NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

15 October 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 - 15 October 2015

 

Acknowledgement of Country            (Mayor)

 

I would like to acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.  I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginal People present.

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 24 September 2015............................................................................. 6

5        NOTICES OF MOTION

5.1     Notice of Motion - Request for Leave - Cr Bob Morrison................................................... 14

5.2     Notice Of Motion - Community Directory On Council’s Website (SF1492)........................... 15  

6        PUBLIC FORUM

9.8     Proposed Outdoor Target Shooting Range ..................................................................... 65

i)           Ms Lyn  Mackay - objector

ii)          Mr Jeff Unwin  - objector

 

7        ASKING OF QUESTIONS WITH NOTICE

7.1     Questions with Notice: Recruitment of the Natural Resources Officer ................................ 17   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 20

9.2     Fit for the Future - Joint Organisations Emerging Directions Paper.................................... 26

9.3     Geotechnical Investigation - 2 Nelson Street, Nambucca Heads—LATE REPORT..................

9.4     Nominations to Board and Deputy Board Positions on Gaagal Wanggaan (South Beach) National Park Board of Management.................................................................................................... 45

9.5     Shared Services............................................................................................................. 49

9.6     Proposed Mosaic - Nambucca Heads Post Office Corner................................................. 56

9.7     Minutes of the Nambucca Shire Council Access Committee meeting held 22 September 2015 61

9.8     Proposed Outdoor Target Shooting Range ..................................................................... 65

9.9     Gumma Shooting Range............................................................................................... 182

9.10   Bowra Dam - Onsite visit by Council.............................................................................. 184

9.11   2015 September - Development and Complying Development - Applications Received ... 185

9.12   Council Ranger's Report September 2015...................................................................... 188

9.13   2015 September - Construction And Complying Development - Certificates Approved .... 192

9.14   Proposed 330 Lot Residential Subdivision, Bellwood - Request to Offset Cost of Constructing the Link Road Against Council Contributions............................................................................... 196

10      Assistant General Manager Corporate Services Report

10.1   Grant Application Status Report ................................................................................... 199

10.2   Investment Report to 30 September 2015....................................................................... 202

10.3   Schedule of Council Public Meetings............................................................................. 207


11      Assistant General Manager Engineering Services Report

11.1   Mid North Weight of Loads Group meeting - 9 March 2015 ............................................. 208

11.2   Minutes of NSW Rural Fire Service Liaison Committee meeting 12 August 2015 – Service Level Agreement 2015............................................................................................................ 215

11.3   Concern with World Rally Reconnaissance Sessions....................................................... 225

11.4   Suitability of Nose-to-Kerb Parking within Nambucca Shire ............................................ 228

11.5   Tender T015/2015 Cleaning of Council Buildings for period commencing 1 October 2015 to 30 September 2018........................................................................................................... 239

11.6   Nambucca Shire Traffic Committee Meeting Minutes - 6 October 2015............................. 241    

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

12.1   Evaluation for Tender T015/2015 Cleaning of Council Buildings for period commencing 1 October 2015 to 30 September 2018

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

 

12.2   Proposed Outdoor Shooting Range - Confidential Attachment - Submissions

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

 

12.3   Valla Growth Area - Acquisition of Employment Land

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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

 

 

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 24 September 2015

The following document is the minutes of the Ordinary Council meeting held 24 September 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 29 October 2015 and therefore subject to change.  Please refer to the minutes of 29 October 2015 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Monika Schuhmacher (Minute Secretary)

 

 

 

APOLOGIES

 

Paul Gallagher (AGM Engineering Services)

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 11.1 Proposed Pressure Sewerage for South Nambucca under the Local Government Act as Cr MacDonald’s sister owns a property in the proposed target area and Council’s decision may have a financial impact on her property..  Cr MacDonald left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 10 September 2015

1024/15 RESOLVED:       (MacDonald/Flack)

 

That the minutes of the Ordinary Council Meeting of 10 September 2015 be confirmed subject to the following amendment:

 

Page 6         Disclosures: All Disclosures of Interest should have been recorded as Non Pecuniary – Less Significant Conflicts.


 

 

DELEGATION AND PUBLIC FORUMS

RESOLVED:

 

That the following PUBLIC FORUMS and DELEGATION be heard:

 

PUBLIC FORUMS

i)        Mr Mark Ladkin, President Argents Hill Hall Committee of Management

ii)       Mr David Phillips - Secretary Argents Hill Hall Committee of Management - Road Maintenance

iii)      Mr Jim Cameron -  Condition of Road and World Rally

iv)      Ms Diana Desic -  Roadside Verges and Ranger's responsibilities

v)       Mr Barry Tasker - Road Condition

 

DELEGATION

 

ITEM 9.9      Koala Habitat Study and Vegetation Mapping - Results and Recommendations

i)           Mr John Turbill on behalf of Office of Environmental Heritage

 


 

ITEM 9.9      SF1804              240915      Koala Habitat Study and Vegetation Mapping -  Results and Recommendations

1025/15 RESOLVED:       (Flack/Ainsworth)

 

That Council thank Mr Turbill for his informative presentation regarding the Koala habitat in the Nambucca Valley.

 

1026/15 Resolved:       (Flack/Smyth)

 

1        Subject to the Office of Environment & Heritage providing “in kind” or financial assistance, that Council commence the preparation of the Comprehensive Koala Plan of Management for the Coastal Part of the shire.

 

2        Subject to the Office of Environment & Heritage providing “in kind” or financial assistance, that Council arrange further surveys (both community and field) and data analysis in the precincts 2 and 3 to better understand and document the distribution and status of any koala populations in these areas.

 

3        Council work with landholders, government agencies and departments and the community to promote the protection and management all Primary, Secondary A and Secondary B koala habitat mapped in this study.

 

4        The areas mapped as ‘Core Koala Habitat’ within the meaning of State Environmental Planning Policy 44 – Koala Habitat Protection should be a key focus for council in promoting koala habitat protection, threats management, habitat regeneration and corridor establishment, including seeking landholder support through targeted awareness, education and funding opportunities.

 

5        That Council develop a register of landholders interested in environmental management and/ or improvements on private land in the shire to assist in the development of future grant applications. A call for expressions of interest be added to the next rates notice.


 

 

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                240915      Outstanding Actions and Reports

1027/15 RESOLVED:       (MacDonald/Ainsworth)

 

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

 

1028/15 Resolved:       (Flack/Smyth)

 

That Council advise the Minister of its determination in relation to the land at Gordon Park and provide him with a copy of Council’s resolution.

 

Note: Cr Morrison requested that his vote be recorded against this resolution concerning item 11 in Outstanding Actions as he believes Council has not followed due process.


 

 

ITEM 9.2      SF979                240915      Shared Services

1029/15 RESOLVED:       (Ainsworth/Flack)

 

That the information in the report be received and that this item be deferred until Council can workshop the matter on Friday 9 October 2015.


 

 

ITEM 9.3      SF830                240915      Election of Deputy Mayor 2015-2016

1030/15 RESOLVED:       (Flack/Smyth)

 

1        That the election of a Deputy Mayor proceed by ordinary (secret) ballot if a ballot is required.

 

2        That nominations be invited and received by the General manager as returning Officer for the election of Deputy Mayor.

 

3        That the election of Deputy Mayor proceeds.

 

1031/15 Resolved:       (Finlayson/South)

 

4        That it be noted that the Mayor declares Cr Ainsworth Deputy Mayor for the term of office expiring in September 2016. 

 

5        That the Division of Local Government be advised of the outcome of the election and Council’s website be updated.


 

 

ITEM 9.4      SF842                240915      Committees of Management - Facilities and Events

1032/15 RESOLVED:       (Finlayson/Ainsworth)

 

That Council note the roster for attendance at the Annual General Meetings for Section 355 Committees.


 

 

ITEM 9.5      SF770                240915      Inquiry into economic development in Aboriginal communities

1033/15 RESOLVED:       (Flack/Finlayson)

 

That Council forward a submission to the Inquiry into Economic Development in Aboriginal Communities proposing that the existing network of Local Aboriginal Land Councils be encouraged and mentored to undertake further economic development, and particularly to secure an on-going return from some of the land they own or control.  Further that ther be consultation with the Muurrbay Language Centre.


 

 

ITEM 9.6      PRF16                240915      E J Biffin Playing Fields - Settlement of Purchase and Classification of Land

1034/15 RESOLVED:       (Flack/South)

 

1        That Council note the information concerning the settlement of the sale of land for the HealthOne Facility and the arrangements which are being made for the funding of projects at E J Biffin Fields and the presentation of a cheque to the Nambucca Valley Cancer Support Group Inc.

 

2        That a site inspection be undertaken in relation to the proposed classification of the land and the planned expenditure of the proceeds from the sale of the land for the Health One facility.


 

 

ITEM 9.7      SF621                240915      Notification of "Future Acts" under the Native Title Act 1993

1035/15 RESOLVED:       (Flack/South)

 

1        Council note the requirement for notification of “future acts” under the Native Title Act 1993.

 

2        That Council amend its “pro-forma” for Part 5 assessments under the Environmental Planning and Assessment Act to include consideration of the requirement to notify NTSCORP of “future acts” under the Native Title Act and particularly under Section 24KA.


 

 

ITEM 9.8      SF42                  240915      Fit for the Future - Joint Organisations Emerging Directions Paper

1036/15 RESOLVED:       (Ainsworth/Smyth)

 

That Council make a submission to the Office of Local Government in relation to the Emerging Directions Paper outlining the concerns identified in this report.

 

1037/15 Resolved:       (Finlayson/Ainsworth)

 

That the finalisation of the submission be deferred until Council has undertaken a workshop to discuss a strategy regarding the proposed Joint Organisations.  The workshop to be held on Friday 9 October 2015 commencing at 9.00 am in the Council Chambers.


 

Item 9.9 was dealt with under Delegations.


 

 

ITEM 9.10    SF453                240915      Waste Management - Coffs Coast Region Resource Recovery & Waste Management Strategy

1038/15 RESOLVED:       (Flack/Ballangarry)

 

1        That Council approve the public exhibition of the Draft Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027.

 

2        That following the additional endorsement of the Draft Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027 by Bellingen Shire Council and Coffs Harbour City Council, that the Councils, publicly exhibit and invite submissions on the draft Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027 for a period of 28 days.

 

3        That a further report be presented to Council, following public exhibition of the Draft Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027.

 

4        That Coffs Harbour City Council be requested to expedite the investigation and establishment of a comprehensive and inclusive governance structure for the operation of all aspects of the Councils’ waste services.  An appropriate structure may be a company jointly owned by the Councils or a subsidiary entity foreshadowed in the Joint Organisations Emerging Directions Paper.


 

 

ITEM 9.11    SF2038              240915      Outstanding DA's greater than 12 months, applications where submissions received not determined from 2 September 2015 to 15 September 2015

1039/15 RESOLVED:       (Flack/Morrison)

 

That the information be noted by Council.


 

 

ITEM 9.12    SF1148              240915      Council Ranger's Report August 2015

1040/15 RESOLVED:       (South/MacDonald)

 

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


 

 

ITEM 9.13    DA2014/198        240915      Modification Application Assessment Report for DA2014/198

1041/15 RESOLVED:       (Finlayson/Ainsworth)

 

That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2014/198 for a 26 lot subdivision at Lot 42 DP 711098 - Old Coast Road, North Macksville by amending conditions 1, 2, 21 & 23 of the original consent as outlined within attachment 4 of this report.

 

Note: Cr Morrison left the meeting at 8.40 pm and returned after the conclusion and voting on this item at 8.45 pm.

 

For the Motion:               Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, Smyth, Flack and                                   Ballangarry            (Total 8)

Against the Motion:         Nil


 

 

ITEM 9.14    SF674                240915      Extension of Existing Contract for Kerbside Waste Collection and Recycling

1042/15 RESOLVED:       (MacDonald/Ainsworth)

 

1        That pursuant to Section 55(3)(i) of the Local Government Act, Nambucca Shire Council does not call Tenders, at this time, for the Kerbside Waste Collection and Recycling Services (Contract 04/05-183-TO Part 1) due to extenuating circumstances comprising:

 

a        The need for the Regional Resource Recovery and Waste Management Strategy ('Waste Strategy') to be in place before further waste contracts are let to ensure that a cohesive, strategic approach is taken to the delivery of waste services, defining which approach represents best value for rate payers.

b        Economies of scale that could be achieved by including the services under the Collection Contract as part of a future tender for broader waste services.

 

c        There is insufficient time to engage a contractor to ensure continuity of the service without an extension to the existing Contract.

 

2        That Council delegate to the General Manager the authority to negotiate with the incumbent Kerbside Collection and Recycling Contractor being Handybin Waste Services (Coffs Harbour) Pty Ltd, the intention being to extend the existing Collection Contract for an initial period of 1 year, with an option to extend for another period of up to 1 year, on notice from Nambucca Shire Council to Handybin.

 

3        That subject to successful negotiations between Coffs Harbour City Council, Bellingen Shire Council, Nambucca Shire Council and Handybin, a further report be brought to Council for the endorsement of the extension of the term of the Collection Contract.

 

4        That Coffs Harbour City Council be requested to expedite the investigation and establishment of a comprehensive and inclusive governance structure for the operation of all aspects of the Councils’ waste services.  An appropriate structure may be a company jointly owned by the Councils or a subsidiary entity foreshadowed in the Joint Organisations Emerging Directions Paper.


 

 

ITEM 9.15    SF1974              240915      Year End Financial Result and Statements - 30 June 2015   

1043/15 RESOLVED:       (MacDonald/South)

 

That the list of revotes be approved and included as subvotes for 2015/16.


 

 

ITEM 9.16    SF452                240915      Nambucca Waste Management Facility

1044/15 RESOLVED:       (Finlayson/Ainsworth)

 

1        The hours of operation for the Nambucca Waste Management Facility be reduced to 8am to 4pm 7 days per week with the Facility to remain closed on all public holidays.

 

2        The Nambucca Waste Management Facility moves to become a cashless facility from 1 July 2016 and in the interim there be extensive advertising of this fact by way of signage at the Waste Depot, by an article in Council’s rates newsletter and through advertising in newspapers.

 

3        That Council advertise 2 x permanent/part time gatehouse attendant positions.


 

 

ITEM 9.17    SF399                240915      Local Government Grants Commission - Details of 2015-16 Grant Calculations and Submissions Relating to 2016/17 Grants

1045/15 RESOLVED:       (Flack/Ainsworth)

 

That the information from the Local Government Grants Commission on the 2015-2016 grant calculations and submissions relating to the 2016-17 grants be received.


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2114              240915      Financial Report – Statement By Councillors And Management – 30 June 2015

1046/15 RESOLVED:       (Flack/Finlayson)

 

1        That the Mayor, Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2) (C) of the Local Government Act.

 

2        That the Mayor, Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.


 

 

ITEM 10.2    SF355                240915      Tabling of Returns Disclosing Interests of Councillors and Designated Persons - September 2015

1047/15 RESOLVED:       (Flack/Finlayson)

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2015 be tabled.


 

 

ITEM 10.3    SF321                240915      Missabotti Community Centre Committee of Management AGM - 9 August 2015 - Minutes

1048/15 RESOLVED:       (Flack/MacDonald)

 

That Council endorse minutes of the Committee of Management for the Missabotti Community Centre’s Annual General Meeting held on 27 July 2014, and thank the outgoing Committee for their work in the past twelve months.


 

 

Assistant General Manager Engineering Services Report

 

Cr MacDonald left the meeting for this Item at 9.02 pm and returned after the conclusion of the Item at 9.21 pm.

 

ITEM 11.1    SF2139              240915      Proposed Pressure Sewerage for South Nambucca

1049/15 RESOLVED:       (Ainsworth/Finlayson)

 

That Council:

 

a        Limit the design of the pressure sewerage to cater for properties along the current Pacific Highway from Teagues Creek as far south as Pelican Park only, excluding the future connection of Kingsworth Estate.

 

b        Seek Expressions of Interest from suitably qualified parties for the Design and Construction of a pressure sewerage system to serve the South Nambucca Area based on the concept design report previously documented.

 

c        Request a fee proposal NSW Public Works for the preparation of a specification document for the design and construction contract and engage them to complete the documentation if it is considered to be reasonable.

 

d        Inform all property owners in the area to be serviced by the pressure sewerage system of their required contribution and that connection to the system will be mandatory.

 

e        Utilise the grant funding to provide a direct subsidy to property owners required to connect to the system at a rate of $3,955 / Equivalent Tenement,

 

f         Develop a Pressure Sewerage Policy and an Information Package for residents detailing their responsibilities for helping to ensure that the system operates in a satisfactory manner

 

g        Provide funding in the 2016/17 budget for the design and construction of the sewerage system.


 

ITEM 11.2    SF931                240915      T191516MNC Tender for Supply, Delivery & Placement of Road Resurfacing.

1050/15 RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council award contract T191516MNC Supply, Delivery & Placement of Road Resurfacing as a Panel Source Tender by Category to allow Council the best opportunity of price and flexibility of services the period 1 October 2015 to 30 September 2018, and

 

2        That a provision be allowed by Council for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2019.

 

3        That Council endorse the price matrix for the tenders as provided in the confidential report for T191516MNC Supply, Delivery & Placement of Road Resurfacing as a Panel Source Tender.

 

For the Motion:               Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, Smyth, Flack,                                        Ballangarry and Morrison           (Total 9)

Against the Motion:         Nil


 

ITEM 11.3    Q017/2015          240915      Quotation Q017/2015 - Preparation of Reports - Pacific Highway Assets Handover

1051/15 RESOLVED:       (Smyth/Finlayson)

 

1        That Council vote an amount of $100,000.00 from working funds towards the engagement of a qualified consultant to undertake an independent assessment of the Pacific Highway assets.

 

2        That Council engage Greg Powter Consulting to undertake an independent assessment of the Pacific Highway assets.

 

3        That Council receive a further report and briefing from the Greg Powter Consulting once an independent assessment has been completed.

 

4        That Council note the quotations from consultants as provided in the confidential report.

 

For the Motion:               Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, Smyth, Flack,                                        Ballangarry and Morrison           (Total 9)

Against the Motion:         Nil

 


 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1052/15 RESOLVED:       (Flack/Ballangarry)

 

That confidential documents in Closed relating to tenders be noted.


 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.30 pm. 

Confirmed and signed by the Mayor on 15 October 2015

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

    


Ordinary Council Meeting                                                                                               15 October 2015

Notice of Motion

ITEM 5.1      SF2049            151015         Notice of Motion - Request for Leave - Cr Bob Morrison

 

AUTHOR/ENQUIRIES:    Bob Morrison, Councillor         

 

Summary:

 

I request leave for the period 16 November 2015 to 6 December 2015 inclusive.

 

 

Recommendation:

 

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 16 November 2015 to 7 December 2015 inclusive.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               15 October 2015

Notice of Motion

ITEM 5.2      SF2049            151015         Notice Of Motion - Community Directory On Council’s Website (SF1492)

 

AUTHOR/ENQUIRIES:    Anne Smyth, Councillor         

 

Summary:

 

At a recent community event, I was asked whether community groups were able to have a link on Council’s website. Our website does not offer this information at the moment.  A number of nearby Councils provide community directories on their websites, e.g. Bellingen, Coffs Harbour and Clarence Valley.  I am proposing that Council’s website provides a simple local community directory page, where locally-based not-for-profit community groups and organisations can have their websites listed. 

 

 

Recommendation:

 

That a Local Community Directory page is provided on Council’s website, where locally-based not-for-profit community groups and organisations can have their websites listed.  Where a group does not have a website, but wishes to be listed in the directory, their contact information is to specify the Nambucca Shire Guide. 

 

 

OPTIONS:

 

This Notice of Motion proposes a simple directory, but there are many options in relation to the format of such a directory.

 

 

DISCUSSION:

 

When I attended the Nambucca Valley View Club’s 40th birthday celebrations in August, I was asked whether the View Club was able have a link on Council’s website. 

 

Our website does not presently provide a page with links to community organisations and groups.  

 

My understanding from discussions with Council’s Manager of Information Technology is that implementation of this information on our website would not be difficult or costly. 

 

Examples of nearby Councils that provide community information directories on their websites are Bellingen, Clarence Valley and Coffs Harbour. 

 

My proposal is that Council’s website provides a simple community directory page where locally-based not-for-profit groups and organisations can have their websites listed. 

 

In the instance that a group does not have a website but wishes to be included in the directory, their contact information could be specified as the Shire Guide (or some other alternative).

 

 

CONSULTATION

 

Mayor

General Manager

Manager, Information Technology

 

Comment from Manager Information Technology

 

Council currently maintains a 42 page community services directory.  We offer it for sale to the public for $25 however this could easily be made available on the website. It does differ significantly in scope to the proposal put forward by Cr Smyth, and as pointed out it contains outdated information.

 

I have reviewed the offerings presented by Councils mentioned in the proposal and have found the following:

 

1.   Bellingen offers a simple community directory at http://www.bellingen.nsw.gov.au/community-directory. Links to services are broadly categorised by function with further information being available via drill-down. I understand the proposal put forward by Cr Smyth is simpler than this with the content comprising simple hyperlinks or reference to the shire guide.

2.   Clarence has a quite sophisticated solution hosted separately to their website that provides good searching facilities. Clarence is also quite clear as to what types of listings will be accepted on its community directory landing page at http://www.clarence.nsw.gov.au/cp_themes/metro/page.asp?p=DOC-VBP-16-01-62. I believe if we were to endorse this proposal then we would need similar information as to what is acceptable, however Nambucca Shire Council cannot provide the same level of functionality as Clarence without a significant investment and further resourcing.

3.   Coffs Harbours’ community directory is available at http://www.coffsharbour.nsw.gov.au/our-community/Pages/community-directories.aspx. It basically links to the CoffsConnect website which again offers functionality that is currently beyond what can be achieved at Nambucca with our current resourcing.

 

As per my discussions with Cr Smyth, I don’t believe there is significant work involved in establishing and maintaining a simple community directory providing the following points are noted and adhered to:

 

1.   The scope remains as per the proposal. i.e. a simple listing of community organisations and links to their websites OR a reference to the shire guide.

2.    Similar to Clarence council we should list what is acceptable or not, and ensure people are aware that Councils does not maintain nor endorse content on linked sites.

3.   Council will periodically check links to ensure their availability. If links are found to be invalid then the listing will be removed.

 

 

Attachments:

There are no attachments for this report.    


Ordinary Council Meeting                                                                                               15 October 2015

Question with Notice

ITEM 7.1      SF688              151015         Questions with Notice: Recruitment of the Natural Resources Officer

 

AUTHOR/ENQUIRIES:    Paula Flack, Councillor         

 

 

I recently enquired of the General Manager as to where he was up to with regard to recruitment of the Natural Resources Officer which Council resolved to engage using $30,000 of Environment Levy funds.  I was advised by Mr Coulter that rather than engaging an additional staff member, thus building capacity in Council's natural resource management as was my expectation, arrangements were now in place whereby an existing staff member is assisting Grant Nelson with his work (2 days per week on average) and other staff members backfilling that staff member's role.

 

1        When did this arrangement commence?

 

          GM – After considerable negotiation with management and affected staff in the Development & Environment Section and Business Services Section, the arrangement commenced on 21 September 2015.

 

2        Is it locked in ie has there been changes to contracts or can it be rolled back?

 

          GM – No.  There have been changes made to various position descriptions and to position titles, but there is no legal impediment to the changes being rolled back.

 

3        How will this decision provide transparency to the public in light of the resolution of Council?

 

          GM – The employee who has been tasked with undertaking Environmental Levy work 2 days per week is obliged to submit a time sheet which states the working hours she has undertaken on Environmental Levy work.  This is required so that her time can be costed to the Environmental Levy so as to provide the necessary transparency referred to in the question.

 

4        Has a Natural Resources Officer been added to the organisational structure?

 

          GM – The title of Council’s Strategic Planner has been changed to Coordinator Strategic Planning and Natural Resources

 

5        Who exactly is the Natural Resources Officer as per Council's resolution?

 

GM – The Environmental Levy budget for 2015/16 was reported to Council’s meeting on 25 June 2015.  The report referred to a Council resolution of 14 May 2015 that Council receive a report regarding the possibility of funding a part time Natural Resources Officer/Volunteer Supervisor and that funding such a position be considered in the next round of the environmental levy.  The report commented as follows:

 

“In the last 12 months Councils Environmental Levy has been successful in leveraging funds to support a number of projects across the Shire which are now requiring effective and timely delivery to maintain good rapport with funding bodies.

 

Options are presently being considered for a part time position to assist in the delivery of these projects and prepare for future reports.  The types of activities the role would undertake include the preparation of REF’s; various permit applications and associated GIS layers; project management and monitoring; engagement and liaison (both government agency and community); representation on relevant committees; and general assistance as required in the coordination of Environmental Levy funded projects.”

 

The budget made a provision of $30,000 for a “Natural Resource and Environmental Planning Officer”.

 

The title of Council’s Strategic Planner has been modified to Coordinator Strategic Planning and Natural Resources.

 

The title of the position Technical Officer Planning has been modified to Technical Officer Development and Environment and the position description has also been modified to provide administrative support to Coordinator Strategic Planning and Natural Resources for 2 days per week.

 

6        How can the additional natural resources work listed in the Environment Levy Report from Council's Ordinary Meeting of 25 June 2015, including oversight of outdoor work for dole program, be 'absorbed' by existing staff?

 

          GM – As part of the on-going review of the operations of the Business Services Unit it has been identified that the multi-skilling of the Executive Assistants has provided additional efficiencies.  There have also been further efficiencies with new software and improved processes such as eliminating duplicate paper filing systems.  Further efficiencies are planned in relation to on-site sewage management billing and inspection arrangements.  Given the existing and planned changes I have confidence that the identified efficiency savings are sustainable.  This was also the expectation when Council established the Business Services Unit.

 

7        Given how busy existing staff already are (there are many outstanding actions yet to be dealt with and deferred due to staffing issues) has this 'arrangement' resulted in other tasks being dropped or pushed back further?   If so what tasks?

 

          GM - No

 

8        How can increased capacity in natural resource management (which was the purpose of the funding allocation) be demonstrated with this arrangement?

 

          GM – The Technical Officer Development and Environment will be allocating 15 hours per week to assist the Coordinator Strategic Planning and Natural Resources to implement the Environmental Levy Program.  Acknowledging Council’s on-costs for employing staff of 42% and supervisory overheads, 15 hours or 2 days per week at the Technical Officer’s hourly rate, closely approximates the $30,000 which has been allocated.  The Officer has already undertaken a range of activities closely matching what was reported to Council on 25 June being:

 

·           Processing the Review of Environmental Factors (REF) for a floating pontoon and bank stabilisation on the Macksville foreshore.  The pontoon itself is not funded through the levy but it is proposed to address the foreshore erosion with levy funds if there is enough money left over after the mid-year budget review.  The REF simply bundled them together for cost savings.

·           Co-ordinating Nambucca Shire Council’s contribution to the “Our Living Coast Sustainability Festival”, including the attendance of Costa Georgiadis from ABC Gardening Australia at the Bowraville Community Gardens on 2 November and also at the proposed Valla Beach community garden. 

·           Arranging for the official opening of the photo-voltaic installation on the Missabotti Hall

·           Organising a Dune Care field day as part of the Our Living Coast Sustainability Festival

·           Liaising with recipients of community grants provided with Environmental Levy funding.  This involves informing applicants of the outcome of their applications, making payment arrangements and drafting and forwarding funding agreements for their completion.

 

9        The public expects a suitably qualified part time Natural Resources Officer funded from the Environment Levy to be engaged to undertake additional natural resource management tasks.  Just because this was not spelt out word for word in the resolution of July 25, does not mean that this was not expected or the most appropriate course of action.  If this arrangement is to continue how is it proposed to demonstrate that the $30,000 levied from the ratepayer for the environment is going to much needed natural resource tasks?

 

          GM – Council’s Coordinator Strategic Planning and Natural Resources has the qualification of Bachelor of Environmental Science (Charles Sturt University).  Council’s Technical Officer Development and Environment has the qualification of Bachelor of Economics (Macquarie University).  As indicated there will be time sheets completed by the Technical Officer Development and Environment to demonstrate her application of time to Environmental Levy projects.

 

 

Recommendation:

 

Not applicable

 

 

 

 

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                               15 October 2015

General Manager

ITEM 9.1      SF959              151015         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.

 

An Estuary Committee meeting has been arranged for 17 September 2015.

 

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.

 

Provided to Councillors on 29 October for comment.

 

 

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.

 

Provided to Councillors on 29 October for comment.

 

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.

 

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

 

Draft PoM provided to Councillors, Lions Club, Chamber of Commerce, NH Action Group for comment. Submissions close 15 October and report to be presented to Council 29 October 2015.

 

Meeting held on site with Lions Friday 2 October 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.

 

 

MARCH 2015

 

10

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.

 

Mayor and GM met with the Member for Oxley on 18 September 2015.  Details of Council’s previous submissions forwarded to the Member for Oxley with a request that she make representations on behalf of Council.

 

 

APRIL 2015

 

11

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 has now written to the Fisheries office with a list of questions.  Letter sent 3 September 2015.

 

 

JUNE 2015

 

12

SF639

11/06/15

That a report goes 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.

 

Meeting arranged with Bellingen Shire Council on 15 September 2015.  Bellingen SC interested in sharing Council’s pound.  Also discussed covering our Ranger when he is on leave.  Bellingen SC to advise of inspection date.

 

Report in November 2015.

 

 

13

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.

 

14

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.

 

Briefing to be conducted prior to the first meeting in October 2015.

 

AUGUST 2015

 

15

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

 

16

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

Letter to be drafted to appropriate Minister.

 

Letter sent week ending 30 September 2015.

 

17

SF1031

27/08/15

That Council receive a report on the ability of Council to apply for a licence variation to capture a percentage of high flow water at the Bowra Dam for the life of the dam.

 

AGMES

Report in October 2015.

 

Report to be presented to Council on 29 October 2015.

 

 

 

SEPTEMBER 2015

 

18

SF2116

10/09/15

That there be a report regarding options to maximise returns on Council’s Invested Funds from Corporate Services and if Council requires a change in the investment portfolio to invite its financial advisers to address Council.

 

AGMCS

Report in November 2015.

 

19

SF959

24/09/15

That Council advise the Minister of its determination in relation to the land at Gordon Park and provide him with a copy of Council’s resolution.

 

GM

Letter sent 8/10/2015

 

20

PRF16

24/09/15

A site inspection be undertaken in relation to the proposed classification of the land and the planned expenditure of the proceeds from the sale of the land for the Health One facility.

 

GM

Inspection to be arranged for Council meeting on 29 October 2015.

 

21

Q17/2015

24/09/15

That Council receive a further report and briefing from Greg Powter Consulting once an independent assessment has been completed (re the Pacific Highway Assets Handover)

 

AGMES

2016

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                               15 October 2015

General Manager

ITEM 9.2      SF42                151015         Fit for the Future - Joint Organisations Emerging Directions Paper

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Minister for Local Government, the Hon Paul Toole MP has released a report on the future direction of Joint Organisations (JO’s).  The report expresses concerns with the likely operating costs of a JO and their governance model.  The report restates Council’s previous concern that a JO for the Mid North Coast should be focussed on providing opportunities to increase efficiency and improve financial sustainability.

 

 

Recommendation:

 

That Council make a submission to the Office of Local Government in relation to the Emerging Directions Paper outlining the concerns identified in this report and any other matters arising out of the Workshop discussion held on 9 October 2015.

 

 

OPTIONS:

 

Council can choose whether or not to make a submission to the Office of Local Government in response to the Joint Organisations Emerging Directions Paper.

 

The issues raised in any submission are a matter for the Council.

 

The recommendation to Council’s meeting on 24 September 2015 was that Council make a submission to the Office of Local Government in relation to the Emerging Directions Paper outlining the concerns identified in this report.

 

DISCUSSION:

 

This report was considered by Council at its meeting on 24 September 2015 and it was resolved as follows:

 

“That Council make a submission to the Office of Local Government in relation to the Emerging Directions Paper outlining the concerns identified in this report.

 

That the finalisation of the submission be deferred until Council has undertaken a workshop to discuss a strategy regarding the proposed Joint Organisations.  The workshop to be held on Friday 9 October 2015 commencing at 9.00am in the Council Chambers.”

 

The Assistant General Manager Corporate Services has prepared a presentation for the workshop on 9 October.  As the business paper deadline for publication was lunch time 8 October, the outcome of the workshop discussion could not be included in this report.  Therefore provision has been made in the recommendation to incorporate any additional matters arising out of that discussion.

 

The Minister for Local Government, the Hon Paul Toole MP has released a report on the future direction of Joint Organisations.  The report is attached.

 

The Ministerial Circular which accompanied the release of the Emerging Directions Paper states as follows:

 

“Joint Organisations are central to local government reform in regional NSW and an opportunity for councils to play a more active role in their region and work in new ways with each other and the State.

 

Currently five pilot Joint Organisations are being trialled in Central NSW, the Hunter, Illawarra, Namoi and Riverina regions to tackle the issues that matter to regional communities – jobs, transport, water and tourism.

 

To mark the halfway mark of the trial, an Emerging Directions Paper has been released which outlines thinking on the key components of the JO model – the purpose, functions, governance and resource needs.

 

Successful Joint Organisations will bring more economic and social opportunities to regional areas so it is important to continue to work together to get this key part of Fit for the Future right….

 

How to make a submission

 

·      Submissions are to be sent to the Joint Organisations Emerging Directions email address: jointorganisations@olg.nsw.gov.au

·      The closing date for submissions is 5.00pm, Friday 16 October 2015

 

This important next step gives the many councils across NSW with a keen interest in JOs the opportunity to help shape the model that will bring real benefits to their communities.”

 

Part A:  Purpose, Principles and Core Functions

 

As expected, the Emerging Directions Paper proposes that Joint Organisations be provided with legal status and be enabled through the Local Government Act.  As legal entities JO’s would be able to employ staff, manage contracts and undertake regulatory functions, if and as directed by member councils.  The Paper says they will not be a fourth tier of government, but as a legislated entity undertaking functions at a regional level it is difficult to avoid this label.

 

Whilst the three core functions of the JO’s remain being:

 

·      Regional strategic planning and priority setting;

·      Intergovernmental collaboration; and

·      Regional leadership and advocacy

 

the Emerging Directions Paper seems more predisposed to JO’s undertaking additional functions.

 

“Joint Organisations may choose to undertake core functions only.  As these functions are unlikely to require significant cost or pose significant financial or governance risks, they may be undertaken by a relatively small, structurally “lean” Joint Organisation.  However, it is important to ensure that the Joint Organisation is not prevented from undertaking larger projects to carry out their core functions, such as infrastructure projects, if appropriate …

 

Regionally defined functions, or optional non-core functions, may be broadly operational and give practical effect to strategic decisions that the Joint Organisations make.  These functions may include strategic capacity building and service delivery.”

 

The Emerging Directions Paper is silent as to how the defined core functions will operate in tandem with the functions of the constituent councils.  For example, will the JO core function of inter-governmental collaboration exclude the individual councils from also undertaking this function?  If the JO is not a fourth tier of government you would not expect such functions to be the exclusive preserve of the JO.  But in practical terms what if one or more of the JO Councils makes representations or undertake actions which are inconsistent with a decision of their JO?  This issue pertains to all of the JO’s core functions.

 

The position of this Council has been that the purpose of JO’s should be principally focussed on providing opportunities to increase efficiency and improve our financial sustainability.  The overwhelming issue for Mid North Coast Councils is financial sustainability but the JO’s nominated core functions do not directly respond to this priority.  With reference to the other report in this business paper concerning Shared Services which does directly address efficiency and capacity, an emerging issue may be whether or not the Office of Local Government will support the creation of corporate entities between Councils not in the same JO.

 

The Emerging Directions Paper refers to the creation of “Joint Organisation formed entities or subsidiaries and states, “the advantages of these … are that they keep the core Joint Organisation relatively lean, focussed on policy setting and at “arm’s length” from significant service and asset management and risk”.  Whilst it’s not clear what functions these entities or subsidiaries might undertake, or why they need to be at “arm’s length” necessitating a separate governance structure, they may be a vehicle to deliver shared services such as the Coffs Coast Waste Service.  If so, it begs the question as to how they might be delivered in the context of a JO if the arrangement does not involve all of the councils in a JO or potentially councils from different JO’s.

 

Part B:  Entity and Powers

 

It is agreed that the preferred option should be a Body Corporate in the Local Government Act (Enabling) as being the most enabling and flexible option for the operations of a JO.

 

Part C:  Governance and Accountability

 

This section has some interesting principles.

 

Under the Local Government Act 1993, Councillors already have potentially conflicting roles as a member of a governing body and as an elected person.  The Emerging Directions Paper proposes to add a third potentially conflicting role being that the Councillors participating in a Joint Organisation must have a “regional hat” on.  It is difficult to accept that Councillors will approach their role on the JO free from any allegiance or loyalty to their other roles as a member of a Council governing body and as an elected person.

 

This issue has further ramifications in that it is proposed that the Joint Organisation Board comprise one representative from each full member council.  This means a council such as Coffs Harbour City Council with 72,000 residents will have the same representation on a JO as Bellingen Shire Council with 13,000 residents.  This is fundamentally undemocratic and is unlikely to be sustainable if the larger Council believes the JO is not acting in its best interests.  It may be that a JO does not challenge the parochial interests of individual councils over the region, but this may imply the JO as being relatively ineffectual in achieving its core functions.

 

The requirement to have a majority vote of 75% with the Chair having no casting vote may also hamper effective and timely decision making.  In terms of decision with no casting vote for the Chair it would be preferable that JO’s have an odd number of members but this may not always be possible.

 

The Emerging Directions Paper proposes that Joint Organisations be required to employ an Executive Officer, with the equivalent capabilities and at an equivalent level to a General Manager, senior staff member in a council or a Department of Premier and Cabinet Regional Co-ordinator.  This means a remuneration package with on costs upwards of $200,000 per annum.  With say a minimalist model comprising three support staff the employment costs alone for a JO will be upwards of $500,000 per annum.  This compares with this Council’s current contribution of $12,000 to the Mid North Coast Regional Organisation of Councils and $28,000 to Local Government NSW.

 

The only reference the Emerging Directions Paper makes to resourcing is a comment that members will fund ongoing administration and regional priorities from available sources, most likely based on contributions from member councils using a “locally negotiated formula”.  With member councils proposed to have equal voting rights, larger councils may not be supportive of a per capita based funding model. 

 

 

CONSULTATION:

 

There have been discussions and email exchanges with other General Managers of Mid North Coast Councils.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

The major risk identified in the report is the possible creation of a costly and ineffective additional (4th tier) of government. 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The proposals in the Emerging Directions Paper regarding for the staffing and operations of Joint Organisations is very concerning for the financial sustainability of Mid North Coast Councils.  Notwithstanding that all of the Councils on the Mid North Coast have real issues with financial sustainability, the JO’s are not focussed on providing opportunities to increase efficiency and improve financial sustainability.  Instead it seems they will impose significant additional costs on Council.  The actual cost will depend on the “locally negotiated formula”.

 

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

 

At this stage there is no impact on service levels and resourcing.  If the Council is obliged to make a significant financial commitment to the JO then consideration will need to be given to reducing service levels in other aspects of Council’s operations.  The proposed core functions being regional strategic planning and priority setting; intergovernmental collaboration; and regional leadership and advocacy are not undertaken by any existing staffing position.  In fact it would be the Mayor and General Manager who currently commit most time to these functions.

 

There is already substantial regional strategic planning and intergovernmental collaboration conducted on the Mid North Coast driven principally by the Department of Premier and Cabinet as well as other State authorities.  The addition of a JO to this process will result in a significant increase in the total resources allocated to regional planning and collaboration.  What return this increase in resources will provide to the residents of rural and regional Australia is the “$64m question”.

 

Attachments:

1

28890/2015 - Joint Organisations - Emerging Directions Paper

 

  


Ordinary Council Meeting - 15 October 2015

Fit for the Future - Joint Organisations Emerging Directions Paper

 
















Ordinary Council Meeting                                                                                               15 October 2015

General Manager's Report

ITEM 9.4      SF821              151015         Nominations to Board and Deputy Board Positions on Gaagal Wanggaan (South Beach) National Park Board of Management

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council nominate two Councillors for the position of Board and Deputy Board members to the Gaagal Wanggaan (South Beach) National Park Board of Management.

 

 

OPTIONS:

 

Presumably the Council could choose not to nominate any members to participate on the Board.  Given the significance of the Gaagal Wanggaan (South Beach) National Park for the environment to Aboriginal people and also for tourism it would seem to be in Council’s interest for it to actively participate in the Board of Management.

 

 

DISCUSSION:

 

Council has received the attached letter from the Chair of the Gaagal Wanggaan (South Beach) National Park Board of Management.

 

The letter advises that the tenure of the current Board finishes in December 2015 and in order to assist the Minister for the Environment with the process to appoint a new Board, the Chair seeks nominations to represent Nambucca Shire Council on the Board.

 

Council has been represented on the Board since 2011 by Councillor Ainsworth as a Board Member and by Councillor Ballangarry as a Deputy Member.

 

The letter advises that Board members are appointed for a four year term and generally Board meetings are held quarterly at a venue in the Nambucca Valley.  Sitting fees are paid, although the letter does not identify their quantum.

 

The letter also lists the achievements of the current Board.

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Board of Management is concerned with the administration of the National Park which has significant environmental attributes.

 

Social

 

The National Park is of significant cultural importance to local Aboriginal people and was the subject of a successfully Native Title claim.

 

Economic

 

There are significant economic opportunities created by the National Park through employment and tourism.

 

Risk

 

There are no identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on Council budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact on service levels or resourcing/staff implications.

 

Attachments:

1

30838/2015 - Call for nominations

 

  


Ordinary Council Meeting - 15 October 2015

Nominations to Board and Deputy Board Positions on Gaagal Wanggaan (South Beach) National Park Board of Management

 



Ordinary Council Meeting                                                                                               15 October 2015

General Manager

ITEM 9.5      SF979              151015         Shared Services

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

In 2014 the Mid North Coast Regional Organisation of Councils (MIDROC) engaged consulting firm KPMG to undertake an investigation to identify optimal service delivery models for the MIDROC councils.  With a limited data set, KPMG identified the potential for a 10% saving in councils’ operating costs by councils working collaboratively across their boundaries through “shared service” endeavours.

 

Following the KPMG report, the General Managers of Bellingen, Nambucca, Kempsey and Gloucester councils have met on several occasions to continue a dialogue in relation to the potential opportunities which shared services might provide their respective councils.

 

At a meeting of the councils’ General Managers in Kempsey on 10 August, there was discussion concerning a draft Memorandum of Understanding (MoU) for further engagement in shared services.  Agreement was reached on the attached draft MoU as an overarching statement of intent and direction.

 

 

 

Recommendation:

 

That based on the Workshop discussion held on 9 October 2015, that Council decide whether or not it wishes to be a party to a Memorandum of Understanding for the provision of shared services with Bellingen, Kempsey and Gloucester Councils and if so any special conditions which might attach to that Memorandum of Understanding.

 

 

 

OPTIONS:

 

There are many potential options.

 

In the first instance there needs to be agreement to the principle that Councils will achieve efficiencies for their communities by working collaboratively with other councils in sharing some services.

 

The recommendation put to the Council meeting on 24 September 2015 was:

 

1        The information concerning the draft Memorandum of Understanding for Shared Services be received.

 

2        That Councillors provide the General Manager with any comments in relation to the draft Memorandum of Understanding for Shared Services so that they may be considered in finalising the document for adoption by the respective councils.

 

3        There be a further report to Council on a Memorandum of Understanding for     the provision of shared services.

 

 

DISCUSSION:

 

This report was considered at Council’s meeting on 24 September 2015 and it was resolved that:

 

“That the information in the report be received and that this item be deferred until Council can workshop the matter on Friday 9 October 2015”.

 

The Assistant General Manager Corporate Services has prepared a presentation for the workshop on 9 October 2015.  As the business paper deadline for publication was lunch time 8 October, the outcome of the workshop discussion could not be included in this report.  Therefore provision has been made in the recommendation to incorporate the outcome of that discussion.

 

In 2014 the Mid North Coast Regional Organisation of Councils (MIDROC) engaged consulting firm KPMG to undertake an investigation to identify optimal service delivery models for the MIDROC councils.  With a limited data set, KPMG identified the potential for a 10% saving in councils’ operating costs by councils working collaboratively across their boundaries through “shared service” endeavours.

 

Following the KPMG report, the General Managers of Bellingen, Nambucca, Kempsey and Gloucester councils have met on several occasions to continue a dialogue in relation to the potential opportunities which shared services might provide their respective councils.

 

It is fair to say that the meetings have evidenced some differences between the councils in relation to their values, processes, capabilities and relative strengths and weaknesses.  However more importantly there is solid agreement to the principal that the councils will improve their efficiency by sharing a range of services.  In this forthcoming “Fit for the Future” period it will be important for councils, and particularly smaller councils, to demonstrate the efficiency improvements which could be achieved through using the same economies of scale which underpin much of the justification for Council amalgamations.

 

At a meeting of the councils’ General Managers in Kempsey on 10 August, there was discussion concerning a draft Memorandum of Understanding (MoU) for further engagement in shared services.  Agreement was reached on the attached draft MoU as an overarching statement of intent and direction.

 

Reaching agreement on an MoU is important as all of the councils are undertaking or are proposing to undertake reviews of their service delivery.  It is possible for some of those service reviews to be undertaken collaboratively and not only examine possibilities for efficiency/effectiveness gains within the Council but also across Councils.

 

Other associations of councils are also undertaking similar work.  A recent paper prepared by Percy Allan & Associates for North Shore Councils (document no. 25817/2015) has been circulated to Councillors for their information.  The paper is useful as it corroborates the findings of KPMG and provides similar direction to that proposed in the draft MoU.

 

Because of the need to undertake process review across Council boundaries and obtain agreement and approval to a governance structure, the implementation of shared services will be more akin to a “journey” than a single key performance indicator which will be completed within 2 years.  As with any journey there will be sectors which don’t go as well as others but a travel map is required to ensure that everybody is aware of both the starting point and destination.  At this preliminary stage the “travel map” or steps towards the achievement of shared services between the councils is envisaged as follows:

 

1        Development of draft Memorandum of Understanding (MoU)

2        Adoption of Memorandum of Understanding by each Council

3        Development of a draft constitution for the governance structure

4        Adoption of the constitution by each Council

5        Obtain approval of Minister for Local Government (under Section 358 of the Act) to the formation of a corporation or other entity which will be responsible for delivering the shared services to the respective councils

6        Undertake cross boundary service reviews to identify those services which would benefit from a shared services approach

 

The councils’ General Managers have agreed on five (5) service areas which they believe will provide benefits being:

 

·           Information Technology

·           Procurement

·           Fleet

·           Human Resources (including Work, Health and Safety)

·           Finance

 

These are seen as key services which will be required to underpin any provision of other shared services, so are seen as being necessary to review first to ensure that the organisations have the capacity to provide any other shared services where this is seen as advantageous.

 

 

CONSULTATION:

 

There has been consultation between the General Managers of Bellingen, Nambucca, Kempsey and Gloucester Councils.

 

In the first instance there will need to be consultation with the management staff of each Council.  These staff will be primarily responsible for identifying opportunities for efficiency gains and implementing the recommendations arising out of service reviews.

 

At the meeting on 10 August there was also a representative of Midcoast Water.  There should be consultation with other Mid North Coast Councils to ascertain their interest in being a party to the MoU.

 

There will need to be consultation with the Office of Local Government in relation to the creation of a governance entity, such as a corporation.

 

There will also need to be consultation with the Unions representing Council staff.  At the meeting on 10 August 2015, the position of the General Managers was that the Local Government Award apply to all staff of any corporation which may be formed by the councils.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no environmental implications.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

There are no immediate risks.

 

At a strategic level there are risks in doing nothing.  As the responsibility to opt in or out of a specific service provision will be determined in the first instance by the member councils, each Council will retain control over the services they elect to provide through a shared service model.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

If there is agreement to an MoU and an appropriate governance structure is created then there will be costs associated with the service delivery reviews to determine those functions which could be undertaken more efficiently through a collaborative/shared services model than by the Councils individually.  Much of this cost would still accrue to the Councils if they were to undertake service delivery reviews for their own administrations as a separate endeavour.

 

Given previous and current examples of shared services arrangements either failing or being hampered by the lack of a governance structure, Council should not be contributing any cash funding to the development of the model until the MoU is endorsed and the separate entity is created. Section 358 of the Local Government Act provides that a Council must not form or participate in the formation of a corporation or other entity, or acquire a controlling interest in a corporation or other entity, except with the consent of the Minister and subject to such conditions, if any, as the Minister may specify.  In applying for the Minister’s consent, the council is required to demonstrate, to the Minister’s satisfaction, that the formation of, or the acquisition of the controlling interest in, the corporation or entity is in the public interest.

 

Council should not consider contributing any cash funding to the development of the model until the MoU is endorsed and the separate entity is created.  This position has been put to the other General Managers.

 

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

 

At this stage it is expected that there will be increased discussion by management of the respective councils but agreement will need to be reached as to an MoU and the creation of a governance structure before any major commitment of staff resources.

 

Attachments:

1

25826/2015 - Shared Services Draft Memorandum of Understanding

 

  


Ordinary Council Meeting - 15 October 2015

Shared Services

 

MEMORANDUM OF UNDERSTANDING

 

DATE:

 

PARTIES:

 

Bellingen Shire Council

Nambucca Shire Council

Kempsey Shire Council

Gloucester Shire Council

 

 

PURPOSE:

 

This Memorandum of Understanding relates to the intent of the Councils to collaboratively undertake service reviews and develop shared services for the purpose of improving the service delivery to the community by reducing the cost of service provision and better utilising the resources available.

 

 

OPERATIVE PART:

 

1       Definitions

 

Service Review refers to the process of reviewing the way in which a service, or component of a service is provided, to identify the best way to provide the service as well as to assessment of what services or service levels are to be provided to the community(ies).

 

Shared Services refers to two or more local government authorities jointly planning, employing staff, undertaking management, business and/or regulatory activities, delivering and/or maintaining infrastructure, or providing services to their communities.

 

 

2       Use of Shared Services to Reduce Operating Costs

 

2.1      The Councils acknowledge that by sharing a range of services they will improve their efficiency of service provision by tackling common tasks and by taking                            advantage of economies of scale.

 

2.2      The Councils acknowledge that their priority in undertaking shared services              will generally relate to services meeting one or more of the following criteria:

 

·    Are essential to support the development of a shared services platform

·    Are capable of providing improved efficiency or effectiveness outcomes in the shorter term

·    Provide the greatest value in improving service delivery to the community based on the following factors:

o Require high degree of expertise

o Largely self-contained

o Can realise economies of scale

o Non-strategic, low risk, rule based services

o High volume transaction processing, and

o Services requiring access to the latest technology

 

2.3      All services will be reviewed. This does not mean that all services will be provided through shared services, but all need to be assessed to identify opportunities to improve service provision.

 

2.4      The Councils acknowledge that their commitment to the use of shared services to reduce operating costs will require a willingness to cede a degree of local autonomy, albeit within a negotiated framework.

 

2.5      The Councils also acknowledge that for any shared services arrangement to succeed it will require:

 

·        Political and management commitment from each council

·        A commitment of funding or in-kind resources to investigate the opportunities for shared services and to establish a governance structure

·        Staff who are passionate in identifying and realising the potential economies of shared services

·        A willingness to invest time and energy into building relationships with staff from other councils

·        An effective governance framework which provides for equal rights in decision making and influence over the activities of shared services

 

3          Creation of a Governance Framework for Shared Services

 

3.1      The Councils acknowledge that the development of shared services arrangements between the councils will require the use of a separate entity in which each Council has equal say.

 

3.2      When agreement is reached amongst the Councils that a particular activity should be delivered via a shared services arrangement, then the Councils agree that the particular activity will be undertaken by the separate entity and not the constituent councils.

 

3.3      The entity is to be a corporate structure.

 

 

3.4      The board comprised of the General Manager who are the appointed representatives of the member councils to manage the shared service delivery.

3.5      The responsibility to opt in or out of a specific service provision is determined in the first instance by the member councils.

 

4          Allocation of funding

 

4.1      Initial funding of the model will be provided by:

 

Bellingen Shire Council: $50,000

 

Gloucester Council: $50,000

 

Kempsey Shire Council:

 

·    Staffing for positions of Head of Service Reviews, Program Manager, and Scheduling/Benefits Manager seconded from within existing staffing,

·    $210,000 in cash funding.

 

Nambucca Shire Council: $50,000

 

4.2      The Councils agree to the prioritisation of funding to the governance structure from savings gained through the shared service activities until such time as the shared entity become self funding.

 

4.3      The intent is to have all councils as equal equitable members of the entity.

 

4.4      The entity will be run on the basis of reducing cost to members and as such shall determine pricing to reflect the long term cost of service provision and not make profits for the purpose of dividends or distributions.

 

5          General Principles

 

5.1      The council agree that they shall enter into shared service provision where there are benefits shown to the community or where other members gain benefits and there is no disadvantage to the council.

 

5.2      There is no expectation that cross subsidisation will occur and cost attributed to members should as close as practicably reflect the cost of the service provision.

 

5.3      Decisions on service levels to the community to each council area remains with the member councils and the shared service entity role is to provide service to meet the agreed service standard.


Ordinary Council Meeting                                                                                               15 October 2015

General Manager's Report

ITEM 9.6      SF2052            151015         Proposed Mosaic - Nambucca Heads Post Office Corner

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        That Council note the information concerning the proposal of the Nambucca Heads and Valla Beach Chamber of Commerce and Industry Inc. to develop a major piece of public art in Nambucca Heads in the form of a ceramic mosaic and the request for Council assistance being the provision of approvals; the construction of a strip footing and retaining wall; the removal of the existing planter box; and the lifting in of two boomerang bench seats.

 

2        There be a further report to Council on the funding of the project once the grant applications have been determined.

 

 

OPTIONS:

 

Council can advise the Nambucca Heads and Valla Beach Chamber of Commerce and Industry Inc. that it is not in a position to provide any further support to the mosaic project.

 

 

DISCUSSION:

 

The Nambucca Heads and Valla Beach Chamber of Commerce and Industry Inc. have for a number of years been endeavouring to obtain substantial grant funding to develop a major piece of public art in Nambucca Heads, being a substantial ceramic mosaic on the corner of Bowra and Ridge Streets (the Post Office corner).

 

The mosaic which would be constructed under the supervision of well known local artist Guy Crosley, would involve unemployed youth, people with disabilities, Aboriginal people and the general public developing their skills in mosaic construction and the creation of public art.  Besides the creation of a major piece of public art, the project will enliven with colour what is presently a rather unattractive area in the heart of the town.

 

A concept plan for the proposed mosaic is attached.

 

There have been a number of meetings with Council staff and more recently the Mayor in relation to the progress of the project.  The Council has provided letters of support to the Chamber’s grant applications.

 

In 2014 the Chamber received a grant of $7,500 for the project but this was insufficient for the project to proceed.

 

In about August 2015, the Chamber submitted an application to the Australia Council for an Arts Grant of $49,000.  It is expected that the outcome of this application will be known in January 2016.

 

The funding for the project is now proposed to include:

 

Australia Post – Building Communities                             $10,000

Federal Government – Stronger Communities         $10,000

Australia Council – Arts Grant                                 $49,000

 

As indicated on the concept plan the Chamber of Commerce is seeking Council’s assistance with the necessary approvals and also in constructing a strip footing and retaining wall which will be the base for the mosaic.

 

The requested assistance from Council has not been budgeted for and will be a substantial financial commitment.  The footing will need to be designed and costed and there will need to be a Section 138 approval for working in a road which will require the preparation and implementation of a traffic management plan.  Whilst Council staff have participated in meetings, pending the determination of the grant applications, the substantial work required in design and approvals has not proceeded.

 

At this stage it is impossible to say what the financial commitment which is being sought from Council will be, but given the nature of the work and its location it is anticipated that the expected financial commitment from Council would exceed $20,000.

 

The purpose of this report is to alert Council to the progress of the project and to the expectation on the part of the Nambucca Heads and Valla Beach Chamber of Commerce and Industry Inc. that Nambucca Shire Council will partner with them in delivering this project.

 

 

CONSULTATION:

 

There has been consultation with representatives of the Nambucca Heads and Valla Beach Chamber of Commerce and Industry Inc.; Guy Crosely, Council’s Grants Officer and the Mayor.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The construction of the mosaic would be a significant endeavour in community building through the engagement of disadvantaged people in the construction of a major piece of public art.

 

The art work itself will become a feature of the town centre and build on the established reputation of the Nambucca Valley in mosaic public art.

 

Economic

 

The proposed art work will be a tourist attraction.

 

Risk

 

The major risks are the unknown cost of Council’s contribution being the provision of approvals and the construction of a strip footing and retaining wall and also the on-going maintenance of the mosaic.  As the mosaic will be constructed mainly on Council owned land, the Council will inherit the financial obligation for its maintenance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no budget impacts.  However it is anticipated that if the grant applications are successful then a budget variation will be sought to fund Council’s contribution towards the project.

 

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

 

At this stage there is no impact on service levels.

 

Attachments:

1

31613/2015 - PO mosaic plan

 

  


Ordinary Council Meeting - 15 October 2015

Proposed Mosaic - Nambucca Heads Post Office Corner

 



Ordinary Council Meeting                                                                                               15 October 2015

General Manager's Report

ITEM 9.7      SF2037            151015         Minutes of the Nambucca Shire Council Access Committee meeting held 22 September 2015

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 22 September 2015 are attached for Council’s endorsement. 

 

There is one formal recommendations requiring Council’s attention.

 

 

Recommendation:

 

1.   That the Missed Business Booklet be placed on Council’s website, after updating contact details, and that the Chambers of Commerce be made aware of it so that businesses can maximise the opportunity to cater to clients of all abilities.

 

2.   That Council endorse the remaining minutes of the Nambucca Shire Council Access Committee meeting held 22 September 2015.

 

 

OPTIONS:

 

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

 

DISCUSSION:

 

The “Missed Business” booklet was an initiative between Mid North Coast Access Committees a few years ago.  It is a printed guide which was circulated to small business owners to assist them to attract more customers by providing better access to their premises.  The booklet contains advice (not statutory requirements) and is user-friendly.  It is well worth putting back into circulation, this time in digital format.

 

Note:  There are numerous simple ways to improve access in 4 key areas:

 

1.   Make it easy for people to find you.

2.   Make it easy for people to move around.

3.   Make it easy for people to get served.

4.   Make the most of customer service.

 

 

CONSULTATION:

 

Nothing required

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Nothing identified

 

Social

Nothing identified

 

Economic

Nothing identified

 

Risk

Nothing identified

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is no impact on budgets resulting from this report.

Source of fund and any variance to working funds

Nil

Service level changes and resourcing/staff implications

Nothing identified

 

Attachments:

1

30045/2015 - Minutes - Access Committee - 22 September 2015

 

  


Ordinary Council Meeting - 15 October 2015

Minutes of the Nambucca Shire Council Access Committee meeting held 22 September 2015

 

PRESENT

 

Cr E South (Chairperson)

Dr Dorothy Secomb

Ms Lee-anne Funnell

Ms Margaret Hutchinson

Mr Les Small

Cr A Smyth

Ms Coral Hutchinson

Ms Sam Noble

 

 

APOLOGIES

 

Ms Jenny Adams

Mr Keith Davis

Mr Peter Shales

Ms Janet Pope (Guide Dogs)

 

 

Assistant General Manager Corporate Services Report

ITEM 3.1      SF2037              220915      Confirmation of the Minutes of the Previous Meeting held  28 July 2015.

Recommendation:  (smyth/small)

 

That the Committee confirm the minutes of the meeting held 28 July 2015, noting that there was no meeting in August.

 

 

 

ITEM 3.2      SF2037              220915      Business Arising from Previous Meeting held 28 July 2015

Recommendation: (south/hutchinson)

 

1.   That the Missed Business Booklet be placed on Council’s website, after updating contact details, and that the Chambers of Commerce be made aware of it so that businesses can maximise the opportunity to cater to clients of all abilities.

 

2.   That the information regarding the Living Well Expo, Nambucca Phoenix Little Village display and progress of the exercise room at Macksville Aquatic Centre be noted.

 

 

 

ITEM 3.3      SF2037              220915      Correspondence to the Access Committee meeting 22 September 2015

ReCOMMENDATION:

 

That the correspondence be noted.

 

 

 

ITEM 3.4      SF2037              220915      Report on General Business to the Access Committee 22 September 2015

Recommendation:

 

The following matters were noted without formal resolution:

 

1.   The outline of the National Disability Insurance Scheme (NDIS) and the rollout to the Mid North Coast from 1 July 2071.

2.   Information from Building Accessibility Into Your Events workshop.

3.   Shirley Holmes is leaving the area for Queensland.

4.   Request for exclusive accessible parking in Bowra Street Nambucca Heads by a disability service -  the Committee decided that whilst it understands the issues raised by the service, at this stage it supports the response by the Manager Technical Services.  The Committee further noted its roll in lobbying some years ago for parking in the vicinity of the Catholic Church to be designed with people with disabilities in mind.

 

 

 

NEXT MEETING DATE

 

The next meeting will be held on 27 October 2015 commencing at 2.00pm. 

 

Note: Cr Smyth will be an apology.

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.30 pm. 

 

 

 

………………………………

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                               15 October 2015

General Manager's Report

ITEM 9.8      DA2015/103      151015         Proposed Outdoor Target Shooting Range

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

The proposed development includes the construction of an outdoor target shooting range in a cleared gully located within Lot 262 DP 755549 (132 Morans Road, Missabotti). It is proposed to construct a building containing 25 shooting bays and develop an associated target shooting range with bullet catchment devices which are intended to capture bullets to restrict potential lead contamination.

 

The plans and documentation supporting the development application have been included within attachment 1 of this report and include plans illustrating the proposed development, a flora and fauna report, noise assessments, and bushfire report.

 

54 submissions were received during public notification of the development application; with the most common reasons for objection being potential lead contamination, noise impacts, impacts on fauna, inadequate road access, and that insufficient assessments were submitted regarding the developments emission of noise and impacts on flora and fauna.

 

After assessment of the proposed development in accordance with the relevant sections of the Environmental Planning and Assessment Act 1979 (the act), it is considered that there is sufficient information available for Council to determine that the proposal will not be contrary to any provision of the act and that it will not result in any adverse impacts on the natural, social or economic environments of the locality; subject to the inclusion of the recommended conditions of consent contained within attachment 2.

 

The development application is being referred to Council for determination because staff do not have delegated authority to determine the application as it has been “called in” by Council.

 

Note from GM:

 

Council staff endeavoured to arrange a demonstration of the potential noise impacts of the shooting range by Club members undertaking target shooting on the proposed range whilst Councillors attended a nearby property to listen.  The Firearms Registry has now refused a request from the Secretary of the Nambucca Pistol Club Inc. to allow this demonstration to occur.  The Firearms Registry have advised as follows:

 

“As part of the Development Application Council has asked for a noise test to be conducted on the site.  A Commissioners Permit was issued to allow firearm use on the proposed range site for noise testing by a qualified person.  My understanding is that this testing has taken place and a report completed by a qualified person.

 

Should Council dispute such testing they may require additional testing.  This testing must be done by a qualified person (expert) in the field of noise evaluation.  A further Commissioners Permit application would need to be submitted together with an additional fee for such a permit.

 

It is not the case that a large number of Council staff and Councillors’ can simply attend the range and listen to gun shots, nor is it the case that a number of residents would be able to attend.  Whilst on a practical level they would be able to hear gunshots, none would be in a position to scientifically record or explain such noise testing.

 

A Commissioners Permit will not be issued authorising firearm use for such a demonstration.

 

In answer to your specific questions.  No you cannot use hand guns or long arms to satisfy these people nor should there be any firearms present should there be persons protesting or objecting present.

 

Signed

Range Inspector

Firearms Registry

 

As a result, whilst a site inspection will proceed it will not include a demonstration of the potential noise impacts.  Councillors will need to satisfy themselves in relation to noise impacts from the information provided by the applicant and the assessment contained in this report.

 

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

 

 

Recommendation:

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/103 for a Recreation Facility (Outdoor): Shooting Range at Lots 262 DP 755549, subject to the schedule of conditions outlined in attachment 2 of this report.

 

OPTIONS:

 

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

(b)        Request the applicant provide further information prior to determining the development application.

(c)        Refuse consent to the development application.

 

DISCUSSION:

 

Site Description

The development site is located at 132 Morans Road, Missabotti and is legally known as Lot 262 DP 755549. The site has an area of approximately 39ha and is part of a large rural holding (approximately 636ha) which is accessed off the end of Morans Road. This site contains heavily vegetated undulating slopes with cleared areas within the gully floor which is currently used as grazing land in association with the remainder of the cleared areas within the holding. There are no existing buildings on the site.

 

The surrounding area is comprised of a mixture of thick forested vegetation on steep undulating slopes, grazing land and scattered dwelling houses. The closest dwelling to the development site is approximately 960m to the south.

 

Locality Plan

 

Description of Proposal

The proposed development includes the construction of an outdoor target shooting range in a cleared gully located within the development site. The proposal includes:

·   A building containing 20 pistol shooting bays, 5 rifle shooting bays, a meeting room, storage room and toilet.

·   A 25m, 50m and 100m target shooting range containing bullet catchment traps and earth mounds behind the targets and a sequence of timber rails located between the targets and the shooting bays which are designed to restrict the shooters vision of the ground.

·   Adjustable timber eyebrow baffles in each shooting bay to restrict the shooters ability to shoot above the bullet catchment traps.

·   Excavation of diversion drains around the range area to restrict stormwater flows entering the range area.

·   Use of the range three days per week between:

Ø 10am-5pm on Saturdays (max 20 attendees)

Ø 10am-2pm on Tuesdays (6 attendees)

Ø 10am-4pm on Wednesdays (10 attendees)

It is proposed to use the range on other days of the week only when the range cannot be used on the nominated days due to weather conditions.

·   Car parking bays.

·   Access off Morans Road over Lots 263 and 264 DP 755549.

·   Erect convex mirrors on Morans Road and reduce speed limit to 20km/h to improve road safety.

 

The plans and documentation submitted by the applicant as part of this development application have been included within attachment 1.

 

Subject to the recommended conditions of consent, the proposed development is considered to be satisfactory with regards to the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:

 

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

 

This section requires Council to be satisfied that the proposed development will not result in any significant effects on threatened species, populations, communities or their habitats and provides a range of matters to be considered when determining the significance of any impacts.

A Flora and Fauna Report prepared by a suitably qualified person was submitted with the development application. No threated or endangered flora species were detected or are considered likely to occur within 100m of the proposed shooting range. Furthermore, the shooting range is to be located within a cleared area historically used for logging and agriculture; meaning there will be negligible disturbance to flora species as part of the proposal.

Threatened fauna species were not recorded on site by the author of the Flora and Fauna Report. However; assessment was made on the potential impacts of the proposed development on the 13 threatened fauna species recorded with 10km of the proposed shooting range.

Due to the mitigation methods included within the recommended conditions of consent, which will ameliorate potential lead impacts on fauna species, and that the proposal will not result in any significant disturbance to vegetation on site; the main consideration with regards to impacts on local fauna species as a result of the development is noise from gunfire within the proposed shooting range.

The area within 100m of the proposed shooting range does not contain suitable breeding habitat for the known or likely to occur threatened species within the locality. However, it does contain foraging habitat for 6 of the recorded threatened species. All of these species are nocturnal except for the Glossy Black Cockatoo, meaning they are unlikely to be impacted by the daylight use of the proposed shooting range. Given the low density of feed trees within 100m of the shooting range, foraging activity by Glossy Black Cockatoos is likely to be minimal in that area.

The submitted Flora and Fauna Report states that many fauna species are known to become habituated to noise sources; that is, the animal investigates the noise and determines that it is not a threat. This is reaffirmed in a Species Impact Statement (SIS) prepared for the shooting range approved off Scotts Head Road in 2004. In that SIS (which received concurrence from the Department of Environment & Conservation), it was concluded that habituation to gun fire noise was a key reason why it was not considered that the shooting range would have any significant impacts on the recorded threatened species. These included many of the species likely to occur on the subject site, including the Glossy Black Cockatoo. Other factors in this determination was the proximity of habitat, topography of the land and the infrequency of shooting activity. Given the potential habitat for threated fauna species is at a greater distance than that identified in the SIS, the topography of the subject site is more favourable with regards to noise compared to the Scotts Head range and the conditioned infrequent use of the proposed shooting range; it is not considered that the proposal will have any greater effects on threatened species than that identified in the SIS.

As part of the above mentioned SIS, short term studies were commissioned to gather information on the occurrence of fauna in the vicinity of operational shooting ranges in Wingham, Kempsey and Dairyville to support the justification of fauna habituation to gun fire noise. A number of the threatened fauna species that could occur at the subject site were recorded at the shooting ranges which had been operational for significant periods of time. It was also noted that Glossy Black Cockatoos had been observed at the former Scotts Head shooting range even when firearms were being discharged, which further reaffirmed their ability to habituate to noise. Furthermore, after commencement of use of the Scotts Head shooting range, an investigation was undertaken to detect the presence of Yellow Bellied Gliders and Squirrel Gliders which were found to still be occupying the site.

Having regard to the above, it is considered that sufficient information is available to satisfy Council that the proposed development will not be contrary to the matters for consideration outlined in this section subject to the recommended conditions of consent. As such, it is not considered that the proposal will have any significant effects on threatened species, populations, communities or their habitats.

Section 79BA - Consultation and development consent—certain bush fire prone land

 

Due to the intermittent use of the development it is considered that ensuring the development is not used on high risk fire days and the provision of sufficient emergency evacuation measures, property access from Morans Road, defendable space, water supply and communication; will ensure the development is consistent with the provisions of Planning for Bushfire Protection 2006. As such, conditions addressing the above matters have been included within the recommended conditions of consent.

 

Section 79C (1) - Evaluation

 

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

 

(a) the provisions of

 

(i) any environmental planning instruments

 

·      The Nambucca Local Environmental Plan 2010 (NLEP 2010)

 

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

 

Clause

Complies

Comments

2.3 - Zone objectives and land use table

Yes

The development site is within the RU2 Rural Landscape zone.

The proposed shooting range is classified as a Recreation Facility (Outdoor) under the NLEP 2010 and is permissible with development consent within the RU2 Rural Landscape zone.

The proposed shooting range is not considered to be contrary with the objectives of the zone as follows:

•     Objective: To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

Comment: The location of the range is located within a small cleared gully which is isolated by thick vegetation and the topography of the land. Having regard to this and the recommended conditions of consent which will mitigate any off site impacts; it is not considered that the proposal will discourage primary industry production.

 

•     Objective: To maintain the rural landscape character of the land.

Comment: Having regard to the scale of the works associated with the development and their location, it is not considered that the proposal will have a significant impact on the existing rural landscape character of the land.

 

•     Objective: To provide for a range of compatible land uses, including extensive agriculture.

Comment: Surrounding land uses consist of agriculture and residential accommodation. Having regard to the separation of the development from these surrounding land uses and the recommended conditions of consent (discussed later in this report), it is not considered that the proposed development will result in any adverse impacts that would render the proposed use incompatible with surrounding land uses.

•     Objective: To control development which could have an adverse impact on the Council’s urban water supply.

Comment: The development site is located on the fringe of Councils drinking water catchment. Potential contamination of ground/surface water has been addressed later in this report. Given that suitable controls have been included within the recommended conditions of consent to ensure the proposed development will not have an adverse impact on Councils urban water supply, the proposal will be consistent with this objective.

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

Yes

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

7.3 – Flood Planning

Yes

The location of the proposed shooting range is within a gully which has a steep yet heavily vegetated 8ha catchment. As such, the location of the development site on the gully floor is considered to be below the flood planning level (FPL).

 

Given the width and topography of the gully floor on which the range is to be located, there is no defined flow path for existing surface water flows. However, it is proposed to redirect surface water flows around the shooting range via excavated swale drains to ensure surface water does not enter the shooting range or impact on the proposed buildings. Having regard to the nature of the catchment it is considered that such a concept is feasible. A condition has been included within the recommended conditions of consent requiring the applicant to provide detailed stormwater management plans prepared by a Hydrological Engineer or other suitably qualified person to Council for approval prior to the commencement of works. The plans would need to demonstrate that the drainage measures are designed to accommodate FPL flows and include measures to ensure the works will not result in adverse erosion and sedimentation impacts.

 

The applicant has also advised Council that the shooting range will not be used when it is raining; meaning no one will be at the facility during a flood event. A condition restricting the use of the facility during rain events has been included within the recommended conditions of consent.

 

Having regard to the above, the proposed development is consistent with this clause because:

•     The works required as part of the recommended conditions of consent and the use of the range will ensure it is not incompatible with the flood hazard of the land.

•     It will not adversely affect flood behaviour in a manner which would increase flood affection of other development or properties.

•     While the access way does traverse a gully/floodplain with a large catchment area, restricting the use of the facility during rain events and redirecting water around the range is considered to be an appropriate measure to manage the risk of life from a flood event.

•     The conditioned stormwater management plan will ensure the development will not adversely affect the environment.

•     It is not likely to result in unsustainable social or economic costs to the community as a consequence of flooding.

7.4 - Public utility infrastructure

Yes

It is not considered that there is any essential public utility infrastructure required for the development.

7.6 - Earthworks

Yes

Subject to the recommended conditions of consent, the proposed/conditioned earthworks are considered to be consistent with the matters outlined in this clause because:

•     The proposed redirection of flows around the range will not adversely affect existing drainage patterns or soil stability.

•     They will not adversely affect the future use of the land due to their location and scale.

•     The existing site is not considered to be contaminated, with all excavated material to be used on site suitable for the proposed use.

•     They will not affect the existing amenity of adjoining properties.

•     A condition has been included within the recommended conditions of consent requiring any excess fill to be disposed of at a licensed facility; with any imported fill to be certified as virgin excavated natural material (VENM) prior to being brought onto the development site.

•     Having regard to the modified nature of the site and its location, the disturbance of relics is considered to be unlikely.

•     Appropriate measures will be in place to ensure there will be no adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area resulting from the proposed earthworks.

 

·      State Environmental Planning Policies

 

The proposed development is assessed against the relevant State Environmental Planning Policies in the following table:

 

State Environmental Planning Policy

Complies

Comments

SEPP 44 - Koala Habitat Protection

Yes

A flora and fauna report prepared by a person with appropriate qualifications and experience in biological science and fauna survey and management was submitted with the development application. Having regard to the findings of the report the site is not considered to be core koala habitat as defined by this policy. As such, in accordance with clause 8, Council is not prevented by this policy from granting consent to the development application.

SEPP 55 - Remediation of Land

Yes

Having regard to the information submitted by the applicant regarding the historical use of the site, inspection of the site, and review of Councils records; the development site is not considered to be contaminated because there are no known previous uses or activities on the site that would have resulted in any contamination of the land.

SEPP 62 - Sustainable Aquaculture

Yes

It is not considered that the proposed development will result in any adverse effects on oyster aquaculture development or a priority oyster aquaculture area because of the sites location from any of these areas and subject to the inclusion of the recommended conditions of consent.

SEPP – (Rural Lands) 2008

Yes

For the reasons outlined throughout this report, it is not considered that the proposal will contradict any of the Rural Planning Principles outlined in clause 7 of the SEPP.

 

(ii) any draft environmental planning instrument

 

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

 

(iii) any development control plan (DCP)

 

·      Nambucca Development Control Plan 2010 (DCP)

 

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

 

NAMBUCCA DCP 2010

Complies

Comments

Notification and advertising (Part A)

Yes

The application was notified and advertised in accordance with Part A of the DCP. 54 submissions were received and are addressed later in this report.

Environmental context (Part A)

Yes

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

Car Parking and Traffic (Part C)

Yes

The DCP does not set parking requirements for the proposed development as they are to be justified at DA stage. The applicant proposes to provide room for 22 car parks on site for the development. Given that the maximum number of people on site at any one time is 20 (recommended condition of consent), it is considered that sufficient car parking will be available on site for the proposal.

The existing vehicular entrance to the site at the end of Morans Road appears to cross sections of Lot 132 DP 755549. Because no legal right of access exists across this section of land (owner’s consent not provided), a condition has been included within the recommended conditions of consent requiring the entrance to the development site to be relocated so that vehicular access is obtained directly from Morans Road.

Furthermore, a condition has also been included to ensure internal access is constructed to comply with Planning for Bushfire Protection 2006.

Sediment and erosion control (Part D)

Yes

Conditions have been included within the recommended conditions of consent that will ensure adequate erosion and sedimentation devices which are consistent with Part D of the DCP are installed prior to the commencement of works and maintained for the life of the development.

Rural and environmental development (Part F)

Yes

Based on the level of noise impacts outlined in the submitted acoustic reports and the levels experienced by the assessing officer during the testing (addressed later in this report), it is considered that there is a sufficient buffer in place between the development site and surrounding residential land uses (only one dwelling within 1km).

It was originally considered that the proposed development was located within 40m of a watercourse. As such, the application was referred to the NSW Department of Primary Industries - Water (DPI) for general terms of approval in accordance with section 91 of the act. DPI responded by stating that despite the topographic map of the site, no feature that could be described as a river exists on the site.

Having regard to this advice, it is not considered that the proposed development will be located within any nominated buffer to sensitive natural resources.

Waste Minimisation and Management (Part N)

Yes

Conditions have been recommended to be included within the consent regarding the management of waste during construction and operation of the development which will ensure the development will comply with this part.

 

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

 

There are no planning agreements applying to the subject site.

 

(iv) Any Matters prescribed by the Regulation

 

There are no matters prescribed by the regulation. 

 

(v) Any coastal zone management plan

 

The Coastal Zone Management Plan for the Nambucca Shire Coastline does not apply to the subject site.

 

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

 

Context and Setting

Given the location of the proposed shooting range will be screened from the surrounding area by the topography of the land and thick vegetation, it is not considered that it will result in any significant impacts on the existing rural character of the area. While there are a range of potential environmental and social impacts resulting from the development, it is considered that the measures incorporated into the recommended conditions of consent can adequately mitigate these potential impacts which are addressed below.

 

Access, Transport and Traffic

Access to the development site is via an entrance off the end of Morans Road, which connects to Missabotti Road.

 

The traffic which will be generated by the proposed development will lift the classification of Morans Road to a Class 4c which caters for traffic movements in the range of 10 – 50 traffic movements a day.

 

A Class 4c road provides access to low use areas and has a minimum traffic lane width of 3m + (2 x 1.5m shoulders) = minimum carriageway width of 6m, in flat terrain where the minimum meeting sight distance is 180m. Where sight distance is less than 180m two traffic lanes are required.

 

The existing condition of Morans Road is well below the above standard. In this regard, it is not considered appropriate that the proposed development be approved without any road upgrades being undertaken to improve road safety as it will result in an increase in the number of vehicles using the road.

 

Given the condition of the existing road, the level of traffic generated by the proposed development and its intermittent use; it is not considered reasonable to require the applicant to upgrade the full length of Morans Road to comply with the above standard. Rather, it is considered reasonable to require the applicant to widen blind crests and corners to allow two way traffic where sight distance to oncoming vehicles is less than 180m. Furthermore, it is also recommended that passing bays at minimum 200m intervals be provided on Morans Road to facilitate appropriate clearances for vehicles to pass as well as guide posts on Morans Road and signage at the approaches to the bridge. Conditions requiring these works have been included within the recommended conditions of consent. It is considered that with the implementation of these conditions, road safety on Morans Road will not be adversely impacted by the proposal.

 

The applicant has suggested as part of the development application that in order to reduce impacts on road safety the following measures should be implemented instead of undertaking any road upgrades:

·  Reduce the speed limit on Morans Road to 20km/h.

·  No passing be permitted on the bridge.

·  Convex mirrors be erected on blind corners to increase vision.

 

While it has been conditioned that signage and line marking be installed to restrict passing on the bridge; the proposed reduction in speed limit and convex mirrors cannot be supported for the following reasons:

 

·   Default speed limits in NSW, which are statutory speed limits that apply in the absence of speed limit signage, is 100km/h in rural areas.  Speed limits are introduced at ‘risk locations’ where factors such as crash history, traffic volumes and frequency of access points are considered. Given 20km/h is not a recognised speed limit in NSW and that a such a reduction in speed limit cannot be introduced where there is little likelihood of compliance; a reduced speed limit cannot be supported.

 

·   The use of traffic mirrors are not considered to be an adequate means of traffic management as they offer a distorted view of on ground conditions and due to variable driving conditions, will not be visible at all times. Furthermore, Council may be legally liable for a negligence claim where a person has been injured through reliance on a convex mirror installed on a road under its care.

 

After review of Councils GIS, it appears that the existing site entrance off Morans Road relies on the adjoining property (Lot 132 DP 755549) for access. Furthermore, it is also apparent that sections of Morans Road are located within Lots 42 & 43 DP 755549. There are no easements for access over any of these allotments. The developments reliance on these sections of road is not considered to be lawful, which could result in a liability for Council should reliance on them for access to the development be approved.

 

As such, conditions have been included within the recommended conditions of consent requiring the Morans Road pavement to be surveyed by a registered surveyor, with any sections not located within the road reserve to either be relocated or acquired at the applicant’s expense prior to the commencement of use.

 

Heritage

In accordance with the Due Diligence Code of Practice, there are no relevant confirmed site records or other associated landscape feature information on AHIMS, no other sources of information of which a person is already aware, and the development will not impact on any landscape features that are likely to indicate the presence of Aboriginal objects due to the disturbed nature of the development site. As such, a condition has been included within the recommended conditions of consent requiring works to proceed with caution.

 

Water & Soils

As addressed earlier in this report, it is proposed to redirect surface water flows around the shooting range via excavated swale drains to ensure surface water does not enter the shooting range or impact on the proposed buildings. Conditions have been included within the recommended conditions of consent ensuring the proposed drainage system will not result in water flows entering the shooting range and will not result in adverse erosion or sedimentation impacts.

 

Contamination

Lead contamination occurs at target shooting ranges as a result of spent lead bullets corroding once coming into contact with soil. While lead is insoluble in pure water, it is relatively soluble in the soil environment (predominantly those with pH levels outside 6.5-8.5). When the corroding lead is dissolved into the soil it can become mobile through surface and subsurface water flows, as well as airborne particles due to wind action and ground disturbing activities of contaminated soil. Soil lead concentrations greater than 10,000mg/kg of soil are commonly reported at shooting ranges around the world. Such concentrations greatly exceed the Australian and New Zealand Environment and Conservation Council (ANZECC) guideline limit of 300mg/kg before further investigation is required.

 

At target shooting ranges, the majority of lead projectiles are concentrated in the areas surrounding the targets. The proposed development includes the provision of weather proof bullet entrapment devices which are to be located behind the targets. These devices are designed so that bullets pass through the targets and become trapped within the devices in a bed of sand. The applicant proposes to regularly remove/replace the sand within the devices.

 

It is also proposed to install adjustable eye brow baffles which restrict the shooter from shooting above the bullet entrapment devices, ground level timber baffles which restrict the shooters view of the ground, as well as a stop butt mound. Please refer to the plans and documentation within attachment 1 for illustrations of proposed bullet entrapment devices and baffles.

 

Due to the potential contamination of the site and surrounding environment that may result from the proposed shooting range, it is considered that ensuring sufficient measures are in place to enable capture of all bullets shot at the range without them coming into contact with soil is essential as part of any development consent. It is considered that such measures will ensure contamination is unlikely to occur and an appropriate application of the precautionary principle.

 

It is to be noted that the applicant’s intent in providing the above mentioned devices is to ensure that all lead is captured and removed from the site. However, these devices on their own are considered to be inadequate because the ground baffles (consisting of a series of timber beams progressing up the range to the targets) will still permit spent bullets to come into contact with the ground. Furthermore, the proposed measures do not restrict shooting to the sides of the bullet entrapment devices.

 

As such, in addition to the proposed measures, it is recommended that side baffles are installed within each shooting bay to restrict the shooters ability to shoot beside the bullet entrapment devices. It is also recommended that the ground surface of the range be covered with a synthetic covering. This will not only ensure bullets will not come into contact with soil, but will enable stray bullets to be easily identified for collection and disposal. Details of the proposed synthetic covering will be required to be submitted to Council for approval prior to the commencement of works. They are to be prepared by a suitable qualified person and are to demonstrate that soil will not penetrate the cover, as well as providing storm water management measures and filtration devices to control flows within the range. Furthermore, conditions have been included within the recommended conditions of consent requiring the maintenance of the synthetic layer and ensuring that it is clear of stray bullets after each session.

 

As outlined earlier, the proposal includes the redirecting of upslope water around the shooting range. This will ensure surface water flows within the range will be from the surface of the range only. The connection of the drainage from the range surface to filtration devices and a sediment pond has also been conditioned. As a final measure to ensure lead contamination is not resulting from the development, a condition has been included within the recommended conditions of consent requiring water and soil samples from the sediment pond to be submitted to Council prior to the commencement of use and every five years during operation. In the unlikely event lead contamination is detected in any samples, use of the site would need to cease until the extent of contamination is established and affected areas remediated.

 

While it is acknowledged that the majority of bullets shot at the range will end up in the bullet entrapment devices, it is considered that the above measures will ensure the development does not result in contamination of the site or surrounding area and will enable Council Officers to be easily satisfied of compliance during inspections.

 

Noise

An Acoustic Report (dated 30 December 2014) prepared by a suitably qualified person was submitted with the development application. The report was prepared in addition to the original report dated 26 June 2014 which was also submitted with the application. The new report was commissioned at the request of Council in order to assess the levels of noise at the closest dwellings to the south of the range in addition to the existing dwelling located at 132 Morans Road which was assessed as part of the original report. Both reports have been included within attachment 1.

 

Council staff were onsite to witness the acoustic testing on 19 December 2014. The testing consisted of 2 sessions of shooting so acoustic testing could be undertaken at both dwellings. 9 people participated during the first session and 8 during the second. During both sessions, each participant simultaneously shot 5 rounds each on four separate occasions.

 

Noise levels recorded at both dwellings were well below the limits set by the Industrial Noise Policy. This was also the case for the existing dwelling at 132 Morans Road which was tested as part of the original report. Having regard to the use of the site 3 days a week and the noise levels recorded, the proposal is also considered to be capable of complying with the EPA guidelines.

 

Because a maximum of 20 people will be shooting at the proposed range at any one time and only 9 guns were shot during the sound testing, consideration also needs to be given to any potential increase in noise levels.

 

For the noise of a gunshot to be made louder by an additional gun shot, the noises have to reach the receiver at the simultaneous moment. This means that the noises (gunshots) must not be separated by a period greater than a fraction of a second (milliseconds).

 

Having regard to the varying guns to be used and the different styles/methods of shooting that could be expected on the range (as witnessed during noise testing); it is considered highly unlikely that all 20 guns would be shot within a fraction of a second of each other. Having regards to this, it is considered the number and type of guns used during the testing period is appropriate as it provides a fair representation of the noise level with regards to the shooters timing of shots as well as the variety of guns which would be used during operation of the range. It is to be noted that each member owns their own guns. As such, any expectation that all 20 shooters would use the loudest guns at the same time is considered to be unrealistic due to cost, preference, ability, and licencing.

 

The noise levels recorded during the testing are as follows:

 

Location

Measured Operational Noise Level dB(A)

LAeq, 15min

Compliance Noise Limit dB(A)

LAeq, 15min

20-62 Morans Road (Dwelling 1)

35.7 (including additional 2 dB(A) for impulsive adjustment)

39

20-62 Morans Road (Dwelling 2)

30.6

39

132 Morans Road

32.1

39

 

It is to be noted that gun noise was not recorded at dwelling 2 or 132 Morans Road. Gun noise was audible at dwelling 1, however; the average gun noise recorded was below the compliance noise limit, even with the 2 dB(A) impulsive adjustment penalty. No gun shots were louder than wildlife recorded at dwelling 1 during the testing. It should also be noted that as a general rule of thumb, an increase in noise by 2dB is hardly perceivable.

 

Furthermore, even if the noise levels from the 9 guns shot were doubled, the addition of 3dB as per the below acoustic summing graph would still result in noise levels being below the 39dB noise limit.

 

Having regard to the above, it is not considered that the proposed development will result in any noise impacts on the closest dwellings in a manner which would be deemed as ‘offensive’ as defined by the Protection of the Environment Operations Act 1997 or contrary to the noise limits set by the Industrial Noise Policy. To further ensure this, a condition has been included within the recommended conditions of consent requiring the rear and side elevations of the shooting bays to be fully enclosed prior to the commencement of use. This will result in a reduction of noise leaving the site by approximately 10dB. It is also considered that the minor levels of noise which will be experienced will be considerably lower at other dwellings within the locality due to their increased distance from the proposed shooting range.

 

A condition requiring the applicant to undertake noise monitoring at the commencement of operation to ensure compliance with the maximum levels has been included within the recommended conditions of consent. Failure to comply with the stipulated levels will require the applicant to modify the use of the range or incorporate further mitigation measures to ensure compliance. It is considered that compliance with the stipulated noise levels is feasible. For this reason, such a condition is considered to be appropriate.

 

Flora and Fauna

As outlined earlier in this report, it is not considered that the proposal will have any significant effects on threatened species, populations, communities or their habitats subject to the recommended conditions of consent.

Waste

Conditions have been included within the recommended conditions of consent regarding the management of construction and operational waste.

 

The proposed development included the use of two portable chemical toilets to service the development. It was proposed to dispose the effluent by emptying the portable 17 litre cassettes on a weekly basis at off site Council disposal facilities.

 

The use of removal cassettes from portable wastewater management systems can create inherent problems with proper disposal of wastewater. Furthermore, Council’s Plumbing and Drainage inspector has carried out a desktop site audit and has concluded that the site is suitable for an on-site sewerage management system so long as it is designed by a suitably qualified person in accordance with AS 1547:2012 - on site domestic wastewater management.

 

Given the location of the development site, the difficulty in ensuring effluent is disposed of in the correct manner and that the site is capable of supporting a permanent on-site sewerage management system; the proposed use of portable chemical toilets to service the development is not considered appropriate. This type of system is not considered suitable for the life of the proposed development. As such, a condition has been included within the recommended conditions of consent requiring an application pursuant to the Local Government Act 1993 be made to Council for a system of sewage management and approval granted under section 68 prior to the issue of a construction certificate.

 

Bushfire

Subject to the recommended conditions of consent, the proposed development is considered to be consistent with Planning for Bushfire Protection 2006.

 

Safety, Security and Crime Prevention

In order to prevent the unlikely event of someone unknowingly entering the shooting range (as well as  livestock) a condition has been included within the recommended conditions of consent requiring the range perimeter to be fenced with rural style wire fencing with warning signs placed every 20m advising the use of the site. A sign is also to be placed on the access road at the approach to the range. It has also been conditioned that no firearms or ammunition is stored on site.

 

Having regard to the above, it is not considered that the proposal will result in any adverse impacts on the natural or built environments or any adverse social or economic impacts on the locality.

 

(c)      the suitability of the site for the development

 

The proposed development is to be located within the base of a gully and will not be visible from the surrounding area. As outlined throughout this report, it is not considered that the proposal is contrary to any planning controls, with no adverse impacts resulting from the development subject to the inclusion of the recommended conditions of consent.

 

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

 

54 public submissions were received during the notification of the development application. 52 oppose the proposal and 2 support it. Additionally, 2 petitions opposing the development were received by Council.

 

The following is a summary of matters raised in the submissions received:

 

Summary of Matters Raised in Submissions

Reporting Officers Comment

Council should reject outright DA2015/103 and honor their Mission Statement.

The application is required to be considered by Council under the Environmental Planning and Assessment Act 1979 (the act). It is considered that assessment of the proposal in accordance with the act is consistent with Councils mission statement.

There has been no valid study submitted or seemingly any concern for the unique, endangered and rare flora and fauna on the property; including a large variety of birds. 

The impacts of the proposed development on flora and fauna have been addressed earlier in this report. As discussed, it is considered that the submitted information and other reputable source referenced provides adequate information to determine that the proposal will not result in any significant effects on threatened species, populations, communities or their habitats subject to the recommended conditions of consent.

Council should initiate and install, as procedure, a mandatory process of community consultation between developers and impacted residents of any proposed development.

Notification of development applications is undertaken in accordance with Part A of the Nambucca Development Control Plan 2010. The subject application was publicly notified in accordance with that part. There is no statutory requirement for developers to consult with the community during the development assessment process.

Council should immediately establish a moratorium on the approval of developments in the catchment of the Bowra dam and any catchments that supply water to the dam, that risk contaminating the rural and domestic water supply.

Any development that requires works to be undertaken has the potential to contaminate water supply. The determination of the acceptability of the potential risk is subject to consideration as part of the development assessment process which requires consideration of a proposal on a case by case basis.

The road surfaces of Bellingen Rd, Missabotti Rd and Morans Rd are sub-standard and poorly maintained, unable to cope with the burden of the extra traffic generated by the proposal. The applicants suggestions to mitigate impacts will result in costs to ratepayers and will be insufficient.

There are already people driving in a very hazardous manner along these roads and adding more traffic to them increases the chance of a serious accident. The intersection of Missabotti and Moran’s road is blind and on a bend in Missabotti road.

The condition of roads leading to the development site from Bowraville are considered to be adequate for the proposed development, except for Morans Road and its intersection with Missabotti Road. Conditions have been included within the recommended conditions of consent ensuring the applicant undertakes road upgrades to provide an appropriate standard of road to cater for the additional traffic volumes generated by the development prior to commencement.

The noise pollution and significant decrease in property values that accompany this development are unacceptable to the community.

The noise testing was not extensive enough as there were residences that did hear gunshot. You have to realise that we live in a valley and sound echoes around it.

The noise assessments were commissioned by the NVPC which brings doubt as to the impartiality of the assessor. We still find it strange that they would source an assessor from QLD instead of finding a local company. Did NVPC actually attempt to find anyone local or did they ‘know’ someone who would do the assessment for them?

If further testing is required we suggest they must commission two companies to carry out assessments simultaneously. One company chosen by them and the other chosen by the Council both at the expense of the NVPC.

As discussed earlier in this report, it is not considered that the noise emissions from the proposed development would be classified as offensive due to recorded/anticipated levels being below the maximum levels outlined within the NSW Industrial Noise Policy.

Council staff were on site during the noise testing and concur with the submitted report that weather conditions were acceptable for the undertaking of acoustic testing and the noise levels stated in the report are accurate.

It is considered that due to the low/negligible levels of noise recorded at the three closest dwellings to the range; it is not reasonable to request the applicant to undertake further testing at dwellings located at a greater distance from the range, nor is it appropriate to spend Council funds seeking further testing.

There are no effective measures that can be implemented to guarantee the prevention of lead contamination and consequently the rural and domestic water supply of the Nambucca shire.

No testing or information regarding soil pH of the site has been submitted. There is a scientifically established ideal pH range for shooting ranges and the soil at the site must be tested for compatibility. Acidic soils are renowned for dissolving metals like lead.

The Nambucca shires water supply is sourced from Missabotti via the Bowraville bore-fields. Any location of the development upstream from the bore-fields cannot be considered. If lead does get into the water table we will all be exposed to it. I don't feel that NVPC can guarantee no lead will get into the aquifers.  Lead leaches vertically and horizontally through the soil toward the water table. There needs to be hydraulic tests carried out to determine these factors.

As discussed earlier in this report, it is considered that sufficient measures can be implemented as part of any development consent which will ensure the development will not result in soil or water contamination.

The applicant did not submit soil test results for the site as it is proposed to capture all spent lead bullets and remove them from the site to ensure that lead contamination does not impact the locality. It is considered that this is achievable subject to the recommended conditions of consent.

 

Gun ownership should be discouraged by all levels of government and better regulated, especially in these times of the growing awareness and prevalence of mental health issues.

The proposed use is a recognised sport and is permissible on the land under the NLEP 2010. Furthermore, it is not Councils role to regulate the use of guns as this is the role of the NSW Police Force Firearms Registry who has strict licencing/handling requirements for firearms.

I feel that my children are in danger from people attending the club and from the activity that will occur there.

 

Alcohol should be prohibited on site.

 

The safe storage and transportation of weapons and ammunition has not been properly addressed.

 

Guns and ammunition transported in private vehicles by an increasing Shooters Club membership with no restriction on local stop-offs i.e. supermarket, bank, Pub etc.

People who use the shooting range are required to abide by the requirements of the NSW Police Force Firearms Registry. This includes strict requirements regarding the handling/storage of weapons at the site and during transit. As such, the only danger in relation to firearms on the site are from unauthorised people entering the range area.

Conditions have been included within the recommended conditions of consent requiring the range to be fenced and signposted. Given this and the location of the site from surrounding uses, it is not considered that the public will be at risk from the firearms to be use on the site as part of the proposal.

The applicant has stated that alcohol will not be consumed by people using the range and weapons/ammunition will not be stored on site. This has been reinforced within the recommended conditions of consent.

Higher chance of fires due to the activities occurring at the site.

The proposed development will be located within a cleared/managed area, with all shots fired to remain within the range. As such, it is not considered that the proposal presents any adverse risk of bushfire.

Concern regarding the image it will create and the type of precedence it will set for the region. It is important to consider how this development will be perceived by others; it will generate interest, but is it the right type of interest for a Council that actively promotes the natural beauty and family friendly nature of the area.

The development site is not visible from the surrounding area; with conditions mitigating potential impacts such as contamination, noise and traffic to acceptable levels included within the recommended conditions of consent.

The proposed removal of effluent from site is unsuitable, it requires being transported by a licensed operator not a committee member and we feel that as a rate payer we do not want to pay for the disposal of effluent from the site to the disposal site in Macksville.

A condition has been included within the recommended conditions of consent requiring an onsite system of sewerage management to be installed prior to the commencement of use. As such, no effluent will be disposed of offsite.

The large majority of “local residents” that the proposal says will benefit from this do not live in the area.

This is not a relevant consideration as part of the development assessment process as it is the suitability of the development for the site which is of concern.

The NVPC’s former site at Gumma is currently listed as polluted, it was never correctly maintained and is yet to be cleaned up or even properly assessed. Their track record is very poor and approval of the proposal would be irresponsible of council.

Council granted approval for a shooting range at Gumma in the 1980’s. As part of that development consent, there were no measures required to be implemented to mitigate lead contamination. As a result, the range was used without any consideration of potential lead contamination.

The proposed development includes the capture of spent lead bullets and removal from site without coming into contact with soil. This is considered feasible subject to the recommended conditions of consent. Furthermore, the measures included within the recommended conditions will make it easier to identify any noncompliances during regulatory inspections.

From statements made by the applicant in local media, it is assumed that funds to remediate the Gumma site will be forthcoming subject to Council approval of the subject DA. Has this not put Council in a compromised position of having to approve the DA in order to have the Gumma site remediated?

The source of funds for the applicant to remediate the former Gumma range is unknown to Council and not relevant to the subject application.

There is already a well-equipped shooting range at Scotts Heads that is underutilised and would welcome the members of the NVPC.

Council has no power to force people to use the Scotts Head shooting range and is required to assess the application on its merits. If it is deemed that the development is suitable for the site, the fact that there is an existing range within the shire is not a valid reason for refusal.

There will be an increase in dust pollution.

Having regard to the anticipated traffic generated by the proposal, it is not considered that it will significantly increase dust generation on local roads than what would already occur.

Bushfire emergency access/evacuation and lack of water storage to allow for fire protection. Will the NSW Sports and Recreation require building insurance that covers bushfires. How will the applicant stop a fire that starts on site or alert the Rural Fire Service without sufficient fire fighting facilities or reliable communication out of the valley.

Conditions have been included within the recommended conditions of consent ensuring the development will comply with Planning for Bushfire Protection 2006 which includes the provision of communication and a water supply. Insurance is not relevant to the proposed development.

How will enforcement on any restrictions be undertaken.

The applicant will be required to maintain the range and submit regular monitoring results in accordance with the recommended conditions of consent. Council staff will make regular inspections of the site and will respond to any complaints made by members of the public.

With regards to noise complaints, if Council deem it to be required; the applicant will be required to undertake noise monitoring at their expense and provide reports to Council.

The impact of flooding on the development.

As discussed earlier in this report, a condition has been included within the recommended conditions of consent requiring the applicant to provide detailed stormwater management plans prepared by a Hydrological Engineer or other suitably qualified person to Council for approval prior to the commencement of works. The plans would need to demonstrate that the drainage measures are designed to accommodate flood planning level flows and include measures to ensure the works will not result in adverse erosion and sedimentation impacts. Having regard to this and that the range will not be used during rain events, it is not considered that the range or people using the site will be impacted by flood waters.

The documentation submitted is inadequate and the development application form has been incorrectly completed.

It is considered that there is sufficient information submitted to determine that the proposed development will not result in any adverse impacts on the natural, social or economic environments of the locality subject to the implementation of the recommended conditions of consent. Having regard to this, it is not considered reasonable to require the applicant to spend considerable amounts of money on further plans and reports which can be prepared post consent prior to the commencement of works.

Having regard to the development application form, there are sections of the form not required to be completed which has made some people objecting to the development confused. Sections of the statement of environmental effects made generalised statements which, because the potential impacts have been easily identifiable by the assessing officer and those who have lodged submissions, request for clarification is not considered warranted.

It is not considered that the submitted development application form precludes Council granting development consent.

As part of the previous development application (DA2014/158) Council requested a number of items to be submitted for assessment which have not been submitted by the applicant.

Councils letter dated 22 January 2015 requested information regarding flora and fauna, bushfire, toilet facilities, site plan, the payment of fees, and the potential impacts of lead and stormwater flows/flooding.

The application as submitted contains sufficient information for Council to be satisfied (subject to conditions) that matters related to lead, stormwater flows/flooding, bushfire, and toilet facilities can be managed through appropriate measures professionally designed and implemented post development consent.

It is to be noted that as part of the subject development application, it is proposed to capture all bullets before coming into contact with soil rather than rely solely on earth mounds as previously proposed. Furthermore, the applicant has stated that use of the range will not occur during forecast rain events; meaning evacuation during a flood is highly unlikely. Given that the range area can be designed so as not to be impacted by flood waters and that evacuation through the floodwaters of a large catchment area (which the range area will not be subjected to) will no longer be required; it is considered appropriate to condition that detailed designs of the proposed hydrological works be submitted prior to the issue of a construction certificate.

The application was accompanied with the requested fees and a site plan adequately illustrating the location of the development; while discussed earlier in this report, Council has access to sufficient information to determine that the development will not result in significant effects on threatened species, populations, communities or their habitats subject to the recommended conditions of consent.

No allowance for a person with a disability has been put forward.  All clubs, halls, recreational venues should have facilities for disabled persons.  

The development is considered to be capable of providing disability access without resulting in any significant design changes. This is all that needs to be considered as part of the development application as disability access requirements are triggered as part of the construction certificate when compliance with the Building Code of Australia is required to be demonstrated.

The majority of residents near & far are opposed to this development and many Valley residents have signed a petition to add their voices to our opposition.

All submissions received have been considered during the assessment of this development application. The number of objections alone is not a valid reason for refusal of the application.

People will be deterred from hiring the Missabotti Community Centre if they can hear gun fire, which will result in a loss of revenue for the council owned building.

It is not considered that there will be any significant increase in noise levels experienced at the hall.

The development seems incredibly under costed; the resulting structure would have to be substandard.

The construction of the proposed building will be required to comply with the Building Code of Australia which will be assessed as part of the construction certificate application, with mandatory inspections undertaken during construction as per any other building subject to a development application.

Hours of operation and the scale of the proposal is excessive. We would like to know what the operating hours of the shooting range are.

This is very confusing they say that hours will be Tuesday   10am    2pm

Wednesday 10am   4pm

Saturday   10am    5pm

Other days this would depend on weather conditions of the previous nominated days. What does that mean.

The proposed hours of operation are as what is stated to the left. The applicant also proposes to use the range on other days if the weather conditions are not favourable for use on the nominated days.

 

It is considered that the proposed flexible arrangement will impede effective regulatory compliance by Council officers during operation of the development with regards to obtaining sufficient evidence in relation to what days it had been in use.

 

As such, a condition has been included within the recommended conditions of consent restricting the use of the development to no more than the proposed hours of operation.

With a membership of 37 and the intent of permitting the air cadets to use the range, it appears that there is intent to increase the usage of the range that what is proposed. It is therefore still unclear as to the exact proposed days and hours of operation of the facility over time. How many additional visitors will there be and will there be a cap placed on membership numbers?

It is not considered that the pistol club increasing its membership is an issue because conditions have been included within the recommended conditions of consent regarding the maximum number of people who can use the range per day and the maximum number of days/hours per week the range can be used. Any alteration to these restrictions would require further development consent from Council.

As advised by the applicant, not all members attend each day the shooting range is open.

The proposal is designated development under schedule 3 of the Environmental Planning and Assessment Regulation 2000 because it is a chemical storage facility.

The proposed development is defined as a recreational facility which is not listed in schedule 3 of the Environmental Planning and Assessment Regulation 2000. Storage of waste from the development prior to removal from site is an ancillary component and cannot be classified as a form of designated development.

Impacts on Cultural Heritage as it is disrespectful to the local indigenous community to be using this land in this manner will cause conflict from local indigenous people. The Local Aboriginal Land Council was not consulted.

There are no known Aboriginal objects or places within proximity of the development site and the proposal is not considered to be contrary to the Due Diligence Code of Practice. The Bowraville and Nambucca Local Aboriginal Land Councils were notified of the proposed development with no submissions received.

It is inappropriate to locate a shooting facility within a quiet rural location where only intermittent agricultural and forestry activities otherwise occur.

The suitability of the site has been assessed as satisfactory throughout this report.

It is important that in the event of the applicant closing the facility or ceasing activities, a process and sufficient funds are agreed at DA stage for the clean up and restoration of the site. Particularly important will be removal of spent and unexploded ammunition.

Regular removal of spent bullets from the site during and post operation have been included within the recommended conditions of consent.

If Council is minded to approve the application appropriate S.94 contributions for road and Missabotti community facilities (e.g. hall, bush fire brigade etc) should be sought.

There are no section 94 contribution plans applicable to the proposed development.

The fact that Council has allowed the submission of a new DA to be considered for the shooting range is totally irresponsible.

Everyone has the right to lodge a development application. It is Councils role to assess any development application in accordance with the Environmental Planning and Assessment Act 1979.

We see no legitimate reason to reject the application and there are several advantages in locating it at Missabotti. The Nambucca Valley Pistol Club has always had a very credible record of activity at their Gumma site, where they have been for over 30 years. During this time, there have been no complaints and houses of considerable value have continued to be built in the area.

Noted.

The NVPC cannot afford to complete this project. Do they also have the money to ensure their last establishment is cleaned of lead.

The financial position of the applicant is not a relevant matter for consideration as part of the assessment of the development application.

Appropriate conditions mitigating impacts should be included within any consent.

Such conditions have been included within the recommended conditions of consent.

As the club is an owner builder a licence is required from the department of fair trading. Are the club applying for a construction certificate or complying development certificate or can they just build and no one is accountable.

Whether or not the applicant has an owners builders licence is not relevant to the assessment of the development application. The applicant has not applied to Council for a construction certificate; however, one will be required to be obtained prior to the commencement of works (conditioned).

 

(e)      the public interest

 

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

 

 

CONSULTATION:

 

·      Public consultation in accordance with Part A of the Nambucca Development Control Plan 2010.

 

·   NSW Department of Primary Industries: Water – The application was referred to the NSW Department of Primary Industries: Water (DPI) for general terms of approval in accordance with section 91 of the Environmental Planning and Assessment Act 1979 because it was considered that the development was integrated development. DPI responded by stating that despite the topographic map of the site, no feature that could be described as a river exists on the site. For that reason, DPI believes that for the purposes of the Water Management Act 2000, a controlled activity approval is not required. DPI’s response has been included within attachment 3.

 

·   NSW Police – The NSW Police Force have previously advised Council that members from the Firearms Registry (ranges section) have attended the site; however, will not give their approval until development consent has been granted. As such, a deferred commencement condition has been included within the recommended conditions of consent requiring approval from the NSW Police Force Firearms Registry (ranges section). This will ensure the range is not used without the required licencing. The NSW Police Forces response has been included within attachment 4.

 

·   NSW Environment Protection Authority – The development application was referred to the NSW Environment Protection Authority (EPA) for advice regarding any potential methods that could be implemented to ensure that lead does not escape from the site. The EPA’s response has been included with attachment 5, with measures regarding containment of potential contamination addressed earlier in this report.

 

·   Engineering - Council’s Manager of Technical Services (MTS) provided comments with regards to the sufficiency of road access to the development site which have been incorporated into the body of this report.  The MTS has no objections to the proposed development subject to the recommended conditions of consent.

 

·   Health and Building - Council’s Senior Health and Building Surveyor (SHBS) provided comments with regards to the disposal of effluent which have been incorporated into the body of this report. The SHBS has no objections to the proposed development subject to the recommended conditions of consent.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

As outlined above, it is not considered that the proposal will result in any adverse impacts on the natural environment subject to the recommended conditions being incorporated into any development consent.

 

Social

As outlined above, it is not considered that the proposal will result in any adverse social impacts on the locality subject to the recommended conditions being incorporated into any development consent.

 

Economic

Given the mitigation measures which can be implemented to ensure that the proposal will not have any adverse impacts on the natural, social or built environments; it is not considered that the proposal will have any significant economic impacts.

 

Risk

Subject to the implementation of the recommended conditions of consent, it is considered that any risk posed by the development can be appropriately managed.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Source of fund and any variance to working funds

N/A

 

Service level changes and resourcing/staff implications

N/A

 

Attachments:

1

31076/2015 - Attachment 1 - Documentation Lodged with Development Application

 

2

30670/2015 - DA2015/103 -  Attachment 2 - Recommended conditions of consent

 

3

31077/2015 - Attachment 3 - Response from DPI-Water

 

4

31079/2015 - Attachment 4 - NSW Police Response

 

5

31080/2015 - Attachment 5 - EPA Response

 

  


Ordinary Council Meeting - 15 October 2015

Proposed Outdoor Target Shooting Range

 


















































































Ordinary Council Meeting - 15 October 2015

Proposed Outdoor Target Shooting Range

 

Attachment 2 – Recommended Conditions of Consent

 

DEFERRED COMMENCEMENT CONDITIONS

 

Deferred Commencement Consent

 

1.         This consent will not operate unless within 12 months from the date of this notice of determination, evidence is provided to the satisfaction of Council that the following matters have been resolved:

i.   Approval is obtained from the NSW Police Force Firearms Registry (Ranges Section).

 

This consent will operate, subject to the following conditions, upon satisfactory compliance with the deferred commencement condition. Written confirmation from Council, of compliance, is required.

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

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

 

Plan Description

Sheet/Dwg No

Prepared by

Dated

Floor Plan

1

Nambucca Valley Pistol Club

Undated

Elevations

2

Nambucca Valley Pistol Club

Undated

Lead Catchment Bay

3

Nambucca Valley Pistol Club

Undated

Water Control Plan

4

Nambucca Valley Pistol Club

Undated

Site Plan

5

Nambucca Valley Pistol Club

Undated

Line of Sight

DA-01

Nambucca Valley Pistol Club

Undated

Locality Plan

DA-02

Midcoast Building and Environmental

Undated

 

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

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR BUILDING WORKS

 

Storm Water Management Plans

 

3.       Prior to the issue of a construction certificate, detailed plans of the proposed diversion drains around the perimeter of the range are to be submitted to and approved by Council. The plans are to be prepared by a suitably qualified Hydrological Engineer and are to be designed to accommodate flows/velocity of water from the upstream catchment so as to exclude outside flows from entering the range area during a 1:100 ARI flood event. Raising the range level is permitted to assist achieve compliance with this condition.

 

The plans are to demonstrate that the range surface is designed to ensure surface flows are directed to a filtration device(s) and sediment pond prior to coming into contact with outside flows. Specifications of filtration devices must be submitted to Council with the plans. Consideration must be given to the impacts of the synthetic range cover (which is to be provided as part of this consent) in the preparation of the above plans.

 

          Plans are also to be submitted illustrating the soil back stops and lead catchment bays with concrete bunding. Each bund is to have its own drainage collection well/filtration device which is to treat water prior to entering the range area.

 

Water sensitive design measures are to be incorporated to mitigate erosion and sedimentation impacts. Details are to be provided as part of the above plans.

 

Operate a System of Sewage Management

 

4.       Prior to the issue of a Construction Certificate, an approval under section 68 of the Local Government Act 1993 to operate a system of sewage management to service the development shall be obtained from Council.

The application must be accompanied by a report prepared by a suitably qualified professional with demonstrated experience in effluent disposal matters, which addresses the site specific design of sewage management.

 

Access and facilities for persons with access disabilities

 

5.       The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with Disability (Access to premises – Building) Standards 2010, AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.

Such plans and specifications must be approved as part of the Construction Certificate.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY WORKS COMMENCING

Construction Certificate

 

6.         The erection of the buildings the subject of this development consent MUST NOT be commenced until:

(a)     Detailed plans/specifications of the building have been endorsed with a Construction Certificate by:

(i)        the Council, or

(ii)        an accredited certifier, and

(b)     The person having the benefit of the development consent has:

(i)        Appointed a Principal Certifying Authority (PCA) for the building work, and

(ii)       Notified Council of the appointment, and

(iii)        Notified the PCA that the person will carry out the building work as an owner-builder; or

Appointed a contractor for the building work who is the holder of a contractor licence if any residential building work is involved, notified the PCA of any such appointment, and notified the contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work.

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

 

Survey of the location of the existing road carriageway

 

7.       The location of the Morans Road carriageway and the site entrance in relation to the road reserve is to be determined by a registered surveyor. A survey plan showing the location is to be submitted to Council.

 

Where the road carriageway is not within the road reserve, a detailed plan (1:1000 scale) is to be submitted to Council showing the existing road formation and the existing fences and improvements in relation to the boundaries of the road reserve.

 

Works within the Road Reserve

 

8.       This development consent requires the road works set out in the table below to be undertaken on Morans Road. The work must be carried out in accordance with the standard specified in the column opposite the work. All works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities.

 

Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's Adopted Engineering Standard.

 

Plans must be prepared by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

Work

Standard to be provided

Morans Road shall be widened locally at blind crests and horizontal curves where sight distance to oncoming vehicles is less than 180m.

 

Passing bays at minimum 200m intervals are to be provided along Morans Road.

 

The sections of the Morans Road pavement which are identified by a registered surveyor as not being located within the road reserve, either need to be relocated within the existing road reserve or acquired (at the applicant’s expense); unless other lawful means of access over the affected parts can be demonstrated.

The minimum width of blind crests and horizontal curves is to be:

·      6m with pavement depth of 150mm

Minimum Passing bay:

·  width 6m

·  length 20m

·  pavement depth of 150mm

Signage and line marking at the Morans Road bridge

Approaches are to be upgraded to provide give way restrictions allowing northbound vehicles priority and signage shall be installed in accordance with AS 1742.2-2009 Figure 4.12.

Guide posts are to be installed along Morans Road

In accordance with AS 1742.2-2009 Table 4.1.

 

Intersection of Morans Road and Missabotti Road

Warning signage shall be installed at the Missabotti Road approaches to the intersection in accordance with AS 1742.2-2009 and to Councils satisfaction.

 

Vegetation obscuring sight distance to the intersection shall be removed.

 

Construction Traffic Management Plan

 

9.       Consent from Council must be obtained for a traffic management plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

 

The plan must incorporate measures to ensure that motorists using roads adjacent to the development and residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site.

 

The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

 

Driveway details required

 

10.     Prior to the commencement of works, design plans and specifications that indicate vehicular access from Morans Road to the proposed car space(s) are to be submitted to and approved by Council. Vehicular access widths must be in accordance with section 4.1.3 (2) of ‘Planning for Bushfire Protection 2006’. Plans are to include the following items:

 

a        Minimum 4m wide 150mm compacted two wheel drive all weather pavement with 6m wide passing bays at 200m intervals

b        site conditions affecting the access;

c        drainage (open drains, pipes, etc), including calculations and catchment details.

 

The plans must be in compliance with Council's Adopted Engineering Standards.

 

 

Right of Carriageway

 

11.     Create a covenant by way of section 88B instrument, under the Conveyancing Act 1919, providing right of carriageway 10m wide, or of such width as approved by Council, to contain all road formation and associated drainage works, over Lots 263 & 264 DP 755549 to benefit Lot 262 DP 755549. The alignment of the right of carriageway shall be in accordance with the design plans of the internal road required to be approved as part of this consent. Nambucca Shire Council shall be nominated as the sole party with the power to vary or remove the required covenant.

          Alternatively, consolidation of the above mentioned allotments will satisfy this condition.

 

Car parking plans required

 

12.     The application for a Construction Certificate is to include plans and specifications that indicate access, parking and manoeuvring details within the proposed car park. The access, parking and manoeuvring for the site are to comply with the requirements of Council’s Development Control Plan. Plans are to include, but not be limited to, the following items:

 

a        pavement description;

b        site conditions affecting the access;

c        turning paths including dimensions

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

The plans must be in compliance with Council's Adopted Engineering Standards. Such plans and specifications must be approved prior to the commencement of works.

 

Covering of Range Surface

 

13.        The entire ground surface of the range must be covered with a synthetic covering. Plans and specifications of the proposed covering must be submitted to Council for approval prior to the commencement of works. It is to be demonstrated that soil will not penetrate the underside of the cover once installed.

 

Sediment and Erosion Measures

 

14.     Plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site are to be submitted to and approved by Council prior to the commencement of works. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as hay bale barriers, filter fences, filter dams, and sedimentation basins. The sediment and erosion control plan is to be designed in accordance with the requirements of the Landcom Manual 2004, “Managing Urban Stormwater, Soils and Construction”.  4th Edition 2009.

The sediment and erosion control plan is to be prepared by a qualified practising Civil Engineer.

All measures contained within the approved plan are to be undertaken in place in accordance with the approved plan prior to the commencement of works. 

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

 

Waste Management Plan

 

15.       A Waste Management Plan shall be submitted to and approved by Council, prior to the commencement of works. The plan shall address, but not be limited to, the following matters:

(a)      Details of waste to be generated by the works to be undertaken as part of this development consent, as well as waste generated during use of the development.

(b)      Arrangements for removal of waste material from site. This is to include details of how spent bullets are to be removed from site.

(c)      Destination of all waste materials being removed from the site. All waste materials shall be disposed of at an approved waste disposal facility.

Erection of Signs

 

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

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Building Code of Australia

 

17.     All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate was made.

 

Approved Plans to be On-Site

 

18.     A copy of the approved and certified plans, specifications and documents incorporating conditions of approval and certification shall be kept on the site at all times and shall be readily available for perusal by any officer of Council or the Principal Certifying Authority.

 

Soil back Stops

 

19.        The soil back stops are to be constructed using moderately alkaline soil with pH levels between 7-8.5 and are to be certified by a NATA accredited laboratory. Evidence is to be provided to Councils satisfaction.

 

Construction times

 

20.     Any works involving the generation of noise which extends beyond the boundary of the land, other than works required in an emergency to avoid the loss of life, damage to property and/or to prevent environmental harm, shall only be carried out between 7:00 am and 6:00 pm Monday to Saturday inclusive. No works shall occur on public holidays.

 

The builder/site manager is responsible to instruct and control sub-contractors regarding the hours of work.

 

Builders rubbish to be contained on site

 

21.     All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

Maintenance of sediment and erosion control measures in accordance with approved plan

 

22.     Sediment and erosion control measures in accordance with an Erosion and Sedimentation Control Plan approved by Council must be maintained at all times until the disturbed areas have been stabilised by permanent vegetation cover or hard surface.

 

Discovery of a Relic

 

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

 

Fill

 

24.     Any excess fill is to be disposed of at a licensed facility. Prior to the importation of any fill onto the site, suitable evidence is to be provided to the satisfaction of Council demonstrating that all fill is virgin excavated natural material (VENM) as defined by the Protection of the Environment Operations Act 1997. This will require the material to be sampled and analysed for potential contaminants by a NATA accredited laboratory.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO OCCUPATION OF THE BUILDING/COMMENCEMENT OF USE

 

Occupation Certificate

 

25.     The development shall not be used or occupied until an Occupation Certificate has been issued by the Principal Certifying Authority.

 

Works to be completed

 

26.     All of the works indicated on the plans and required to be undertaken as part of this consent, including any other consents that are necessary for the completion of this development, are to be completed to the satisfaction of Council prior to the issue of an occupation certificate/commencement of use of the development.

 

Damage to Council’s Infrastructure

 

27.     Where any damage occurs to Council’s infrastructure during works associated with the development, the principal contractor shall replace or make good the damaged infrastructure before the occupation certificate is issued.

 

Install System of Sewage Management

 

28.     Prior to occupation/use of the development, install an approved system of sewage management in accordance with an approval obtained from Council under section 68 of the Local Government Act 1993. The system is not to be used and/or operated until a Council Officer has inspected the system and authorised its use.

 

Baffles

 

29.        ‘Adjustable eyebrow baffles’, ‘side baffles’ and ‘ground baffles are to be installed within each shooting bay to restrict the shooters ability to shoot out of the range or directly into the range surface.

 

Certificates for Engineering Works

 

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

 

Works-As-Executed Plans

 

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

 

In the case where development involves filling of flood prone land, an additional copy of the works-as-executed plan relating to earthworks and final plan of subdivision must be submitted detailing the 1% flooding contour.

 

Record of Infrastructure

 

32.     A record of infrastructure coming into Council ownership must be submitted to Council.

 

Soil and Water Monitoring

 

33.     Water and soil monitoring of lead, antimony, arsenic and nickel contaminants within the sediment pond receiving waters from the range surface area is to be undertaken and submitted to Council prior to the commencement of use. The monitoring is to be carried out by a suitably qualified environmental consultant, with samples analysed by a NATA accredited laboratory.

 

Further monitoring is to occur within the first year of commencement of the development and every five years thereafter for the life of the development. Such monitoring is to include the soil back stops.

 

In the event that lead, antimony, arsenic or nickel contaminants are detected above the maximum levels stated in the Australian and New Zealand Environment and Conservation Council (ANZECC) guideline, use of the site must cease until the extent of contamination is established and affected areas remediated.

 

Enclosure of Shooting Bays

 

34.     Prior to the commencement of use, the rear and side elevations of the shooting bays are to be fully enclosed (from the ground to the underside of the roof line) and internally lined with noise attenuating acoustic materials. All openings are to be closed during operation.

 

Fire Safety Certificate

 

35.       A Fire Safety Certificate shall be furnished to the PCA for all the “Essential Fire or Other Safety Measures” forming part of this approval prior to issue of an Occupation Certificate.  A copy of the Fire Safety Certificate must be submitted to Council by the Principal Certifying Authority with the Occupation Certificate.

            In accordance with the Environmental Planning and Assessment Regulation 2000:

(a)  A final Fire Safety Certificate shall state that each essential fire safety measure specified in the current Fire Safety Schedule for the building to which the Certificate relates:

(i)        has been assessed by a properly qualified person; and

(ii)   was found, when it was assessed, to be capable of performing to a standard not less than that required by the current fire safety schedule for the building for which the Certificate is issued.

(b)  The assessment must have been carried out within the period of three (3) months prior to the date on which the final Fire Safety Certificate is issued.

(c)  The choice of person to carry out the assessment is up to the owner of the building.

(d)  The person who carries out the assessment:

(i)      must inspect and verify the performance of each fire safety measure being assessed; and

(ii)     must test the operation of each new item of equipment installed in the building premises that is included in the current Fire Safety Schedule for the building.

(e)    As soon as practicable after a final Fire Safety Certificate is issued, the owner of the building to which it relates:

(i)    must cause a copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be given to the Commissioner of New South Wales Fire Brigades; and

(ii)    must cause a further copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be prominently displayed in the building.

 

Bushfire Protection

 

36.       The following conditions are required for compliance with Section 79BA of the Environmental Planning and Assessment Act 1979:

(a)  Asset Protection Zones

At the commencement of building works and for the life of the development, the area around the shooting bays shall be managed for a distance of 30m as an Inner Protection Area as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones’.

 

(b)   Water and Utilities

Water, electricity and gas are to comply with Section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

(c)    Access

The width of property access roads shall comply with Section 4.1.3(2) of ‘Planning for Bushfire Protection 2006’.

(d)   Landscaping

Any landscaping to the site is to comply with the principles of Appendix 5 of ‘Planning for Bushfire Protection 2006’.

(e)   Emergency and Evacuation

An emergency/evacuation plan is to be prepared consistent with the NSW Rural Fire Service document Guidelines for the Preparation of Emergency/Evacuation Plan. The plan is to be developed in consultation with the Local Emergency Management Committee detailing fire risk days when the facility should not be used and should incorporate a method of communication from the site. The plan is to be submitted to and approved by Council prior to the commencement of use.

Detailed plans of all Emergency Assembly Areas including “on site” and “offsite” arrangements as stated in Australian Standard AS 3745-2002, are to be clearly displayed, and an annual (as a minimum) trial emergency evacuation is conducted.

 

Rural Numbering

 

37.     The Rural Address Number for the property is 132. The rural address number must be displayed at the main driveway entrance off Morans Road approved for the property.

 

Fencing and Signage

 

38.     The range perimeter is to be fenced with durable warning signs placed every 20m advising the use of the site. A sign is also to be placed on the access road at the approach to the range.

Fences shall be constructed using non-electrified plain wire.

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH AT ALL TIMES

 

Noise Control

 

39.              The applicant shall,

 

a)  Ensure the LAeq noise level emitted from the development shall not exceed 5dB(A) above the background noise level (LA90) within 30m of any dwelling when measured in the absence of the noise source under consideration.

 

b)  Within 3 months after the use has commenced, undertake compliance noise monitoring at dwellings located on Lot 132 DP 755549 and Lot 23 DP 601572 to verify compliance with the above. The monitoring is to be undertaken by a qualified acoustic consultant, with a copy of the report outlining the results submitted to Council within 1 month of the initial 3 month period. The report is to state the number of each type of gun used during the monitoring tests.

The numbers of guns used during the operation of the shooting range (life of development) at any one time is to be limited to the numbers used during the monitoring tests.

 

c)  Unless otherwise agreed to by Council, respond to any complaint from a resident at Lot 132 DP 755549, Lot 23 DP 601572 or Lot 63 DP 755554 by undertaking noise level monitoring and provide a copy of the report on the results to Council within 3 months of receiving the complaint.

 

d)  Identify and implement additional mitigation measures at the applicants cost or modify operations if the results of the noise monitoring identify that the noise criterion is exceeded at any residence. Use of the development is to cease until continuous compliance with the above criteria is achieved.

All measurements are to be carried out in accordance with the NSW Industrial Noise Policy and the application note for assessing noise compliance prepared by the NSW Environment Protection Authority.

 

Limitation on Guns

 

40.     Only the following guns are permitted to be used at the shooting range:

·      .22 calibre pistol

·      .22 calibre rifle

·      .44 calibre rifle

·      .357 calibre rifle

·      .357 magnum pistol

 

Baffles

 

41.        ‘Adjustable eyebrow baffles’, ‘side baffles’ and ‘ground baffles are to be maintained for the life of the development to ensure bullets cannot be shot out of the range or directly into the range surface.

 

Prior to the commencement of shooting, eyebrow baffles are to be adjusted so that the shooter is unable to shoot above the level of the ‘lead catchment bays’.

 

Synthetic Cover

 

42.        The integrity of the synthetic cover of the range approved as part of this consent is to be maintained for the life of the development. All spent bullets are to be removed from the range surface at the completion of each operating day.

 

Storage of Firearms and ammunition

 

43.     No firearms or ammunition are to be stored on site.

 

Alcohol

 

44.     The consumption of alcohol is not permitted during use of the development.

 

Use of Range

 

45.        No more than 6 people on a Tuesday, 10 people on a Wednesday or 20 people on a Saturday are permitted to use the shooting range.

Shooting within the range is only permitted from within the designated shooting bays. No approval is given to the use of the facility during rain events.

 

Lead Catchment Bays

 

46.        The ‘lead catchment bays’ are to be maintained in a weather proof condition and are to be covered when not in use. The level of sand is to be maintained in the bays so as to ensure bullets do not ricochet out of the bay.

 

Restricted hours of operation

 

47.     The hours of operation of the shooting range are restricted to the times set out in the following table:

 

Period

Start Time

Finish Time

Tuesday

10am

2pm

Wednesday

10am

4pm

Saturday

10am

5pm

 

Any alteration to the above hours of operation will require the further consent of Council.

 

Waste

 

48.        Spent bullets captured on site are to be removed at least every 6 months. Evidence of disposal at a licenced waste facility is to be provided to Council within 2 weeks of disposal.

 

Operation of car parking area

 

49.     All car parking spaces are to be provided and maintained, together with all necessary access driveways and turning areas, to the satisfaction of Council.

All vehicles connected with the premises are to be parked within the premises at all times.

 

 

 

 

Annual Fire Safety Statement

 

50.       The owner of the premises must provide an annual fire safety statement to Council and the Fire Commissioner. An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that:

(a)   each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing to a standard no less than that specified in the current fire safety schedule,

(b)  the building has been inspected by a properly qualified person and was found, when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under Division 7 of the Environmental Planning and Assessment Regulation 2000.

 

Access must be permitted to Council officers

 

51.     Authorised Council Officers must be permitted access to the property during normal business hours for the purpose of ensuring compliance with consent conditions.

 

 

REASONS FOR CONDITIONS

 

·      To ensure that the proposed development:

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

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

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

 

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

 

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

 

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

 

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

 

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:        Nil

 

Integrated Development:                          NO

 

 



Ordinary Council Meeting - 15 October 2015

Proposed Outdoor Target Shooting Range

 


Ordinary Council Meeting - 15 October 2015

Proposed Outdoor Target Shooting Range

 


Ordinary Council Meeting - 15 October 2015

Proposed Outdoor Target Shooting Range

 



Ordinary Council Meeting                                                                                               15 October 2015

General Manager's Report

ITEM 9.9      LF780              151015         Gumma Shooting Range

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

The intent of this report is to inform Council of current regulatory action being undertaken by staff in relation to potential land contamination at the former Gumma target shooting range and that Council has no statutory power to defer determination of development application DA2015/103 until the above clean-up action is undertaken, or incorporate such works into any development consent.

 

 

Recommendation:

 

Council note that the person who is suspected of causing a pollution incident as a result of the operation of the former target shooting range at Lot 215 DP 1022234, 816-846 Gumma Road, Gumma has been issued with a direction to take clean-up action in accordance with section 91 of the Protection of the Environment Operations Act 1997.  Council has no statutory power to defer determination of development application DA2015/103 until the above clean-up action is undertaken or incorporate such works into any development consent.

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

The former Gumma target shooting range is located at Lot 215 DP 1022234, 816-846 Gumma Road, Gumma and was operated between the 1980’s until 2015. The range consists of an excavated earth ‘stop butt’ located behind the targets, with no other measures employed to capture bullets.

 

During inspection of the land it was evident that there is a considerable amount of spent lead bullets remaining in the ‘stop butt’ area, as well as spent bullet casings within the frontage of the shooting bays. Given the potential volume of bullets lodged in the excavated “stop butt” and that they may be corroding due to being in contact with soil, it is possible that lead contaminated soil could leach from the site as a result of surface and ground water flows.

 

As such, Council has issued the person who is reasonably suspected of causing the pollution incident with a direction to take clean-up action in accordance with section 91 of the Protection of the Environment Operations Act 1997. This involves investigating the extent of any contamination, remediating any affected areas, and removing all spent bullets and casings.

 

The intention of this report is to inform Council that staff are undertaking the appropriate regulatory action to ensure the former target shooting range will not result in any adverse impacts on human health or the environment. It is also to be made clear that in the determination of development application DA2015/103 for the proposed shooting range at 132 Morans Road, Missabotti; Council has no statutory power to require the former range at Gumma to be cleaned up prior to determination or as part of any development consent because such works are not applicable to the proposed development.

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

N/A

 

Social

N/A

 

Economic

 

N/A

 

Risk

 

N/A

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

N/A

 

Source of fund and any variance to working funds

N/A

 

Service level changes and resourcing/staff implications

N/A

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               15 October 2015

General Manager's Report

ITEM 9.10    SF2066            151015         Bowra Dam - Onsite visit by Council

 

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

 

Summary:

 

Council requested an onsite inspection of the Bowra Dam. 

 

The inspection will be undertaken after the scheduled onsite inspection of the shooting range development application at Missabotti (and prior to the Council meeting) on Thursday 15 October 2015.

 

 

 

Recommendation:

 

That it be noted that Council attended an onsite visit of the Bowra Dam on Thursday 15 October 2015.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               15 October 2015

General Manager's Report

ITEM 9.11    SF2038            151015         2015 September - 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 September 2015 as at 7 September 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

31538/2015 - Development Applications and Complying Development Applications Received - September 2015

 

  


Ordinary Council Meeting - 15 October 2015

2015 September - Development and Complying Development - Applications Received

 



Ordinary Council Meeting                                                                                               15 October 2015

General Manager's Report

ITEM 9.12    SF1148            151015         Council Ranger's Report September 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 September 2015.

 

 

Recommendation:

 

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

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

4

Abandoned or Stray

2

5

Surrendered

0

0

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

2

9

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

2

Sold

0

1

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

1

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

2

Unable to be rehomed

0

1

Total Euthanased

2

3

Total Outgoing Animals

2

7

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

0

2

 

 

September 2015

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

WQU-869

3106928404

No Parking

106.00

1/09/2015

304-VOG

3106928413

No angle park as on parking control sign

106.00

1/09/2015

CB-97-XA

3106928422

No angle park as on parking control sign

106.00

1/09/2015

XZF-351

3106928431

No angle park as on parking control sign

106.00

1/09/2015

YWZ-353

3106928440

No angle park as on parking control sign

106.00

1/09/2015

BCS-05S

3106928450

No angle park as on parking control sign

106.00

1/09/2015

RM-3341

3106928469

No angle park as on parking control sign

106.00

1/09/2015

AN-36-BY

3106928478

No angle park as on parking control sign

106.00

1/09/2015

AJA-59Z

3106928487

Not park in direction of travel

177.00

1/09/2015

AV-30-KN

3106928496

Not park in direction of travel

177.00

1/09/2015

BBY-01X

3106928505

No angle park as on parking control sign

106.00

1/09/2015

AL-12-MO

3106928514

No angle park as on parking control sign

106.00

1/09/2015

AK-91-PO

3106928523

Park longer than permitted

106.00

1/09/2015

CYG-89M

3106928532

Park longer than permitted

106.00

1/09/2015

AV-09-YZ

3106928541

Park longer than permitted

106.00

1/09/2015

ZHT-249

3106928550

Loading Zone

177.00

1/09/2015

BF-49-LS

3106928560

Park longer than permitted

106.00

1/09/2015

BP-81-GH

3106928579

Park longer than permitted

106.00

1/09/2015

BR-70-AZ

3106928588

Park longer than permitted

106.00

1/09/2015

CE-81-PF

3106928597

Park longer than permitted

106.00

1/09/2015

CZD-14E

3106928606

Park longer than permitted

106.00

1/09/2015

GB-1600

3106928615

Park longer than permitted

106.00

1/09/2015

AH-93-CY

3106928624

Park longer than permitted

106.00

1/09/2015

1DL-6VF

3106928633

No angle park as on parking control sign

106.00

1/09/2015

S226-AZG

3106928642

No angle park as on parking control sign

106.00

1/09/2015

QRW-632

3106928651

No Disable permit displayed

531.00

1/09/2015

AWT-31Z

3106928660

Not park in direction of travel

177.00

1/09/2015

BF-72-MA

3106928670

Not park in direction of travel

177.00

1/09/2015

CC-05-VK

3106928689

Loading Zone

177.00

1/09/2015

BI-19-ST

3106928698

Loading Zone

177.00

1/09/2015

AXI-81F

3106928707

Loading Zone

177.00

1/09/2015

CB-98-XD

3106928716

Not park in direction of travel

177.00

1/09/2015

 

September 2015 (cont.)

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

AM-31-IA

3106928725

Not park in direction of travel

177.00

1/09/2015

AJC-978

3106928734

No Parking

106.00

9/09/2015

ABL-960

3106928743

No angle park as on parking control sign

106.00

9/09/2015

BG-77-JJ

3106928752

No angle park as on parking control sign

106.00

9/09/2015

XXA-828

3106928761

No angle park as on parking control sign

106.00

9/09/2015

XAF-620

3106928770

No angle park as on parking control sign

106.00

9/09/2015

XQN-073

3106928780

No Parking (School Zone)

177.00

9/09/2015

TUH-138

3106928799

Not park in direction of travel

177.00

9/09/2015

SR-887

3106928708

No angle park as on parking control sign

106.00

18/09/2015

BW-00-WP

3106928817

No Parking (School Zone)

177.00

18/09/2015

USL-053

3106928826

No angle park as on parking control sign

106.00

18/09/2015

BF-15-XE

3106928835

No Parking

106.00

18/09/2015

CJN72U

3106928844

No angle park as on parking control sign

106.00

18/09/2015

CB-73-BR

3106928853

No angle park as on parking control sign

106.00

18/09/2015

DRM-038

3106928862

No angle park as on parking control sign

106.00

18/09/2015

99-MNCC

3106928871

No angle park as on parking control sign

106.00

18/09/2015

CWS-15Q

3106928880

No angle park as on parking control sign

106.00

18/09/2015

AGD-098

3106928945

Park longer than permitted

106.00

18/09/2015

AXZ-77J

3106928890

Park longer than permitted

106.00

18/09/2015

QMP-254

3106928909

Park longer than permitted

106.00

18/09/2015

YJG-700

3106928918

Park longer than permitted

106.00

18/09/2015

AJ-01-TS

3106928927

Park longer than permitted

106.00

18/09/2015

BY-17-FP

3106928936

Park longer than permitted

106.00

18/09/2015

AK-91-PO

3106928954

Park longer than permitted

106.00

18/09/2015

CPZ-27B

3106928963

No Parking

106.00

18/09/2015

CR-3030

3106928972

No angle park as on parking control sign

106.00

18/09/2015

BZF-87Y

3106928981

Loading Zone

177.00

18/09/2015

BV-38-EN

3106928990

No angle park as on parking control sign

106.00

18/09/2015

VGA-675

3106926002

Loading Zone

177.00

18/09/2015

HOG-131

3106926011

Loading Zone

177.00

18/09/2015

NC-091

3106926020

No Parking (School Zone)

177.00

18/09/2015

CE-90-PF

3106926030

No angle park as on parking control sign

106.00

18/09/2015

 

September 2015 (cont.)

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

YVE-245

3106926049

No angle park as on parking control sign

106.00

18/09/2015

AH-25-NX

3106926058

No angle park as on parking control sign

106.00

18/09/2015

CA-27-ZV

3106926067

No angle park as on parking control sign

106.00

18/09/2015

USN-144

3106926076

No angle park as on parking control sign

106.00

18/09/2015

BJC-39C

3106926085

Stop within 10 metres intersection

248.00

18/09/2015

BV-17-MJ

3106926002

No angle park as on parking control sign

106.00

18/09/2015

 

 

TOTAL VALUE $:

9194.00

 

 

September 2015

OTHER

Date of Offence

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

13/09/2015

3106926094

Fail to comply with Notice P/place

110.00

18/09/2015

 

 

TOTAL VALUE $:

110.00

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                               15 October 2015

General Manager's Report

ITEM           SF2038            151015         2015 September - 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 September 2015 as at 7 October 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

31575/2015 - Construction Certificates and Complying Developments Certificates Approved

 

  


Ordinary Council Meeting - 15 October 2015

2015 September - Construction And Complying Development - Certificates Approved

 




Ordinary Council Meeting                                                                                               15 October 2015

General Manager's Report

ITEM 9.14    DA2012/011      151015         Proposed 330 Lot Residential Subdivision, Bellwood - Request to Offset Cost of Constructing the Link Road Against Council Contributions

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council not include water and sewer headworks (Section 64) contributions as part of negotiations for a works in kind agreement for the construction of the Link Road on Council owned land between Marshall Way and Alexandra Drive, Nambucca Heads.

 

 

OPTIONS:

 

Council has the option of entering into a Works in Kind Agreement in relation to the range of contributions identified in the report.

 

DISCUSSION:

 

Council staff have been having on-going negotiations with the developers of DA2012/011 being the consent issued by the Joint Regional Planning Panel for the development of 330 residential lots at Bellwood, generally between Alexandra Drive and Marshall Way.

 

The development consent which was issued on 5 August 2014 contains a number of conditions relevant to the construction of the Link Road (the road which will link Marshall Way and Alexandra Drive).  Of the “non-standard” conditions, condition no. 2 requires that prior to the release of the first subdivision certificate for the proposed development the Link Road shall be constructed and completed.

 

Condition no. 30 also requires the payment of a contribution (amongst others) for the Bellwood Local Roads and Traffic Infrastructure Plan of $3,135 per lot.  This contribution was discounted to remove the Link Road component of the contributions plan (as the developer was obliged to build it).

 

However the developer contends that the proposed discount is not adequate as he will be obligated to spend the estimated $650,000 up front to construct the Link Road but will only receive the discounted Section 94 contributions as the development proceeds.  This issue is acknowledged as it is exactly the problem the Council has with Section 94 contribution planning when it is obligated to provide infrastructure but only receives contributions for the cost of that infrastructure at an incremental rate.

 

The developer has proposed an alternative discounting arrangement whereby all contributions be offset for the first stage of approximately 25 lots (up to the value of the Link Road construction).  The per lot contributions sought to be offset as per the consent issued in August 2014 (excluding indexation) are:

 

1.       Community Facilities and Open Space                             $ 1,904

2.       Bellwood Local Roads and Traffic Infrastructure     $ 3,135

3.       Road Upgrading: Bellwood Road intersection         $    877

4.       Surf Life Saving                                                    $    107

5.       Section 94 Administration Charge                           $    602

6.       Water                                                                    $12,033

7.       Sewer                                                                   $ 9,090

 

Total                                                                              $27,749 (per lot)

 

The Council has broad powers under Environmental Planning and Assessment Act to enter into a Works in Kind agreement to give effect to the developer’s request.

 

The argument in favour of the developer’s request is that there is considerable up front cost to constructing the Link Road which can only be recouped over a very long term.  This will increase the finance and risk associated with the subdivision which may mean that it doesn’t proceed.

 

The alternative argument which Council should also consider is that in relation to the water and sewer contributions which are levied under the Local Government Act, they are based on adopted Development Servicing Plans for Water and for Sewerage which are designed to meet Council’s existing and future financing commitments for its water and sewerage infrastructure.  In the case of water the Council is committed to financing its investment in the $56m Bowra Dam whilst in sewer there is an existing commitment to its investment in the $22m upgrade of the Nambucca Heads Sewerage Treatment Plant from 10,000 to 15,000 equivalent tenements (ET).

 

Based on the importance of Council financing its significant existing investment in water and sewer which were necessary to facilitate the 330 lot subdivision, in relation to future works in kind agreement negotiations with the developer it is recommended that such negotiations not include Water and Sewer contributions.  It is acknowledged that the other (Section 94) contributions be considered for such an agreement in recognition of the significant up front cost in constructing the Link Road.

 

There are also other disagreements in relation to the contributions which have been previously paid; the use of those funds and the contributions remaining to be paid.  However these disagreements are not central to the subject of this report and can be further reported on if there is progess with a works in kind agreement.

 

 

CONSULTATION:

 

There has been consultation with the Manager Development and Environment, Council’s Grants Officer and with the developer for the subdivision.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

The economic risk of the development not proceeding is identified in the report.

 

Risk

 

The risk to Council in relation to financing its water and sewerage infrastructure is also discussed in the report.  For a first stage subdivision of 25 lots, the contribution for water infrastructure would be $300,825 (25 x $12,033), whilst the contribution for sewerage infrastructure would be $227,250 (25 x $9,090).

 

The quantum of the funding is such that it will impact on Council’s Development Servicing Plans and the funding that has to be contributed by ratepayers.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary implications.

 

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

 

There are no service level or resourcing/staff implications.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                               15 October 2015

Corporate Services

ITEM 10.1    SF1120            151015         Grant Application Status Report

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

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

 

 

RecommendationS:

 

That Council

 

1.   Receive the list of grant applications to 30 September 2015.

2.   Approve the fixture of the Council’s seal upon future funding agreements which arise from successful grant applications that have been identified in the grant status report.

 

 

 

Successful grant applications (ACTIVE PROJECTS):

 

Grant and date of approval

Funding Amount

Amount Council

Description

OEH Floodplain Management Grant

Closed 21 March 2013

$90,000

$45,000

(Enviro  Levy)

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

Crown Lands

Public Reserves Management Fund

Closed 3 May 2013

 

$111,000

$10,000 (Reserve funds)

Renovation and other associated works at Boulton’s Crossing Reserve

Department Sport and Recreation Macksville Skate Park

Closed 30 October 2013

$25,000

$200,000

some in kind,

s.94 funds

Redevelopment of skate park to higher standard.

ClubGRANTS 13/14

Macksville Fun and Fitness Precinct

Closed 10 April 2014

$975,565

$163,000

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

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

OEH Coastal Management Grant

Closed 13 March 2014

 

$91,000

$91,000 (EL)

Nambucca Heads SLSC Protection Works

OEH Estuary Management Grant

Closed 13 March 2014

 

$50,000

$50,000 (EL)

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

Environmental Trust Restoration and Rehabilitation Grant

Closed 19 September 2014

 

$86,160

$23,060 (in-kind)

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

Land and Property Information – Crown Lands

PRMF

Closed 1 October 2014

 

$30,000

$3,000 (in-kind)

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

Land and Property Information – Crown Lands

PRMF

Closed 1 October 2014

 

$53,467

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

Construction of walkway in reserve between Ocean Drive and Beach


 

GRANT AND DATE OF APPROVAL

FUNDING AMOUNT

AMOUNT COUNCIL

DESCRIPTION

Office of Local Government – Responsible Pet Ownership Program

Closed 3 October 2014

$15,000

$15,000

(DES and in-kind)

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

Indigenous Advancement Strategy – Nambucca Valley Sport and Wellbeing Program

 

$154,442

NA

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

Department of Trade and Investment – Crown Lands

Rescuing Our Waterways

Closed 15 December 2014

$10,000

$10,000 (EL)

Shoaling Strategy/Study for the Lower Nambucca River Estuary

Primary Industries – Fish Habitat Action Grant

Closed 19 September 2014

 

$40,000

$35,000 (EL)

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

Department of Infrastructure and Regional Development National Stronger Regions Fund

Closed 28 November 2014

 

$241,340

$241,340

South Nambucca Sewerage Infrastructure Installation

FRRR – Repair, Restore, Renew 2013

Closed February 2015

 

$3,098

N/A

Train Up – Essential Equipment for Volunteer Training

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

 

$7,500

$7500 (TBC)

Provision of Heritage Advisory Services

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

$7,000

$7000 (TBC)

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

Transport for NSW – Community Transport

 

$12,000

In-kind only

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

Primary Industries – Fish Habitat Action Grant

Closed 19 September 2014

 

$40,000

$35,000 (EL)

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

 

 

SUCCESSFUL APPLICATIONS IN THIS QUARTER:

 

Grant and Date of Notice

Amount

Amount - Council

Description

Office of Local Government Responsible Pet Ownership Grant

September 2015

$15,000

$15,000

Desexing, vaccination and microchipping of companion animals – Round 2

Total

$2,057,572

 

 


Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

Office of Environment and Heritage Estuary Management

Closed 12 March 2015

$25,000

$25,000 (EL)

Dawkins Creek to Nambucca River Riparian management plan

Office of Environment and Heritage Estuary Management

Closed 12 March 2015

$50,000

$50,000 (EL)

 

Nambucca River – Bank Stabilisation and Restoration

Office of Environment and Heritage Coastal Management

Closed 12 March 2015

$82,150

$32,150 (EL)

$50,000 (Local Land Services)

 

Nambucca EcoHealth Monitoring Program

Office of Environment and Heritage Coastal Management

Closed 12 March 2015

$85,000

$50,000 (EL)

$25,000 (NSW Coastal Holiday Parks Trust)

$10,000 (Local Lands Services)

 

Scotts Head Headland Coastal Hazard Reduction

Office of Environment and Heritage Coastal Management

Closed 12 March 2015

$10,000

$10,000 (EL)

$10,000 (Local Land Services)

 

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

 

Crown Lands

Public Reserves Management Fund

Closed 10 April 2015

$29,040

NA

Weeds on Crown Reserves 2015

Royal Australian Historical Society

Closed 23 June 2015

$5,000

$240

Publication of Council’s Centenary History

 

 

Unsuccessful applications in this period:

 

Funding Body

Amount

Amount - Council

Project Name

None

 

 

 

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                               15 October 2015

Assistant General Manager Corporate Services Report

ITEM 10.2    SF2116            151015         Investment Report to 30 September 2015

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2015 to 30 June 2016 is expected to be around $1,182,750.

 

The budget allocation for the financial year “2015/16” is $1,039,900.

 

Council currently has $32.735 Million invested:

 

·      $   5.726   Million with Managed Funds,

·      $   3.079    Million with On Call Accounts

·      $ 23.930              Million on Term Deposits

 

 

This report details all the investments placed during September and Council funds invested as at 30 September 2015.

 

The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council Policy 1.9 – Investment of Surplus Funds

 

C P Doolan

Responsible Accounting Officer

 

 

 

Recommendation:

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during September 2015 and Council funds invested as at September 2015.

 

 

CONSULTATION:

 

CPG Researching Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

 

Risk

 

That Council may not meet its budget returns for 2015/2016 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2015/2016 will be completed with the September 2015 Budget Review and GPG Research & Advisory will provide Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments will be assessed with the September 2015 Budget Review, Variances will be distributed between the Water, Sewerage and General Funds for the financial year each quarter.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                               15 October 2015

Corporate Services

ITEM 10.3    SF251              151015         Schedule of Council Public Meetings

 

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

 

SUMMARY:

 

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

 

 

Recommendation:

 

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

 

 

 

2015

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

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

15/12/2015

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                                                                                               15 October 2015

Engineering Services

ITEM 11.1    SF130              151015         Mid North Weight of Loads Group meeting - 9 March 2015

 

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

 

Summary:

 

The minutes of the Mid North Weight of Loads Group meeting held on 14 September 2015 are attached.

 

 

 

Recommendation:

 

That Council receive and note the minutes of the Mid North Weight of Loads Group meeting held on 14 September 2015.

 

 

OPTIONS:

 

1        Accept the recommendation

2        Not accept the recommendation

 

 

DISCUSSION:

 

Council are a financial member Mid North Weight of Loads Group. The minutes of the most recent meeting held on 14 September 2015 are attached

 

The next meeting is scheduled for Monday 7 March 2016 at Uralla Shire.

 

 

CONSULTATION:

 

There was no other consultation undertaken in preparing this report

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no environmental issues as a result of this report.

 

Social

There are no social issues as a result of this report.

 

Economic

There are no economic issues as a result of this report.

 

Risk

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is no direct or indirect impact on the current budget associated with this report.

 

Source of fund and any variance to working funds

There is no variation to working funds associated with this report.

 

Service level changes and resourcing/staff implications

There are no resource or staff implications associated with this report.

 

 

Attachments:

1

30365/2015 - Minutes of the Weight of Loads - 14 September 2015

 

2

30366/2015 - Summary of Stats 2015-2016 as at 14 Sept 15

 

  


Ordinary Council Meeting - 15 October 2015

Mid North Weight of Loads Group meeting - 9 March 2015

 





Ordinary Council Meeting - 15 October 2015

Mid North Weight of Loads Group meeting - 9 March 2015

 


Ordinary Council Meeting                                                                                               15 October 2015

Assistant General Manager Engineering Services Report

ITEM 11.2    SF85                151015         Minutes of NSW Rural Fire Service Liaison Committee meeting 12 August 2015 – Service Level Agreement 2015

 

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

 

Summary:

 

The NSW Rural Fire Service, Lower North Coast Zone, Liaison Committee met on 12 August 2015.  This report provides Council with an overview of the activities of the RFS for the fourth quarter and end of financial year.

 

The NSW Rural Fire Service Zone Manager has provided an advanced proposed budget for consideration for the building and plant replacement capital program in advance of the operations budget which will be presented to Council in January 2016.

 

 

Recommendation:

 

1        That Council receive, note the report and endorse the minutes for the RFS Liaison Committee Meeting Service Level Agreement – 2015 held on 12 August 2015.

 

2        That Council place an amount of $17,560.00 for the upgrade of the Eungai Brigade amenities upgrade in the draft 2016/17 budget for consideration.

 

3        That Council place an amount of $24,187.00 for plant replacement in the draft 2016/17 budget for consideration.

 

 

OPTIONS:

 

Receive and note the report.

 

 

DISCUSSION:

 

The Liaison Committee considered the following agenda items:

 

1        The SLA 2014/2015 Q4 Quarterly Business Plan, Operational and Financial Reports

2        2015/2016 Budgets

2        Capital Works Plan

 

The minutes of the meeting held 12 August 2015 are included within the report for Council’s information and the SLA quarterly business plan, financial and performance reports have been provided under separate cover due to their size.

 

SLA Business Plan/Quarterly Performance Report (Our Ref: 30496/2015)

 

The RFS Zone Manager presented the fourth quarterly performance report (end of financial year) and advised the committee that they generally met the agreed outcomes as shown on the report (hatched red indicating not being achieved).

 

Financial Report

 

The Zone Manager, RFS Lower North Coast Zone presented the expenditure for the Service for the period ending June 2015 for the Nambucca Shire Council. The final expenditure for the fourth quarter period resulted in a 7% saving within the budget attributed to low fire activity and wet weather conditions across the Shire.

 

The Committee requested the Zone Manager to provide the draft capital building and plant program for consideration of the committee at this meeting in advance of the operations budget.

 

Council may recall that the Capital Works report for the end of the financial year (2014/15) was presented to Council at its meeting held 15 September 2015, where Council resolved “That any unexpended funds within the 2014/15 Rural Fire Service Budget be placed onto the RFS reserve and used to assist in funding future over expenditures and or plant replacement and upgrades”.

 

The RFS Capital works and plant replacement programs have been scrutinised by Council over the past years due to budgetary constraints and other priorities for funding. The savings placed into reserves may be considered by Council to offset some of the proposed RFS capital program

 

2016/17 Capital Works program for buildings and plant replacement (Our Ref: 31413/2015 and 31415/2015)

 

The proposed building capital works and plant replacement for 2016/17 for the Nambucca LGA were provided as follows:

 

Buildings

Total Cost

Council Contribution

Eungai Brigade - Require a meeting room, kitchen, the combination disabled unisex toilet and shower. The septic is already in place, and a water tank has been installed. (Station does not meet WHS requirements). Currently brigade members have their meetings in the station bay after the tanker has been moved.  Area affected by exhaust fumes, brigade fridge, kitchenette.

$150,000.00

$17,560.00

Plant

 

 

North Arm Brigade - Replacement 1995 Nissan Category 9

$105,000.00

$24,187.00

Talarm Brigade - Replacement 1995 Isuzu Category 1

$101,727.00

 

NOTE: Council contribute 11.7% of the total RFS allocation. The proposed building and plant capital Council funded allocation for consideration in the 2016/17 financial year is $41,747.00 (excluding operation costs which will be presented by the RFS Zone Manager in January 2016)

 

Operational Summary – 2014/15

Nambucca

 

Lead Agency

Q1

Q2

Q3

Q4

Total

2013/14 Q4

Rural Fire Service

71

33

14

32

150

97

Fire & Rescue**

18

7

3

9

37

11

National Parks

1

1

-

1

3

11

Forest Corp

2

3

-

-

5

7

Police

2

8

5

2

17

16

Ambulance

2

-

-

1

3

1

SES

-

-

-

-

-

-

Total

96

52

22

 

215

143

 

 


Kempsey

 

Lead Agency

Q1

Q2

Q3

Q4

Total

2013/14 Q4

Rural Fire Service

133

83

26

29

271

273

Fire & Rescue**

94

55

13

15

177

72

National Parks

4

2

-

1

7

22

Forest Corp

1

2

-

-

3

5

Police

6

9

9

2

26

33

Ambulance

-

2

2

-

4

-

SES

-

-

-

2

2

1

Total

238

153

50

49

490

406

 

 

Lower North Coast (Total)

 

Lead Agency

Q1

Q2

Q3

Q4

Total

2013/14 Q4

Rural Fire Service

204

116

40

61

421

370

Fire & Rescue**

112

62

16

24

214

83

National Parks

5

3

-

2

10

33

Forest Corp

3

5

-

-

8

12

Police

8

17

14

4

43

49

Ambulance

2

2

2

1

7

1

SES

-

-

-

2

2

1

Total

334

205

72

94

705

549

 

*Figures obtained from ICON

 

**Note – 2013/14 F&R figures only include those incidents attended by RFS, not all bush and grass fires as now recorded in ICON (2014/15)

 

 

Incident Type

Nambucca

Kempsey

Total

Forest Fire

41

69

110

Grass Fire

45

83

128

Scrub Fire

2

6

8

Pile Burn

3

6

9

Structure Fire

4

12

16

Vehicle Fire

10

18

28

MVA

14

18

32

Oil Spill

5

4

9

AFA – No Fire

6

5

11

Smoke in Vicinity

6

10

16

Other

14

40

54

Total

150

271

421

 

Liaison Committee meeting

 

The next Liaison Committee meeting is scheduled 11 November 2015 at Kempsey Fire Control Centre

 

 

CONSULTATION:

 

Rural Fire Service

Kempsey Shire Council

Assistant General Manager – Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications associated with this report.

 

Social

 

There are no social implications associated with this report.

 

Economic

 

There are no economic implications associated with this report.

 

Risk

 

There are no risk implications associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The 2014/2015 budget incorporated the RFS contribution.

 

Source of fund and any variance to working funds

 

There is anticipated variation to working funds attributed to under expenditure of approximately 7% which will was reported through the Engineering Services June Capital Works report meeting and a recommendation to place and savings into the RFS reserve.

 

Attachments:

1

30495/2015 - MINUTES - NSW RFS Service Level Agreement  12 August 2015

 

2

31413/2015 - NSW Rural Fire Service - Capital Works Program 2015

 

3

31415/2015 - NSW Rural Fire Service - Proposed Fleet Changeover

 

4

 - CIRCULARISED DOCUMENT - Quarterly Performance Report

 

  


Ordinary Council Meeting - 15 October 2015

Minutes of NSW Rural Fire Service Liaison Committee meeting 12 August 2015 – Service Level Agreement 2015

 

 

MINUTES OF LOWER NORTH COAST (LNC) SERVICE LEVEL AGREEMENT (SLA) LIAISON COMMITTEE MEETING WITH KEMPSEY & NAMBUCCA SHIRE COUNCILS HELD WEDNESDAY, 12th AUGUST 2015 AT NAMBUCCA EMERGENCY OPERATION CENTRE (NEOC)

 

 

 

PRESENT

Cr Bruce Morris             Councillor, Kempsey Shire Council (Chair)

Paul Gallagher               Assistant GM Engineering Services Nambucca Shire Council

Cr John Ainsworth         Councillor, Nambucca Shire Council

Paul Bourne                   NSW Rural Fire Service Kempsey Brigade Volunteer

Kathy Oliver                   Director Community Engagement, Kempsey Shire Council

Lachlann Ison                 Exec Officer Zone Manager, RFS Lower North Coast Zone

Tony Jarrett                   RFS Lower North Coast Zone

Narelle Jones                   RFS Lower North Coast Zone

 

Meeting commenced 0935hr.

1.       WELCOME

Committee Chair Bruce Morris welcomed members of the LNC Zone SLA Liaison Committee.

2.       APOLOGIES

Darryl Lang                 NSW Rural Fire Service – Nambucca Brigade Volunteer

Wayne Leader            RFS - Lower North Coast Zone

3.         PREVIOUS MINUTES

Recommendation: Minutes of the meeting held 11th February 2014 be accepted.

Moved: Paul Gallagher                       Seconded: Kathy Oliver     Motion Carried

4.       BUSINESS ARISING

          Nil

5.       AGENDA ITEMS

a/    SLA Business Plan/Quarterly Performance Report – 2014/15 Q4

·    All line items reviewed general discussion.

Bruce Morris asked if local KPI’s could be added as line items to the quarterly report.

Paul Gallagher and Kathy Oliver to email Lachlann to suggest local line items. Suggestions to be discussed at next meeting.

Moved: Paul Gallagher    Seconded: Kathy Oliver    Motion Carried

b/    Operational Report (Incidents attended)

·    Report attached.

John Ainsworth ask if next meeting the operational summary be changed so incident types are shown (only for RFS)

Moved: Kathy Oliver    Seconded: Paul Gallagher    Motion Carried

c/    Financial Reports – Q4

·    Kempsey and Nambucca financial report review general discussion.

Kempsey Council over spent by 9%

Nambucca Council under spent 7%

Paul asked that Lachlann notify Council how much is to be carried over each year. Forecast budget to be given to Paul Gallagher.

d/    2015/16 Budgets

·    Budgets were submitted through the RFS system in February, still no sign of the final approved budgets

e/    Capital Works Plan

·    Tony Jarrett presented a five year plan for vehicles

Lachlann to provide e-copy to both Councils

6.       GENERAL BUSINESS

·    New staff member Mick Robinson has start with LNCZ

 

7.       DATE AND TIME FOR NEXT MEETING

·    11th November 2015 – Kempsey Fire Control Centre (KFCC)

8.       CLOSURE

            Meeting closed at 1025 hours