NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

27 August 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 - 27 August 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 Elaine South

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 13 August 2015.................................................................................. 5

5        NOTICES OF MOTION

5.1     Notice of Motion - Naming of New Bridge over Nambucca River at Macksville (SF2033)..... 11  

6        PUBLIC FORUM

i)           Mr Peter Dart - How will NSC adapt to & mitigate climate change•

 

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 12

9.2     Buz Brazel Park - Community Building Partnership Funding Application for a Meeting Place 18

9.3     Planning Proposal - Housekeeping Amendments to Nambucca LEP 2010......................... 22

9.4     Outstanding DA's greater than 12 months,
applications where submissions received
not determined from 4 August 2015 to 18 August 2015..................................................... 36

9.5     Council Ranger's Report July 2015.................................................................................. 39

9.6     2015 July - Development and Complying Development - Applications Received ............... 42

9.7     2015 July - Construction And Complying Development - Certificates Approved ................ 45

10      Assistant General Manager Corporate Services Report

10.1   A New Way of Accounting for Wages Costs.................................................................... 50

10.2   Schedule of Council Public Meetings............................................................................... 53

10.3   Nambucca Community and Arts Centre Committee of Management Annual General Meeting - 12 August 2015.............................................................................................................................. 54

11      Assistant General Manager Engineering Services Report

11.1   Off River Storage Adaptive Management - River Monitoring Committee Meeting 5 August 2015   61

11.2   Draft Water Supply Policy including Demand Management and Water Conservation.......... 65

11.3   Nambucca Shire Traffic Committee Meeting Minutes - 7 April 2015.................................. 110     

 

 

 

 


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 13 August 2015

The following document is the minutes of the Ordinary Council meeting held 13 August 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 27 August 2015 and therefore subject to change.  Please refer to the minutes of 27 August 2015 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Brian Finlayson

Cr Martin Ballangarry OAM

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr John Ainsworth (Deputy Mayor)

Cr Paula Flack (on leave)

 

 

PRAYER

 

Reverend Ross Duncan (Anglican Church, Nambucca Heads) offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.5 Planning Proposal - Proposed Reclassification of Kingsworth Estate Dam under the Local Government Act as Cr MacDonald’s sister and brother-in-law own an adjoining property, and access or amenity may be impacted by Council’s decision.  Cr MacDonald left the meeting for this item.

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.6 Outstanding DA's greater than 12 months, applications where submissions received not determined from 23 July 2015 to 5 August 2015 under the Local Government Act as Cr Hoban has an immediate family member who has been employed on a casual basis with the applicant of DA2015/066 and has a reasonable expectation of future employment..  Cr Hoban left the meeting for this item.

 

The General Manager, M Coulter, declared a non-pecuniary significant conflict of interest in Item 9.6 Outstanding DA's greater than 12 months, applications where submissions received not determined from 23 July 2015 to 5 August 2015 under the Local Government Act as the applicant for the development application is a person who is in his surf lifesaving patrol and who he competes with in surf boats.

 

Councillor K MacDonald declared a non-pecuniary, less significant conflict of interest in Item 10.4 Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 24 July 2014 - Minutes under the Local Government Act as Cr MacDonald is a social member of the Club and frequently plays there on Saturday afternoon.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 July 2015

 

957/15 RESOLVED:        (Smyth/South)

 

That the minutes of the Ordinary Council Meeting of 30 July 2015 be confirmed.


NOTICE OF MOTION

 

ITEM 5.1      SF2049            130815         Notice of Motion - Request for Leave - Cr E South (SF1227)

958/15 Resolved:        (South/Ballangarry)

 

That Cr Elaine South be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 21 August 2015 to 5 September 2015 inclusive.

 

 

PUBLIC FORUM AND DELEGATIONS

 

959/15 Resolved:        (MacDonald/South)

 

That the Public Forum be brought forward

 

Ms Angie Evans (Scotts Head Community Group) Fence surrounding caravan park.

 

Motion:      (Ballangarry/Morrison)

 

That Council support the community’s preference for no fence and that Council write to the Member for Oxley and seek her support for the position of Council and the community. 

 

Amendment:       (MacDonald/Finlayson)

 

That the Mayor and General Manager be authorised to lobby North Coast Holiday Parks on 14 August 2015 for the installation of a low key fence.

 

The amendment was LOST.

 

The motion was put and it was:

 

960/ 15 Resolved:       (Ballangarry/Morrison)

 

That Council support the community’s preference for no fence and that Council write to the Member for Oxley and seek her support for the position of Council and the community. 

 

 

DELEGATIONS

 

i)          Mr Kevin Williams – Arts Mid North Coast

ii)         Mr John Kincade – North Coast Academy of Sport

 

 

 

 

ITEM 9.7      SF775                130815      Presentation to Council by Mr Kevin Williams, Regional Arts Development Officer

960/15 RESOLVED:        (South/Smyth)

 

That Council note and thank Mr Kevin Williams for his presentation on the activities of Arts Mid North Coast and its plans for 2015/2016.


 

 

ITEM 10.6    SF25                  130815      North Coast Academy of Sport request for Donation

962/15 RESOLVED:        (MacDonald/Smyth)

 

1        That Council note and thank Mr John Kincade, Executive Director, North Coast Academy of Sport for his presentation to Council.

 

2        That Council make a donation of $2,300 to the North Coast Academy of Sport and advise the academy of its continuing support budget permitting.

 


 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with Notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 


 

 

General Manager Report

 

ITEM 9.1      SF959                130815      Outstanding Actions and Reports

963/15 RESOLVED:        (Smyth/South)

 

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


 

 

ITEM 9.2      SF578                130815      Review of Reporting and Compliance Burdens on Local Government by the Independent Pricing and Regulatory Tribunal (IPART)

964/15 RESOLVED:        (Smyth/MacDonald)

 

1        That the instances of inefficient or unnecessary planning, reporting and compliance obligations identified in this report (and any late report) be referred to the Independent Pricing and Regulatory Tribunal (IPART) for consideration in their review of reporting and compliance burdens on local government.

 

2        That IPART be requested to extend the period for submissions until 15 September 2015.


 

 

ITEM 9.3      SF2037              130815      Minutes of the Nambucca Shire Council Access Committee meeting held 28 July 2015

965/15 RESOLVED:        (MacDonald/Smyth)

 

That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 28 July 2015.


 

 

ITEM 9.4      SF1541              130815      Planning Proposal Gateway Determination - Subdivision of Rural Lots Severed by a Sealed Road

966/15 RESOLVED:        (Smyth/MacDonald)

 

That Council note the Gateway Panel determination of the Planning Proposal not to allow subdivision of rural land severed by a sealed road and no further action be taken.


 

 

Cr MacDonald left the meeting for Item 9.5 at 7.14 pm and returned after the conclusion of the Item at 7.15 pm.

 

ITEM 9.5      PRF72                130815      Planning Proposal - Proposed Reclassification of Kingsworth Estate Dam

967/15 RESOLVED:        (Smyth/Ballangarry)

 

1        That Council not proceed with the reclassification of the public reserve at this point in time.

 

2        That Council investigate opportunities to assist in the management of the Council reserve being Lot 40 DP711098 and the matter be reported back to Council in 6 months.


 

 

968/15 RESOLVED:        (Smyth/Morrison)

 

That Cr Finlayson take the Chair for Item 9.6.

 

The Mayor and the General Manager left the meeting for Item 9.6 at 7.15 pm and returned after the conclusion of the Item at 7.16 pm.  The Mayor then resumed the Chair.

 

ITEM 9.6      SF2038              130815      Outstanding DA's greater than 12 months, applications where submissions received not determined from 23 July 2015 to 5 August 2015

969/15 RESOLVED:        (Morrison/Smyth)

 

That the information be noted by Council.


 

 

Item 9.7 was dealt with under Delegations.


 

 

ITEM 9.8      SF2066              130815      Naming Of The Bowraville Off River Water Storage Dam - Bowra Dam      

970/15 RESOLVED:        (South/Smyth)

 

That Council adopts the name “Bowra Dam” for its off river water storage.


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2130              130815      Review of Liquidity Protection and Contingency Provisions

971/15 RESOLVED:        (MacDonald/Morrison)

 

That Council adopt the reviewed Draft Liquidity Protection Policy and Draft Contingency Provisions Policy.


 

 

ITEM 10.2    SF544                130815      Modification of Council Policy Section 94/64 to Include Waiver of Secondary Dwellings Clause

972/15 RESOLVED:        (Smyth/South)

 

That Council approve the new Policy - Section 94/64 Contributions to include the waiver of developer contributions for secondary dwellings for a two year trial period, namely: 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 (date of Council’s approval of Policy amendment).

 

For the motion:                         Councillors Hoban, South, MacDonald, Finlayson, Smyth, Ballangarry and Morrison          Total 8

Against the motion:         Nil


 

 

ITEM 10.3    SF251                130815      Schedule of Council Public Meetings

973/15 RESOLVED:        (MacDonald/Smyth)

 

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


 

 

ITEM 10.4    SF325                130815      Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 24 July 2014 - Minutes

974/15 RESOLVED:        (South/Smyth)

 

That Council endorse the minutes of the Committee of Management Gordon Park Tennis Centre’s Annual General Meeting which was held on 24 July 2014 and that Council thank the outgoing Committee for their work in 2013/2014.


 

 

ITEM 10.5    SF341                130815      Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 20 July 2015

975/15 RESOLVED:        (MacDonald/South)

 

That Council endorse the Minutes of the Committee of Management for the Valla Beach Community Association’s Annual General Meeting held on 20 July 2015 and thank the outgoing Committee for their work in the past twelve months.

 


 

Item 10.6 was dealt with under Delegations.


 

 

ITEM 10.7    SF2116              130815      Investment Report to 31 July 2015

976/15 RESOLVED:        (MacDonald/South)

 

That the Accountants’ Report on Investments placed to 31 July 2015 be noted.


 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF453                130815      Waste Management Quarterly Report April - June 2015

977/15 RESOLVED:        (Smyth/Ballangarry)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 April – 30 June 2015.


 

 

ITEM 11.2    SF674                130815      Acquisition Of Land From Forests NSW For The Future Extension Of The Nambucca Waste Management Facility

Motion:      (MacDonald/Ballangarry)

 

That Council receive and note the information provided in the report on the acquisition of land from Forests NSW for the future extension of the Nambucca Waste Management Facility.

 

Amendment:       (Finlayson/MacDonald)

 

That Council write to appropriate Minister drawing the attention to the history of the matter and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.

 

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

 

978/15 Resolved:        (Finlayson/MacDonald)

 

That Council write to appropriate Minister drawing the attention to the history of the matter and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.43 pm. 

 

Confirmed and signed by the Mayor on 27 August 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

    


Ordinary Council Meeting                                                                                                 27 August 2015

Notice of Motion

ITEM 5.1      SF2049            270815         Notice of Motion - Naming of New Bridge over Nambucca River at Macksville (SF2033)

 

AUTHOR/ENQUIRIES:    John Ainsworth, Cr          

 

Summary:

 

In light of the Pacific Highway upgrade through our Shire it would be fitting for Council to support the naming of the new traffic bridge over the Macksville River the Phillip Hughes Bridge.

 

 

Recommendation:

 

That Council support the naming of the new traffic bridge over the Macksville River, the Phillip Hughes Bridge in honour of the late Phillip Hughes and his sporting achievements.

 

 

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                                 27 August 2015

General Manager

ITEM 9.1      SF959              270815         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.

 

Council’s Strategic Planner is to organise a meeting of the Estuary Committee, probably on 10 September 2015, where the consultants will make a presentation in relation to engineering options to reduce floodplain risk – flood levies, home raising etc.

 

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.

 

Third media release planned for an update as of 30 June 2015 (not completed as at 18/8/15)

 

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

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

 

 

DECEMBER 2014

 

9

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.

 

 

10

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 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.

 

The period for comment has now closed and the matter will be reported to Council in September 2015.

 

 

JANUARY 2015

 

11

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

 

12

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

 

13

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 19/05/15

 

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

 

At the meeting on 24 June 2015, the Manager of Crown Lands at Grafton advised that the Minister had received the Council’s letter and that a response would be forthcoming.

 

14

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 are 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

 

15

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.

 

Council’s Rates Officer has now spoken with Mr Miles who advises that he has spoken to their partner Andrew Gray.  They have now accepted the 2015-16 rates and charges of $923.75 and are not interested in selling the land to Council at this time.

 

 

16

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.

 

Following the letter from the Minister for Primary Industries the GM has telephoned Fisheries staff in Coffs Harbour seeking their attendance at a Council meeting.  The Fisheries staff member requested that they be provided with a list of the questions to be asked.  The GM is now writing to the Fisheries office with a list of questions.

 

 

MAY 2015

 

17

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

 

JUNE 2015

 

18

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

 

Deferred to September 2015 for reasons of work load.  Also Bellingen Shire Council has expressed an interest in opportunities for sharing ranger and companion animal pound services.

 

 

19

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.

 

20

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.

 

21

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 August 2015.

 

AUGUST 2015

 

22

PRF72

13/08/15

Council investigate opportunities to assist in the management of the (Kingsworth Lake) reserve and the matter be reported back to Council in 6 months.

 

GM

Report in February 2016

 

23

SF674

13/08/15

Council write to the appropriate Minister drawing attention to the history of the matter (negotiations to extend Council’s Waste Depot) and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.

 

AGMES

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                 27 August 2015

General Manager's Report

ITEM 9.2      PRF11              270815         Buz Brazel Park - Community Building Partnership Funding Application for a Meeting Place

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        That Council remove all references to the Scotts Head Sports Fields Committee of Management from its list of Section 355 Committees and advise the Community Building Partnership Program accordingly.

 

2        That Council write to those Committees of Management which have not submitted minutes of their Annual General Meeting or a financial report during the past 18 months and advise that if these documents are not forthcoming that the Council will remove the Commitee’s delegations of authority and insurance coverage.

 

3        That the General Manager be provided with delegated authority to remove Committees of Management from Council’s register of Section 355 Committees where they have not provided minutes of their Annual General Meeting or a financial report during the past 18 months.

 

 

OPTIONS:

 

Council can elect not to provide assistance to Mr Allan Turner and Mr Richie Donovan in seeking grant funding for a meeting facility at the Buz Brazel Park.

 

Council can elect not to follow up Section 355 Committees of Management in relation to the submission of the minutes of their annual general meetings and financial reports.  However not to do this will result in uncertainty as to insurance coverage and disputes as to liability should there be an insurable incident or accident.

 

 

DISCUSSION:

 

The Scotts Head Sports Field group led by Mr Allan Turner who support Richie Donovan’s Nambucca Valley Sport and Wellbeing Program were recently successful in attracting Community Building Partnership funding for the construction of a meeting place behind the existing Rural Fire Service building.  The group sought $44,000 in funding to construct a meeting place to be used by Richie in delivering his program.

 

Essentially Richie’s program involves visiting 10 of the Nambucca Valley’s primary schools on a weekly basis promoting sport and social inclusion as a vehicle for health and wellbeing.  Richie also facilitates numerous companion programs most of them involving the use of Buz Brazel Park at Scotts Head and the camping facility at the nearby Christian Youth Centre.

 

There is no facility for conducting meetings at Buz Brazel Park which limits program delivery and the experience of many participants now using the Park on a regular basis.

 

In June 2015 the Council was requested to confirm the status of the Scotts Head Committee of Management and Promotion which had been a Section 355 Committee of Council.  The attached letter was provided to the Community Building Partnership Program advising that whilst the group appears on Council’s list of Committees of Management, since 2009 they have not operated as a Committee of Management in meeting Council’s requirements for such committees.  Further they have not submitted a copy of their AGM minutes since March 2009, and have not submitted any financial returns in the past financial year at least.

 

The status of the group and particularly whether or not it is Section 355 Committee of Management is relevant to funding applications under the Community Building Partnership.  If the application is from a Council or a body acting under Council’s delegated authority such as a Section 355 Committee they are only entitled to funding support being a maximum of 50% of the project value.  However if the group seeking funding is not a Council or a delegate of Council, they are entitled to a maximum of 100% of the project value.

 

The State Government staff who administer the Community Building Partnership Program have queried Council’s letter of 16 June 2015 and the comment that the group appears on Council’s list of Committees of Management even though it is plain that they are non-functional.

 

In the circumstances it is recommended that Council act to formally remove all references to the Scotts Head Sports Fields Committee of Management from its list of Section 355 Committees.

 

The issue is a timely reminder of the need for Council to ensure its Committees of Management are functional and its list of delegated authorities is updated as required.  Besides this issue which relates to grant funding, the delegation of authority under Section 355 also has insurance and liability implications.

 

In order to demonstrate that a Committee of Management is functional, the Council’s requirements have been relatively modest requiring as a minimum the submission of the minutes of the Committee’s Annual General Meeting including the names of the people appointed to the Committee as well as a financial report for the previous year’s operations.

 

It is recommended that those Committees of Management which have not submitted minutes of their AGM or a financial report during the past 18 months be provided with a final warning that if the documents are not submitted that Council will remove the Committee’s delegations of authority and insurance coverage.

 

 

CONSULTATION:

 

There has been consultation with Mr Allan Turner and staff who administer the Community Building Partnership Program.

 

There has been consultation with Council’s Manager Human Resources who is responsible for insurance and risk in relation to Committees of Management generally.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

If the funding sought by Mr Turner under the Community Building Partnership is not forthcoming then the scope of Richie Donovan’s Nambucca Valley Sport and Wellbeing Program to continue to build positive social outcomes will be limited.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The risks are discussed in the report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no impact on Council’s budget.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Council’s Grants and Contributions Officer and the General Manager have been providing Mr Turner’s group with assistance in their Community Building Partnership funding application.

 

Attachments:

1

17877/2015 - Status of Scotts Head Sports Field Committee of Management

 

 

 

 

  


Ordinary Council Meeting - 27 August 2015

Buz Brazel Park - Community Building Partnership Funding Application for a Meeting Place

 


Ordinary Council Meeting                                                                                                 27 August 2015

General Manager's Report

ITEM 9.3      SF1541            270815         Planning Proposal - Housekeeping Amendments to Nambucca LEP 2010

 

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

 

Summary:

 

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

 

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

 

 

 

Recommendation:

 

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

 

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

 

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

 

b.     Amend clause 7.1 (6) as follows:

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

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

(b)  the works are not likely to lower the water table.

         

c.         Rezone Part Lot 701 DP 1054525 from RE1 Public Recreation to part R1 General Residential and part E3 Environmental Management; and include the lot on the ‘Lot Size Map’, ‘Height of Buildings Map’ and on the ‘Floor Space Ratio Map’ with those standards referred to in this body of this report; and

 

Rezone Lot 470 DP 755550 from RE1 Public Recreation to part R3 Medium Density Residential and part E3 Environmental Management; and include the lot on the ‘Lot Size Map’, ‘Height of Buildings Map’ and on the ‘Floor Space Ratio Map’ with those standards referred to in this body of this report.

 

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

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

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

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

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

 

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

 

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

 

g.         Amend the land use table for the RU1 Primary Production and RU2 Rural Landscape zones by including dual occupancies (detached) as permissible with consent.

 

h.         Amend the land zoning map by removing the E1 National Parks & Nature Reserves zone from Lot 157 DP 755560 and replace it with the corresponding R1 General Residential and E3 Environmental Management zones.

 

i.          Amend the land use table to make eco-tourist facilities permissible with consent within the RU1 Primary Production, RU2 Rural Landscape, and R5 Large Lot Residential zones.

 

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

 

 

 

OPTIONS:

 

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

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

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

 

 

DISCUSSION:

 

At its meeting on 30 May 2013, Council resolved:

 

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

 

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

 

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

 

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

 

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

 

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

 

(TRIM Reference 12076/2013)

 

Council staff have the intention to prepare the above planning proposal in the near future.  However, before doing so it is considered that adding the following additional amendments to the planning proposal in order to correct further anomalies, provide clarity within development standards and to facilitate development within the shire would be of benefit to Council.  This report was deferred by Council for two months at its meeting on 29 January 2015. Since then, further amendments have been added to the report in items g-i.

 

The recommended additional amendments are as follows:

 

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

 

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

 

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

 

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

 

Figure 1

 

 

 

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

 

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

 

Clause 7.1 (6) states:

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

Lot 701 DP 1054525

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

 

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

 

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

 

Having regard to the above and in order to facilitate some future residential development of the land in a manner which is consistent with the development within the surrounding area, it is recommended that part of the land be rezoned to part R1 General Residential and part E3 Environmental Management. Figure 3 shows the proposed R1 zone boundaries which are contained areas with managed or disturbed lawn with scattered trees and reasonable grades.

 

As part of this rezoning, it is also recommended that the residential part of the lot be provided with 450m2 minimum lot size and the E3 Environmental Management be provided with a 40HA minimum lot size. The ‘Height of Buildings Map’ be given a maximum building height of 8.5m, and the ‘Floor Space Ratio Map’ a maximum floor space ratio of 0.55:1. The inclusion of these standards and zones will provide consistency with adjoining land. Further to this it is noted that this land was previously zoned 2(a) Residential (low medium density) and the proposed R1 and E3 zones provide a sustainable balance to the potential future development of the land.

 

Figure 2 – existing zone

 

Figure 3 proposed zone map

 

 

Lot 470 DP 755550

 

As with the aforementioned allotment the Nambucca Local Aboriginal Land Council owns Lot 470 DP 755550 - Loftus Street, Nambucca Heads which is illustrated below in figure 4. This allotment is also zoned RE1 Public Recreation and has not been reserved for public recreation purposes (e.g. local or regional open space) on the Land Reservation Acquisition Map. The lot has access to reticulated sewer and water, with both legal and physical access available from Loftus Street.

 

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

 

As such, it is recommended that the western portion of the lot be rezoned to R3 Medium Density Residential to be consistent with the zoning of the surrounding area and the constrained area be zoned E3 Environmental Management (Figure 5). As part of this rezoning, it is also recommended that the lot be included on the ‘Lot Size Map’ with a minimum lot size of 450m² over the residential portion and 40HA on the E3 portion. The ‘Height of Buildings Map’ be designated with a maximum building height of 8.5m, and the ‘Floor Space Ratio Map’ with a maximum floor space ratio of 0.75:1. The inclusion of the lot on these maps will ensure the development standards applicable to the lot will be the same as the adjoining R3 Medium Density Residential zoned land illustrated red in figure 4 below. Further to this it is noted that the land was zoned 2(b) Residential (medium density) under the Nambucca LEP 1995.

Figure 4 Existing Zone

 

Figure 5 Proposed Zone

NOTE:

 

In regard to both the parcels owned by the Nambucca LALC, it is noted the proposed E3 zone will need to be attached in full to 450sqm of residential zoned land in accordance with the provisions of Councils LEP.

 

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

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

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

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

 

e        Rezone Lot 1 DP 560614 currently zoned RU3 Forestry

 

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

 

Description: Lot 1 DP560614 selected

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g.         Amend the land use table to make detached dual occupancies permissible within the RU1 Primary Production and RU2 Rural Landscape zones

 

Under the current NLEP 2010, the erection of an attached dual occupancy (two dwellings of any size attached to each other) or a secondary dwelling (a dwelling which can be detached from the primary dwelling with limited floor area) are permissible with consent within the RU1 Primary Production and RU2 Rural Landscape zones. However, a detached dual occupancy is prohibited.

 

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

 

It is considered that amending the land use table of the NLEP 2010 to permit detached dual occupancies with development consent in the RU1 and RU2 zones would result in the same positive outcomes as secondary dwellings, while allowing landowners greater freedom in the development of their land.

 

It is to be noted that potential impacts on the natural, social, and economic environments associated with the construction of a detached dual occupancy are no different to that of a detached secondary dwelling; all of which would be considered by Council prior to determining the development application. It should also be noted that Councils current development controls within the Nambucca Development Control Plan 2010 (DCP) and relevant State Environmental Planning Policies are sufficient to ensure the development of detached dual occupancies will not result in any significant impacts on the natural, social or economic environments of the locality in which they are located.

 

Furthermore, due to the current ability to have an attached dual occupancy and secondary dwelling within the RU1 and RU2 zones, it is not considered that permitting detached dual occupancies will result in any increased demands on public infrastructure or services, or any significant increase in rural housing supply than what could already occur. Having regard to this, it is currently permissible to grant development consent for 3 or more detached dwellings on land within the RU1 and RU2 zones which have an area greater than 10 hectares and comply with the provisions of the State Environmental Planning Policy No 15—Rural Landsharing Communities (SEPP). However, it is not permissible to grant development consent for 2 detached dwellings under the SEPP or the NLEP 2010.

 

Please note that under Councils current development contribution plans, the establishment of a detached dual occupancy will attract payment of development contributions as part of any development consent for a detached dual occupancy. Furthermore, the existing subdivision development standards will remain in force. This means that the subdivision of land to locate the detached dwellings onto separate allotments will only be permissible if it is already permissible to subdivide the land; therefore ensuring rural land fragmentation will not occur as a result of permitting detached dual occupancies.

 

As such, it is recommended that Council amend the land use table for the RU1 Primary Production and RU2 Rural Landscape zones by including dual occupancies (detached) as permissible with consent.

 

h          Rezone privately owned land zoned E1 National Parks and Nature Reserves to R1 General Residential and E3 Environmental Management

 

Lot 157 DP 755560 – 31 Tuna Street, Valla Beach is privately owned and contains areas of land zoned R1 General Residential, E1 National Parks & Nature Reserves, and E3 Environmental Management.

 

The NLEP 2010 was produced as a best fit transfer from the NLEP 1995. As such, the intent was for the land to be zoned R1 General Residential with a strip of E3 Environmental Management over a riparian corridor which dissects the site. However, during the preparation of the NLEP 2010 the NSW Land and Property Information Services had incorrectly mapped the cadastre boundary of the adjoining National Park 20m to the west of its actual location. This resulted in the position of the E1 National Park and Nature Reserve zone incorrectly encroaching within Lot 157 DP 755560. This is shown in the aerial photo below.

In order to rectify this error, it is recommended that Council amend the land zoning map by removing the E1 National Parks & Nature Reserves zone from Lot 157 DP 755560 and replace it with the corresponding R1 General Residential and E3 Environmental Management zones.

 

i.          Amend the land use table to make eco-tourist facilities permissible within the RU1 Primary Production, RU2 Rural Landscape, and R5 Large Lot Residential zones

 

Under the NLEP 2010, ‘tourist and visitor accommodation’ means:

A building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:

(a)  backpackers’ accommodation

(b)  bed and breakfast accommodation

(c)  farm stay accommodation

(d)  hotel or motel accommodation

(e)  serviced apartments but does not include:

(f)        camping grounds, or

(g)       caravan parks, or

(h)       eco-tourist facilities.

 

Amendment No 7 of the NLEP 2010 was to allow ‘Tourist and Visitor Accommodation’ as permissible with consent in the RU1 Primary Production Zone, RU2 Rural Landscape Zone, and R5 Large Lot Residential Zones but prohibit the land uses ‘backpackers accommodation’, ‘hotel and motel accommodation’ and ‘serviced apartment’. By preparing the land use tables in this way farm stay accommodation’, ‘bed and breakfast accommodation’ and any other form of tourist accommodation which did not fall within the definition of a prohibited land use became permissible uses.

 

The definitions of ‘farm stay accommodation’ and ‘bed and breakfast accommodation’ are as follows:

 

Farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.

Bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where:

(a)  meals are provided for guests only, and

(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and

(c)  dormitory-style accommodation is not provided.

 

It is to be noted that clause 5.4 of the NLEP 2010 restricts guest accommodation within farm stay accommodation to no more than 5 bedrooms and no more than 3 bedrooms for bed and breakfast accommodation.

 

The intent of Amendment No 7 was to promote alternative forms of temporary accommodation in rural areas, such as tourist cabins, as it was considered that ‘farm stay accommodation’ and ‘bed and breakfast accommodation’ were too restrictive in the development of tourism in the rural areas of the shire.

 

However, having regard to the definition of ‘tourist and visitor accommodation’ and the definition of ‘hotel or motel accommodation’; it is not considered that there are other forms of tourist and visitor accommodation which are permissible as it is considered that they would fall within the definition of ‘hotel or motel accommodation’ which is a prohibited land use.

 

The definition of ‘hotel or motel accommodation’ is:

Hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that:

(a)  comprises rooms or self-contained suites, and

(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,

but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.

 

As can be seen in the above definitions, to be considered to be ‘tourist and visitor accommodation’ it must be a building or place that provides temporary or short-term accommodation on a commercial basis. If it contains rooms or self-contained suites it would be considered to be ‘hotel or motel accommodation’ (regardless of whether meals or parking were provided) unless it were to fit within another land use definition outlined within the ‘tourist and visitor accommodation’ definition.

 

In order to permit alternative forms of temporary accommodation in rural areas (such as self-contained cabins) in a manner which will not be contrary to the rural planning principles, Council has the following options:

 

·      Amend the land use table by making ‘hotel or motel accommodation’ permissible with consent in the above zones; or

·      Amend the land use table by making an ‘eco-tourist facility’ permissible with consent in the above zones.

 

Alternatively, Council can maintain the land use table in its current form which only permits ‘farm stay accommodation’ and ‘bed and breakfast accommodation’ within the RU1 Primary Production, RU2 Rural Landscape, and R5 Large Lot Residential Zones.

 

Considering the NSW Department of Planning LEP Practice Note PN 09-006 recommends ‘eco-tourist facility’ be included as permissible with consent within the land use table for the above zones and that the DCP does not have sufficient development controls to sufficiently regulate the suitable development of ‘hotel or motel accommodation’ within a rural area; it is recommended that Council amend the land use table by making an ‘eco-tourist facility’ permissible with consent in the above zones.

 

The definition of an ‘eco-tourist facility’ is:

A building or place that:

(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and

(b)  is located in or adjacent to an area with special ecological or cultural features, and

(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.

It may include facilities that are used to provide information or education to visitors and to exhibit or display items.

 

Furthermore, if Council were to make an ‘eco-tourist facility’ permissible with consent; clause 5.13 of the NLEP 2010 would become applicable which would read as follows:

5.13   Eco-tourist facilities

(1)  The objectives of this clause are as follows:

(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out

(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.

(2)  This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.

(3)  The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that:

(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and

(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and

(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and

(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and

(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and

(f)   waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and

(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and

(h)  any infrastructure services to the site will be provided without significant modification to the environment, and

(i)   any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and

(j)   the development will not adversely affect the agricultural productivity of adjoining land, and

(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment:

(i)        measures to remove any threat of serious or irreversible environmental damage

(ii)       the maintenance (or regeneration where necessary) of habitats

(iii)       efficient and minimal energy and water use and waste output

(iv)      mechanisms for monitoring and reviewing the effect of the development on the natural environment

(v)       maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.

 

Please note that clause 5.13 is a mandatory clause which cannot be altered.

 

Having regard to the above, it is considered that amending the land use table by making an ‘eco-tourist facility’ permissible with consent within the RU1 Primary Production, RU2 Rural Landscape, and R5 Large Lot Residential Zones will promote tourist accommodation within the rural areas of the shire in a manner which will positively contribute to the local economy and be consistent of Councils previous resolution to support Amendment No 7 of the NLEP.

 

It is considered that clause 5.13 will provide sufficient grounds to regulate the location and size of eco-tourism developments to ensure they are suitable for the area in which they are to be located. Should Council wish to further regulate the location and size of such developments, an amendment to the DCP could be made in the future. However, it is not considered that such an amendment would be required at this time.

 

 

CONSULTATION:

 

The Nambucca Local Aboriginal Lands Council was consulted in regards to their land in Nambucca. The proposed zones shown in this housekeeping amendment in relation to their land was agreed to in principle on site. Although the amended plans were forwarded to the Lands Council staff are yet to receive a response to the draft maps.

 

The lands Council will be further consulted in relation to the proposed zones and standards during the exhibition period.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

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

 

Economic

 

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

 

Risk

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

NIL

 

Source of fund and any variance to working funds

 

NIL

 

Service level changes and resourcing/staff implications

 

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

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 27 August 2015

General Manager's Report

ITEM 9.4      SF2038            270815         Outstanding DA's greater than 12 months,
applications where submissions received
not determined from 4 August 2015 to 18 August 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

2015/067

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.

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/099

2 July 2015

132 Lot Residential Subdivision

Lot 1 DP 1119830, Marshall Way, Nambucca Heads

SUBMISSIONS RECEIVED/STAFF COMMENTS

Two public submissions has been received – they oppose the development

·        The increase in expected traffic raises major concerns re safety (particularly for the elderly and the young), congestion, parking within the Plaza and speeding.

·        Concerned that there isn’t enough local infrastructure and services to support new residents eg doctors.

·        A community forum should be held to gauge dissatisfaction with the proposal

·        Spring Street isn’t wide enough to cope with the increased traffic

·        Stormwater in Spring Street and surrounding areas is already a problem

·        Concerned about the safety of turning out of Spring Street, when Marshall Way is a through road

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/097

30 June 2015

Environmental Protection Works

Lot 7 DP 248676 & Lot 3 DP 817508, 250 & 412 Gumma Rd Gumma

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the development

·           The structures will lead to a build-up of storm and flood water on their property

·           Marine and aquatic creatures will not be able to access waterways to breed

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/103

6 July 2015

Recreational Facility (Outdoor) – Shooting Range

Lots 262, 263 & 264 DP 755549, 132 Morans Road, Missabotti

 

SUBMISSIONS RECEIVED/STAFF COMMENTS

Fifty-one public submissions have been received – Forty-nine oppose the proposal and two support it. Additionally, two petitions have been lodged with Council – a paper petition, with approximately 256 signatures and an online petition, with 542 signatures. Both petitions oppose the proposal.

 

Oppose

·           Council should honour their Mission Statement and Community Strategic Plan and reject the application

·           A more thorough and comprehensive environmental assessment should be carried out physically on site – what has been provided lacks sound research

·           A mandatory process of community consultation should be initiated and installed, as procedure, between developers and impacted residents of any proposed development

·           A moratorium should be immediately established on the approval of developments in the catchment of the Bowra Dam and any catchments that supply water to the dam, that pose a risk of contaminating the rural and domestic water supply

·           No guarantees that lead and other metals will not end up in the water supply or will not otherwise affect flora and fauna – no containment system will be 100% effective

·           Regular heavy rain events could wash away the lead catchment mound

·           Safe transportation and storage of weapons have not been addressed

·           Property owner is neither a resident of Missabotti nor the Nambucca Shire

·           There is a well-equipped and under-utilised shooting range at Scotts Head, plus others at Kempsey and Bellingen

·           There is a large amount of local opposition – see objections, Facebook page and online petition

·           Bellingen, Missabotti and Morans Road unsuitable for the increase in traffic. Mirrors at the blind spot are unlikely to be maintained by the Pistol Club

·           Noise pollution will be unacceptable

·           No mobile phone reception in the area, therefore any emergency response to life-threatening situations will be limited

·           Development will reduce property values, possibly by 15 – 20%, as valued by real estate agent

·           Proposed effluent disposal method is inadequate

·           Gun ownership should be discouraged by all levels of government

·           Gun owners from outside the Shire will use the facilities with firearms other than pistols

·           There are large numbers of wildlife who will be negatively impacted by the proposal

·           Children living nearby will be in danger from the people attending the club and the activities carried out

·           Inadequate access to the site is of concern particularly if fires occur

·           The activities at the site increase fire risk

·           Cost of works on the DA form seems under-valued

·           Proposed range is sited within an intermittent water course

·           Missabotti Hall will be under- utilised as patrons will be able to hear gunfire

·           70% of residents in the Missabotti Valley are aged 60 or over and want a peaceful and safe rural lifestyle – approving the DA would only lead to stress and anxiety for them

·           The development is in opposition to a stronger, more sustainable image for the Nambucca Shire

·           Council needs to demonstrate that it is committed to protecting the environment and not compromising natural assets

·           Evacuating the site during an emergency is problematic

·           Current site used at Gumma is polluted and has not been correctly maintained or cleaned up

·           It would have a detrimental effect on the amenity of the area

·           Clearing topsoil and removing natural bush would have a detrimental environmental impact

·           Residents do not support activities which could detract from the tranquillity and beauty of the hinterland region

·           Previous sound tests were inadequate – need to be carried out in a variety of situations and seasons

·           How is security to be addressed? Will the entire site be fenced off?

·           Guns may be stolen from vehicles which stop at local shops along the way to Missabotti

·           Is an appropriate authority able to ensure the development, if approved, complies with all requirements in an ongoing way, eg pollution, unapproved weapons, littering, numbers of shooters, etc?

·           Request that the DA be tabled and considered by all Councillors at a Council meeting

·           Roads have deteriorated further since the previous DA was lodged – these need to be addressed and additional bitumen laid to the proposed shooting range

·           Where will shooters be accommodated if there is a flash flood?

·           Flora and fauna report unacceptable – it has been peer reviewed and found wanting

·           Previous noise test was carried out with members using smaller calibre weapons than would ordinarily be used and firing fewer shots. The noise on properties on the flat was not surveyed. The noise test should be redone

·           Water Control Plan and Line of Sight Plan are not of a high enough quality for submission in a DA

·           Information submitted with DA is inadequate and contradictory

·           No provisions for access for people with disabilities

·           Better suited to an industrial site

·           Cattle will be disturbed by the noise

·           Hours of operation and scale of proposal are both excessive

·           Moran’s Bridge is a popular swimming hole in the summer – people there could be endangered by the extra traffic

·           Bowraville LALC were not consulted – they are the elders and protectors of the area and claim it is an area of significance

·           There is no benefit to the people of Missabotti from the development

·           Section 94 contributions should be charged if the DA is approved

·           This is a remote site that is difficult to police

·           Safety concerns if alcohol is consumed – alcohol should be banned from the site.

·           Information that was required and not submitted with their previous DA (subsequently withdrawn) has not been adequately addressed in this application either.

·           If approved, local relationships will be damaged

·           Wildlife may be accidentally shot

·           Despite the property being 1500 acres, the proposed site for the range is very close to the boundary of the property – probably because the property owners don’t want it close to their homes

·           Distances and other data on the maps provided seem inaccurate

·           Doesn’t comply with the objectives of the RU2 land use zone

·           Any Councillors or staff members involved in shooting clubs should not be involved in assessing this DA

 

Support

·             Young people will be able to be taught professionally about firearms at the range.

·             One adjoining owner has no concerns about the range being next door.

·             The club has a very credible record of activity at Gumma with no complaints from surrounding landowners

·             Pistol shooting is a longstanding Olympic sport

·           Club is well structured and teaches members how to use firearms safely. They have a culture of concern for safety. All activities comply with the National Firearms Safety Code

·           Proposed site has a logging permit that addresses issues of flora and fauna protection

·           Only three properties are adjacent to the property and one of those is State Forest. Therefore, noise will be a minimal concern and will be less than that created by logging operations

·           Strategy for lead capture is entirely adequate and conforms to current best practice

·           No noticeable increase in traffic will occur and any traffic generated will do far less damage than logging trucks

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 27 August 2015

General Manager's Report

ITEM 9.5      SF1148            270815         Council Ranger's Report July 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 July 2015.

 

 

Recommendation:

 

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

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

2

6

Abandoned or Stray

0

7

Surrendered

0

5

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

2

18

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

3

Sold

0

4

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

0

Owner’s Request

0

0

Due to Illness, Disease or Injury

0

0

Feral/infant animal

2

0

Unsuitable for rehoming

0

5

Unable to be rehomed

0

3

Total Euthanased

2

8

Total Outgoing Animals

2

15

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

0

3

 

 

July 2015

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

BL-35-UZ

3106927560

No angle park as on parking control sign

104.00

3/07/2015

BG-83-BW

3106927589

No angle park as on parking control sign

104.00

3/07/2015

CPW-13K

3106927598

No angle park as on parking control sign

104.00

3/07/2015

     CIS-97J

3106927607

No angle park as on parking control sign

106.00

8/07/2015

BI-24-FP

3106927616

No angle park as on parking control sign

106.00

8/07/2015

1AZ-4CU

3106927625

No angle park as on parking control sign

106.00

8/07/2015

CJR-40Y

3106927634

No angle park as on parking control sign

106.00

8/07/2015

APG-90B

3106927643

Not park in direction of travel

177.00

8/07/2015

DB-8974

3106927661

No angle park as on parking control sign

106.00

8/07/2015

JMS-15

3106927670

No angle park as on parking control sign

106.00

8/07/2015

BA-29-SH

3106927680

No Stopping

248.00

8/07/2015

1EE-5PW

3106927699

No Stopping

248.00

8/07/2015

CVJ-96E

3106927708

No angle park as on parking control sign

106.00

8/07/2015

CD-99-UI

3106927717

Park longer than permitted

106.00

8/07/2015

CGR-56J

3106927726

Park longer than permitted

106.00

8/07/2015

JD-155

3106927735

Park longer than permitted

106.00

8/07/2015

UCX-518

3106927744

Park longer than permitted

106.00

8/07/2015

CHH-93L

3106927753

Park longer than permitted

106.00

8/07/2015

ZB-58-AP

3106927762

Park longer than permitted

106.00

8/07/2015

AB-78-BU

3106927771

No angle park as on parking control sign

106.00

15/07/2015

AV-04-KO

3106927780

No Parking

106.00

15/07/2015

AYU-24J

3106927790

No Stopping

248.00

15/07/2015

BV-28-QE

3106927809

Not park in direction of travel

177.00

15/07/2015

CD-83-GE

3106927845

Fail to comply with Notice P/place

110.00

22/07/2015

051-RUG

3106927854

No angle park as on parking control sign

106.00

22/07/2015

BU-64-DF

3106927863

No angle park as on parking control sign

106.00

22/07/2015

XZP-646

3106927872

No angle park as on parking control sign

106.00

22/07/2015

XMM-380

3106927881

No angle park as on parking control sign

106.00

22/07/2015

BVV-25U

3106927890

No Parking (School Zone)

319.00

22/07/2015

MP-7600

3106927900

No Stopping (School Zone)

319.00

22/07/2015

CMC-79Z

3106927919

No angle park as on parking control sign

106.00

22/07/2015

VTP-441

3106927928

No angle park as on parking control sign

106.00

22/07/2015

CXG-29M

3106927937

No angle park as on parking control sign

106.00

22/07/2015

CC-57-VU

3106927946

Loading Zone

177.00

22/07/2015

CPZ-26C

3106927964

No angle park as on parking control sign

106.00

22/07/2015

ZR-41-BE

3106927973

No Disable permit displayed

531.00

22/07/2015

ZJL-542

3106927982

No angle park as on parking control sign

106.00

22/07/2015

AD-34-YH

3106927991

No angle park as on parking control sign

106.00

22/07/2015

UHP-816

3106928000

No angle park as on parking control sign

106.00

22/07/2015

AE-34-QQ

3106928010

No angle park as on parking control sign

106.00

22/07/2015

CB-02-PS

3106928029

No angle park as on parking control sign

106.00

22/07/2015

 

3106927652

Fail to comply with notice

110.00

8/07/2015

 

3106927955

Fail to comply with notice in a public place

110.00

22/07/2015

 

 

 

TOTAL:

6054.00

 

 

July 2015

COMPANION ANIMALS

M/Chip No.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

900012000807489

3106927818

Dog not under control in a public place

220.00

21/07/2015

982009101524790

3106927827

Not registered

275.00

21/07/2015

N/A

3106927818

Not identified

165.00

21/07/2015

 

 

TOTAL:

660.00

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 27 August 2015

General Manager's Report

ITEM 9.6      SF2038            270815         2015 July - 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 July 2015 as at 12 August 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

24835/2015 - Development and Complying Development Applications Received - July 2015

 

  


Ordinary Council Meeting - 27 August 2015

2015 July - Development and Complying Development - Applications Received

 



Ordinary Council Meeting                                                                                                 27 August 2015

General Manager's Report

ITEM 9.7      SF2038            270815         2015 July - 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 July 2015 as at 12 August 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

24848/2015 - Construction Certificates and Complying Developments Approved - July 2015

 

  


Ordinary Council Meeting - 27 August 2015

2015 July - Construction And Complying Development - Certificates Approved

 




 


Ordinary Council Meeting                                                                                                 27 August 2015

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2126            270815         A New Way of Accounting for Wages Costs

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

Starting from this financial year the allocation of on costs associated with wages has been automated.  These costs will now be posted against the relevant cost centre weekly when the pay is run.  This replaces a manual system and provides more timely information.  The costs have not changed in value but to accommodate the new system some alterations will be made to how they are represented in the Budget at the September Review.

 

 

Recommendation:

 

That Council note the report.

 

 

OPTIONS:

This report is for information, no options are presented.

 

 

DISCUSSION:

With the start of the new financial year we have started using a feature of Authority that automatically adds the cost of staff entitlements to the labour cost when the payroll is processed.  

 

The advantage is that you know straight away what the total cost of staff time is.  This is good news for monitoring budgets and for costing works that will be invoiced to someone else.  This type of work includes private works contracts, natural disaster restoration works and jobs that need to be acquitted against grant funding.   This information is also useful when developing budgets for labour, this is critical when making sure a future works program matches the available manpower.  The information is also used when working out the value of constructed assets such as roads and assists in Council’s reporting and asset management processes.

 

The costs include annual leave, public holiday, long service leave, sick leave, superannuation and workers compensation.  Combined they add another 42% to the flat wage rates.  Previously these costs were periodically manually allocated, now they are automatically costed to the same work order or general ledger number as wages and the amounts appear in the oncost column.  The example below is a list of wage transactions relating to Corporate Services Section, the “value” column is the flat wage, the “oncost” column is the associated labour costs.

 

 

         

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

These on costs are not “extra’’ costs, each programs total budget should not change.  What has changed is the timing of when these wage associated expenses are costed and where in the program they are costed to.

 

The example below is the 2015-16 Tourism Budget, with the change to automated oncosts there will be no expenses charged to ELE Expense or ELE Provision, all these wage associated costs will be charged to Tourism Promotion Officer each time the pay is run.  

 

 

The changes within each Programs budget will be made at the September review.  That way there will be ll a chance to address any unforeseen problems.

 

It should be noted that Overheads still exist and won’t change. The terminology “overheads” and “oncosts” tend to be used interchangeably.  There are no hard and fast rules but to save confusion, at Nambucca

 

·   when we are talking about oncosts we are referring to those costs that arise from paying wages to staff; as mentioned before Annual Leave, Long Service Leave, Personal Leave, Superannuation, Public Holidays and Workers Compensation.

 

·   When we are talking about  overheads we are referring to the indirect operating costs that need to be recovered from the programs that use the services, examples are accounts payable, accounts receivable, corporate support from the BSU and supervision and management provided by those engineering staff that don’t directly charge their time to a particular job.  These are the costs that will not change and are represented in the above Tourism budget by Corporate Support and Community Services Staff Costs.

 

It is possible to allocate overheads using the automated Authority system and it may be the next project, however we wanted to get oncosts working first.  The reason we did oncosts first was because of the very tangible effect between wages and oncost, it is a simple mathematical relationship.  Allocating overheads is never that simple; so we are doing the easier one first.

 

How oncosts are calculated?

 

On costs are only charged on actual hours worked, they are not charged on annual leave, public holidays, superannuation and personal leave.

 

The calculation is done as a percentage of wages and because it is only a charge on actual hours worked the percentage has to be adjusted to recover the cost over those hours.

 

Step One – workout on average the time worked each year.

 

Total Year                                                                                                                      52 weeks

 

Less Annual Leave                                                                                                                   4 weeks             

(Untaken leave is recorded as a provision for the future cost when the leave is taken)

 

Less Personal Leave Taken                                                                                             2 weeks            

(Entitled to 3 weeks, 2013-14 average personal leave was 8.5 days)

 

Public Holidays                                                                                                                       2 weeks             

(10 days add 0.42 to account for those staff who get the Union Picnic Day)

 

Total week to base cost recovery over                                                                                      44 weeks

 

 

Step Two - calculate the percentage of wages to be charged

 

Annual Leave    =  4 weeks to be recovered over  44 weeks                                              = 9.1%

Public holiday   =  2 weeks to be recovered over 44 weeks                                              =  4.8%  

(the rounding error is a result of the Union Picnic Day)

Personal Leave =  2 weeks to be recovered over 44 weeks                                               =  4.5%

Superannuation = actuals run at 13% of wages to be recovered over 44 weeks                 = 15.4%

Worker compensation= actuals run at 3.6% of wages to be recovered over 44 weeks        = 4.2%

Long Service = average 1.75 weeks accrued per year recovered over 44 weeks                 = 4.0%

 

Total on cost to be recovered                                                                                         =42%

 

 

CONSULTATION:

 

Faye Hawthorne (accountant) configured Authority

Craig Doolan (Manager of Finance) adopted methodology and budget to accommodate the change.

Sam Steele (Payroll Officer) configured the Pay Module in Authority.

Dan Finlayson provided technical support for IT and established the test environments.

 

 

SUSTAINABILITY ASSESSMENT:

 

This report describes an accounting methodology there are no environment, social, economic or risk impacts.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The change not change costs but it will change where costs are recognised in the budget.

 

Source of fund and any variance to working funds

Nil

 

Service level changes and resourcing/staff implications

Nil

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 27 August 2015

Corporate Services

ITEM 10.2    SF251              270815         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:

 

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

 

2        That Council bring forward its meeting on 17 December 2015 to 15 December 2015 to coincide with the 100th anniversary of the constitution of the Council and for Councillors and staff to come to the meeting dressed in period attire.

 

3        The representative from Radio 2NVR who attends the meeting on 15 December judge the person with the best period attire and present an appropriate prize.

 

 

 

2015

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

27/08/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

10/09/2015

Council Chambers

5.30 PM

Access Committee

22/09/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

24/09/2015

Argents hill Hall

5.30 PM

Ordinary Council Meeting

15/10/2015

Council Chambers

5.30 PM

Access Committee

27/10/2015

Access Committee

2.00 PM

Ordinary Council Meeting

29/10/2015

Eungai Creek Hall

5.30 PM

Ordinary Council Meeting

12/11/2015

Council Chambers

5.30 PM

Vehicular Access to Beaches

13/11/2015

Council Chambers

1.30 PM

Access Committee

24/11/2015

Access Committee

2.00 PM

Ordinary Council Meeting

26/11/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

17/12/2015

Council Chambers

5.30 PM

 

Note:                Council’s Ordinary meeting will be held at ARGENTS HILL HALL on 24 September 2015

                         Council’s Ordinary meeting will be held at EUNGAI CREEK in 29 October 2015

 

An idea which has been discussed is moving Council’s scheduled meeting from 17 December 2015 to 15 December 2015 as the latter date is exactly the 100th anniversary of Nambucca Shire Council’s constitution.  To add a bit of novelty to the event it is suggested that Councillors and Council Staff come to the meeting dressed in period costume.  Of course in 1915 there were no female Councillors and the possibility of a female Mayor would have been as foreign as same sex marriage.  So the call is not for the ladies to cross dress (unless they want to) but to come in “Sunday Best” period attire.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 27 August 2015

Assistant General Manager Corporate Services Report

ITEM 10.3    SF323              270815         Nambucca Community and Arts Centre Committee of Management Annual General Meeting - 12 August 2015

 

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

 

Summary:

 

The report acknowledges the minutes of the Annual General Meeting (AGM) which was held on Wednesday 12 August 2015, of the Nambucca Community and Arts Centre Committee of Management.  Copies of the Minutes of this meeting and the Financial Statement are attached.

 

 

Recommendation:

 

That Council endorse the minutes of the Committee of Management for the Nambucca Community and Arts Centre’s Annual General Meeting held on 12 August 2015 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Nambucca Entertainment Centre Committee of Management was held on Wednesday 12 August 2015.

 

The Committee of Management for 2015/2016 comprises:

 

          President                                  Dianne Gulson

          Vice President                          Marlene Griffin

          Secretary                                  Mike Griffin

          Treasurer/Booking Officer         Carol McKee

          Committee Members:                Cr Anne Smyth, Wendy Garland, Arlene Duffus, Audrey Williams,

Harold Fowler, Pat Richardson, Tony Waugh

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels or resourcing.

 

 

Attachments:

1

25631/2015 - Minutes of AGM - 12 August 2015

 

  


Ordinary Council Meeting - 27 August 2015

Nambucca Community and Arts Centre Committee of Management Annual General Meeting - 12 August 2015

 





 


Ordinary Council Meeting                                                                                                 27 August 2015

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1621            270815         Off River Storage Adaptive Management - River Monitoring Committee Meeting 5 August 2015

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

Council’s licence for the operation of the off river storage stipulates that an Adaptive Management Plan that is capable of assessing the impact of increased extraction from the bores on the Nambucca River must be documented.

 

Furthermore Council must establish a River Monitoring Committee to oversight and advise Council on the implementation of the Plan. The initial meeting of the River Monitoring Committee was held on 5 August 2015 and the minutes are attached for the information of Council

 

 

Recommendation:

 

1        That Council adopt the minutes of the River Monitoring Committee Meeting held on 5 August 2015;

2        That Council adopt the Adaptive Management Strategy documented by GHD dated June 2012;

3        That Council’s Manager Water and Sewerage further investigate options to provide real time monitoring and report back to Council;

4        That the River Monitoring Committee meet annually in August;

5        That monitoring be conducted annually in late Spring to capture historical low flow period in the river; and

6        That the frequency of monitoring be reviewed at the next River Monitoring Committee meeting following the analysis of the data captured.

 

 

OPTIONS:

 

1        Adopt the minutes

2        Seek further clarification on particular items

 

 

DISCUSSION:

 

As the off river storage is currently being filled it was considered appropriate timing for the River Monitoring Committee to hold its first meeting and for the representatives of the State Government stakeholders to be introduced to Council.

 

The meeting discussed the background on Adaptive Management, what it is and why it is required, the Strategy prepared by GHD and the monitoring carried out by them to date.  Matters such as progress on dam filling, operation of the dam, the report on GHDs latest monitoring survey, a proposal for active adaptive management and the potential for real time monitoring were also discussed.  Details of these discussions are recorded in the minutes of the meeting.

 

 

CONSULTATION:

 

General Manger

Assistant General Manager Engineering Services

DPI – Water

DPI - Fisheries

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Adaptive Management process is aimed at ensuring that the environmental impacts of the operation of the off river storage are minimised.

 

Social

 

The Adaptive Management process has limited social benefit.

 

Economic

 

The monitoring required as part of the Adaptive Management process can have an ongoing impact on Council’s operation and maintenance budget for the dam.

 

Risk

 

Adoption of an Adaptive Management Plan mitigates the risk of Council inadvertently causing any environmental impact as a result of operating the off river storage.

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

Costs associated with the Adaptive Management Plan will be budgeted into the ongoing operation and maintenance costs for the off river storage.

 

Source of funds and any variance to working funds

 

Funding will be sourced from working funds.

 

Service level changes and resourcing/staff implications

 

There are no implications related to levels of service and resourcing.

 

Attachments:

1

25147/2015 - Minutes of River Monitoring Committee Meeting No.1 held on 5 August 2015.

 

  


Ordinary Council Meeting - 27 August 2015

Off River Storage Adaptive Management - River Monitoring Committee Meeting 5 August 2015

 



Ordinary Council Meeting                                                                                                 27 August 2015

Assistant General Manager Engineering Services Report

ITEM 11.2    SF1031            270815         Draft Water Supply Policy including Demand Management and Water Conservation

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

An updated and rationalised Water Supply Policy Document has previously been provided to Council for review and comment.  The policy now includes formal documentation of strategies in relation to Demand Management and Water Conservation.

 

At the Council meeting on 25 June 2015 Council resolved the following;

 

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.

 

To date no written comments have been received in regard to the policy and it is now proposed to place it on public exhibition.

 

 

Recommendation:

 

That Council approve the draft Water Supply Policy (TRIM 17106/2015) to go on public exhibition for the required period of 28 days.

 

 

OPTIONS:

 

No other options considered.

 

 

DISCUSSION:

 

No further discussion required.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Demand management and water conservation measures reduce the amount of water extracted for potable water supply and provide for increased environmental flows.

 

Social

 

Demand management and water conservation measures provide good social outcomes by ensuring that consumers take responsibility for their water usage and do not waste it.

 

Economic

 

Demand management and water conservation measures have the capacity to reduce potable water usage and may delay the need for expensive capital works projects required to satisfy the needs of increased water demand.  This can provide significant savings to the community.

 

Risk

 

Demand management and water conservation is not considered to be a significant issue for Council.  Residential water usage per property is well below the State medians and compares very favourably with neighbouring coastal Councils.

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

No significant changers to current demand management and water conservation practices are proposed so there is not expected to be any significant changes to the water supply budget in terms of capital works and operational costs.

 

There is the intention to continue to draw a dividend from the Water Fund to supplement the General Fund and this should be allowed for in the future.

 

Source of funds and any variance to working funds

 

No additional funding is required

 

Service level changes and resourcing/staff implications

 

There are no implications related to levels of service. 

 

 

Attachments:

1

17106/2015 - DRAFT Water Supply Policy

 

  


 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT WATER SUPPLY POLICY

 

 

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.’

 

 

1.0       Policy objective

 

            Refer Part A – Section 1.1

 

2.0       Related legislation

 

            Refer Part A – Section 1.2

 

3.0       Definitions

 

            Refer Appendix A - Definitions

 

4.0       Policy statement

 

            Refer Part A: Section 1.1 Clause 1.1.1

 

5.0       History

 

Over the years Council has had many policies related to water supply matters.  The NSW Office of Water encourages councils to comply with Guidelines for Best Practice Management of Water Supply & Sewerage.  This has bought about many changes in the way Council operates the water supply system and charges consumers for the supply of water and infrastructure provided.  This Water Supply Policy is a standalone document that provides consumers with all the information relating to water supply matters and its adoption will mean that the following specific policies will become redundant.

·   Water Account Charges - Faulty meters (Our Ref 25351/2007)

·   Rural Connection to Water Supply (Our Ref: 25358/2007)

·   Reimbursement of Water Saving Devices (Our Ref: 25360/2007)

·   Undetected Water Leakage (Our Ref: 20464/2013)

·   Water Accounts - Dialysis Patients Free Water Allowance (Our Ref: 25350/2007)

·   Water Policy - Water Service Connections (Our Ref: 25359/2007)

Department:

Engineering Services

Last Reviewed

Resolution Number

Author:

Manager Water & Sewerage Richard Spain

 

 

Document No.

17106/2015

 

 

First Adopted:

 

 

 

Resolution No:

 

 

 

Review Due:

 

 

 

TABLE OF CONTENTS

TABLE OF CONTENTS. 3

Part A - Preliminary Information.. 1

1.1         About this Document. 2

1.1.1      Purpose. 2

1.1.2      Title. 2

1.1.3      Outline. 2

1.1.4      Statutory Context 2

1.1.5      Consistency. 2

1.1.6      Review of this document 2

1.2         The Legislative Framework. 3

1.2.1      Local Government Act 1993. 3

1.2.2      Local Government (General) Regulation 2005. 3

1.2.3      Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005  4

1.2.4      Water Management Act 2000. 4

1.2.5      Water Act 1912. 4

1.2.6      Public Health Act 1991. 4

1.2.7      Fluoridation of Public Water Supplies Act 1957. 4

1.2.8      Residential Parks Act 1998. 4

1.2.9      Australian Drinking Water Guidelines 2004. 4

1.2.10        Australian Standard AS/NZS 3500:2003: Plumbing and drainage. 5

1.2.11        Australian Standard AUS- SPEC DM-2004: Design Manual 5

1.2.12        Australian Guidelines for Water Recycling: Managing Health and Environmental Risks 2006. 5

1.2.13        NSW Code of Practice Plumbing and Drainage 2006. 5

1.2.14        NSW Office of Water Guidelines for Best- Practice Management of Water Supply & Sewerage 2007. 5

1.2.15        NSW Guidelines for Urban and Residential Use of Reclaimed Water 1993. 5

1.2.16        State Environmental Planning Policies. 6

1.2.17        Environmental Planning and Assessment Regulation 2000. 6

1.2.18        Nambucca Shire Local Environmental Plan 2010. 6

1.2.19        Nambucca Shire Council Management Plan. 6

1.2.20        Nambucca Shire Council Development Control Plan 2010. 6

1.2.21        Nambucca Shire Council Development Servicing Plan for Water Supply - 2011. 6

1.3         Delineation of Responsibilities. 8

1.3.1      Council’s Water Supply System.. 8

1.3.2      Customer’s Water Supply System.. 8

Part B - What services are provided.. 10

2.1         Water supply services. 11

2.1.1      Supply of Drinking Water 11

2.1.2      All Water Through an Independent House Service Pipe. 11

2.1.3      All Water Connections to be Metered. 11

2.1.4      Cutting off or Restricting Water Supply. 11

2.1.5      Drinking Water Quality. 12

2.1.6      Drinking Water Pressure. 12

2.1.7      Life Support/ Dialysis. 12

2.1.8      Fire Hydrants and other fittings. 12

2.1.9      Reliance on Water Supply. 12

2.2         Factors affecting water supply service and infrastructure. 13

2.2.1      Repairs and Maintenance. 13

2.2.2      Unplanned Interruptions. 13

2.2.3      Planned Interruptions. 13

2.2.4      Mandatory Water Conservation Measures. 13

2.2.5      Restrictions during Drought or Emergency Situations. 13

2.2.6      Restrictions during Major Operational Difficulties. 14

2.2.7      Pipelines and Easements. 14

2.2.8      Catchment Areas, Pumping Stations and Reservoirs. 14

2.3         Water supply levels of service. 15

2.3.1      Council’s targeted levels of service. 15

Part C - Water Tariff and Billing.. 17

3.1         The Water Supply Tariff. 18

3.1.1      Tariff Structure. 18

3.1.2      Water Supply Charges. 18

3.1.3      Fire Service Charges. 18

3.1.4      Water Consumption. 18

3.2         Concessions, Rebates and Variations. 19

3.2.1      Pensioner Rebate. 19

3.2.2      Granny Flats. 19

3.2.3      Dialysis Customers. 19

3.2.4      Interim Access Charge Rebate Staged Development 19

3.2.5      Variations for Unforeseen Leaks Residential Properties. 20

3.2.6      Customers with Defective Meters. 20

3.3         Billing. 21

3.3.1      Your Account 21

3.3.2      Changes to Water Prices. 21

3.3.3      Overdue Accounts. 21

3.3.4      Financial Hardship. 21

3.3.5      Cutting off or Restricting Supply. 21

3.3.6      Additional Meter Readings. 22

Part D - Water Conservation & Demand Management. 23

4.1         General. 24

4.1.1      Council’s Approach. 24

4.2         Mandatory Water Conservation Measures. 26

4.2.1      Mandatory Water Conservation Measures. 26

4.3         Water Loss Management. 27

4.3.1      What is Water Loss?. 27

4.3.2      Leak Reduction Program.. 27

4.3.3      Pressure Reduction Program.. 27

4.3.4      Watermain Renewals Program.. 27

4.3.5      Meter Replacement Program.. 28

4.3.6      Customer’s Water System.. 28

4.4         Water Efficient Retrofit Program.. 29

4.4.1      Council Retrofit Program.. 29

4.4.2      Water Saving Fixtures Rebate Scheme. 29

4.5         Rainwater Tanks. 30

4.5.1      General 30

4.5.2      History. 30

4.5.3      Eligibility. 31

4.5.4      Properties Connected to Town Water Supply. 32

4.5.6      Rebate Amounts. 32

4.6         Greywater Reuse. 33

4.6.1      Owner’s Responsibility. 33

4.6.2      Council Approval 33

4.7         Community Education. 34

4.7.1      Education Initiatives. 34

4.8         Reclaimed Water. 35

4.8.1      Aims. 35

Part E - New Connections, Metering and Development Issues. 36

5.1         New Connections. 37

5.1.1      Water services installation. 37

5.1.2      Water meter installation. 38

5.1.3      Large water services. 38

5.1.4      Properties previously not rated for water supply. 38

5.1.5      Strata and multi residential developments. 39

5.1.6      Torrens title stratum developments. 39

5.1.7      Non connection to Council’s water supply system.. 39

5.1.8      Connections in rural areas. 39

5.1.9      Disinfection and pressure testing. 40

5.1.10        Fire services. 40

5.1.11        Water pressure certificate. 40

5.1.12        Cross-connection control 40

5.1.13        Multiple occupancy. 41

5.1.14        Easements. 41

5.1.15        Private water hydrants. 42

5.1.16        Private water meters. 42

5.2         Meter Issues. 43

5.2.1      Meter security. 43

5.2.2      Meter testing. 43

5.2.3      Meter replacements. 43

5.2.4      Meter relocation. 43

5.2.5      Multiple meters. 44

5.2.6      Upsizing/downsizing meters. 44

5.3         Development Issues. 45

5.3.1      Headworks & distribution charges. 45

5.3.2      Augmentation of water supply system.. 45

Part F - Drought Management. 46

6.1         Objectives and Notification. 47

6.1.1      Objectives. 47

6.1.2      Water Conservation and Demand Management 47

6.1.3      Declaring Measures for Drought Management 47

6.1.4      Notification. 47

6.2         Water Restrictions. 48

6.2.1      Introduction. 48

6.2.2      Water Restrictions Levels. 48

APPENDIX A – DEFINITIONS. 52

 


 

Part A - Preliminary Information

1.1     About this Document

1.2     The Legislative Framework

1.3     Delineation of Responsibilities

 

 

 

1.1      About this Document

 

 

1.1.1        Purpose

Nambucca Shire Council’s adopted mission is:

The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people”

Council has adopted various local policies, in accordance with the Local Government Act 1993 and Water Management Act 2000 that are relevant to the supply of drinking water and reclaimed water.

The purpose of this consolidated document is to bring together all Council policies relating to water supply into a single document and to allow Council’s customers and ratepayers to be reasonably aware of the existence of relevant regulations and local policies.

 

1.1.2        Title

This consolidated document is Nambucca Shire Council Water Supply Policy 2015 (The Water Supply Policy).

 

1.1.3        Outline

The Water Supply Policy generally covers those activities relating to the water supply system that can be done, those that cannot be done and those that require Council’s approval.

The Water Supply Policy is supported by Council’s detailed Procedures. These are listed in Council’s Procedure Document Register

 

1.1.4        Statutory Context

The Water Supply Policy is a local policy made under the Local Government Act 1993 (Chapter 7, Part 3).

The Water Supply Policy is a publicly available policy document under the Freedom of Information Act 1989.

 

1.1.5        Consistency

All Council’s policies are required to comply with the requirements of relevant Acts and Regulations and also to be consistent with the principles of ecologically sustainable development.

Where a local policy is inconsistent with the Local Government Act 1993 or  the Regulations, then to the extent to which it is inconsistent, it is void.

In addition, a local policy cannot to be more onerous than the Local Government Act 1993 or the Regulations.

 

1.1.6        Review of this document

This policy document will be reviewed annually as required as part of the Corporate Plan to ensure that it is up-to-date with current legislation and community expectations.

1.2      The Legislative Framework

 

 

Council provides water services appropriate to the current and future needs of local communities in accordance with the relevant Acts, Regulations and standards. Some of the relevant Acts, Regulations and standards are outlined below.

 

1.2.1  Local Government Act 1993

The Local Government Act 1993 outlines Council’s power to do a range of functions, including those relating to water supply. This includes Council’s power to:

construct water supply works (Chapter 6, Part 3, Division 2),

specifies when certain approvals are required (Chapter 7, Part 1, Division 1)

order a person to connect to the water supply system if the premises are within 225 metres of a water pipe of the Council (Chapter 7, Part 2)

authorise an employee to enter any premises to carry out water supply work (Chapter 8, Part 2)

transfer a return on capital invested payment (dividend) from the Water Fund to the General Fund subject to compliance with Government guidelines (Chapter 13, Part 3)

charge for water services, in particular by the quantity of water supplied and an annual service charge (Chapter 15)

levy water charges for vacant land within 225 metres of a water pipe of the Council (Chapter 15, Part 5, Division 2)

exempt certain types of land from water supply charges (some types of land must be exempt, for example land owned by the Crown, not being land held under a lease for private purposes) (Chapter 15, Part 6)

charge a fee for service (Chapter  15, Part 10, Division 2)

prosecute for work not carried out by licensed tradespeople, interference or damage to any water supply property (including the meter) or negligently wastes or misuses water from a public water supply (Chapter 16, Part 3)

 

1.2.2  Local Government (General) Regulation 2005

The Local Government (General) Regulation 2005, made under the Local Government Act 1993, further outlines and defines Council’s powers regarding the provision of water services. This includes

installation of water meters on all connections (Part 2, Division 3)

approvals relating to water supply work (Part 2, Division 3)

adoption of the Building Code of Australia (Part 2)

the power relating to orders (Part 3, Division 1)

information to be shown on the bill (Part 5)

water restrictions, fire hydrants and inspections (Part 6)

work to be carried out in accordance with the NSW Code of Practice Plumbing and Drainage (Schedule 1, Part 2)

 

1.2.3     Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005

This Regulation outlines standards of design for Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings. Provisions relating to water supply include:

a manufactured home estate must be connected to a mains water supply (Part 2, Division 3, Subdivision 4) and the water supply works must be installed in accordance with the Plumbing and Drainage Code of Practice (Part 2, Division 4, Subdivision 3)

no part of a dwelling site or community building within a manufactured home estate may be situated more than 90 metres from a fire hydrant (Part 2, Division 3, Subdivision 5)

a caravan park or camping ground must be connected to a mains water supply and the works must be installed in accordance with the Plumbing and Drainage Code of Practice (Part 3, Division 3, Subdivision 4)

no part of a dwelling site, camp site or community building within a caravan park or camping ground may be situated more than 90 metres from a fire hydrant (Part 3, Division 3, Subdivision 8)

 

1.2.4  Water Management Act 2000

The Water Management Act 2000 is to provide for the sustainable and integrated management of the water sources of the State and regulates the extraction of water from the natural environment. The Act also contains provisions relevant to Council relating to developer contributions for water supply works (Chapter 6, Part 2, Division 5).

 

1.2.5  Water Act 1912

The Water Act 1912 is to be repealed on the whole commencement of Schedule 7 of the Water Management Act 2000. The Water Act 1912 currently has provisions relating to licences for water supply, including bores.

 

1.2.6  Public Health Act 1991

The Public Health Act 1991 contain provisions relating to the safety of drinking water and the functions of the Chief Health Officer if there are any possible risks to health involved in the consumption of drinking water.

 

1.2.7  Fluoridation of Public Water Supplies Act 1957

The Fluoridation of Public Water Supplies Act 1957 provides for the Secretary of the Department of Health to approve or direct a water supply authority to add fluorine to any public water supply.

 

1.2.8   Residential Parks Act 1998

The Residential Parks Act 1998 sets out the respective rights and obligations of park owners and residents, including the payment of water availability and water consumption charges (Part 4, Division 2).

 

1.2.9  Australian Drinking Water Guidelines 2004

The 2004 Australian Drinking Water Guidelines have been developed by the National Health and Medical Research Council in collaboration with the Natural Resource Management Ministerial Council and provides the Australian community and the water supply industry with guidance on what constitutes good quality drinking water.

Council is committed to providing water in accordance with the Australian Drinking Water Guidelines.

1.2.10     Australian Standard AS/NZS 3500:2003: Plumbing and drainage

Australian Standard AS/NZS 3500:2003 provides plumbing and drainage solutions that will satisfy the performance requirements outlined in the Plumbing Code of Australia.

However, the responsibility for regulation for on site plumbing remains with the states and territories. NSW has adopted the NSW Code of Practice Plumbing and Drainage 2006, which is based on AS/NZS 3500, with State variations and additional provisions.

 

1.2.11   Australian Standard AUS- SPEC DM-2004: Design Manual

The Port Macquarie-Hastings Councils AusSpec Design Manual provides guidance, procedures and quality checklists for the design of civil infrastructure works. Of particular relevance is D11 regarding water supply reticulation design and C401 regarding water supply reticulation construction.

 

1.2.12   Australian Guidelines for Water Recycling: Managing Health and Environmental Risks 2006

These national guidelines, released in November 2006, outline a best practice framework for the supply, use and regulation of reclaimed water schemes.

The guidelines cover the monitoring and management of health and environmental risk, as well as communication and community consultation issues.

 

1.2.13   NSW Code of Practice Plumbing and Drainage 2006

The NSW Code of Practice Plumbing and Drainage 2006 outlines the requirements for, among other things, work on drinking water supplies and reclaimed water systems.

Provisions covered in the code include: fire service installation, backflow prevention devices, meters, multiple occupancy, rainwater harvesting installations, materials to be used and the sizing of water services.

 

Under the Local Government Act 1993, the prior approval of Council is required for any plumbing work involving water supply or reclaimed water systems and the work must be carried out in accordance with the NSW Code of Practice Plumbing and Drainage 2006. Environmental planning instruments (State environmental planning policies (SEPP), regional environmental plans (REP) and local environmental plans (LEP)) are legal documents that regulate land use and development. Generally a SEPP prevails over a REP and the REP prevails over a LEP, if there is an inconsistency.

 

1.2.14   NSW Office of Water Guidelines for Best- Practice Management of Water Supply & Sewerage 2007

The Guidelines for Best-Practice Management of Water Supply and Sewerage 2007 encourage continuing improvement in performance and identify 11 criteria for best-practice management of water supply and sewerage. The criteria include guidelines for the structure of the water tariff, strategic business planning and drought management.

 

1.2.15   NSW Guidelines for Urban and Residential Use of Reclaimed Water 1993

These guidelines set out the requirements for reclaimed water use in NSW, including water quality and permissible uses.

 

1.2.16   State Environmental Planning Policies

The Minister for Planning makes SEPPs  to deal with issues significant to the state and people of NSW. Many may be relevant to the provision of water services. For example, Division 24 (Clauses 124 & 127) of Part 3 of SEPP (Infrastructure) 2007 contains State- wide planning controls relating to water supply systems.

 

1.2.17   Environmental Planning and Assessment Regulation 2000

The EPA Regulation contains provisions requiring the submission of, and compliance with, a BASIX certificate, which is designed to achieve more sustainable development, including reduced consumption of mains supplied potable water.

 

1.2.18   Nambucca Shire Local Environmental Plan 2010

The Nambucca Shire Local Environmental Plan 2010 has been prepared to guide planning decisions in the local government area.

One of the objectives of the LEP is to ensure that development occurs in a coordinated and efficient manner and that costs are borne equitably (clause 13).

LEPs are prepared by councils to guide planning decisions, through zoning and development controls. Development control plans (DCPs), prepared in accordance with the Environmental Planning and Assessment Act, are also used to help achieve the objectives of the local plan by providing specific, comprehensive requirements for certain types of development or locations eg for urban design, and heritage precincts and properties

In accordance with the LEP, Council cannot grant consent for a development unless satisfactory arrangements are made for the provision of water supply, if the proposed uses of the land will, in the opinion of Council, generate a need for water supply.

 

1.2.19   Nambucca Shire Council Management Plan

Every year, Council prepares a draft Management Plan outlining Council's activities for at least the next 3 years, and the revenue policy for the next year. This includes fees and charges for all of Council’s activities, including water supply and reclaimed water. The draft Management Plan is exhibited and comments are invited from the public prior to it being adopted by Council.

 

1.2.20   Nambucca Shire Council Development Control Plan 2010

The Nambucca Shire Council Development Control Plan (DCP) 2010 makes more detailed provisions to achieve the purposes of the LEP and specifies criteria that the Council takes into consideration.The DCP makes provisions for energy and water efficient residential buildings, for residential buildings where State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 does not apply.

 

1.2.21   Nambucca Shire Council Development Servicing Plan for Water Supply - 2011

Council has prepared a Development Servicing Plan, in accordance with State Government guidelines, which details the water supply developer charges to be levied on development areas utilising a Council’s water supply infrastructure.The developer charges cover the cost of providing the water supply capacity either within Council’s existing water supply system or through future capital works.

Section 64 of the Local Government Act 1993 enables local government to levy developer charges for water supply infrastructure. This power is derived from a cross-reference in that Act to section 306 of the Water Management Act 2000.

 

1.3      Delineation of Responsibilities

 

 

1.3.1   Council’s Water Supply System

Nambucca Shire Council water supply is drawn from 10 bores located adjacent to the Nambucca River upstream of Bowraville.

The water supply headworks is located close to the borefield and it is here that the bore water is collected treated and pumped to twin high level reservoirs located on Balance Tank Road.  The water treatment involves the addition of lime to reduce water hardness, dosing with sodium hypochlorite for disinfection purposes, fluoride dosing in accordance with NSW Health requirements and pH correction using carbon dioxide gas.

From the Balance Tank Road reservoirs the water is able to be gravity fed via trunk water supply mains to the service reservoirs located in each main urban area supplied with town water.  These are Bowraville, Macksville, Nambucca Heads, Hyland Park, Valla Beach and Scotts Head.  The water from the town reservoirs travels through reticulation mains located in the street verge to the consumers property.

Council has recently completed the construction of an off river storage to provide security of supply for the Shires water supply.  During periods when flow in the river is not low Council pumps water from the borefield to the off river storage where it is stored for use in drought conditions or when river flows are low.

Once this storage is in operation Council will not pump water from the bores when the flow in the river drops below pre-determined minimum environmental flows.  These environmental flows are required to protect the river's ecosystem, including fish, and aquatic plants.  A river flow gauging station is located directly downstream of the borefield to continuously monitor river flows and this will be used to assist in the control pumping operations this will be

Council is responsible for the operation and maintenance the off river storage and all the pumps, reservoirs and equipment required to deliver water to its customers. Council also manages and maintains the water pipe network up to and including the water meter at the consumers property.

 

1.3.2   Customer’s Water Supply System

The property owner is responsible for maintaining all of the pipes and fittings, including backflow prevention devices, between Council’s water meter and the buildings and taps on your property. This is referred to as the internal property water system.

Council retains ownership of the water meter however the property owner is also responsible for any damage to the water meter or damage caused by a failure in internal property water system.

 

Figure 1: Diagram showing ownership and responsibility

(adapted from the NSW Code of Practice Plumbing and Drainage 2006)

 

 

Part B - What services are provided

2.1     Water supply services

2.2     Factors affecting water supply service

2.3     Water supply levels of service

 

2.1      Water supply services

 

 

2.1.1   Supply of Drinking Water

Nambucca Shire Council will supply a customer with drinking water to meet a customer’s reasonable needs except:

in the case of planned or unplanned interruptions;

in the case of drought or major operational difficulty;

where Council is entitled to restrict or discontinue supply; or

in the case of events beyond Council’s reasonable control.

 

2.1.2   All Water Through an Independent House Service Pipe

Where your property has a direct street frontage to Council’s water supply system, you must ensure the connection from Council’s water supply system to your water supply system is by an independent house service pipe (refer Local Government (General) Regulation 2005 clause 152).

 

2.1.3   All Water Connections to be Metered

All water services within the Nambucca Shire Local Government area are to be individually supplied and metered in an approved manner in accordance with the NSW Code of Practice Plumbing and Drainage 2006 and AS 3500.

The installed water meter always remains the property of Council. It is an offence under the Local Government Act 1993 to remove or tamper or interfere with the installed meter. Any person found removing or tampering or interfering with the meter may be subject to legal action.

As the property owner, you must ensure that your water meter is not used to measure the quantity of water supplied by the Council to other premises (refer Local Government (General) Regulation 2005 clause 156).

Mains that service dedicated fire hydrant or sprinkler systems shall be installed with a metered bypass around a dualcheck valve in accordance with the NSW Code of Practice Plumbing and Drainage 2006 and AS 3500.

Council will work with property owners whose fire services do not comply with the standard, with the view to installing a standard meter layout at the owner’s cost.

 

2.1.4   Cutting off or Restricting Water Supply

Council may cut off or restrict the supply of water to premises (refer Local Government (General) Regulation 2005 clause 144):

if any water supply charges in respect of the premises are unpaid, or

if the water supply customer fails to comply with a lawful order or requirement of Council to repair or alter water connections, pipes, fittings or fixtures connected to Council’s water supply system, or to remove, replace, alter, extend, repair or stop using a water pipe, fitting or fixture.

if any water meter used to measure that supply has been tampered with so that it incorrectly registers the supply of water.

 

2.1.5   Drinking Water Quality

The drinking water that Nambucca Shire Council supplies will comply with the health, taste and odour related guidelines provided in the 2004 Australian Drinking Water Guidelines, developed by the National Health and Medical Research Council in collaboration with the Natural Resource Management Ministerial Council.

 

2.1.6   Drinking Water Pressure

Council will use its best endeavours to ensure that the drinking water supplied to your property is at a minimum pressure of 120 kilopascals (12 metres head of water) at the point of connection to Council’s water supply main, under normal operating conditions.

A number of designated low water pressure areas have been identified in various locations due to the ground elevation of the affected properties. In these locations property owners that want an increased pressure are required to install and maintain approved private booster pump arrangements at their own cost.

Pressure pump arrangements shall not be connected directly to the water supply system.  A break tank shall be provided and located on private property with an “over the top” feed and suitable air gap.

 

2.1.7   Life Support/ Dialysis

If you require a water supply to operate a life support machine you should notify Council.

Council will include you on our list of critical customers and ensure all practical steps are taken to provide you with an uninterrupted water service.

You will receive advance notification of any planned interruption to the water supply service.

In addition, Council will make best endeavours to contact you as soon as possible in the event of any unplanned interruption and make alternative arrangements for your supply.

For customers on a dialysis machine, Council has also agreed to a reduction in the usage component of your water bill (refer to Part C of this document).

 

2.1.8   Fire Hydrants and other fittings

Council installs and maintains hydrants in its water mains at convenient distances and places for the ready supply of water to extinguish fires and for operational purposes. Hydrants are installed in accordance with the Australian Standard 2419.

The only people approved to access or operate fire hydrants are members of the NSW and Rural Fire Brigades and Council’s water supply staff. Council’s water supply staff are the only persons approved to access or operate all other water supply fittings, including stop valves.

 

2.1.9   Reliance on Water Supply

If you are heavily dependent on a continuous supply of water (say, for manufacturing or operational processes), it may be in your interests to consider contingency arrangements independent of the town water supply in the event of an interruption to the water supply. Any such arrangements would be at your cost and may need Council approval.

2.2      Factors affecting water supply service and infrastructure

 

 

2.2.1   Repairs and Maintenance

If Nambucca Shire Council undertakes any work on or adjacent to your property, Council will leave the affected area and immediate surrounds as near as possible to the state which existed prior to the works being undertaken, unless Council has agreed to a different arrangement with you.

 

2.2.2   Unplanned Interruptions

If there is an unplanned interruption to your water supply service, Council will attempt to minimise the inconvenience to you by:

 

restoring the service as quickly as possible;

providing as much information as practicable with available resources, such as how long the interruption is likely to last, based on the best information available at the time;

flushing the water supply system to reduce the impacts of possible dirty water caused by such events.

 

2.2.3   Planned Interruptions

Council may need to arrange planned interruptions to your water supply services to allow for planned or regular maintenance of the water supply system.

Council will use its best endeavours to inform you of the expected time and duration of any planned interruption, prior to the work being undertaken, in accordance with Council’s target levels of service (refer to Section 2.3 in this Part of the document).

 

2.2.4   Mandatory Water Conservation Measures

In accordance with Council’s adopted water conservation and demand management strategy and due to the limited capacity from time to time of the water supply scheme to meet water supply needs of users on an “unrestricted basis” and to also recognise the ongoing need to reduce water wastage, Nambucca Shire Council has instituted “Mandatory Water Conservation Measures” (refer to Part D of this document).

 

2.2.5   Restrictions during Drought or Emergency Situations

Council may interrupt, limit or place restrictions on the supply of water including

 

the purposes for which the water can be used, or

the times when the water can be used, or

the  methods  by which the  water  can  be used, or

the quantities of the water that can be used.

These restrictions may be applied if there is a drought, or if the available stored water, or the available capacity of supply, is so limited as to make extraordinary measures necessary in the general interest of water consumers.

If restrictions are to be applied, Council will publish a notice in a newspaper circulating within Council’s area.

 

2.2.6   Restrictions during Major Operational Difficulties

Council may need to shut down a water supply source in the event that a major operational difficulty occurs. If customer demands for water are high at the time of such an event, Council may interrupt, limit or place restrictions on the supply or use of the water supply to you until such time as the operational difficulty is over.

 

2.2.7   Pipelines and Easements

The location and protection of water supply infrastructure remains the responsibility of the person and/or organisation undertaking any excavation or associated works. The “PPP” approach of “Plan, Pot-Hole and Protect” must be applied at all times when works are undertaken in the zone of influence associated with any water supply infrastructure.

Upon request Council will provide plan details and/or onsite locations to assist with the location of water supply infrastructure including buried pipelines and associated fittings.

However any damage and/or subsequent failure of these assets due to excavation or other site works will be rectified by Council and the cost of such rectification works will be charged to those identified responsible for such damage and/or failure.

Special conditions including building, structures and excavation exclusion zones apply to all water supply pipelines and/or easements in favour of Council on public and private land.

 

2.2.8   Catchment Areas, Pumping Stations and Reservoirs

The Council owned land including the catchment areas surrounding the water supply off-creek storage dams is a special protection zone, which assists in ensuring the quality of drinking water supplied to consumers, as such public access to this land will be restricted and strictly controlled at all times.

Similarly public access to other water supply sites and infrastructure including; river intakes, pumping stations, water treatment plants and reservoirs will be restricted and strictly controlled at all times.

In general it will not be permissible to install other equipment and/or infrastructure inside, attached or upon water supply infrastructure.

 

2.3      Water supply levels of service

 

 

2.3.1   Council’s targeted levels of service

The target levels of service for the Nambucca Shire Council water supply system are summarised in the table below. These levels of service are set out in Council’s Strategic Business Plan for Water Supply and are targets that Council aims to achieve. They are not intended to form a formal customer contract.

 

Description

Unit

Level of Service

Availability of Supply

Normal Quantity Available

Domestic annual

Fire Fighting

Compliance with Building Codes and Fire Brigade requirements

Pressure

Minimum pressure

(Measured at a flow rate of 0.15 L/s per tenement at Council’s watermain adjacent to property boundary.)

Maximum static pressure

 

 

 

kL/tenement/year

 

% of service area

Metres head Metres head

 

 

 

200

 

100%

 

 

12

 

 

60

Restrictions

Refer to Part G of this Document

No longer than 5% of the time, not more often than once in 10 years, at least 80% of normal quantity is available (Water Supply Secure Yield design parameters).

Interruptions

 

 

 

Days

 

 

 

2

Planned Interruption

Notice to domestic customers

Notice to commercial customers

Days

2

Notice to industrial customers

Days

2

Notice to special customers

Days

7

(Special customers include schools, nursing homes and

 

 

home dialysis patients and are given a personal notice.)

 

 

Maximum duration

Hours

6

Maximum frequency

Customers/year

1

Unplanned Interruption

 

 

Maximum duration during working hours

Hours

4

Maximum frequency

Number/year

2

 

 

Description

Unit

Level of Service

Response Times

 

 

 

Hours

 

 

 

2

Supply Interruptions

Working hours

After hours

Hours

2

Minor problems/general inquiries

 

 

Oral

Work days

5

Written

Work days

10

Time to provide new connection in serviced area

 

 

for 80% of requests

Working days

5

Water Quality

Microbiological

 

 

% of samples

 

 

100%

 

Part C - Water Tariff and Billing

 

3.1     The Water Tariff

3.2     Concessions, Rebates and Variations

3.3     Billing

3.1      The Water Supply Tariff

 

 

3.1.1   Tariff Structure

Council’s adopted water supply tariff structure has the following attributes:

 

That all properties that have a frontage to a water main and to which a water service can be provided with be levied the water supply “Access Charge”, with the exception of land that is zoned 1(a3).

The tariff applies to all customers irrespective of their end use of the water (that is, the same tariff applies to residential, commercial or industrial uses) or where the customers live (for example, rural areas pay the same as urban areas).

The tariff has two parts, an annual “Access Charge” and consumption “Usage Charge”.

Normally the Access Charge is dependent on the customer’s meter size, being reflective of the customer’s demands on the system. The Access Charge is proportional to the square of the size of the customer’s water meter.

The Usage Charge is applied to the amount of water measured through the water meter.

Where customers do not have an individual meter (eg older Strata Units) they will be charged as if they had an individual 20mm meter.

 

Council has worked to achieve the criteria for best-practice management. This include that at least 75% of the total residential revenue should be recovered from residential water “Usage Charges”.

 

3.1.2   Water Supply Charges

The water supply charges that apply are determined each year through the Corporate Plan process in accordance with the Local Government Act 1993.

 

3.1.3   Fire Service Charges

All water supplied for fire services is to be metered and measured.

The Access Charge for a dedicated fire service will be charged at the same rate as 20mm metered service.

 

3.1.4   Water Consumption

The annual water consumption for a property is taken to be the meter readings taken during that year and not necessarily to the water consumed during that year. This allows for variations in the meter reading cycle.

3.2      Concessions, Rebates and Variations

 

 

3.2.1   Pensioner Rebate

In accordance with the Local Government Act 1993, Council provides eligible pensioners with a reduction up to $87.50 for water supply charges.

 

The statutory pensioner rebate scheme is funded by the State Government (50%), the Federal Government (5%) and Council (45%).

An “eligible pensioner” is prescribed in the Local Government Act 1993 and the Local Government (General) Regulations 2005 as a person who is the owner and occupier of the dwelling as their principal place of living, and:

who receive a pension, benefit or allowance under the Commonwealth Social Security Act 1991, or a service pension under the Commonwealth Veterans’ Entitlements Act 1986, and who are entitled to a pensioner concession card issued by the Commonwealth, or

who receive a pension from the Department of Veterans‟ Affairs as:

the widow or widower of a member of the Australian Defence or Peacekeeping Forces, or

the unmarried mother of a deceased unmarried member of either of those Forces, or

the widowed mother of a deceased unmarried member of either of those Forces,

and do not have income and assets that would prevent them from being granted a pensioner concession card (assuming they were eligible for such a card), or

who receive a general rate of pension adjusted for extreme disablement under section 22 (4) of the  Veterans’ Entitlements Act 1986 of the Commonwealth, or a special rate of pension under section 24 of that Act.

 

3.2.2   Granny Flats

Council shall treat a single residential property that includes a “granny flat” as a single residential property for charging the water Access Charge.

A “granny flat” is defined as a habitable occupancy within a rateable assessment that is occupied by a dependant relative and where no financial remuneration is paid by that person/s to occupy the occupancy.

Council requires that ratepayers apply annually for classification as a granny flat for water tariff purposes.

Where a single residential property includes a flat that does not meet the criteria above and is assessed to be a dual occupancy, two Access Charges will be applied.

 

3.2.3   Dialysis Customers

For customers on a dialysis machine Council will provide up to 100 kL of water per year at no charge.

 

3.2.4   Interim Access Charge Rebate Staged Development

On properties subject to staged development and where the water service has been sized to serve ultimate requirements, the water Access Charge may be reduced each year to the equivalent of the rate for the size of the service required for that stage of the development that has Council approval.

 

An application for such reduction will need to be made each year and include details of current approvals and an assessment of the size required in accordance with the NSW Code of Practice Plumbing and Drainage 2006 and AS 3500.

 

3.2.5   Variations for Unforeseen Leaks Residential Properties

The property owner is responsible for maintaining all of the pipes and fittings between Council’s water meter and the buildings and taps on your property (refer to Figure 1).

They are also responsible for the payment of all water charges based on the water that passes through the water meter, including onsite leaks.

Council will consider varying water consumption as well as related sewer and trade waste usage charges where:

The water service is constructed of material approved by Council including:

copper pipe

polyethylene (PE) pipe for pressure applications and

A defect in the service has occurred which is not readily visible or apparent and Council is satisfied that there has been immediate and effective action to make repairs; and

A copy of the invoice from a licensed plumber for the repairs has been provided to Council

The variation to an account will reduce the charges to an amount which is the lesser of the actual metered amount or twice the average water usage for the property as determined using three (3) previous equivalent billing periods not affected by the unseen leak.

No claims for subsequent leaks will be considered by Council.

 

3.2.6   Customers with Defective Meters

In accordance with the Local Government (General) Regulation 2005, if a water meter is found to be defective and not correctly measuring the quantity of water passing through it, Council may charge for the supply of water on the basis of a daily consumption equal to the average daily consumption during the corresponding meter reading period of the previous year, or previous three years, or similar basis.

In accordance with the Local Government (General) Regulation 2005, if a water meter is found to be defective and not correctly measuring the quantity of water passing through it, Council will charge for the supply of water on the following basis:

The water usage account will be determined by estimating the consumption for the period.

The water consumption will be estimated based on the average daily usage for the three previous years for the same consumption period.

If the water supply has been connected for less that three equivalent periods the estimate will be based on the number of periods available.

If any of the three periods has an extraordinarily high or low consumption, that period is to be substituted with the fourth period.

If the estimated consumption is less than the consumption recorded up to the malfunction, the final meter reading will be used to calculate the account for the period

In the event that a property owner considers the meter to be faulty or reading incorrectly they may request Council to carry out a meter test at their cost. The cost of the test is detailed in Council’s Management Plan.

Should the meter prove to be defective Council will reimburse the cost of the test, replace the meter and calculate the water usage as detailed above.

3.3      Billing

 

 

 

3.3.1   Your Account

Council will issue you a water account outlining the water that we supply and its Usage Charge and the water service Access Charge.

Residential customers will be sent an account half yearly, unless otherwise agreed. Commercial customers with high water usage may be sent an account on a monthly basis.

 

3.3.2   Changes to Water Prices

The water Usage Charge and Access Charge is set each financial year in accordance with the Local Government Act 1993 and Guidelines for Best Practice Mangement of Water Supply and Sewerage as determined by the NSW Office of Water.  The applicable charges will be detailed each year in Council’s Management Plan.

 

3.3.3   Overdue Accounts

Council charges interest on overdue accounts at a rate set each year in its Management Plan and in accordance with the Local Government Act 1993.

The interest accrues on a daily basis and the total amount is due and payable.

Council will take action to recover overdue accounts, including using external debt collection agencies and legal action.

 

3.3.4   Financial Hardship

Payment arrangements may be made where possible prior to the next water account is levied so the problem is not compounded.

 

3.3.5   Cutting off or Restricting Supply

In accordance with the Local Government (General) Regulation 2005, Council may cut off or restrict the supply of water to premises:

if any water meter used to measure that supply is out of repair or, in the opinion of Council, incorrectly registers the supply of water, or

if any rates or charges in respect of the water supplied to the premises are unpaid.

If Council cuts off the supply of water to premises, Council may refuse to supply water to those premises until a water meter is installed on the premises, the water meter registers correctly or the water rates or the outstanding charges are paid.

Council may charge a fee, as set each year by Council through the Corporate Plan process, for

the issue of a “Notice of Intention to Disconnect Water”

the disconnection of the water supply

the reconnection of the water supply.

 

The Local Government Act 1993 provides that water charges including any accrued interest (and any costs awarded by the courts in proceedings to recover the water charges) are a charge on the land and Council may, sell the land (including vacant land) if water charges have remained unpaid for more than 5 years from the date on which it became payable.

 

3.3.6   Additional Meter Readings

Council may arrange for an additional water meter reading and estimated bill outside the normal billing cycle after a request by the customer and the payment of the appropriate fee, as set each year by Council in its Management Plan.

 

 

 

 

 

Part D - Water Conservation & Demand Management

4.1     General

4.2     Mandatory Water Conservation Measures

4.3     Water Loss Management

4.4     Water Efficient Retrofit Program

4.5     Rainwater Tanks

4.6     Greywater Reuse

4.7     Community Education

4.8     Reclaimed Water

 

 

 

4.1      General

 

 

4.1.1   Council’s Approach

The Nambucca Shire Council water supply system has limited capacity to meet the demand of users on an “unrestricted basis”.  The severe drought of 2002 also highlighted the fact that immediate action had to be taken to establish a secure water supply for the Shire.

Since that time Council has completed works on the investigation, design and construction of an off river storage on Bowra Creek near Bowraville to provide that security of supply.  However financial constraints based on the ratepayers capacity to pay for the new infrastructure meant that Council was only in a position to construct the storage and expanded borefield it considered it could afford rather than complete the full project that was originally scoped

For this reason Council is very aware of water conservation and demand management as these measures provide significant benefit in prolonging the life of the storage and ensuring that longer term capital costs that would be required to increase its capacity for future growth can be delayed for as long as possible

Council has developed a Water Conservation and Demand Management Strategy, which aims to reduce water consumption through the more efficient use of water and a reduction in water wastage.  In accordance with the Local Government Act 1993, owners, occupiers or managers must take any reasonable action to prevent waste and misuse of water.

The benefits of Water Conservation and Demand Management are recognised as:

The potential to defer capital and recurrent expenditures in the water system by reducing excessive consumption

Giving consumers greater control over the size of their water bills by following the State Government Guidelines for Best- Practice Management of Water Supply and Sewerage 2004 to increase the proportion of the bill based on usage (refer to Part C of this Policy)

Improving environmental performance (such as reducing water extraction, energy consumption) by reducing waste and misuse of water resources

Councils Water Conservation and Demand Management Strategy has the following components:

Water pricing reform by following the State Government Guidelines for Best- Practice Management of Water Supply and Sewerage 2004 (refer to Part C of this Policy)

Mandatory Water Conservation Measures, to encourage the wise use of water and reclaimed water

Minimising losses in the water system, including leakage monitoring and a meter replacement programs.

Retrofit programs to encourage the installation of water efficient products, such as shower heads and dual flush toilets

Building code measures including the promotion of State Government initiatives like BASIX

Education initiatives including dam tours

Encouraging greywater reuse in line with State Government guidelines

Investigating and developing water recycling and effluent reuse schemes to substitute for potable water where they are economically viable and provide a demonstrated return on investment.

 

BASIX The State Government’s Building Sustainability Index

 

Introduced by the NSW Government as a world-first sustainability tool in July 2004, the BASIX (Building Sustainability Index) is a major initiative to reduce the amount of drinking water consumed and greenhouse gas emitted by new homes throughout NSW.

 

Reductions in water consumption can be achieved through a range of water saving measures, such as water efficient shower heads, dual-flush toilets, rainwater tanks, greywater treatment systems and more.

 

From October 2006, BASIX also applies to alterations and additions to residential dwellings and swimming pools and spas.

4.2      Mandatory Water Conservation Measures

 

 

4.2.1     Mandatory Water Conservation Measures

Mandatory Water Conservation Measures will assist individual customers to reduce and better manage their water use into the long term thereby reducing capital and operating costs of Council and delivering significant environmental and social benefits to the community.

Council will implement the following Mandatory Water Conservation Measures as a permanent means of minimising athe wastage of water delivered through the water supply system:

 

Watering gardens and  lawns

No unattended hoses, sprinklers or water systems can be used between 10am to 4pm.

Hoses must be fitted with water cut-off trigger or control nozzle.

Watering cans and buckets can be used at any time.

Applies to all homes, private and public gardens and sports grounds. No restriction on commercial market gardens and plant nurseries.

 

Cleaning vehicles, houses, boats & outboard motors

Allowed on any day of the week at any time, on lawn areas.

Hoses must be fitted with a water cut-off trigger or control nozzle.

Applies to both private and commercial use.

 

Topping up swimming pools

Filling and topping up of swimming pools and spas are permitted at any time, but must be monitored at all times.

 

Cleaning driveways, paths & hardstand areas

No Chemicals or cleaning products to be used.

Brooms, vacuum cleaners or air blowers to be used to remove loose material.

No hose can be used, unless:

•     Required as a result of accident, fire, health hazard or other emergency, or

•     An approved water efficient nozzle [less than 9 litres per minute] or high pressure cleaner unit, fitted with a water cut-off trigger or control nozzle is used.

 

All commercial and industrial buildings, building and construction activities and landscaping industries

Watering systems cannot be used between 10am to 4pm.

Hoses must be fitted with a water cut-off trigger or control nozzle.

Dust suppression permitted with reclaimed water only.

4.3      Water Loss Management

 

 

4.3.1     What is Water Loss?

Nambucca Shire Council is committed to minimising water loss in the water supply system.

Water loss is the amount of water that Council supplies into the system that is not accounted for in the sum of individual customer meter readings.

Water losses could include:

Leaks in the water system

Unmetered water use, for example for fire fighting or mains flushing

Unauthorised water use, for example theft and illegal connections

Under-reading of the amount of water going through customer meters

Errors in the bulk water system meters

 

4.3.2   Leak Reduction Program

Council installed a number of reservoir meters in 2009/10 as part of a government funded project through the NSW Water Loss Management Program.  These meters allow Council to actively monitor flows in the individual towns that are connected to the water supply systems

Council uses data loggers and SMS signals to transmit the flow data to its computer system to enable daily flow patterns to be monitored.  This information is used to determine the level of leakage that is occurring and whether it is increasing to the stage where a leakage survey is required.

Night flow is the predominant indicator of leakage and the occurrence of a sudden increase or gradually increase over time is a trigger for an appropriate leakage investigation to take place.

An increase in night flow of 0.2 l/s shall require action to be taken to reduce leakage.  This shall involve the engagement of leak detection specialist to investigate and locate leaks in mains and prepare a recommended program of repair works to be carried out by Council.

Council also encourages residents to report any leaks in its water system.

 

4.3.3   Pressure Reduction Program

Excessive pressure in water mains can be the cause of leakage or may increase the rate of leakage that is occurring.  Appropriately located pressure reduction valves can significantly reduce the quantity of water lost through leaks and also extends the life of watermains.

Council will continue to monitor leakage and investigate opportunities to install pressure reduction valves in strategic locations where it is considered that they can be of benefit.

 

4.3.4   Watermain Renewals Program

Council can minimise the number of watermain breaks and the amount of water losses by ensuring that pipes are in a condition that is fit for purpose.

Council will implement an active watermain renewal program to replace watermains that are in an ageing or poor performing condition.

 

4.3.5   Meter Replacement Program

Ageing water meters tend to read inaccurately and under read the volume of water passing through them.  Council has implemented a meter replacement program where ageing and inaccurate meters are replaced.

The replacement of meters will occur after a maximum of 8 to 10 years of service and will not be instigated based on customers request unless there is a sound reason for doing so.

Council will replace the meter at no cost to the property owner and will endeavour to notify property owners at the time of replacement and advise that a new meter has been installed.

 

4.3.6   Customer’s Water System

Council encourages property owners to properly maintain the pipes and fittings in their water system and to promptly fix any leaks in their system.

4.4      Water Efficient Retrofit Program

 

 

4.4.1   Council Retrofit Program

Nambucca Shire Council is committed to improving the water efficiency of its facilities.

Council has instituted water audits and a retrofit program to implement better water use across all its facilities.

 

4.4.2        Water Saving Fixtures Rebate Scheme

Council has implemented instituted a  Water Saving Fixtures Rebate Scheme as part of Council's long-term water supply strategy to encourage residential water customers to save water.

The Water Saving Fixtures Rebate Scheme applies to all residential water customers that were connected to the Council Water Supply System on or before 1st July 2005 (The State Government’s BASIX building certification applied to new homes from 1st July 2005).

Both renters and owners of residences on town water (connected to Council's water supply) are eligible to apply for rebates (renters may need to obtain the owner or property manager’s consent).

The following rebates are available:

o   $25 rebates for installing shower roses with a 3A or '3 Star' water rating or better (maximum $50 per household).

o   $30 rebates for upgrading single flush toilets to dual flush toilets, either by installing a new flush mechanism or a new cistern (maximum $60 per household).

o   Commercial properties may apply for the rebate on multiple fixtures at the same rate as those for residential properties.

A limit of one application applies for each property.

An application needs to be lodged and approved to be eligible for the Rebate Scheme.  Application forms are available on Council’s web site

 

4.5      Rainwater Tanks

 

 

4.5.1      General

Rainwater tanks are commonly used in the Nambucca Shire as a private water supply in areas where there is no public water supply available.

Rainwater tanks can also provide benefits in urban areas with reticulated public water supplies. While NSW Health recommends using the reticulated supply for human consumption (drinking water) ie drinking, cooking and bathing, the tank water is entirely suitable for toilet flushing, laundry, car washing, swimming pool top up and garden watering purposes. Such dual supplies need to be carefully installed to ensure that water from the tank cannot backflow into the public supply and this means separate piping systems and backflow prevention valves.

Rainwater tanks can also act as a stormwater control device by providing some temporary storage of runoff from the roof. This tends to mimic, to some degree, the way natural environments behave in slowing down the rate of discharge of stormwater. This can reduce the adverse impacts of urbanisation on local streams and the landscape, and in many cases can reduce localised flooding.

Council supports and encourages the use of rainwater tanks to:

o   reduce demand on town water;

o   reduce environmental impacts by conserving the water resource;

o   reduce environmental impacts by reducing the severity of stormwater runoff from urban areas;

o   provide additional water security to consumers during times of drought and interrupted water supply; and

o   reduce costs to consumer and Council by reducing demand for treated town water.

 

Suggested Uses for Water from Rainwater Tanks

 

The suggested uses for rainwater include:

o   Toilet flushing

o   Cold water service to washing machine

o   Garden watering, car washing, swimming pool top up and all other external outdoor uses

 

In reticulated areas, Council does not recommend the use of water supplied from a rainwater tank for human consumption such as drinking, cooking or bathing purposes. The decision to use rainwater for drinking or other consumption purposes is entirely at the residents’ and owners’ risk.

 

Should consumers wish to use rainwater for all domestic purposes, it is important that the advice contained in NSW Health Guideline GL2007_009 of June 2007 is considered in such situations.

 

(http://www.health.nsw.gov.au/pubs/2007/pdf/rainwater.pdf)

 

4.5.2      History

Nambucca Shire introduced a 4% Environmental Levy on all ratepayers in the 2003/04 and 2004/05 budgetary years. This generated just over $200,000 in 2003/04 with a rate pegging increase in the second year.

The extra funding enabled a number of environmental projects to proceed that had been held in abeyance for years due to a lack of funding. The last few years have seen an increase in the demand from the community and governments to improve and monitor water quality, undertake bushland regeneration, reduce water use, all of which add to the need for secure and dedicated funding.

For Council to continue the Environmental Levy after 2004/05 the Minister required Council to prepare a program for expenditure for five years 2005/06 to 2009/10. Within the five year program a “Rainwater Tank Subsidy” of $20,000 was identified for the three years 2007/08, 2008/09 and 2009/10. Council has identified the continuation of the Rainwater Tank Rebate in its draft 2010 – 2012 Environmental Levy to be presented to the Minister for Local Government as part of the 2010/2011 Management Plan and Budget process.

The Nambucca Shire Council Rainwater Tank Rebate Scheme took effect from 1 July 2008. In January 2013 Council resolved to no longer fund the Rainwater Tank Rebate Scheme through the Environmental Levy.  Instead the rebate is to be funded as a water demand management strategy through the Water Fund.  This proposed demand management strategy formed part of the recommendations of Council’s Integrated Water Cycle Management Plan.

 

4.5.3      Eligibility

The following eligibility conditions apply to the rainwater tank rebate scheme:

o   The scheme is open to residential households in Nambucca Shire and is payable only to the registered owner of the property.

o   The rebate applications will only be considered for new tanks purchased and installed after 30 June 2013.

o   There is only one rainwater tank rebate claim payable per property over the lifetime of the scheme through Nambucca Shire Council.

o   Rebates apply only to new products and do not apply to used or second-hand products.

o   The maximum rebate from Nambucca Shire Council shall not exceed half the original invoiced cost of the rainwater tank. The available rebate amounts are detailed in Section 8.

o   Delivery charges are not eligible for rebates and will not be considered as part of any claim.

o   For connections to internal fixtures a Nambucca Shire Council approval must be obtained. Internal connections are to be carried out by a licensed plumber.

o   For rainwater tanks deemed Exempt Development, installation must comply with the provisions of either State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 or Nambucca Shire Council’s Development Control Plan 10 – Exempt and Complying Development. Rainwater tanks that are not Exempt Development, a Complying Development Certificate or a Development Application (whichever applies) will be required and will need to comply with the Building Code of Australia and Nambucca Local Environmental Plan in force at the time.

o   If the rainwater tank is a mandatory requirement for a newly constructed residential household, or required under the requirements of BASIX, a rebate will not be paid except when the tank or a separate tank is installed, which exceeds the BASIX requirement for storage capacity by at least 2,000 litres.

o   Rebate applications will only be considered once the tank is installed, inspected by a Council Officer and operational.

o   This offer is strictly limited. Once allocated budget for rebates for the current financial year have been issued, there will be no more rebates in that year. The program MAY continue into the following financial year.

 

o   To claim a rebate under the Nambucca Shire Rainwater Tank Rebate Scheme, the applicant must complete and submit the application form annexed to this document and also available from Council’s website www.nambucca.nsw.gov.au (Council Forms), and provide the ORIGINAL tax invoice as proof of purchase of a rainwater tank. Copies of tax invoices will be not be accepted. See Annexure A – Rebate Application Form.

 

4.5.4      Properties Connected to Town Water Supply

o   The minimum rainwater tank size for which a rebate will apply is 1,000 litres.

o   Rainwater tanks shall not be cross-connected to Council’s reticulated water system.

o   Rainwater tanks should only be used for toilet flushing, cold water clothes washing, swimming pool top up and outdoor purposes.

o   Rebates can be claimed for tanks installed for either indoor or outdoor use. 4.5.5     Properties Not Connected to Town Water Supply

Rebates can be claimed for rainwater tanks installed for either indoor use only and in the following instances:

o   New dwellings – for a tank which exceeds the BASIX and bushfire fighting storage requirements by at least 1,999 litres

o   Existing dwellings – for a tank which exceeds the minimum 22,500 litres capacity by 2,000 litres.  The rebate will be paid on that portion of the tank volume that exceeds the minimum requirement (ie. For a 30,000 litre tank the rebate will be that applicable to a to a 7,500 litre tank).

 

4.5.6      Rebate Amounts

 

Rebates for rainwater tanks shall be paid in accordance with the capacity of the tank as detailed in the table below:

 

TANK CAPACITY (litres)

REBATE

1,000 – 4,999 

$300 or half the cost whichever is least

5,000 – 10,000 

$500 or half the cost whichever is least

>10,000 – 20,000 

$750 or half the cost whichever is least

>20,000 – 30,000 

$1,000 or half the cost whichever is least

> 30,000

$1,500 or half the cost whichever is least

 

Note that where a minimum tank size is required for development consent the rebate will only be provided on the basis of any additional tank capacity installed.

4.6      Greywater Reuse

 

 

4.6.1   Owner’s Responsibility

The property owner is responsible for the impacts of using greywater on their premises. It is the property owner’s responsibility to meet the performance standards for greywater reuse including minimising any adverse impacts on the amenity of your property and the surrounding lands.

Council recognises the value of the manual collection and re-use of greywater (for example, by means of a bucket or similar receptacle).

 

“Greywater” means waste water from washing machines, laundry tubs, showers, hand basins and baths, but does not include waste water from a kitchen, toilet, urinal or bidet.

 

4.6.2   Council Approval

For the purposes of item 10 of Part F of the Table to section 68 of the Local Government Act (1993), domestic greywater diversion is prescribed as an activity that requires the prior approval of the council.

However, in accordance with the Local Government (General) Regulations 2005, domestic greywater diversion may be carried out without the prior approval of Council if:

o   it is carried out in accordance with the NSW Code of Practice Plumbing and Drainage 2006, and

o   a sewage management facility is not installed on the premises concerned, and

o   the following performance standards are achieved:

the prevention of the spread of disease by micro-organisms,

the prevention of the spread of foul odours,

the prevention of contamination of water,

the prevention of degradation of soil and vegetation,

the discouragement of insects and vermin,

ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,

the minimisation of any adverse impacts on the amenity of the premises concerned and surrounding lands.

4.7      Community Education

 

 

4.7.1      Education Initiatives

During the Off River Storage Project Nambucca Shire Council committed itself to a program of providing information to the community in regard to the reasons why a dam is considered necessary for securing the Shire’s water supply and the impact it would have on cost to consumers.

Council has made efforts to increase public awareness about water issues and to encourage more efficient use of water through the use of:

o   providing information on Council’s website in relation to using water efficiently around the house.

o   advertising in the local newspaper during National Water Week in October to promote the wise use of water and the availability of rebate schemes for water efficient fixtures

o   promoting and arranging  public tours of the off river storage to inform the community of how Council is dealing with water security issues and promoting awareness of the need for consumers to use water wisely.

4.8      Reclaimed Water

 

 

4.8.1      Aims

Nambucca Shire Council aims to respond to current regulatory reforms, legislative requirements and state-wide changes in water management practice, environmental sustainability challenges and stakeholder objectives which ensure optimal water usage and maximum environmental benefit

Through the framework of Best Practice Management Integrated Water Cycle Management Process Council will continue to investigate and assess opportunities to reuse water generated from sewage treatment plants or stormwater harvesting.

Council aims to ensure optimal use of all water resources however any proposed reuse project must clearly demonstrate an economical benefit to the ratepayer ahead of the other triple bottom line considerations of social and environmental benefits

 

Part E - New Connections, Metering and Development Issues

 

5.1     New Connections

5.2     Meter Issues

5.3     Development Issues

 

5.1      New Connections

 

 

5.1.1   Water services installation

When you wish to connect to Council’s water supply system, you need to make an application to Council.

A person must not connect in any way to Council’s water supply system without the written approval of Council.

All applications will require the payment of appropriate fees and charges at the time of submitting each application.  This may include Section 64 contributions payable for headworks charges as calculated in Council’s Development Servicing Plan.

 

Fees and charges are adopted each year by Council through the Management Plan process as specified by the Local Government Act

The type and location of the connection to Council’s water supply system is at the sole discretion of Council.

The following conditions apply as part of the approval process to being allowed to access the water supply network.

o   The standard connection to a single domestic dwelling is as follows:

 

Main tapping                                            25mm

Main to boundary service                       25mm

Meter valve, meter, dual check valve              20mm

 

§ NoteThe 25mm main to boundary is sized to allow for any future dual occupancy.

o   Where one tapping and service line supplies two separate domestic allotments the sizing shall be as follows:

 

Main tapping                                           25mm

Main to boundary service                       40mm

Manifold                                                  25mm

 

o   Connections to all other developments such as residential flats, industrial and commercial developments shall be sized in accordance with the New South Wales Code of Practice - Water Supply Section 5 and the National Plumbing and Drainage Code Part 1 - Water Supply AS 3500.1 - 1990.

o   Where no service exists, Council will provide, free of charge, a single domestic water supply service to any allotment that has been levied the water supply rate provided at least two full water rates has been collected AND that such water rates are not in arrears.  Where a larger than single domestic service is required, to suit a particular development on such an allotment, then the additional cost shall be met by the applicant.

o   Applications for larger non standard connections will be considered on merit having regard for the ability of the reticulation system to provide the greater flows associated with larger services.

o   In accordance with AS 3500.1 all connections will have fitted an appropriate backflow prevention device immediately adjacent the meter on the consumer’s side.  Domestic backflow prevention devices, ie dual check valves up to 50mm will remain the property of Council and will be maintained and/or replaced as necessary by Council.  Larger diameter and/or more sophisticated devices, eg reduced pressure zone, will remain the property of the consumer and shall be inspected and maintained in accordance with AS 3500.1.

 

o   All new connections and upgrading of existing services, apart from those under Clause 5 of this policy, will be at full cost to the applicant and shall be paid for in advance.  The cost the standard connection types for a single domestic dwelling are set out in Council’s Management Plan each year.  Council will confirm the cost in a quote prior to any work being completed.

o   It is the property owner’s responsibility to ensure the meter is adequately protected as the cost of any repairs to Council’s meter or associated equipment is recoverable from the property owner

Unless an alternative is approved by Council, connection pipework from Council’s water supply system to the meter assembly must be in copper pipe Type A to AS 1432 (copper alloy fittings to AS 3688).

All pipes, valves, devices, and fittings connected to Council’s water supply system are to be rated for a safe working pressure of at least 1200 kPa (120 metres pressure head) and shall be fit for the purpose in accordance with the relevant Australian Standard.

 

5.1.2   Water meter installation

The location of the water meter is at the sole discretion of Council. Council will ensure that the location of the water meter is accessible at all times to Council’s meter readers.

Boundary fences and wall recesses and/or fence setbacks must be provided to facilitate Council’s access to water meters.

Council will endeavour to connect the service in a location mutually convenient and applicants are encouraged to place a peg inside the boundary marked “water” in the desired meter location.  However in some circumstances, particularly in new subdivision the locations of services have been pre-determined as part of the subdivision works.

Council may enter your land to effect any necessary alterations, repairs to or replacement of the water service or water meter.

Only Council may install water meters that measure the water supplied from Council’s water supply system.

 

5.1.3   Large water services

All applications for services larger than 25 mm are to include:

o   Hydraulic calculations that address flow, pressure and velocity requirements of AS3500.

o   A plan, to a scale of not less than 1:100 that, clearly indicates the position of the water meter on the property, the type of materials and nominal size of all water service pipes, the position of all stop valves, stop taps, backflow prevention devices and other valves, any water storage to be provided, including air gap requirements, overflow pipe arrangement and any booster pumps.

o   Complete details of any fire service, booster pump or irrigation system installed.

 

5.1.4   Properties previously not rated for water supply

For those properties that have not previously been charged for water supply and to which a water service can be provided a water supply headworks contribution fee will be payable prior to a water service being installed.

If an extension to Council’s reticulation network is required to enable the property to be connected to the water supply all cost associated with the extension shall be also be borne by the applicant.

5.1.5   Strata and multi residential developments

All individual residential units within a multiple occupancy development on one allotment shall be provided with a separate water meter located at the property boundary to register water usage for each unit. The maximum number of meters that can be installed on one allotment is four(4).

Where more than four dwelling units are proposed on one allotment, a bulk meter is to be provided.  Under these circumstances Council will forward the water accounts to the Body Corporate or registered proprietor.

The location of internal water meters will be in foyer areas, secure and accessible for meter reading. A remote reading display facility shall be provided by the property owner, at an approved central location, easily accessible by Council water meter readers.

 

5.1.6   Torrens title stratum developments

The following water meter arrangements are to be provided for Torrens Title Stratum developments:

Individual Council water meters are to be provided at the property boundary of each Torrens Title Stratum lot in any new developments,

Individual Council water meters are to be provided at the property boundary to separate residential and commercial water services with the development site and/or building,

A single dedicated fire service connection point is to be provided for each building.

 

5.1.7   Non connection to Council’s water supply system

Should a water service connection to Council’s water supply system not be required due to alternative onsite water supply sources, which meet all statutory and guideline requirements including those of NSW Department of Health and NSW Fire Brigades, the property would then only be levied and pay the minimum water “Access Charge” (ie. Residential 20mm or business/industrial 25mm water “Access Charge”).

The application of the water “Access Charge” is on the basis that fire fighting coverage and protection is still available and provided by Council’s hydrants within the street frontage to the property.

Should a water supply service connection be required in the future then applicable water supply headworks and distribution charges would be required to be paid. This amount would need to be credited with any previous payments for headworks and distribution and/or annual water access charges.

 

5.1.8   Connections in rural areas

Generally speaking Council does not provide a reticulated water supply to rural lots.  Rural lots are encouraged to be self sufficient in managing their water requirements through the use of appropriately sized rainwater collection systems.  Council provides a rebate for the installation of rainwater tanks.

Council will not extend existing small diameter polyethylene pipe line systems to service unconnected blocks in rural areas

Where an existing water main traverses through a property or passes a property frontage consideration may be given to providing a water service to those properties.  Each application for this type of opportunistic connection to the water supply system will be assessed on its merits.  The applicant will be responsible for all costs associated with providing the water supply service as well as the payment of Section 64 charges as set out in Council’s Management Plan and Development Servicing Plan for Water Supply.

A water service to a rural property shall only be provided to compliment a rainwater collection system by providing a means of topping up a rainwater tank when water is scarce as well as drinking water supply to a dedicated tap in the kitchen.

 

5.1.9   Disinfection and pressure testing

All new watermains that are to be connected to Council’s water supply system will need to be pressure tested and disinfected prior to commissioning. Developers will need to apply on the appropriate form and pay the appropriate fees and charges for this work, as set each year by Council in its Management Plan.

Every effort will be made by Council to provide isolation of watermains to permit interconnection at the date, time and for the period specified in this application.

If under special circumstances this cannot be accommodated the applicant will be advised separately and given notice on a suitable time and any extra charges that may apply.

 

5.1.10 Fire services

Generally, Council’s water mains will only be located on public road, public reserve, and pathway or water supply reserves. A property owner will normally be required to install a private water hydrant (or hydrants) wherever an existing or proposed development is out of the reach of a street hydrant on Council’s water supply reticulation.

Where fire service coverage from a fire hydrant in accordance with AS 2419 is not practical either a private fire service or a tank storage alternative acceptable to Council’s Development and Environmental Division, NSW Fire Brigades and NSW Rural Fire Service will be required.

All proposed fire services need to be submitted to Council after they have been certified by a suitably qualified hydraulic consultant and either the NSW Fire Brigades or NSW Rural Fire Service as relevant.

All fire hose reels shall be connected to a metered service (refer to the NSW Code of Practice Plumbing and Drainage 2006). Where this is not currently the case, Council will work with these property owners with the view to installing a complying connection, at the owner’s cost.

 

5.1.11 Water pressure certificate

Council can provide a water mains performance test certificate to assist in the hydraulic design of fire service installation.  An application form with details of the test required shall be submitted with the appropriate fee, as set each year by Council through the Management Plan.  Application forms are available on Council’s web site.

 

5.1.12 Cross-connection control

Property owners may need to install a backflow prevention device as part of their connection to Council’s water supply system.

All new connections where the processes carried out on the property could endanger health or potentially cause death must have a backflow prevention device installed in accordance with the NSW Code of Practice Plumbing and Drainage 2006 and AS 3500.

 

A backflow prevention device is used to protect water supplies from contamination and includes a break tank, registered air gap, pressure vacuum breaker, reduced pressure zone device or testable double check valve.

In accordance with AS 3500.1 all connections will have fitted an appropriate backflow prevention device immediately adjacent the meter on the consumer’s side.  Domestic backflow prevention devices, ie dual check valves up to 50mm will remain the property of Council and will be maintained and/or replaced as necessary by Council.  Larger diameter and/or more sophisticated devices, eg reduced pressure zone, will remain the property of the consumer and shall be inspected and maintained in accordance with AS 3500.1

Council may require existing premises connected to Council’s water supply system to be provided with a backflow prevention device for containment at the property boundary.

The device shall be installed on the customer’s side of the water meter with no connections between the water meter and the device. On a separate hydrant and sprinkler fire service on a non-residential property, the device shall be installed close to where the water service crosses the property boundary, prior to any booster assembly.

All backflow prevention devices are the responsibility of the property owner.

All backflow prevention devices must be registered with Council with the payment of the appropriate fee, as set each year by Council through the Corporate Plan process.

All backflow prevention devices must be tested on an annual basis with a “Backflow Prevention Inspection Testing and Maintenance Report” submitted to Council. Council will undertake this work after the payment of the appropriate fee.

If Council determines that the backflow prevention device is unsatisfactory you will be required to repair, maintain, test or replace the backflow prevention device, at your expense.

Backflow prevention devices may reduce the pressure and flow rate of the water supply to the premises. It is the owner’s responsibility to undertake, at their cost, any works on the premises necessary to provide adequate water flow rate and pressure for their needs.

 

5.1.13 Multiple occupancy

All properties proposed for multiple occupancy, including multi-storey developments and cluster housing, shall have their water system designed and installed so that each occupancy has its own individual isolation valve and provision for an individual meter located in a position determined by Council (refer to the NSW Code of Practice Plumbing and Drainage 2006).

Council will work with property owners that are not individually metered with the view to installing an individually metered connection, at the owner’s cost. This may include the use of cost-effective technology such as “smart water meters” that allow remote meter reading.

Where developments are staged developments, Council may reduce the water Access Charge each year to the equivalent of the rate for the size of the service required for that stage of the development that has Council approval (refer to Part C of this document).

 

5.1.14 Easements

In accordance with the Aus Spec Design Manual, the location of water mains that will become part of Council’s water system on private property is to be avoided. Where a water main cannot be located in a dedicated public road reserve or access way, it may be located within an appropriately sized and registered easement, subject to Council‟s approval.

However, where it is necessary, water mains are to be located in an easement in favour of Council and be of minimum width five metres. Unless there are compelling reasons to the contrary the water main shall be located in the centre of the easement.

A Registered Surveyor shall survey easements and certify the location of pipelines within the easements.

The location of water services in easements other than a vehicular access related easement for the property being served will not be permitted.

The reason for this is that there is a risk of undetected interference with the water service in the form of damage, contamination or illegal connection if the easement is not in an area fully accessible to and able to be overseen by the serviced property owner.

 

5.1.15 Private water hydrants

Where a property owner is to install private water hydrants within their internal water system, they are the responsibility of the owner.

Where underground hydrants are to be installed in your water system, they shall be spring type, manufactured to AS 3952, with an approved thermal-bonded coating to AS 4158 and installed in accordance with AS 2419.

These private water hydrants must be located on land under the control of the property owner, who will be responsible for all water charges.

 

5.1.16 Private water meters

Council may permit the use of privately owned meters within your water system if they are of an authorised design and type.

If approved for use in a property owner’s water system, Council may sell in-house water meters for a price set each year by Council through the Corporate Plan process.

Council may undertake to read private water meters for an appropriate fee as set each year by Council through the Man