NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

16 July 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 - 16 July 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—Cr John Ainsworth

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 25 June 2015...................................................................................... 6

5        NOTICES OF MOTION

5.1     Notice Of Motion - Proposed Motions For Submission To Lgnsw Annual Conference Business Paper (SF45)............................................................................................................................ 16  

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.................................................................................... 18

9.2     Notice of Withdrawal from the Mid North Coast Regional Organisation of Councils (MIDROC) 24

9.3     Nambucca Shire Council - A R Bluett Award Nomination 2015........................................... 27

9.4     Bowraville Memorial - Donation of Application Fees......................................................... 31

9.5     Local Government NSW - Membership Subscription......................................................... 33

9.6     Policy review - Companion animals.................................................................................. 43

9.7     Minutes of the Nambucca Shire Council Access Committee meeting held 26 May 2015...... 49

9.8     Minutes of the Nambucca Shire Council Access Committee meeting held 23 June 2015..... 52

9.9     Outstanding DA's greater than 12 months,
applications where submissions received
not determined from 18 June 2015 to 8 July 2015............................................................. 56

9.10   Council Ranger's Report June 2015................................................................................. 58

9.11   2015 June - Development and Complying Development Applications Received ................ 60

9.12   2015 June - Construction And Complying Development Certificates Approved ................. 64

10      Assistant General Manager Corporate Services Report

10.1   Grant Application Status Report ..................................................................................... 68

10.2   Donations Program (Section 356) 2015/2016 -
Late 2015/2016 application and two requests for donations.............................................. 72

10.3   Developer Contributions Plan Review: Adoption of Final Community Facilities and Public Open Space Plan .............................................................................................................................. 78

10.4   Schedule of Council Public Meetings............................................................................. 130

10.5   Scotts Head Tennis Club Committee of Management - Minutes of the Annual General Meeting - 12 June 2015............................................................................................................................. 131

10.6   Unkya Reserve Committee of Management - Minutes of Annual General Meeting - 6 August 2014.................................................................................................................................... 137

10.7   Investment Report to 30 June 2015................................................................................ 147


11      Assistant General Manager Engineering Services Report

11.1   Naming the Old Pacific Highway.................................................................................... 152    

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

12.1   Write off of Debtor Account Balances

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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

 

 

 

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 25 June 2015

The following document is the minutes of the Ordinary Council meeting held 25 June 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 16 July 2015 and therefore subject to change.  Please refer to the minutes of 16 July 2015 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Paula Flack

Cr Brian Finlayson

Cr Bob Morrison

Cr Kim MacDonald

Cr Elaine South

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Heather Leclercq (Minute Secretary)

 

 

PRAYER

 

Pastor Paul Richardson from the Seventh Day Adventist Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Mayor, Cr Rhonda Hoban declared a pecuniary interest in Item 9.3 Outstanding DA’s Greater than 12 months, applications where submissions received not determined from 4 June 2015 to 17 June 2015 to 17 June 2015 under the Local Government Act as one of the DA’s referred to, DA2015/066, involves an immediate family member who is currently employed by the Applicant.  Mayor, Cr Rhonda Hoban left the meeting for this item.

 

General Manager Michael Coulter declared a non-pecuniary significant conflict of interest in Item 9.3 Outstanding DA’s Greater than 12 months, applications where submissions received not determined from 4 June 2015 to 17 June 2015 to 17 June 2015 under the Local Government Act as Mr Coulter states that one of the DA’s referred to, DA2015/066, involves a person who is in his surf lifesaving patrol at Macksville-Scotts Head SLSC and who he competes with in surf boat rowing. The General Manager, Mr Coulter left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 June 2015

 

897/15 RESOLVED:        (MacDonald/Flack)

 

That the minutes of the Ordinary Council Meeting of 11 June 2015 be confirmed.

 

 

 

PUBLIC FORUM/DELEGATIONS

 

RECOMMENDATION:      (Smyth/Flack)

 

That the following delegations be heard:

 

i)        Damon Simon-Wilson and Jett Jarrett

          NAIDOC WEEK PRESENTATION on behalf of Frank Partridge VC Primary School

 

 

 

NOTICE OF MOTION - CR MORRISON

 

ITEM 5.1      SF2049              250615      Notice of Motion - Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing (SF1496)

MOTION:      (Morrison/Ainsworth)

 

That Council make a submission to the Department of Primary Industry in relation to the "Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing" emphasising the point that matters concerning recreational or commercial fishing in a council’s rivers, that there be direct communications and consultation between Fisheries and the council concerned especially in the matter of river closures to either commercial or recreational fishing including urgent amendments or revocation. Submissions are required by 26 June 2015.

 

amendment:       (MacDonald/Flack)

 

That Council make a submission to the Department of Primary Industry in relation to the "Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing" emphasising the point that matters concerning recreational or commercial fishing in a council’s rivers, that there be direct communications and consultation between Fisheries and the council concerned especially in the matter of river closures to either commercial or recreational fishing including urgent amendments or revocation relating to the Fisheries Management Act 1994 and with the inclusion of a paragraph proposed by Cr Morrison.  Further that Councillors make their own submissions with their own attachments as they see fit. Submissions are required by 26 June 2015.

 

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

 

898/15 RESOLVED:        (MacDonald/Flack)

 

That Council make a submission to the Department of Primary Industry in relation to the "Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing" emphasising the point that matters concerning recreational or commercial fishing in a council’s rivers, that there be direct communications and consultation between Fisheries and the council concerned especially in the matter of river closures to either commercial or recreational fishing including urgent amendments or revocation relating to the Fisheries Management Act 1994 and with the inclusion of a paragraph proposed by Cr Morrison.  Further that Councillors make their own submissions with their own attachments as they see fit. Submissions are required by 26 June 2015.

 

 

 

NOTICE OF MOTION - CR MacDonald

 

ITEM 5.2      SF2049              250615      Jamie Bekis - Donation

899/15 RESOLVED:        (MacDonald/Smyth)

 

That Council implement the following actions:

 

a        (Given Council’s Budget constraints) that Council assist by providing Jamie with a one off Payment to assist in covering his Expenses of his June/July 2015 tour of England in the amount of $500.00.

b        Request Council’s Grants Officer to Contact Jamie and Family to proactively ascertain whether Jamie may be eligible for Australian Government Local Sporting Champions Program over the coming 2 years. (Jamie is only 16 and could potentially qualify for the next 2 years)

c        That Council formally congratulate Jamie for his recent achievement of Selection in the Darren Lehmann Cricket Academy tour of England.

d        Finally, that Miss Henry be thanked for taking it upon herself to place a donation tin in Council Staff Rooms to help raise funds for Jamie in Recent Weeks.

 

  

ASKING OF QUESTIONS WITH NOTICE

There were no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There were no questions for Closed Meeting where due notice has been received.

 

 

 

General Manager Report

 

ITEM 9.5      SF688                250615      Environmental Levy Proposed 15/16 Budget

900/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council endorse the proposed budget for the 2015/16 Environmental Levy Program.

 

 

 

ITEM 9.1      SF578                250615      Inquiry into Local Government in New South Wales

901/15 RESOLVED:        (Flack/Smyth)

 

That Council endorse the attached submission to the NSW Legislative Council’s General Purpose Standing Committee No. 6 which is enquiring into local government in NSW.

 

 

 

ITEM 9.2      SF959                250615      Outstanding Actions and Reports

902/15 RESOLVED:        (MacDonald/Flack)

 

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

 

 

 

 

Mayor, Cr Hoban and General Manager, Mr Coulter, left the meeting for this Item at 6.28 pm and returned after the conclusion at 6.30pm.

Deputy Mayor, Cr Ainsworth took the Chair for the duration of this Item.

 

ITEM 9.3      SF2038              250615      Outstanding DA's greater than 12 months, applications where submissions received not determined from 4 June 2015 to 17 June 2015

903/15 RESOLVED:        (Flack/Morrison)

 

That the information be noted by Council.

 

 

 

ITEM 9.4      SF42                  250615      Profile & Performance of the NSW Local Government Section 2013/14 - Comparative Data

904/15 RESOLVED:        (Smyth/Flack)

 

The information concerning the comparative data on the profile and performance of NSW Local Government be received.

 

 

ITEM 9.5 was brought forward and discussed prior to Item 9.1.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1873              250615      Making of Rates and Charges 2015/2016

 

This matter was dealt with in Item 10.4.

 

 

 

Assistant General Manager Corporate Services Report - LATE

 

ITEM 10.4    SF1873              250615      Amended Making of Rates and Charges 2015/2016

905/15 RESOLVED:        (MacDonald/South)

 

1          That it be confirmed that in accordance with Section 501 of the Act, the annual access charge for water supply services to all properties connected or able to be connected to Council’s water supply in accordance with Section 552(1) of the Act for 2015/2016 is made at one hundred and twenty eight dollars ($128.00) per occupancy for each assessment, for a 20mm or 25mm connection; five hundred and twelve dollars ($512.00) for a 40mm connection, eight hundred dollars ($800.00) for a 50mm connection, two thousand and forty eight dollars ($2,048.00) for a 80mm connection and three thousand two hundred dollars ($3,200.00) for a 100mm connection, to be charged per connection for each assessment; and one hundred and twenty eight dollars ($128.00) for vacant or unconnected land per assessment, and have a short title of “Water Access”; and a consumption charge of two dollars and ninety cents ($2.90) per kilolitre to apply to all water consumption billed during the financial year and such charge to have a short title of “Water Charge” in accordance with Section 543 of the Act.

 

2          That it be confirmed that in accordance with Section 501 of the Act the annual access charge for sewerage services to all properties connected or able to be connected to Council's sewer in accordance with Section 552(3) of the Act for 2015/2016 is made at six hundred and twelve dollars ($612.00) per occupancy for each assessment for residential connections; for non-residential connections two hundred and thirty nine dollars ($239.00)  for 20mm connection, nine hundred and fifty six dollars ($956.00) for 40mm connection, one thousand four hundred and ninety four dollars ($1,494.00) for 50mm connection, three thousand eight hundred and twenty four dollars ($3,824.00) for 80mm connection and five thousand nine hundred and seventy five dollars ($5,975.00) for 100mm connection, per connection for each assessment; and two hundred and thirty nine dollars ($239.00) for vacant or unconnected land per assessment, and have a short title of “Sewer Access”; and a sewer usage charge of three dollars and thirty one cents ($3.31) per kilolitre to be calculated on the estimated volume discharged from properties, excluding residential connections, using the total water consumption based on NSW Department of Water and Energy guidelines and such charge to have a short title of "Sewer Usage Charge" and be included on the ‘Water Account’.

 

3          That it be confirmed that in accordance with Section 501 of the Act, the waste management tip provision charge for 2015/2016 is made at one hundred and forty three dollars ($143.00) per assessment for properties categorised as Business or Farmland, or are Non Rateable, that are not vacant but do not, or have elected not to, receive a commercial waste service or are not on a waste collection route, or vacant land where the service is available; such charge to have the short title of “Tip Provision”.


 

4          That in accordance with Section 496 of the Act, the annual charge for 2015/2016 for domestic waste service on all occupied rateable land in the Shire, categorised Farmland or Residential under Section 515 or 516 of the Act, or are Non Rateable properties to which a domestic waste service is provided, is made at five hundred and twenty seven dollars ($527.00) per occupancy for each assessment which contains up to and including five residential occupancies, such charge to have a short title of “Full Domestic Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $527.00, where “A” equals the annual charge, “B” equals the number of occupancies and $527.00 is the unit price. Residential assessments with six or more occupancies, upon request, may be charged one full service charge of five hundred and twenty seven dollars ($527.00) and sufficient additional bins, at the appropriate charge, to service the waste collection requirements of the assessment, as agreed between the property owner and the Council’s Waste Management Officer.

            A waste management ‘tip provision’ annual charge of one hundred and forty three dollars ($143.00) for the year 2015/2016 is made for properties categorised Farmland or Residential or are Non Rateable, that are not vacant, but do not receive a domestic waste service or are not on a waste collection route.

 

5          That it be confirmed that in accordance with Section 496 of the Act the annual charge for 2015/2016 for domestic waste on all vacant rateable land in the Shire, categorised Residential (under Section 516 of the Local Government Act 1993) or are Non Rateable and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville and all land within the rural sector with a residential building entitlement, including land categorised as Farmland, where the domestic waste collection service is available, is made at one hundred and forty three dollars ($143.00) per assessment, such charge to have short title of “Vacant Waste Management”.

 

6          That it be confirmed that in accordance with Section 501 of the Act, the annual charge for 2015/2016 for waste service on all occupied rateable land in the Shire, categorised Business (under Section 518 of the Act) to which a waste service is provided, or is Non Rateable land to which a non-residential waste service is provided, is made at five hundred and twenty seven dollars ($527.00) per occupancy per assessment, such charge to have a short title of “Full Commercial Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $527.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $527.00 is the unit price.

 

7          That it be confirmed that in accordance with Section 501 of the Act the annual charge for waste for 2015/2016 on all vacant rateable land in the Shire, categorised Business (under Section 518 of the Act) or is Non Rateable land, and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville, is made at one hundred and forty three dollars ($143.00) per assessment, such charge to have a short title of “Vacant Waste Management”.


 

8          That it be confirmed that in accordance with Section 496A & 510A of the Act the annual charge for 2015/2016 for stormwater management services on all rateable privately owned developed non strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment, such charge to have a short title "Stormwater Charge".

 

9          That it be confirmed that in accordance with Section 496A & 510A of the Act the annual charge for 2015/2016 for stormwater management services on all rateable privately owned developed strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twelve dollars and fifty cents ($12.50) per lot/assessment, such charge to have a short title "Stormwater Res-Strata ".

 

10         That it be confirmed that in accordance with Section 496A & 510A of the Act the annual charge for 2015/2016 for stormwater management services on all rateable privately owned developed business land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres, such charge to have a short title "Stormwater Business " and be capped at $100.00 per assessment.

 

11         That it be confirmed that in accordance with Section 496A & 510A of the Act the annual charge for 2015/2016 for stormwater management services on all rateable privately owned developed business strata lots/land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at an amount equal to twenty five dollars ($25.00) per strata plan land parcel (parent parcel) plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres and capped at $100.00 then be charged the greater of five dollars ($5.00) or the relevant proportion of the maximum annual charge that would apply to the land subject to the strata scheme (the ‘relevant proportion’ is the proportion that the unit entitlement of that lot in the scheme bears to the aggregate unit entitlement of the scheme), such charge to have a short title "Stormwater Bus-Strata".

 

12         That a rate of zero point zero zero five five seven four dollars ($0.005574) on the land value of all rateable land in the rating category of “Farmland”, is made for the year 2015/2016, subject to a minimum rate of four hundred and ninety seven dollars ($497.00) per assessment, in accordance with Section 458 of the Act, such rate to apply to all properties categorised as “Farmland”, pursuant to Section 515 of the Act, such rate to a short title of “Farmland” in accordance with Section 543 of the Act.

 

13         That a rate of zero point zero zero five seven zero three dollars ($0.005703) on the land value of all rateable land in the rating category “Residential” is made for the year 2015/2016, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all properties categorised as “Residential”, pursuant to Section 516 of the Act, excluding all properties in the sub categories “Town” and “Village/Estates”, such rate to have a separate short title of “Residential Non-Urban”.


 

14         That a rate of zero point zero zero five seven zero three  dollars ($0.005703) on the land value of all rateable land in the rating category “Residential”, sub category “Town” is made for the year 2015/2016, pursuant to Section 516 of the Act, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all rateable land located in centres of population described as comprising all properties zoned residential, located in the towns of Nambucca Heads, Hyland Park, Macksville, Bowraville, Scotts Head and Valla Beach and serviced or able to be serviced with water supply, sewerage, or septic tank, such rate to have a separate short title of “Residential Town”.

 

15         That a rate of zero point zero zero five seven zero three dollars ($0.005703) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” is made for the year 2015/2016, pursuant to Section 516 of the Act, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all rateable land located in the villages of Eungai Rail, Eungai Creek, Warrell Creek, Donnellyville, Taylors Arm – Upper and Lower, and all Estates comprising all residential land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development residential lots along rural roads contiguous to developed estates and villages and all ribbon development residential lots along rural roads immediately opposite to developed estates, such rate to have a separate short title “Residential Village/Estates”.

 

16      That a rate of zero point zero zero seven six six five dollars ($0.007665) on the land value of all rateable land in the rating category “Business” is made for the year 2015/2016, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all properties  categorised as “Business”, pursuant to Section 518 of the Act, excluding all properties in the sub categories “Caravan Park”, “CBD” and “Industrial Estate”, such rate to have a separate short title of “Business Ordinary”.

 

17      That a rate of zero point zero zero nine two five eight dollars ($0.009258) on the land value of all rateable land in the rating category “Business”, sub category “Caravan Park”, is made for the year 2015/2016,  pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all rateable properties categorised as Business sub category “Caravan Park” and have a short title of “Business Caravan Park”.

 

18      That a rate of zero point zero one one six seven nine dollars ($0.011679) on the land value of all rateable land in the rating category “Business”, sub category “CBD” is made for the year 2015/2016, pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “CBD” in the towns of Nambucca Heads, Bowraville, Macksville, Valla Beach, and Scotts Head and such rate to have a separate short title of “Business CBD”.

 

19      That a rate of zero point zero zero seven two six six dollars ($0.007266) on the land value of all rateable land in the rating category “Business”, sub category “Industrial Estate” is made for the year 2015/2016, pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and fifty nine dollars ($759.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “Industrial Estate” in the towns of Nambucca Heads and Macksville, and such rate to have a short title of “Business Industrial”.

 

20      That a special rate, pursuant to Section 495 of the Act, consisting of a base amount of twenty dollars and twenty cents ($20.20) per assessment, with a short title of “Environmental Base” and an ad-valorem amount of zero point zero zero zero one three nine five dollars ($0.0001395) on the land value of all rateable land in Council’s area (refer Section 538 of the Act), with a short title of “Environmental Levy”, is made for the year 2015/2016. The base amount will produce approximately forty nine point seven six percent  (49.76%) of the total amount payable by the levying of the special rate so as to comply with Section 500 of the Act.

 

21      That a charge of ninety four dollars ($94.00) for the annual fee for Category 1 (Low Risk) Sewer Trade Waste, is made for the year 2015/2016 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1”.

 

22      That a charge of ninety four dollars ($94.00) for the annual fee for Category 1A (Low Risk) Sewer Trade Waste, is made for the year 2015/2016 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1A”, with an additional charge of one dollar and seventy seven cents ($1.77) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2015/2016 pursuant to Section 502 of the Act.

 

23      That a charge of one hundred and fifty six dollars ($156.00) for the annual fee for Category 2 (Medium Risk) Sewer Trade Waste, is made for the year 2015/2016 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 2”, with a usage charge of one dollar and seventy seven cents ($1.77) per kilolitre or fifteen dollars and eighty two cents ($15.82) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2015/2016 pursuant to Section 502 of the Act.

 

24      That a charge of one hundred and fifty six dollars ($156.00) for the annual fee for Category 3 (High Risk) Sewer Trade Waste, is made for the year 2015/2016 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 3”, with an additional charge of one dollar and thirteen cents ($1.13) per kilogram for Excess Mass, is made for the year 2015/2016 pursuant to Section 502 of the Act.

 

25      That a charge of ninety four dollars ($94.00) for the annual fee for Category 4 Septic tank Effluent Disposal Sewer Trade Waste, is made for the year 2015/2016 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”.

 

26      That a charge of ninety four dollars ($94.00) for the annual fee for Category 4 Caravan Dump Effluent Disposal, is made for the year 2015/2016 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”, with a charge of one hundred and thirty seven dollars ($137.00) for Disposal at Treatment Works with a maximum of 2,500L, disposals over 2,500L will have an additional charge of fifty dollars ($50.00) per 1000L, is made for the year 2015/2016 pursuant to Section 501 of the Act.

 

27      That an interest rate of 8.5% per annum is set for the year 2015/2016, pursuant to Section 566 of the Act, and be charged on overdue rates and charges.

 

 

 

ITEM 10.2    SF251                250615      Schedule of Council Public Meetings

906/15 RESOLVED:        (Flack/Smyth)

 

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

 

 

 

Assistant General Manager Corporate Services Report – LATE

 

ITEM 10.3    SF1621              250615      Revised Long Term Financial Plan

907/15 RESOLVED:        (Finlayson/Ainsworth)

 

That Council adopt the Revised Long Term Financial Plan 2015-2025.

 

 

 

ITEM 10.4 was brought forward and discussed prior to Item 10.1.

 

 

 

Assistant General Manager Corporate Services Report – LATE

 

ITEM 10.5    SF2025              250615      Fit For the Future Submission Update

908/15 RESOLVED:        (Flack/Ainsworth)

 

1        That Council note the report and allow a verbal presentation on Council’s Fit for the Future Improvement Proposal.

 

2        That Council adopt the substantive content of Councils Fit For The Future Improvement Proposal and authorise the Assistant General Manager Corporate Services to make any refinement to the details prior to submission.

 

3        That Council thank the Assistant General Manager Corporate Services and finance staff for their effort in preparing the Fit for the Future Improvement Proposal response.

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF565                250615      Application for Temporary Road Closure -  NAIDOC Week March and Drag-Ens Hot Rod Displays

909/15 RESOLVED:        (Ainsworth/MacDonald)

 

1        That Council endorse the Temporary Road Closure Application from Bowraville Local Aboriginal Land Council to conduct the 2015 NAIDOC Week March to be held between 10.00am and 10.30am on Monday 6 July 2015 as follows:

·      High Street, Bowraville – Bowra Street to Young Street

 

2        That Council the endorse temporary road closure application from Drag-Ens Hot Rod Club to hold a hot rod display and billy cart derby, to be held between 10.00am and 2.00pm Friday 25 September 2015 as follows:

·      High Street, Bowraville – George Street to Young Street

 

3        That Council the endorse temporary road closure application from Drag-Ens Hot Rod Club to conduct the annual hot rod display, to be held between 10.00am and 12.00pm Saturday 26 September 2015 as follows:

 

·      Bowra Street and Mann Street Nambucca Heads – Ridge Street to West Street

 

4        That Council notes the following information has been received for all the above 3 events:

 

·      Certificate of Currency for Public Liability Insurance

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

·      Police and Roads and Maritime Services approval for the road closures.

 

 

 

ITEM 11.2    SF95                  250615      Suitability of Nose-to-Kerb Parking within Nambucca Shire

MOTION:      (Flack/Morrison)

 

1        That Council note the contents of the report and retains existing rear-to-kerb angled parking arrangements throughout the Nambucca Shire townships, with the exception of

 

·      That subject to consideration of the Local Traffic Committee and in consultation with the Macksville Chamber of Commerce and Industry, Council endorse a 6 month trial of nose-to-kerb on-street parking arrangements in River Street (West) adjacent to the river bank.

 

2        That after the 6 month trial period of nose-to-kerb on-street parking arrangements in River Street (West) adjacent to the river bank Council receive a further report on the outcome of the trial period.

 

3        That Council include a question in the next Community Survey in relation to nose to kerb parking.

 

AMENDMENT:       (Ainsworth/Smyth)

 

That the matter be deferred for a presentation by the Manager Technical Services and that the Chambers of Commerce be invited to the presentation.

 

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

 

910/15 RESOLVED:        (Ainsworth/Smyth)

 

That the matter be deferred for a presentation by the Manager Technical Services and that the Chambers of Commerce be invited to the presentation.

 

 

 

ITEM 11.3    RF275                250615      Bellingen-Bowraville Road

911/15 RESOLVED:        (Smyth/Flack)

 

1        That Council accept the offer of $190,925 for planning and survey works to investigate the provision of an access trail on the southern section of Bellingen Road as per the offer from Roads and Maritime Services in their letter dated 10 February 2015.

 

2        That Council liaise with the National Parks and Wildlife Service, Forests NSW and the Rural Fire Service in relation to their requirements and the intended work.

 

 


 

ITEM 11.4    SF265                250615      DRAFT Water Policy with Demand Management and Water Conservation 

912/15 RESOLVED:        (Ainsworth/MacDonald)

 

1        That Council receive and note the information included in the DRAFT Water Supply Policy (Our Ref: 17106/2015).

 

2        That Council review and provide written comment on the DRAFT Water Supply Policy by 15 July 2015 so that any agreed changes can be included in the document prior to Council approval for public exhibition.

 

   

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.25 pm. 

 

Confirmed and signed by the Mayor on 16 July 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

    


Ordinary Council Meeting                                                                                                     16 July 2015

Notice of Motion

ITEM 5.1      SF2049            160715         Notice Of Motion - Proposed Motions For Submission To Lgnsw Annual Conference Business Paper (SF45)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

At the Ordinary Council Meeting of 11 June 2015 Council resolved:

 

That Councillors forward proposed motions for the LGNSW Annual Conference Business Paper to the Mayor by COB 30 June 2015 for reporting back to Council for endorsement prior to submission to the Association.

 

The proposed motions are listed individually and are to be dealt with individually.

 

In considering the proposed motions Council should consider the following advice from the Association:

 

The Board of LGNSW has resolved that motions will be included in the Business Paper for the Conference where they:

 

1.                are consistent with the objectives of the Association (see Rule 4 of the Association’s rules)

2.                relate to Local Government in NSW and/or across Australia

3.                concern or are likely to concern Local Government as a sector

4.                seek to advance the Local Government policy agenda of the Association and/or improve        governance of the Association

5.                have a lawful purpose (a motion does not have a lawful purpose if its implementation would        require or encourage non-compliance with prevailing laws)

6.                are clearly worded and unambiguous in nature; and

7.                do not express preference for one or several members over one or several other members.

 

 

 

Recommendation:

 

1        That LGNSW request that when the Department of Primary Industries is considering any change to legislation, or any action that impacts on either commercial or recreational fishing on a river system that the Councils adjoining that river be notified and consulted.

 

2        That LGNSW lobby the State Government to expedite determination of the numerous outstanding Aboriginal Land Claims across the State of NSW.

 

3        That LGNSW seek the reinstatement of the claimable expense pertaining to the use of council staff during their normal working hours to attend to natural disaster relief and recovery funded works.

 

4        That LGNSW lobby the State Government to finalise new funding arrangements for the SES, RFS and Fire Brigades via a property levy.

 

 

 

 

DISCUSSION:

 

Recommendation 1:

 

That LGNSW request that when the Department of Primary Industries is considering any change to legislation, or any action that impacts on either commercial or recreational fishing on a river system that the Councils adjoining that river be notified and consulted.

 

Recommendation 2:

 

That LGNSW lobby the State government to expedite determination of the numerous outstanding Aboriginal Land Claims across the state of NSW.

 

Nambucca Heads Local Aboriginal Land Council currently has 42 outstanding Land Claims and Nambucca Shire Council was recently advised by Crown Lands Grafton that there are approximately 30,000 outstanding Aboriginal Land Claims across the State.  It is understood that under the Aboriginal Land Rights Act, as of 1 July 2015 Land Councils and the Crown may negotiate bulk settlements of claims.  Whether claims are dealt with individually or in bulk, these long outstanding claims need to be determined to provide certainty to current owners, land managers and most importantly the claimants.

 

Recommendation 3:

 

That LGNSW seek the reinstatement of the claimable expense pertaining to the use of Council staff during their normal working hours to attend to natural disaster relief and recovery funded works.

 

Roads and Maritime Services recently advised Nambucca Shire Council that any work performed by Council staff during normal working hours to repair Natural Disaster damage will not be claimable against Natural Disaster Funding.  However if the work is performed by contractors it will be.  This is likely to lead councils to put all Disaster Recovery work to tender which will not necessarily reduce the costs; it may in fact increase the costs; and will likely increase the time frames for repair and compound public inconvenience.

 

Recommendation 4:

 

That LGNSW lobby the state government to finalise new funding arrangements for the SES, RFS and Fire Brigades via a property levy.

 

It is understood that there is broad support for a property levy to fund SES, RFS and Fire Brigades as a more equitable means of funding these services.

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                                     16 July 2015

General Manager

ITEM 9.1      SF959              160715         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.

 

As at 29 May 2015 public consultation on the preparation of the Flood Risk Management Plan had commenced.

 

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

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

 

7

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

 

8

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.

 

Draft planning proposal prepared and submitted to the Department of Planning.  Waiting on Department’s advice as to their requirements.

 

 

9

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

 

10

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

 

11

SF929

11/12/14

Council seek expressions of interest from BSC and CHCC on an alliance to operate a regional focussed Visitor Information Centre (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.

 

A tender for the Highway Service Centre has been accepted.  The Manager Business Development has made an enquiry in relation to securing 100m2 of floor space for a Visitor Information Centre and associated retail.  Awaiting advice as to potential cost and will then be reported to Council.

 

 

12

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.

Council’s Grants & Contributions Officer has written to property owners proposing a financing arrangement for their comment.  The financing arrangement is based on all property owners paying the sewer headworks charge for their existing ET with the Stronger Regions Funding being used to discount that contribution.  For example the Pelican Caravan Park has 38 ET @ $9,335 per ET = $354,730 but the $241,000 funding across 66 existing ET allows a discount of $3,651 per ET.  Therefore the contribution payable by Pelican Park would be $354,730 – ($3,651 x 38) = $215,992.

For the existing 66 ET Council will achieve $616,110 in sewer headworks contributions with further ET contributions possible from new development.

 

Will be reported back to Council following the receipt of any comments from property owners.

 

 

JANUARY 2015

 

13

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.

 

As at 16 June work had commenced on the housekeeping amendments and a report is now scheduled for a July Council meeting.

 

 

FEBRUARY 2015

 

14

SF843

26/02/15

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

 

AGMES

Letter sent 5 March 2015

 

GM has held discussion with the GM at Bellingen and the matter has not been progressed any further

 

MIDROC have spoken about a common permit for the MIDROC coastal councils and the matter has not been progressed any further

 

 

MARCH 2015

 

15

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

 

Mayor and GM meeting with Crown Lands staff in Grafton on 24 June.  This matter will be raised amongst others.

 

16

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.

 

As at June 2015 arrangements being made for a consultant to assist Council staff in investigating the liability associated with the proposed handover of the existing Pacific Highway to Council.  Data provided by the RMS needs to be reviewed as well as a physical inspection of the road and bridge assets.

 

APRIL 2015

 

17

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.

 

As at 15 June 2015 - Council’s Rates Officer has met with Neville Miles.  A number of options were discussed, including dedicating the land to Council and consolidating the land with the adjoining strata.  Mr Miles advised that he would consult with other property owners and advise Council.  A response has not been received to date.

 

 

18

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.

 

Follow up letter sent 30 June 2015.

 

MAY 2015

 

19

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.

 

Follow up letter sent 15 June 2015.

 

Natural Disaster Declaration has been made.

 

20

SF1699

28/05/15

Council await a future planning proposal to be presented to consider including secondary dwellings within the R5 Large Lot Residential Zone and detached dual occupancies within the RU1 Primary Production and RU2 Rural Landscape zones

 

GM

Report August 2015

 

21

SF1699

28/05/15

Staff prepare amended Water Supply and Sewerage Developer Servicing Plans and Section 94 Contribution Plans for Council’s consideration which includes specific criteria for secondary dwelling developments to be eligible for a developer contributions waiver.

 

GM

Report August 2015

 

JUNE 2015

 

22

SF639

11/06/15

That a report go to Council in two months on how the current Ranger is coping and options on enhancing the role.

 

GM

Report August 2015

 

23

SF2049

25/06/15

Council make a submission to the Dept. of Primary Industry in relation to the proposed changes to the Fisheries Management Act 1994.

 

GM

Submission sent to Dept. on 26/6/15.

 

24

SF95

25/06/15

That the matter (suitability of Nose to Kerb Parking) be deferred for a presentation by the MTS and that the Chambers of Commerce be invited to the presentation.

 

AGMES

Report August 2015.

 

25

SF265

25/06/15

Council review and provide written comment on the draft Water Supply Policy by 15 July so that any agreed changes can be included in the document prior to Council approval for public exhibition.

 

AGMES

Report to meeting in July 2015.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     16 July 2015

General Manager's Report

ITEM 9.2      SF979              160715         Notice of Withdrawal from the Mid North Coast Regional Organisation of Councils (MIDROC)

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council will pay an annual membership subscription to the Mid North Coast Regional Organisation of Councils (MIDROC) of $12,511.47 for the 2014/2015 financial year.

 

The Office of Local Government has announced that the proposed Joint Organisations to be implemented as part of the “Fit for the Future” reforms are scheduled to be rolled out in September 2016.  It will be a legislated requirement that Councils join their nominated Joint Organisation.

 

The nominated core functions of the proposed Joint Organisations are very similar to the existing functions of regional organisations of councils, including MIDROC.

 

Given the overlapping functions of the proposed Joint Organisation and MIDROC and the cost of being a member of both, it is recommended that Council provide notice of its withdrawal from MIDROC.  Under the MIDROC constitution a Council may withdraw from membership of the organisation on giving twelve months written notice to the secretary.

 

 

Recommendation:

 

That Council agree to the dissolution of the Mid North Coast Regional Organisation of Councils (MIDROC) but in the event that dissolution is not agreed or not forthcoming within a reasonable period, that Council provide 12 months’ notice to MIDROC of its withdrawal for the reason that the Government’s proposed Joint Organisations will be operative by September 2016 and perform a similar function to MIDROC.

 

 

OPTIONS:

 

Council can make no decision regarding its withdrawal from MIDROC in which case it will continue to pay its membership subscriptions.

 

There is a possibility that the majority of MIDROC councils may choose to withdraw from the organisation between now and when the Joint Organisations commence their operations.  This may result in the whole organisation being “wound up”.  Council could wait until such a decision is made, although there is no guarantee that this would occur.  This Council’s notice of withdrawal may well pre-empt such an outcome.

 

The other option MIDROC has is to change its constitution so that 12 months’ notice of withdrawal is not required.

 

 

DISCUSSION:

 

As a member of the Mid North Coast Regional Organisation of Councils (MIDROC), Nambucca Shire Council pays an annual membership subscription.  On 29 June 2015, Council received invoices for its membership subscription for the 2014/2015 financial year.  There is a base contribution of $10,000 plus an additional contribution of $2,511.47 based on $0.13 per head (19,319 population as per ABS data as at June 2012).  This makes a total contribution to MIDROC of $12,511.47.

 

The Office of Local Government has announced that the proposed Joint Organisations to be implemented as part of the “Fit for the Future” reforms will be rolled out in September 2016.  It will be a legislated requirement that Councils join their nominated Joint Organisation.

 

The nominated core functions of the proposed Joint Organisations are very similar to the existing functions of regional organisations of councils being:

 

·                                                              Regional strategic planning

·                                                              Inter-governmental collaboration

·                                                              Regional leadership

·                                                              Advocacy

 

In its constitution MIDROCs mission is to improve the wellbeing of communities on the Mid North Coast through an alliance that:

 

·           Advocates to and informs all spheres of Government on the infrastructure, social, economic and environmental needs of the Mid North Coast Region.

·           Develops strategies that will build community capacity across the region.

·           Attracts resources to address regional needs.

·           Increases effectiveness and efficiency of member Councils through sharing ideas, resources, professional development, training, procurement and benchmarking opportunities.

 

As the Joint Organisation will be a type of statutory authority it will require an executive and support staff which will need to be funded by its constituent councils.  In the case of Nambucca Shire Council we have been earmarked to participate in the North Coast Joint Organisation with Clarence Valley, Coffs Harbour and Bellingen councils.

 

Given the overlapping functions of the proposed Joint Organisation and MIDROC and the cost of being a member of both, it is recommended that Council provide notice of its withdrawal from MIDROC.  Under the MIDROC constitution a Council may withdraw from membership of the organisation on giving twelve months written notice to the secretary, although the Board may upon a resolution of a majority of members agree to a lesser period.

 

 

CONSULTATION:

 

There has been consultation with the Mayor.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

A decision to formally withdraw from MIDROC may well pre-empt other Councils to consider their position.  As such any decision by Council to withdraw may not be well received from those Councils who have advocated for the continuation of MIDROC either in the form of a Joint Organisation or as a continuing organisation of councils after the implementation of the Joint Organisations.

 

The matter has already been debated by MIDROC at several meetings.  Given the similar nature of MIDROC and the proposed Joint Organisation, the opinion put by the representatives of Nambucca Shire Council (the Mayor and General Manager) is a preference to belong to the organisation which best reflects our community of interest.  In any event membership of the JO will be mandated.

 

In the event that the NSW Government’s plans for the implementation of Joint Organisations are delayed or deferred for whatever reason then there may be a benefit in continuing with MIDROC.  However because 12 months’ notice of withdrawal has to be provided, more financial risk lies in remaining with MIDROC than with withdrawing.

 

The MIDROC constitution provides that for a Council withdrawing its membership, when such termination takes effect, no contribution shall be refunded, no funds will be distributed, and the constitution remains in force between the remaining members.  Whilst MIDROC generally spends most its collected funds on projects within one to two years of collection, it is possible that Council’s notice of withdrawal would not provide a return of funds as would be the case if the whole organisation was wound up.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The provision of 12 months’ notice of withdrawal from MIDROC will allow Council to terminate its on-going membership subscription.  The Council is not sufficiently well funded to justify being a member of both MIDROC and the proposed Joint Organisation.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Council does not have the funding or the staffing capacity to remain a member of both MIDROC as well as the proposed Joint Organisation.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     16 July 2015

General Manager's Report

ITEM 9.3      SF2133            160715         Nambucca Shire Council - A R Bluett Award Nomination 2015

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The A R Bluett Memorial Award is arguably the most prestigious award of achievement for NSW local government.  It has been awarded annually since 1945 and is contested each year by councils in NSW who would like to be recognised as being the most progressive in the state.

 

Nambucca Shire Council does have a good story to tell in relation to achievement in its 100th year.  Besides the completion of the Bowra Dam, there has been achievement across a broad range of Council activities including but not limited to asset management, control of operating costs, environmental plans and programs, community health and development and economic initiatives.

 

It is proposed that Council submit an entry for the 2015 Award.  The entry will also serve as a written record of Council’s achievement in its centennial year and the basis of a special annual report.

 

 

Recommendation:

 

1        That Council note the proposed nomination for the 2015 Bluett Award.

 

2        That Council adopt a budget of $8,000 for the preparation and lodgement of the entry to the 2015 Bluett Award.

 

 

OPTIONS:

 

Council can opt not to lodge an entry for the 2015 A R Bluett Award.  Given the amount of work required from Council staff in submitting an entry before the 31 July deadline, the preparation of the content has already commenced.  If Council elects not to proceed with the nomination, then most of the budget will be saved as it is allocated to graphic design, the purchase of some photos and the entry fee.

 

 

DISCUSSION:

 

The A R Bluett Memorial Award is arguably the most prestigious award of achievement for NSW local government.  It has been awarded annually since 1945 and is contested each year by councils in NSW who would like to be recognised as being the most progressive in the state.  There are two categories for the Bluett Awards being:

 

1        City & Regional Councils

          This includes city, metropolitan and major regional rural councils of which there are 75.

 

2        Rural Councils

          This includes all other rural councils (77) and county councils (14)

 

The Trustees for the Award believe the two categories provide fairness and equity for all councils, whilst at the same time preserving the original intent of the Trust Deed to judge councils on “relative progress”.

 

Nominations for the Award need to be submitted by Friday 31 July 2015 and there is an entry fee of $550 payable to cover the costs incurred in judging and administering the Award.  The Award is judged by the A R Bluett Memorial Trustees who are:

 

Graeme Fleming PSM, Trust Chairman

Bill Bott AM

Allan Ezzy PSM AM

 

Further details concerning the Award can be found on the following website:

 

www.lgnsw.org.au/events-training/ar-bluett-memorial-award

 

Nambucca Shire Council does have a good story to tell in relation to achievement in its 100th year.  Besides the completion of the Bowra Dam, there has been achievement across a broad range of Council activities including but not limited to asset management, control of operating costs, environmental plans and programs, community health and development and economic initiatives.

 

It is proposed that Council submit an entry for the 2015 Award.  The entry will also serve as a written record of Council’s achievement in its centennial year and the basis of a special annual report.

 

Based on recent Award entries and the list of principal activities below it is anticipated that the entry will run to some 50 pages.  Consideration has been given to badging the entry with a name with suggestions being “One in One Hundred” and “Our Centennial Year”.

 

The matters which are proposed to be highlighted in Council’s entry are:

 

          Principal Activities

·      Capital Works & Services

o Bridge replacement program (CSP 9.1.5 & 1.2.1)

o Landslip repair works (CSP 9.1.2 & 1.3.1)

ü Lower Parkes Street (CSP 9.1.2)

ü Riverside Drive (CSP 9.1.2)

ü Taylors Arm Road (CSP 9.1.2)

o New & refurbished toilets (CSP 8.2 & 1.2)       

o Nambucca Heads Sewerage  (CSP 11.2)

o Bowra Dam (CSP 11.1)

 

·      Cultural & Heritage

o Heritage Assistance Program (CSP 8.1)

o Reclassification of Farringdon Fields (CSP 8.1)

o Supporting Volunteers – Funkya at Unkya; Anzac Day (CSP 4.1)

o Stuart Island Interpretative Signage (CSP 4.3.1)

 

·    Sport & Recreation

o Open Space & Communities Facility Study (CSP 8.3)

o Macksville Fun & Fitness Precinct (CSP 8.3)

o Regional boating projects (CSP 8.3)

o Cycleway planning & implementation (CSP 9.1.3)

o Beach access (Valla Beach etc) (CSP 9.1.3 & 7.3)

 

·    Economic & Social Development

o Highway Service Centre (CSP 10.1)

o Gumma Reserve (CSP 10.1)

o Railway Road industrial land (CSP 10.1)

o World Rally (CSP 10.1.4)

 

·    Built & Natural Environment

Valla Growth Area (CSP 5.1)

Beyond By-Pass (CSP 5.1)

Floodplain management planning (CSP 5.1)

Indicative EEC and Koala mapping (CSP 7.4.1)

Swimming pool inspection program (CSP 6.1.1)

On site sewerage inspection program (CSP 3.2.1)

Plumbing and drainage (CSP 6.1)

 

·    Environmental Initiatives

o   Lower Nambucca Sewerage (CSP 11.2 & 7.3)

o   Stuart Island (CSP 7.3)

o   Scotts Head coastal ecology (CSP 7.3)

o   Gumma Swamp (CSP 7.3)

o   Weed management (CSP 7.4.2)

o   Coastal Zone Management Planning (CSP 7.3)

 

·    Health & Community Services

Healthy Communities (CSP 3.3)

Companion Animals (CSP 2.2.2)

Aboriginal Community Development (CSP 4.1.1)

Youth Development (CSP 4.2.1)

Library e-services (CSP 8.1.1)

 

·    Corporate & Governance

Asset Management (CSP 1.2.1)

Organisational Reviews (CSP 1.2.1)

Council’s Centenary (CSP 8.1)

Community Capacity Building (CSP 4.1 & 1.2)

 

CONSULTATION:

 

There has been consultation with Council staff who are responsible for or knowledgeable of the listed principal activities.  These staff need to contribute the content for the nominated principal activities.

 

Council’s nomination for a Bluett Award has been discussed with the Mayor.

 

 

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 identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no provision for preparing an entry for the Bluett Awards in Council’s budget for 2015/2016.

 

Source of fund and any variance to working funds

 

The proposed budget of $8,000 for preparing the Bluett Award entry will need to come from working funds.

 

Service level changes and resourcing/staff implications

 

In addition to the nominated budget of $8,000, there is a considerable amount of staff time required to prepare and lodge the entry.  The staff involved with this will be principally the General Manager, Grants & Contributions Officer; Manager Community Development, Senior Community Development Officer, Strategic Planner, Engineering Designer and Senior Health and Building Surveyor.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     16 July 2015

General Manager's Report

ITEM 9.4      DA2015/070      160715         Bowraville Memorial - Donation of Application Fees

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

It is recommended that Council donate the development application and construction certificate application fees for the construction of a new memorial to the three Aboriginal children, Colleen Walker-Craig, Clinton Speedy-Duroux and Everlyn Greenup.

 

 

Recommendation:

 

That Council provide the $816.90 in application fees for the Bowraville Memorial proposed in DA2015/070 via its 2015/2016 donations budget.

 

 

OPTIONS:

 

There are no real options.  The development and construction certificate applications have already been approved.

 

 

DISCUSSION:

 

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

 

In 2014 the NSW Parliaments Standing Committee on Law and Justice undertook an inquiry into the murders and issued its report in November 2014.

 

The NSW Government has now responded to the Committee’s report and the Family Response.

 

Recommendation 15 was that the NSW Government provide funding to:

 

·   Beautify and maintain the memorial dedicated to Colleen Walker-Craig, Evelyn Greenup and Clinton Speedy-Duroux in Bowraville;

·      Beautify and maintain the Clinton Speedy Memorial Park in Tenterfield, and

·      Erect a memorial to Colleen Walker-Craig in Sawtell.

 

The NSW Government responded that it would contribute funding to upgrade and construct memorials and plaques in Bowraville, Sawtell and Tenterfield dedicated to the memory of Colleen Walker-Craig, Evelyn Greenup and Clinton Speedy-Duroux.  The Government advised that it had undertaken close consultation with the families of the three children, and would fund the following works:

 

·   Three existing plaques currently located at the Bowraville Memorial Park will be removed and replaced with a new structure which will provide a sheltered memorial and place for reflection;

·   A plaque dedicated to Colleen Walker-Craig will be installed at Micks Retreat Picnic Area on the banks of the Bonville River at Sawtell.

·   A plaque dedicated to Clinton Speedy-Duroux will be installed at Milbrook Memorial Park, Poleworth Street, Tenterfield, which will complement the yarning circle that is also located at the site.

·      A plaque dedicated to Evelyn Greenup will be installed on North Congarinni Road, Bowraville.

 

On 29 May 2015 NSW Aboriginal Affairs lodged a DA/CC application for the construction of the memorial at Bowraville.  As described above the development application is for a new memorial underneath a small shelter.  The estimated value of the work was $22,000.  The application was lodged without application fees which total $816.90.

 

Council staff approved the applications under delegated authority on 5 June 2015.

 

In the circumstances it is recommended that Council donate the application fees for the memorial.  This requires a journal from Council’s donations budget to the respective application fees.

 

 

CONSULTATION:

 

Council’s Business Services staff have requested authority to journal the application fees from Council’s donations budget.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The social implications of the Bowraville murders are well documented in the report by the Standing Committee on Law and Justice.

 

Economic

 

There are no economic implications.

 

Risk

 

In normal circumstances Council staff should not have processed a DA/CC application without the requisite fees being paid. 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The Council will be foregoing $819.90 in application fees.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

As indicated Council will be covering the overheads associated with the processing of the DA/CC application.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     16 July 2015

General Manager's Report

ITEM 9.5      SF1199            160715         Local Government NSW - Membership Subscription

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council has received its invoice for its membership subscription to Local Government NSW (LGNSW) for the 2015/2016 financial year.  LGNSW has increased Council’s subscription from $24,582 in 2014/15 to $28,338 in 2015/16.  This represents an increase of 15.2%.

 

The increase in Council’s subscription has been queried and following a response from LGNSW it is recommended that Council pay the invoice for the 2015/2016 subscription.

 

 

Recommendation:

 

That Council pay the tax invoice for LGNSW membership for 2015/2016 and thank LGNSW for its response to Council’s questions.

 

 

OPTIONS:

 

Council can elect to withdraw from Local Government NSW.

 

Council does receive a range of services from LG NSW and these are outlined in the first attachment.  The services which this Council mainly utilises are in industrial relations and workplace support, procurement and to a lesser extent the benefits of information exchange via newsletters and networking.  If Council was to withdraw from LG NSW it would lose access to these benefits.

 

 

DISCUSSION:

 

Council has received its invoice for its membership subscription to Local Government NSW (LGNSW) for the 2015/2016 financial year.  LGNSW has increased Council’s subscription from $24,582 in 2014/15 to $28,338 in 2015/16.  This represents an increase of 15.2%.  A copy of the invoice and the explanation for the increase is attached.

 

In summary the reason provided for the increase is that the Board recently conducted a review of the way in which subscriptions were calculated and found that there were some inequities with some councils of equivalent size paying different amounts.  The Board has adopted a new fee calculation model that has three components being a flat base component (40% of the total subscription divided by the number of councils); a stepped population-base component (which decreases as population increases), and a stepped expenditure based component (which decreases as expenditure increases).

 

The Board also decided that LGNSW would absorb the fee increases for one year for 20 rural councils which they considered had the least capacity to pay.  For these councils, fee increases arising from the new model will not be applied until 2016/17.

 

Given the quantum of the increase a series of questions were put to LGNSW.  A copy of the letter is attached.  Information was sought on the total revenue increase sought by LGNSW from all councils; the names of the twenty councils whose increase in subscriptions was deferred; the councils which benefitted from a reduction in their membership subscriptions and any further justification for the 15.2% increase in this Council’s subscription.

 

LGNSW has now responded to Council’s queries.  A copy of their response is the third attachment.  The response is self-explanatory and provides detailed answers to Council’s letter as well as providing further background to the review of the fee formula.  Given the answers and explanation it is recommended that Council pay its 2015/2016 subscription.

 

However more generally with the foreshadowed rollout of Joint Organisations in September 2016 and their associated operating costs, Council will need to carefully scrutinize its ongoing subscriptions to organisations like LGNSW.  Depending upon the content of the legislation which enables the Joint Organisations and the wishes of the constituent councils it is certain that they will require a secretariat which will need to be collectively funded by the councils.  Given Council’s financial planning imperative to be “Fit for the Future” it will be challenging to identify how this Council’s share of the JO will be financed.

 

 

CONSULTATION:

 

There has been consultation with LGNSW.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The risks are discussed under the options heading.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The additional contribution will cost Council an additional $3,756 in the 2015/16 financial year.

 

Source of fund and any variance to working funds

 

The additional contribution will need to be met from working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level changes proposed.

 

Attachments:

1

18744/2015 - LGNSW tax invoice

 

2

19588/2015 - Queries about subscription increase

 

3

20349/2015 - Response to Council's letter

 

  


Ordinary Council Meeting - 16 July 2015

Local Government NSW - Membership Subscription

 




Ordinary Council Meeting - 16 July 2015

Local Government NSW - Membership Subscription

 

Enquiries to:       Mr Michael Coulter

Phone:              02) 6568 0200

Email:                michael.coulter@nambucca.nsw.gov.au

Mobile:              0409 153 788

Our Ref:            SF1199

 

 

 

1 July 2015

 

 

 

Ms Donna Rygate

Chief Executive

Local Government NSW

GPO Box 7003

SYDNEY   NSW   2000

 

Dear Ms Rygate

 

NAMBUCCA SHIRE COUNCIL—MEMBER SUBSCRIPTION FOR 2015/16

 

Reference is made to your letter and invoice dated 22 June 2015 concerning our membership subscription 2015/16. 

 

I note that it has been determined to increase Council’s subscription from $24,582 in 2014/15 to $28,338 in 2015/16.  This represents an increase of 15.2%.

 

I also note that the Board has decided that LGNSW will absorb (through internal savings) the fee increases for one year for 20 rural councils with the least capacity to pay.  For these councils, fee increases arising from the new model will not be applied until 2016/17.

 

Your letter does not indicate how you determined the 20 rural councils with the least capacity to pay.  I note that from the Local Government comparative data for the 2013/14 financial year that the Nambucca Local Government area had a socio-economic index rating of 9 out of 152 councils with 1 being assessed as the most disadvantaged.  According to this assessment of disadvantage my expectation is that we should have featured in the 20 rural councils which had a year’s grace from the fee increase.

 

With the foreshadowed rollout of joint organisations in September 2016 and their associated operating costs, Nambucca Shire Council will need to carefully scrutinize its ongoing subscriptions to organisations such as LGNSW.  

 

Prior to considering payment of the submitted tax invoice, Council seeks the following information:

 

·    Total LGNSW membership subscriptions for 2014/15 compared to 2015/16 ie what was the overall increase in revenue

·    The names of the twenty rural councils whose increase in membership subscriptions have been deferred until 2016/17


 

2

Ms Donna Rygate

1 July 2015

 

 

·    The names of any councils which will benefit from a reduction in their membership subscriptions between 2014/15 and 2015/16

·    Any other justification as to why a council whose community is assessed as being the ninth most disadvantaged in NSW should be obliged to pay an increase in its membership subscription of 15.2% when our approved special rate variation for 2015/16 only provides for a 5% increase in revenue.

 

I appreciate your acknowledgement that the Board considers it critical that fees are charged in a way that is transparent, equitable, easy to understand and consistent.  I believe our queries are consistent with this philosophy.

 

Yours faithfully

 

 

 

 

Michael Coulter

GENERAL MANAGER

 

MAC:ms


Ordinary Council Meeting - 16 July 2015

Local Government NSW - Membership Subscription

 




Ordinary Council Meeting                                                                                                     16 July 2015

General Manager's Report

ITEM 9.6      SF265              160715         Policy review - Companion animals

 

AUTHOR/ENQUIRIES:    Paul Guy, Manager Development and Environment         

 

Summary:

 

A request and submissions from people within the Valla community with respect to the provision of an off leash area in the vicinity of Lions Park and Deep Creek have been received by Council which has pre-empted the review of the current policy – Companion animals.  In doing so additional off leash areas are offered for consideration for Bowraville.

 

 

Recommendation:

 

That Councillors provide any comments on the draft policy within 14 days, after which it will be placed on public exhibition (if no comments are received) or reported back to Council prior to exhibition (if comments are received).

 

 

OPTIONS:

 

Councillors can make contributions to the proposed policy as they see fit.

 

 

DISCUSSION:

 

A letter and petition has been received requesting council consideration to providing an off leash in a flat grassed location such as Lion Park with the following reasons:

 

-         Many elderly dog owners find it difficult to physically negotiate beach areas

-         Local vets advise that sandy areas are harmful to the ligament joints in dogs (Note - not substantiated with vets)

-         Assist holiday makers and tourist park residents with dogs in having the use of an exercise area close to their place of accommodation ( A letter of support has been submitted by Valla Resort)

-        

The area south of the drainage channel on Lions Park is considered appropriate

 

Council should note the efforts of Council’s Ranger in educating the community and the staggered delivery of service on weekends which has seen the prevention of use of areas where dogs are not permitted, especially south Valla Beach and the Deep creek entrance area which has been the subject of complaint to Council and another reason for the motivation to provide the additional leash free area.

 

In considering the proposal Council’s officers have reviewed the Companion Animal Policy and:

 

-     Removed material which is legislated

-     Refined the document

-     Added the Stuart Island and proposed Valla off leash areas

-     Gave consideration to an off leash area in Bowraville a matter which has been raised in the past. The area considered is across the bridge from council’s reserve in Cook Street (High St) Bowraville which makes it a handy area for users of the reserve. The allotments (lot 18 or 20 DP 253386) both zoned RE1 are being investigated as  suitable unrestrained sites. (Plan attached)

 

 

CONSULTATION:

 

Consultation will occur when the community is engaged by advertising proposal.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

With respect to the area in Valla Beach (Dog waste bags and disposal bins are in place at the footbridge and the same would be implemented in Bowraville.

 

The development of designated off leash areas further assists in controlling the negative aspects on companion animals on the environment.

 

Social

 

Positive social outcomes and less antagonism with non-dog owners use of beach and swimming areas.

 

Economic

 

If the Bowraville area is introduced the service point for waste bins and dog bags could be in the existing serviced reserve. Some fencing may be required to designate the area.

 

Risk

 

Reduces risk and instils confidence in the community that all user groups are being considered.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Some fencing or area demarcation required at Bowraville at minimal cost

 

Source of fund and any variance to working funds

 

General fund – companion animals

 

Service level changes and resourcing/staff implications

 

Nil

Attachments:

1

11014/2007 - DEP - POLICY - Companion Animals - Control of Dogs and Cats

 

  


Ordinary Council Meeting - 16 July 2015

Policy review - Companion animals

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

 

COMPANION ANIMALS

ON-LEASH AND OFF-LEASH POLICY

 

 

Responsibility:

DEVELOPMENT & ENVIRONMENT

 

 

Adopted: 7 NOVEMBER 1996

Reviewed: 1 JULY 2004

20 NOVEMBER 2008

Last Reviewed: 16 JULY 2015

 

1.0     Policy objective

 

To maintain harmony between the owners of companion animals, other community members, the Council, Council’s staff, RSPCA and rescue groups.

 

2.0     Related legislation

 

Local Government Act 1993

Companion Animals Act 1998

Impounding Act 1993

 

3.0       Definitions

 

As defined in the above Acts.

 

4.0     Policy statement

 

This policy relates to all companion animals that are identified in accordance with the requirements of the Companion Animals Act 1998 and associated Regulations. The Act provides Council with a range of powers and responsibilities with regard to companion animals.

 

This policy is empowered by that Legislation to enable Council to ensure that companion animals and their owners coexist with other members of the community.

 

1        Dogs are prohibited in some public places (whether or not they are leashed or otherwise controlled). These are as follows:

 

a        As per the Companion Animals Act 1998, Section 14 (1-8), dogs are prohibited in the following places:

 

(i)      Children’s play areas (meaning any public place, or part of a public place, that is within 10 metres of any playing apparatus provided in that public place or part for the use of children); and

(ii)      Food preparation/consumption areas (meaning any public place, or part of a public place, that is within 10 metres of any apparatus provided in that public place or part for the preparation of food for human consumption or for the consumption of food by humans); and

(iii)     Recreation areas where dogs are prohibited (meaning any public place, or part of a public place, provided or set apart by a local authority for public recreation or the playing of organised games and in which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place or part); and

(iv)    Public bathing areas where dogs are prohibited (meaning any public place or any part of a public place that is used for or in conjunction with public bathing or public recreation (including a beach), in which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place); and

(v)     School grounds (meaning any property occupied or used for a purpose connected with the conduct of a government school or non- government school under the Education Act 1990, other than any property used for a residence or the curtilage of a residence); and

(vi)    Child care centres (meaning any property occupied or used for a purpose connected with the conduct of an approved education and care service within the meaning of the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011, other than any property used for a residence or the curtilage of a residence); and

(vii)    Shopping areas where dogs are prohibited (meaning a shopping arcade or shopping complex, including any part of it that is used by the public for parking or access to shops, in which or part of which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited there). This paragraph does not apply to any shop or part of a shop; and

(viii)   Wildlife protection areas (meaning any public place or any part of a public place set apart by the local authority for the protection of wildlife and in which the local authority has ordered that dogs are prohibited for the purposes of the protection of wildlife and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place).

 

In relation to points (iii) and (iv) above, Nambucca Shire Council has prohibited dogs in the following places. Please note that dogs are prohibited from all children’s play areas (point (i) above), whether or not they are listed below:

 

McKay’s Park - Bowraville

Main Beach – Nambucca Heads (except at times stated in section 3b)

Bellwood Park and Reserve – Nambucca Heads

Beilby’s Beach – Nambucca Heads

Shelly Beach – Nambucca Heads

V-Wall Beach – Nambucca Heads

V-Wall River Beach and Park – Nambucca Heads

Wellington Beach – Nambucca Heads

North Valla Beach – Valla Beach (except at times stated in section 3a)

South Valla Beach and Deep Creek Inlet, - Valla Beach

Deep Creek, North of the foot bridge to the creek outlet

Scotts Head Camping Reserve and Road to Headland Car Park

Forsters Beach (Main Beach) – Scotts Head, (except at times stated in section 3c)

Little Beach – Scotts Head

 

          The only exceptions to the list above are noted below.

 


 

2        Dogs are permitted on certain beaches and reserves as follows at all times:

 

Off-leash Areas

 

a        Nambucca Heads - from Swimming Creek beach access northwards to the walk bridge access to the beach from the public reserve adjoining Valla Park Resort; and

b        North Valla Beach - from the access path off the car park on the northern end of Cockburn Street (4WD access) to the northern boundary of the Shire; and

c        Scotts Head - from the Christian Youth Centre beach access path on Banksia Crescent northwards. (Below the mean high water mark as defined and administered by National Parks and Wildlife); and

d        The northern end of Stuart Island as an off-leash area on the Crown Land Reserve - dogs are not permitted to chase the wildlife within the inter-tidal zone; and

e        Valla Beach Lions reserve (South of the unformed drain).

 

3        Dogs are also permitted on the following beaches and reserves before 9.00 am and after 6.00 pm:

 

On–Leash Only

 

a        North Valla Beach – from the timber walkway on the north side of the headland to the access path referred to in 2(b); and

b        Nambucca Heads Main Beach - from the northern end of the main beach car park northward to Swimming Creek beach access; and

c        Forsters Beach (Main beach) – Scotts Head from the Southern main beach car to Banksia Crescent; and

d        Boulton’s Crossing Reserve – Gumma.

 

4        Owners who take companion animals onto permitted beaches, reserves and designated off-leash area must have their animals under effective control at all time and remove and dispose of all faeces.

 

5        Under Section14A (1-6) of the Companion Animals Act, dogs (other than a dangerous, menacing or restricted dog) are not prohibited from outdoor dining areas in the following circumstances:

 

(a)     the dog is under the effective control of some competent person and is restrained by means of an adequate chain, cord or leash that is attached to the dog, and

(b)     the person does not feed the dog or permit the dog to be fed, and

(c)     the dog is kept on the ground.

 

However, if the outdoor dining area is within a public place declared by a local authority to be an off-leash area:

 

(a)     it is not necessary for the dog to be restrained by means of a chain, cord or leash, and

(b)     the dog can be fed while the dog is on the ground, but not using any apparatus provided for the consumption of food by humans, and

(c)     the dog can sit on a person’s lap, but must not be allowed to sit on any table or chairs or make contact with other apparatus provided for the consumption of food by humans.

 

6        An authorised officer, who reasonably suspects a person of having committed an offence against the Companion Animals Act or the regulations, may require the person to state his or her full name and residential address. A person must not fail to comply with a requirement under this section or in purported compliance with such a requirement, furnish a name that is not his or her name or an address that is not his or her residential address.

 

7        The following are some of the on-the-spot fines (as at July 2015 and may vary from time to time) that may be imposed by authorised Council Officers for offences against the Companion Animals Act:

 

OFFENCE

ON-THE-SPOT FINE

Animal not permanently identified (microchipped)

$165*

Animal not lifetime registered

$275*

Owner of dog not under control in Public place

$220*

Dog not identified with a collar & tag

$165*

Sell animal not permanently identified

$165*

Dog in prohibited place

$330*

Fail to remove dog faeces

$275

Not notify change in registration/identification

$165*

Fail to state full name/residential address

$165

Furnish false name/residential address

$275*

Owner of Dangerous/restricted/menacing dog in Public place

$1760

 

          *(Significantly higher penalties apply for a dangerous or restricted dog)

 

Example: A dog is walking with its owner on a beach prohibited to dogs, and faeces have not been removed. An on-the-spot fine $605.00 applies.

 

 

 

 

 


Ordinary Council Meeting                                                                                                     16 July 2015

General Manager's Report

ITEM 9.7      SF2037            160715         Minutes of the Nambucca Shire Council Access Committee meeting held 26 May 2015

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 26 May 2015 are attached for Council’s endorsement. 

 

There are no formal recommendations requiring Council’s attention.

 

 

Recommendation:

 

That Council note the Committee’s ongoing discussions regarding issues to be considered in developing the Disability Inclusion Action Plan and that the minutes of the Nambucca Shire Council Access Committee meeting be endorsed.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

Nothing required. 

 

 

CONSULTATION:

 

Nothing required

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Nothing identified

 

Economic

 

Nothing identified

 

Risk

 

Nothing identified

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are is impact on budgets resulting from this report.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nothing identified

 

Attachments:

1

14385/2015 - Minutes - Access Committee - 26 May 2015

 

  


Ordinary Council Meeting - 16 July 2015

Minutes of the Nambucca Shire Council Access Committee meeting held 26 May 2015

 

PRESENT

 

Cr E South (Chairperson)

Mr Les Small

Mr Peter Shales

Ms Margaret Hutchinson

Cr A Smyth

Dr Dorothy Secomb

Ms Coral Hutchinson

Ms Alba Sky

 

 

APOLOGIES

 

Mrs Shirley Holmes

Mr Keith Davis

Ms Lee-anne Funnell

Ms Lyndel Bosman (Guide Dogs)

Ms Jenny Adams

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 3.1      SF2037              260515      Confirmation of the Minutes of the Previous Meeting held 28 April 2015

Recommendation: (SKY/SMALL)

 

That the Committee confirm the minutes of the meeting held 28 April 2015 with an alteration that Mr Peter Shales was an apology for the meeting and was not in attendance.

 

 

 

 

ITEM 3.2      SF2037              260515      Business Arising from Previous Meeting held 28 April 2015

Recommendation:

 

That the matters arising be noted.

 

 

 

 

ITEM 3.3      SF2037              260515      Correspondence to the Access Committee meeting 26 May 2015

Recommendation:

 

The correspondence was noted, with the Committee deciding to consider attending the Living Well Expo in 19 August 2015, particularly due to the inclusion in the program of a briefing on the National Disability Insurance Scheme.

 

 

ITEM 3.4      SF2037              260515      Report on General Business to the Access Committee 26 May 2015

Recommendation:

 

The Committee discussed the next part of the Disability Action Inclusion Plan being “the creation of liveable communities for people with a disability”.

 

 

   

NEXT MEETING DATE

 

The next meeting will be held on 28 July 2015 commencing at 2.00pm.

CLOSURE

There being no further business the Chairperson then closed the meeting the time being 3.45 pm. 

………………………………

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                     16 July 2015

General Manager's Report

ITEM 9.8      SF2037            160715         Minutes of the Nambucca Shire Council Access Committee meeting held 23 June 2015

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 23 June 2015 are attached for Council’s endorsement. 

 

There are no formal recommendations requiring Council’s attention.

 

 

Recommendation:

 

That Council note the Committee’s ongoing discussions regarding issues to be considered in developing the Disability Inclusion Action Plan and that the minutes of the Nambucca Shire Council Access Committee meeting held 23 June 2015 be endorsed.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

Nothing required. 

 

 

CONSULTATION:

 

Nothing required

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Nothing identified

 

Economic

 

Nothing identified

 

Risk

 

Nothing identified

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are is impact on budgets resulting from this report.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nothing identified

 

Attachments:

1

16951/2015 - Minutes - Access Committee - 23 June 2015

 

  


Ordinary Council Meeting - 16 July 2015

Minutes of the Nambucca Shire Council Access Committee meeting held 23 June 2015

 

PRESENT

 

Cr E South (Chairperson)

 

Ms Lee-anne Funnell

Ms Naj Hadzic

Ms Alba Sky

Ms Margaret Hutchinson

Mr Les Small

Dr Dorothy Secomb

Ms Coral Hutchinson (arrived at 3pm)

Mr Keith Davis

 

 

APOLOGIES

 

Ms Jenny Adams

Cr A Smyth

Ms Janet Pope

 

 

 

Assistant General Manager Corporate Services Report

ITEM 3.1      SF2037              230615      Confirmation of the Minutes of the Previous Meeting held 26 May 2015

RESOLVED: (secomb/small)

 

That the Committee confirm the minutes of the meeting held 26 May 2015.

 

 

 

ITEM 3.2      SF2037              230615      Business Arising from Previous Meeting held 26 May 2015

RESOLVED:

 

The following matters arising were noted:

·      Living Well Expo, 19 August at Coffs Harbour – the Committee will decide at its July meeting whether to attend.

·      Feedback from Councillor Smyth regarding the access crossing at Woolworths in Nambucca Heads.  Walking the site may be warranted.

 

 

 

ITEM 3.3      SF2037              230615      Correspondence to the Access Committee meeting 23 June 2015

Recommendation:

 

The correspondence was noted with the addition of the DAISI Link newsletter.

 

 

 

ITEM 3.4      SF2037              230615      Report on General Business to the Access Committee 23 June 2015

Recommendation:

 

The Committee noted that the toilets at the Visitor Information Centre have been listed on the Public Toilet Map under the Spinal Cord Injuries Australia (SCIA) project.  Alba Sky reported that a number of Bowraville toilets, including those at Phoenix, have been added as well.

The Committee discussed the next part of the Disability Action Inclusion Plan: supporting access to meaningful employment. 

 

   

 

NEXT MEETING DATE

 

The next meeting will be held on 28 July 2015 commencing at 2.00pm.  It was noted that Dorothy Secomb will be an apology.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.15 pm. 

 

 

 

………………………………

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                     16 July 2015

General Manager's Report

ITEM 9.9      SF2038            160715         Outstanding DA's greater than 12 months,
applications where submissions received
not determined from 18 June 2015 to 8 July 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

2015/048

08/04/15

Residential Additions

Lot 412 DP 611276, 7 Ocean St, 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

2015/066

27/05/2015

Depot

Lot 10 Section 1 DP 758085, 32 Pacific Highway, Nambucca Heads

SUBMISSIONS RECEIVED/STAFF COMMENTS

Three public submissions has been received. All oppose the proposal

 

·        The development has already commenced without Council approval

·        The containers in the back yard should be painted or moved as they are an eyesore and lower the value of adjoining properties

·        Back gate is often open during the day and the back yard is very untidy and messy

·        Trucks and other vehicles enter the property from Mumbler Street, damaging the kerb and gutter and vacant land

·        The front driveway is shared with another property – who will maintain this?

·        Cars are often parked across the footpath, cycleway and grass verge of the highway which creates a safety concern for neighbouring properties and those using the footpath and cycleway.

·        There are ongoing discussions between a local Aboriginal family and the Nambucca Heads Local Aboriginal Land Council concerning an adjoining property with which the family has cultural and heritage links.

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/067

27/05/2015

Two Lot Subdivision

Lot 10 DP 584683, 9 Richards Road, Newee Creek

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the development

·        The development would further contribute to a dust problem, therefore Newee Creek Road should be sealed from the end of the current bitumen to the furthest edge of the proposed subdivision.

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     16 July 2015

General Manager's Report

ITEM 9.10    SF1148            160715         Council Ranger's Report June 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 June 2015.

 

 

Recommendation:

 

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

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

1

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

1

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

16

Abandoned or Stray

1

9

Surrendered

0

2

Animals transferred from Seizure Activities

0

1

Total Incoming Animals

1

28

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

0

Sold

1

6

Released to Organisations for Rehoming

0

2

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

3

Due to Illness, Disease or Injury

0

0

Feral/infant animal

0

0

Unsuitable for rehoming

0

8

Unable to be rehomed

0

2

Total Euthanased

0

14

Total Outgoing Animals

0

22

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

2

6

 

1        The number of animals euthanized is up;

2        A large number of dogs were surrendered by owners, as a result of dog attacks; and

A number of dogs, when being assessed, were found to be aggressive, which makes them unsuitable for rehousing.

 

June 2015

PARKING & OTHER

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

YBM-554

3106927322

Bus Zone (School Zone)

311.00

5/06/2015

BL-21-AQ

3106927331

Bus Zone (School Zone)

311.00

5/06/2015

RC-7476

3106927340

No Stopping (School Zone)

311.00

5/06/2015

BXA-03G

3106927350

No Parking

104.00

24/06/2015

DAI-57S

3106927369

Loading Zone

173.00

24/06/2015

730-DBX

3106927378

Loading Zone

173.00

24/06/2015

AK-41-VK

3106927387

No Parking

104.00

24/06/2015

WMX-137

3106927396

Fail to comply notice p/place

110.00

24/06/2015

ACD-87A

3106927405

Bus Zone (School Zone)

311.00

24/06/2015

631-TXH

3106927414

No angle park as on parking control sign

104.00

24/06/2015

BV-33-CZ

3106927423

No angle park as on parking control sign

104.00

24/06/2015

CC-87-SK

3106927432

Loading Zone

173.00

24/06/2015

QMS-463

3106927441

No angle park as on parking control sign

104.00

24/06/2015

XXN-530

3106927450

No Stopping

242.00

24/06/2015

BGL-79G

3106927460

No Stopping

242.00

24/06/2015

UYZ-157

3106927479

No angle park as on parking control sign

104.00

24/06/2015

VYE-405

3106927488

No angle park as on parking control sign

104.00

24/06/2015

ADK-04E

3106927488

No angle park as on parking control sign

104.00

24/06/2015

AU-59-GH

3106927524

No park in direction of travel

173.00

24/06/2015

YLP-510

3106927524

No angle park as on parking control sign

104.00

24/06/2015

CSG-26R

3106927542

No Stopping

242.00

24/06/2015

963-LPN

3106927551

No Stopping

242.00

24/06/2015

 

 

TOTAL:

3950.00

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     16 July 2015

General Manager's Report

ITEM 9.11    SF2038            160715         2015 June - Development and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

“That Council endorse the method of reporting Construction and Complying Development Certificates as presented to the 16 January 2014 meeting and further that the General Manager investigates the possibility of reporting Development Applications lodged in previous month.”

 

Attached is a list of Development Applications and Complying Development Applications received in June 2015 as at 8 July 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

20657/2015 - DAs and Complying Development Applications - June 2015

 

  


Ordinary Council Meeting - 16 July 2015

2015 June - Development and Complying Development Applications Received

 




Ordinary Council Meeting                                                                                                     16 July 2015

General Manager's Report

ITEM 9.12    SF2038            160715         2015 June - Construction And Complying Development Certificates Approved

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of June 2015 as at 8 July 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

20662/2015 - Construction and Complying Development Applications Approved - June 2015

 

  


Ordinary Council Meeting - 16 July 2015

2015 June - Construction And Complying Development Certificates Approved

 



 


Ordinary Council Meeting                                                                                                     16 July 2015

Corporate Services

ITEM 10.1    SF1120            160715         Grant Application Status Report

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

This report provides an overview of grant applications and their status for the previous quarter.

 

 

RecommendationS:

 

That the list of grant applications and their status to 30 June 2015 be received.

 

 

 

Successful grant applications (ACTIVE PROJECTS):

 

Grant and date of approval

Funding Amount

Amount Council

Description

OEH Coastal Management Grant

Closed 20 February 2013

$55,000

$55,000 (Enviro Levy)

Stage 2 – Beaches Access ways program extension

OEH Floodplain Management Grant

Closed 21 March 2013

$90,000

$45,000

(Enviro  Levy)

Develop Flood plain management study and plan for Nambucca River and Deep Creek.

Crown Lands

Public Reserves Management Fund

Closed 3 May 2013

 

$111,000

$10,000 (Reserve funds)

Renovation and other associated works at Boulton’s Crossing Reserve

Department Sport and Recreation Macksville Skate Park

Closed 30 October 2013

$25,000

$200,000

some in kind,

s.94 funds

Redevelopment of skate park to higher standard.

ClubGRANTS 13/14

Macksville Fun and Fitness Precinct

Closed 10 April 2014

$975,565

$163,000

($63k – s.94, $53k internal Council reserve for MMAC, $ – working funds)

Creation of Macksville Fun and Fitness Precinct with recreation room extension, skate park upgrade, lighting, fitness trails, and signage/bollards/landscaping

NEOC training facilities

Closed 18 October 2013

 

$20,060 but received $10,084

$4,600 (in-kind)

Purchase and installation of training equipment at NEOC

LIRS 3

Closed 31 December 2013

 

Up to $332,673 subsidy

NA

Bridges program III

OEH Coastal Management Grant

Closed 13 March 2014

 

$91,000

$91,000 (EL)

Nambucca Heads SLSC Protection Works

OEH Estuary Management Grant

Closed 13 March 2014

 

$50,000

$50,000 (EL)

Stuart Island estuary health improvement (rock revetment, fillets, reef balls, revegetation)

NSW Seniors Week

Closed 19 September 2014

 

$3,450

$6,520 (in-kind)

Seniors’ workshops and intergenerational celebration/gathering

Environmental Trust Restoration and Rehabilitation Grant

Closed 19 September 2014

 

$86,160

$23,060 (in-kind)

Protection of two endangered populations and treatment of Wakki Beach, Scotts Head and bush track


 

GRANT AND DATE OF APPROVAL

FUNDING AMOUNT

AMOUNT COUNCIL

DESCRIPTION

Land and Property Information – Crown Lands

PRMF

Closed 1 October 2014

 

$30,000

$3,000 (in-kind)

Construction of footbridge – Nambucca Heads Reserve 88483 (off Parkes St)

Land and Property Information – Crown Lands

PRMF

Closed 1 October 2014

 

$53,467

$40,500 ($25k – EL, $11k Crown management funds, remainder in-kind)

Construction of walkway in reserve between Ocean Drive and Beach

Office of Local Government – Responsible Pet Ownership Program

Closed 3 October 2014

 

$15,000

 

$15,000

(DES and in-kind)

Desexing, microchipping and vaccination program delivered in partnership with local vets

Indigenous Advancement Strategy – Nambucca Valley Sport and Wellbeing Program

 

$154,442

NA

Two year program paying Ritchie Donovan’s salary for continuation of program

Department of Trade and Investment – Crown Lands

Rescuing Our Waterways

Closed 15 December 2014

$10,000

$10,000 (EL)

Shoaling Strategy/Study for the Lower Nambucca River Estuary

 

 

SUCCESSFUL APPLICATIONS IN THIS QUARTER:

 

Grant and Date of Notice

Amount

Amount - Council

Description

Primary Industries – Fish Habitat Action Grant

Closed 19 September 2014

 

$40,000

$35,000 (EL)

200m of bank stabilisation and habitat creation on land in the Nambucca River Wilson Road Macksville in partnership with OEH, Fisheries, Landcare and RMS

Department of Infrastructure and Regional Development National Stronger Regions Fund

Closed 28 November 2014

 

$241,340

$241,340

South Nambucca Sewerage Infrastructure Installation

FRRR – Repair, Restore, Renew 2013

Closed February 2015

 

$3,098

N/A

Train Up – Essential Equipment for Volunteer Training

Office of Environment and Heritage – Local Government Heritage Program - Advisor

 

$7,500

$7500 (TBC)

Provision of Heritage Advisory Services

Office of Environment and Heritage – Local Government Heritage Program - Places

$7,000

$7000 (TBC)

Provision of funding for Council’s small grants local heritage funds

Transport for NSW – Community Transport

 

$12,000

In-kind only

Young people’s awareness raising/skills sessions using public transport

Total

$2,403,779

 

 


Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

Office of Environment and Heritage Estuary Management

Closed 12 March 2015

$25,000

$25,000 (EL)

Dawkins Creek to Nambucca River Riparian management plan

Office of Environment and Heritage Estuary Management

Closed 12 March 2015

$50,000

$50,000 (EL)

 

Nambucca River – Bank Stabilisation and Restoration

Office of Environment and Heritage Coastal Management

Closed 12 March 2015

$82,150

$32,150 (EL)

$50,000 (Local Land Services)

 

Nambucca EcoHealth Monitoring Program

Office of Environment and Heritage Coastal Management

Closed 12 March 2015

$85,000

$50,000 (EL)

$25,000 (NSW Coastal Holiday Parks Trust)

$10,000 (Local Lands Services)

 

Scotts Head Headland Coastal Hazard Reduction

Office of Environment and Heritage Coastal Management

Closed 12 March 2015

$10,000

$10,000 (EL)

$10,000 (Local Land Services)

 

Valla Crown Reserve (Valla Beach) Endangered Ecological Community Restoration – Weed management and revegetation

 

Crown Lands

Public Reserves Management Fund

Closed 10 April 2015

$29,040

NA

Weeds on Crown Reserves 2015

Royal Australian Historical Society

Closed 23 June 2015

$5,000

$240

Publication of Council’s Centenary History

 

 

Unsuccessful applications in this period:

 

Funding Body

Amount

Amount - Council

Project Name

RMS – Pedestrian and Cycleway Infrastructure

Closed 12 December 2014

+$2m

 

NA

1. Next stage Nambucca Heads to Macksville Cycleway 2. Macksville Bridge Widen Path for Cycleway 3. Nambucca River Boardwalk at RSL Widen to Cycleway 4.  Valla Beach Walkway between town and beach 5. Pedestrian infrastructure on Riverside Drive 6. School Crossing on Centenary Parade 7. Adam St. Walkway from Bowraville centre to oval.

 

Notes

 

Community Groups assisted:

Macksville RSL Sub-branch – War Memorial Relocation

Ritchie Donovan – lawn mower and line marker AMP Tomorrow Fund

 

Successful Community Group Grants

Bowraville Junior Football League – NSW Footy Funding January 2015 of $27,492 for extension of Hennessey Tape Oval.

Macksville Gift - DSR Sport and Recreation Events Grant January 2015 for $1900 to assist in some of the costs of running the event such as security, waste management, grounds preparation, etc.

 

We gained a successful variation for additional $54,600 for completion of Gumma Wetlands project, bringing project total to $134,600.

 

We will receive an additional $77,000 to fund a two-year Sports and Healthy Wellbeing Program (Ritchie Donovan).

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     16 July 2015

Assistant General Manager Corporate Services Report

ITEM 10.2    SF25                160715         Donations Program (Section 356) 2015/2016 -
Late 2015/2016 application and two requests for donations

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

A late application to Council’s Donations Program 2015/206 has been submitted by Scotts Head Sports Field Committee of Management (CoM) with the explanation that Council’s original call for applications was misplaced and overlooked.  The CoM’s late application was accepted by the General Manager and is recommended for funding as the request for line marking paint is essential in the use of the Buz Brazel Oval for athletics and other sporting events.

 

The Nambucca Valley Garden Club was a successful applicant in the current round, but has requested a further $388.03 to meet a funding shortfall between their original application and actual expenditure on marketing materials for the Garden Gala Day.  This amount is recommended for funding as the beneficiary of the money they raise is Macksville Hospital.

 

The Bowraville Central School has requested some level of financial support to meet the cost of sending two students to a Parliament House Conference.  An amount of $100 per student is recommended.

 

The CoM application is attached.

 

 

RecommendationS:

 

That Council approves:

 

1          An amount of $1200 to Scotts Head Sports Field Committee of Management.

 

2        An amount of $388.03 (additional to the $1800 already approved) to the Nambucca Valley Garden Club.

 

3        An amount of $200 to Bowraville Central School.

 

 

OPTIONS:

 

That Council do not endorse some or all of the above recommendations.

 

 

DISCUSSION

 

There is no discussion required for this item.

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts associated with this report.

 

Social

 

There are positive social benefits associated with the donation of money to various community groups throughout the Nambucca Shire.

 

Economic

 

There are no economic impacts associated with this report.

 

Risk

 

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

With the addition of this expenditure, the 2015/2016 Donations Allocation will total $13,038.03 from a total allocation of $15,000.

 

Source of fund and any variance to working funds

 

General ledger funds as established by Council.

 

Service level changes and resourcing/staff implications

 

No change or implications.

 

Attachments:

1

18652/2015 - Scotts Head Sports Field CoM Application

 

  


Ordinary Council Meeting - 16 July 2015

Donations Program (Section 356) 2015/2016 -

Late 2015/2016 application and two requests for donations

 

Description: Nambucca Logo with name HIGH RES_small

COUNCIL DONATION PROGRAM PROJECT APPLICATION FORM

to be submitted by 4:00pm THURSDAY 26 MARCH 2015

Submissions to the General Manager Nambucca Shire Council:

council@nambucca.nsw.gov.au or

Nambucca Shire Council

PO BOX 177

Macksville NSW 2447

 

Project Title:

Promotion of Buz Brazel Park Sports Facility:                       Line Marking

 

 

Name of your incorporated not-for-profit organisation:

 

If unincorporated, the name of your nominated auspicing body:

 

                     Scotts Head Sports Field Committee of Management and Promotion

 

 

Project Coordinator/Contact Person

 

Name: Allan Turner

 

Address: 28 Waratah Street, Scotts Head 2447

 

Email: ajmaturn@gmail.com

 

Phone: 0429 830 813

 

 

 

Project Location: Buz Brazel Park Scotts Head

 

Is the project on public land:   Yes    No                 Yes

 

Land Owner/Manager:                           Nambucca Shire Council

 

 

Proposed Start Date: July 2015

 

Proposed Completion Date:  June 2016

 

Projects must be completed within 12 months of signing the funding agreement.

 

Signature:

 

Date: 12/6/2015

 

Name: Allan Turner

 

Position: Correspondence Secretary

 

Organisation:

Scotts Head Sports Field Committee of Management and Promotion

 

 


THE FOLLOWING SECTION REQUIRES AN OUTLINE OF THE PROJECT TO BE UNDERTAKEN
(additional pages may be attached if required)

 

Please provide background information about your organisation including its purpose / mission.

The Scotts Head Sports Field Committee of Management and Promotion has developed and maintains, in association with partners, a sports field that encourages and supports individuals and groups in benefitting from the discipline of sport. The success of this over time is indicated by the weekly athletics training being conducted by volunteers, the increasing number of valley schools using the facility for carnivals, the regular lifestyle and leadership camps conducted and the attraction of regional cricket and rugby league development programs. 2015 will also see the Little Athletics Zone Carnival conducted in Scotts Head.

The Scotts Head Sports Field Committee of Management and Promotion also supports the Nambucca Sports and Well-being Facilitation Program conducted by Ritchie Donovan. Ritchie uses the facility as the hub of his program and is actively involved in field development and maintenance, especially with regular mowing and line-marking.

The Scotts Head Sports Field Committee of Management and Promotion works in close association with the Nambucca Shire Council and now incorporates the Scotts Head Junior Sports Club. This association has existed for over two decades and has involved the committee in overseeing financial arrangements for the ongoing development of the field and the provision of resources. Transparency and recognised transactional practices are considered paramount.

 

Does the organisation have any outstanding acquittals or project work to be completed?   Yes      No         No

 

Please list reports and acquittals to be completed:

 

Please list project works to be completed:

 

 Project Description (max 100 words)

This committee uses the donation for the purchase of approved line-marking paint for marking out the athletics, cricket, soccer and rugby league fields. The lines requires periodic touch-up, all carried out by volunteers utilising equipment purchased through Sport and Recreation funding. The lines have impact on the presentation of the facility often acknowledged as contributing to the commitment and achievements of the sports people enjoying the facility.

 

 

Please list the project objectives (what you are intending to attain or accomplish overall)

Objectives:

Maintain the appealing presentation of the sporting facility.

Given this, promote the use of the facility by other sports-people, community members and groups.

Have this use encourage further development of the facility.

Maintain the field so as to assist the Nambucca Valley Sports and Wellbeing Facilitator in achieving his mutually supportive objectives

Encourage use of the field and associated facilities by the newly formed Nambucca Valley Sports Academy.

 

 

Please describe how the project aligns with the Nambucca Community Strategic Plan 2023 and helps deliver services aligned with Council’s objectives.

Maintaining the lines is essential for promoting Buz Brazel Park as an athletics and sporting field for the local community and the Nambucca Valley. The many and varied events now being enjoyed by people of all ages (including tourists) attests to this. Besides athletics, cricket and rugby league development squads now conduct training camps. This success together with school carnivals, lifestyle and leadership camps addresses many of the priorities contained in the Shire Community Strategic Plan.

 Buz Brazel Park inspires health and well-being through sport promoting priorities such as Leadership, Nutrition, Connecting Communities, Social Inclusion, Engaging Youth, recognising the benefits of Cultural Diversity and the importance of Recreation and Culture (now incorporating a Yarning Circle).

 

 

Are any approvals required to complete the project? E.g. Development Application

Yes      No       No

If yes, please list approvals and authorising agent.  It is a requirement that pre-approvals are already in place or, at a minimum, a letter in-principle stating that approval will be given.

 

Is your organisation registered for GST?   Yes     No                      No

 

How much money are you requesting?

 

$1200

Is this GST Inclusive?

Yes      No  

 

Will funding be sought from other sources?   Yes      No                    No

If yes, please provide funding details in the table below

 

OTHER PROJECT FUNDING

Source

Amount

Approved

Other grants (please name)

NA

 

 

Yes     No 

Other cash contribution NA

 

Yes     No 

 

Ritchie starts MHS 17 year old race. High staff acknowledge the positive impact of the field’s presentation on the commitment and performance of their students.

 
 



Ordinary Council Meeting                                                                                                     16 July 2015

Assistant General Manager Corporate Services Report

ITEM 10.3    SF544              160715         Developer Contributions Plan Review: Adoption of Final Community Facilities and Public Open Space Plan

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

The public exhibition period for the review of the Community Facilities and Public Open Space Developer Contributions (CFPOS) Plan ended on 25 June 2015 and two submissions were received. The draft plan’s work schedule has been amended in response to these submissions. The final plan is presented here for Council’s adoption. It will come into effect from the date notification in the newspaper of public record, scheduled for 23 July 2015, assuming the recommendation is adopted by Council.

 

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

 

 

Recommendation:

 

That Council adopt the Final Community Facilities and Public Open Space Developer Contributions Plan and it becomes effective from 23 July 2015 following public notification in the Guardian News on that day.

 

 

OPTIONS:

 

That Council not accept the changes which have been incorporated in response to the submissions.

That Council not adopt the plan, however this would affect the collection of developer contributions and future expenditure on projects identified on the works schedule. 

 

 

DISCUSSION

 

Two submissions were received during the public exhibition period for the draft CFPOS plan. These submissions, attached, are summarised below with changes made to the plan in response to these submissions.

 

Submitter

Issue(s)

Response

Nambucca Heads Community Action Group

Support for Nambucca Entertainment Centre being prioritised.

 

 

Noted.

Need for extension at Nambucca Heads Library rather than Macksville Library.

Supported in principle, however CFPOS Strategy completed in early 2015 identified the opportunity to extend the Nambucca Heads Library in conjunction with an overall redevelopment of the Nambucca Entertainment Centre/Nambucca precinct. In its current configuration, it is not possible to extend the library. This larger project will need to be considered at a future review of the CFPOS Developer Contributions Plan. No change to works schedule.

Macksville Fun and Fitness Precinct Expenditure is excessive. Queries why Macksville, and a new project such as this has been prioritised.

 

Not supported. This project came about through a successful grant and the works that are included in the plan’s schedule enable the precinct to be brought up to a standard making it a fitness destination. When sources of funding other than Council funding becomes available these opportunities must be acted on so projects can take advantage of outside funding. No change to works schedule.

 

Funds budgeted for amenities should be brought forward and increased in amount.

Noted. Funding is available from this financial year to rebuild amenities and some projects are already underway. The funding amount was set in consultation with Engineering Services and meets that section’s requirements for the work that has been identified. No change to works schedule.

Bowraville Sports Ground Committee of Management and Bowraville Junior Rugby League Club

Hennessey/Tape Oval ought to be included in the works schedule, specifically car park expansion, amenities building upgrade or replacement.

Supported. In developing the works schedule, the physical nexus of population increase was considered and Bowraville, which is not expected to grow in size, was not included as a location for projects for that reason. However, the submission makes the case that an overall population increase in the Shire will put pressure on the popular Hennessey/Tape Oval facilities, and therefore there is a nexus between population growth and the need for improved facilities in this location. The works schedule has been changed, and the contributions rate has been changed to reflect this modification.

 

The above changes have been incorporated into the final CFPOS Plan. Other changes which have been made to the final plan are:

·      Change in contribution rate: With the addition of the Hennessey/Tape Oval project to the works schedule, the rate will be $705.33 per person, up from $689.10 per person.

·      Addition of the clause which excludes the payment of contributions for secondary dwellings, determined at Council’s meeting of 28 May 2015.

·      Reordering of works schedule so that projects appear in correct date order.

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts associated with this report.

 

Social

 

There are positive social impacts associated with the ability to provide community facilities and public open space for Nambucca Shire residents through the Developer Contributions framework.

 

Economic

 

There are no economic impacts associated with this report.

 

Risk

 

There are no risks associated with this project.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no direct or indirect impacts on current or future budgets.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels or resourcing/staff implications.

 

Attachments:

1

19863/2015 - Submissions

 

2

20288/2015 - Final for Approval

 

  


Ordinary Council Meeting - 16 July 2015

Developer Contributions Plan Review: Adoption of Final Community Facilities and Public Open Space Plan

 





Ordinary Council Meeting - 16 July 2015

Developer Contributions Plan Review: Adoption of Final Community Facilities and Public Open Space Plan

 

 

 

 

 

 

 

 

 

 

THE NAMBUCCA SHIRE

COMMUNITY FACILITIES AND OPEN SPACE

DEVELOPER CONTRIBUTION PLAN 2008

 

 

 

 

 

 

 

 

 

 

 

SF544 (Trim 9840/2015)



Plan Version

 

Version

Adopted

Commenced

Notes

V.5

XXXXXX

XXXXXX

V.2-V.4 updates were changes to work schedules. This is the first full review of V.1.

 

 

 

 

Certification

 

This Contribution Plan, The Nambucca Shire Community Facilities and Open Space Contribution Plan 2015, is authorised under s.94 of the Environmental Planning and Assessment Act and was adopted by the Nambucca Shire Council on XXXX and commenced on XXXX.

 

General Manager

Nambucca Shire Council

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Contents

PART A

1A      INTRODUCTION

 

1.1          Name of this Plan                                                                                                    1

1.2          Commencement of Contribution Plan                                                    1

1.3          What area does this plan apply to                                                                        1

1.4          What is a s94 contribution plan                                                                1

1.5          Purpose of this contribution plan                                                                          2

1.6          Relationship to other plans                                                                                    2

1.7          For what amenities will contributions be levied                                                 2

1.8          Contribution plan structure                                                                                     2

 

2A      ADMINISTRATION AND OPERATION OF THE PLAN

 

2.1          Operation of the Plan                                                                                 3

2.2          What is the life of this Plan                                                                                     3

2.3          What is the contribution formula                                                                           3

2.4          When are contributions payable                                                                           3

2.5          Are contributions payable for complying development                                                4

2.6          Offer to enter into a voluntary planning agreement                                          4

2.7          Works in Kind and material public benefit                                                          9

2.8          Dedication of land                                                                                       5

2.9          Monitoring and review of contributions                                                               5

2.10        Adjustment of contributions                                                                      5

2.11        Accountability                                                                                               5

2.12        Deferment of payments                                                                             6

2.13        Pooling of contributions                                                                             6

2.14        Savings and transitional arrangements                                                              6

2.15        Staging of infrastructure                                                                                         6

 

PART B

 

3B      COMMUNITY PROFILE

 

3.1          Resident population                                                                                    6

3.2          Demographic characteristics                                                                    6

3.3          Dwelling and household characteristics                                                             8

 

4B      POPULATION PROJECTIONS AND FACILITY DEMAND

 

4.1          Residential development in Nambucca Shire                                                   11

4.2        Population projections and expected development trends                             11

 

PART C

 

5C      STRATEGY

 

5.1          Definition of community facilities and infrastructure                                        12

5.2          Existing provision                                                                                                     12

5.3          Nexus and future demand                                                                                     13

5.4          Apportionment                                                                                             13

5.5          Contribution catchments                                                                                        14

5.6          Contribution rate                                                                                          14

5.7          Community Infrastructure Work Schedule                                                          14

5.8          Community Infrastructure Schedule (Cycle Ways)                                           16

 

REFERENCES AND APPENDICES

 

          References                                                                             

Appendix 1 Example Works in Kind Agreement                                                               17

             Appendix 2     Example Developer Agreement                                                        32


Ordinary Council Meeting - 16 July 2015

Developer Contributions Plan Review: Adoption of Final Community Facilities and Public Open Space Plan

 

PART A

 

1          INTRODUCTION

 

1.1       Name of this plan

 

This s.94 Developer Contribution Plan is prepared in accordance with the provisions of section 94 of the Environmental Planning and assessment act (1979) (EP&A Act) and Part 4 of the Planning and Assessment Regulation (2000) (Regulation).

 

The plan is named the “Nambucca Shire Community Facilities and Open Space Developer Contribution Plan 2015”.

 

1.2     Commencement of the contribution plan

 

This contribution plan is prepared pursuant to the provisions of s.94 of the EP&A Act and Part 4 of the Regulation and is effective from XXXXXXXXXXX.

 

1.3     What area does this plan apply to?

 

This plan applies to all land within the Nambucca Shire indicated on the map at Appendix A.

 

This development contribution plan applies to applications for development consent and applications for complying development certificates under Part 4 of the Act. Contributions do not apply to development for the purposes of a secondary dwelling with a floor area up to and including 60m² (within external walls) for a trial period of 2 years commencing from XXXXXXXXX (date of commencement of plan).

 

1.4     What is a s.94 contribution plan?

 

s.94 of the Act authorises Council to levy contributions from developers as a condition of consent for the provision of public infrastructure, facilities and services that are required as a result of increased development. The s.94 plan remains a public document and describes Councils policy on developer contributions.

 

A s.94 contribution plan details the expected increase in demand as a result of new development and links this to an increased demand for local public services, facilities and infrastructure to be provided through developer contributions. This ‘nexus’ is one of the underlying core principles of s.94 and is the key factor in deciding if a contribution can be sought.

 

A contribution plan must contain a description of how the contribution rate has been determined, and the formulae for determining the rate; the contribution rates; the works schedule; and timeframe for expenditure and project delivery.

 

The plan should be flexible, it should be able to respond to the changing needs of an area, and it should allow for the planned, efficient provision of facilities and infrastructure expected to be required as a result of, or to assist, new development.

 

The plan should operate over a specific period of time, which in this case is 10 years, for determining both the rate of development and the infrastructure, facilities and services to be provided within that period.  The plan should be reviewed and amended if necessary at the program’s midpoint (5 years).

 

Council can only demand a contribution if it is satisfied the development, the subject of the development application, will or is likely to require the provision of or increase the demand for, public facilities within the area. Contributions may be in the form of monetary payments, dedication of land at no cost to council, the provision of a material public benefit, or a combination of these.

 

The ability to fund new works facilities and the embellishment of existing infrastructure in the community through the use of s.94 contributions is highly important for Nambucca Shire Council. Through the use of developer contributions Council reduces the cost and impact of existing residents in the LGA for the provision of additional services and infrastructure generated by new development. The use of s.94 contributions guarantees the service level for the existing population is maintained while ensuring an equivalent level is provided for the incoming population.


 

 

1.5     Purpose of this contribution plan

 

This plan satisfies the requirements of the EP&A Act and Regulation and authorises Nambucca Shire Council to require payment of a monetary contribution, a dedication of land or in lieu of, to accept the provision of material public benefit, including the dedication of land, or the carrying out of a works in kind agreement, towards provision, extension or augmentation of public facilities, infrastructure and/ or services that will, or are likely to be, required as a consequence of development in the Nambucca Shire.

 

The purpose of this plan is to:

 

§ Provide the framework for the efficient and equitable determination, collection and management of development contributions towards the provision of public facilities and infrastructure.

§ Ensure that all new development that benefits from these public facilities and infrastructure contribute towards their provision.

§ Determine the likely development patterns and needs of the population which will result from that development.

§ Ensure that the existing Nambucca Shire community is not unreasonably burdened by the provision of public facilities and infrastructure required as a result of the ongoing development and redevelopment undertaken within the Nambucca LGA.

§ Provide an overall strategy for the coordinated delivery of public facilities and infrastructure consistent with Council’s strategic plan and management plan.

§ Provide a comprehensive and transparent strategy which is implemented for the assessment, accounting and review of development contributions made under s.94 of the Act and regulation for the Nambucca LGA.

§ Indicate a program of works and capital expenditure for the provision of public works required as a result of development within the LGA.

 

1.6     Relationship to other plans

 

This plan is a result of a full review of the Nambucca Shire Council Community Facilities and Open Space Developer Contribution Plan 2008.

 

Contributions raised and paid under the authority of this plan will be directed towards the respective facility and infrastructure described in the work schedule of this plan. This plan incorporates the outstanding fund balance of the plan current at the time of this plan’s introduction.

 

Contributions levied under the plan may be adjusted according to movements in the Consumer Price Index (CPI). This would arise where the timing of the payment of the contribution is at least one (1) year from the date of development consent, which contains the condition imposing the s.94 contribution/s.

 

1.7     For what facilities and / or infrastructure will contributions be levied?

 

This contribution plan establishes strategies that allow s.94 contributions to be levied towards the provision of the following categories of facility, infrastructure or service provided these relate to the need generated through increased development demands:

 

§ Community Facilities

§ Open Space

§ Community Facilities and Public Open Space Strategy 2015

 

1.8     Contribution plan structure

 

The contribution plan is structured in four (4) parts:

 

Part A: details essential components of the plan, including the basis for preparing a development contribution plan, describes the plan’s operation and administration, defines the area affected by the plan and its relationship to other plans.

 

Part B: provides details of the need for public facilities planned to be provided, including the expected development and population characteristics of the Nambucca Shire and the plan for the delivery of required facilities and infrastructure.

 

Part C: provides details on the strategies to deliver each of the categories of facilities and infrastructure, including the causal, spatial and temporal link between the expected development and the facilities required, and the philosophy, standards and manner of facility and service delivery.

 

References and Appendices

 

 

 

2       ADMINISTRATION AND OPERATION OF THE PLAN

 

2.1     Operation of the plan

 

Section 94 permits Council to require developers to provide or assist in the provision of new facilities and infrastructure required as a result of new development. The mechanism to require the contribution is through the development assessment process.

 

In determining a development application or issuing a complying development certificate, Council may impose a condition of consent requiring the payment of a monetary contribution, dedication of land and / or works in kind, in accordance with the provisions of the plan.

 

This plan identifies the quantum of contribution to be levied on an individual development, and what facilities and infrastructure the contribution may be directed towards. Such details are to be included in the respective development approval. The parameters and assumptions used to identify contributions and the works as a result of development occurring are dynamic. As a result this plan will be reviewed periodically.

 

Information on the contributions received, and details of how these contributions have been applied towards the provision of the public amenities and services described in this plan, will be reported in Council's annual financial statements. A register of contributions received under this plan will also be maintained and made publicly available by Council.

 

2.2     What is the life of this plan?

 

This plan seeks development contributions for facilities and infrastructure required as a result of population increases occurring over the next ten (10) year period. The time frame selected accords with the estimated rates of development and population projections completed to identify growth from 2014.

 

2.3     What is the contribution formula?

 

The formula used to determine the contributions regarding each type of facility and service are set out in Part C of this Plan. The formulas have been based on a generic contribution formula that applies to each facility or infrastructure item.

 

The contribution rate will be indexed according to the CPI set out in section 2.10. A summary of the contribution rate is provided. The contribution rates for residential development are calculated per person, and then converted to a per dwelling bedroom occupancy or where applicable per new lot.

 

2.4     When are contributions payable?

 

The amount of developer contributions will be determined as a part of the assessment of a development application and will appear as a condition of approval on the respective development consent issued under section 80 of the EP&A Act. The notice will include a condition indicating the timing, amount of payment and the public amenity or service in respect of which a condition is imposed.

 

The provision of material public benefits or works in kind, or payment of a monetary contribution is to be made prior to the issue of a construction certificate. In the case of subdivision, the contribution is to be made prior to the issue of the subdivision certificate. Where a developer negotiates a material public benefit or works in kind in lieu of paying a monetary contribution required under this Plan, the developer must also pay Council's reasonable costs for the management of this contribution plan.

 

The amount of monetary contribution to be paid will be the contribution payable at the time of consent, and depending on when the development consent is acted upon, may be subject to reasonable adjustment due to movements in the financial indices and rates in section 2.10.


 

 

2.5     Are contributions payable for complying development?

 

It is the responsibility of the principal certifying authority to accurately calculate and apply the s.94 contribution conditions where applicable. It is the responsibility of any person issuing a construction certificate to certify that the contributions have been paid to Council prior to the issue of the certificate. Deferred payments of contributions required by a condition of complying development certificate will not be accepted.

 

The provision of material public benefits, works in kind or payment of a monetary contribution is to be made prior to the issue of the construction certificate. In the case of subdivision, the contribution is to be made prior to the issue of a subdivision certificate.

 

Where a developer negotiates a material public benefit or works in kind in lieu of paying the monetary contribution required under this plan, the developer must also pay Council's reasonable costs for the management of this contributions Plan.

 

2.6     Offer to enter into a voluntary planning agreement

 

If an applicant does not wish to pay a levy in connection with the carrying out of a development, the applicant may offer to enter into a voluntary planning agreement with Council under s.93F of the EP&A Act in connection with making a development application.

 

Under the planning agreement, the applicant may offer to pay money, dedicate land, carry out works or provide other material benefits for public purposes.

 

The applicant's provision under a planning agreement may be additional to or instead of paying a contribution in accordance with a condition of development consent authorised by this Plan. This will be a matter of negotiation with Council.

 

The offer to enter into the planning agreement together with a copy of the draft agreement should accompany the relevant development application.

 

Council will publicly notify the draft planning agreement and an explanatory note relating to the draft agreement along with the development application and will consider the agreement as part of its assessment of that application.

 

If council agrees to enter into the planning agreement, it may impose a condition of development consent under s.93I(3) of the EP&A Act requiring the agreement to be entered into and performed. If Council does not agree to enter into the planning agreement, it may grant consent subject to a condition authorised by this plan requiring the payment of a contribution.

 

2.7     Works in Kind and Material Public Benefits

 

Council may allow applicants to make a contribution by way of a material public benefit, (for items NOT included in the Works Schedule) or by works in kind (for items included in the Works Schedule) as referred to in s.94(5) of the Environmental Planning and Assessment Act 1979.

 

Council may, but is not obliged to, accept material public benefits or works in kind when:

 

§ Agreement is reached between the developer and Council as to the proposed material public benefit or works in kind,

§ A monetary contribution in accordance with the Developer Contributions plan is unnecessary or unreasonable in the circumstances,

§ The value of the material public benefit or works in kind is at least equal to the value of the monetary contribution assessed in accordance with the plan, and

§ The material public benefit of all works in kind will not prejudice the timing or the manner of the provision of the public facility for which the contribution was required.

 

It may also accept a material public benefit for an item not included on the contribution plan works schedule where it considers the acceptance of that material public benefit will not create an unacceptable shortfall in contributions collected which may lead to difficulty in providing other items on the work schedule.

 

The offer from an applicant or any other entitled to that consent must be made in writing as part of the development application and include details of the extent and nature of the works proposed to be undertaken.

 

Council will require the applicant to enter into a written agreement for the provision of the works.

 

Acceptance of any such alternative is at the sole discretion of Council. Valuation of any land to be dedicated will be obtained by Council at the applicant’s expense. The cost of the dedications is to be borne by the applicant. The terms of the offer as accepted by Council will be included in the development consent.

 

2.8     Dedication of land

 

Dedication of land in lieu of monetary contributions for community facilities, open space or other infrastructure described in this plan will be considered at the discretion of Council.

 

Dedication of land will be required on an area basis in accordance with the rates in the plan at the date of dedication. All costs of dedication are to be borne by the applicant, including but not limited to, survey, legal and administration costs.

 

The land is to be in a condition suitable for its intended purpose cleared of all debris, weeds and waste materials. The land is to have a compliance certificate from a registered testing authority stating that the land is free from contaminated and hazardous materials and substances. Council will not accept dedication of any lands otherwise.

 

Land to be dedicated is to be shown on the Final Plan of Subdivision that accompanies the Subdivision Certificate application, and come under Council care and control upon registration of the subdivision.

 

2.9     Monitoring and review of contributions

 

Nambucca Shire Council acknowledges the need to continually monitor and review this plan. The contribution plan will be subject to review that will account for such matters as community need, provision costs, development rates, contribution affordability and performance of provision of works.

 

In the event of Council identifying changes as a result of the review process, amendments to the contribution plan, (apart from the periodic adjustment of contributions that is provided for in s.2.10 of this Plan, based on published indices), will be publicly exhibited in accordance with the requirements of the EP&A Regulation 2000.

 

Pursuant to Cl32(3) of the Regulation 2000, Council may make certain minor adjustments or amendments to the plan without prior public exhibition and adoption by Council.

 

2.10   Adjustment of contributions

 

To ensure that the values of the contributions are not eroded over time by movements in the Consumer Price Index (CPI), Council will amend the contribution rates. The contribution rates listed in Part C will be amended annually and increased, or as the case may be, decreased according to the CPI to allow for adjustments in the cost of provision for facilities. Contributions will also be adjusted at the time of payment in accordance with the quarterly CPI.

 

Contributions required as a condition of development consent will be adjusted at the time of payment in accordance with the latest CPI (All Groups – Sydney) as published quarterly by the Australian Bureau of Statistics (ABS), using the following formula.

 

Contribution at the time of payment          =          C          x          CPI 2

                                                                                                     CPI 1

Where:

C          =          The original contribution amount as shown on the consent.

CPI 2      =       The CPI Number (All Groups – Sydney) currently available from the ABS at the time of payment.

CPI 1      =       The CPI Number (All Groups – Sydney) last published by the ABS at the time of coming into effect

                         of the plan, or subsequent amendment of the plan.

 

2.11   Accountability

 

Financial management and accountability are important components of section 94, and Council is obliged to maintain an accurate and up to date register of all section 94 contributions.

 

Monetary contributions received under the authority of this Plan must be recorded and kept through a separate account specifically established for this Plan. The records must indicate the contributions received, contributions expended and must include the interest, if any, earned on invested funds for each account. These records are updated on a monthly basis.

 

Separate accounting records are maintained for all Council's section 94 contribution plans. Information on section 94 accounts and funds relating to this plan will be provided in a condensed format within Nambucca Shire Council's Annual Report/s in accordance with requirements of the EP&A Regulation 2000. Information is also available in Council's contribution register relating to this plan, which can be inspected at Council during normal business hours.

 

2.12   Deferment of payments

 

With regard to payment deferments please refer to Council’s current payment deferment policy.

 

2.13   PooIing of contributions

 

This plan authorises monetary s.94 contributions paid for different purposes to be pooled and used progressively or otherwise for those purposes, and are described in the works schedule.

 

2.14   Savings and transitional arrangements

 

A development application submitted prior to the adoption of this plan but not determined shall be determined in accordance with the provisions of the Plan, which applied the date of determination of the application.

 

2.15   Staging of infrastructure

 

Council will only be able to directly provide works and services when sufficient funds have been provided by way of contributions. The works schedules under this plan identify spending priorities for some works. The identified priorities will inform decisions about the order in which works will be delivered and works that may be delivered using pooled funds. Work priorities may be adjusted to account for Council’s capacity to carry out works having regard to Council-wide works programs. Similarly some works may be accelerated where there are synergies with other Council works.

 

PART B

 

3        COMMUNITY PROFILE

 

The community profile is prepared to provide a clear understanding of the characteristics of the resident population of the Nambucca Shire and to identify trends. The profile assists in projecting residential population growth and determining what facilities will be required to meet the needs of the population resulting from future development. Data is drawn from the ABS Census data held for 2001, 2006 and 20111using the Nambucca LGA and postcodes 2441, 2447, 2448 and 2449.

 

3.1     Resident Population

 

The resident population of the Nambucca Shire has experienced slow growth since 1996. The 2006 Census recorded 17,896 persons across the Shire, an Increase of 0.66% between 2001 and 2006. The 2011 Census records 18,644 persons indicating a 4.18% increase since 2006.

 

Table 1                 Population Size and Change Nambucca Shire Local Government Area

 

 

Year

 

Population

 

Average % Change P.A.

 

1996

 

17 567

 

 

 

2001

 

17 778

 

0.17

 

2006

 

17 896

 

0.20

 

2011

 

18,644

 

0.84

 

3.2     Demographic Characteristics


 

 

3.2.1  Age Structure

 

In the 2011 Census 17.8% of the population usually resident in Nambucca LGA were children aged between 0 – 14 years, compared with NSW’s state percentage of 19.2%. Comparatively, a large proportion of the population, 40.72%, was aged 55 years and over, against a State percentage of 26.4%. The median age for persons in the Nambucca Shire was 49 years against a State median of 38 years.

 

These figures reflect the trend of coastal and near coastal locations as popular retirement destinations, and the relatively low numbers of younger people is complementary to the ageing population trend.

 

Table 2                 Age Structure, Nambucca LGA 2001 – 2011

 

 

Age Group

 

2001

(no.)

 

2006

(no.)

 

2011

(no.)

 

Change

01-11(%)

 

0-4 years

 

973

 

978

1045

 

7.40

 

5-9 years

 

1 247

 

1 101

1105

 

-11.39

 

10-14 years

 

1 441

 

1 265

1176

 

-18.39

 

15-19 years

 

1 175

 

1 126

1110

 

-5.53

 

20-24 years

 

574

 

652

652

 

13.59

 

25-29 years

 

686

 

567

656

 

-4.37

 

30-34 years

 

791

 

737

634

 

-19.85

 

35-39 years

 

1 041

 

868

913

 

-12.30

 

40-44 years

 

1 347

 

1 154

959

 

-28.80

 

45-49 years

 

1 298

 

1 427

1229

 

-5.32

 

50-54 years

 

1 216

 

1 353

1567

 

28.87

 

55-59 years

 

1 069

 

1 389

1505

 

40.79

 

60-64 years

 

1 077

 

1 229

1543

 

43.27

 

65-69 years

 

990

 

1 134

1354

 

36.77

 

70-74 years

 

1 039

 

932

1089

 

4.81

 

75-79 years

 

865

 

883

821

 

-5.09

 

80-84 years

 

482

 

653

658

 

36.51

 

85 years and over

 

351

 

448

626

 

78.35

 

Total

 

17 662

 

17 896

18 644

 

1.79

 

3.2.2  Household type

 

Family households (65.6%) and lone person households (31.3%) in 2011 comprised a large proportion of the households in the Nambucca LGA. This is lower than the NSW average where family households account for 71.9%. Lone person households are higher than the State average of 24.2%. Single parent families comprise 19.4% of families (State 16.3%).


 

3.2.3  Ethnicity

 

In the 2011 Census, 85.1% of persons resident in the Nambucca LGA stated they were born in Australia, significantly higher than the State average of 68.6%. Aboriginal and Torres Strait Islanders accounted for 7.3% of the LGA population, higher than the State average of 2.4%.

 

Of those residents not born in Australia, 6.1% were born in NW Europe, 1.4% from Oceania and the remaining 7.4% were born elsewhere.

 

3.2.4  Income

 

Nambucca has a broad income distribution, however the trend is towards the lower end of weekly incomes. In 2011 the median personal income was $377 per week compared to the State’s $561.

 

In 2011 the median family income in Nambucca LGA was $853 per week against the State’s $2,120.

 

3.2.5  Labour force participation

 

In 2011, 6,749 residents of Nambucca LGA were in the labour force. The unemployment rate for Nambucca LGA in 2011 was 10.7% compared with a State unemployment rate at that time of 5.9%.

 

The labour force participation rate (LFPR) for Nambucca LGA in 2011 was 44% compared with a NSW LFPR of 59.7%.

 

3.3     Dwelling and household characteristics

 

3.3.1  Overview

 

Future housing development in Nambucca LGA is likely to be of a type that is focused on urban and near urban locations, with significant growth in coastal and near coastal locations.

 

Near urban or rural residential housing development is expected to remain a significant component of the housing mix, as will a likely trend towards multi-unit housing. However the demand for separate housing on urban residential lots is expected to remain the key housing choice.

 

3.3.2  Dwelling growth

 

Table 3                 Dwelling Growth (2001-2011)

Dwelling Type

2001

2006

2011

% change 01-06

% change 06-11

 

Detached House

 

5 932

 

6 187

 

6553

 

4.2%

 

5.5%

 

Semi, row, terrace, etc

 

195

 

263

 

348

 

34.87%

 

24.4%

 

Flat, unit, apartment.

 

554

 

608

 

569

 

9.74%

 

-6.8%


 

Other Dwelling

 

 

 

 

 

 

Caravan, cabin, houseboat

 

446

 

463

 

239

 

3.8%

 

-93%

Improvised home, tent, sleep out

 

8

 

23

 

7

 

65.22%

 

-228%

 

House or flat attached to shop, offic

 

39

 

32

 

56

 

-17.94%

 

42%

 

Total Other Dwelling

 

493

 

518

 

302

 

5.07%

 

-71.5%

 

Dwelling structure not stated

 

80

 

11

 

0

 

-86.25%

 

Total Occupied Private Dwellings

 

7 254

 

7 587

 

7992

 

4.6%

 

5%

 

The key trends over the period 2001 – 2011 as indicated in Table 2 are:

 

§ Over the 10 years 2001 – 2011 the total number of occupied dwellings in the Nambucca LGA increased by 9.6% or 738 dwellings.

§ Development of detached houses, flats, units and apartments has grown significantly in the period 2001-2011.

§ It is assumed that the decrease in units between 2006 and 2011 period is largely due to a change in data collection methods.

 

3.3.3  Dwelling type

 

In 2011 detached housing comprised 86% of the Nambucca LGA private occupied housing stock.  Medium density type housing, semi-detached, units and apartments, made up 11.6% of the stock, and the remaining 2.4% other housing types.

 

From the data available the ratio of dwelling types across the LGA has remained stable over the period 2006-2011.

 

3.3.4  Tenure

 

In 2011 44.8% of Nambucca LGA dwellings were fully owned, with a further 24.4% being purchased. This compared with figures for New South Wales where overall 33.2% of dwellings were fully owned and a further 33.4% were being purchased.

 

In 2011 in the Nambucca LGA 26.6% of dwellings were subject to rental agreements compared to the State figure of 30.1% for the same period

 

3.3.5  Occupancy rates

 

Table 4                 Occupancy rates (No. bedrooms per dwelling type: 2011 Census)

 

 

Number of bedrooms

 

1

 

2

 

3

 

Detached housing

 

1.3

 

1.6

 

2.4

 

Semi-detached, row or townhouse

 

1.0

 

1.5

 

2.0

 

Flat Unit or apartment

 

1.2

 

1.5

 

2.2

 

The household occupancy rate for the Nambucca LGA in 2011 was 2.3 persons compared with a State and national average of 2.6 persons.  The average for persons per dwelling, based on the number of bedrooms, is detailed in Table 3 above.

 

3.3.6  Commenced residential dwellings

 

Table 5                 Occupation certificates issued for residential dwellings 2006 – 2013

in Nambucca Shire

 

 

Year

 

2006

 

2007

 

2008

 

2009

 

2010

 

2011

 

2012

 

2013

 

Total

 

Number

 

127

 

61

 

121

 

94

 

69

 

74

 

65

 

42

 

653

 

 

Table 5 details the rate of occupation certificates issued for residential dwellings in the Nambucca LGA for the period 2006-2013. The total occupation certificates issued during that period equals 653 dwellings and represents 93 dwellings per year.

 

3.3.7 Summary of key trends

 

From analysis of available data provided through the Australian Bureau of Statistics (ABS) and other sources emerging trends in the demographics of the Nambucca LGA can be revealed which will assist in the planning and delivery of new community facilities and infrastructure to meet increased population demand.

 

Key characteristics of the Nambucca LGA are:

§ A higher than average unemployment rate coupled with a lower labour force participation rate.

§ A net decline in the age groups 0 – 44 years. The two age groups with the highest growth in the LGA are those in the 60 – 54 age group, and those aged over 85.

§ A low income population.

§ Low dwelling densities.

§ Lower than average occupancy rates for dwellings.

§ A high proportion of fully owned dwellings.

 

In common with other coastal LGAs Nambucca LGA is experiencing an ageing population however unlike other equivalent areas it is coupled with a declining birth rate and outward migration of persons aged 20-49 years. The ageing population has effects on the planning and provision of future open space and community facilities.

 


4        POPULATION PROJECTIONS AND FACILITY DEMAND

 

This section provides detail on the future resident population of the Nambucca LGA across new residential release areas, established urban and villages and rural. It reviews the anticipated rate and type of residential development likely to occur over the next 20 years, and the expected demand for community facilities and open space.

 

4.1     Residential development in Nambucca Shire

 

Patterns of settlement across the LGA have traditionally supported lower density detached residential housing on larger blocks. Established urban areas, such as the townships of Macksville and Nambucca Heads, have attracted incremental growth within the township centres, and on the edges, through the subdivision of small rural land parcels and or larger lots residential lots. Targeted new release areas have provided a significant supply of new residential land since 1988.

 

Table 6                 Population Projections Nambucca Shire 2006 – 2031

 

 

Year

 

Population

 

Av Annual Growth (%)

 

Population Projection

 

Projected Av Annual Population Growth (%)

 

 

 

ABS Census

 

ABS Census

 

NSC 2015

 

NSC 2015

2006

17896

 

 

 

2011

18644

0.83%

 

 

 

2016

 

 

 

 

 

20466

 

1.9%

 

2021

 

 

 

 

 

21436

 

0.94%

 

2026

 

 

 

 

 

22406

 

0.91%

 

2031

 

 

 

23376

 

0.86%

 

4.2               Population projections and expected development trends

 

Based on data available from the ABS (Census 2006 and 2011) and on Nambucca Shire Council residential development trends over the past five years, it is expected that the population of the Nambucca LGA will increase from 18,644 persons (2011) to 23,376 persons by 2031, indicating a net growth of 4,732 persons.

 

It is expected that most of this growth will occur in or near established urban centres and is more likely to be greater towards the coast. Generally the population growth is not expected to be evenly distributed.

 

The freestanding detached dwelling is expected to remain the preferred choice of housing stock, however medium density housing such as apartments and villa type development may become more popular as the community ages and mature aged couples without children choose to downsize their dwellings.

 


Ordinary Council Meeting - 16 July 2015

Developer Contributions Plan Review: Adoption of Final Community Facilities and Public Open Space Plan

 

PART C STRATEGY

 

5        COMMUNITY FACILITIES

 

5.1     Definition of community facilities and infrastructure

 

Community facilities and infrastructure as defined in this contribution plan and the provision of which is supported by Legislation includes:

 

(a)   Local parks

(b)   Local sporting and recreational facilities

(c)   Cultural, civic and social service facilities

(d)   Land required for (a) to (c) above

 

Local parks

Local parks are defined as being located within urban residential precincts and provide passive recreation at a neighbourhood level.  They are designed to provide a well-managed informal recreational open space within an attractive setting.  Local parks have an important role in the conservation and protection of local biodiversity and the provision of interconnected corridors.

 

Local parks should provide an area of not less than 0.25ha.

 

Park facilities and improvements can include:

§ Connecting pathways

§ Shade plantings

§ Play equipment

§ Park furniture

§ Ground plane material – turf, mulch, paving

§ Signage

§ Perimeter fencing

§ Conservation/protection/restoration of biodiversity

§ Ball play area

§ Canine off leash area

§ Water connection

§ Sewerage connection

 

Local sporting and recreational facilities

 

Includes sportsgrounds and associated facilities to service local community sporting demand

 

Facilities to be provided can include:

§ Double playing fields to provide for AFL, league, union or football overlay in winter,

          and cricket overlay in summer

§ Amenities building (300sq.m)

§ Car park and access road (40 spaces)

§ Perimeter fence

§ Shade tree planting and general landscape improvement

 

Cultural, civic and social service facilities

 

Includes the provision of neighbourhood or community centres, local library or combination facility to service new local demand.  Other infrastructure that meets this definition includes dual use off road pathways for cyclists, pedestrians and the disabled or aged.

 

5.2        Community infrastructure existing provision

 

The Nambucca LGA has experienced a mean growth in new dwellings of 17.8% in the 10 years from 2001 to 2011. The highest levels of new residential growth have been concentrated in existing core urban and near urban areas within the valley and coastal precincts.


 

 

The Community Facilities and Public Open Space Strategy 2015, adopted by Council in February 2015, confirms that the current community facilities and public open space areas in the Nambucca LGA are adequate in number to meet the existing and future demands of Shire residents, however the quality and functionality of some of these facilities must be improved. The focus in future should be on ensuring these facilities continue to meet the requirements of Shire residents. 

 

5.3     Nexus and future demand

 

Community facilities

 

The CFPOS Strategy 2015 identifies the following key community needs:

·      Need to cater for older and ageing adults though lower impact activity opportunities and community facilities (libraries, community centres)

·      Need for activity opportunities for youth including programs and improved and accessible skate facilities.

·      Development of quality recreation destinations in the Council’s key parks in the main towns.

·      Improvements to sportsgrounds, particularly buildings and lighting.

·      Need for indoor facilities for sport and fitness

·      Improvement in quality of existing facilities with a particular focus on Nambucca Entertainment Centre and rural halls.

·      High need for further enhancing the libraries, including toilet facilities and storage areas.

·      Need for improvements to cultural buildings such as museums and the Nambucca Entertainment Centre and equipment.

·      Heating of Macksville Aquatic Centre pool and supporting aquatic activities in natural waters such as river and ocean.

·      Need for toilets to be improved in quality, particularly at Gordon Park and Bellwood Park and disabled access.

 

Local sporting facilities continue to attract significant support from the community. A supply analysis done as part of the CFPOS Strategy identifies that there may be a need for one or two additional rugby code fields in the future, and there is a significant undersupply soccer pitches, and up to six senior size soccer pitches could be required. The other findings are:

·      The provision of skate parks is adequate, however the quality of the parks, with the exception of Nambucca Heads, is substandard.

·      A number of playgrounds are small and there is potential to improve the quality and diversity of the playgrounds including the provision of some higher level playgrounds.

·      There is a gap in the provision of basketball and dirt jump opportunities for older children and youth.

 

Open space

 

The CFPOS Strategy identifies the following gaps/opportunities in relation to open space:

·      Sportsground buildings are in need of upgrade and consolidation. A number of buildings are in poor or declining condition.

·      Anderson Park and EJ Biffin Field suffer drainage issues.

·      There is potential to improve the quality of recreation parks and foreshore areas, including establishing some higher quality destinations, mainly Bellwood Park and Gordon Park, Nambucca Heads; riverside open space and Dawkins Park, Macksville.

·      There is potential to create quality natural settings suitable for community use including walking tracks and picnic areas.

·      There is potential to further strengthen the walking and cycling connections across the Shire.

·      There is potential to strengthen water based activity opportunities linked to the rivers, including through quality boating ramps, canoeing and kayaking launch sites.

 

5.4     Apportionment

 

The population of the Shire is expected to grow at a mean annual average rate of 1.2% over the 20 year life of the plan, giving an overall population growth rate of 25% between 2011 and 2031. Considering that the existing population of the Shire will benefit from facility and infrastructure provision provided to meet new demand due to residential development, the apportioned rate, or share, of costs for s.94 contributions is 32%. The rate of apportionment is determined by future population growth at 25% plus 7% variance.


 

 

5.5     Contribution catchments

 

This contribution plan comprises one (1) contribution catchment based on future urban growth. In accordance with the underlying principles of the section 94 legislation the contributions will be used to directly fund community infrastructure projects distributed across the collection catchment.

 

5.6     Contribution rate

 

The contribution rate is calculated as follows:

 

Formula

Contribution per Person ($) =           TC x RA

                                                   RP

 

Where:

 

TC = total cost of new works minus value of previously collected contributions

RA = the proportion of total cost to be attributed to new development

RP = the increase in Shire residential

 

Contribution per Person ($) = ($10,911,000 - 480,928) x 0.32

                                                   4732

= $705.33 (per person)

 

 

Table 7 Summary of contributions (All Residential)

 

 

Number Bedrooms

 

Rate ($) per Person

 

1

 

2

 

3

 

New Lot

 

Occupancy Rate

 

 

1.3

 

1.6

 

2.4

 

 

 

Community Infrastructure

 

$705.33

 

$916.93

 

$1128.53

 

$1692.79

 

$1692.79

 

 

5.7     Community Infrastructure Work Schedule

 

 

Description/Type

 

Total Est

 

% App

 

Threshold Date

 

Macksville Skate Park Upgrade

Macksville

 

 

250,000

 

75%

 

2015

 

Valla Beach Tennis Club Awning

Valla Beach

 

 

5,000

 

50%

 

2015

 

Community Facilities and Public Open Space Strategy

Shire-wide

 

 

30,000

 

100%

 

2015

 

Macksville Library extension and pathway

Macksville

 

 

85,000

 

 

32%

 

2015

 

Macksville Town Revitalisation Community Facilities – Town Square, River Promenade, Market Square, Cooper Street, River Street, Wallace Street and Lane, Princess Street, Mackay St and Matilda St, Winifred Street, Star, Nambucca and Partridge Streets

Macksville

 

 

1,188,000

 

32%

 

2016

 

Thistle Park Cricket Ground upgrade

Macksville

 

 

100,000

 

32%

 

Post 2015

 

Bellwood Park playground and amenities upgrade

Nambucca Heads

 

 

200,000

 

32%

 

Post 2015

 

Amenities at community facility sites: Valla Beach, Nambucca Headland, V-Wall, Main Beach, Shelly Beach, Gordon Park

Nambucca Heads

 

 

525,000

 

32%

 

Post 2015

 

Nambucca Entertainment Centre Roof Replacement, internal renovation including kitchen, flooring

Nambucca Heads

 

 

510,000

 

32%

 

Post 2015

 

Valla Beach Footbridge

Valla Beach

 

 

400,000

 

32%

 

Post 2015

 

Hyland Park Footbridge

 

 

140,000

 

32%

 

Post 2016

 

Regional boating facilities at Shelly Beach and Gordon Park, Nambucca Heads

 

848,000

 

32%

 

Post 2017

 

EJ Biffin Reserve  - Drainage, field reconfiguration, shade shelter, lighting, amenities building expansion and upgrade

Nambucca Heads

 

 

940,000

 

32%

 

Post 2018

 

Coronation Park – Lighting and Building Consolidation/Refit

Nambucca Heads

 

 

390,000

 

32%

 

Post 2018

Hennessey/Tape Oval – Redesign building to provide club facilities and establish two multi-use courts.

Bowraville

240,000

32%

Post 2018

 

Macksville Fun and Fitness Precinct – new club/amenity and innovative playground

Macksville

 

 

2,060,000

 

32%

 

Post 2018

 

Total

 

 

7,911,000

 

 

 

 

 

5.8     Community Infrastructure (Cycle Ways) Work Schedule

 

 

Description/Type

 

Total Est

 

% App

 

Threshold Date

Nambucca Heads to Macksville Florence Wilmot Drive to Macksville via Nursery Road and Bellvue Drive

 

3,000,000

 

32%

 

Post 2015

 

 

 

 

 

Total

 

 

3,000,000

 

 

 

References

 

Census Data 1996; 2001; 2006; 2011 Australian Bureau of Statistics, Canberra 

Community Facilities and Public Open Space Needs Strategy, Suter Planning, South Australia, 2015

Mid North Coast Regional Strategy, Department of Planning, New South Wales. 2006

Nambucca Shire Cycleway Plan (DRAFT). Nambucca Shire Council, New South Wales. 2010


Ordinary Council Meeting - 16 July 2015

Developer Contributions Plan Review: Adoption of Final Community Facilities and Public Open Space Plan

 

Appendix 1

 

 

Example Works in Kind Agreement

 

 


The Council of the Shire of Nambucca

(“the Council”)

 

 

and

 

[insert name of Developer]

(the Developer)

 

Works in Kind Agreement

Authorised under section 94 of the Environmental Planning and Assessment Act 1979

 

 

WIKA Reg No:


This Works in Kind Agreement (the Deed) is made on

 

 

Between the Council of the Shire of Nambucca, Administration Centre, Princess Street, Nambucca in the State of New South Wales (“the Council”) of the first part.

 

And

 

(insert Developer)

 

Recitals

 

A.         In this Deed the following words and expressions have meanings assigned to them except where the context otherwise requires:-

 

Reference to the “Council” includes a reference to its servants, agents, employees and sub contractors.

 

“Act” means the Environmental Planning and Assessment Act 1979 and amendments

 

“Completion Date” means the date specified in Schedule D of this Agreement

 

“Contribution” means the amount set out in the Conditions of Development Consent, as indexed from time to time, the payment of which has been imposed by the Council under section 80A(i) and section 94 of the Act.

 

“Practical Completion Date” means the date on which the Council advises the Developer in writing that the Works have been completed to Councils satisfaction.

 

“Development Application” means the development application(s) under section 78A of the Act lodged by the Developer with the Council and described in Schedule A

 

“Development Consent” means the development consent(s) determined by the Council under the Act to the Development Application(s)

 

CPI” means the Consumer Price Index All Groups Sydney as published on a quarterly basis by the Australian Bureau of Statistics

 

“Plans” means approved engineering and/or other plans for the works described in Schedule C

 

“The Site” means the land described in Schedule B being the land upon which the works will be undertaken

 

“the Works” means the whole of the activity described in Schedule C to be executed by the Developer upon the Site in accordance with this Deed

 

“Total Value of Works” means the value of the Works to be undertaken under this Deed as set out in Schedule A

 

Words importing the singular include the plural and vice versa.

 

Words importing any gender include any other gender.

 

Schedules attached to this Deed form part of the Deed.

 

B.      (a)      The Council has received from the Developer the Development Application

 

(b)        The Council has resolved to grant the Development Consent to the Development Application subject to a number of conditions being met including conditions for payment of the Contribution.

 

C.         The Developer has offered under section 94 of the Act to provide the Works as a material public benefit in satisfaction of the conditions of Development Consent which require payment of a contribution and the Council has agreed to accept the carrying out of these works as a material public benefit in satisfaction of the conditions requiring payment of the Contribution upon and subject to the Developer complying with the terms, covenants and conditions contained in the Deed.



 

OPERATIVE PROVISIONS

 

1          Developer to Carry out Works

 

(a)  The Developer must immediately after execution of these documents and without delay and at no cost to the Council commence, carry out and complete the Works on the Site in a good and workmanlike manner, and to the satisfaction of Council.

(b)  The Developer must commence work on the Site forthwith and must proceed with and complete the Works in accordance with this Deed and the Plan/s

(c)  The Developer must complete the Works on or before the Completion Date or within any extension of time granted, or agreed to by Council in writing.

(d)  The Developer must lodge a Bond or Guarantee to the amount equal to the Total Value of Works described in the Deed, prior to the Execution of this Deed. The provisions of Schedule E apply to any such Bond or Guarantee.

 

2          Failure to Carry out Works

 

If the Developer fails to complete the Works by the Completion Date or within any extended time granted or agreed to by the Council in writing then:

 

(a)  The Council shall be entitled, without prejudice to any other rights whatsoever it may have, to delay release of any Plan, approval, consent authority or license to which the Developer may otherwise be entitled, pending completion of the Works.

(b)  The Council shall be entitled to call up the Bond or Guarantee lodged under Clause 1(d), to enable Council to complete and/or rectify the Works.

(c)  Should the amount of the Bond or Guarantee lodged under Clause 1(d) be insufficient to complete and/or rectify the Works, then the Council may claim the cost of completing the Works (as assessed in a fair and reasonable manner having regard for the status and condition of the Works thus far completed, by the Council and notified in writing to the Developer) as a debt in any court of competent jurisdiction. The cost is to be assessed as at the time of the completion and/or rectification works are carried out.

 

3          Reduction and/or Variation to the Contribution

 

(a)  Upon the Practical Completion Date the Council will reduce the Contribution payable by the Developer pursuant to the Development Consent by the Total value of Works which has been indexed to the CPI Date which is applicable at the Date of Execution of this Deed as set out in Schedule A

(b)  If the Contribution, indexed to the Practical Completion Date in accordance with the CPI and IPD, is greater than the Total Value of Works then the balance of the Contribution, indexed in accordance with the CPI to the date of payment must be paid by the Developer.

(c)  Should the final plan(s) of survey indicate any change in the total developable area(s) or should any amendments to the Development Consent(s) result in changes in potential additional population the Council may by notice in writing amend the Section 94 Contribution in accordance with Schedule A. The Developer agrees to accept any amendment so made to the Contribution.

 

4          Availability of Credit for Works

 

(a)  Should the Developer request in writing credit for works prior to Practical Completion Date, Council will consider the request subject to the works having been substantially commenced and being confident that the amount of bond or Guarantee required under Clause 1(d) will cover completion and / or rectification of Works.

 

5          Warranty by Developer

 

The Developer warrants to the Council:

 

(a)  That it has negotiated and obtained from the owner of each parcel of land within the Site a right or licence to enter upon that land for the purposes of carrying out the works; and

(b)  That it has negotiated and obtained, or will before commencing the Works negotiate and obtain, from the owners of land adjoining the site their acceptance of and consent to the carrying out of the Works.

 

6          Protection of Persons and Property

 

(a)  The developer must ensure that all barricades, guards, fencing, temporary roadways, footpaths, signs, lighting etcetera required by law by any public or other authority and/or is necessary for the protection of the Works or the Site during construction, and/or for the safety and convenience of workers, the general public and others, are erected and maintained until the end of the maintenance period and must remove same on completion of the Works.

(b)  The Developer must avoid obstruction or damage to roadways and footpaths, drains or watercourses and public utility and other services on or near to the Site which are visible, or the location of which can be ascertained by the Developer and must remove at its own cost any obstruction, and make good any damage caused.

 

7        Indemnity and Insurance

 

(a)  The Developer agrees to indemnify Council against any claim demands and/or other actions, proceedings, damages or costs whatsoever arising out of the construction of the Works or any part thereof. The Developer hereby warrants that insurances in respect of property damage, public risk, public liability, death or injury to employees have been effected. Insurances must be for the amounts specified in Schedule F and, unless specified elsewhere in this Deed, must be effected with an insurer(s) approved in writing by Council, approval of which shall not be reasonably withheld.

(b)  Whenever requested in writing at any time and from time to time the Developer shall produce evidence to the satisfaction of the Council of the insurances effected and maintained for the purposes of this Deed. If, after being requested in writing by the Council so to do, the Developer fails to produce evidence of compliance with its insurance obligations hereunder or any of them the Council may effect and keep in force any such insurance and pay such premiums as may be necessary for that purpose and the amounts so paid shall be a debt due from the Developer to the Council which may be deducted or recovered by the Council as it deems appropriate.

 

8        Care of Works

 

While the Works are being carried out on the Site the Developer is liable for the care of the Works and all material, construction plant and other things that are brought on to the site by or on behalf of the Developer for the purpose of carrying out the Works. The Developer must at its own cost make good to the satisfaction of the Council any loss of or damage to the Works or to the Site resulting from any cause whatsoever until the Practical Completion Date.

 

9        Access to Site and Works

 

Prior to commencement of the Works the Developer must produce evidence satisfactory to the Council that any persons authorised in writing by the Council have access to the Works and the Site for any purpose including completion of the Works (in the event of default), and the examination and testing of any work or materials at any place where any such work is being or is to be carried out or materials are being prepared.

 


10      Removal of Structures

 

The Developer is responsible for payment of any compensation which may become payable to the owner of any of the lands forming part of the Site resulting from the demolition removal or re-siting of any structure within the Site.

 

11        Variation of Works

 

The Works cannot be varied by the Developer without a written direction from Council which may only be given in the following cases:

 

(a)        Council may direct the Developer to vary the form, quality or quantity of the Works as

detailed in the Plans in one or more of the following ways:

 

(i)    Increase, or decrease or omit any part of the Works

(ii)    Change the character or quality of any material or work

(iii)   Change levels, lines, positions or dimensions of any part of the Works

 

The cost of any variations directed under this sub-clause (a) are to be borne by the Developer.

 

(b)        Council may direct the Developer to undertake works that are in addition to the Works as

detailed in the Plans.  Such direction shall be given by Council to the Developer in writing.

 

The cost of any variations directed under this sub-clause (b) are to be borne by Council.

 

No variation under either clause (a) or (b) above will invalidate this Deed.

 

12      Supervision

 

(a)        The Works must be executed in accordance with this Deed and in accordance with any directions of the Council given hereunder. Any direction which may be or is given to the Developer by the Council may be given either orally or in writing.  When any such direction is in the first instance given orally the Council shall as soon as practicable after it is so given confirm it in writing addressed to and issued or given to or served upon the Developer.  For the purposes of this clause, directions may be given by or on behalf of the Council by the Council’s Director of Engineering and Operations or their appointed delegate(s).

 

(b)        The Developer must appoint a project manager to supervise the Works, such project manager to be approved in writing by the Council prior to his or her appointment (the “Project Manager”). The Project Manager must submit to the Council regular reports on the progress of the Works, such reports to be submitted to Council.

 

13      Special Conditions

As per Schedule G

 

14      Defects Liability and Maintenance Period

 

The Developer must upon the Council’s written direction correct all defects, or other faults which may appear within a period of six months from the Practical Completion Date arising out of defective or improper materials or workmanship at its own cost and within such reasonable time as is specified by the Council’s direction. In the event of default by the Developer under this clause the Council may recover from the Developer the costs associated therewith as a debt due and payable to the Council.

 

The Developer is to lodge with Council before the Practical Completion Date a maintenance bond which will be held as surety and the Council is not obliged to certify practical completion until that bond is received.  The bond is to be 5% of the agreed value of the Works and will be held for a period of six months from the Practical Completion Date.

 

Alternatively if the Developer so wishes the bond or guarantee lodged under Clause 1(d) can be held for the duration of the maintenance period.

 

15      Application Bonds

 

            If:

                      (a)      the Developer fails to comply with its obligations under clause 1; or

                      (b)      the Developer fails to comply with its obligations under clause 14

 

the Council may call in the relevant bond or guarantee and use it to carry out or complete the Works or carry out the maintenance work, as the case may be, and for this purpose the Council may enter upon the Site.

 

16      Certificate Conclusive

 

(a)        A certificate signed by the General Manager or his deputy and given to the Developer as

to the cost to the Council of carrying out or completing the Works, or of carrying out maintenance work, will be conclusive.

 

(b)   The cost to the Council will include, but not be limited to:

 

(i)         All fees and charges necessarily or reasonably incurred by the Council in order to have relevant work carried out and completed properly and expeditiously.

 

(ii)         Without limiting the generality of the preceding paragraph, all legal costs and expenses reasonably incurred by the Council by reason of the Developer’s fault, or of the calling in or expenditure of money under the bonds or under this Deed or generally in the carrying out of the Council’s powers and duties under this Deed.

 

17        Service of Documents

 

Service of any documents or notices hereunder shall be deemed to have been served if sent by prepaid post or left at the address of the party shown in the introduction to this Deed.  Any documents sent by prepaid post shall be deemed to have been issued or given to or served upon the party at the time at which it would normally arrive in the ordinary course of post at the address to which it is directed.

 

18      Assignment

 

The rights conferred hereunder shall not be assigned or transferred to any other party except with the written consent first obtained from the Council.

 

19      Documents

 

The Developer covenants and agrees with Council that it will if so required by Council execute and/or procure the execution of all or any document and do all such other acts, matter and things as may be necessary and proper in order that the provisions of these presents and the creation of any easement or any restriction as to use in conjunction therewith may be carried into effect.

 

20      Costs

 

Each party shall pay their own costs of and incidental to this Deed except the Legal Fees of both the Developer and Council which must be paid by the Developer.

 

In addition to any other amount payable under this Deed, the (Developer) will pay the amount of any tax in the form of a goods and services tax levied in respect of:

 

(a)   the carrying out of the Works under this Deed; or

(b)   the provision by the (Developer) of any security pursuant to this Deed; or

(c)   any calling up enforcement cancellation or refund or such security.

 


SIGNED AS A DEED

 

SIGNED in my presence by Nambucca Shire Council by its

Attorney __________________who is personally known to me.

 

 

 

 

­­­­­­­­­­­­_________________________________________________

Signature of Witness

 

 

 

 

_________________________________________________

Name of Witness (BLOCK LETTERS)

 

 

 

 

_________________________________________________

Address and Occupation of Witness

 

 

 

 

                                                                                  _____________________________________

Nambucca Shire Council by

Its attorney [INSERT NAME]

Pursuant to power of attorney

Registered Book [INSERT REG #].

 

 

THE COMMON SEAL of                    

 

LIMITED was affixed to this deed in              )

Accordance with its Articles of            )

Association and in the presence of               )

 

 

 

 

…………………………………………………                        …………………………………

                          Signature                                                                          Date

  

 

 

 

…………………………………………………                        …………………………………

            Witnessed By                                                                       Date


 

               


SCHEDULE A

 

DEVELOPMENT APPLICATION DETAILS

 

 

File / Determination No:             _________________________________________

 

Proposed Development:           _________________________________________

 

 

Description of land to which

Development application relates:

           

Description: BD10290_

           

The following amounts have been adjusted to the CPI Date applicable at Execution of this Deed.

           

Applicable CPI Date:

 

           

Section 94 Contributions Payable:

           

(list applicable contribution plans)

 

 

 

Total Value of Works:

           

           

Balance of Section 94 Contributions Payable:

The Balance of any Contributions owing by the Developer will be subject to CPI adjustment from the Applicable CPI Date above until the date of their Payment.

 

 

 

 


SCHEDULE A (Cont’d)

 

FORMULAE FOR CALCULATION OF VARIATION IN CONTRIBUTIONS

 

 

1        Contributions based on Lots

                      Base Contribution Due ($)                   =        Contribution Rate   x        Lots

           

           

           

           

           

           

2        Contributions based on Population

                      Base Contribution Due ($)                   =        Contribution Rate ($/Person)               x        P

           

           

Where P = Number of Estimated Eventual Persons in the Catchment Area for the relevant Contributions

           

           


SCHEDULE B

 

SITE DESCRIPTION

 

 

 

 

 

 

 

 

 

Location Plan

 

Insert Location Map Here

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE C

 

DESCRIPTION OF ACTIVITY

 

 

 


SCHEDULE D

 

COMPLETION DATE

 

 

The last day for completion of the Works described in Schedule C is ………months from the date of execution of this deed.

 

 

 

 

 

 


SCHEDULE E

 

PROVISIONS APPLICABLE TO BOND OR GUARANTEE - CLAUSE 1(d)

 

1          The bond or guarantee must be expressed to be for the performance by the developer of its obligations under this Deed, and must be in a form reasonably acceptable to the Council. 

 

2        The bond or guarantee must be given by:-

 

2.1   A bank within the meaning of the Banking Act 1959 (Cwth), or a bank constituted by a law of the state of the Commonwealth; or

 

2.2   A financial institution having a credit rating of not less than A given by Standard and Poor’s or of not less than A2 given by Moody’s.

 

3          The developer must ensure that the financial institution giving a bond or guarantee maintains a credit rating complying with paragraph 2.2 at all times whilst the bond or guarantee remains in force.

 

4          If the financial institution which has given a bond or guarantee ceases to have a credit rating complying with paragraph 2.2 at any time whilst the bond or guarantee is in force then:-

 

            4.1   The developer must notify the Council forthwith of that fact;

 

4.2   Whether or not such notification has been given, the developer must within 14 days of

being required to do so by the Council lodge with the Council a substitute bond or guarantee complying with the provisions of this clause.

 

5          If the developer fails to comply with a notice given under paragraph 4.2 within the time specified, the developer will be in default under this Deed and the Council will be entitled to call up the bond or guarantee held by it.

 

6          Upon compliance by the developer with a notice under paragraph 4.2, the Council will return the earlier bond or guarantee held by it to the developer.

 

7          The bond or guarantee, or so much of it as has not been applied in accordance with clause 14 of this Deed, will be returned by the Council to the developer at the later of:-

 

            7.1   The practical completion date; and

           

7.2   The expiration of 6 months from the practical completion date if the bond or guarantee is

left with the Council in place of a maintenance bond in accordance with Clause 14 of this Deed.


SCHEDULE F

 

INSURANCES

 

 

Public Liability              :         $20,000,000 including Principals Liability.

 

Workers Compensation :         As required by Workers Compensation Act, 1987.

 

 


SCHEDULE G

 

SPECIAL CONDITIONS

 

 

1        All work to be constructed in accordance with Nambucca Shire Council’s Works

Specification

 

2        All work to be inspected by Council’s  Engineering Supervisor

 

 

                                                                               or

 

           

                                                                     delegated officer

           

 

           

           

3        The Works are to be constructed in accordance with plans prepared by:

           

           

 

4          A full Works-as-Executed Plan is to be submitted to Council showing the finished levels of all works prior to the finalisation of this Deed.

 

 

 

5          The Developer in executing this Deed acknowledges that the Section 94 Contributions credits will not be available until Council has provided written confirmation that Practical Completion of the Works has been achieved.

 

 

 

 


SCHEDULE H

 

SCOPE OF WORKS

 

 

This schedule will only be used on larger projects where a more detailed description of the works is required.

 

If the schedule is used then it will be referred to in Schedule C.

 

 



 

Appendix 2

 

 

Example Developer Agreement

 



 

ATTACHMENT A

 

PLANNING AGREEMENT

 

 

Parties

 

 

SHIRE of NAMBUCCA, NEW SOUTH WALES (COUNCIL)

 

and

 

### of ### (DEVELOPER)

 

 

Background

 

A.    On, ####, the Developer made a Development Application to NAMBUCCA SHIRE COUNCIL for Development Consent to carry out the Development on the Land

 

B.   That Development application was accompanied by an Offer by the Developer to enter into this Agreement to make Development Contributions towards the Public Infrastructure if that Development consent was granted.

 

Operative Provisions

 

Planning agreement under the Act

 

The parties agree that this Agreement is a planning agreement governed by Subdivision 2 of division 6 of Part 4 of the Act.

 

Application of this Agreement

 

This Agreement applies to the Land

 

Operation of this Agreement

 

Need to specify:

§ Date or trigger whereby the Agreement takes effect

§ Date or trigger whereby the Parties must execute the Agreement

 

Definitions and interpretation

 

In this Agreement the following definitions apply:

 

Act means the Environmental Planning and Assessment Act 1979 (NSW)

 

Dealing, in relation to the land, means, without limitation, selling, transferring, assigning, mortgaging, charging, encumbering or otherwise dealing with the Land

 

Development means ####

 

Development Application retains the same meaning as in the Act

 

Development Consent retains the same meaning as in the Act

 

GST has the same meaning as in the GST Law

 

GST Law has the meaning given to that term in A New Tax System ( Goods and Services Tax) Act 1999 (Cwth) and any other Act or Regulation relating to the imposition or administration of the GST

 

Land means Lot ## DP##, known as ##

 

Party means party to this agreement, including their successors and assigns

 

Public Infrastructure means ##

 

Regulation means the Environmental Planning and Assessment Regulation 2000

 

In the interpretation of this Agreement, the following provisions will apply, unless the context otherwise requires:

 

a)    Headings are inserted for convenience only and do not affect the interpretation of this Agreement

 

b)    A reference in this Agreement to a business day means a day other than a Saturday or Sunday on which banks are open for business generally in Sydney

 

c)     If the day on which any act, matter or thing is to be done under this Agreement is not a business day, the act, matter or thing must be done on the next business day

 

d)    A reference in this Agreement to dollars or $ means Australian dollars and all amounts payable under this Agreement are payable in Australian dollars

 

e)    A reference in this Agreement to any law, legislation or legislative provision includes ant statutory modification, amendment or re-enactment, and any subordinate legislation or regulations is issued under that legislation or legislative provision

 

f)     A reference in this Agreement to any agreement, deed or document is to that agreement, deed or document as amended, novated, supplemented or replaced.

 

g)    A reference to a clause, part, schedule or attachment is a reference to a clause, part, schedule or attachment of or to this Agreement.

 

h)    An expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency

 

i)      Where a word or phrase is given a defined meaning, another part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.

 

j)      A word which denotes the singular denotes the plural, a word which denotes the plural denotes the singular, and a reference to any gender denotes the other genders

 

k)     References to the word ‘include’ or ‘including’ are to be construed without limitation

 

l)      A reference to this Agreement includes the agreement recorded in this Agreement

 

m)   A reference to a party to this Agreement includes a reference to the servants, agents and contractors of the party

 

n)    Any schedules and attachments form part of this Agreement

 

Development contributions made under this Agreement

 

This section must detail the exact nature of the contributions to be made under this Agreement; when they are to be made; and the manner in which they are to be made

 

Application of the development contributions

 

This section is to detail the times at which; the manner in which; and the public purposes for which, development contributions are to be applied

 

Application of s94 and s94A of the Act to the Development

 

7.1 Contributions under S94A are not applicable

 

7.2 Will s94 contributions apply to this development, and to what extent?

 

Registration of this Agreement

 

8.1  The Parties shall do all things reasonably necessary to enable Council to obtain registration of this Agreement under s.93H of the Act at the Land and Property Information Division of the Department of Lands (NSW), such that on registration of this Agreement, the Registrar General will have made an entry in the relevant Folio(s) of the Register kept under the Real Property Act 1900 in relation to the Land.

 

Review of this Agreement

 

9.1  The Parties agree that from time to time it may become necessary to review this Agreement, however any amendment to this Agreement shall only be effective if in writing and signed by all Parties and duly Registered under s.93H of the Act.

 

Dispute Resolution

 

10.1                If a dispute arises out of or relates to this Agreement, including any dispute as to breach or termination of this Agreement or as to any claim in tort, in equity or under any legislation, a Party cannot commence any Court proceedings relating to the dispute unless that Party has complied with the following clauses except where that party seeks urgent interlocutory relief.

 

10.2                A Party claiming that a dispute has arisen must serve a notice specifying the nature of the dispute.

 

10.3                On receipt of that notice by that other Party, the Parties must endeavour, in good faith to, resolve the dispute using dispute resolution techniques

 

10.4                If the Parties do not reach agreement within seven (7) business days of service of the notice, or any other period agreed to  in writing by them as to:

§ The dispute resolution technique and procedures to be adopted

§ The timetable for all steps in those procedures; and

§ The selection and compensation of the independent person required for that technique,

 

Then the Parties must mediate the dispute in accordance with the Mediation Rules of the Law Society of New South Wales and must request the President of the Law Society of New South Wales or the President’s nominee to select the mediator and determine the mediators remuneration.

 

Enforcement of this Agreement

 

11.1                How will this Agreement be enforced?

 

Notices

 

12.1                Any notice, consent, information, application or request that must or may be given or made to a Party under this Agreement is only given or made if it is in writing and sent in one of the following ways:

                        

§ Delivered or posted to that party at its address set out below

§ Faxed to that Party at its fax number set out below

§ Emailed to that party at its email address set out below

Council

 

Attention:                   ####

 

Address:                    44 Princess Street

                                    Macksville. 2447

 

Fax Number:                         02 6568 2201

 

E mail:                       ####


 

 

Developer

 

Attention:                   ####

 

Address:                    ####

 

Fax Number:                         ####

 

E mail:                       ####

 

12.2                If a Party gives the other party three (3) business days’ notice of a change to its address or fax number, any notice, consent, information, application or request is only given or made by that other Party if it is delivered, posted or faxed to the latest address or fax number.

 

12.3                Any notice, consent, information, application or request is to be treated as given or made at the following time:

 

§ If it is delivered, when it is left at the relevant address

§ If it is sent by post, two (2) business days after it was posted

§ If it is sent by fax, as soon as the sender receives from the sender’s fax machine a report of an error free transmission to the correct fax number.

 

12.4                If any notice, consent, information, application or request is delivered, or an error free transmission report in relation to it is received, on a day that is not a business day, after 5pm on that day in the place of the Party to whom it is sent, it is to be treated as having been given or made at the beginning of the next business day.

 

Approvals and consent

 

13.1                Except as otherwise set out in this Agreement, and subject to any statutory obligations, a Party may give or withhold an approval or consent to be given under this Agreement in that Party’s absolute discretion and subject to any conditions determined by the Party. A party is not obliged to give its reasons for giving or withholding consent or for giving consent subject to conditions.

 

Assignment and Dealing

 

14.1                Until the Developer has delivered its contribution in accordance with this Agreement, the Developer cannot execute any Dealing without the prior consent of Council

 

14.2                The Council may not refuse consent to any Dealing unless the Dealing is likely to, in the opinion of the General Manager of the Council, prevent, hinder or otherwise present a risk to the timely payment of the contribution

 

Costs

 

15.1                The Developer will pay all Stamp Duty imposed on this Agreement and the costs of Registering this Agreement.

 

15.2                In all other respects, each Party must bear its own costs

 

Entire Agreement

 

16.1                This Agreement contains everything to which the Parties have agreed in relation to the matters it deals with. No Party can rely on an earlier document or anything said or done by another Party, or by a director, officer, employee or agent of that Party, before this Agreement was executed, except as permitted by law

 

Further Acts

 

17.1                Each Party must promptly execute all documents and do all things that another Party from time to time reasonably requests to affect, perfect or complete this Agreement and all transactions incidental to it


 

Governing law and jurisdiction

 

18.1                This Agreement is governed by the law of New South Wales. The Parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The Parties will not object to the exercise of jurisdiction by those courts on any basis

 

Joint and individual liability and benefits

 

19.1                Except as otherwise set out in this Agreement, any agreement, covenant, representation or warranty under this Agreement by two (2) or more persons binds them jointly and each of them individually, and any benefit in favour of two (2) or more persons is for the benefit of them jointly and each of them individually.

 

No fetter

 

20.1                Nothing in this Agreement shall be construed as requiring Council to do anything that would cause it to be in breach of any of its obligations at law, and without limitation, nothing shall be construed as limiting or fettering in any way the exercise of any statutory discretion or duty.

 

Representations and warranties

 

21.1                The Parties represent and warrant that they have power to enter into this Agreement and comply with their obligations under the Agreement and that entry into this Agreement will not result in the beach of any law.

 

Severability

 

22.1                If a clause or part of a clause of this Agreement can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part of clause is to be treated as removed from this Agreement, but the rest of this Agreement is unaffected.

 

Modification

 

23.1                No modification of this Agreement will be of any force or effect unless it is in writing and signed by the Parties to this Agreement.

 

Waiver

 

24.1                The fact that a Party fails to do, or delays in doing, something the Party is entitled to do under this Agreement, does not amount to a waiver of any obligation of, or breach of obligation by another Party. A waiver by a Party is only effective if it is in writing. A written waiver by a Party is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

 

GST

 

25.1                If any Party reasonably decides that it is liable to pay GST on a supply made to the other Party under this Agreement and the supply was not priced to include GST, then the recipient of the supply must pay an additional amount to the GST on that supply.

 


 

Execution

 

Dated: ####

 

Executed as an Agreement:             ####

 

SIGNED AS AN AGREEMENT

 

THE COMMON SEAL OF COUNCIL OF )

 NAMBUCCA SHIRE is hereunto affixed )

pursuant to resolution made on

 

 

 

……………………………………………….                ……………………………………….

GENERAL MANAGER                                                 MAYOR

 

 

 

 

 

 

Executed by #### (The Developer)

Under Section 127(1) of the Corporations Act 2001

by being signed by:

 

 

……………………………………………….                ………………………………………

DIRECTOR                                                        SECRETARY

 

 

 

……………………………………………….                ………………………………………

NAME                                                                NAME

 


Ordinary Council Meeting - 16 July 2015

Developer Contributions Plan Review: Adoption of Final Community Facilities and Public Open Space Plan

 


 

ATTACHMENT B

 

 

Environmental Planning and Assessment Regulation 2000

 

 

Clause 25E

 

Explanatory Note

 

Draft Planning Agreement

 

Under s.93F of the Environmental Planning and Assessment Act 1979

 

1.   Parties

 

Nambucca Shire Council, (the Planning Authority)

 

##### (the Developer)

 

 

 

 

 

 

2.   Description of Subject Land

 

####

 

 

 

 

 

 

 

3.   Description of Development Application

 

####

 

 

 

 

 

 

 

 

4.   Summary of Objectives, Nature and Effect of the Draft Planning Agreement

 

####

 

 

 

 

 

 

 


 

5.   Assessment of the Merits of the Draft Planning Agreement

 

The Planning Purposes served by the Draft Planning Agreement

 

#####

 

 

 

 

How the Draft Planning Agreement Promotes the Objectives of the Environmental Planning and Assessment Act 1979

 

####

 

 

 

 

How the Draft Planning Agreement Promotes the Public Interest

 

####

 

 

 

 

 

How the Draft Planning Agreement Promotes the Elements of Councils Charter

 

#####

 

 

 

 

 

How the Draft Planning Agreement conforms with Council’s Capital Works Program

 

####

 

 

 

 

 

Impact of the Draft Planning Agreement on the Public, or any section of the Public

 

####

 

 

 

 

 

6.  
Other Matters

 

####

 

 

 

SIGNED

 

THE COMMON SEAL OF COUNCIL OF )

 NAMBUCCA SHIRE is hereunto affixed )

pursuant to resolution made on

 

 

 

……………………………………………….                ……………………………………….

GENERAL MANAGER                                                 MAYOR

 

 

………………………………………………

DATE

 

 

Executed by #### (The Developer)

Under Section 127(1) of the Corporations Act 2001

by being signed by:

 

 

……………………………………………….                ………………………………………

DIRECTOR                                                        SECRETARY

 

 

 

……………………………………………….                ………………………………………

NAME                                                                NAME

 

 

………………………………………….

DATE

 

 

ATTACHMENT C

 

CONDITION OF DEVELOPMENT CONSENT

 

 

Pursuant to section 80A(1) of the Environmental Planning and Assessment Act 1979, the planning agreement that relates to the development application the subject of this consent must be entered into before #######

 


Ordinary Council Meeting                                                                                                     16 July 2015

Corporate Services

ITEM 10.4    SF251              160715         Schedule of Council Public Meetings

 

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

 

SUMMARY:

 

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

 

 

Recommendation:

 

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

 

 

2015

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

16/07/2015

Council Chambers

5.30 PM

Access Committee

28/07/2015