NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

12 November 2015

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

Our Vision

Nambucca Valley ~ Living at its best.

 

Our  Mission Statement

 

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

 

Our Values in Delivery

·                Effective leadership

·                Strategic direction

·                Sustainability of infrastructure and assets

·                Community involvement and enhancement through partnerships with Council

·                Enhancement and protection of the environment

·                Maximising business and employment opportunities through promotion of economic development

·                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

·                Actively pursuing resource sharing opportunities

 

Council Meetings:  Overview and Proceedings

 

Council meetings are held on the last Thursday of each month AND on the Thursday two weeks before the Thursday meeting.  Both meetings commence at 5.30 pm.  Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

 

How can a Member of the Public Speak at a Council Meeting?

 

1        Addressing Council with regard to an item on the meeting agenda:

 

Members of the public are welcome to attend meetings and address the Council.  Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.  The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda.  Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item. 

 

2        Public forum address regarding matters not on the meeting agenda:

 

Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda and the subject of the address is disclosed and recorded on the agenda.

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.  You must treat others with respect at all times.

 

Meeting Agenda

 

These are available Council’s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 12 November 2015

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 29 October 2015................................................................................. 6

5        NOTICES OF MOTION  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

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

9.2     Site Inspection - Proposed Health One Facility - 4 Fred Brain Avenue, Nambucca Heads (EJ Biffin Playing Fields)............................................................................................................... 19

9.3     Representations concerning the Stricter Interpretation of the Australian Government's Natural Disaster Relief and Recovery Arrangements - Response from the Hon. David Elliot MP.................. 21

9.4     "Local Government in New South Wales" - Report of NSW Legislative Council General Purpose Standing Committee No. 6.............................................................................................. 26

9.5     Rotary Lookout Nambucca Heads - concept improvements.............................................. 31

9.6     Minutes of the Nambucca River, Creeks, Estuaries and Coastline Managment Committee Meeting held 17 September 2015......................................................................................................... 44

9.7     Environmental Levy - Status Report................................................................................. 48

9.8     Planning Proposal LEP Amendment No. 14 Schedule 1 Seniors Living Development 24 Coronation Drive  ............................................................................................................................ 55

9.9     Dawkins Park - Macksville............................................................................................... 94

9.10   Adoption of the Score on Doors Program  - Hygiene and Food Safety........................... 110

9.11   Living Coast Festival .................................................................................................... 113

9.12   Outstanding DAs greater than 12 months OR where submissions received - 21 October - 3 November 2015............................................................................................................................. 115

9.13   Outstanding DA greater than 12 months OR where submissions received - 16 September - 20 October 2015............................................................................................................................. 118

9.14   2015 October - Development Applications Received and Complying Development Applications Received ..................................................................................................................... 122

9.15   2015 October - Construction Certificates and Complying Development Certificates Approved     125

9.16   Council Ranger's Report October 2015........................................................................... 128

9.17   Valla Urban Growth Area - Development Control Plan for future Service Centre, 5 Boggy Creek Road, Valla............................................................................................................................ 132

9.18   Defence of claim by Community Housing Ltd................................................................. 147

10      Assistant General Manager Corporate Services Report

10.1   Consultation on Local Government Reform.................................................................... 158

10.2   IPART Assessment Of Fit For The Future Proposals....................................................... 175

10.3   Developer Contributions Plan Review: Local Roads and Traffic Infrastructure 2015 - Public Exhibition Period Approval........................................................................................................... 181

10.4   Argents Hill Hall Committee of Management - Minutes of Annual General Meeting - 7 September 2015.................................................................................................................................... 260

10.5   South Arm Hall Committee of Management - Minutes of Annual General Meeting - 6 September 2015.................................................................................................................................... 264

10.6   Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting - 15 September 2015....................................................................................................... 266

10.7   Gordon Park Rainforest Committee of Management - Annual General Meeting - 10 September 2015 - Minutes........................................................................................................................ 274

10.8   Warrell Creek Hall Committee of Management AGM - 2 September 2015 - Minutes........... 281

10.9   Taylors Arm Hall Committee of Management - Minutes of Annual General Meeting - 11 December 2013.................................................................................................................................... 288

10.10  Schedule of Council Public Meetings............................................................................. 293

10.11  Investment Report to 31 October 2015........................................................................... 294

11      Assistant General Manager Engineering Services Report

11.1   Bowraville Sewage Treatment Plant - Recycled Water Scheme Options Investigation Report 299

11.2   Application for Temporary Road Closure - High Street Bowraville for Bowraville Childrens Christmas Party 2015.................................................................................................................... 350

11.3   Waste Management Quarterly Report July - September 2015........................................... 359

11.4   Plan of Management for the Unofficial Rest Area on Link Road Nambucca Heads known as Duffo's Rest............................................................................................................................. 364    

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

12.1   Outstanding Water Account

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

 

12.2   Valla Quarry - Production Limits and Road Maintenance Contributions

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 29 October 2015

The following document is the minutes of the Ordinary Council meeting held 29 October 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 12 November 2015 and therefore subject to change.  Please refer to the minutes of 12 November 2015 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth (Deputy Mayor)

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

 

APOLOGIES

 

Cr Anne Smyth

Scott Norman (AGM Corporate Services)

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 October 2015

 

1088/15 RESOLVED:       (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 15 October 2015 be confirmed.


 

 

Notices of Rescission

 

ITEM 6.1      SF794                291015      Notice of Rescission - Gumma Shooting Range (LF780)

1089/15 RESOLVED:       (Ainsworth/South)

 

That Council rescind the second resolution of Item 9.9 Gumma Shooting Range, namely: That Council receive a report on other contaminated shooting sites and whether or not they should be listed on Council’s record of contaminated sites.

 

NOTE: Cr Flack requested that her vote be recorded against the motion as she is in favour of a report to ascertain whether or not such sites should be listed on Council’s record of contaminated sites.


 

 

PUBLIC FORUM AND DELEGATIONS

 

RESOLVED:

 

That the following public forums and delegations be heard:

 

i)        Mr David Hall – President, Committee of Management

                   Mr Hall provided a welcome to Eungai.

 

ii)       Mr Lawrence Taylor - Condition of Main Street

                   Mr Lawrence was concerned about the condition of Main Street.  It is OK near the shop but not otherwise.  He was also concerned about the intersection at Tamban Road with trucks using the wrong side of the intersection. Mr Lawrence tabled a petition.

 

iii)      Mr David Hall – On behalf of the School -Condition of Main Street

                   Tamban Road and Main Street in poor condition – mishmash of surfaces and grass growing on road.  State of road reflects poorly on the local community.

 

iv)      Mr Col Thurgood - Speed Humps and town water in the future

                   Traffic Speed on Station Street Eungai Rail, is excessive—suggested speed humps to slow traffic particularly in vicinity of the shop, no footpaths so children are often on the road.

 

v)       Mrs Sandra McIlwain - Drainage/road condition/Eungai Rail

                   Lives opposite the Shop, is concerned with drain in street, water comes through her property (photos were shown to Council).  She is concerned about the maintenance of the drain at the rear of her property, she is no longer able to maintain this herself.

 

vi)      Mrs Elizabeth Whitley - Requesting Lane at back of Station Street to be made one way

                   The lane behind her house is very narrow, two vehicles cannot pass.  Can Council make the lane a one way street?  More traffic is now using the lane, her house is on Station Street.

 

vii)     Mr Peter Thurgood – Condition of South Bank Road

                   Asked if any remedial work will be done on Southbank Road/Main Road once the Highway is completed. Requires bitumen and is a very narrow road.

 

viii)     Mr Erik Von Forell - Planning Laws limiting subdivision

                   Question regarding zoning.  Living on South Bank Road for twelve years, 2.5 km outside of Eungai.  Ten properties ranging from sever to 10 hectares—2 lots at 21 and 19 hectares which are inconsistent with other lots.  Subdivision required and is 40 hectares.  Can zoning be changed to reflect surrounding subdivision pattern?

 

DELEGATIONS

 

10.5.. Proposed Serviced Apartment Building

i)                 i)        Mr Scott Riley (Applicant) – Available for questions

 

10.6   Proposed Outdoor Target Shooting Range

i)                 i)        Mr Jeff Unwin—Objector

ii)                 ii)       Ms Lyn Mackay —Objector

iii)                iii)      Mr Elwin Locke--Applicant

iv)                iv)      Mr Dallas Dent—Applicant

 

10.4   Geotechnical Investigation - 2 Nelson Street, Nambucca Heads

i)                 i)        Mrs Kellie Leckie—Applicant

 

10.10  New Draft Policy - Local Orders Policy

i)                 i)        Ms Diane Glennon

 

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

i)                 i)        Mr Joe Saliba (Applicant) – Available for questions


 

 

ITEM 10.5    DA2015/115        291015      Proposed Serviced Apartment Building

1090/15 RESOLVED:       (Ainsworth/Finlayson)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/115 for serviced apartments at Lot 2 DP 1063716 - Back Street, Nambucca Heads, subject to the schedule of conditions outlined in attachment 4 of this report.

 

For the motion:               Councillors Hoban, Morrison, Ballangarry, Flack, Finlayson, Ainsworth,

                                      MacDonald and South              (Total 8)

Against the motion:         Nil


 

 

MOTION:      (Flack/Ballangarry)

 

That Ms Lyn MacKay be granted an extension of time in which to address Council.

The motion was LOST.

 

 

 

ITEM 10.6    DA2015/103        291015      Proposed Outdoor Target Shooting Range

MOTION:      (Ainsworth/Finlayson)

 

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

 

Amendment:       (Flack/Ballangarry)

 

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

 

1           That the testing of the water in the sediment ponds occur annually before the wet season for the first five (5) years with an appropriate frequency to be determined after that.

2           The provision of a site management plan with an additional point to require monitoring of the range cover (who and how often).

 

For the motion:               Councillors Ballangarry, Flack, South and MacDonald      (Total 4)

Against the motion:         Councillors Hoban, Morrison, Finlayson, Ainsworth,          (Total 4)

The Mayor exercised her casting vote.

 

The amendment was LOST.

 

1091/15 Resolved:       (Ainsworth/Finlayson)

 

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

 

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

·         The frequency of swale drain maintenance and the person(s) responsible.

·         The person(s) responsible for covering the entrapment bays when not in use and when they are to be covered.

·         Methods of recovering bullets from the lead catchment bays including frequency, persons responsible and personal protective equipment required.

·         Persons responsible for recovering spent bullets from the range surface after each operating day.

·         Maintenance of eyesight baffles.

·         Records of the above actions being undertaken

·         Arrangements for monitoring of the range cover.

 

For the motion:      Councillors Hoban, Morrison, Finlayson, Ainsworth, MacDonald and South   (Total 6)

Against the motion: Councillors Ballangarry and Flack      (Total 2)

 

NOTE: Cr Ballangarry requested his vote be recorded against this motion as the Local Aboriginal Land Council did not provide a response to Council and also, he has concerns regarding the impact on the local flora and fauna.

 


 

 

The meeting adjourned for five minutes at 7.40 pm.

 

 

PUBLIC FORUM continued

 

ix)      Ms Janelle Bonnefin

Addressed Council in regard to the dangerous condition of the intersection of South Bank Road and Kesbys Road.


 

 

DELEGATIONS continued

 

ITEM 10.4    LF4225               291015      Geotechnical Investigation - 2 Nelson Street, Nambucca Heads

1092/15 RESOLVED:       (Ainsworth/South)

 

That Council write to Coffey Geotechnics seeking clarification regarding the differences between their two reports regarding the geotechnical investigations near 2 Nelson Street.


 

 

DELEGATIONS continued

 

ITEM 10.10   SF1031              291015      New Draft Policy - Local Orders Policy

1093/15 RESOLVED:       (Flack/Ballangarry)

 

1           That Council adopt the Local Orders Policy as amended.

 

2           That those people who made submissions to the draft policy be advised of Council’s decision.

 

3        That Council take action regarding the unapproved shipping container at 21 George Street, Bowraville

 

1094/15 Resolved:       (MacDonald/Ainsworth)

 

That the General Manager follow up the question of the appropriate number of companion animals at 21 George Street, Bowraville, and the requirement for a development application for the shipping container.


 

 

DELEGATIONS continued

 

ITEM 10.12   DA2012/011        291015      Proposed 330 Lot Residential Subdivision, Bellwood - Request to Offset Cost of Constructing the Link Road Against Council Contributions

MOTION:      (Finlayson/Ainsworth)

 

That the construction of the link road be accepted in lieu of contributions for the first twenty five (25) lots and this provision remain available for four (4) years and the matter be reviewed if the area the subject of the development application is disposed of.

 

Amendment:       (Flack/Ballangarry)

 

That this item be deferred until a further report is provided to Council that spells out the costs and benefits of the proposal.

 

For the Motion:      Councillors Flack and Ballangarry       (Total 2)

Against the Motion: Councillors Hoban, Morrison, Finlayson, Ainsworth, MacDonald and South (Total 6)

 

The motion was put and it was:

 

1095/15 RESOLVED:       (Finlayson/Ainsworth)

 

That the construction of the link road be accepted in lieu of contributions for the first twenty five (25) lots and this provision remain available for four (4) years and the matter be reviewed if the area the subject of the development application is disposed of.

 

For the Motion:      Councillors Morrison, Hoban, South, MacDonald, Ainsworth and Finlayson (Total 6)

Against the Motion: Councillors Ballangarry and Flack      (Total 2)


 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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


 

 

ITEM 12.1    SF565                291015      Application for Temporary Road Closures - Macksville Gift Procession on 14 November 2015

1096/15 RESOLVED:       (MacDonald/Ainsworth)

 

1        That Council approve a request from Macksville Gift Procession Committee of Management  to conduct Macksville Gift Procession, noting the following has been received:

 

·      Certificate of Currency for Public Liability Insurance;

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site;

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

·      Road Occupancy Licence for the Pacific Highway closure.

 

2        That Council endorse road closures for the Macksville Gift Procession to be held between 11.30am and 11.50am on 14 November 2015 as follows:

 

·      Wallace Street - Station Street to Cooper Street

·      Matilda Street - Station Street to Wallace Street and

·    Cooper Street - Wallace Street to Boundary Street.


 

 

1097/15 Resolved:       (Finlayson/Ainsworth)

 

That in view of the late hour any outstanding matters be deferred to the next Council meeting on Thursday 12 November 2015.


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.36 pm. 

 

Confirmed and signed by the Mayor on 12 November 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

          


Ordinary Council Meeting                                                                                            12 November 2015

General Manager

ITEM 9.1      SF959              121115         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

 

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions. Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting. Please note that the status comments have been made one week before the Council meeting.

 

 

Recommendation:

 

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

 

 

 

 

 

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

 

MARCH 2011

1

DA2010/234

17/3/11

Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan

 

GM

Estuary Committee met on 30 October and have recommended the appointment of WMA Water to undertake the Floodplain Risk Management Plan.

At Council’s meeting on 13 November it was resolved that WMA Water to appointed to prepare the Flood Risk Management Plan.

The inception meeting will be held on 5 February 2015 to commence the process.

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

 

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

 

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

 

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

 

JULY 2011

2

SF1031

21/7/11

That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy

 

GM

Update as at 16 April - the project is awaiting the completion of the floodplain risk management matrix which will formally consider the acceptance or otherwise of a forecast climate change induced sea level rise of 900mm by 2100.

 


 

AUGUST 2013

3

SF1031

14/08/13

That the tree policy be again presented after Councillors have had sufficient time to comment on the amendments presented by Councillors and in view of the previous motion of Council, namely “Tree Removal” (SF629) containing the 6D principles.

 

 

AGMES

Report in September 2013.

 

Deferred to October 2013.

 

At the request of Cr Morrison this item has been deferred to the first meeting in November 2013.

 

Cr Morrison has provided information to the Manager Civil Works who will draft a report to the December Council meeting.

 

Staff on leave during December – deferred until February 2014.

 

Deferred until April – Staff dealing with landslips.

 

Deferred until May 2014

 

Deferred until June 2014

 

Deferred until September 2014 and a report will be prepared on the outcome of the meeting.

 

Policy has been redrafted and a new operations procedures manual developed. A memo with the updated policy and procedures will be provided to Councillors for comment at the end of December

 

Deferred with staff on leave - Guidelines and tree assessment form developed and now being trialled for tree assessment with the Policy and guideline review to be presented to Council for comment after trial – anticipate April.

 

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

 

Provided to Councillors on 29 October for comment.

 

Not provided to Councillors on 29 October - now propose to provide to Councillors mid December 2015 for comment.

NOVEMBER 2013

4

SF642

28/11/13

That Council review both the Pesticides Use Notification Policy and Noxious Weed Policy.

AGMES

Report to April 2014 meeting and will include the State change to Noxious Weeds Act.

 

Deferred until September – pending outcome of the Noxious weeds review following the Minister of Primary Industries request that the Natural Resources Commission (NRC) conduct a review into the effectiveness and efficiency of weed management in New South Wales.

 

Report deferred to second meeting in November 2014 pending a meeting with Noxious Weeds Inspector and DPI regarding any changes to the Act.

 

Deferred with staff on leave. Memo to Councillors now set for end February with other policy review, will be provided to Councillors for comment in accordance with adopted procedure.

 

Now deferred to April 2015.

 

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

 

Provided to Councillors on 29 October for comment.

 

Not provided to Councillors on 29 October - now propose to provide to Councillors mid December 2015 for comment.

DECEMBER 2013

5

SF1842

11/12/13

That if Council and IPART support a rate increase above rate pegging, Council provide a quarterly report either through a media release or its rates newsletter to confirm to ratepayers that the additional funds are being spent on roads and bridges as indicated in our community consultation.

 

GM

The first quarterly report would be the rates newsletter to be distributed with the 2014/2015 rates notice.

Report produced.

Media release issued before 13 November Council meeting.

 

Second media release issued 20 May 2015.

 

Third media release planned for an update as of 30 June 2015.

AUGUST 2014

6

SF595

28/08/14

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

 

GM

March 2015

Strategic planner seeking funding to engage a consultant to look at the entire system as part of the estuaries committee because of the nature of the creek system and its integration to the river PoM deferred pending funding.

 

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

 

SEPTEMBER 2014

7

SF399

26/09/14

Pending the outcome of the Fit for the Future reform process Council consider reducing the no. of Councillors from 9 to 7 via a referendum.

 

GM

Deferred to late 2015 (next LG general election scheduled for September 2016).

OCTOBER 2014

8

SF952

16/10/14

Unofficial rest area on Link Road – that a management plan for the future improvement of the site be prepared by Council and the Lions Club who have agreed to maintain the site after the management plan has been placed on public exhibition.

 

AGMES

Report March 2015.

Meeting scheduled with Lions Executive in early March to draft a PoM and provide to Council for comment in April/May.

Meeting with Lions Club on 4 March 2015.

Current projects and staff resources (doing budgets, Fit for the Future and asset revaluation) proposed to work on first draft and present the document to Council and Lions for comment.

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

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

Meeting held on site with Lions Friday 2 October 2015.

 

Deferred to 12 November 2015 as collation of returns currently being undertaken.

 

DECEMBER 2014

9

SF929

11/12/14

Council seek expressions of interest from BSC and CHCC on an alliance to operate a regional focussed Visitor Information Centre (VIC) from the proposed highway service centre.

 

GM

Letters sent 18/12/2014

Response received from Bellingen Shire Council on 2 March 2015.  As at 31/3/15 no response from CHCC.

To be reported in June 2015.

 

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

MARCH 2015

10

SF841

12/03/15

Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that the bridges and major culvert structures which are located on the existing Pacific Highway through the Nambucca Valley should remain State assets and not be handed over to Council.

 

GM

Letter written w/e 20/3/2015.

 

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

 

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

APRIL 2015

11

SF959

30/04/15

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

 

GM

Letter sent 6/05/2015.

 

Follow up letter sent 30 June 2015.

 

Following the letter from the Minister for Primary Industries the GM has telephoned Fisheries staff in Coffs Harbour seeking their attendance at a Council meeting.  The Fisheries staff member requested that they be provided with a list of the questions to be asked.  The GM has now written to the Fisheries office with a list of questions.  Letter sent 3 September 2015.

JUNE 2015

12

SF639

11/06/15

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

 

GM

Report August 2015

 

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

 

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

Report in November 2015.

13

SF2049

25/06/15

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

 

GM

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

AUGUST 2015

14

PRF72

13/08/15

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

 

GM

Report in February 2016

15

SF674

13/08/15

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

 

AGMES

Letter to be drafted to appropriate Minister.

 

Letter sent week ending 30 September 2015.

16

SF1031

27/08/15

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

 

AGMES

Report in October 2015.

Report to be presented to Council on 29 October 2015.

 

Deferred to 26 November 2015.-

No meaningful report can be provided until advice from the DPI Water.  Two letters have been forwarded. No response received to date.

 

SEPTEMBER 2015

17

SF2116

10/09/15

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

 

AGMCS

Report in November 2015.

18

SF959

24/09/15

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

GM

Letter sent 22/10/2015

19

Q17/2015

24/09/15

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

 

AGMES

Council briefing planned for February 2016

 

Consultants engaged. RMS reviewing data supply.

OCTOBER 2014

20

SF42

15/10/15

Council make a submission to the OLG in relation to the JO Emerging Directions Paper outlining concerns identified at Council’s workshop.

 

AGMCS

Submission sent 16 October 2015

21

SF2052

15/10/15

There be a further report to Council on the funding of the Mosaic project at the NH’s Post Office corner once the grant applications have been determined.

 

GM

Determination of grant application anticipated early 2016

22

SF2071

15/10/15

In relation to the 2015 World Rally, that Council receive a further report from the AGMES regarding the damage to roads and roadside furniture; the compensation offered, and also the insurance status of the cars.

 

AGMES

Report November 2015

23

SF95

15/10/15

Following the 6 month trial period of nose-to-kerb parking arrangements in River Street adjacent to the river bank, that Council receive a further report on the outcome of the trial period.

 

AGMES

Report late 2016

24

LF780

15/10/15

Gumma shooting range – issue of a direction to take clean-up action in accordance with S91 of the POEO Act.

 

GM

Report on progress in December 2015

25

LF4225

29/10/15

Council write to Coffey Geotechnics seeking clarification regarding the differences between their 2 reports regarding the geotechnical investigations near 2 Nelson Street.

 

GM

Letter sent 4 November 2015

26

SF1031

29/10/15

That Council take action regarding the unapproved shipping container at 21 George Street, Bowraville.

 

GM

Notice of Intention to Serve an Order has been issued (was issued prior to the Council meeting on 29/1015).

27

SF1031

29/10/15

That the General Manager follow up the question of the appropriate number of companion animals at 21 George Street, Bowraville, and the requirement for a DA for the shipping container.

 

GM

Inspection being arranged.  Report to Council in late November/early December.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            12 November 2015

General Manager

ITEM 9.2      PRF16              121115         Site Inspection - Proposed Health One Facility - 4 Fred Brain Avenue, Nambucca Heads (EJ Biffin Playing Fields)

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

At its meeting on 24 September 2015 Council resolved to undertake a site inspection in relation to the proposed classification of the land and the planned expenditure of the proceeds from the sale of the land for the Health One facility.

 

 

Recommendation:

 

That, as a result of a site inspection on 29 October 2015, Council notes the proposed classification of the land and the planned expenditure of the proceeds from the sale of the land for the Health One facility.

 

 

OPTIONS:

 

There are no options as it was a Council resolution to undertake a site inspection of the planned Health One facility.

 

 

DISCUSSION:

 

As per Council’s report on 24 September 2015.

 

The Committee of Management has advised that the proceeds from the sale of the land will be used for the following:

 

1              The eaves on the whole building need to be replaced

2              The drain near discuss case needs to be fixed eg dug out and fenced

3              Fencing the building due to excessive damage

4              Security cameras

5              Replace ceiling in one of the storage rooms

6              Build roller door into storage room to house ride-on mower

7              New line marker.

 

 

CONSULTATION:

 

There were no additional consultations held.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There is no impact on the environment.

 

Social

There is no social impact.

 

Economic

There is no economic impact.

 


Risk

There are no risks involved.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budget implications as a result of this site inspection.

 

Source of fund and any variance to working funds

 

There are no variances to working funds as a result of this site inspection.

 

Service level changes and resourcing/staff implications

 

There are no changes to resourcing/staff implications as a result of this site inspection.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            12 November 2015

General Manager's Report

ITEM 9.3      SF657              121115         Representations concerning the Stricter Interpretation of the Australian Government's Natural Disaster Relief and Recovery Arrangements - Response from the Hon. David Elliot MP

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That the information concerning the outcome of representations made by Council in relation to the stricter interpretation of the Australian Government’s Natural Disaster Relief and Recovery Arrangements be received.

 

 

OPTIONS:

 

Other than make further representations, there are no identified alternative options.

 

 

DISCUSSION:

 

Following representations made by the Mayor and General Manager to the Member for Oxley, the Member for Oxley has now forwarded a response from the Hon. David Elliot, Minister for Emergency Services.

 

A copy of the Minister’s response is attached.

 

Whilst the response is self-explanatory it is disappointing that there seems to be no awareness or interest in consulting with local government in relation to the NDRRA arrangements.  Local government is the recipient of a large proportion of NDRRA funding and it might be expected that local government would be consulted in the reform proposals, even if they are complex.  But Councils are to be advised of the outcome of the matter “in due course”.

 

 

CONSULTATION:

 

There has been consultation with the Member for Oxley.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

The social implications of the changes to the NDRRA funding program have been previously reported on.  There is every likelihood the changes will adversely affect the time it takes Council to undertake road and bridge repairs arising out of declared natural disasters.  This will affect the access that affected community members have to their homes and livelihoods.

 


Economic

 

A slower response to repairing damage to Council’s roads and bridges arising out of declared natural disasters will have a negative impact on the local economy.

 

Risk

 

 

There is a significant risk that the delays in obtaining approvals and procuring contractors to undertake repairs will result on pressure being applied to Council to fund repairs outside the NDRRA arrangements.

 

There is a significant risk to Council’s reputation in not attending to NDRRA repairs in a timely manner, notwithstanding that the delays are not the fault of Council.  There is likely to be limited understanding in the community of the funding arrangements with most assuming that as Council is the responsible roads authority it is accountable for any delays in repairing roads and bridges.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage the budgetary implications are unknown.

 

Source of fund and any variance to working funds

 

At this stage the impact on working funds is unknown.  Council will have a better understanding of the impacts following the next declared Natural Disaster.

 

Service level changes and resourcing/staff implications

 

At this stage there are no service level implications.  Again, the implications for service levels and resources will be clearer following the next declared Natural Disaster.

 

 

Attachments:

1

32879/2015 - Response regarding Natural Disaster Relief and Recovery Arrangements (NDRRA)

 

  


Ordinary Council Meeting - 12 November 2015

Representations concerning the Stricter Interpretation of the Australian Government's Natural Disaster Relief and Recovery Arrangements - Response from the Hon. David Elliot MP

 




Ordinary Council Meeting                                                                                            12 November 2015

General Manager's Report

ITEM 9.4      SF2025            121115         "Local Government in New South Wales" - Report of NSW Legislative Council General Purpose Standing Committee No. 6

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The NSW Legislative Council General Purpose Standing Committee No. 6 has released its report on Local Government in New South Wales.  In general terms it does not endorse forced amalgamations except in certain limited circumstances.

 

 

 

Recommendation:

 

That the information concerning the report issued by the NSW Legislative Council General Purpose Standing Committee No. 6 into Local Government in New South Wales be received.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

 

DISCUSSION:

 

The Hon. Paul Green MLC Committee Chair of the General Purpose Standing Committee No. 6 has now released the report titled, “Local Government in New South Wales”.  The report was tabled in the Legislative Council on 29 October 2015.  The report which runs to 250 pages has not been attached to this report but for those interested can be viewed on the website www.parliament.nsw.gov.au/localgovernment along with submissions, transcripts of evidence and other documents associated with the inquiry.

 

The Mayor and General Manager addressed the Inquiry when in sat in Armidale on Tuesday 18 August 2015.

 

The Inquiry had very broad terms of reference to investigate the Government’s Fit for the Future reform agenda including the financial sustainability of the sector; the performance criteria used to assess the sector; the scale of local councils; the role of IPART in reviewing the future of local government in NSW; the costs and benefits of amalgamations; evidence of the impacts of forced mergers and any other matter.

 

Of course the amalgamation of local councils was a core issue raised throughout the inquiry.

 

In relation to the costs and benefits of amalgamations the Inquiry observed as follows:

 

“The committee notes there are mixed views about the costs and benefits of amalgamations of local councils.  While many stakeholders opposed “forced” amalgamations, some inquiry participants took a firm position of support for amalgamations.

 

According to those who support amalgamations, one of the key benefits is the potential for increased strategic capacity.  Other benefits suggested by inquiry participants included streamlined administrative processes, reduced operating expenses, improved service delivery and simpler planning systems.

 

On the other hand, those who opposed amalgamations suggested that the costs of mergers included high transitional costs related to the integration of systems, staff, premises and governance structures, disruption to service provision, and potential losses in staff expertise and experience.  The impact on a council’s budget position may also be a concern, especially if the residents of once council are expected to take on the debt and infrastructure backlog of a neighbouring council through a merger.

 

The potential costs for rural and regional communities, particularly small rural townships that would no longer be a business centre of a local council, were raised by some inquiry participants.  The committee heard that these smaller centres can suffer the most from council amalgamations….

 

In regard to the impact of amalgamations on rates, the evidence was mixed.  Some stakeholders suggested that rates would decrease as a result of mergers, while others said they would increase.  The committee notes that there are likely to be some winners and some losers following any amalgamation as disparate rating systems are aligned.

 

Although questions were raised about the rigour and robustness of empirical research on the impacts of amalgamations, much of the available evidence appears not to support claims of cost savings and efficiency.  The committee finds that the projected economic benefits of council amalgamations have been consistently overstated by the proponents of forced amalgamations and the costs and extensive diseconomies of scale caused by amalgamations have not been adequately explained by those same proponents.

 

Given the numerous concerns raised by stakeholders about the costs of amalgamations the committee is of the view that the case for amalgamations, and in particular, forced amalgamations, has not been made.  The apparent lack of empirical evidence to demonstrate the benefits of amalgamations lends further weight to these concerns.  The committee therefore calls on the NSW Government to commit to a policy of no forced amalgamations of local councils.  The only exception to this policy should be in the circumstances where it can be established that a council is severely financially unsustainable to the point of bankruptcy or unable to maintain an acceptable level of service provision.

 

The Committee examined a number of cooperative models for local government in New South Wales, including Regional Organisations of Councils (ROCs), the Joint Organisations Pilot Program and the Joint Regional Authority Model.

 

“The committee notes the promising signs shown by the Joint Organisation Pilot Program operating in five regional areas and recommends that the Joint Organisations model be offered to all councils in New South Wales.

 

The committee is also impressed by the presentation of the joint regional authority model from the Hunters Hill, Ryde and Lane Cove Councils and sees very real merit in this style of joint organisation being given statutory support in preference to forced amalgamations.”

 

The Inquiry report lists 17 recommendations as follows:

 

Recommendation 1

That the Premier and NSW Government withdraw the statements that 71 per cent of councils in metropolitan Sydney and 56 per cent of regional councils are “unfit”.

 

Recommendation 2

That the NSW Government provide all local councils in NSW access to the proposed Fit for the Future incentives, regardless of the Independent Pricing and Regulatory Tribunal’s assessment of whether a council is “fit” or “unfit”.

 

Recommendation 3

That, as part of its planned review of the rating system, the NSW Government evaluate the option of the removal of rate pegging and allow councils to determine their own rates conditional on the delivery of a local works plan outlining the expenditure associated with any proposed rate increases and demonstrated community support.

 

Recommendation 4

That the Minister for Local Government work cooperatively with the NSW local government sector to petition the Australian Government to reverse its decision to freeze the indexation of Financial Assistance Grants.

 

Recommendation 5

That the Minister for Local Government work cooperatively with the local government sector to petition the Australian Government to seek to redistribute Financial Assistance Grants in order to direct additional funding to councils with the greatest needs, provided councils with the capacity to raise additional local revenue are able to do so.

 

Recommendation 6

That the NSW Government eschews future cost shifting and commits to providing adequate funding to local government for any new services, assets or regulatory functions that it devolves to local councils.

 

Recommendation 7

That the NSW Government ensure that those water utilities that are currently operated by local councils remain under the control of those councils.

 

Recommendation 8

That the Office of Local Government, in consultation with the Audit Office of New South Wales and local government representatives, develop guidelines to ensure greater consistency across councils in the treatment of assets, including:

 

·      A depreciation methodology that more closely correlates with the actual condition of deterioration and considers the councils’ priorities for the condition of the infrastructure

·      Quantifying the useful life of an asset

·      Determining the realistic residual values of assets

·      The componentisation of assets

 

Recommendation 9

That the NSW Government implement the Independent Local Government Review Panel’s recommendations to strengthen the independence of the Boundaries Commission and ensure a robust and consultative process is in place to consider council amalgamation proposals before any further steps are taken by the government in relation to council amalgamations.

 

Recommendation 10

That the NSW Government implement a program to assist and support senior staff affected by amalgamations, particularly those staff in regional areas who may need to relocate if their position is lost through an amalgamation.

 

Recommendation 11

That the NSW Government commit to a policy of no forced amalgamations of local councils, except in circumstances where it can be established that a council is severely financially unsustainable to the point of bankruptcy or unable to maintain an acceptable level of service provision.

 

Recommendation 12

That the NSW Government consider amending the Local Government Act 1993 to allow for a period of transition between a decision to merge councils and the creation of a new council, to ensure effective planning, consultation, implementation and ongoing service delivery to communities.

 

Recommendation 13

That the Minister for Local Government encourage local councils with council elected mayors to initiate a referendum on whether the mayor should be popularly elected or elected by councillors.

 

Recommendation 14

That the NSW Government seek to amend the Local Government Act to increase to two years the period a mayor elected by the councillors is to hold office.

 

Recommendation 15

That the NSW Government consider amending the electoral legislation to introduce a donation and spending caps for candidates at local government elections.

 

Recommendation 16

That the NSW Government make Joint Organisations available to all councils in New South Wales.

 

Recommendation 17

That the NSW Government work with local government on a statutory model for Joint Organisations based on the Hunters Hill, Ryde and Lane Cove Council model as a cooperative and consensus model for local council reform in Metropolitan Sydney.

 

The report provides a brief history of local government in New South Wales which is instructive as to the implications of changes in technology and transport to communication and productivity and the ultimately the number of councils in NSW.

 

It was not until the Municipalities Act of 1858 that councils became widely instituted across the state, with 327 local councils being established.

 

Throughout the 20th century there were numerous council amalgamations.  In 1974 the Barnett Inquiry recommended a significant reduction in the number of councils, proposing to merge the then 223 councils into 97 districts.  Whilst the Government of the day did not accept the recommendations, in 1980 the Barnett recommendations were the catalyst for the amalgamation of 38 councils into 17 councils.  The author of this report commenced his career in local government working for the then newly created Hawkesbury Council which was created as a consequence of the forced merger in 1980 of Windsor Municipal Council and Colo Shire Council.  At the end of the 1980 mergers there were 172 councils.

 

A further round of amalgamations occurred in 2003-2004 which brought the number of councils to its present total of 152.

 

The report notes the significant variation between local councils, in terms of population, geographic size, number of staff and services provided, as well as the significant differences between metropolitan, regional and rural councils.

 

For example the average number of residents per council is approximately 49,000.  However, the population of council areas range from 1,157 for Urana Shire Council to 325,000 for Blacktown City Council.

 

Geographic sizes of councils also vary considerably.  The smallest council is Hunters Hill Council being 5.8 square kilometres whilst the largest is Central Darling Shire council with 53,510 square kilometres.  The total length of roads in council areas ranges from 65 km for Hunters Hill to 3,981 km for Lachlan Shire Council.

 

Similarly there are vast differences between councils in terms of the ratio of citizens per councillor.  Urana Shire Council has one councillor per 129 citizens, while for Blacktown City Council the ratio is 1 to 21,679.

 

Each council has between 6 and 15 councillors, for a total of 1,480 local councillors across New South Wales.  The number of staff employed by each council ranges from 31 staff at Urana Shire Council to 1,773 at the City of Sydney Council.  Altogether, councils employ over 44,000 staff across the state.

 

The report also includes some interesting evidence on the variability in councils’ financial sustainability.

 

A number of smaller rural councils receive little income from residential rates  For example Brewarrina Shire Council, Jerilderie Shire Council and Urana Shire Council all had residential rating income of less than $100,000 in 2013-14.  The rates residents pay also vary significantly.  In 2013-14, Bogan Shire Council, Brewarrina Shire Council and Urana Shire Council each had average residential rates of less than $200.  The councils with the highest rates were Hunters Hill Council and Pittwater Council, which charged rates of more than $1,400 on average.

 

The Mayor of Bourke Shire Council informed the Committee that his ratepayers are already paying as much as they can pay and that the council is probably owed $1m in unpaid rates.  He further explained that due to the lower property values in rural areas people are more likely to let the council reclaim the land for unpaid rates they pay what is owing to the Council.

 

On the basis of the report from the General Purpose Standing Committee No. 6 it is apparent that the NSW Government will not have the numbers in the NSW Upper House to achieve forced Council amalgamations via special legislation.  This means the Government will more likely rely on the existing legislative provisions in the NSW Local Government Act 1993.

 

Section 263 of the Local Government Act provides that the Boundaries Commission is required to examine and report on any matter with respect to the boundaries of areas which may be referred to it by the Minister.  The legislation provides that the Boundaries Commission must hold an inquiry in relation to a proposal for the amalgamation of two or more areas following which the Minister can recommend to the Governor an amalgamation or change of boundaries.  The Minister’s recommendation to the Governor does not have to be in accordance with the findings of the Boundaries Commission.

 

 

CONSULTATION:

 

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

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The report is for information.  There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The report is for information.  There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            12 November 2015

General Manager

ITEM 9.5      PRF30              121115         Rotary Lookout Nambucca Heads - concept improvements

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

This report provides Council with an opportunity to comment on a concept landscape design for the Rotary Lookout at Parkes Street, Nambucca Heads and seeks Council’s support to implement the improvements.

 

 

Recommendation:

 

1        That Council endorse the draft concept for staged implementation as funding becomes available.

 

2        That Council note that the Crown does not permit the transfer of $30,000 Crown Reserve grant funds from the pedestrian bridge to the Rotary Lookout improvements.

 

3        That Council note the contribution of $3,500 cash and $3,500 in-kind support being offered by Rotary towards the project.

 

 

OPTIONS:

 

·           Council may request changes to the draft concept

·           Council may suggest alternative ways to fund the project

 

 

DISCUSSION:

 

Existing Lookout

 

Images of the existing Rotary Lookout are shown below:

 

 

 

Landscape Plan preparation

 

Early in 2015 Council received a request from Nambucca Heads Rotary to permit some improvements to the Rotary Lookout at Parkes Street, Nambucca Heads. Council’s Assistant General Manager Engineering Services organised for Rotary to Meet with Council’s Manager of Infrastructure Works, Coordinator Green Spaces and Council Strategic Planner to discuss the matter.

 

At the on site meeting it was agreed that prior to implementing works a plan was required to give direction to the works and the function of space surrounding the lookout.

 

Staff engaged Red Belly Landscape Architecture and Urban Design to prepare a draft plan for the area. After further discussions and a meeting with Rotary the first draft of the plan was forwarded to Rotary Nambucca for comments. Based on feedback from staff and Rotary a second draft has now been prepared and is attached for Council’s consideration [Attachment 1].

 

The plan includes an analysis of the site and surrounds including: constraints, highlights and function of the area. Based on the analysis a plan has been prepared which focuses on:

 

-         Maximising the opportunity to capture the spectacular views of the site;

-         Consideration to view sharing from private land in Parkes Street;

-         Enhancing existing connectivity between the site and surrounding pedestrian networks;

-         Improving the integration between vehicles and people; and

-         Providing opportunities for passive recreation;

 

Some key components of the plan are to:

 

-         Set back the parking from the lookout and extend the lookout (different materials to be used to define transition from vehicle to people space);

-         Provide turfed embankment to adjoin the lookout;

-         Seating and a shelter;

-         Interpretative signage board – on the western edge of the platform;

-         Connections to other walkways west and to Captain Cook lookout east; and

-         Mass plantings of native vegetation in place of mown grass (low in areas to maintain views)

 

Implementation of Plan

 

It is proposed to implement the plan in stages as funding is made available. However the following is noted:

 

-         Rotary Nambucca Heads were pleased with the draft plan and have offered $3,500 in cash and $3,500 in in-kind funding to support the improvements.

 

-         Last year Council was successful in receiving $30,000 from the NSW Crown Land Public Reserves Management Fund to replace a bridge in the pedestrian link between Parkes Street and Wellington Drive. In the period between making the application and receiving the funds, the bridge was repaired as it was unsafe. The repairs have extended the life of the bridge substantially.

 

It was proposed to transfer the funds from this grant to the improvements of the Rotary Lookout, which is located in the same crown reserve approximately 150m from the bridge. Council’s Grants Officer has investigated this with the Crown. The Crown Lands Department has indicated that if Council does not want to use the funds for the bridge it must be returned.

 

-         Council may wish to consider alternative options to fund the project.

 

-         Should Council endorse the plan it will be used to guide future maintenance, grant applications and other works on the site.

 

 

CONSULTATION:

 

·           Assistant General Manager - Engineering Services

·           Manager infrastructure Services

·           Grants and Contributions Officer

·           Coordinator Green Spaces

·           Nambucca Heads Rotary

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The project will have positive benefits to the natural environment in this area through the increase in vegetated buffers between managed lawn and bushland in the form of mass plantings. This will also decrease Council’s costs via a reduction in the area required to be mown.

 

Social

 

The current lookout is tired looking and functions poorly.  The view at this location is arguably one of the most spectacular views of an estuary in the mid north coast. The lookout is popular with residents and visitors to the shire.

 

The presentation of this area reflects on Council and the community as a whole and it important to offer facilities that appeal to our residents and hopefully encourage positive feedback and discussion among tourists. The work will significantly improve the amenity and function of the area for residents and visitors.

 

Economic

 

Appropriate design and construction of this lookout along with improvements to other popular open space areas will begin to offer the tourism industry a suite of attractive open spaces with matching facilities that contribute to the marketability of the Nambucca Valley as a tourist destination and a place in which people want to reside.

 

Risk

 

Nil

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

-         The plan has been prepared within Engineering Services Budget;

-         Rotary have offered financial and inkind support to the project;

-         Council has been requested to consider transferring $30,000 from a Crown Land Public Reserve Management grant to the improvements at Rotary Lookout, this has not been approved.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

 

Attachments:

1

33226/2015 - Rotary Lookout Draft Concept

 

2

31602/2015 - Letter of appreciation

 

  


Ordinary Council Meeting - 12 November 2015

Rotary Lookout Nambucca Heads - concept improvements

 









Ordinary Council Meeting - 12 November 2015

Rotary Lookout Nambucca Heads - concept improvements

 


Ordinary Council Meeting                                                                                            12 November 2015

General Manager

ITEM 9.6      SF1496            121115         Minutes of the Nambucca River, Creeks, Estuaries and Coastline Managment Committee Meeting held 17 September 2015

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The minutes of the Nambucca River, Creeks, Estuaries and Coastline Management Committee held Thursday 17 September 2015 are attached for Council’s endorsement. 

 

 

Recommendation:

 

That Council endorse the minutes of the Nambucca River, Creeks, Estuaries and Coastline Management Committee held Thursday 17 September 2015.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

Nothing required. 

 

 

CONSULTATION:

 

Nothing required

 

 

SUSTAINABILITY ASSESSMENT:

Environment

Nothing identified

 

Social

Nothing identified

 

Economic

Nothing identified

 

Risk

Nothing identified

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There are is impact on budgets resulting from this report.

Source of fund and any variance to working funds

Nil

Service level changes and resourcing/staff implications

Nothing identified

 

Attachments:

1

32477/2015 - Minutes - 17 September 2015

 

  


Ordinary Council Meeting - 12 November 2015

Minutes of the Nambucca River, Creeks, Estuaries and Coastline Managment Committee Meeting held 17 September 2015

 

PRESENT

 

Cr John Ainsworth (Chairperson)

Cr Bob Morrison

Anna Sedlack (NSW Maritime)

Richard Barrie

Jim Hallam (Farmers Association)

Fay Lawson (Flood Affected Landowner)

Theresa Spens-Black (Oyster Farmers)

 

 

 

ALSO PRESENT

 

Peter Shales (SES)

Moira Ryan (Scotts Head Dune Care)

Michael Stubbs (SES)

Craig Smith (NPWS)

Mark Batister (WMA Water)

Monique Retalik (WMA Water)

 

 

APOLOGIES

 

Mayor, Rhonda Hoban

Max Osborne (LLS)

John Schmidt (OEH)

Kate Browning (OEH)

Pat Dwyer (NSW Fisheries)

Cr Paula Flack

Tim Ryan (Nambucca Valley Landcare)

Robert Kennedy (Tourism Association)

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

 

CONFIRMATION OF MINUTES

 

RESOLVED:          (Spens-Black/Morrison)

 

That the Committee note the adoption and endorsement of the recommendations of the Minutes of the Meeting held on 23 April 2015.

 

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 5.1      SF1496              170915      Report on Outstanding Items

RESOLVED:          (Lawson/Spens-Black)

 

The list of outstanding actions be noted and received by the committee. 

 

 

 


 

ITEM 5.2      SF1496              170915      Flood Risk Management Study and Plan for Deep Creek and Nambucca River

RESOLVED:          (Spens-Black/ Lawson)

 

1        That the Committee receive the presentation from WMA water.

 

2        At the conclusion of the presentation from the WMA Water the Committee resolve to take appropriate action.

 

i)        The consultants investigate the existing gauge system relevant to Nambucca and Deep Creek Systems which includes:

-      Location of existing gauges

-      Status and ownership of existing gauges

-   Identification of data gaps in the existing system particularly in relation to flood warning capabilities.

 

ii)       Council write a formal letter to the local member regarding the inadequacies of the existing gauge system and the affects this may have on flood management and response – the letter should identify the benefits of a centralised reporting system all the existing gauges.

 

iii)      A full investigation into levees at Macksville not be undertaken. This is a response to previous community reaction to potential levees in Macksville. The consultant shall still estimate a required height for an effective levee at Macksville, so the community and Council will be aware of the potential implications of such a structure. The consultant examine the potential benefits of levees at Bowraville.

 

iv)      In respect to Kings Point, Councils consultant investigate the effects that wilson road bridge approaches and the north coast rail levee has on flood levels/ velocities;

 

v)       The consultants investigate evacuation routes to major populated areas and localities kings point in particular;

 

vi)      The consultants investigate local road improvements which could improve the communities resilience to flooding; this could include low points in roads, causeways and bridges.

 

vii)     The consultants identify potential early warning systems or improvements that could be made to to provide the community with greater response time and more accurate information.

 

 

 

 

ITEM 5.3      SF2081              170915      Nambucca River Shoaling Investigation and Dredging Strategy

ReSOLVED:          (Spens-Black/Morrison)

 

1        The committee note the content of this report.

 

2        Committee members may take the time to mark areas of concern on the aerial photos available in the Council chambers.

 

3        The Coordinator Strategic Planning and Natural Resources (Grant Nelson) to investigate Council’s resolution in respect to the Nambucca River mouth being included in the investigation.

 

 

 

ITEM 5.4      SF1496              170915      Coast and Estuary Program Update

ReSOLVED:          (Smith/Lawson)

 

The Committee note the current status of Councils Coast and Estuary Program

 

 

 

 

ITEM 5.5      SF1496              170915      Nambucca River Oyster Farmers - Environmental Management System

ReSOLVED:          (Lawson/Shales)

 

That the committee note that Environmental Management System for the Nambucca River Oyster Farmers has been prepared and is available at Council Offices for review.

 

 

   

 

 

NEXT MEETING DATE

 

The next meeting will be held on … commencing at ….

 

 

CLOSURE

 

There being no further business the Chair then closed the meeting the time being 11.00 am. 

 

 

 

 

CR JOHN AINSWORTH

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                            12 November 2015

General Manager

ITEM 9.7      SF688              121115         Environmental Levy - Status Report

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to provide Council with an update of projects being undertaken with funding assistance through the Environmental Levy.

 

 

Recommendation:

 

That Council note the status of Environmental Levy Projects.

 

 

OPTIONS:

 

Nil

 

DISCUSSION:

 

The following presents a brief overview of projects being undertaken with funding assistance from the Environmental Levy.

Councils Flood Risk Management Study and Plan

Council received 2:1 funding through the Flood Management Funding Program to commence preparation of a Flood Risk Management Study and Plan. Council has engaged WMA Water to undertake the project  an initial round of community consultation regarding the effects of flooding was undertaken in 2015 using on street discussions and local markets to engage with the community -  it is estimated the consultation was successful in engaging with 100+ local residents. Further public consultation will be undertaken as project progresses.  A presentation was recently provided to Council’s Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee on the project and priority options were provided to the consultants to include in their reporting – these are included in the minutes of the meeting which are included in this business paper.

 

Description: C:\Users\grantn\Dropbox\Camera Uploads\2015-06-04 11.47.19 HDR.jpg

 

Koala Habitat Study and Vegetation Mapping

Council in partnership with the Office of Environment and Heritage has produced indicative Endangered Ecological Community Mapping for Shire. The mapping is used internally by staff during environmental assessment of both private and public developments, it is also used to assist landholders management and target funding opportunities. Using this mapping as a basis Council and OEH have progressed mapping of Koala Habitat and the remainder of vegetation through the shire under the Saving Our Species program and finalised mapping for the coastal area of shire.

Figure 1 koala recorded in Jagun Reserve Valla (L. Warren 2014)

 
Description: C:\Users\grantn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Word\First Valla koala - 03.jpg

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Stuart Island – Stage 2 works

Council received matching funding from OEH through its estuary management program to undertake weed management, revegetation and access consolidation on Stuart Island. The project protect enhanced local habitat. Replanting is largely complete and weed management is ongoing. The project compliments other funding made available to Stuart Island for a new pontoon and amenities and stage 2 works will be commencing soon under the RMS Boating Now program – these works will include sealing of the trailer parking area, wharf upgrade, new facilities and pedestrian links.

 

Description: After 2Description: C:\Users\grantn\Dropbox\Camera Uploads\2014-12-19 14.56.35.jpg

 


Stuart Island - South

Council received matching funding from OEH through its estuary management program to undertake bank stabilization works on the golf course side of Stuart Island. The project will enhance riparian vegetation and habitat on the Island and protect the banks from further scour. The project will also involve the installation of reef balls in the work that are proposed to act as habitat for fish. Reef balls are being manufactured at present will be ready early Nov. Staff have arranged pre-works meeting with representatives of the aboriginal community to designate no go areas for the proposed works. The works are expected to commence in November 2015.

 

 

 

 

 

 

 

 

 

 

 

 

 


Restoration and Revegetation projects on Council reserves

Council Resolved to allocated $30,000 of Environmental Levy Funds to restoration and rehabilitation projects. Works are presently being undertaken on various Council reserves to support improvements to the natural environment. The project aims to:

 

-           Increase resilience and enhance Natural Environment;

-           Create self sustaining communities

-           Improve landscape connectivity

-           Enhance amenity

-           Reduce council mowing expenses

-           Reduce impact of environmental weeds with NSC reserves

In respect to these projects the Valla Beach Coastal Reserve has been target for matching funding through OEH. While we await the outcome of this OEH grant, Local Land Services have committed funding for the this project. This means regardless of the outcome of the OEH grant Council has leveraged the Levy fund to support activities in the Valla Beach Coastal Reserve.

 

Scotts Head Endangered Population (glycine clandestina – broad leaf form Scotts Head)

Council has received funding from the environmental trust to improve habitat for an endangered plant population and community at Scotts Head in the coastal crown reserve. Council will be commencing works on the project towards the end of 2015.

 

The value of this project is recognised by natural resource agencies in the area and as a commitment to the successful outcomes of the project Local Land Services have committed an additional $10,000/ year over three years to support the program.

 

Indian Myna Control Program

The Indian Myna control project seeks to reduce the impacts of the growing Indian myna invasion in our urban and rural environments. In 2008 Nambucca Valley Landcare, in partnership with Bellinger and Coffs Regional Landcare were successful in applying for Environmental Trust funding to implement the Indian Myna Control Project on the NSW mid north coast. From December 2014 the project has been administered by Council jointly with Nambucca Valley Landcare to ensure the ongoing success of the project. Other Councils in our local area have expressed an interest in our partnership.

Riverbank Stabilisation and Revegetation

A program of riverbank stabilization works has been ongoing standard rock stabilisation methods were used in areas of most concern. Council is partnering with a number of other agencies including the Office of Environment and Heritage, NSW Fisheries, Nambucca Valley Landcare to continue with Bank stabilisation projects and the RMS is providing significant inkind support to the project by providing root balls and timber pins from the Pacific Highway upgrade program to assist with stabilisation of the banks and provide fish habitat. Further stabilisation will be continued in accordance with Council’s Estuary Management Plan and Nambucca River Masterplan.

Figure 5 Riparian Reveg 4/09/2013

 

Figure 6 Riparian Reveg 07/05/2014

 

Figure 7 Riparian Reveg 22/01/2015

 
Description: C:\Users\grantn\Dropbox\Camera Uploads\2015-01-22 15.30.15.jpgDescription: C:\Users\grantn\Desktop\dropbox storage\2013-09-04 10.53.53.jpgDescription: M:\Users\grantn\Natural Resource Management\Environmental Levy - River Bank Stabilisation\2014-05-07 11.53.22.jpg

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Gumma Swamp

Privately owned land comprising part of Gumma Swamp has been identified as having acutely toxic levels of acidity and aluminium which could lead to potentially chronic long term effects on estuary health and associated industries.  Council in partnership with OEH and Wetland Care Australia are working towards a solution for the an acid sulphate soil hot spot,  a long term monitoring program is now complete and a containment strategy has been developed to resolve the issues. Council is working on relevant approvals – the works will be completed in 2015/16.

 

Beach Access improvement stage 2

Council’s Coastal Zone Management plan identified that beaches access in the shire needed immediate action. Council was successful at attracting funds from both the CMA and the OEH to commence a program of beach access improvements. Stage 1 of the program addressed 8 beach accesses. At each access dune and weed management was undertaken.

 

Funding for stage 2 has now also been made available and works are underway. A number access tracks at Scotts Head have recently been improved and there will be major improvements undertaken to stairs at shelly beach which are expected to be complete prior to christmas holidays 2015.

 

Implementation of CZMP

Council has been progressively implementing actions contained in its Coastal Zone Management Plan. Along with the Beach Access Improvements detailed earlier, Council has upgraded facilities such as carparks, viewing platforms and undertaken substantial habitat management activities resulting in near pristine Coastal vegetation communities (many of these activities have been funded by Engineering Services). A significant project presently underway is the protection of the Nambucca Heads Surfclub a valuable community asset, located in the coastal zone. The project involves the concept design of the space surrounding the club, the design of seawall protection and on-ground works. The $180,000 project has received matching funds from OEH. THe project is funded 50:50 through the Environmental Levy and OEH. Council is required to gain Coastal Panel approval on the works prior to proceeding, works are expected to be complete in 2016. The focus of this funding will be the works immediately in-front of the club, a future grant application will target the area north of club.

 

Grassy Park Endangered Ecological Community Management

Nambucca Shire Council has been undertaken ongoing weed management activities at Grassy Park Bowraville. The project has focused on removal of invasive vine weeds and replanting of the understory. The project will assist in restoring a 1HA area of endangered ecological community (Lowland Rainforest in the NSW North Coast and Sydney Basin Bioregion).

 

Heritage Assistance Program

After more than decade Council has restored its heritage program with the assistance of the Office of Environmental and Heritage. The program allows Council to engage the services of a heritage advisor and provides opportunities for privately owned properties to benefit from funding support to conserve our valuable heritage through the ‘heritage assistance fund’. The historic village of Bowraville has been the main beneficiary of the fund in the last year with several buildings being subject to important restoration work. A number of applications are presently being assessed for the 2015/16 period.

 

Shoaling Investigation – Lower Nambucca Estuary

As previously advised Council has received funding to support a shoaling investigation into the Lower Estuary. Council has engaged GHD to undertake the program. Information has been passed to consultants to commence investigations prior to meetings with user groups, public forum and an on water site inspection with RMS. It is anticipated these meetings will occurring prior to the end of 2015.

 

Valla Beach Crown Reserve pedestrian link

Council received funding from the Crown Reserve Management fund to support a pedestrian link connection the coastal reserves and Valla Beach urban areas to Valla Beach. The project provides a solution to a safety matter that had been raised by the community. It is expected that this project will be completed by Feb 2016.

 

Future Grant Applications

 

Council is presently awaiting the results of a number of grant applications for various Coastal and estuary projects – including:

 

-           Coastal grant application for the Scotts Head Surfclub precinct

-           Coastal grant application for management of Endangered Communities in Council managed Coastal Reserves

-           Estuary grant application to prepare a management plan for urban stormwater management in Macksville (Dawkins Lake to Nambucca River). Staff have commenced investigations into the issues at Dawkins Lake. Water quality monitoring has been occurring on the lake sporadically and landscape/ Urban Designer has been engaged to commence looking at potential solutions to some issues in the area. An objective of this brief is focus on the future of this area as a potential sustainability precinct/ hub – including water quality improvements, weed management, environmental education as key initiatives. The concepts will also look at the other typical urban design features such as connectivity, use and function of the space (particularly the role Dawkins Park may have in a post highway Macksville).

-           Further Bank Stabilisation Works

Partnerships with other agencies

The Environmental Levy supported by partnerships with other government agencies and non-for profit organisations that have a role in supporting natural resource initiatives in our region. Each of these agencies have experts in various areas of Natural Resource management and provide advice on project actions and management.  Active partnerships in the 2015/16 financial year include:

 

-           Bellingen Council and Coffs Harbour Council (our living coast alliance and living coast festival)

-           Nambucca Valley Landcare (Indian myna program; bank stabilisation and riparian projects)

-           NSW Fisheries (bank stabilisation projects)

-           RMS and contractors (bank stabilisation projects)

-           Wetland Care Australia (Gumma Swamp; Environmental Trust Riparian projects)

-           Scotts Head Dune Care; Wires; Missabotti Hall Committee and Nambucca Lions (community grants)

-           OEH Ecosystems and Threatened Species Unit

-           OEH Coast and Estuary Unit

-           OEH Floodplain Management Unit

-           Crown Lands (reserve management fund & shoaling investigation)

-           Local Land Services (threatened species management; estuary management)

-           Nambucca Local Aboriginal Lands Council (signage on Stuart Island)

 

As necessary contractors are also engaged to assist in the delivery of projects.

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Environmental Levy support environmental projects and initiatives.

 

Social

Many of the projects actioned through the Environmental levy provided positive outcomes for the community.

 

 

Economic

The majority of the projects supported by the environmental levy are leveraged through grant funding.

 

 

Risk

NIL

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Projects listed are generally funded through the environmental levy which is leveraged through grant funding.

 

Source of fund and any variance to working funds

If required variations will be reported to Council.

 

Service level changes and resourcing/staff implications

Nil

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            12 November 2015

General Manager's Report

ITEM 9.8      SF1852            121115         Planning Proposal LEP Amendment No. 14 Schedule 1 Seniors Living Development 24 Coronation Drive 

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

LEP amendment no 14 for a Seniors Living Development at 24 Coronation Drive Congarinni North which was reported to Council in May 2015 with changes to the original proposal Council resolved to support the variations.

 

Based on Councils previous support for the proposal the purpose of this report is to advise Council that a positive Gateway Determination was received by the Department and additional information in respect to the flooding has been received by Councils consultants. Based on the results of this information it is recommended Council proceed with the exhibition of the proposal.

 

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

 

 

Recommendation:

 

That Council proceed with the exhibition of the planning proposal in accordance with the requirements of the Gateway Determination and the Environmental Planning and Assessment Act 1979.

 

 

OPTIONS:

 

1        Council may resolve not to proceed with the amendment;

 

DISCUSSION:

 

On the 28 May 2015 Council resolved to make changes to a schedule 1 amendment to allow a seniors living development to proceed under schedule 1 of the Nambucca LEP 2010. The changes included the additional of environmental zones to the proposal. Council’s resolution is provided below:

 

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

 

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

 

Based on Councils previous support for the proposal the purpose of this report is to advise Council that a Gateway Determination has been received and is supported by the Department and additional information in respect to the flooding has been received by Councils consultants and based on the results of this information it is recommended Council proceed with the exhibition of the proposal.

 

Council subsequently forwarded the proposal to the Department of Planning and Environment seeking gateway determination which was received on the 15th July 2015. Council received delegated authority to proceed to make the plan and requested the matter being forwarded to the RMS and SES with the proposed amendments.

 

The RMS has provided a response with suggestions for Council but they do not provide any objections to the proposal with the amendments.

 

At the time of writing this report Council had not received additional feedback from the SES. Nevertheless previous comments from the SES have been reported to Council and based on this feedback it is expected that the SES will maintain their previous ‘policy position’ which indicated an increase in flood risk results in an increased demand on the SES and other emergency services and as such do not support the proposal.

 

A full overview of the proposal is not re-iterated here as it was previously reported to Council on 28 May 2015. A basic summary of the proposed amendment and the future development is provided below.

 

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

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

-         280 bed nursing home

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

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

-         Storage for caravans and boats

-         Temporary accommodation for visitors

-         Helipad for emergency use.

 

 

Flooding - information report in May 2015

 

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

 

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

 

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

 

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

 

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

 

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


 

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

 

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

 

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

 

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

 

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

 

A helicopter landing facility will be provided on site for isolated emergencies.

 

Flooding consultation

 

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

 

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

 

·           SES – the SES does not support the development given it is not in accordance with SES policies nor the Floodplain Development Manual in relation to the limitation of use of private evacuation plans.

 

Planning Staff comments on flooding

 

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

 

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

-         An amended concept plan

-         An amendment amended emergency response plan;

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

 


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

This information has now been provided and is produced below:

 

 

NEW FLOOD INFORMATION

 

Since reporting the matter Councils flood consultants have undertaken time series flood modelling on Joffre Street between the planning proposal site and Macksville Town Centre.  The modelling examines the time Joffre Street becomes inundated at its lowest point being the bridge closest to town (3.5m AHD) for a 1 in 50 and 1 in 100 event.

 

The graph below shows the development would be isolated from town for approximately 16.5hrs during a 1% AEP post highway event. During an event of this size there would be approximately 28hrs before the access becomes inundated.

Description: TS_railbridge (2)

During a 1 in 50 year event the site would isolated for approximately 6hrs.

 

Flooding Conclusion

 

Staff are satisfied that the proposed buildings on site are unlikely to be at risk from the most extreme event modelled and the frequency and period of isolation is relatively low. It is recommended that Council proceed to exhibit the Planning Proposal.

 

 

CONSULTATION:

 

Manager of Planning and Assessment

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

The information provided in this report demonstrates that in respect to flooding the risk to residents and employees residing on the land is relatively low.

 

Economic

 

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

 


Risk

 

In this planning proposal the risk is summarised as follows:

 

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

-         the site will be isolated from Macksville in events equal to or greater than approximately 1 in 20 year event. It is noted that the period of isolation is not substantial, for a 1 in 50 year event the site would only be isolated for 6hrs and 16hrs for a 1 in 100 year event. It would less than this for a 1 in 20 year event.

-         It would take approximately 28hr before Joffre Street is inundated in a 1 in 100 event;

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

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

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

Attachments:

1

14417/2015 - Concept Plan Sheet 1

 

2

14419/2015 - Intersection full report

 

3

14414/2015 - Flood Emergency Warning Plan Rev 03

 

4

34727/2015 - 150910 Planning Proposal Seniors Living Development Congarinni Nth - RMS Response

 

  


Ordinary Council Meeting - 12 November 2015

Planning Proposal LEP Amendment No. 14 Schedule 1 Seniors Living Development 24 Coronation Drive 

 


Ordinary Council Meeting - 12 November 2015

Planning Proposal LEP Amendment No. 14 Schedule 1 Seniors Living Development 24 Coronation Drive 

 










Ordinary Council Meeting - 12 November 2015

Planning Proposal LEP Amendment No. 14 Schedule 1 Seniors Living Development 24 Coronation Drive 

 




















Ordinary Council Meeting - 12 November 2015

Planning Proposal LEP Amendment No. 14 Schedule 1 Seniors Living Development 24 Coronation Drive 

 



Ordinary Council Meeting                                                                                            12 November 2015

General Manager's Report

ITEM 9.9      PRF47              121115         Dawkins Park - Macksville

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to gain Councils endorsement to undertake some community consultation in respect to the concept plan for Dawkins Park.

 

 

Recommendation:

 

1        That staff commence ecological investigations into flora and fauna that are present in Dawkins Park.

 

2        That Council endorse the draft concept for public consultation purposes.

 

3        That Council commence the preparation of a Plan of Management for Dawkins Park which will incorporate a concept plan for the reserve.

 

 

OPTIONS:

 

Council may choose to make changes prior to public consultation.

 

DISCUSSION:

 

Background

 

For several years Council has received ongoing comments from the community as to the poor status of Dawkins Lake and it had been listed as a potential project on the Environmental Levy projects list for some time. In 2014/15 Council allocated environmental levy funds to investigate potential improvements to Dawkins Lake with a particular focus on water quality.

 

Council has applied for funding to investigate a management plan for the catchment from Dawkins Park to the Nambucca River including Hughes Creek. If successful this plan will focus on environmental engineering solutions to water quality issues, weed management and community education.

 

While we await the outcome of this grant Council’s Coordinator of Strategic Planning and Natural Resources and Community Development Project Officer have progressed with a concept plan for the area. The plan will define how the community interacts with the space and the environment. The plan will also be used to guide the plan of management in respect to the upper catchment area and used to target grant funding to support future improvements to the area.

 

Staff engaged a landscape architect to prepare the plan which is provided as [attachment 1]. The briefing provided to the consultant was to examine typical urban design matters such as connectivity, views, use, open space as well as the role the area may have in a post highway Macksville. Importantly, it was highlighted to the consultant that Dawkins Park has a number of environmental issues that need to be addressed and it also has the potential to be developed as model for best practice environmental management, sustainability and used for environmental education and capacity building within the community.

 

Council recently developed the Macksville fun and fitness precinct, this area has the potential to be developed as a sustainability precinct, a complete reversal from its present degraded state.

 

Historic Information

 

An examination of historic records including aerial photos and parish maps show that prior to 1942  land east of Matilda Street was dominated by privately owned pastural land with water bodies in the vicinity of Dawkins Lake and Macksville Park. At this time the Pacific Highway traversed Wallace Street.

It appears that by 1967 Princess Street had been constructed and the Pacific Highway had been re-aligned to Cooper Street. At this time the water bodies at Macksville Park and Dawkins Park had been filled.

 

Sometime after 1967 Dawkins Lake appears to have been reconstructed, likely as part of the stormwater management system.

 

Existing issues

 

Water Quality

 

Gross pollutants have been observed as an issue, with large debris accumulating at the highway culvert, and stormwater inlets.

 

Water quality monitoring has been undertaken sporadically over the last few years. Faecal coliforms and dissolved oxygen have recorded less than desirable results. The presence of faecal coliform in aquatic environments may indicate that the water has been contaminated with the faecal material of humans or other animals. It is noted that birds can be a significant source of fecal coliform bacteria and waterfowl are known to elevate bacterial counts, especially in wetlands, lakes, ponds, and rivers. Organic matter containing faecal coliforms can reduce levels of dissolved oxygen in aquatic environments through aerobic decomposition, this reduced levels of oxygen can cause fish kills. Faecal coliform trigger values are recommended by the ANZECC water quality monitoring guidelines.

 

Samples collected in August 2014 report faecal coliform levels as ‘too numerous to count’ and in October 2014 8600cfu/100ml. These levels are well above those recommended for primary (150cfu/100ml) and secondary (1000cfu/100ml) contact in water bodies.

 

These samples showed Biochemical Oxygen Demand (BOD) - a measure of dissolved oxygen required by organisms) as 2mg/L in August and 14mg/L in October. The recommended maximum BOD for aquatic systems is 15mg/L and the October result approached this level which may explain the fish kill which occurred in the Nov 2014. This kill was reported to Fisheries as 50+ mullet floating on the surface of the Lake. It is postulated that high levels of faecal coliforms associated with the birdlife in the pond and the hotter October/November weather resulted in a reduction of dissolved oxygen and the fish kill. 

 

Phosphorus levels have also been recorded above recommended trigger values.

 

      

 

 

Weeds

 

The park is home to a number of weeds including but not limited to:

 

-     camphor laurel;

-     lantana;

-     asparagus fern;

-     Cocus palm;

-     Cumbungi; and

-     A number of garden variety escapees

 

Amenity and Function

 

The park is unsightly and presents an odour particularly in the warmer months when water temperature rises and aerobic processes in the pond are more active. These key amenity issues relate to the poor water quality but other issues are noted below:

 

-     The edges of the pond are inappropriately designed and are difficult to manage. This results in the edges being overgrown with weeds and grass and a creates little potential to for native sedges and nutrient absorbing species to establish;

 

-     The park has had limited direction in respect to landscaping and often trees and shrubs are randomly placed or fringe the pond itself. There is limited variety of species being used and often inappropriate species have been planted. For example cocus palms are scattered through the park callistemon species dominate the mid storey reducing diversity and often obscuring views to water edge.

 

-     Facilities are dated;

 

-     Paths are to small and restrict shared use and generate little appeal;

 

-     Open drains are unattractive and do little to improve water quality entering the pond.

 

-     Sections of the park are remote and do not provide good passive surveylance

 

Habitat and the Islands

 

The majority of Dawkins Park is managed parkland, with mown lawn and parkland trees, the waterbody provides potential habitat for a number of waterbird, amphibian and fish species.

 

The lake provides habitat for a number of bird species particularly waterfowl species including Royal Spoonbill and Australian White Ibis. To date no fauna survey has been undertaken on the site to identify species presence and populations.

 

A visual estimate of Australia White Ibis breeding colony on the site sets it at greater than 50 between the two (2) islands.  The Australian White Ibis has in the past been an important species of inland wetlands but due to drought and habitat reduction, the species has become more prominent in coastal areas where it has adapted well to urban environments and is often regarded as a pest species.

 

It is likely that the Ibis colony on the site is significant contributor to the poor water quality results, odour and the lack of lower stratum vegetation on the island which now has compacted and exposed soils. Despite the Ibis being a contributor to many issues on the island it is a native species protected under the NPWS Act and to harm this species a permit is required from the Office of Environment and Heritage. A number of Councils in NSW have prepared management plans to address Ibis colonies and received permits to address the issue. Typical Management actions include egg oiling, nest burning, removal of exotic trees, noise disturbance, reducing food sources and education. Discussions with staff at Camden Council indicated that their program which addressed a 1000 bird + colony has been successful with an estimated 60% reduction in bird numbers since its implementation – it noted that their license did not permit the complete removal of the habitat as the NPWS found that colony to be an urban refuge for the species. Natural resource staff at Camden Council have indicated they would be pleased to provide advice should Council progress with a management plan.

Research on constructed wetlands indicates that islands in constructed wetlands are strongly discouraged specifically due to the appeal for White Ibis and the resulting water quality issues. The Dawkins Park Islands are a text book ‘what not to do’.

 

The first draft of the plan shows that the central islands of park have been removed to re-shape the north eastern bank. This action was specifically included to improve water quality by discouraging the roosting of the Ibis on the island. An alternative that may assist with the dispersal of the Ibis and the improvement to water quality include re-connecting the island to main part of the park, making the area less desirable due to predation and human disturbance.

 

The two (2) islands in the central portion of the park may also constitute a degraded variant of an Endangered Ecological Community (Swamp sclerophyll forest on coastal floodplains of the NSW North Coast, Sydney Basin and South East Corner bioregions).

 

Further ecological investigations would be required prior to making decisions in respect to the islands and the other works identified in the draft plan. A management plan would need to be developed to support actions that would discourage the use of Dawkins Park as habitat for the Ibis.

 

Draft concept plan

 

The draft plan includes an analysis the site including the issues and opportunities. It is noted the plan will incorporate additional information to support the implementation including examples of edge treatments, sections for particular areas additional photos and species recommendations. The plan proposes the following key actions:

 

-     Public amenities

-     Central facility incorporating possible interpretive/ education facilities, café of picnic shelter

-     Outdoor dinning or picnic facilities

-     Bio-retention basins in formalised arrangements

-     Connections to library

-     Nature play area

-     Large open space areas catering to family and group activities

-     Re-profiled and realigned shoreline/ banks with low wetland and other edge treatments

-     New off-street Parking on cooper st

-     New bridges on eastern and southern side of lake to improve circulation and improve engagement with the water

-     Re-located or new crossing on cooper st to provide improved link to new facilities (skatepark and fitness trail)

-     Improved access to the aged care facility

-     Bush tucker garden with sculptured landforms

-     Islands removed and modified lake profile  to enhance water quality management;

-     Informal passive recreation areas.

 

CONSULTATION:

 

To date internal consultation has been undertaken with Council Staff and a very brief overview of the plan was provided to the Macksville Chamber of Commerce. The intent of the draft plan has been well received to date. Comments received from staff have suggested the following:

 

-       Location of the amenities and sustainability centre may be better placed closer to the library or as an extension to the Library which would assist with future management of the facility and also open the space to additional funding opportunities. A facility available for library users and environmental education could be a win for both;

-       It is questionable if amenities are necessary, however a unisex toilet would beneficial to library users and the public;

-       Improved links to Macksville Park makes sense and provide opportunities to increase the size of the fitness trail in the Macksville Park.

-       The plan should increase the number of areas where people may address the waters edge;

-       There should be more seating and picnic areas closer to vehicle parking;

-       The plan should show a difference between general vegetation planting and low set planting – this should ensure views to the lake are maximised.

-       Images will be required to demonstrate different edge treatments, water quality improvement solutions. Cross sections of edge treatments paths and other areas would also be useful;

-       Some of the images shown in the plan give the impression of large swamp, alternative images should also be used showing parkland character;

 

 

-       The provision of a dog run area would be of benefit. Two (2) potential options were discussed. A small area in the north east corner of the site adjoining Caltex or possibly across the road between football oval, carpark and Cooper St.

-       Consider a plan of Management for the removal of the islands. The management plan should look at staging works.  The islands are unsightly and will continue to erode into the lake.  There is little possibility of undergrowth with so many birds and further, the concentration of birds and their droppings must only result is poor water quality. Feedback from local residents indicated that the lake and islands are man-made. 

-       New network of paths is supported these should be wheelchair accessible;

-       Links to the senior citizen centre should be noted and may provide alternative solutions to new public amenities

-       We should resist the temptation to install children play equipment and the concept of nature play has merit. Council already has a large number of playgrounds which are a challenge to maintain including Partridge St and Ferry St.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The project targets environmental improvements to Park, including water quality, weed management, and re-vegetation.

 

Social

 

The project targets improvements to Dawkins Park which would benefit the community.

 

Economic

 

The improvement of Dawkins Park combined with other nearbye facilities such as the new skatepark, could promote Macksville with a reputation as a quality place to stop on the east coast of NSW. 

 

Risk

 

Nil, the plan is only an initial concept.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The draft plan has been prepared with the allocated budget for Dawkins Lake within the Environmental Levy.

 

Source of fund and any variance to working funds

Council is awaiting the results of a grant from OEH to prepare a management plan for the Hughes Creek Catchment including Dawkins Lake.

 

Service level changes and resourcing/staff implications

 

The project is being overseen by Councils Coordinator of Strategic Planning and Natural Resources and Councils Community Development Project Officer.

 

Attachments:

1

35137/2015 - Dawkins Park Draft Concept 26 Oct 2015

 

  


Ordinary Council Meeting - 12 November 2015

Dawkins Park - Macksville

 











Ordinary Council Meeting                                                                                            12 November 2015

General Manager's Report

ITEM 9.10    SF239              121115         Adoption of the Score on Doors Program  - Hygiene and Food Safety

 

AUTHOR/ENQUIRIES:    Anthony Brandie, Senior Health and Building Surveyor         

 

Summary:

 

This report provides a summary of the NSW Food Authorities ‘Scores on Doors’ program. It is currently voluntary, however the intention is to mandate this program in the future.

 

 

Recommendation:

 

1        That Council adopts the ‘Scores on Doors’ program for its food businesses on a trial basis for this financial year to promote compliance with hygiene and food safety standards, promote consumer trust in food businesses and to further the reputation and economy of food businesses in the Nambucca Valley.

 

2        That the initiative be included in Council’s food business inspection program.

 

 

OPTIONS:

 

1.   That Council adopt the recommendation.

2.   That Council not adopt the program at this stage.

 

DISCUSSION:

 

The role that food businesses play in the local community is becoming more important, as people’s lives get busier and they source their food from outside their home. Food businesses also form an important part of the local economy creating economic activity, employment, bringing people into the area and retaining those who live and work in it by providing reliable meal options.

 

Council and the community benefit from the local food industry and rely on food premises and the part they play in the diverse local economy.

 

At the same time consumer expectations are rising, in particular that:

 

·           Food premises have the highest levels of compliance with hygiene and food safety standards

·           Consumers are able to have access to official information so they can make their own decision about where they eat, and

·           Council activity such as food inspections are not only done, but are seen to be done.

 

Council’s Health and Building Surveyors already undertake food inspections to ensure compliance with hygiene and food safety requirements.  Where necessary, they undertake compliance action. Food premises issued with on-the-spot Penalty Notices may appear on the NSW Food Authority’s high profile Name & Shame register.

 

However, the opportunity exists for Council to be proactive in providing transparency around the inspections as well as an additional incentive for businesses to maintain and increase their inspection results, thereby improving the quality of local food premises. To further support Council’s significant work in this area, Council is encouraged to take part in the NSW Scores on Doors program.

 

Program Details

 

Scores on Doors is the state-wide NSW program to display onsite the results of food premises inspections for hygiene and food safety.  The program is focussed on retail food service businesses that process and sell food that is ready-to-eat, intended for immediate consumption, and potentially hazardous if not handled correctly and under the right conditions.

 

These are the higher risk premises that have the greatest potential to cause foodborne illness if food is not handled correctly.

 

These businesses include:

 

·           Restaurants

·           Pub bistros

·           Hotels

·           Cafes

·           Bakeries

·           Club

·           Takeaway outlets

 

Scores on Doors is not intended for:

 

·           Supermarkets

·           Delicatessens or greengrocers

·           Low risk food premises or businesses that serve pre-packaged food such as service stations and convenience stores

·           Temporary markets, mobile food vending vehicles, or

·           Businesses that hold a NSW Food Authority licence and are separately audited such as butchers.

 

The voluntary program was first piloted in 2010 and was then expanded to a trial in 2011-2012.  Following feedback from councils and food industry stakeholders a few elements of the program have been enhanced to reduce perceived barriers to participation in the program (for example, the meaning of the ratings are being made more clear and businesses will no longer be asked to sign a legal agreement to participate).

 

Importantly, the rating certificate that is displayed carries an explanation of what it represents, a warning about relying solely on the rating and a disclaimer from liability for the Council for any acts by the food business or about the condition of the premises.

 

At the end of 2013 the program has been taken up by some 25 councils throughout NSW and the NSW Food Authority is now working with councils to provide marketing support and significantly increase that number. The Scores and Doors program would assist promotion of the area as a food destination and reliable place to do business.

 

How would this work?

 

·      Following Council’s existing routine inspections, eligible food premises would receive a hygiene and food safety rating based on points allocated under the Scores on Doors guidelines, akin to a demerit system; the stand Food Premises Assessment Report that Council inspectors use promotes consistency in point’s allocation.

 

·      NSW Food Authority provides the certificates free of charge to councils for each of the three ratings:  Good, Very Good or Excellent; businesses assessed with critical breaches or too many lesser breaches are not awarded any grade or certificate.

 

·      Certificates can be issued on the spot at the time of the inspection, or sent out shortly afterwards.

 

·      The rating certificate would be displayed on the front window or near the entrance to the premises.

 

·      There need be no extra work for Council staff as a result of participating in the program.

 

The recommendations are made because

 

1              The Scores on Doors program rewards food premises that do the right thing by their customers.

 

2              The program provides food premises throughout the area with a public incentive to raise standards.

 

3        They offer the potential that higher standards in food premises could mean fewer compliance issues requiring follow up and fewer consumer complaints.

 

4        Most importantly, they will help provide our community with clean and healthy value-for-money food products and services, which positively showcase the Council’s many communities and culinary attractions.

 

 

CONSULTATION:

 

The General Manager and Senior Health and Building surveyor have liaised with the Food Authority with respect to this program and its adoption

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Adoption of the program is not considered to have any adverse environmental impacts.

 

Social

 

Adoption of the program is not considered to have any adverse social impact.

 

Economic

 

There are not considered to be any broad economic impacts.

 

Risk

 

Adoption of the program is considered to better manage risk to public health at a local level.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Negligible

 

Source of fund and any variance to working funds

 

N/A

 

Service level changes and resourcing/staff implications

 

No implications in this regard

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            12 November 2015

General Manager

ITEM 9.11    SF2151            121115         Living Coast Festival

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer Planning         

 

Summary:

 

The inaugural Living Coast Festival will take place from 1- 30 November 2015 across the Bellingen, Coffs Harbour and Nambucca council areas. Over 60 events are being held across the combined local government areas. During the Living Coast Festival communities will be inspired to live more sustainably and discover how small actions can make a big difference, with a focus on healthy food & lifestyles, saving energy & water, growing your own food, backyard biodiversity, supporting local food, reducing waste and ethical choices.

 

 

Recommendation:

 

That the information in the report be noted.

 

 

OPTIONS:

 

Nil – the report is for the information of Councillors only.

 

DISCUSSION:

 

The Our Living Coast alliance between Coffs Harbour, Bellingen and Nambucca Councils has been operating since 2009. The objectives of the alliance are to:

 

·           improve biodiversity and sustainability outcomes;

·           increase the community’s ability to achieve environmental improvements and conserve biodiversity in urban areas;

·           improve the three Councils’ response to sustainability; and

·           build and strengthen local and regional partnerships for better environmental and sustainability outcomes.

 

To these ends, the three Councils have organised the Living Coast Festival 2015. The Festival is a collection of sustainable events being held in the three Council areas from Sunday 1 November to Monday 30 November 2015.

 

During the Living Coast Festival people will be inspired to live more sustainably and discover how small actions can make a big difference. The Festival celebrates the natural beauty and wonder of our region and focuses on all areas of sustainable living including healthy food & lifestyles, saving energy & water, growing your own food, backyard biodiversity, supporting local food, reducing waste and ethical choices.

 

The Nambucca River Festival is one of the key events of the Living Coast Festival.

 

A full list of activities can be found on www.ourlivingcoast.com.au/living-coast-festival/. As part of preparing for the Festival, Coffs Harbour City Council has provided staff time to do a major upgrade of the website, making it far more user-friendly, not just for the Festival, but for other Alliance activities as well.

 

All Councillors are warmly invited to attend any activities and are encouraged to publicise the Festival as they are able.

 


CONSULTATION:

 

Coffs Harbour City Council

Bellingen Shire Council

Various community groups

Coordinator Strategic Planning & Natural Resources

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The aim of the Living Coast Festival is to provide a range of platforms to encourage sustainability in many areas of life, therefore having a positive effect on the natural environment.

 

Social

 

Residents of the Shire will be encouraged to participate in fun, sustainable activities with others which are organised by local community groups. It is hoped that membership of these groups will increase.

 

Economic

 

The Festival will have a positive economic impact on the shire by bringing visitors in to the Shire to the various events as well as encouraging residents and ratepayers to attend them.

 

Risk

 

There is no risk to Council as each activity is being organised by different community groups.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Approximately $1,300 will be provided by Council to cover advertising costs and to supply paper bags to the Nambucca River Festival.

 

Source of fund and any variance to working funds

 

The $1,300 required has been allocated from the Our Living Coast budget item of the Environmental Levy. No variance is required. It should be noted by Council that Coffs Harbour City Council has paid the entire cost of the visit to the three Councils by Costa Georgiadis, who will be visiting two venues in the Nambucca Shire on Monday 2 November at no cost to our Council or our community groups. Further, they have covered the cost of printing posters and brochures, which Council and volunteers are distributing. Their staff have also upgraded the Our Living Coast website.

 

Service level changes and resourcing/staff implications

 

Council’s Technical Officer Development & Environment is Council’s liaison officer for the Festival. This work is being undertaken as part of her two day-a-week role supporting Council’s Coordinator Strategic Planning & Natural Resources and is therefore coming from Council’s Environmental Levy.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            12 November 2015

General Manager's Report

ITEM 9.12    SF2038            121115         Outstanding DAs greater than 12 months OR where submissions received - 21 October - 3 November 2015

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer Planning         

 

Summary:

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).

 

Table 2 is development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

 

That the information be noted by Council.

 

 

 

TABLE 1: UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

 

Please note that there are no unresolved Development Applications in excess of 12 months old.

 

TABLE 2: DEVELOPMENT APPLICATIONS NOT YET DETERMINED WHERE SUBMISSIONS HAVE BEEN RECEIVED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/067

27/05/2015

Two Lot Subdivision

Lot 10 DP 584683, 9 Richards Road, Newee Creek

SUBMISSIONS RECEIVED

One public submission has been received – it opposes the development

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

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/099

2 July 2015

132 Lot Residential Subdivision

Lot 1 DP 1119830, Marshall Way, Nambucca Heads

SUBMISSIONS RECEIVED

Two public submissions has been received – they oppose the development

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

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

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

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

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

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

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/097

30 June 2015

Environmental Protection Works

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

SUBMISSIONS RECEIVED

One public submission has been received – it opposes the development

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

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

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/133

26 August 2015

Use of Shipping Container

Lot 4 Section 18 DP 758150, 33 George Street, Bowraville

SUBMISSIONS RECEIVED

One submission has been received by Council – it opposes the proposal

·           The shipping container has structurally unsafe footings/foundations and loading zone issues

·           Concerned about the deterioration of the surface of Aston Lane due to increased usage, as well as loading/unloading issues

·           Decreased scenic views, blocking the south westerly breezes and decreased street appeal

·           Increased health issues, due to increased dust on Aston Lane

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/138

4 September 2015

Shed (Shelter for plants and storage)

Lot 3 DP 1015406, 180 Coronation Road Congarinni North

SUBMISSIONS RECEIVED

Two submissions have been received by Council – both oppose the proposal

·           Applicant hasn’t complied with conditions of previous DAs eg fences, operating hours, landscaping, car parking (customers are blocking the driveway of a nearby resident on occasion)

·           Construction has already commenced without consent

·           The shed covers an already rebuilt dog shed that is being used as a residence

·           Have all septic systems been approved and properly installed?

·           Building is too close to the main road

·           Existing buildings shown on the plan were all constructed without consent

·           There is no builders’ signage on site

·           Four separate lots of people are living on site

·           Companion animals are not confined to the property, but wander on the road

·           Drawings submitted with DA are sub-standard

·           Mature trees have been removed even though the original DA requested that they stay

·           Large excavation is being undertaken at the rear of the property – no details about this with the DA

·           All illegal buildings should be removed

·           The kennels should be closed as they are operating outside of approved DA conditions

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/144

15/09/2015

73 Lot Subdivision

Lot 176 DP 1190467, Seaforth Drive, Valla Beach

Seven submissions have been received by Council – all oppose aspects of the proposal

·           There should be parks, public open space as part of the development – children already play on Seaforth Drive as there is nowhere else for them to play

·           Road in and out of the estate should be higher quality and suitable for evacuation in the case of bushfire – two exits instead of just one would be preferable

·           Fauna in the wetland reserve (to the south of the proposal) will suffer if it is approved

·           Overall, the scale of the development is too large

·           There should be footpath provided to link the development to the shops, bus stop and preschool

·           Visual and noise pollution will result because bush to be cleared provides a buffer for the noise of the railway and the highway

·           There is an endangered ecological community (Coastal Salt Marsh) within the proposed area

·           Acid sulphate soils could be disturbed and leach into Deep Creek

·           An earlier, preliminary flora and fauna report referred to a 65 lot subdivision – this would be more appropriate

·           4.1 hectares of native vegetation should be retained and an SIS required

·           Loss of habitat will negatively impact on macropods

·           Hollow bearing trees shouldn’t be removed

·           Wildlife corridors be maintained

·           Hydrological studies be carried out in relation to disturbance of Acid Sulfate Soils\

·           Section 94 contributions should be levied

·           What research has been done in relation to climate change and sea level rise impacts?

·           APZs should all be on private land

·           A perimeter road should be included as it would provide a good buffer between the residential lots and the wetland

·           Can Council guarantee that the block between this proposal and the pre-school won’t be developed and no further connecting road will be built to Valla Beach Road?

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/159

09/10/2015

2 Lot Subdivision

Lot 176 DP 1190467, Seaforth Drive, Valla Beach

Two submissions have been received by Council – they oppose the proposal (they were also submitted for DA 2015/144)

·           In addition to the points raised in submissions to DA 2015/144, the SEE for this development says that no clearing of bush or trees is necessary. There are several large trees on the block, so this statement appears unlikely to be true.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            12 November 2015

General Manager's Report

ITEM 9.13    SF2038            121115         Outstanding DA greater than 12 months OR where submissions received - 16 September - 20 October 2015

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer Planning         

 

Summary:

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).

 

Table 2 is development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

 

That the information be noted by Council.

 

 

 

TABLE 1: UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

 

Please note that there are no unresolved Development Applications in excess of 12 months old.

 

TABLE 2: DEVELOPMENT APPLICATIONS NOT YET DETERMINED WHERE SUBMISSIONS HAVE BEEN RECEIVED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/067

27/05/2015

Two Lot Subdivision

Lot 10 DP 584683, 9 Richards Road, Newee Creek

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the development

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

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/099

2 July 2015

132 Lot Residential Subdivision

Lot 1 DP 1119830, Marshall Way, Nambucca Heads

SUBMISSIONS RECEIVED/STAFF COMMENTS

Two public submissions has been received – they oppose the development

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

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

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

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

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

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

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/097

30 June 2015

Environmental Protection Works

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

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the development

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

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

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/103

6 July 2015

Recreational Facility (Outdoor) – Shooting Range

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

 

SUBMISSIONS RECEIVED/STAFF COMMENTS

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

 

Oppose

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

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

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

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

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

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

·           Safe transportation and storage of weapons have not been addressed

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

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

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

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

·           Noise pollution will be unacceptable

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

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

·           Proposed effluent disposal method is inadequate

·           Gun ownership should be discouraged by all levels of government

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

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

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

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

·           The activities at the site increase fire risk

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

·           Proposed range is sited within an intermittent water course

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

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

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

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

·           Evacuating the site during an emergency is problematic

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

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

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

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

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

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

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

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

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

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

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

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

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

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

·           Information submitted with DA is inadequate and contradictory

·           No provisions for access for people with disabilities

·           Better suited to an industrial site

·           Cattle will be disturbed by the noise

·           Hours of operation and scale of proposal are both excessive

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

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

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

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

·           This is a remote site that is difficult to police

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

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

·           If approved, local relationships will be damaged

·           Wildlife may be accidentally shot

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

·           Distances and other data on the maps provided seem inaccurate

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

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

 

Support

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

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

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

·             Pistol shooting is a longstanding Olympic sport

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

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

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

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

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

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/133

26 August 2015

Use of Shipping Container

Lot 4 Section 18 DP 758150, 33 George Street, Bowraville

SUBMISSIONS RECEIVED/STAFF COMMENTS

One submission has been received by Council – it opposes the proposal

·           The shipping container has structurally unsafe footings/foundations and loading zone issues

·           Concerned about the deterioration of the surface of Aston Lane due to increased usage, as well as loading/unloading issues

·           Decreased scenic views, blocking the south westerly breezes and decreased street appeal

·           Increased health issues, due to increased dust on Aston Lane

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/138

4 September 2015

Shed (Shelter for plants and storage)

Lot 3 DP 1015406, 180 Coronation Road Congarinni North

SUBMISSIONS RECEIVED

Two submissions have been received by Council – both oppose the proposal

·           Applicant hasn’t complied with conditions of previous DAs eg fences, operating hours, landscaping, car parking (customers are blocking the driveway of a nearby resident on occasion)

·           Construction has already commenced without consent

·           The shed covers an already rebuilt dog shed that is being used as a residence

·           Have all septic systems been approved and properly installed?

·           Building is too close to the main road

·           Existing buildings shown on the plan were all constructed without consent

·           There is no builders’ signage on site

·           Four separate lots of people are living on site

·           Companion animals are not confined to the property, but wander on the road

·           Drawings submitted with DA are sub-standard

·           Mature trees have been removed even though the original DA requested that they stay

·           Large excavation is being undertaken at the rear of the property – no details about this with the DA

·           All illegal buildings should be removed

·           The kennels should be closed as they are operating outside of approved DA conditions

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            12 November 2015

General Manager's Report

ITEM 9.14    SF2036            121115         2015 October - Development Applications Received and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

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

 

Attached is a list of Development Applications and Complying Development Applications received in October 2015 as at 3 November 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

35047/2015 - 2015 October - Development Applications & Complying Development Applications Received

 

  


Ordinary Council Meeting - 12 November 2015

2015 October - Development Applications Received and Complying Development Applications Received

 



Ordinary Council Meeting                                                                                            12 November 2015

General Manager's Report

ITEM 9.15    SF2038            121115         2015 October - Construction Certificates and Complying Development Certificates Approved

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of October 2015 as at 3 November 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

35055/2015 - 2015 October - Construction Certificates Approved and Complying Development Certificates Approved

 

  


Ordinary Council Meeting - 12 November 2015

2015 October - Construction Certificates and Complying Development Certificates Approved

 



Ordinary Council Meeting                                                                                            12 November 2015

General Manager's Report

ITEM 9.16    SF1148            121115         Council Ranger's Report October 2015

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

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

 

 

Recommendation:

 

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

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

2

Abandoned or Stray

2

10

Surrendered

0

1

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

2

13

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

6

Sold

0

1

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

1

Dangerous Dogs

 

0

Owner’s Request

0

0

Due to Illness, Disease or Injury

0

0

Feral/infant animal

2

0

Unsuitable for rehoming

0

2

Unable to be rehomed

0

0

Total Euthanased

2

3

Total Outgoing Animals

2

10

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

0

3

 

 

October 2015

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

CB-83-PP

3106926103

No Stopping

248.00

7/10/2015

N-BR-85M

3106926112

No angle park as on parking control sign

106.00

7/10/2015

CNF-15F

3106926121

No angle park as on parking control sign

106.00

7/10/2015

AKP-65V

3106926130

No angle park as on parking control sign

106.00

7/10/2015

BQ-47-GV

3106926140

No angle park as on parking control sign

106.00

7/10/2015

BPN-84C

3106926159

No angle park as on parking control sign

106.00

7/10/2015

CE-53-PF

3106926168

Not park in direction of travel

177.00

7/10/2015

BTC-45N

3106926177

Not park in direction of travel

106.00

7/10/2015

BG-77-QJ

3106926186

Not park in direction of travel

106.00

7/10/2015

BR-28-BX

3106926195

Not park in direction of travel

106.00

7/10/2015

YJI-57H(act)

3106926204

Not park in direction of travel

106.00

7/10/2015

AT-63-BW

3106926213

Loading Zone

177.00

7/10/2015

960-GNM

3106926222

No Parking

106.00

7/10/2015

MT-1974

3106926231

Not park in direction of travel

106.00

7/10/2015

CGE-95C

3106926240

Loading Zone

177.00

7/10/2015

MOZ-048

3106926250

No Parking

106.00

7/10/2015

CPS-25E

3106926269

No Parking

106.00

7/10/2015

BT-62-EI

3106926278

No Parking

106.00

7/10/2015

AZ-80-PP

3106926287

No angle park as on parking control sign

106.00

7/10/2015

CSL-04V

3106926296

No angle park as on parking control sign

106.00

7/10/2015

BEC-681

3106926305

No angle park as on parking control sign

106.00

7/10/2015

TVY-095

3106926314

No angle park as on parking control sign

106.00

7/10/2015

CWV-65G

3106926223

Loading Zone

177.00

7/10/2015

XCY-23

3106926332

Loading Zone

177.00

7/10/2015

CRH-21W

3106926341

No angle park as on parking control sign

106.00

9/10/2015

CDP-97R

3106926350

No angle park as on parking control sign

106.00

9/10/2015

JDH-886

3106926360

No angle park as on parking control sign

106.00

9/10/2015

CQO-31M

3106926379

No angle park as on parking control sign

106.00

9/10/2015

ZEL-960

3106926388

Not park in direction of travel

177.00

9/10/2015

CB-92-QC

3106926397

No angle park as on parking control sign

106.00

9/10/2015

AJ-64-MS

3106926406

No angle park as on parking control sign

106.00

9/10/2015

BL-47-DE

3106926415

Not park in direction of travel

177.00

9/10/2015

BR-44-HE

3106926424

Not park in direction of travel

177.00

9/10/2015

USJ-430

3106926433

Not park in direction of travel

177.00

9/10/2015

 

October 2015 (cont.)

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

AA-32-CH

3106926442

No angle park as on parking control sign

106.00

9/10/2015

BMA-55K

3106926451

No Parking

106.00

15/10/2015

BM-85-LF

3106926460

No angle park as on parking control sign

106.00

15/10/2015

CDX-06C

3106926470

No angle park as on parking control sign

106.00

15/10/2015

AT-66-RA

3106926489

Not park in direction of travel

177.00

15/10/2015

964-TKM

3106926498

Loading Zone

177.00

15/10/2015

CTW-38J

3106929000

Not park in direction of travel

177.00

15/10/2015

QIW-327

3106929019

Not park in direction of travel

177.00

15/10/2015

BBX-81X

3106929037

No angle park as on parking control sign

106.00

23/10/2015

AZ-51-QA

3106929082

No angle park as on parking control sign

106.00

23/10/2015

AH-63-WS

3106929091

No angle park as on parking control sign

106.00

23/10/2015

165-SJL

3106929100

Not park in direction of travel

177.00

23/10/2015

BP-37-LE

3106929110

Not park in direction of travel

177.00

23/10/2015

BQ-76-GP

3106929129

Bus Zone (School Zone)

319.00

23/10/2015

BS-25-TY

3106929138

Bus Zone (School Zone)

319.00

23/10/2015

BEU-08U

3106929147

Not park in direction of travel

177.00

23/10/2015

CDX-77W

3106929156

Not park in direction of travel

177.00

23/10/2015

OUR-185

3106929165

Not park in direction of travel

177.00

23/10/2015

BMF-68K

3106929174

No angle park as on parking control sign

106.00

23/10/2015

SI-1858

3106929183

No Parking

106.00

23/10/2015

9BJ-823

3106929192

Not park in direction of travel

177.00

23/10/2015

BDZ-42A

3106929201

No angle park as on parking control sign

106.00

23/10/2015

LI-110

3106929210

No Parking

106.00

23/10/2015

CA-75-UD

3106929220

No angle park as on parking control sign

106.00

23/10/2015

CMA-57T

3106929239

No angle park as on parking control sign

106.00

23/10/2015

AZ-60-BR

3106929248

No angle park as on parking control sign

106.00

23/10/2015

XNE-523

3106929257

No angle park as on parking control sign

106.00

23/10/2015

293-TRM

3106929266

No Parking

106.00

23/10/2015

BU-58-ZN

3106929275

Loading Zone

177.00

23/10/2015

 

October 2015 (cont.)

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

CE-53-PF

3106929284

Not park in direction of travel

177.00

23/10/2015

AOW-32V

3106929293

No angle park as on parking control sign

106.00

23/10/2015

BV-67-US

3106929302

No angle park as on parking control sign

106.00

23/10/2015

BD-0050

3106929311

No angle park as on parking control sign

106.00

23/10/2015

YCI-01G

3106929320

No angle park as on parking control sign

106.00

23/10/2015

BY-75-MC

3106929330

No angle park as on parking control sign

106.00

23/10/2015

XFD-342

3106929349

No angle park as on parking control sign

106.00

30/10/2015

BNO-25

3106929367

     Stop on path/strip

106.00

30/10/2015

AHU-18X

3106929376

No angle park as on parking control sign

106.00

30/10/2015

WR-610

3106929385

No angle park as on parking control sign

106.00

30/10/2015

ZIU-237

3106929394

No Parking

106.00

30/10/2015

AU-10-YU

3106929403

No angle park as on parking control sign

106.00

30/10/2015

BS-49-GK

3106929412

No angle park as on parking control sign

106.00

30/10/2015

BZF-87Y

3106929421

Loading Zone

177.00

30/10/2015

 

 

TOTAL: 

10292.00

 

 

October 2015

COMPANION ANIMALS

M/Chip No.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

943094320032364

3106929046

Not Registered

$275.00

13/10/2015

900012001190346

3106929055

Dog in prohibited place

$330.00

13/10/2015

N/A

3106929064

Not Identified

$165.00

13/10/2015

981000300455495

3106929073

Not under control Public place

$220.00

13/10/2015

900012001190346

3106929430

Not Registered

$275.00

30/10/2015

900012001190304

3106929440

Not Registered

$275.00

30/10/2015

900012001190359

3106929459

Not Registered

$275.00

30/10/2015

900012001190318

3106929468

Not Registered

$275.00

30/10/2015

900012001190289

3106929477

Not Registered

$275.00

30/10/2015

 

 

TOTAL:

$2,365.00

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            12 November 2015

General Manager's Report

ITEM 9.17    SF532              121115         Valla Urban Growth Area - Development Control Plan for future Service Centre, 5 Boggy Creek Road, Valla

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner; Michael Coulter, General Manager         

 

Summary:

 

The purpose of this report is to provide Council with a draft Development Control Plan (DCP) for a service centre development at the Valla Urban Growth Area, specifically Lot 53 DP 613620, 5 Boggy Creek Road, Valla.  The Valla Urban Growth Area is the only area in our shire that is governed by Part 6 of the Nambucca LEP 2010 which requires a Development Control Plan to be prepared prior to anything other than a minor development occurring on the land.

 

Essentially this DCP has been prepared to ensure that the Council meets the requirements of the LEP.  The environmental assessment of the activity on the site will be considered as part of the Development Application Process.

 

 

Recommendation:

 

Council exhibit the draft Development Control Plan for Lot 53 DP613620, 5 Boggy Creek Road, Valla for a period of not less than 28 days in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.

 

 

OPTIONS:

 

Nil

 

 

DISCUSSION:

 

A DCP has been prepared for Lot 53 DP 613620, 5 Boggy Creek Road, Valla, which is located in the Valla Urban Growth Area. This DCP will be the only DCP that applies to this site. The DCP does refer to parts of the Nambucca DCP 2010 where it is considered relevant.

 

The Valla Urban Growth Area is the only area in our shire that is governed by ‘Part 6 Urban Release Areas’ of the Nambucca LEP 2010. Part 6 of the Nambucca LEP 2010 requires a Development Control Plan to be prepared prior to anything other than a minor development occurring on the land.

 

It should be noted that the intent of these Urban Release Area provisions of the LEP is to ensure the appropriate development of the growth area occurs as a whole. It is only because this site is captured by the provisions of the LEP that this DCP is required. Should the Service Centre be located on any other land in the shire it would only be assessed as part of 79c of the Environmental Planning and Assessment Act 1979 and a site specific DCP would not be required.

 

Councils Manager of Economic Development is investigating costs to prepare a DCP for the Employment Lands component of the Valla Urban Growth Area.

 

This DCP ensures that the Council meets our requirements of the LEP.  The environmental assessment of the activity on the site will be considered as part of the Development Application Process.

 

The DCP is attached for Councils review. It is required to be exhibited for a period not less than 28 days in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.

 

The Draft DCP has been prepared by Councils Technical Officer Planning and Environment; Senior Town Planner and Coordinator of Strategic Planning and Natural Resources.

 


CONSULTATION:

 

NIL

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The DCP contains provisions to address environmental matters relevant to the site.

 

Social

 

The DCP contains provisions to address social matters relevant to the site.

 

Economic

 

The proposed Service Centre will employ approximately up to 100 full time and part time staff.  It will capture expenditure which would otherwise escape from the local government area once the highway upgrade is completed.

 

Risk

 

The DCP has been prepared to guide development of a service centre on the site however the full environmental assessment will be undertaken as part of the Development Application on the land.

 

It is anticipated that the development application for the Service Centre will be lodged in the very near future so any delay in the processing requirements for the DCP could have a negative impact on the project.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

NIL

 

Source of fund and any variance to working funds

 

NIL

 

Service level changes and resourcing/staff implications

 

The DCP has been prepared internally by Staff.

 

Attachments:

1

33195/2015 - Draft DCP - Boggy Creek Road, Valla

 

  


Ordinary Council Meeting - 12 November 2015

Valla Urban Growth Area - Development Control Plan for future Service Centre, 5 Boggy Creek Road, Valla

 

 

 

NAMBUCCA SHIRE COUNCIL

 

 

DEVELOPMENT CONTROL PLAN

 

 

BOGGY CREEK ROAD URBAN RELEASE AREA

 

 

LOT 53 DP 613620, 5 BOGGY CREEK ROAD, VALLA


Ordinary Council Meeting - 12 November 2015

Valla Urban Growth Area - Development Control Plan for future Service Centre, 5 Boggy Creek Road, Valla

 

CONTENTS

 

1. PRELIMINARY                                                                                                     3

1.1 Introduction                                                                                                    3

1.2 Land to which the Plan Applies                                                                           3

1.3 Purpose of the Plan                                                                                               3

1.4 Relationship with other Plans, Policies and Chapters                                              3

2. DESIRED FUTURE OUTCOME                                                                       4

2.1 Principal Outcome                                                                                         4

3. DEVELOPMENT OBJECTIVES AND REQUIREMENTS                                              5

3.1 Nambucca Development Control Plan 2010                                                     5

3.2 Staging Plan                                                                                                  5

3.3 Transport Movement Hierarchy                                                                            5

3.4 Landscaping Strategy                                                                                   5

3.5 Recreational Areas                                                                                       5

3.6 Stormwater and Water Quality Management                                                     5

3.7 Hazard Amelioration                                                                                               6

3.7.1 Acid Sulfate Soils                                                                                  6

3.7.2 Bushfire Prone Land                                                                                      6

3.7.3 Flood Prone Land                                                                                 6

3.7.4 Site Contamination                                                                               6

3.7.5 Geotechnical Constraints                                                                    7

3.7.6 Aboriginal Cultural Heritage                                                                         7

3.7.7 European Heritage                                                                                7

3.7.8 Flora and Fauna                                                                                    8

3.7.9 Watercourses                                                                                         8

3.7.10 Noise                                                                                                     9

3.7.11 Adjoining Land Uses                                                                                   9

3.8 Urban Design Controls                                                                                9

3.9 Higher Density Living                                                                                   9

3.10 Commercial and Retail Uses                                                                    9

3.11 Public Facilities and Services                                                                            9

Appendix 1 – Preliminary Design                                                                     10

 

 

 

 

Department:

Development and Environment Section

Author:

Technical Officer Development & Environment

Document No.

33195/2015

Adopted:

 

Resolution No:

 

 


 

1       PRELIMINARY

 

1.1    Introduction

 

This Development Control Plan (DCP) is known as the ‘Boggy Creek Road Urban Release Area Development Control Plan’. This DCP has been prepared in accordance with the requirements of the Environmental Planning and Assessment Act 1979, and the Environmental Planning and Assessment Regulation 2000. This DCP consists of a written statement and preliminary designs of the desired development on the site to which the Plan applies.

 

1.2    Land to which the Plan Applies

 

This DCP applies to Lot 53 DP 613620, 5 Boggy Creek Road, Valla, shown in Figure 1. This DCP amends clause A1.3 of the Nambucca Development Control Plan 2010 by excluding the operation of that plan on Lot 53 DP 613620.

 

1.3    Purpose of the Plan

 

The urban release area shown in maps ‘URA_005D’ and ‘URA_005C’ of the Nambucca LEP 2010 is governed through the provisions of Part 6 of the Nambucca LEP 2010. This DCP has been prepared for Lot 53 DP 613620 which forms part of the Urban Release area maps as shown in Figure 2 below. Prior to the development of the remainder of the Urban Release Area, a separate DCP will be required to be prepared to ensure compliance with the provisions of Part 6 of the LEP.

 

The purpose of this DCP is to give detailed guidance to people wishing to carry out development on the site to which it applies. This DCP provides site specific provisions to complement the requirements of the Nambucca Local Environmental Plan 2010, and indicates Council’s objectives and development standards for the site.

 

1.4    Relationship with other Plans and Policies

 

Where there is an inconsistency between this plan and any environmental planning instrument (EPI), the provisions of the EPI shall prevail. An EPI includes a State Environmental Planning Policy (SEPP) and a Local Environmental Plan (LEP).

 

This DCP adopts by reference some provisions of the Nambucca Development Control Plan 2010.


 

2       DESIRED FUTURE OUTCOME

 

The objective of this section is for Council and the community to have a clear direction and clarity as to the expected use of the site as a highway service centre.

 

2.1    Principal Outcome

 

The principal desired future outcome for the identified lot is as follows:

 

1       To ensure that a highway service centre is approved and built on the site in generally in accordance with the attached preliminary design, shown in Appendix 1.

 


3       DEVELOPMENT OBJECTIVES AND REQUIREMENTS

Before the determination of any development consent for the site, the consent authority shall consider the following matters:

 

3.1    Nambucca Development Control Plan 2010

This DCP adopts Parts A, C, D, E, and N of the Nambucca development Control Plan 2010. Council must give consideration to those parts prior to determination of a development application for development on land which this plan applies.

 

3.2    A staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing

 

The development is to be undertaken as a single stage development for a service centre/rest area. Alternatively, the applicant is to lodge a staging plan with the development application for the site.

 

3.3    An overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists

 

A public road design is to be lodged with the Development Application in accordance with the preliminary design shown in this DCP. Internal traffic movements are to be in accordance with Part C of the Nambucca DCP 2010.

 

3.4    An overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain

 

A landscaping plan is to be lodged with the Development Application for the service centre/rest area. Locally occurring native plant species are to be used wherever possible.

 

3.5    A network of passive and active recreational areas

 

Rest areas and amenities are to be provided to encourage motorists to stop, revive and survive.

 

3.6    Stormwater and water quality management controls

 

Preliminary stormwater plans are required when the Development Application is lodged with the consent authority.

 

Where the impermeable surface area of the development exceeds 70% of the site area, on site detention/retention shall be provided. The detention/retention shall limit the peak discharge from all storm events to that which would have occurred from a site with a maximum of 70% impervious area.

 

Provision shall be made for on site treatment of stormwater prior to discharge to Council’s piped drainage system where that runoff is from areas other than roofs. The proposed method of stormwater treatment shall be approved by Council and may consist of standard oil/sediment traps, grass filters, infiltration areas or combinations of these arrangements.

 

Final, detailed plans are to be provided to the consent authority prior to the commencement of works.

 

3.7    Amelioration of natural and environmental hazards, including bushfire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected

 

3.7.1 Acid Sulfate Soils

Clause 7.1 of NLEP 2010 provides the statutory provisions for development on land containing potential acid sulfate soils. In areas comprising acid sulfate soils or potential acid sulfate soils, and where significant disturbance to soils will likely result from a proposed development, Council will require a preliminary soils assessment and/or a soils management plan to be submitted with the Development Application (DA).

 

3.7.2 Bushfire Prone Land

As the site is classified as ‘Bushfire Prone Land’ identified on Council’s Bushfire Prone Land Map, applicants submitting a Development Application will need to provide a bushfire hazard assessment in accordance with Planning for Bushfire Protection 2006 or any other document prepared by the NSW Rural Fire Service that supersedes Planning for Bushfire Protection 2006. A Bushfire Risk Management Plan may also be required to be submitted with the DA.

 

3.7.3 Flood Prone Land

Clause 7.3 of NLEP 2010 outlines the restrictions that apply to any development of flood prone land.

 

The development of flood prone land must be in accordance with Council’s Floodplain Risk Management Plan. Plans are required to show the 1% Annual Exceedance Probability (AEP) flood level affecting any proposed development. The proposed building envelopes, vehicle access and any stock refuge areas are to avoid flood prone areas.

.


3.7.4 Site Contamination

In accordance with Clause 7 of State Environmental Planning Policy No 55 – Remediation of Land (SEPP No 55), Council will not consent to the carrying out of any development on land unless:

a       it has considered whether the land is contaminated, and

b       if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

c        if the land requires remediation to be made suitable for any purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

 

Applicants are required to complete the initial evaluation checklist for land contamination, which is attached to the standard DA form.

 

If the initial evaluation indicates that there may be contamination, or there is insufficient information available, the proponent will be required to carry out a preliminary investigation, which may involve soil sampling. If the preliminary investigation indicates that contamination is present or likely to be present, and the probable future land use(s) would increase the risk of exposure, Council will require a detailed investigation and a plan of management for remediation works.

 

3.7.5 Geotechnical Constraints

Steep slopes are generally not suited to intensive development. Where land with medium to steep slopes is to be developed, appropriate measures are required to avoid soil erosion and sedimentation. In this regard, the development layouts should be designed to minimise the need for cut and fill. In areas likely to be susceptible to subsidence, landslip or any other potentially hazardous ground conditions, Council will require a geotechnical assessment to be submitted with the DA.

 

3.7.6 Aboriginal Cultural Heritage

Clause 5.10 of NLEP 2010 outlines the restrictions that apply to development that may impact on Aboriginal heritage conservation.

 

Any proposal on land that has, or has the potential to contain Aboriginal cultural heritage values or heritage items will be referred to the Office of Environment & Heritage and the relevant Local Aboriginal Land Council (LALC) for comment.

 

An archaeological survey, prepared by a suitably qualified person, may be required if it is considered that that there may be an impact on potential Aboriginal Cultural Heritage values.

 

Applicants are encouraged to consult with the LALC and/or submit a copy of the archaeological survey for their consideration. Details of any such consultation should be provided with the DA.

 

3.7.7 European Heritage

Clause 5.10 of the NLEP 2010 identifies European Heritage listed land/items and any requirements of development on that land. In some instances a heritage assessment by a qualified person may be required to be submitted with the DA.

 

3.7.8 Flora and Fauna

Pursuant to Section 5A of the EP&A Act, Council will need to be satisfied that the proposed development will not have a significant effect on threatened species, populations or ecological communities, or their habitats. A flora and fauna assessment, prepared by a qualified person, may be required to be submitted with a Development Application. A Species Impact Statement (SIS) will be required if there is likely to be a significant effect on threatened species.

 

In general, existing trees and riparian vegetation are to be retained and preserved wherever practicable. Land clearing should not be undertaken prior to development approval. Details of proposed land clearing to accommodate future building construction should be provided with the Development Application. In this regard any proposed clearing of vegetation should have regard to the following principles:

 

·        prevent land degradation and minimise soil erosion and siltation of waterways;

·        retain mature trees, native vegetation and hollow bearing trees;

·        retain a variety of native species on the site;

·        minimise impact on threatened species and their habitat;

·        maintain the scenic and visual quality of the locality;

·        retain trees on prominent ridgelines and knolls;

·        retain trees and other vegetation in gullies and steeper slopes to prevent erosion;

·        retain a variety of forest tree species that are representative of the area;

·        conserve and maintain stands of remnant mature forests and significant individual trees such as large fig trees and flooded gums, and stands of remnant forest species; and

·        maximise use of native and locally occurring native species within new developments.

 

Applicants are advised to refer to any other relevant State or Commonwealth legislation that may impact on land clearing, such as the Native Vegetation Act 2003, Threatened Species Conservation Act 1995 and the Environmental Protection and Biodiversity Conservation Act 1999.

 


3.7.9 Watercourses

Natural watercourses, drainage channels and riparian zones are to be retained and preserved in their natural state wherever possible, to ensure that their ecological function is not compromised. Recommended buffer zones are stipulated in Part F of the Nambucca DCP 2010.

 

Where access is proposed across or through a watercourse or drainage channel, approval for Integrated Development may also be required from the Office of Water and/or NSW Fisheries

 

3.7.10        Noise

 

Appropriate design standards and setbacks to the Pacific Highway and the railway line will be required to satisfy any requirements of the Roads and Maritime Services and State Rail.

 

Other Parts of this DCP or the Nambucca DCP 2010 may also require an acoustic assessment to be undertaken.

 

3.7.11        Adjoining Land Uses

The compatibility of a proposed development with adjoining land uses must be considered at the design stage. Where appropriate, land use buffers may be required to reduce the likelihood of land use conflict occurring.

 

3.8    Detailed urban design controls for significant development sites

 

The design is to be in accordance with the preliminary design and suit the context and character of the surrounding landscape.

 

3.9    Measures to encourage higher density living around transport, open space and service nodes

 

Higher density living on this site is not consistent with the desired future outcome of the site and is not supported.

 

3.10  Measures to accommodate and control appropriate neighbourhood commercial and retail uses

 

The desired future outcome of the site is for a highway service centre, with ancillary commercial activities

 


3.11  Suitably located public facilities and services, including provision for appropriate traffic management facilities and parking

 

The intent of the site is to encourage motorists to stop, revive and survive and to provide facilities to enable this. Any future DA for the site is to demonstrate how this will occur.

 

A development application for the site shall discuss compliance with appropriate design standards. 

 


 

APPENDIX 1 – PRELIMINARY DESIGN – SERVICE CENTRE AND REST AREA

 

 

 


Ordinary Council Meeting                                                                                            12 November 2015

General Manager's Report

ITEM 9.18    SF1963            121115         Defence of claim by Community Housing Ltd

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Community Housing Limited took action against this Council and other Councils who had made the same determination that they should pay rates.  In the first instance the Councils were successful in defending an appeal in the NSW Land and Environment Court.

 

By decision delivered on 19 October, the Court of Appeal which was constituted with three judges has now upheld the appeal by Community Housing Ltd with the councils being ordered to pay the costs of Community Housing Limited.

 

The outcome of the matter does have some important policy implications for all local government areas where the Department of Housing (Housing NSW) owns existing public housing stock.  Under the Housing Act 2001, NSW Housing are obliged to pay local government rates on these properties.  However if they are transferred to non-government organisations such as Community Housing Ltd then rates are not payable.

 

The legal action has cost Council $38,426 plus $11,851 for writing back three years of rates on 5 properties owned by Community Housing Ltd.                

 

 

Recommendation:

 

1        That Council note the NSW Court of Appeal has upheld an appeal by Community Housing Limited against a decision of the NSW Land & Environment Court concerning the rating of properties owned by Community Housing Ltd in the Clarence Valley, Parramatta City, Port Macquarie Hastings, Gosford, Coffs Harbour and Nambucca local government areas.

 

2        That Council make representations to the Minister for Social Housing, the Hon. Brad Hazzard, in relation to its concerns about the transfer of public housing from Housing NSW to various non-government organisations and the substantial loss of rate income which will flow from such transfers.  Further that the Minister introduce legislation which ensures that such organisations be required to pay Council rates on the public housing which they own.

 

3        That Local Government NSW be informed of Council’s concerns and representations.

 

 

OPTIONS:

 

The Marsden Law Group identify the option of seeking leave to appeal to the High Court.  However this is not recommended.

 

The only other option for Council is to make representations in relation to the cost shifting which is occurring with the transfer of what was hitherto public housing owned by the State of NSW to various non-government organisations.

 

DISCUSSION:

 

In January 2015 there was a report to Council on the outcome of a rating appeal involving Community Housing Limited which sought exemption from rates on properties it controls for the purpose of providing housing for disadvantaged people in the community.  The application was made on the basis that Community Housing Limited is a public charity and public benevolent institution and entitled to the exemption under section 556(1)(h) of the Local Government Act 1993.

 

Community Housing Limited took action against this Council and other Councils who had made the same determination that they should pay rates.  The other Councils which were party to the action were Clarence Valley Council, Parramatta City Council, Port Macquarie Hastings Council, Gosford Council and Coffs Harbour Council.  The Marsden Law Group acted as solicitors for all the councils.

 

The Court dismissed the proceedings and ordered Community Housing Limited to pay costs.  The judgement found that Community Housing Limited is not a public charity or public benevolent institution as referred to in the LGA.  However Justice Harrison only dismissed the application on a limited basis that having regard to the construction of the terms of the object clause in Community Housing Ltd’s constitution that they were not properly characterised as a public benevolent institution or public charity for the purposes of the Local Government Act.

 

Community Housing Limited then appealed this decision in the Court of Appeal.

 

By decision delivered on 19 October, the Court of Appeal which was constituted with three judges has now upheld the appeal by Community Housing Ltd with the councils being ordered to pay the costs of Community Housing Limited.  A copy of the advice from the Marsdens Law Group concerning the appeal is attached.

 

The outcome of the matter does have some important policy implications for all local government areas where the Department of Housing owns existing public housing stock.

 

In the Nambucca local government area, the Department of Housing (NSW Housing) have until recently been the registered owner of 240 residential properties.  Under the Housing Act 2001 NSW Housing are obliged to pay local government rates on these properties.  Assuming these properties are all on the minimum rate they having been paying in 2015 dollars 245 x $785 or a total of $192,325 per annum in rates.

 

Recently Housing NSW financed the purchase of 5 properties for Community Housing Ltd.  Also they have transferred management responsibility for a further 15 properties to Community Housing Ltd.  The concern is that Housing NSW will continue to transfer ownership of public housing to non-government organisations such as Community Housing Ltd and over time the Council will incur a significant short fall in rate revenue.   This is a classic example of cost shifting.

 

The Council should make representations to the Minister for Social Housing, the Hon. Brad Hazzard as well as to Local Government NSW in relation to this cost shifting.

 

 

CONSULTATION:

 

Chris Wills – Rates Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no significant social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The financial risks to Council are discussed in the report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The Council’s legal costs to date, excluding what we will be required to pay in costs is $38,426.

 

The Council has also had to write back the outstanding rates on the 5 properties owned by Community Housing Limited over a period of three years.  The total of the rates write back was $11,851.

 

Source of fund and any variance to working funds

 

There is no impact on working funds at this stage.  The legal costs paid to date are within the budget provision.  Depending on the quantum of costs that Council has to pay to Community Housing and other legal costs which may be incurred over the year, there may be an impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact on service levels.

 

Attachments:

1

35046/2015 - Advice  of decision handed down

 

  


Ordinary Council Meeting - 12 November 2015

Defence of claim by Community Housing Ltd

 








 


Ordinary Council Meeting                                                                                            12 November 2015

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2025            121115         Consultation on Local Government Reform

 

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

 

Summary:

 

The NSW Government has announced a final period of consultation, regarding IPART’s report and its assessment of council proposals under the Fit for the Future reforms, which was released on 20 October 2015.  The opportunity for feedback will close on Wednesday 18 November 2015.

 

It is recommended that Council acknowledge IPART’s finding in relation to Nambucca Shire’s Fit for the Future Proposal and confirm Council’s commitment to continuing to deliver the reforms aimed at meeting the Fit For the Future benchmarks by 2020.

 

 

Recommendation:

 

That Council make a submission to the Department of Premier and Cabinet acknowledging that Council accepts IPART’s findings in relation to Nambucca Shire’s Fit for the Future Proposal and confirming Council’s commitment to continuing to deliver the reforms aimed at meeting the Fit for the Future benchmarks by 2020.

 

 

OPTIONS:

 

Council can choose not to make a submission.

 

 

DISCUSSION:

 

The NSW Government has announced a final period of consultation, regarding IPART’s report and its assessment of council proposals under the Fit for the Future reforms, which was released on 20 October 2015.  The opportunity for feedback will close on Wednesday 18 November 2015.

 

Submissions are to be made using an online form which restricts the format and content of the submission.

 

The form is divided into two sections; the first is a chance to respond to IPART’s report and its assessment of council proposals under the Fit for the Future reforms.

 

 

 

On the basis that Nambucca was judged “fit” It is recommended that Council simply acknowledge that it accepts IPART’s finding and is committed to delivering the continuing reform outlined in the Council Improvement Proposal.

 

The key reforms and targets that are contained in the proposal are summarised in the attached document Nambucca Strategies and Outcomes – Council Improvement Proposal.

 

The second section of the form is for merger proposals for Councils that did not meet the Scale and Capacity criteria or neighbour a Local Government Area that didn’t meet the criteria.  Both Kempsey and Bellingen Shires were judged unfit, however both met the scale and capacity test.  Nambucca does have a very small border with Armidale Dumaresq Shire that did not meet scale and capacity.  The Shires join at a single point and the boundary is so small that it can be ignored for practical purposes.  It is recommended that the second half of the form is left blank.

 

 

 

 

The format of the merger suggestions is included below as it helps form a picture of the nature of the feedback requested by the State.

 

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT AND FINANCIAL IMPLICATIONS:

 

The nature of submission is to note Council has considered the recommendations of IPART and there is no sustainability or financial impacts.

 

 

 

Attachments:

1

34325/2015 - Nambucca Shire Strategies and Outcomes – Council Improvement Proposal

 

  


Ordinary Council Meeting - 12 November 2015

Consultation on Local Government Reform

 

Text Box: 3 Nambucca Shire Strategies and Outcomes – Council Improvement Proposal

3.1 Sustainability

Objective

Strategies

Key milestones

Outcome

Impact on other measures

1.Achieve Operating Surplus

a) Complete review of depreciation methodology

2015 Transport Asset Revaluation is accepted by auditors

Reduces depreciation expense by approx $1.7M

Has a positive impact on asset renewal ratio

 

b) Complete review of LTFP expenditure

 

Revised LTFP adopted by Council

Reduces discretional operational expenditure to funding limits

Has a positive impact on efficiency benchmark

 

c) Review operations and accounting for gravel resheeting

Gravel resheeting program implemented.  (replaces reactive spot patching)

Gravel resheeting recorded as capital expenditure not operational expense

Has a positive impact on the asset renewal ratio.  Neutral impact on asset maintenance ratio

 

Objective

Strategies

Key milestones

Outcome

Impact on other measures

 

d) Review operation and accounting for sealed road rehabilitation by segment 

 

Sealed road rehabilitation program replaces heavy patching program

 

Sealed road rehabilitation is program by segment, replaces spot heavy patches for failed pavements.  Will be captured on asset management systems. Will be recorded as capital expenditure not operational expense

Has a positive impact on the asset renewal ratio.  Neutral impact on asset maintenance ratio

 

e) Review the requirement for a 1% SRV in 2018

LTFP 2018-2028 indicates an Operating Performance Ratio >0 in 2020

Council’s Operating Performance Ratio >0 in 2020

Additional funding could benefit asset renewal ratio or asset maintenance ratio.  Will improve debt service ratio.

2.Improve asset renewal ratio

refer 1 a)

review of depreciation methodology

2015 Transport Asset Revaluation is accepted by auditors

Decreased depreciation

Improves operating performance ratio

Objective

Strategies

Key milestones

Outcome

Impact on other measures

 

Refer 1 c) and 1 d) reform or gravel resheeting and sealed pavement rehabilitation.

Gravel resheeting program

Sealed road rehabilitation program.

Decreased operational expenditure, increased expenditure on asset renewals.

Improves operating performance ratio.

 

Review works program contained in transport assets asset management plans.

New works program produced.

Works program aligned with available funding and asset management practices.

New funding program may change borrowing program and Debt Service Ratio.

 


 

 

3.2 Infrastructure and service management

Objective

Strategies

Key milestones

Outcome

Impact on other measures

1.Improve Infrastructure Backlog Ratio

a) Apply JRA risk based assessment to identify backlog ratio

 

Methodology accepted by auditors for period ending June 2015

Backlog ratio can be audited

Nil

b) Backlog ratio calculation subjected to audit

The Ratio produced by the JRA method is confirmed by Council’s auditors

Backlog ratio is audited as part of special schedule 7 for period ended June 2016

Nil


 

 

3.3 Efficiency

Objective

Strategies

Key milestones

Outcome

Impact on other measures

1.Hold employment cost in real terms

a) Review each vacancy to ensure the role is essential to the organisation.

b) Rely on contractors and labour hire to accommodate seasonal variation in work load.

c) Continue to embrace new technology and work methods that enhance labour productivity.

FTE do not exceed 114 in period to June 2020

 

 

 

 

 

 

Hold or reduce FTE Staff Number

Fits with the more flexible workforce plan for field staff.

 

Reflects staff numbers after recent reforms

 

3.3 Efficiency

Objective

Strategies

Key milestones

Outcome

Impact on other measures

2.Service review using the ACELG Methodology

(Nambucca is at the very start of this process)

Internal team already established.  External facilitator appointed and commenced work.

1.   About to finalise list of services and associated costs

2.   Identify service for first review    

1.   Establish internal team

2.   Collect data

3.   Analysis

4.   Develop recommendations

5.   Implement change

6.   Evaluation & reporting

1.   Clarify the need for the service

2.   Establish how to best met that need.

3.   Changes made to service delivery.

Improve Operating Performance ratio


 

Text Box: 33.4 Improvement Action Plan

 

Summarise the key improvement actions that will be achieved in the first year of your plan.

 

Action plan

Actions

Milestones

1.   Continued development of the asset management systems

2nd Generation Plans adopted for transport asset

One page community reporting developed

*

A more detailed analysis Maintenance requirements developed for inclusion in asset management plans

 

Continued refinement of matching available capital budget to forward works programs

 

Asset Management Maturity Assessment.

 

Implementation of  JRA lifecycle approach to managing long life assets in perpetuity

2.    Full implementation of risked based condition assessment

2015 revaluation of transport assets receives an unqualified opinion from Council’s Auditors

 

2015 methodology audit of preparation of schedule seven approved as reasonable and reliable by Council’s Auditors

 

2016 Audit of Schedule 7 receives an unqualified opinion from Auditors.

3.   Implement Gravel Resheeting Program

2015-16 Resheeting Program Scheduled

 

Methodologies to capture and record resheeting work are implemented.

4.   Integrated Water Cycle Management Plan reviewed

2015-16 review of the Integrated Water Cycle Management Plan Completed.

5.   Implement new rehabilitation methods for sealed roads.

Implement segment stabilisation program and associated data capture.

 

Develop rehabilitation program for inclusion in the capital works program

6.   Model impact of the takeover of the old Pacific Highway assets

List of assets finalised with RMS

 

Asset Management data for affected assets received by Council

 

Compensation Package from RMS finalised

 

Additional assets recognised in Council’s AM systems, works programs and forward planning.

7.   Contain costs in real terms

FTE staff not to exceed 114 permanents

 

Expenditure benchmarked against prior years as part of the budget preparation cycle

8.   Ongoing forecasting of FFtF Benchmarks as part of Budget Preparation.

FFtF benchmarks projections presented with draft budget each year

 

Need for 1% additional rate revenue reviewed in 2018.

 


 

Text Box: 4 


4.1  Expected improvement in performance

 

Measure/

benchmark

2014/15

2015/16

2016/17

2017/18

2018/19

2019/20

Achieves FFTF benchmark?

Operating Performance Ratio

(Greater than or equal to break-even average over 3 years)

-18.8%

-12.5%

-6.7%

-1.2%

-0.3%

1.2%

Yes

 

Own Source Revenue

Ratio (Greater than 60% average over 3 years)

54.7%

56.8%

58.4%

71.2%

73.5%

74.0%

Yes

Building and Infrastructure Asset Renewal

Ratio (Greater than100% average over 3 years)

70.4%

81.8%

100.5%

106.8%

93.4%

78.7%

No

Infrastructure Backlog Ratio

(Greater than 2%)

1.2%

1.2%

1.2%

1.2%

1.2%

1.1%

Yes

Asset Maintenance Ratio 

(Greater than 100% average over 3 years)

86.9%

102.9%

103.2%

101.6%

101.3%

100.2%

Yes

Debt Service Ratio

(Greater than 0% and less than or equal to 20% average over 3 years)

6.21%

7.09%

7.56%

8.55%

8.97%

8.91%

Yes

Real Operating Expenditure per capita

A decrease in Real Operating Expenditure per capita over time

$1.36

$0.98

$0.91

$0.89

$0.87

$0.85

Yes


Ordinary Council Meeting - 12 November 2015

Consultation on Local Government Reform

 

Text Box: 55. Putting your plan into action

 

How will your council implement your Improvement Action Plan?

 

The plan is already embedded in the Council’s Integrated Planning and Reporting (IPR) documents.  The IPR process has a robust delegation and responsibility framework.


Ordinary Council Meeting                                                                                            12 November 2015

Corporate Services

ITEM 10.2    SF2025            121115         IPART Assessment Of Fit For The Future Proposals

 

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

 

Summary:

 

IPART has released its assessments of NSW Councils Fit for the Future Council Improvement Proposals.  Nambucca Shire Council has been judged fit.  Sixty per cent of Councils were found not to be fit. Those Councils found not to be fit have until the 18 November 2015 to respond with an alternate proposal.  The State Government has undertaken to respond to the report before the end of 2015.

 

 

Recommendation:

 

1.       That Council note that IPART assessed Nambucca Shire Council as “Fit” for Fit for the           Future.

 

Plus suggested additional recommendation from GM:

 

2.       That Council formally congratulate and thank the Assistant General Manager Corporate           Services and his staff for their work in developing Council’s Fit for the Future response.

 

 

OPTIONS:

 

This report is for information, no options are presented.

 

 

DISCUSSION:

 

IPART has released its assessments of NSW Councils Fit for the Future Council Improvement Proposals. Nambucca Shire Council has been judged fit.  The report accepts that Nambucca’s Proposal demonstrates that Council has the required scale and capacity to effectively deliver services to Shire residents.  The report also accepts that Nambucca has a creditable plan to improve performance and meet the Fit for the Future benchmarks by 2020.  An extract from the report that details IPART’s assessment of Nambucca’s proposal is attached.  The full report is available at http://www.ipart.nsw.gov.au/.  Sixty per cent of NSW Council have been judged “unfit”, a colour coded map is also attached for reference.

 

Councils that were judge “unfit” have until 18 November 2015 to respond with alternative proposals.  The NSW Government has undertaken to respond to the report before the end of 2015 and that all Council will then know where they stand in relation to the local government reform process.  A “Next Steps” fact sheet produced by the Office of Local Government is attached for information.

 

A Stronger Communities Funding program has also been announced.  Merging Councils will be assisted with amalgamations costs  and the program provides funding to give “new councils a head start on community infrastructure projects like sporting fields, libraries, or parks”  (Fact Sheet is attached)  Nambucca Shire does not currently qualify for any of this funding but will benefit from the new T Corp Borrowing Facility available to Local Government.  This promises cheaper loans by virtue of being able access funding at the same borrowing costs as the State of NSW.

 

 

CONSULTATION:

 

General Manager

 

Comment from the GM

 

The work of Council’s AGMCS and other staff who were involved in formulating Council’s response to the Fit for the Future criteria needs to be acknowledged and applauded.  This Council’s assessment as being fit for the future, both in terms of scale and capacity as well as the financial criteria has enhanced this Council’s reputation in the community and in government and has provided confidence to those who have been involved in making difficult decisions that there is, “light at the end of the tunnel”.  We are only at the start of the tunnel and there is still a long way to go but there is room for some optimism.

 

 

SUSTAINABILITY ASSESSMENT:

 

This report is for information and updates Council on recent developments in the Local Government reform process.  Of note is that IPART accepts that Nambucca has the scale and capacity to deliver services to residents, this aligns with the recommendation of the Independent Review into Local Government.  IPART also accepts that Council submitted a creditable plan to improve performance against the Fit for the Future benchmarks.

 

FINANCIAL IMPLICATIONS:

 

Council submission projects results for the seven Fit For the Future benchmarks.  The submission included action plans to deliver improved performance.  2020 is the critical year to achieve these benchmarks.  Future budgets and service levels will have to reflect these undertakings.

 

Attachments:

1

33447/2015 - Fit for the Future Fact Sheet - Next Steps

 

2

33445/2015 - fit for the future Fact Sheet - Funding

 

3

33448/2015 - Fit For the Future Map Councils Fit and Unfit

 

4

33449/2015 - Fit for the Future  Nambucca Assessment Extract

 

  


Ordinary Council Meeting - 12 November 2015

IPART Assessment Of Fit For The Future Proposals

 


Ordinary Council Meeting - 12 November 2015

IPART Assessment Of Fit For The Future Proposals

 


Ordinary Council Meeting - 12 November 2015

IPART Assessment Of Fit For The Future Proposals

 


Ordinary Council Meeting - 12 November 2015

IPART Assessment Of Fit For The Future Proposals

 


Ordinary Council Meeting                                                                                            12 November 2015

Assistant General Manager Corporate Services Report

ITEM 10.3    SF544              121115         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 19 November 2015 to 17 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 19 November 2015 to 17 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 - 12 November 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 - 12 November 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