NAMBUCCA SHIRE COUNCIL

 

 

Ordinary Council Meeting - 29 October 2015

 

LATE AGENDA                                                                                        Page

 

 

 

   

11      Assistant General Manager Corporate Services Report

11.7   Developer Contributions Plan Review: Local Roads and Traffic Infrastructure 2015 - Public Exhibition Period Approval............................................................................................................... 2    


        


Ordinary Council Meeting                                                                                               29 October 2015

Assistant General Manager Corporate Services Report

ITEM 11.7    SF544              291015         Developer Contributions Plan Review: Local Roads and Traffic Infrastructure 2015 - Public Exhibition Period Approval

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

The final draft Local Roads and Traffic Infrastructure Developer Contributions Plan 2016 has been completed by consultants Rick Bennell and Associates. This report seeks approval for the plan to be publicly exhibited from 5 November 2015 to 3 December 2015, for the required 28-day period.

 

Following the public exhibition period, comments will be assessed, the final draft plan updated where required, and a report made to Council on the comments and the changes, with a recommendation for adoption. The Contributions Plan would come into effect at the date of adoption and public notification of this date would then occur. 

 

Normally, the final draft plan would be circulated to Councillors two weeks before they were asked to approve the public exhibition period, however the Grants and Contributions Officer will be ending her employment with Council at the end of the calendar year and this timing enables her to complete the public consultation period and submission to Council for final approval before her departure.

 

 

RecommendationS:

 

That Council approve the Final Draft Local Roads and Traffic Infrastructure Developer Contributions Plan 2016 for public exhibition from 5 November 2015 to 3 December 2015.

 

 

 

OPTIONS:

 

That Council not approve the public exhibition of the plan as there are changes required to the final draft plan. 

 

DISCUSSION

 

The final draft plan has been developed by Rick Bennell and Associates, with a project team which has included two engineers with backgrounds in traffic and transport planning and design and development of road-related developer contributions plans.

 

The study methodology included:

·      Consultation with relevant Council staff;

·      Analysis of existing plans, including developer contributions plans;

·      Traffic and transport assessment to determine impacts of future development;

·      Identification of work or management measures, including costings;

·      Development of works schedule and contribution rates.

 

The final draft plan follows the same framework as set out in the latest Developer Contributions Plan adopted by Council, the Community Facilities and Public Open Space DC 2015, and meets the requirements for developer contributions plans as outlined under Section 94 of the Environmental Planning and Assessment Act and Part 4 of the Planning and Assessment Regulation (2000).

 

Under s94 planning requirements, necessary works to meet the needs of an increased population are identified and costed.  The contribution rate is calculated based on the value of these works, the number of additional people in the Shire, and the apportionment of these costs to the new population.

 

Developer contributions toward local roads and traffic infrastructure have not been collected since late 2014, based on a decision by the Development and Environment Section that contributions would be hard to justify without a compliant developer contributions plan in place. The draft final plan sets a contribution rate of $1,655.88 per person, or $3,974.11 for a three bedroom house.

 

CONSULTATION:

 

General Manager

Manager Assets

Manager Development and Environment

Manager Technical Services

Strategic Planner

Senior Town Planner

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts associated with this report.

 

Social

 

There are no social impacts associated with the report at this time.

 

Economic

 

There are no economic impacts associated with the report at this time.

 

Risk

 

There are no risks associated with the report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no direct or indirect impacts on current or future budgets at this point. When the plan is adopted and contributions are charged at new rates there will be an impact on future budgets – there will be a slight decrease in the contribution rates collected for new developments. 

 

Source of fund and any variance to working funds

 

Not applicable.

 

Service level changes and resourcing/staff implications

 

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

 

Attachments:

1

33631/2015 - Final Draft Local Roads and Traffic Infrastructure Development Contributions Plan 2016

 

  


Ordinary Council Meeting - 29 October 2015

Developer Contributions Plan Review: Local Roads and Traffic Infrastructure 2015 - Public Exhibition Period Approval

 

 

 

 

 

 

 

 

 

 

 


Description: cover photo

 

 

Development Contributions Plan:

Local Roads and Traffic Infrastructure 2016

 

 

 

 

 

 

 

 

 

 

 

 

 
 


Draft Rural Residential

Land Release Strategy

 

 

                                                                                       

 

 

 

 

 

 

 


Plan Version

 

Version

Adopted

Commenced

Notes

 

 

 

 

 

 

 

 

Certification

 

This Contribution Plan, Local Roads and Traffic Infrastructure Contribution Plan, is authorised under s.94 of the Environmental Planning and Assessment Act and was adopted by the Nambucca Shire Council on XXXX and commenced on XXXX.

 

General Manager

Nambucca Shire Council

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 


Contents

PART A

 

1A      INTRODUCTION

 

1.1          Name of this Plan                                                                                                    1

1.2          Commencement of Contribution Plan                                                    1

1.3          What area does this plan apply to                                                                        1

1.4          What is a s94 contribution plan                                                                1

1.5          Purpose of this contribution plan                                                                          2

1.6          Relationship to other plans                                                                                    2

1.7          For what projects will contributions be levied                                                     2

1.8          Contribution plan structure                                                                                     2

 

2A      ADMINISTRATION AND OPERATION OF THE PLAN

 

2.1          Operation of the Plan                                                                                 3

2.2          What is the life of this Plan                                                                                     3

2.3          What is the contribution formula                                                                           3

2.4          When are contributions payable                                                                           3

2.5          Are contributions payable for complying development                                                4

2.6          Offer to enter into a voluntary planning agreement                                          4

2.7          Works in Kind and material public benefit                                                          4

2.8          Dedication of land                                                                                       5

2.9          Monitoring and review of contributions                                                               5

2.10        Adjustment of contributions                                                                      5

2.11        Accountability                                                                                               5

2.12        Deferment of payments                                                                             6

2.13        Pooling of contributions                                                                             6

2.14        Savings and transitional arrangements                                                              6

2.15        Staging of infrastructure                                                                                         6

 

PART B

 

3B      COMMUNITY PROFILE

 

3.1          Resident population                                                                                    6

3.2          Demographic characteristics                                                                    6

3.3          Dwelling and household characteristics                                                             8

 

4B      POPULATION PROJECTIONS AND FACILITY DEMAND

 

4.1          Residential development in Nambucca Shire                                                   11

4.2        Population projections and expected development trends                             11

 

PART C

 

5C      STRATEGY

 

5.1          Definitions and local roads and traffic infrastructure                                        12

5.2          Existing provision            and road hierarchy                                                     12

5.3          Nexus and future demand                                                                                     12

5.4          Works schedule                                                                                           13

5.5          Apportionment                                                                                             15

5.6          Contribution catchments                                                                                        16

5.7          Contribution rate                                                                                          16

 

REFERENCES AND APPENDICES

 

          References

                            

Appendix 1 Example Works in Kind Agreement                                                              

Appendix 2 Example Developer Agreement                                                       

             Appendix 3     Works Schedule


Ordinary Council Meeting - 29 October 2015

Developer Contributions Plan Review: Local Roads and Traffic Infrastructure 2015 - Public Exhibition Period Approval

 

PART A

 

1          INTRODUCTION

 

1.1       Name of this plan

 

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

 

The plan is named the “Local Roads and Traffic Infrastructure 2015 Developer Contributions Plan”.

 

1.2     Commencement of the contribution plan

 

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

 

1.3     What area does this plan apply to?

 

This plan applies to all land within the Nambucca Shire.

 

This development contribution plan applies to applications for development consent and applications for complying development certificates under Part 4 of the Act.

 

1.4     What is a s.94 contribution plan?

 

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

 

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

 

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

 

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

 

The plan should operate over a specific period of time, which in this case is 20 years, for determining both the rate of development and the infrastructure, facilities and services to be provided within that period.  The plan should be reviewed and amended if necessary at the program’s midpoint (5 years).

 

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

 

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


 

 

1.5     Purpose of this contribution plan

 

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

 

The purpose of this plan is to:

 

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

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

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

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

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

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

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

 

1.6     Relationship to other plans

 

Contributions raised and paid under the authority of this plan will be directed towards the respective facility and infrastructure described in the work schedule of this plan.

 

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

 

The plan does not apply to development subject to a plan prepared under Section 94A of the Act.

 

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

 

This contribution plan establishes strategies that allow s.94 contributions to be levied towards the provision of the following works as detailed in the Works schedule in Appendix 3.

 

1.8     Contribution plan structure

 

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

 

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

 

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

 

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

 

 

 

 

 

 

 

 

2       ADMINISTRATION AND OPERATION OF THE PLAN

 

2.1     Operation of the plan

 

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

 

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

 

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

 

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

 

2.2     What is the life of this plan?

 

This plan seeks development contributions for infrastructure required as a result of population increases occurring over the next twenty (20) year period. The time frame selected accords with the estimated rates of development and population projections completed to identify growth from 2015.

 

2.3     What is the contribution formula?

 

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

 

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

 

2.4     When are contributions payable?

 

The amount of developer contributions will be determined as a part of the assessment of a development application and will appear as a condition of approval on the respective development consent issued under section 80 or 89 of the EP&A Act. The notice will include a condition indicating the timing, amount of payment and the public amenity or service in respect of which a condition is imposed.

 

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

 

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


 

 

2.5     Are contributions payable for complying development?

 

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

 

Contributions do not apply to development for the purposes of a secondary dwelling with a floor area up to and including 60m2 (within external walls) for a trial period of two years, commencing from 13 August 2015.

 

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

 

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

 

2.6     Offer to enter into a voluntary planning agreement

 

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

 

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

 

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

 

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

 

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

 

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

 

2.7     Works in Kind and Material Public Benefits

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

2.8     Dedication of land

 

Dedication of land in lieu of monetary contributions for infrastructure described in this plan will be considered at the discretion of Council.

 

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

 

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

 

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

 

2.9     Monitoring and review of contributions

 

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

 

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

 

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

 

2.10   Adjustment of contributions

 

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

 

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

 

Contribution at the time of payment          =          C          x          CPI 2

                                                                                                     CPI 1

Where:

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

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

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

                         of the plan, or subsequent amendment of the plan.

 

2.11   Accountability

 

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

 

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

 

 

 

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

 

2.12   Deferment of payments

 

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

 

2.13   PooIing of contributions

 

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

 

2.14   Savings and transitional arrangements

 

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

 

2.15   Staging of infrastructure

 

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


 

 

PART B

 

3       COMMUNITY PROFILE

 

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

 

3.1     Resident Population

 

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

 

Table 1                 Population Size and Change Nambucca Shire Local Government Area

 

 

Year

 

Population

 

Average % Change P.A.

 

1996

 

17 567

 

 

 

2001

 

17 778

 

0.17

 

2006

 

17 896

 

0.20

 

2011

 

18,644

 

0.84

 

3.2     Demographic Characteristics

 

3.2.1  Age Structure

 

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

 

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

 

Table 2                 Age Structure, Nambucca LGA 2001 – 2011

 

 

Age Group

 

2001

(no.)

 

2006

(no.)

 

2011

(no.)

 

Change

01-11(%)

 

0-4 years

 

973

 

978

1045

 

7.40

 

5-9 years

 

1 247

 

1 101

1105

 

-11.39

 

10-14 years

 

1 441

 

1 265

1176

 

-18.39

 

15-19 years

 

1 175

 

1 126

1110

 

-5.53

 

20-24 years

 

574

 

652

652

 

13.59

 

25-29 years

 

686

 

567

656

 

-4.37

 

30-34 years

 

791

 

737

634

 

-19.85

 

35-39 years

 

1 041

 

868

913

 

-12.30

 

40-44 years

 

1 347

 

1 154

959

 

-28.80

 

45-49 years

 

1 298

 

1 427

1229

 

-5.32

 

50-54 years

 

1 216

 

1 353

1567

 

28.87

 

55-59 years

 

1 069

 

1 389

1505

 

40.79

 

60-64 years

 

1 077

 

1 229

1543

 

43.27

 

65-69 years

 

990

 

1 134

1354

 

36.77

 

70-74 years

 

1 039

 

932

1089

 

4.81

 

75-79 years

 

865

 

883

821

 

-5.09

 

80-84 years

 

482

 

653

658

 

36.51

 

85 years and over

 

351

 

448

626

 

78.35

 

Total

 

17 662

 

17 896

18 644

 

1.79

 

3.2.2  Household type

 

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

 

3.2.3  Ethnicity

 

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

 

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

 

3.2.4  Income

 

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

 

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

 

3.2.5  Labour force participation

 

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

 

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

 

3.3     Dwelling and household characteristics

 

3.3.1  Overview

 

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

 

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

 

 

 

 

3.3.2  Dwelling growth

 

Table 3                 Dwelling Growth (2001-2011)

Dwelling Type

2001

2006

2011

% change 01-06

% change 06-11

 

Detached House

 

5 932

 

6 187

 

6553

 

4.2%

 

5.5%

 

Semi, row, terrace, etc

 

195

 

263

 

348

 

34.87%

 

24.4%

 

Flat, unit, apartment.

 

554

 

608

 

569

 

9.74%

 

-6.8%


 

Other Dwelling

 

 

 

 

 

 

Caravan, cabin, houseboat

 

446

 

463

 

239

 

3.8%

 

-93%

Improvised home, tent, sleep out

 

8

 

23

 

7

 

65.22%

 

-228%

 

House or flat attached to shop, offic

 

39

 

32

 

56

 

-17.94%

 

42%

 

Total Other Dwelling

 

493

 

518

 

302

 

5.07%

 

-71.5%

 

Dwelling structure not stated

 

80

 

11

 

0

 

-86.25%

 

Total Occupied Private Dwellings

 

7 254

 

7 587

 

7992

 

4.6%

 

5%

 

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

 

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

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

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

 

3.3.3  Dwelling type

 

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

 

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

 

3.3.4  Tenure

 

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

 

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

 

 

 

 

 

 

 

 

 

 

3.3.5  Occupancy rates

 

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

 

 

Number of bedrooms

 

1

 

2

 

3

 

Detached housing

 

1.3

 

1.6

 

2.4

 

Semi-detached, row or townhouse

 

1.0

 

1.5

 

2.0

 

Flat Unit or apartment

 

1.2

 

1.5

 

2.2

 

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

 

3.3.6  Commenced residential dwellings

 

Table 5                 Occupation certificates issued for residential dwellings 2006 – 2013

in Nambucca Shire

 

 

Year

 

2006

 

2007

 

2008

 

2009

 

2010

 

2011

 

2012

 

2013

 

Total

 

Number

 

127

 

61

 

121

 

94

 

69

 

74

 

65

 

42

 

653

 

 

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

 

3.3.7 Summary of key trends

 

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

 

Key characteristics of the Nambucca LGA are:

 

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

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

§ A low income population.

§ Low dwelling densities.

§ Lower than average occupancy rates for dwellings.

§ A high proportion of fully owned dwellings.

 

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

 

 


 


4       POPULATION PROJECTIONS AND FACILITY DEMAND

 

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

 

 

4.1     Residential development in Nambucca Shire

 

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

 

Table 6                 Population Projections Nambucca Shire 2006 – 2031

 

 

Year

 

Population

 

Av Annual Growth (%)

 

Population Projection

 

Projected Av Annual Population Growth (%)

 

 

 

ABS Census

 

ABS Census

 

NSC 2015

 

NSC 2015

 

2006

 

17896

 

 

 

 

 

2011

 

18644

 

0.83%

 

 

 

2016

 

 

 

 

 

20466

 

1.9%

 

2021

 

 

 

 

 

21436

 

0.94%

 

2026

 

 

 

 

 

22406

 

0.91%

 

2031

 

 

 

23376

 

0.86%

 

4.2               Population projections and expected development trends

 

Based on data available from the ABS (Census 2006 and 2011) and on Nambucca Shire Council residential development trends over the past five years, it is expected that the population of the Nambucca LGA will increase from 18,644 persons (2011) to 23,376 persons by 2031, indicating a net growth of 4,732 persons over this period. It is anticipated that growth will remain steady for the next 20 years to 2036 for the life of this plan. Accordingly, a growth figure of 4,700 people is projected for the life of this plan from 2016 to 2026.

 

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

 

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

 


Ordinary Council Meeting - 29 October 2015

Developer Contributions Plan Review: Local Roads and Traffic Infrastructure 2015 - Public Exhibition Period Approval

 

PART C STRATEGY

 

5       INFRASTRUCTURE

 

5.1     Definition of local roads and traffic infrastructure

 

This plan covers local roads which are roads that are not administered by State or Federal Governments and are identified in the road hierarchy plan. The plan relates to the road infrastructure including the existing road pavement, bridges, road and intersection geometry, traffic signs and markings and where applicable, roadside hazards. The plan does not cover roads or infrastructure on roads which will not attract a measurable level of additional traffic generated by new development.

 

The Nambucca Shire comprises a network of roads which allow the safe, efficient and convenient movement of people and goods across and throughout the Shire.

 

Established urban areas are generally serviced by ‘off roads’ to the east and west of the Pacific Highway with direct access to the Highway through ‘at- grade’ intersections.

 

With the completion of the Pacific Highway Bypass, the existing Highway corridor will function as a local road connection for vehicles, cyclists and pedestrians. The process of ‘handover’ of the Old Pacific Highway from the Roads and Maritime Services (RMS) to Council should see development of a local road connection to a standard suitable for acceptance of anticipated growth in traffic for the life of this plan. Other local road connections however, while currently of acceptable standard, will require upgrade works to ensure the safe and efficient movement of traffic with the anticipated growth in residential, commercial and industrial development.

 

5.2     Existing provision and road hierarchy

 

Management of the road network must provide for the:

 

·      safe and efficient access to property;

·      free flow of vehicles and other modes of road transport;

·      safe management of traffic movements;

·      protection of roadside amenity; and

·      support for the sustainable land development.

 

A road hierarchy plan attempts to reflect the preferred movement of vehicles throughout the network and is used as a tool to assist in planning the interface between land use and the road system, and the appropriate linkage of roadways in the road system. The road hierarchy is a division of the road network into identifiable road classifications or types which reflect the functionality of the roads making up the network with each classification characterised by a number of criteria to differentiate it from other classifications.

 

For the purposes of this plan, a road hierarchy has been determined based on a criterion of increased traffic volumes resulting from new development. The road hierarchy plan (Figure 1) links new development traffic generators, service towns, industrial/commercial areas, schools and bus routes. The road hierarchy plan provides a means of defining each roadway in terms of its function such that appropriate objectives for that roadway can be set and the current road capability measured against appropriate design criteria.

 

 

5.3     Nexus and future demand

 

There exists a simple geographical nexus or link between the locations of anticipated new development and the need for the identified locations of the road network upgrade components.

 

Without an area wide traffic distribution model however it is not possible to assign specific traffic growth numbers to specific roads or road segments. The plan therefore relies on a general assumption that the total package of road network improvements is required to cater for increases in traffic from new development regardless of location on the road network.

Urban growth within the Shire to accommodate an increase of 4,700 persons by 2036 will increase the traffic load upon the road network shown on the road hierarchy map. Based on the figures in Section 3.3.6 in table 5, new residential development alone will generate an annual average increase of 930 vehicle trips per day on the road network with an annual average increase of approximately 80 vehicle trips in the peak hours. The roads within the hierarchy will be used for these trips associated with recreation pursuits, journeys to work, emergency access, journeys associated with shopping and commercial services and for education pursuits. The future population will expect a similar level service as provided by the current road network. To maintain this level of service, the road upgrade components outlined in the works schedule will need to be implemented.   

 

5.4     Works Schedule

 

The Works Schedule has been developed through physical assessment of road widths, shoulder widths, sight distance constraints, intersection geometry and roadside hazard/clear zone issues on the roads identified in the road hierarchy plan. The Works Schedule also reflects analysis of recent RMS Crash Data, public transport routes and pedestrian and cyclist safety. Details of the traffic and transport factors used in determination of the works schedule and specific project details are included in Appendix 3. Table 7 below provides a summary of the works schedule components.

 

Table 7                 Works Schedule Summary

 

Road Name

Location

 Estimated Cost

 

 

 

 

 

 

 

1

Valla Beach Road

a

hwy to rail bridge

                        134,400

hwy to rail bridge

                           42,000

b

No.84 to 106

                           60,000

c

No.82 to Thompson Road

                           84,000

No.82 to Thompson Road

                           10,000

d

Ocean View Drive to No.66

                           13,500

 

 

 

 

 

 

 

2

Mann Street

a

Bent St to Palmer St

                        129,600

                           66,000

b

Palmer St to No.78 (high level)

                           27,000

c

East of Palmer St – both sides

                           50,400

                           66,000

d

east of West St

                           10,000

e

east of Hyland Park Road

                        145,000

f

Roundabout to Hyland Park Road

                           21,000

 

 

 

 

 

 

 

3

Old Coast Road

a

north of Mattick Road

                           32,000

 

 

 

 

 

 

                                    -  

4

Wilsons Road

a

No.938 to No.957

                           40,000

b

H H Mattick Bridge

                           66,000

c

West of Wilsons bridge

                      1,003,000

 

 

 

 

 

 

                                    -  

5

Rodeo Drive

a

west of Christine Close

                        150,000

b

No.159-174

                           77,000

c

South of No. 316

                           35,000

d

South of  No.174

                           35,000

e

North of No.1-411

                           35,000

f

South of Wirrimbi Drive

                           70,000

 

 

 

 

 

 

                                    -  

6

Scotts Head Road

a

west of Cookies Lane

                        175,000

b

west of Landy Drive

                        420,000

c

under hwy bridge

                           70,000

d

90 degree bend west of hwy

                        400,000

 

 

 

 

 

 

                                    -  

7

Algomera Road

a

Algomera No.2 Bridge

                        188,000

b

Algomera Road

                        210,000

 

 

 

 

 

 

                                    -  

8

Eungai Creek Road

a

Little Tamban Road

                           51,000

b

"

                             7,500

c

Main Street

                             6,000

 

 

 

 

 

 

                                    -  

9

Upper Warrell Creek Rd

a

east of Lovedays Bridge

                           80,000

b

Lovedays Bridge

                          66,000

c

nth of Corella Rd

                        140,000

d

Peterkins Bridge

                        300,000

 

 

 

 

 

 

 

10

Town Centre Traffic

a

Whole Centre

437,600

 

 

 

 

 

 

                                    -  

11

Newee Creek Road

1

Hopewood Cres to Soldier Settlers Rd

                        300,000

 

 

 

 

 

 

                                    -  

12

Irvines Road

1

Newee Creek Rd to No. 208

                        780,000

 

 

 

 

 

 

                                    -  

13

Gumma Road

a

Alongside Nambucca River

                           36,000

 

 

 

 

 

 

                                    -  

14

Bald Hill Road

a

No.100 to end of road (No.153)

                        140,000

 

 

 

 

 

 

                                    -  

6,209,000

Contingency 25%

1,552,250

Cost of Plan

$21,380

 

Total

7,782,630

 

 

While the Works Schedule represents road network improvements based on the general distribution of new development traffic across the whole network; the ideal timing for completion of each road upgrade project would be concurrent with completion of significant residential development with direct access to the subject road. This timing of development is difficult to predict as market trends and demand will change over time. Nevertheless, a priority listing of the Works Schedule has been developed based on an assessment of roads which would derive the greatest benefit from works at current conditions. These priorities should be reviewed regularly against development trends. Table 8 below provides the current works schedule priorities.

 


 

Table 8                 Works Schedule Priority (Timing of works)

 

Road Name

Priority

     Total Estimated Cost

 

 

 

 

 

 

 

1

Valla Beach Road

2

0 – 10 years

                        343,900

 

 

 

 

 

 

 

2

Mann Street

2

0 – 10 years

                        515,000

 

 

 

 

 

 

 

3

Old Coast Road

2

10 years +

                          32,000

 

 

 

 

 

 

                                  

4

Wilsons Road

2

10 years +

                        1,109,000

 

 

 

 

 

 

                                   

5

Rodeo Drive

2

10 years +

                        402,000

 

 

 

 

 

 

                                     

6

Scotts Head Road

1

0 – 10 years

                    1,065,000

 

 

 

 

 

 

                                    

7

Algomera Road

2

10 years +

                        398,000

 

 

 

 

 

 

                                   

8

Eungai Creek Road

2

10 years +

                          64,500

 

 

 

 

 

 

                                  

9

Upper Warrell Creek Rd

2

0 – 10 years

                       586,000

 

 

 

 

 

 

 

10

Town  Centre Traffic Calming

1-2

0-20 years

                        437,600

 

 

 

 

 

 

                                      

11

Newee Creek Road

2

0 – 10 years

                        300,000

 

 

 

 

 

 

                                      

12

Irvines Road

2

10 years +

                        780,000

 

 

 

 

 

 

                                      

13

Gumma Road

1

0 – 10 years

                        36,000

 

 

 

 

 

 

                                     

14

Bald Hill Road

2

0 – 10 years

                        140,000

 

 

 

 

 

 

                                      

 

 

A full description of the works schedule is included in Appendix 3.

 

 

5.5     Apportionment

 

The population of the Shire is expected to grow at a mean annual average rate of 1.2% over the 20 year life of the plan. As the existing road network is sufficient to service the existing population, the works listed in the schedule are only required as a result of the new population expected over the next 20 years. Without this population growth and consequential increase in traffic volumes, the existing road network could meet community expectations; as stated above, the works listed are only generated as a result of the new population. On this basis the contribution is based on 100% of the cost of works required as a direct result of population growth; the only exception is the Town centre traffic calming works which are based on 20% of the cost of the works; the new population represents a 20% increase in the population projected to 2036.

 

 

 

 

 

5.6     Contribution catchments

 

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

 

5.7     Contribution rate

 

The contribution rate is calculated as follows:

 

Formula

Contribution per Person ($) =           TC x RA

                                                       RP

 

Where:

 

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

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

RP = the increase in Shire residential

 

Contribution per person = $7,782,630 (TC) x 100%(RA) = $1,655.88

                                                   4,700 (RP)

 

 

References

 

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

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

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

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

Macksville Town Centre Revitalisation Plan 2013; Nambucca Shire Council

 

 


 

 


 


Ordinary Council Meeting - 29 October 2015

Developer Contributions Plan Review: Local Roads and Traffic Infrastructure 2015 - Public Exhibition Period Approval

 

Appendix 1

 

 

Example Works in Kind Agreement

 

 


The Council of the Shire of Nambucca

(“the Council”)

 

 

and

 

[insert name of Developer]

(the Developer)

 

Works in Kind Agreement

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

 

 

WIKA Reg No:


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

 

 

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

 

And

 

(insert Developer)

 

Recitals

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Words importing the singular include the plural and vice versa.

 

Words importing any gender include any other gender.

 

Schedules attached to this Deed form part of the Deed.

 

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

 

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

 

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



 

OPERATIVE PROVISIONS

 

1          Developer to Carry out Works

 

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

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

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

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

 

2          Failure to Carry out Works

 

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

 

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

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

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

 

3          Reduction and/or Variation to the Contribution

 

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

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

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

 

4          Availability of Credit for Works

 

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

 

5          Warranty by Developer

 

The Developer warrants to the Council:

 

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

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

 

6          Protection of Persons and Property

 

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

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

 

7        Indemnity and Insurance

 

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

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

 

8        Care of Works

 

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

 

9        Access to Site and Works

 

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

 


10      Removal of Structures

 

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

 

11        Variation of Works

 

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

 

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

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

 

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

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

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

 

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

 

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

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

 

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

 

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

 

12      Supervision

 

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

 

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

 

13      Special Conditions

As per Schedule G

 

14      Defects Liability and Maintenance Period

 

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

 

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

 

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

 

15      Application Bonds

 

            If:

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

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

 

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

 

16      Certificate Conclusive

 

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

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

 

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

 

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

 

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

 

17        Service of Documents

 

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

 

18      Assignment

 

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

 

19      Documents

 

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

 

20      Costs

 

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

 

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

 

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

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

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

 


SIGNED AS A DEED

 

SIGNED in my presence by Nambucca Shire Council by its

Attorney __________________who is personally known to me.

 

 

 

 

­­­­­­­­­­­­_________________________________________________

Signature of Witness

 

 

 

 

_________________________________________________

Name of Witness (BLOCK LETTERS)

 

 

 

 

_________________________________________________

Address and Occupation of Witness

 

 

 

 

                                                                                  _____________________________________

Nambucca Shire Council by

Its attorney [INSERT NAME]

Pursuant to power of attorney

Registered Book [INSERT REG #].

 

 

THE COMMON SEAL of                    

 

LIMITED was affixed to this deed in              )

Accordance with its Articles of            )

Association and in the presence of               )

 

 

 

 

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

                          Signature                                                                          Date

  

 

 

 

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

            Witnessed By                                                                       Date


 

               


SCHEDULE A

 

DEVELOPMENT APPLICATION DETAILS

 

 

File / Determination No:             _________________________________________

 

Proposed Development:           _________________________________________

 

 

Description of land to which

Development application relates:

           

Description: BD10290_

           

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

           

Applicable CPI Date:

 

           

Section 94 Contributions Payable:

           

(list applicable contribution plans)

 

 

 

Total Value of Works:

           

           

Balance of Section 94 Contributions Payable:

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

 

 

 

 


SCHEDULE A (Cont’d)

 

FORMULAE FOR CALCULATION OF VARIATION IN CONTRIBUTIONS

 

 

1        Contributions based on Lots

                      Base Contribution Due ($)                   =        Contribution Rate   x        Lots

           

           

           

           

           

           

2        Contributions based on Population

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

           

           

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

           

           


SCHEDULE B

 

SITE DESCRIPTION

 

 

 

 

 

 

 

 

 

Location Plan

 

Insert Location Map Here

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE C

 

DESCRIPTION OF ACTIVITY

 

 

 


SCHEDULE D

 

COMPLETION DATE

 

 

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

 

 

 

 

 

 


SCHEDULE E

 

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

 

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

 

2        The bond or guarantee must be given by:-

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

            7.1   The practical completion date; and

           

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

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


SCHEDULE F

 

INSURANCES

 

 

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

 

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

 

 


SCHEDULE G

 

SPECIAL CONDITIONS

 

 

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

Specification

 

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

 

 

                                                                               or

 

           

                                                                     delegated officer

           

 

           

           

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

           

           

 

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

 

 

 

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

 

 

 

 


SCHEDULE H

 

SCOPE OF WORKS

 

 

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

 

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

 

 



 

Appendix 2

 

 

Example Developer Agreement

 



 

ATTACHMENT A

 

PLANNING AGREEMENT

 

 

Parties

 

 

SHIRE of NAMBUCCA, NEW SOUTH WALES (COUNCIL)

 

and

 

### of ### (DEVELOPER)

 

 

Background

 

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

 

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

 

Operative Provisions

 

Planning agreement under the Act

 

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

 

Application of this Agreement

 

This Agreement applies to the Land

 

Operation of this Agreement

 

Need to specify:

§ Date or trigger whereby the Agreement takes effect

§ Date or trigger whereby the Parties must execute the Agreement

 

Definitions and interpretation

 

In this Agreement the following definitions apply:

 

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

 

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

 

Development means ####

 

Development Application retains the same meaning as in the Act

 

Development Consent retains the same meaning as in the Act

 

GST has the same meaning as in the GST Law

 

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

 

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

 

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

 

Public Infrastructure means ##

 

Regulation means the Environmental Planning and Assessment Regulation 2000

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

n)    Any schedules and attachments form part of this Agreement

 

Development contributions made under this Agreement

 

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

 

Application of the development contributions

 

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

 

Application of s94 and s94A of the Act to the Development

 

7.1 Contributions under S94A are not applicable

 

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

 

 

Registration of this Agreement

 

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

 

 

Review of this Agreement

 

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

 

Dispute Resolution

 

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

 

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

 

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

 

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

§ The dispute resolution technique and procedures to be adopted

§ The timetable for all steps in those procedures; and

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

 

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

 

Enforcement of this Agreement

 

11.1                How will this Agreement be enforced?

 

Notices

 

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

                        

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

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

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

 

Council

 

Attention:                   ####

 

Address:                    44 Princess Street

                                    Macksville. 2447

 

Fax Number:                         02 6568 2201

 

E mail:                       ####


 

 

Developer

 

Attention:                   ####

 

Address:                    ####

 

Fax Number:                         ####

 

E mail:                       ####

 

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

 

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

 

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

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

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

 

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

 

Approvals and consent

 

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

 

Assignment and Dealing

 

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

 

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

 

Costs

 

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

 

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

 

Entire Agreement

 

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

 

Further Acts

 

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

 

 

Governing law and jurisdiction

 

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

 

Joint and individual liability and benefits

 

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

 

No fetter

 

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

 

Representations and warranties

 

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

 

Severability

 

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

 

Modification

 

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

 

Waiver

 

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

 

GST

 

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

 


 

Execution

 

Dated: ####

 

Executed as an Agreement:             ####

 

SIGNED AS AN AGREEMENT

 

THE COMMON SEAL OF COUNCIL OF )

 NAMBUCCA SHIRE is hereunto affixed )

pursuant to resolution made on

 

 

 

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

GENERAL MANAGER                                                 MAYOR

 

 

 

 

 

 

Executed by #### (The Developer)

Under Section 127(1) of the Corporations Act 2001

by being signed by:

 

 

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

DIRECTOR                                                        SECRETARY

 

 

 

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

NAME                                                                NAME

 



 

ATTACHMENT B

 

 

Environmental Planning and Assessment Regulation 2000

 

 

Clause 25E

 

Explanatory Note

 

Draft Planning Agreement

 

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

 

1.   Parties

 

Nambucca Shire Council, (the Planning Authority)

 

##### (the Developer)

 

 

 

 

 

 

2.   Description of Subject Land

 

####

 

 

 

 

 

 

 

3.   Description of Development Application

 

####

 

 

 

 

 

 

 

 

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

 

####

 

 

 

 

 


 

5.   Assessment of the Merits of the Draft Planning Agreement

 

The Planning Purposes served by the Draft Planning Agreement

 

#####

 

 

 

 

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

 

####

 

 

 

 

How the Draft Planning Agreement Promotes the Public Interest

 

####

 

 

 

 

 

How the Draft Planning Agreement Promotes the Elements of Councils Charter

 

#####

 

 

 

 

 

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

 

####

 

 

 

 

 

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

 

####

 

 

 

 

 

6.  
Other Matters

 

####

 

 

 

SIGNED

 

THE COMMON SEAL OF COUNCIL OF )

 NAMBUCCA SHIRE is hereunto affixed )

pursuant to resolution made on

 

 

 

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

GENERAL MANAGER                                                 MAYOR

 

 

………………………………………………

DATE

 

 

Executed by #### (The Developer)

Under Section 127(1) of the Corporations Act 2001

by being signed by:

 

 

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

DIRECTOR                                                        SECRETARY

 

 

 

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

NAME                                                                NAME

 

 

………………………………………….

DATE


Ordinary Council Meeting - 29 October 2015

Developer Contributions Plan Review: Local Roads and Traffic Infrastructure 2015 - Public Exhibition Period Approval

 

ATTACHMENT C

 

CONDITION OF DEVELOPMENT CONSENT

 

 

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

 

 


 

Appendix 3

 

Introduction

 

This Nambucca Heads Shire Local Roads Developer Contributions Plan traffic and transport assessment determines the impacts of future development on the existing transport network and identifies works or management measures to ensure compliance with Council and Roads and Maritime Services (RMS) traffic and transport policy and guidelines.

 

The traffic and transport assessment includes;

 

·      Site Analysis

·      Assessment of relevant RMS and Council traffic data

·      Assessment of existing transport network

·      Impact of traffic and generation on surrounding transport network

·      Mitigation and management measures

 

Site analysis

 

Following meetings with Council Officers residential growth areas were highlighted in relation to the existing road network. Preliminary site inspections were carried out at key growth areas and a draft road hierarchy prepared which determined the road network connections requiring further analysis.

 

A key factor in the ongoing development of the Nambucca Shire road network is the forthcoming completion of the Pacific Highway Bypass and the corresponding handover to Council of the existing Pacific Highway to function as a local collector road. The preliminary site analysis included inspection of existing Pacific Highway intersections with a view to determining any likely issues relating to future development traffic generation.

 

The final Nambucca Shire Local Roads Developer Contributions Plan road hierarchy plan was adopted following further consultation with Council and Public Transport operators.

 

RMS and Council traffic data

 

Crash history data on the roads likely to be affected by future development was obtained from the RMS. Summary analysis of the crash data showed the majority of crashes to be RUM 80’s run-off road crashes. A summary of the crash data is included in Table 1.

 

Table 1 RMS crash data summary 2010 - 2014

 

Road Location

 

Crash Data

 

Valla Beach Road

No crash record.

Old Coast Road east of Link Road / Mann Street.

3 rear end crashes westbound.

Mann Street at Reservoir bends

2 run off road crashes west bound.

Old Coast Road/Wirrimba Road intersection.

1 run off road crash south bound.

Wirrimba Road          to Rodeo Drive.

7 run off road crashes all east bound.

Wirrimba Road / Rodeo Drive intersection.

1 head on crash.

Rodeo Drive south.

1 run off road at rail bend south bound. 1 run off road at Ferry St bend west bound..

Wilson Road from Nambucca.

Cluster of 3 run off road at creek bend.

Wilson Road.

4 run off road crashes right hand bends

Rodeo Drive from Bowraville.

2 run off road crashes on bend west of Valla Road.

Rodeo Drive.

2 run off road crashes on straight.

Rodeo Drive.

Run off road fatality west of Irvines Road.

Upper Warrell Road.

1 run off road crash west of rail.

Upper Warrell Creek Road.           

2 crashes.

Scotts Head Road.

Right angle bend one head on one off road crashes.

Scotts Head Road.

Various run off road and head on crashes. Cluster of 3 west of Clayholes Road.

Scotts Head Road.

Various run off road and head on crashes. Cluster of 5 on two bends east of Clayholes Road.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The crash data was used to prioritise road inspections and infrastructure assessment for the development of the Local Roads Developer Contributions Plan works schedule.

 

Assessment of existing transport network

 

Using information provided by Council and following site inspection of the road network, a desk top assessment of existing traffic volumes, new development traffic generation and Levels of Service was carried out.

 

As the majority of roads likely to receive increased traffic volumes are classified rural or rural residential roads it was determined that traffic levels of service would not be critical in determining impacts of traffic generation from new development.

 

The existing transport network assessment therefore focused on road crash trends and any deficiencies in the road formation which required upgrading including pavement condition, footpaths and drainage. This included assessment of roads affected by flooding and bank erosion.

 

Local bus companies were also consulted on any deficiencies in the road network which limited their ability to service population growth.  

 

Impact of traffic on surrounding transport network

 

The estimated traffic generated by future development was determined in accordance with RMS Guide to Traffic Generating Developments and distributed onto the existing road network to determine future traffic conditions. For the purposes of this plan, a road hierarchy was determined based on a criterion of measurable increased traffic volumes resulting from the new development.

 

The road hierarchy plan provides a means of defining each roadway in terms of its function such that appropriate objectives for that roadway can be set and the current road capability measured against appropriate design criteria. Assessment of the existing road network condition was carried out against Auspec design standards and the Austroads Guide to Traffic Management series.

 

Mitigation and management measures

 

Mitigation and management measures for any traffic and transport impacts on the road hierarchy due to new development were developed through physical assessment of road widths, shoulder widths, sight distance constraints, intersection geometry and roadside hazard/clear zone issues on the roads identified in the road hierarchy plan. The proposed measures also reflect analysis of recent RMS Crash Data, public transport routes and pedestrian and cyclist safety.

 

Detailed descriptions of the proposed mitigation measures recommended for inclusion in the Developer Contributions Plan are documented in the following tables. A summary of the proposed mitigation measures and cost estimates for the works were developed into the Draft Local Roads Developer Contributions Plan Works Schedule.

 

Traffic management works identified in the Macksville Town Centre Revitalisation Plan have been included with costs proportional to the overall increase in population resulting from new development. The Macksville Town Centre Revitalisation Plan identifies the need for works to cater for existing and future population; particularly in relation to traffic calming, thus providing nexus to the contributions plan.

 

Cost estimates for the proposed mitigation works were be prepared using Council unit rate data, and IPART Local infrastructure benchmark costs.

 

Further consultation with Council on the scope and priority of the proposed works resulted in incorporation of the final Works Schedule into the Contributions Plan.

 

 

 

 

 

 

 

 

                   

 

Road

 

Site No.1A Valla Beach Road, Valla

Location

Hwy to Rail Bridge

Issues

Kerb, gutter & footpath ends at railbridge.

Kerb & gutter is required to support the pavement edge and control drainage.

The existing footpath runs along the northern side of Valla Beach Road but terminates at the railbridge.

Treatment

Construct kerb & gutter both sides of road plus footpath on the northern side from the railbridge to the existing hwy including kerb returns.

Cost

Kerb and gutter    280m x 2 x $240/m                                   $134,400

Footpath                    280m x $150/m                                   $42,000

Description

        

 

 

 

 

Road

 

Site No.1B Valla Beach Road, Valla

Location

No.84 to No.106 – sth side

Issues

 

Missing section of kerb, gutter on the southern side of Valla Beach Road.

                         

Kerb & gutter is required to support the pavement edge and control drainage.

 

Treatment

Construct 200m of roll kerb & gutter on the southern side of the road from No.84 to No.106. Some shoulder work will be required to achieve a 9m wide pavement.

Cost

Kerb and gutter and shoulders         200m x $300/m                         $60,000

Description

      

 


 

                   

 

Road

 

Site No.1C Valla Beach Road, Valla

Location

No.82 to Thompsons Road – sth side

Issues

 

Missing section of concrete footpath on the southern side of Valla Beach Road.

 

Footpath is required to provide safe pedestrian access and will service the bus stop

and shelter.

Treatment

Construct 350m of concrete footpath on the southern side of the road from No.82 to Thompsons Road. Shoulder widening, retaining wall and handrail will be required.

Cost

 

Footpath           350m x $240/m                                            $84,000

Bus bay            1 x $10,000                                                    $10,000

Description

      

 


 

 

 

 

Road

 

Site No.1D Valla Beach Road, Valla

Location

Ocean View Road to No.66 – sth side

Issues

 

Missing section of footpath on the southern side of Valla Beach Road.

                         

Treatment

Construct 200m of concrete footpath

Cost

Kerb and gutter and shoulders         90m x $150/m                           $13,500

Description

   Description: H:\VallaD.jpg    


 

 

 

 

Road

 

Site No.2A Mann St, Nambucca Heads

Location

Bent St to Palmer St - both sides

Issues

Missing section of kerb and gutter both sides. Guard rail required on southern side for traffic safety.

Treatment

Construct 300m of kerb & gutter on both sides of the road. Guard rail required on southern side.

Cost

 

Kerb & gutter    540m x $240/m                                            $129,600

 

Guard rail          150m x $440/m                                            $66,000

 

Description

  

 


 

 

Road

 

Site No.2B Mann St, Nambucca Heads

Location

Palmer St to No.78 – nth side

Issues

Missing section of footpath

Treatment

Construct 180m of concrete footpath on north side of high level access.

Cost

 

Concrete footpath       180m x $150/m                                           $27,000

Description

 


 

 

 

Road

 

Site No.2C Mann St, Nambucca Heads

Location

East of Palmer St - both sides

Issues

Missing section of kerb and gutter. Guard rail required on southern side for traffic safety.

Treatment

Construct 200m of kerb & gutter on south side of the road. Guard rail required on southern side.

Cost

 

Kerb & gutter    210m x $240/m                                            $50,400

 

Guard rail          150m x $440/m                                            $66,000

 

Description

 

 


 

 

 

Road

 

Site No.2D Mann St, Nambucca Heads

Location

East of West St - sth side

Issues

Unformed bus bay

Treatment

Construct bus bay.

Cost

 

Pavement construction 125m2 x $80/m2                              $10,000

Description

 

 


 

 

Road

 

Site No.2E Mann St, Nambucca Heads

Location

 

East of Hyland Park Road - nth side

Issues

Narrow section of road at intersection.

Treatment

Widen road and construct new kerb, gutter and footpath.

Cost

 

Pavement widening, kerb, gutter footpath         290m x $500/m              $145,000

 

Description

 Description: H:\MannE.jpg

 


 

 

 

Road

 

Site No.2F Mann St, Nambucca Heads

Location

 

Roundabout to Hyland Park Road

Issues

Missing section of footpath on nth side

Treatment

Construct new footpath

Cost

 

Footpath           140m x 150/m                                                        $21,000

 

Description

 


 

 

Road

 

Site No.3A Old Coast Road

Location

 

North of Mattick Road

Issues

400m section of unsealed road. Seal for dust control and road safety.

Treatment

Seal unsealed section

Cost

 

 

2 Coat Seal                 400m x $80/m2                                           $32,000

 

 

 

 

Road

 

Site No.4A Wilsons Road

Location

 

No.938 to No. 957

 

Issues

 

Narrow pavement

 

Treatment

 

Widen pavement to 3.7m lanes and provide shoulder.

Cost

 

Pavement widening      200m x $200/m                                $40,000

Description

 

 


 

 

 

Road

 

Site No.4B Wilsons Road

Location

 

H H Mattick Bridge

Issues

 

Narrow pavement

 

Treatment

 

Missing or unsafe guard rail at bridge approaches.

Cost

 

 

Guard rail                    150m x $440/m                                           $66,000

Description

 Description: H:\hhmattick.jpg

 

 

 

Road

 

Site No.4C Wilsons Road

Location

 

West of Wilsons Bridge

 

Issues

 

Poor traffic safety due to narrow road, minimal shoulders and drop off into creek.

 

Treatment

 

Improve shoulders and install guard rail on creek side.

Cost

 

Shoulder widening      1,700m x $590/m                               $1,003,000

 

 

 

 

 

Road

 

5 A Rodeo Drive

Location

A    West of Christine Close

Issues

Isolated bend which has been the site of several traffic accidents

Treatment

Widen pavement and improve alignment including superelevation

Cost

                          500m x $300/m                                    $150,000

Description

       Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7345.JPG        Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7342.JPG


 

 

Road

 

5 B, C, D, E & F   Rodeo Drive

Location

B    No.159 to No.174

C    South of No.316

D    South of No.174

E    North of No. 411

F     South of Wirrimbi Drive

Issues

Deformed pavement with insufficient strength for increased traffic.

Treatment

Improve pavement strength by rehabilitation - rip and add treatment recommended.

Cost

B                       220m x $350/m      $77,000

C                       100m x $350/m      $35,000

D                       100m x $350/m      $35,000

E                       100m x $350/m      $35,000

F                       200m x $350/m      $70,000

Description

       Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 25-8-15\IMG_7392.JPG              Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7334.JPG

 


 

 

 

Road

 

Site No.6A & 6B Scotts Head Road

Location

 

A. West of Cookies Lane

B. West of Landys

Issues

 

The pavement is under strength for increased traffic loads.

 

Treatment

 

Strengthen pavement by rip and add road materials and reseal pavement.

 

Cost

 

A. Pavement rehabilitation       500m x $350/m                    $175,000

B. Pavement rehabilitation     1200m x $350/m                    $420,000

 

Description

 

 

 

Road

 

Site No.6C Scotts Head Road

Location

 

Under hwy bridge

Issues

 

The road is low and subject to flooding.

Treatment

 

Raise and strengthen pavement by rip and add road materials and reseal pavement

Cost

 

Pavement reconstruction       200m x $350/m                                $70,000

 


 

 


 

Road

 

Site No.6D Scotts Head Road

Location

 

90 degree bend west side of Hwy

Issues

 

Isolated bend with poor alignment

 

Treatment

 

Property acquisition and realign bend and superelevate

Cost

 

Acquire and reconstruction    200m x $2000/m                    $400,000

 

 

 

Road

 

Site No.7A & 7B Allgomera Road

Location

 

Allgomera No.2 Bridge & Allgomera Road

Issues

 

Narrow single lane bridge and narrow road

 

Treatment

 

Replace bridge and widen road

Cost

 

Bridge                                                                                                           $188,000

Road widening            700m x $300/m                                           $210,000

Description

 Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7294.JPG

 


 

 

Road

 

Site No.8A & 8B Little Tamban Road, Eungai Creek

Location

 

Adjacent school

Issues

 

The pavement is under strength for increased traffic loads. Steep embankment on high access road.

 

Treatment

 

Strengthen pavement by rip and add road materials and reseal pavement. Install safety railing on high access road.

Cost

 

Pavement                   170m x $300/m                                           $51,000

Safety rail            150m x $50/m                                             $7,500

 

Description

 

 


 

 

Road

 

Site No.8C Main St, Eungai Creek

Location

 

Adjacent school

Issues

 

No footpath or kerb and gutter at school crossing.

Treatment

 

Construct footpath and kerb & gutter at school crossing.

Cost

 

Footpath and kerb & gutter                                                    $6,000

 

Description

 

 


 

 

 

Road

 

Site No.9A Upper Warrell Creek Road

Location

 

East of Lovedays Bridge

Issues

 

Narrow pavement

Treatment

 

Widen pavement and add shoulders

 

Cost

 

Pavement and shoulder widening   400m x $200/m                      $80,000

 

Description

 Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7305.JPG

 


 

 

Road

 

Site No.9B Upper Warrell Creek Road

Location

 

Lovedays Bridge

Issues

 

Requires guard rail on approaches

Treatment

 

Construct guard rail on all approaches

Cost

 

Guard rail                    150m x $440/m                                           $66,000

Description

    Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7306.JPG

 


 

 

Road

 

Site No.9C Upper Warrell Creek Road

Location

 

North of Corella

Issues

 

Road requires widening and strengthening to support increasing traffic loads

Treatment

 

Widen and strengthen road (stabilise or rip and add)

Cost

 

Pavement reconstruction       700m x $200/m                                $140,000

Description

 Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7318.JPG         Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7317.JPG

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Road

 

Site No.9D Upper Warrell Creek Road

Location

 

Peterkins Bridge

Issues

 

Timber bridge requires replacement to support increasing traffic loads

 

Treatment

 

Construct new concrete bridge

Cost

 

Bridge                                                                  $300,000

Description

 Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7322.JPGDescription: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7323.JPG

 

 

Road

 

Site No.10 Macksville Town Centre

 

Location

 

All of Town Centre

 

Issues

 

Refer to Revitalisation plan

 

 

Treatment

 

Traffic calming

 

Cost

 

20% of Total estimated cost                                         $437,600

 

Description

 

 

 

Road

 

Site No.11A Newee Creek Road

Location

Hopewood Crescent to Soldier Settlers Road

Issues

Road is too narrow for proposed development and has no shoulders

Treatment

Widen road and add 1m shoulders

Cost

Pavement and shoulder widening   1,500m x $200/m                    $300,000

Description

       Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7345.JPG                  Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7342.JPG

 

 

Road

 

Site No.12A Irvines Road

Location

Newee Creek Road to No.208

Issues

Road is too narrow for proposed development and has no shoulders

Road width varies from 4.6m to 5.3m

Treatment

Widen road to 6m with 1m shoulders

Cost

Pavement and shoulder widening   2,600m x $300/m                    $780,000

Description

 

 

 

 

 

       Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7355.JPG    Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 30-7-15\IMG_7358.JPG

 

Road

 

Site No.13A Gumma Road

Location

Alongside Nambucca River

Issues

Road edge undefined and has insufficient safety beside river

Treatment

Install guideposts and mark edge line north side of road

Cost

Guide posts and linemarking           1,200m x $30/m                     $36,000

Description

       Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 25-8-15\IMG_7380.JPG             Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 25-8-15\IMG_7383.JPG

 

 

Road

 

Site No.14A Bald Hill Road

Location

No.100 to end of road (No.153)

Issues

Road is too narrow for proposed development and has minimal shoulder.

Road width 3.5m to 4m

Treatment

Widen and reconstruct road to standard

Cost

Pavement widening                400m x $350/m                                $140,000

Description

   Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 25-8-15\IMG_7387.JPG           Description: C:\Users\Jane\Documents\greg\nambucca shire council\nambucca photos 25-8-15\IMG_7388.JPG

 

 

Nambucca Shire Council - Roads Contribution Plan - Works Schedule

Road Name

Location

Location 2

Treatment

 Length (M)

 Rate ($)

 Estimated Cost

 

 

 

 

 

 

 

 

Valla Beach Road

a

hwy to rail bridge

both sides

k&g

              560

              240

               134,400

hwy to rail bridge

Nth side

footpath 1.5m wide

              280

              150

                 42,000

b

No.84 to 106

sth side

roll k&g and shoulder 9m width

              200

              300

                 60,000

c

No.82 to Thompson Road

sth side

footpath, incl handrail, retaining wall

              350

              240

                 84,000

No.82 to Thompson Road

sth side

bus bay

                   1

        10,000

                 10,000

d

Ocean View Drive to No.66

sth side

footpath

                90

              150

                 13,500

 

 

 

 

 

 

 

 

Mann Street

a

Bent St to Palmer St

both sides

k&g and shoulder

              540

              240

               129,600

sth side

guard rail

              150

              440

                 66,000

b

Palmer St to No.78 (high level)

nth side

footpath

              180

              150

                 27,000

c

East of Palmer St both sides

sth side

k&g and shoulder

              210

              240

                 50,400

sth side

guard rail

              150

              440

                66,000

d

east of West St

sth side

construct bus bay

                   1

        10,000

                 10,000

e

east of Hyland Park Road

nth side

widen road, new kerb & footpath

              290

              500

               145,000

f

Roundabout to Hyland Park Road

nth side

footpath

              140

              150

                 21,000

 

 

 

 

 

 

 

 

Old Coast Road

a

north of Mattick Rd

full width

prep & seal

              400

                80

                 32,000

 

 

 

 

 

 

 

                           -  

Wilsons Road

a

No.938 to No.957

both sides

widen to 3.7m lanes

              200

              200

                 40,000

b

H H Mattick Bridge

both sides

guard rail at bridge approaches

              150

              440

                 66,000

c

West of wilsons bridge

creek side

guard rail and shoulder

          1,700

              590

               1,003,000

 

 

 

 

 

 

 

                           -  

Rodeo Drive

a

west of Christine Close

full width

improve alignment & widen

              300

              500

               150,000

b

No.159-174

full width

strengthen pavement

              220

              350

                 77,000

c

South of No. 316

full width

strengthen pavement

              100

              350

                 35,000

d

South of No. 174

full width

strengthen pavement

              100

              350

                 35,000

e

North of No. 411

full width

strengthen pavement

              100

              350

                 35,000

f

South of Wirrimbi Drive

full width

strengthen pavement

              200

              350

                 70,000

 

 

 

 

 

 

 

                           -  

           

Scotts Head Road

a

west of Cookies Lane

full width

strengthen pavement

              500

              350

               175,000

b

west of Landy Drive

full width

strengthen pavement

          1,200

              350

               420,000

c

under hwy bridge

full width

raise above flood level

              200

              350

                 70,000

d

90 degree bend west of hwy

property acquisition and improve bend

              200

          2,000

               400,000

 

 

 

 

 

 

 

                           -  

                

Algomera Road

a

Algomera No.2 Bridge

replace bridge

                   1

        188,000

                 188,000

b

Algomera Road

near bridge

widen and strengthen road

              700

              300

               210,000

 

 

 

 

 

 

 

                           -  

Eungai Creek Road

a

Little Tamban Road

east side

strengthen pavement

              170

              300

                 51,000

b

"

high road

safety railing

              150

                50

                    7,500

c

Main Street

both sides

footpath and k&g at crossing

                   1

          6,000

                    6,000

 

 

 

 

 

 

 

                           -  

Upper Warrell Creek Rd

a

east of Lovedays Bridge

both sides

widen road

              400

              200

                 80,000

b

Lovedays Bridge

both sides

guard rail on approaches

              150

              440

                 66,000

c

nth of Corella Rd

both sides

widen and strengthen road

              700

              200

               140,000

d

Peterkins Bridge

replace

                   1

     300,000

               300,000

 

 

 

 

 

 

 

 

Town Centre

a

Whole Centre

 traffic calming

               437,600

 

 

 

 

 

 

 

                           -  

Newee Creek Road

1

Hopewood Cres to Soldier Settlers Rd

both sides

widen road, add shouder

          1,500

              200

               300,000

 

 

 

 

 

 

 

                           -  

Irvines Road

1

Newee Creek Rd to No. 208

both sides

widen road, add shoulder

          2,600

              300

               780,000

 

 

 

 

 

 

 

                           -  

Gumma Road

a

Alongside Nambucca River

nth side

Install guideposts and mark edge line

          1,200

                30

                 36,000

 

 

 

 

 

 

 

                           -  

Bald Hill Road

a

No.100 to end of road (No.153)

full width

widen and reconstruct road to standard

              400

              350

               140,000

 

 

 

 

 

 

 

                           -  

 sub total

           6,209,000

 contingency 25%

          

1,552,250

Cost of plan

21,380

 Total

7,782,630