NAMBUCCA

SHIRE COUNCIL’S

CENTENARY    MEETING

 


Ordinary Council Meeting

AGENDA ITEMS

15 December 2015

 

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

 

Our Vision

Nambucca Valley ~ Living at its best.

 

Our  Mission Statement

 

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

 

Our Values in Delivery

·                Effective leadership

·                Strategic direction

·                Sustainability of infrastructure and assets

·                Community involvement and enhancement through partnerships with Council

·                Enhancement and protection of the environment

·                Maximising business and employment opportunities through promotion of economic development

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

·                Actively pursuing resource sharing opportunities

 

Council Meetings:  Overview and Proceedings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Meeting Agenda -

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


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 15 December 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 - 26 November 2015.............................................................................. 6

5        NOTICES OF MOTION  

6        PUBLIC FORUM

i)           Shared Community Telecare Trial

          Mr Cory Steinhauer -  RFW’s Community Development Manager

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.................................................................................... 14

9.2     Tender T008/2015 Provision of Legal Services (Panel)...................................................... 22

9.3     Review of Policy - Sustainable Fleet and Plant................................................................. 24

9.4     Ranger Workload and Options for Enhancing Role........................................................... 30

9.5     Provision of Council Flood Data to the Insurance Industry................................................ 37

9.6     Minutes of the Nambucca Shire Council Access Committee meeting held 27 October 2015 40

9.7     Minutes of the Nambucca Shire Council Access Committee meeting held 24 November 2015 44

9.8     Deletion of Council Policies............................................................................................ 48

9.9     Outstanding DAs greater than 12 months OR where submissions received - 19 November - 4 December 2015.............................................................................................................................. 57

9.10   2015 November - Development Applications Received and Complying Development Applications Received ....................................................................................................................... 60

9.11   2015 November - Construction Certificates and Complying Development Certificates Approved 64

9.12   Council Ranger's Report November 2015......................................................................... 68

9.13   Valla Urban Growth Area - Development Control Plan for future Service Centre, 5 Boggy Creek Road, Valla.............................................................................................................................. 72

9.14   DA2015/179 - Dwelling House - 20 Panorama Parade Scotts Head - variation to clause 4.3 of Nambucca LEP - 'Height of Buildings'............................................................................. 85

10      Assistant General Manager Corporate Services Report

10.1   Investment Report to 30 November 2015........................................................................ 107

10.2   Grant Application Status Report ................................................................................... 112

10.3   Schedule of Council Public Meetings............................................................................. 116

10.4   Valla Public Hall Committee of Management AGM - 20 August 2015 - Minutes................. 117

10.5   Talarm Hall Committee of Management - Minutes of Annual General Meeting - 23 November 2015.................................................................................................................................... 122


11      Assistant General Manager Engineering Services Report

11.1   Nambucca Shire Traffic Committee Meeting Minutes - 1 December 2015.......................... 128    

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

12.1   Tender T008/2015 Provision of Legal Services - Summary & Comparison of Tenders

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

 

12.2   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.

 

12.3   General Manager's Performance Review

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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

  

            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 26 November 2015

The following document is the minutes of the Ordinary Council meeting held 26 November 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Tuesday 15 December 2015 and therefore subject to change.  Please refer to the minutes of 15 December 2015 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Kim MacDonald

Cr Paula Flack

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Monika Schuhmacher (Minute Secretary)

 

 

 

APOLOGIES

 

Cr Bob Morrison

Paul Gallagher (AGM Engineering Services)

 

 

DISCLOSURE OF INTEREST

 

Councillor J Ainsworth declared a pecuniary interest in Item 9.4 Outstanding DAs greater than 12 months OR where submissions received - 4 November - 18 November 2015 under the Local Government Act as Cr Ainsworth is a property owner in the Gumma area.  Cr Ainsworth left the meeting when this was being discussed.

 

Councillor K MacDonald declared a non-pecuniary less significant conflict of interest in Item 9.9 Development Application - Use of Building as Depot under the Local Government Act as Cr MacDonald’s employer may tender for fuel to the business at some time as they do for a number of other businesses.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 November 2015

 

2103/15 RESOLVED:       (South/MacDonald)

 

That the minutes of the Ordinary Council Meeting of 12 November 2015 be confirmed.


 

 

DELEGATIONS

 

RESOLVED:

 

That the following delegations be heard:

 

ITEM 10.3    Year End Financial Statements – 30 June 2015

          i)        Mr Geoff Allen of Forsyths – Presentation to Council

 

ITEM 9.5      Use of the Macksville Senior Citizens Centre for Seniors Fitness Classes conducted by Mr Paul Foley

          i)        Mr Paul Foley                  Objector

          ii)       Ms Jane Richardson        Objector

 

ITEM 9.9      Development Application - Use of Building as Depot AND

ITEM 9.10    Response to Applicants Proposed Changes to Conditions of Consent

          i)        Ms Anna Sexton              Objector

          ii)       Mr Jonathan Kendall        Objector

          iii)      Mr Neale Howle               Applicant

          iv)      Mrs Simone Howle           Applicant

 


 

 

ITEM 10.3    SF1974              261115      Year End Financial Statements – 30 June 2015

2104/15 RESOLVED:       (Ainsworth/Flack)

 

1        That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2015 be received.

 

2        That Mr Allen be thanked for his presentation and that the Assistant General Manager Corporate Services, the Accountant and Finance staff be congratulated on their effort.


 

 

DELEGATIONS continued

 

Mr Foley addressed Council making the following points:

 

Ms Jane Richardson addressed Council to a prepared statement which is on file SF366.

 

ITEM 9.5      SF366                261115      Use of the Macksville Senior Citizens Centre for Seniors Fitness Classes conducted by Mr Paul Foley

2105/15 RESOLVED:       (Ainsworth/MacDonald)

 

That Mr Foley be charged a fee of $15 per session (two hours) for the use of the Macksville Senior Citizens Centre for Seniors Fitness Classes for the balance of the financial year and then reviewed; and also, that Council continues to look for opportunities for grant funding to assist the Stronger for Longer program to continue. 


 

DELEGATIONS continued

 

Mr Jonathan Kendall addressed Council making the following points:


 

Mr Neale Howle addressed Council making the following points:

·    It will be small business that keep people employed after the highway upgrade is complete

·    When trucks are idling all pre start checks, bookwork etc are undertaken by the drivers

 

ITEM 9.9      DA2015/093        261115      Development Application - Use of Building as Depot

2106/15 RESOLVED:       (Ainsworth/MacDonald)

 

1        That Council as the consent authority, pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/093 for the use of existing buildings on site as a depot incorporating the operation of an existing water carting business on lot 202 DP 841112, subject to the schedule of conditions in attachment 2 of the late report with a modification to condition 17 to provide as follows:

 

                   Condition 17 The use of the truck depot to service vehicles and machinery for commercial gain that are not associated with the development is not permitted under this development consent.

 

2        That Council note the submission in the confidential report.

 

For the motion:               Councillors Hoban, South, MacDonald, Ainsworth, Smyth, Flack and Ballangarry                                  (Total 7)

Against the motion:         Nil

 

 

ITEM 9.10    DA2015/093        261115      Response to Applicants Proposed Changes to Conditions of Consent

As per Item 9.9 above.


 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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


 

 

General Manager Report

 

ITEM 9.1      SF959                261115      Outstanding Actions and Reports

2107/15 RESOLVED:       (Ainsworth/MacDonald)

 

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


 

ITEM 9.2      LF6902               261115      Section 88b Instrument - Request Removal of Restriction - T100659 Lot D DP 420534 Wallace Lane Macksville

2108/15 RESOLVED:       (MacDonald/Ainsworth)

 

That Council revise the restriction to read – The status of the existing carpark to remain consistent in any future development of the site.


 

 

ITEM 9.3      SF1855              261115      Macksville Traffic Study Outcomes and Revitalisation Strategies

2109/15 RESOLVED:       (Ainsworth/South)

 

1        That Council update the revitalisation plan to incorporate the recommendations of the traffic study except for the configuration of traffic lights.

 

2        That Council proceed to prepare final concept plans for the Macksville CBD taking into consideration the options presented by the Traffic Consultant and the recommendations in this report including:

 

          - on footpath landscaping including trees and garden beds

          - mountable roundabout at Princess Street and River Street.

 

3        That a report come to Council regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by pass.

 

4        That the mountable roundabout be added to the concept plan as an option for comment.


 

 

Cr Ainsworth left the meeting during this item as some discussion was in regard to Gumma Reserve at 7.13 pm and returned after the conclusion of the item at 7.14 pm.

 

ITEM 9.4      SF2038              261115      Outstanding DAs greater than 12 months OR where submissions received - 4 November - 18 November 2015

2110/15 RESOLVED:       (MacDonald/South)

 

That the information be noted by Council.

 

2111/15 Resolved:       (Flack/Smyth)

 

That Council provides rate payers with information regarding the need for development approval for certain developments as a public awareness raising exercise.


 

 

Item 9.5 was dealt with under Delegations.


 

 

ITEM 9.6      SF2086              261115      Classification of Lot 2 DP 1173066, 6857 Pacific Highway, Valla

2112/15 RESOLVED:       (South/MacDonald)

 

That land known as Lot 2 DP 1173066, 6857 Pacific Highway, Valla, which is being acquired by Nambucca Shire Council be classified as operational land.


 


 

ITEM 9.7      SF848                261115      Obtaining a Dividend from the 2015 Surplus in Council's Water Operations

2113/15 RESOLVED:       (Flack/South)

 

1        That Council resolve that it has achieved the required outcome for the six criteria in Table 1 of the Best Practice Management of Water Supply and Sewerage Guidelines for its water supply business being:

 

          (i)       Complete Strategic Business Plan (including Financial Plan)

 

          (ii)      Pricing with full cost-recovery, without significant cross subsidies

                   Complying charges

                             (a)      Residential

                             (b)      Residential Revenue from Usage Charges at least

                                                50% in 2006/2007

                                                60% in 2007/2008

                                                75% in 2008/2009

                             (c)      Non-residential

         

                   DSP with Commercial Developer Charges

 

          (iii)     Complete Performance Reporting Form by 15 September each year.

 

          (iv)     Sound Water Conservation implemented

 

          (v)      Sound Drought Management implemented

 

          (vi)     Integrated Water Cycle Management Strategy

 

2        That Council forward the necessary documents to the NSW Office of Water seeking their approval for the payment of a dividend from the water supply surplus.

 

3        That any dividend from a surplus in water supply and sewerage businesses be held in an internally restricted reserve to be expended only on the capital renewal of road and bridge assets.

 

4        Council note the proposed review of the Integrated Water Cycle Management Strategy to commence in the first half of 2016.


 

 

ITEM 9.8      SF1910              261115      Donation to the Nambucca River Festival - Waste Processing Costs

2114/15 RESOLVED:       (MacDonald/South)

 

That Council support a donation to the Nambucca River Festival equivalent to the cost of processing the Festival’s collected mixed and recyclable waste.


 

Item 9.9 and 9.10 were dealt with under Delegations.


 

 


General Manager Report – LATE

 

ITEM 9.11    SF979                261115      Purchase of Computer Software in Conjunction with Gloucester, Kempsey and Bellingen Councils for Service Reviews

2115/15 RESOLVED:       (Ainsworth/Smyth)

 

1        That Council commit $25,050 for the purchase of the RevuMap software for use in service reviews to be undertaken in conjunction with Bellingen, Kempsey and Gloucester councils.

 

2        That provision for this expenditure be made in the next quarterly budget review.


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF251                261115      Schedule of Council Public Meetings

2116/15 RESOLVED:       (Flack/South)

 

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


 

 

ITEM 10.2    SF306                261115      Burrapine Public Hall Committee of Management - Minutes of Annual General Meeting - 8 November 2015

2117/15 RESOLVED:       (Ainsworth/Flack)

 

That Council endorse the Minutes of the Committee of Management for the Burrapine Public Hall’s Annual General Meeting held on 8 November 2015 and thank the outgoing Committee for their work in the past twelve months.


 

 

Item 10.3 was dealt with under Delegations.


 

 

ITEM 10.4    SF2126              261115      September 2015 Budget Review

2118/15 RESOLVED:       (Ainsworth/Ballangarry)

 

1        That the budget review for the quarter ended 30 September, 2015 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2015/2016.

 

2119/15 Resolved:       (MacDonald/Ainsworth)

 

3        That in relation to the cost of the Pacific Highway handover consultant, that Council request the RMS to cover the cost.


 

 

ITEM 10.5    SF134                261115      Annual Report 2014-2015

2120/15 RESOLVED:       (Ainsworth/MacDonald)

 

That Council note the completion of the 2014/2015 Annual Report and that the 2014/2015 Annual Report will be placed on Council’s website and advice be forwarded to the Minister for Local Government as required.


 

 

Assistant General Manager Corporate Services Report – LATE

 

ITEM 10.6    SF1974              261115      Year End Financial Statement - 30 June 2015 - Addendum to Item 10.3

Recommendation:

 

This was determined with Item 10.3 above.


 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF86                  261115      Appointment of State Emergency Service Acting Volunteer Local Controller

2121/15 RESOLVED:       (Ainsworth/South)

 

That Council acknowledges the advice of the appointment of Peter Shales as the Local Controller for the Nambucca Local Government area for a 2 year period commencing 29 September 2015.


 

 

ITEM 11.2    SF1676              261115      Capital Works Report - September 2015

2122/15 RESOLVED:       (MacDonald/Ballangarry)

 

1        That the Capital Works Report for the first quarter of the 2015/16 financial ending 30 September 2015 be received and noted.

 

2        That Council endorse the proposed variation to the electricians van and place the $20,000 allocation back into the plant reserve and note the van has been placed on a five year plant replacement cycle as per other commercial vehicles in Council and the variation be included in the December 2015 budget review.


 

 

ITEM 11.3    SF818                261115      Bowra Dam - Variation to Licence Conditions for Environmental Release

2123/15 RESOLVED:       (Flack/Ainsworth)

 

That Council:

 

a   Request NSW Public Works to provide a fee proposal to prepare a Review of Environmental Factors on the impacts of capturing a percentage of runoff from high rainfall events to assist in maintaining water levels in Bowra Dam during operation and delegate authority to the Assistant General Manager Engineering Services to approve their engagement should the proposal be considered reasonable.

 

b   Approve the allocation of up to an amount of $15,000 being additional funding to the Dam Operation budget to cover the cost of the fee proposal and report the amount through the quarterly budget review.

 

c   Submit the REF to DPI – Water with a request that Council’s Manager Water and Sewerage be given the opportunity to meet with stakeholders to present Council’s case for the proposed licence variation.


 


 

ITEM 11.4    SF1031              261115      Draft Water Supply Policy

2124/15 RESOLVED:       (MacDonald/South)

 

That Council adopt the new Water Supply Policy (Our Ref: 17106/2015) which makes the following policies redundant:

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

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

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

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

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

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


 

 

ITEM 11.5    SF453                261115      Waste Management - Coffs Coast Region Resource Recovery & Waste Management Strategy

2125/15 RESOLVED:       (MacDonald/Ainsworth)

 

1        That Council adopt the Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027.

2        That, following the adoption of the Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027 by Bellingen Shire Council and Coffs Harbor City Council, Nambucca Shire Council move to implement the Strategy in conjunction with our partner Councils.


    

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.00 pm. 

 

Confirmed and signed by the Mayor on Tuesday 15 December 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

          


Ordinary Council Meeting                                                                                            15 December 2015

General Manager

ITEM 9.1      SF959              151215         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

A timeline has now been provided by WMA water as follows:

Mid Jan - draft study & plan to OEH and council for comment

Early Feb - WMA water revise draft

Mid Feb – draft study & plan provided to Council

Mid/Late Feb – study & draft plan considered by Estuary Committee.  Presentation by WMA water

March – report to Council to seek resolution to place on exhibition

March/April – exhibition of study and draft plan

Late April – consider feedback from exhibition

May – distribute feedback & any recommended changes

May – report to Council for adoption.

 

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.

 

Biosecurity Act 2015 No 24 – No further action will be undertaken on the Policy review pending advise on the new Act and a further report will be provided to Council.

Before the Biosecurity Act can commence, regulations, other legal instruments and policies and procedures need to be reviewed and developed, a Biosecurity Advisory Committee has been established. The present policy will remain current

The Biosecurity Act 2015 was assented to in September 2015 and is expected to come into effect in 2017. The regulations, other legal instruments, policies and procedures that will underpin the Biosecurity Act are currently being developed

The Biosecurity Act achieves a NSW Government commitment to introduce contemporary biosecurity legislation by 2015, and supports national commitments under the Intergovernmental Agreement on Biosecurity.

The Biosecurity Act wholly or partly replaces 14 pieces of existing biosecurity legislation with a single, enabling Act. A consistent approach to managing biosecurity risks to the economy, environment and the community will make it easier for stakeholders and regulators to effectively manage biosecurity risks.

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 issued 30 November 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).  Further deferred pending announcements from NSW Government as to proposed structural reforms (amalgamations) of Councils and the creation of JO’s and likely transitional arrangements which will apply.

 

DECEMBER 2014

8

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

9

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

10

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

11

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.

 

A Casual Ranger has been secured to backfill the Ranger’s position whilst he’s on leave.  Still awaiting advice from Bellingen Shire Council about sharing Council’s pound and undertaking weekend pound maintenance, turnabout.  Suggest deferring report to December or early 2016

 

12

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

13

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

14

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.

 

Nil response from the Minister to date, another letter sent 3 December

SEPTEMBER 2015

15

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.

 

Report when CPG available to attend Council.

16

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

17

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

18

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

19

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

 

Report to December 2015

 

Report to January 2016

20

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

21

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

Actions 1 and 2 of Councils direction to take clean up action require site investigation reports to be submitted to Council by 21 December 2015 (TRIM: 30527/2015).

 

The pistol club have advised that they have engaged a consultant to undertake the investigations. They have requested an extension in time to comply with the notice as they intend to apply for state funding to undertake the required actions. The Member for Oxley’s office has  telephoned Council to advise that they have agreed to provide the pistol club with information on potential grants which they may be eligible for. Applications for those grants would not open until next year.

 

The pistol club has been advised that if they intend to seek an extension on the timeframe to undertake the required investigations, they need to submit quotes for the actions to be undertaken and details of grant applications they intend to apply for to be considered by Council.

 

To date, a response from the pistol club has not been forthcoming.

 

An extension of time to undertake the work is reasonable considering confirmation of grant funding will be earlier and less costly than Council commencing proceedings for failure to comply with the notice.

 

22

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.  Coffey Geotechnics have telephoned the GM advising that a response would be forthcoming.

23

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).

24

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.

NOVEMBER 2015

25

PRF30

12/11/15

That Council approach the Minister for Primary Industry, Land & Water advising him of the present situation (with the Rotary Lookout) and that Council is willing to providing matching funding to the funding provided by Rotary and requesting the Minister reconsider their allocation of funds…

 

GM

Letter sent 17/11/2015

26

SF532

12/11/15

That the DCP for the Service Centre at Valla be deferred to the first meeting in December.

 

GM

Report 15/12/2015

27

SF1963

12/11/15

Council make representations to the Minister for Social Housing in relation to its concerns about the transfer of public housing to various non-government organisations and the substantial loss of rate income which will flow from such transfers….

 

GM

Letter sent 17/11/201531

28

SF2068

12/11/15

Council receive a future report on the preferred treatment options & procurement process to gain the most economical outcome for the recycled water scheme at the Bowraville STP.

 

AGMES

Report in 2016

29

SF1855

26/11/15

That a report come to Council regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.

 

GM

Report late 2017

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                            15 December 2015

General Manager's Report

ITEM 9.2      T008/2015        151215         Tender T008/2015 Provision of Legal Services (Panel)

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

An open tender was conducted through Tenderlink which closed on 22 October 2015 with a total of (9) nine tender submissions being received.

 

It is proposed that Council appoint a panel of firms for the provision of legal services to Council for a 5 year period commencing 1 February 2016 to 31 January 2021.

 

 

Recommendation:

 

That Council accept the tenders of the Marsden Law Group, Wilshire Webb Staunton Beattie and Terry Perkins Solicitor and Attorney as a panel for the provision of legal services to Council for a 5 year period commencing 1 February 2016 to 31 January 2021 with the engagement of Mr Perkins being restricted to conveyancing, contracts and other non-litigious matters.

 

 

OPTIONS:

 

1.       Accept the recommendation.

2.       Not accept the recommendation and select other firms to participate on the panel of legal service        providers

3.       Not appoint any legal service providers and undertake another tender.

 

DISCUSSION:

 

In response to the tender for the provision of legal services Council received the following tenders for the provision of legal services (in alphabetical order).

 

Hones Lawyers

HWL Ebsworth

Kenny Spring Solicitors

Local Government Legal

Marsden Law Goup

Norton Rose Fulbright Australia

Paul Stubbs Law Office

Terry Perkins Solicitor and Attorney

Wilshire Webb Staunton Beattie

 

A summary and comparison of the tenders for the provision of legal services in accordance with the criteria nominated by Council is contained in a report in closed meeting.

 

It is recommended that Council accept the tenders of the Marsden Law Group, Wilshire Webb Staunton Beattie and Terry Perkins Solicitor and Attorney for the provision of legal services to Nambucca Shire Council.

 

CONSULTATION:

 

Assistant General Manager Corporate Services

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are risks inherent in selecting contractors to provide any service.  The risk is not selecting the contractor/s who provide Council with the best mix of skills at the cheapest price.  Equally there is a risk in not going to market and accepting the same legal service providers.  It is assessed that the lesser risk is in going to market and testing the quality and pricing of services which are provided to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no budgetary implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is a considerable amount of work required to prepare and assess a tender.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            15 December 2015

General Manager's Report

ITEM 9.3      SF1031            151215         Review of Policy - Sustainable Fleet and Plant

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council’s policy on the purchase of motor vehicles is not reflecting the cost of acquiring and operating Council’s fleet of 20 motor vehicles, 12 of which are “leased back” to staff with the remaining 8 being “salary packaged”.  The staff who use the “leased back” vehicles currently pay the Council $124.87 per week.

 

In relation to the selection of vehicles there is a provision in Council’s policy for the capital value of vehicles to increase by the CPI.  However increases in the cost of new cars has not necessarily followed the CPI and indeed for some makes and models there has been no or little increase in price. 

 

It is proposed that the cap on the capital value of motor vehicles be deleted from the policy and instead Council continue with its practice of offering a limited range of the cheapest base model “family” cars such as the Holden Captiva, Holden Commodore, Mitsubishi Outlander, Hyundai ix35 and Subaru Forester.  Of course if an employee’s circumstances are such that they do not need such a large car, then under the leaseback arrangements a smaller, cheaper car can be purchased with a consequent reduction in the leaseback payment the staff member is required to pay.

 

Secondly, the resolution to increase leaseback fees by 10% per year for 5 years has meant that the Council’s leaseback fees to its staff have now “outstripped” the required increase as determined by a spread sheet calculator issued by the Public Employment Office and LG NSW Guidelines for the purpose of determining leaseback rates.

 

In response to this it is proposed that Council’s leaseback fees be revised to the recommended $114.97 effective from 1 July 2015 and thereafter be increased in accordance with the Guidelines.  This will mean for those staff paying for leaseback vehicles they will have a small credit for the year which will be deducted from their remaining balance owed for the next 6 months.

 

 

Recommendation:

 

1        That Council’s Sustainable Fleet and Plant Policy be amended as per the changes shown in the attachment to this report.

 

2        That Council’s lease back fees for the private use of motor vehicles be revised to those recommended by the Public Employment Office and LG NSW Guidelines effective from 1 July 2015 and thereafter be increased in accordance with the guidelines.

 

 

OPTIONS:

 

Council can retain its existing arrangements and not change the provision in relation to the cap on the cost of motor vehicles.

 

Council can retain its existing arrangements and not support any reduction in the leaseback rate.

 

Council also has the option of providing a different cap on the cost of motor vehicles.

 

 

DISCUSSION:

 

Council operates a fleet of 20 motor vehicles, 12 of which are vehicles which are “leased back” to a staff member for private use for which they pay $124.87 per week with the remaining 8 being “salary packaged” vehicles which are part of the employee’s remuneration package for which they make no contribution.  The private use of these vehicles is governed by an agreement with the respective staff members.  The agreement includes the following provisions:

 

·      Private use of the vehicle must be within a range of 750 km of the Council Chambers unless approved by the General Manager or Assistant General Manager Engineering Services.  If approval is granted, the employee will be responsible for fuel costs beyond 750 km.

·      The vehicle shall form part of Council’s car pool and shall be available for Council use during normal working hours except when the employee is absent on approved leave or rostered days off.

·      If the vehicle is involved in an accident while in use for private purposes, the employee shall reimburse Council any amount paid by Council up to the amount of the standard excess applicable to vehicles insured by Council’s current insurer.

·      The employee shall pay all fines or penalties imposed upon the driver of the vehicle for breach of all State and local government laws relating to the private use of the vehicle.  This includes parking fines.  The employee shall also pay all fines and penalties imposed whilst they are the driver undertaking official council duties.

 

In 2011 significant changes were made to Fringe Benefit Tax (FBT) provisions by the Gillard Government.  The changes removed concessional provisions for vehicle use of more than 25,000km per year and instead imposed a flat rate.  At the time financial modelling of the tax change was undertaken by Council’s Finance Officer, based on the 22 private use vehicles which were then in Council’s fleet.  The modelling indicated that Council’s FBT liability for motor vehicles would increase from $46,000 in 2011 to $111,500 in 2014 as all of the cars are changed over and the new 20% rate is applied.

 

In response to the changes to FBT in 2011, at Council’s meeting on 3 November 2011 it was resolved:

 

1        That leaseback fees be increased by 10% per year for 5 years.

 

2        That salary packaging of motor vehicles be discontinued for all new staff where a Council motor    vehicle incorporating private use is provided as part of their employment. In all circumstances the    employee is to be required to enter into Council’s standard leaseback agreement.

 

3        That the following amendments be made to Council’s Sustainable Fleet and Plant Policy:

·      Add the Australian Taxation Office’s definition of “base value”

·      Change environmental performance score from 12/20 to 13.5/20

·      Change “The purchase of motor vehicles to be determined by the Manager Civil Works” to “The purchase of motor vehicles to be determined by the General Manager”

·      Change “base price” and “capital cost” to “base value”

 

4     That agreement be sought for the “base value” of Council motor vehicles to be reduced from the current maximum of $36,000 to a new maximum of $30,000 (for either a new or second hand vehicle) and be reviewed annually.

 

5     That Clause 6 of Council’s Agreement for Private Use of a Council Motor Vehicle be amended to read as follows: “The Vehicle shall form part of Council’s car pool and shall be available for Council use during normal working hours except when the Employee is absent on approved leave (or rostered days off).”

6     That Clause 7 of Council’s Agreement for Private Use of a Council Motor Vehicle be amended to read as follows: “The Vehicle may only be driven by the Employee, an authorised officer of the Council or an Employee’s immediate family member, including learner drivers but excluding provisional licence holders (P-platers); with the exception that another licenced driver may drive the Vehicle in an emergency.”

7     That as leases fall due for renewal, Council reverts to purchasing its motor vehicle fleet instead of leasing.

 

8     That Council seek quotations from at least three licensed motor vehicle dealers in the Nambucca Valley to source good quality second hand motor vehicles at auction and arrange for their delivery to Council’s Works Depot.

 

In the event, Council’s FBT liability for the year ended 30 June 2015 was $57,847.  The reason Council achieved this good outcome was the steps put in place in 2011 and particularly the grandfathering of salary packaged vehicles which has seen the number of salary packaged vehicles decline in number from 14 to 9.  Another factor in the good result is that Council’s total vehicle fleet has been reduced from 22 vehicles in 2011 to 20 vehicles in 2015.

 

However the continuing implementation of the 3 November 2011 changes to the leaseback arrangements is causing some problems in relation to the selection of vehicles and also in relation to the leaseback rate.

 

Firstly in relation to the selection of vehicles a provision was made for the capital value of vehicles to increase by the CPI but increases in the cost of new cars have not necessarily followed the CPI and indeed for some makes and models there has been no or little increase in price.  The current cap for the cost of motor vehicles is $35,236.23 for light vehicles.

 

It is proposed that in the attached policy, clause 3 of the policy statement which sets a cap on the cost of vehicles be deleted.  The policy under clause 4 already provides for a consideration being the base value of the motor vehicle and in this regard Council would continue with its practice of offering a limited range of the cheapest base model “family” cars such as the Holden Captiva, Holden Commodore, Mitsubishi Outlander, Hyundai ix35, and Subaru Forester.  Of course if an employee’s circumstances are such that they do not need such a large car, then under the leaseback arrangements a smaller, cheaper car can be purchased with a consequent reduction in the leaseback payment the staff member is required to pay.

 

Secondly, the resolution to increase leaseback fees by 10% per year for 5 years has meant that the Council’s leaseback fees to its staff have now “outstripped” the required increase as determined by a spread sheet calculator issued by the Public Employment Office and LG NSW Guidelines for the purpose of determining leaseback rates.  Their spread sheet for determining the applicable leaseback rates is $114.97 for an equivalent vehicle instead of the $124.87 being charged by Council.  A copy of the spreadsheet has been circulated in hard copy.

 

Thirdly, the environmental performance score in the policy was based on the NSW Cleaner Government Fleet Initiative, which has now ceased and been replaced with the Prequalification Scheme, Motor Vehicles Contract SCM0653.  The vehicles with the scheme have been assessed as meeting a predefined limit of CO2 g/km.  The website www.greenvehicleguide.gov.au no longer has an environmental score, and now displays the CO2 g/km for the 3 driving environments (Urban, Combined, and Extra).  The CO2 g/km has become the current Environmental measure, so it would be hard to determine the Environmental Score.  Accordingly it should be removed from the Policy.

 

The proposed revisions to the existing policy are shown in the attachment.

 

In response to this it is proposed that Council’s leaseback fees be revised to the recommended $114.97 effective from 1 July 2015 and thereafter be increased in accordance with the Guidelines.  This will mean for those staff paying for leaseback vehicles they will have a small credit for the year which will be deducted from their remaining balance owed for the next 6 months.  It will also mean that the final year of the previously resolved annual 10% increases will not be applied.

 

 

CONSULTATION:

 

There has been consultation with Council’s Manager Assets, Engineering Support Officer and Manager Human Resources.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are potential industrial relations issues pertaining to the adopted leaseback rate.  The leaseback rate is also relevant to Council’s attractiveness as an employer as other councils provide similar benefits.  At the same time the Council must endeavour to minimise its expenditure on plant.  The grandfathering arrangements for salary packaged vehicles is shifting the risk from Council to employees in terms of any unforeseen cost escalations which may arise, for example changes to the FBT rates or an oil shock that increases petrol prices.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be a minor impact on future budgets amounting to the slightly reduced indexation of the leaseback rate.

 

Source of fund and any variance to working funds

 

The proposed change in the leaseback rate will have a minor impact of approximately $2,500 on working funds being the credit which is recommended Council apply to the existing staff for the period 1 July 2015 to the date of this meeting.

 

 

Service level changes and resourcing/staff implications

 

There is no impact on service levels or staff resources.

 

Attachments:

1

39599/2015 - Draft Policy Changes - Sustainable Fleet and Plant Policy - December 2015

 

  


Ordinary Council Meeting - 15 December 2015

Review of Policy - Sustainable Fleet and Plant

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

SUSTAINABLE FLEET AND PLANT POLICY

 

 

 

Function:  ENGINEERING SERVICES

 

 

Adopted:  20 March 2008   

Reviewed: 3 November 2011 (3196/11)

20 October 2010

15 December 2015       

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0     Policy objective

 

The policy is designed to achieve the following objectives:

 

             Encourage the procurement of smaller, cleaner and less polluting vehicles

             Reduce fuel consumption and greenhouse gas emissions

             Save both vehicle purchase and running costs

          Reduce Council’s Fringe Benefits Tax liability

             Utilise renewable energy sources such as biodiesel where it is available and compatible with engine     warranty

 

2.0     Background

 

In November 2004, the NSW Premier announced the Cleaner Government Fleet Initiative. To ensure the success of the program, the Government set tough new efficiency targets for Government Fleets. It was at this time that cars with V8 engines were removed from purchase through Government Contract, in recognition of the significant greenhouse pollution and high running costs of V8 cars.

 

The Cleaner NSW Government Fleet program, run by the former Department of Commerce aimed to:

 

Encourage the use of smaller, cleaner and less polluting vehicles;

Reduce fuel costs, running costs and greenhouse gas emissions by 20%; and

Save in the order of $50 million on vehicle lease and fuel costs (by 2008).  

 

Every government agency was required to:

 

Develop a Fleet Improvement Plan by 1 July each year to meet the targets (By the end of 2010/11, each agency is required to achieve ‘average environment performance’ score of 13.5 out of 20 for passenger vehicles, and 9 out of 20 for light commercial vehicles)

Improve the average 'environment performance score' of their fleet using the NSW Clean Car Benchmarks, and

Progressively reduce annual greenhouse gas emissions to achieve a 20% reduction (by 2007/08).

 

A set of Guidelines for Fleet Managers outlining in detail the requirements for agencies under the new policy was released in February 2005.

 

The environmental performance score has now been replaced with the Prequalification Scheme, Motor Vehicles Contract SCM0653.  The vehicles within the scheme have been assessed as meeting a pre-defined limit of CO2 g/km.

 

Only those vehicles that have met the requirements of the “Prequalification Scheme, Motor Vehicles Contract SCM0653” and any contract which succeeds it will be purchased by Council.

 

3.0     Definitions

 

3.1     Environment performance score: is the sum of the vehicle’s greenhouse rating and air pollution rating as listed in the NSW Government’s “Passenger Vehicles by Benchmark Category Table” or at www.greenvehicleguide.gov.au.

 

3.2     Base Value: includes

 

The original purchase price (excluding registration and stamp duty)

The cost of any fitted accessories not required for business use of the car

Dealer delivery charges

 

All costs and charges include GST where appropriate.

 

4.0     Policy statement

 

1        The NSW Government strategy (“Cleaner Fleet Initiative”) for achieving environmental performance score targets for fleet operations Prequalification Scheme, Motor Vehicles Contract SCM0653 be adopted for Council’s vehicle fleet and that Council’s policy be adjusted in accordance with any changes in the NSW Government strategy subsequent contract that may occur over time.

 

2        That an “environment performance score” of 13.5/20 be required for every passenger vehicle and 9.5/20 for utilities in accordance with the NSW Government “Cleaner Fleet Initiative” and the scoring shown in the Passenger Vehicles by Benchmark Category table or at  www.greenvehicleguide.gov.au.  The score requirement is to be revised in accordance with the applicable State Government strategy.

 

3        Council set a cap on the cost of vehicles being a base price of $30,000 excluding GST as at 1 July 2007 and to be subject to annual CPI indexing.

 

4        The purchase of motor vehicles be determined by the General Manager subject to the following considerations:

·      the vehicle must be in the Prequalification Scheme, Motor Vehicles Contract SCM0653 (and any successor)

·      availability of funding in the Councils plant reserve replacement schedule and budget

·      whether a motor vehicle has been allocated for the position

             the motor vehicle must meet the environment performance score of 13.5/20 for passenger vehicles and 9.5/20 for utilities or the applicable score set down by the State Government at the time

             the base value of the motor vehicle (which must at least be less than the cap set in accordance with item 3)

             the environmental performance of the vehicle

·     the vehicles likely trade in performance

·     minimising Council’s fringe benefits tax liability

·     achieving a minimum 4 star safety rating.

 

5        Subject to availability and engine warranty requirements, a biodiesel blend be used for all diesel engines.

 


Ordinary Council Meeting                                                                                            15 December 2015

General Manager's Report

ITEM 9.4      SF639              151215         Ranger Workload and Options for Enhancing Role

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

When Council considered a report on its organisation structure on 11 June 2015 it resolved that a report come to Council in two months on how the current Ranger is coping and options on enhancing the role.

 

The evidence of operating one Ranger for the past 11 months is that the incumbent is coping with the work load except when on periods of extended leave.

 

There are a range of options if Council were to apply more resources to the Ranger role.

 

Firstly, it could be more proactive in undertaking enforcement in relation to all or any of the existing activities identified in the tables to this report.

 

Secondly, there are opportunities to increase the commitment to community education and community development.  For example, the Ranger is involved in the existing grant funded program to provide affordable companion animal vaccination and desexing.

 

Thirdly, an enhanced role could take on other responsibilities such as the program for inspection of pool fences.

 

Fourthly, there is also the possibility that Council will have to respond to additional regulatory functions which may be imposed by the State.

 

 

Recommendation:

 

That the information concerning the Ranger workload and options for enhancing the role be received.

 

 

OPTIONS:

 

The report discusses a range of options if Council wishes to increase the funding applied to Ranger responsibilities.  As always if Council wishes to increase the resources applied to the role of Ranger then in order to maintain Council’s financial sustainability and the overall cap of 114 equivalent full time staff (EFT) then Council should look at making an equivalent cut in some other aspect of its General Fund operations.

 

 

DISCUSSION:

 

When Council considered a report on its organisation structure on 11 June 2015 it resolved that a report come to Council in two months on how the current Ranger is coping and options on enhancing the role.  The report was subsequently deferred primarily to allow for the finalisation of discussions with Bellingen Shire Council concerning a suggestion they put to share this Council’s companion animal pound and its maintenance.  There were also related discussions initiated by this Council as to the possibility of Bellingen Shire Council providing Nambucca Shire Council with one of their Rangers when our Ranger was on leave.  This would of course be at this Council’s cost and include all on-costs.

 

To provide Council with some perspective of the Ranger’s compliance role, the following are the position’s key operational responsibilities taken from the position description.

 

Ranger Responsibilities

 

Parking Regulation and Enforcement

·      Undertake regular patrols of all restricted parking areas within the Shire

·      Prepare and issue parking infringements

·      Provide information and advice to the public on parking and traffic matters

·      Maintain concise notes and records, including photographic evidence and a professional diary, that are acceptable to the courts in the event that infringements are contested

·      Use Council’s computer systems to prepare letters and reports and maintain statistics (TRIM,     Microsoft Word, Excel)

·      Ability to access and use the “Drives” software (for infringement notices)

·      Prepare audits of Drives24 access

 

Companion Animal and Stock Control

·      Undertake regular patrols and surveillance in relation companion animals and straying stock

·      Ensure that companion animals are identified in the appropriate manner

·      Manage seized and surrendered animals in the appropriate manner

·      Investigate complaints in relation to companion animals, including barking dog complaints

·      Manage animal pound as required.

·      Input council’s web-site with photographs and information pertaining to  ‘dogs in the pound’ and ‘animals for adoption’

·      Prepare and issue penalty notices

·      Prepare and present evidence in Court as necessary and assist with investigations regarding corroboration and recording of interviews/evidence

·      Undertake community education and awareness programs on regulatory matters pertaining to the position.

·      Provide information and advice to the public on companion animals matters

·      Maintain concise notes and records, including photographic evidence and a professional diary, that are acceptable to the courts in the event that infringements are contested

·      Use Council’s computer systems to prepare letters and reports and maintain statistics (TRIM, Microsoft Word, Excel)

·      Manage any contracts in relation to companion animal and stock control

·      Check and authorise payments to suppliers of goods and services such as veterinary surgeons, stock carters

·      Prepare a draft budget for Council’s companion animal and stock control functions and responsibilities.

 

Other Regulatory Functions

·    Provide information and advice to the public on relevant regulatory matters

·    Undertake community education and awareness programs on regulatory matters pertaining to the position

·    Undertake routine and regular patrols of the Council area in respect of:

o littering, waste dumping and issuing Clean Up Notices

o uncovered loads

o abandoned motor vehicles

o illegal camping

o illegal roadside advertising and stalls

o activities and vehicles on beaches

o unauthorised signs and activities on footpath areas

o unauthorised commercial activities on Council controlled land

·    Carry out inspection of overgrown allotments

·    Assist with compliance of Control of Burning regulations

·    Investigate complaints under the POEO Act

·    Monitor and regulate environmental conditions of development consents, including sediment and erosion controls

·    Issue penalty notices

·    Prepare and present evidence in Court when necessary and assist with investigations regarding corroboration and recording of interviews/evidence

·    Accompany water supply staff during fitting of water restrictors to water meters

·    Serve notices, orders, writs and summons on behalf of Council as required and directed

 

Other Duties

·      Other duties may be allocated by the Manager Development and Environment. These will be in accordance with the employee’s range of skills, competence, training and/or experience or be part of a training/development plan.

 

There is some seasonality to the work undertaken in the role with, for example, patrols in relation to activities and vehicles on beaches being more frequent in the summer months than in winter.  Similarly complaints about overgrown allotments are much more common in summer.

 

Other day to day compliance activities undertaken by other staff in the Development & Environment Section relate to:

 

·      Swimming pools

·      On-site sewerage management systems

·      Food shops

·      Plumbing and building work

·      Investigating land use complaints

·      Investigating drainage complaints

 

In relation to some key performance indicators for the Ranger’s role, a comparison has been made of the listed outcomes in the Rangers Reports for the months of August 2014, September 2014, and October 2014 when Council had two Rangers compared to the months of August 2015, September 2015 and October 2015 with a single Ranger.

 

Comparison of KPI’s from Ranger Reports

 

Table 1 – Two Rangers – Selected KPI’s

*note – 162.5 hours of leave were taken for the 2 staff positions for the three month period

 

Activity

August 2014

September 2014

October 2014

Dogs seized

6

8

8

Dogs surrendered

0

2

1

Total impounded dogs

11

14

8

POEO infringements

$750

0

$8,110

Animal infringements

$1,045

$880

$1,540

Parking infringements

$10,700

$13,572

$10,043

Total infringements

$12,495

$14,452

$19,693

Companion animal complaints1

41

52

36

Noise complaints1

3

3

1

Pollution complaints1

3

1

0

Parking complaints1

3

1

3

Beach driving complaints1

0

0

1

Illegal camping complaints1

0

2

2

Illegal dumping complaints1

0

2

1

Abandoned vehicles complaints1

0

2

2

Stock complaints1

2

1

1

Total “Merit” complaints1

52

64

47

Customer emails/letters received (trim)2

5

7

7

 

1 These are customer requests or complaints typically received over the telephone or at the front counter.  Council staff input such requests into customer request software called “Merit” which automatically allocates the request or complaint to a staff member for action.  The software also allows management reporting of the collected data.

 

2  These are customer requests or complaints typically received by letter or email which are processed by the Records Section in electronic document management software called “Trim”.  The Records Section allocates the letter or email for action by the appropriate staff member and again the software allows for management reporting of the collected data.

 

Table 2 – One Ranger – Selected KPI’s

*note – 78 hours of leave was taken for the 1 staff position for the three month period

 

Activity

August 2015

September 2015

October 2015

Dogs seized

0

0

0

Dogs surrendered

4

0

1

Total impounded dogs

12

9

13

POEO infringements

0

0

0

Animal infringements

0

0

$2,365

Parking infringements

$6,230

$9,194

$10,292

Total infringements

$6,230

$9.194

$12,657

Companion animal complaints1

60

67

53

Noise complaints1

3

0

1

Pollution complaints1

3

0

1

Parking complaints1

8

5

3

Beach driving complaints1

0

0

0

Illegal camping complaints1

1

2

0

Illegal dumping complaints1

4

2

2

Abandoned vehicles complaints1

3

1

0

Stock complaints1

5

3

3

Total “Merit” complaints

87

80

63

Customer emails/letters received (trim)

32

13

20

 

A comparison has also been undertaken of total infringements issued for the period January 2014 to November 2014 when Council operated with two Rangers compared to the period January 2015 to November 2015 when Council operated with one Ranger.  The purpose of the comparison is to provide a check in relation to how representative the data is for the three months August to October as shown in the previous tables.

 

Table 3 – Total Value ($) of Infringements issued by Month

 

 

20143

20154

January

495

104

February

880

4,215

March

2,554

1,246

April

8,227

2,772

May

12,179

10,180

June

9,976

3,950

July

1,563

6,714

August

12,495

6,230

September

14,452

9,194

October

19,693

12,657

November

1,109

11,463

TOTAL

$83,623

$68,725

 

3 Results for two Rangers

4 Results for one Ranger

 

The data indicates the following:

 

·      Most of the requests/complaints by the public requiring the attention of the Ranger are received over the phone.

·      The compliance matters raised by the public which Council’s Rangers have to respond to are dominated by companion animal matters.

·      Off street parking offences comprise the large majority of infringements issued by Council

·      For the three month period surveyed, with the exception of 4 (POEO) infringement notices issued in October 2014 as part of a blitz on illegal dumping, the pattern of offences which have resulted in infringement notices has remained similar whether or not Council has one or two Rangers on its staff.

·      That for the survey period two Rangers issued more infringement notices that one Ranger

·      That the additional (2nd) Ranger had a reduced marginal benefit compared to the one Ranger, eg total fine revenue for 11 months for 2 Rangers was an extra 22% compared to one Ranger.

 

Can one Ranger cope with the workload?

 

The evidence of operating one Ranger for the past 11 months is that the incumbent is coping with the work load except when on periods of extended leave.  It seems that dogs must have a sixth sense when the Ranger is on annual leave as instances of attacks always seem to increase when he is away.  The Council has managed to secure the services of a casual Ranger who can “fill in” when the Ranger is on extended leave.

 

Bellingen Shire Council has also expressed an interest in using Council’s companion animal pound which is located behind Council’s Works Depot.  Their pound is in poor condition and needs to be replaced/upgraded at a cost of approximately $50,000.  The benefit of such an arrangement for Nambucca Shire Council is that the weekend pound maintenance responsibilities could be shared between the two Councils reducing costs for both.  Bellingen Shire staff have inspected Council’s pound and advised that they will respond in relation to the proposal after they have weighed up all of the options which are available to them.  If the proposed sharing of the pound with Bellingen Shire Council comes to fruition then this will ease the Ranger’s existing work load and will also reduce Council’s costs.

 

Also the Council has now acquired software to automate the issuing of infringement notices.  At the moment, infringement notices are manually written and the software will reduce the time this takes and also reduce the time required to maintain a register.

 

Options on enhancing the role?

 

There are a range of options if Council were to apply more resources to the Ranger role.

 

Firstly, it could be more proactive in undertaking enforcement in relation to all or any of the existing activities identified in the tables to this report.

 

Secondly, there are opportunities to increase the commitment to community education and community development.  For example, the Ranger is involved in the existing grant funded program to provide affordable companion animal vaccination and desexing and school education programs.

 

Thirdly, an enhanced role could take on other responsibilities such as the program for inspection of pool fences.  Council already has a program in place, and furthermore the ranger will have to be accredited.

 

Fourthly, there is also the possibility that Council will have to respond to additional regulatory functions which may be imposed by the State.  In this regard there has been some discussion that the NSW Government intends to transfer to Councils the responsibility to enforce the Native Vegetation Act.  At the moment this work is undertaken by the Office of Environment & Heritage.  The discussion is that categories for exempt, complying and “with approval” clearing work would be established and then left to Councils to apply.  If such an initiative were to occur, an enhanced Ranger role could undertake some of the required work.  Council would also need to engage a casual ranger to assist in the normal day to day duties.

 

 

CONSULTATION:

 

There has been consultation with the Manager Development and Environment and also Council’s Ranger.

 

Council’s Senior Health and Building Surveyor has provided the following comments on this report:

 

·    With respect to swimming pool barrier inspections, there is a requirement for accreditation pursuant to the BPB scheme.

·    Since I have commenced work here, I have not evidenced much involvement by Rangers in Development related activities other than for example the (name deleted) scenario. We could enhance communication better in this regard.

·    Compliance in general is reactive (that is often the nature of this activity) however I believe we could improve the effectiveness of compliance with enhanced strategy.

·    I note the $$$ value associated with Ranger activities. With respect to Development Control and POEO type matters we could be tougher and could increase revenue through the judicious issuing of PN’s.

 

Council’s Ranger has commented as follows:

 

“Also if you take the tables into consideration I have out-performed the previous rangers!

 

CA (companion animal) complaints

 

2 rangers = 129

 

1 ranger = 180

 

Customers ermails/letters

 

2 rangers = 19

 

1 ranger = 65”

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The report is for information.  The Ranger undertakes a range of functions which have impacts on the environment.

 

Social

 

There are no significant social implicaitons.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The report covers a range of risks in relation to the role of Ranger.  The role is primarily responsible for enforcing the elementary by-laws most commonly associated with local government.  If Council does not apply sufficient resources to this role then there are potential liability and reputational risks, for example with a dog attack where Council may have known about a dangerous dog but had taken no or inadequate action due to a lack of resources.  There are also economic risks whereby a lack of enforcement means that people take no notice of parking restrictions and commerce in the towns takes longer and becomes less convenient.  There are also risks in relation to Council’s general financial standing whereby an over-investment in resourcing Rangers will affect Council’s financial sustainability criteria.  The risk is primarily about getting the balance right.

 

Currently Council does seem to be managing its responsibilities with reduced resourcing.  This arrangement seems sustainable provided that Council can secure the services of a casual employee to cover for the Ranger when he is on extended leave.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The report is for information.

 

Source of fund and any variance to working funds

 

No variation to working funds is proposed.

 

Service level changes and resourcing/staff implications

 

No changes to service levels of resources are proposed.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            15 December 2015

General Manager's Report

ITEM 9.5      SF1958            151215         Provision of Council Flood Data to the Insurance Industry

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to gain Council’s support to provide Council’s most recent flood data to the Insurance Council of Australia and/or interested insurance companies.

 

 

Recommendation:

 

Council provide flood data to the Insurance Council of Australia or other interested insurance companies per our fees and charges requirements and subject to Council standard data agreements.

 

 

OPTIONS:

 

Council may choose not to provide the flood information to these parties.

 

 

DISCUSSION:

 

The following request has been made by Insurance Australia Group (IAG) which includes NRMA and CGU among other companies:

 

We at IAG, look forward to working with Nambucca Shire Council to achieve consistent and up to date information for the Nambucca Community.

 

We note that the Nambucca Shire Council LGA is characterised by a very flood aware community particularly following the extensive public consultation taken as part of the Pacific Highway Upgrade.  Consequently we feel that it is important that our data reflects Council’s available data in line with community perception.

 

From IAG’s point of view, this can be done most efficiently through acquiring modelling result grids (depth and height in ASCII format etc.) as well as model DEM from available studies since they provide the most accurate information for our own processes (full grids limit our digitising requirement therefore increasing accuracy and reducing interpretation).  Where grids are not available, any GIS information can be of help as previously discussed.

 

With Council consent, we would be happy to request this information directly from the consultants. Some Councils have found this method beneficial as it can save time and resources.

 

I would be happy to arrange a conference between your General Manager and our Flood Risk Manager, Nick Bartzis to discuss the request further, as well as answer any question regarding the data or technical pricing.

 

The Insurance Council of Australia (ICA) also has a role in collecting data for the industry as a whole, however they have limited capacity. We coordinate daily with the ICA on flood hazard data collection and can also facilitate dissemination of Council’s flood data to the whole industry through the ICA should you wish. Karl Sullivan, General Manager Risk can be contacted on 02 9523 5155.

 

Insurance Council of Australia I have sent a request for Karl to contact the General Manager before submitting a GIPA request.

We also work closely with the Floodplain Management Association (FMA) and its members, presented at the 2015 Floodplain Management Association National Conference Brisbane, which will focus on Building Resilient Communities and Flood Resilient Buildings and Infrastructure. See more at http://www.floodplainconference.com/

 

FMA has new Factsheets available:

·    Sharing Flood Risk Information

·    Insurance pricing

·    Flood Data Requirements

and they can be found at http://floods.org.au/fma-ica-flood-insurance-fact-sheets/

 

FMA Presentation (Attached)

The “Flood insurance presentation - FMA 20140821 – External” which provides information on how IAG uses council flood data and the benefits of attaining data for improved insurance pricing. My colleague Andrew Dyer presented this to the FMA meeting in August 2014.

 

Please find below some contacts and links to other councils who provide information (either directly to us or through Insurance Council of Australia or both).

 

Councils

 

QLD: Bundaberg Regional Council

Contact:  Dwayne Honor Phone 1300 883 699

http://www.bundaberg.qld.gov.au/flood/mapping

 

QLD : Western Downs Regional Council 

Contact: Dominic Bradley Phone 07 4679 4000

http://www.wdrc.qld.gov.au/flood-management

 

NSW: Clarence Valley Council phone 02 6643 0200

Contact: Shane Tinnock, GIS Officer/ Greg Mashiah, Manager Water Cycle

 

NSW: Coffs Harbour

Contact: Martin Rose Phone 02 6648 4000

http://www.coffsharbour.nsw.gov.au/places-for-living/flooding/Pages/flood_plans_studies.aspx

 

 

Staff Response:

 

Over the last 12 months staff have experienced an increasing number requests for flood information based on rising insurance premiums. The flood information requests to Council are made to substantiate flood levels on the site and potentially refute the value of the insurance premium. In many of these instances the resulting information provided by staff has resolved the issue.

 

It is expected that in some cases the levels provide by Council would reflect the flood rating given by an insurance company. Council has no involvement in calculating a premium for an individual property.

 

It is understood that the councils listed above have provided the information to the IAG. Some Mid-roc Councils have been reluctant to provide the information, this is largely due to the information being out dated or maintaining a preference to keep at arms length from any dispute between insurance companies and property owners regarding increased premiums.

 

In respect to these issues Councils flood data for both Deep Creek and Nambucca River is current and only recently finalised and is also publicly available on our website. The process has involved significance public consultation and peer review by other agencies such as OEH and the RMS who assisted with funding the modelling.

 

Council may request our flood consultants provide the modelling information to IAG or the Insurance Council of Australia (ICA) simply to maintain separation from the process, however it is not expected that this would eliminate the occasional dispute by landholders in respect to flood levels. The flood modelling is still Councils model. 

 

It is recommended that the flood model information for Deep Creek and Nambucca River be provided to the Insurance Council of Australia for dissemination to interested members. The information should be provided at the standard professional services rates for the time required to prepare and distribute the data as per Councils fees and charges.

 

 

CONSULTATION:

 

Senior GIS Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

NIL

 

Social

 

NIL

 

Economic

 

NIL

 

Risk

 

NIL

 

 

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:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            15 December 2015

General Manager's Report

ITEM 9.6      SF2037            151215         Minutes of the Nambucca Shire Council Access Committee meeting held 27 October 2015

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 27 October 2015 are attached for Council’s endorsement. 

 

There is one formal recommendations requiring Council’s attention.

 

 

Recommendation:

 

1          That Council note the Committee’s offer to conduct workshops with business’ owners and managers regarding "missed business", to discuss/inform/answer questions on accessibility for persons with disabilities, and the potential income that ease of access could potentially generate.

 

2          That Council endorse the remaining minutes of the Nambucca Shire Council Access Committee meeting held 27 October 2015.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

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

 

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

 

1.   Make it easy for people to find you.

2.   Make it easy for people to move around.

3.   Make it easy for people to get served.

4.   Make the most of customer service.

 

The Minutes do not mention how or where the workshops would be conducted; this would be for the Committee to determine depending on interest from the community.  It may be that the best approach would be one-on-one with specific business owners. 

 

 

CONSULTATION:

 

Nothing required

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Nothing identified

 

Economic

Nothing identified

 

Risk

 

Nothing identified

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on budgets resulting from this report.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nothing identified

 

Attachments:

1

33606/2015 - Minutes - Access Committee - 27 October 2015

 

  


Ordinary Council Meeting - 15 December 2015

Minutes of the Nambucca Shire Council Access Committee meeting held 27 October 2015

 

PRESENT

 

Cr E South (Chairperson)

Mr Les Small

Ms Lee-anne Funnell

Ms Janet Pope (Guide Dogs)

Mr Peter Shales

Ms Margaret Hutchinson

Ms Alba Sky

Dr Dorothy Secomb

 

APOLOGIES

 

Cr A Smyth

Ms Jenny Adams

Ms Coral Hutchinson

Mr Keith Davis

 

 

Assistant General Manager Corporate Services Report

ITEM 3.1      SF2037              271015      Confirmation of the Minutes of the Previous Meeting held  22 September 2015.

Recommendation: (south/secomb)

 

That the Committee confirm the minutes of the meeting held 22 September 2015.

 

 

 

 

ITEM 3.2      SF2037              271015      Business Arising from Previous Meeting held 22 September 2015

Recommendation:  (POPE/SECOMB)

 

That the Committee offer to  conduct workshops with business owners and managers regarding "missed business", to discuss/inform/answer questions on accessibility for persons with disabilities, and the potential income that ease of access could potentially generate.

 

Janet and Dorothy also offered to be volunteers at these meetings.

 

 

 

 

 

ITEM 3.3      SF2037              271015      Correspondence to the Access Committee meeting 27 October 2015

Recommendation:

 

The correspondence was noted.

 

 

 

ITEM 3.4      SF2037              271015      Report on General Business to the Access Committee 27 October 2015

 

The following summarises the discussion in General Business:

1.   Peter Shales has been to Sydney with SES for major state function and informed us that channel 10 was airing a programme regarding SES, Saturday 31 October at 4.30.pm.

2.   Concerns regarding the in/out access at Caltex service centre and them not having adequate signage indicating one way in and one way out which is giving concerns to pedestrians and vehicle safety, especially during holiday season. (Refer to Paul Gallagher?)

3.   As well in this general area a lady from Autumn Lodge who uses the footpath regularly on a scooter would like "grooves and bumps" in the footpath looked at as she finds it a very uncomfortable exercise getting to town.

 

 

    

 

NEXT MEETING DATE

 

The next meeting will be held on 24 November 2015 commencing at 2.00pm.

 

CLOSURE

 

The Chairperson closed the meeting at  3.10 pm. 

 

CR SOUTH

 (CHAIRPERSON)


Ordinary Council Meeting                                                                                            15 December 2015

General Manager's Report

ITEM 9.7      SF2037            151215         Minutes of the Nambucca Shire Council Access Committee meeting held 24 November 2015

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 24 November 2015 are attached for Council’s endorsement. 

 

There are four formal recommendations requiring Council’s attention.

 

 

Recommendation:

 

1          That the matters arising be noted, and that the Guardian News and Happynings be approached to promote the Missed Business booklet as a part of International Day of People with a Disability.

 

2          That the Access Committee ask for a timeframe for completion of the work for a safe pedestrian route at the roundabout in Marshall Way Nambucca Heads, which was a condition of consent DA 2012/004/1 regarding Bawrunga Aboriginal Medical Centre. 

 

3          That the Access Committee ask the Engineers for progress on the installation of the seat in Back Street Nambucca Heads as resolved by Council 16 April 2015.

 

4          That regarding smoking in public areas, the Access Committee ask Council’s Health and Building staff what the requirements are regarding smoking in the main street of Bowraville, in particular distances from places such as bus stops and licensed premises.

 

5          That Council endorse the remaining minutes of the Nambucca Shire Council Access Committee meeting held 24 November 2015.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

Recommendations 2 and 3 are matters which have been considered by the Committee during the year, but appear unresolved.

 

 

CONSULTATION:

 

Nothing required

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Nothing identified

 

Social

Nothing identified

 

Economic

Nothing identified

 

Risk

Nothing identified

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is no impact on budgets resulting from this report.

 

Source of fund and any variance to working funds

Nil

 

Service level changes and resourcing/staff implications

Nothing identified

 

Attachments:

1

37170/2015 - Minutes - Access Committee - 24 November 2015

 

  


Ordinary Council Meeting - 15 December 2015

Minutes of the Nambucca Shire Council Access Committee meeting held 24 November 2015

 

PRESENT

 

Cr E South (Chairperson)

Ms Alba Sky

Ms Lee-anne Funnell

 

Ms Coral Hutchinson

Ms Margaret Hutchinson

Cr A Smyth

Dr Dorothy Secomb

 

APOLOGIES

 

Jenny Adams

Ms Janet Pope (Guide Dogs)

Mr Keith Davis

Mr Peter Shales

Mr Les Small

 

 

 

Assistant General Manager Corporate Services Report

ITEM 3.1      SF2037              241115      Confirmation of the Minutes of the Previous Meeting held  27 October 2015.

Recommendation: (secomb/hutchinson)

 

That the Committee confirm the minutes of the meeting held 27 October 2015.

 

 

 

ITEM 3.2      SF2037              241115      Business Arising from Previous Meeting held 27 October 2015

Recommendation: (hutchinson/south)

 

That the matters arising be noted and that the Guardian News and Happynings be approached to promote the Missed Business booklet as a part of International Day of People with a Disability.

 

 

 

 

ITEM 3.3      SF2037              241115      Correspondence to the Access Committee meeting 24 November 2015

Recommendation:

 

The correspondence was noted.

 

 

 

ITEM 3.4      SF2037              241115      Report on General Business to the Access Committee 24 November 2015

Recommendation:  (smyth/secomb)

 

1.   That the Access Committee ask for a timeframe for completion of the work for a safe pedestrian route at the roundabout in Marshall Way Nambucca Heads, which was a condition of consent DA 2012/004/1 regarding Bawrunga Aboriginal Medical Centre. 

 

2.   That the Access Committee ask the Engineers for progress on the installation of the seat in Back Street Nambucca Heads as resolved by Council 16 April 2015.

 

3.   That regarding smoking in public areas, the Access Committee ask Council’s Health and Building staff what the requirements are regarding smoking in the main street of Bowraville, in particular distances from places such as bus stops and licensed premises.

 

4.   NSW Roads and Maritime Services changes to traffic and pedestrian movements in Macksville CBD at Christmas be noted.

 

5.   That the report on achievements be noted.

 

 

   

NEXT MEETING DATE

 

The next meeting will be held on Tuesday 23 February 2016 commencing at 2.00 pm.

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.10 pm. 

………………………………

(CHAIRPERSON)


Ordinary Council Meeting                                                                                            15 December 2015

General Manager's Report

ITEM 9.8      SF1031            151215         Deletion of Council Policies

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer Planning         

 

Summary:

 

A review of those Council policies administered by the Development and Environment Section has revealed that a number of them are superfluous as the matters in them are covered by other pieces of legislation which would override Council’s policy.

 

 

Recommendation:

 

That the following policies be deleted:

 

1        Section 94 Contributions – Abandoned or Demolished Dwellings

2        Section 94 Contributions – Public Reserve – Rural

3        Section 94 Contributions – Farm Stay Holidays

4        Temporary Residential Occupation of Industrial Sites Policy

5        Temporary Occupation of Residential Sites Policy

6        Rural Properties – Bond for Second Dwelling

 

 

OPTIONS:

 

Council can choose to delete or maintain any combination of the above policies

 

 

DISCUSSION:

 

Council’s Development and Environment Section has undertaken a review of policies administered by it to ensure that all policies are up-to-date with current legislative requirements and relevant to Council’s current practices. The following policies are considered to be no longer required as, for the most part, the issues they deal with are covered by legislation which would override a Council policy.

 

Three policies relate to Section 94 and 64 Contributions which detail when contributions may or may not be collected. However, with regard to Section 94 Contributions, which are levied under the Environmental Planning & Assessment Act 1979, all these details are required to be covered in specific Section 94 or Section 94A Contribution Plans. This piece of legislation will override any policies which Council makes.

 

Two current Council policies listed above relate to the temporary occupation of land. Clause 2.8 of the Nambucca Local Environmental Plan 2010 contains provisions relating to the temporary use of land which could be applied to people wishing to temporarily live on either residential or industrial blocks of land.

 

If applicants wish to dwell on any property – residential, commercial, industrial or other land use zoning – and their residential occupation would not comply with Clause 2.8 of the Nambucca LEP, then they must apply via the Development Application process to erect a dwelling on the land. They can specify that this dwelling will only be used as such for a set period of time, however, such an application must be assessed in accordance with Section 79C of the Environmental Planning & Assessment Act, rather than in accordance with the above Council policies. If applicants specify in their DA that a dwelling is only to be used as such temporarily, conditions requiring that this occurs would be applied to the DA.

 

The final policy listed requires the payment of a bond when a second dwelling is built on a rural property. This policy was adopted at a time when only one dwelling was permitted to be built on rural properties. Now, attached dual occupancies are permitted, along with attached or detached secondary dwellings. Further, the payment of a bond, even in a situation when an existing dwelling is to be rendered uninhabitable upon the erection and occupation of a new dwelling, is a questionable practice as it is uncertain as to what Council would use the money for if the applicant didn’t comply and make the existing dwelling uninhabitable. Council has the option, in this circumstance, of pursuing non-compliance by issuing a notice, order or Penalty Infringement Notice.

 

Accordingly, it is considered that the collection of a bond for second dwellings on rural properties is unnecessary.

 

 

CONSULTATION:

 

Manager Development & Environment

Senior Town Planner

Grants & Contributions Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No impact

 

Social

 

No impact

 

Economic

 

No impact

 

Risk

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil – Any bonds collected for the removal of second dwellings are all eventually repaid to the applicants.

 

Source of fund and any variance to working funds

Nil

 

Service level changes and resourcing/staff implications

Nil

 

Attachments:

1

26034/2007 - Section 94 Contributions - Abandoned or Demolished Dwellings

 

2

26037/2007 - Section 94 Contributions - Public Reserve - Rural

 

3

26036/2007 - Section 94 Contributions - Farm Stay Holidays

 

4

26081/2007 - Temporary Residential Occupation of Insudtrial Sites

 

5

26082/2007 - Temporary Occupation of Residential Sites

 

6

15411/2008 - Rural Properties - Bond for Second Dwelling

 

  


Ordinary Council Meeting - 15 December 2015

Deletion of Council Policies

 

 


 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

SECTION 94 CONTRIBUTIONS

ABANDONED OR DEMOLISHED DWELLINGS

 

 

 

Responsibility:  CORPORATE SERVICES

 

 

Adopted: 7 November 1996 (007)    

Last reviewed: 20 October 2010

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0     Policy objective

 

2.0     Related legislation

 

3.0       Definitions

 

4.0     Policy statement

 

Section 94 contributions apply to rural dwellings that have been demolished or abandoned and not replaced for a period of 12 months or more unless satisfactory evidence is submitted by an applicant that it was always the intention to re-use or replace the dwelling within a reasonable period of time but due to unforeseen circumstances was unable to.

 

4.1     History

 

This policy was originally adopted on 21 March 1991.

 


Ordinary Council Meeting - 15 December 2015

Deletion of Council Policies

 

 


 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

 

SECTION 94 CONTRIBUTIONS

PUBLIC RESERVE—RURAL

 

 

 

Responsibility:  CORPORATE SERVICES

 

 

Adopted: 7 November 1996 (007)     

Last reviewed: 20 October 2010 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0     Policy objective

 

2.0     Related legislation

 

3.0       Definitions

 

4.0     Policy statement

 

1        That Council's public reserve contribution charges for the Villages of Warrell Creek, Donnellyville, Eungai Creek, Upper and Lower Taylors Arm remain in force.

 

2        That contribution charges apply only to second and subsequent dwelling on all "existing parcels" within the villages—the first dwelling house being exempt.

 

4.1     History

 

This policy was originally adopted on 21 December 1989.

 

 


Ordinary Council Meeting - 15 December 2015

Deletion of Council Policies

 

 


 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

SECTION 94 CONTRIBUTIONS

FARM STAY HOLIDAYS

 

 

 

Responsibility:  CORPORATE SERVICES

 

 

Adopted: 7 November 1996 (007)    

Last reviewed: 20 October 2010

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0     Policy objective

 

2.0     Related legislation

 

3.0       Definitions

 

4.0     Policy statement

 

That Farm Stay holidays on rural properties are not required to pay Section 94 contributions providing that the Farm Stay is provided within an existing home.

 

4.1     History

 

20.08.92

 

Notice of Motion

 

That contributions may have already been paid for the home and that existing facilities within the house are being utilised.

 

That if a rural house is rented, then a contribution is not required.

 

That if a paying "lodger" is housed, a contribution is not required.

 

To support the tourist and supporting industries, promote our district both nationally and internationally, and to assist those farmers struggling financially with the rural crisis.

 


Ordinary Council Meeting - 15 December 2015

Deletion of Council Policies

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

TEMPORARY RESIDENTIAL OCCUPATION OF INDUSTRIAL SITES POLICY

 

 

 

Function: ENVIRONMENT AND PLANNING

 

 

Adopted: 2 MAY 1996 (010)

Last reviewed: 16 JULY 2008

20 October 2010

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0     Policy objective

 

Control residential developments within industrial areas.

 

 

2.0     Related legislation

 

Nambucca Local Environmental Plan 1995 – part 5 – Industrial Zones 4(a) & (b)

Motor Transport (Vehicles Registration) Act 1997

Local Government Act

Local Government (Manufactured Homes Estates, Caravan parks, Camping Grounds and Moveable Dwellings) Regulation 2005

 

 

3.0       Definitions

 

"Temporary structure" is defined as:

 

A       "Registerable vehicle" means any trailer registered under the Road Transport (Vehicle Registration) Act 1997 and includes a trailer/caravan;

 

OR

 

B       "Relocatable Home" means a manufactured home, or any other moveable dwelling of the kind defined in the Local Government (Manufactured Homes Estates, Caravan parks, Camping Grounds and Moveable Dwellings) Regulation 2005:

 

Each residence will need to provide a satisfactory landscaping and car parking arrangement as well as not interfering with the provision of the same associated with the industrial use of the site.

 

Other definitions as per Legislations in 2.0

 


4.0     Policy statement

 

That the following Temporary Residential Occupation of Industrial Sites Policy be adopted:

 

Temporary Residential Occupation of Industrial Sites

 

In accordance with Part 3 Section 160 of the Local Government Act 1993, the Council adopted the following Policy on 4 November 1993 concerning the criteria to be adopted in determining development applications.

 

1        Application shall be submitted in writing to Council every twelve (12) months for the occupation of any industrial site.

 

2        The application shall be accompanied by an annual fee.

 

3        The period of occupation is for twelve (12) months and each site must be kept clean and tidy at all times.

 

4        Adequate washing, cooking, bathing and toilet facilities must be provided on site.

 

5        The premises must be connected to Council's sewerage system or have an adequate approved on-site sewage management system.

 

6        The temporary structure is to be used as the caretakers residence only.

 

7        The temporary structure is to be screened from the street.

 

8        Maximum of one (1) structure per industrial site.

 

9        Delegated authority be granted to the General Manager to deal with applications for temporary occupation of industrial sites.

 

10      Temporary use will be limited to twelve months with any extension to be at the discretion of Council. (refer Council minutes 17 July 2008 584/08)

 

 

5.0     History

 

Council at its meeting on 2 September 1993 approved a draft policy on temporary residential occupations of industrial sites. In accordance with Part 3 of the Local Government Act 1993 this draft policy was advertised for the appropriate period of time with Council receiving no submissions.

 

 


Ordinary Council Meeting - 15 December 2015

Deletion of Council Policies

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

TEMPORARY OCCUPATION OF RESIDENTIAL

SITES POLICY

 

 

 

Function:  ENVIRONMENT AND PLANNING

 

 

Adopted: 6 JUNE 1996 (013)      

Last reviewed:  20 MARCH 2008

20 October 2010

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0     Policy objective

 

2.0     Related legislation

 

3.0       Definitions

 

4.0     Policy statement

 

The temporary occupation of a site whilst the dwelling is being construction is permitted provided:

 

1        A building application for the construction of a dwelling have been submitted and approved by Council.

 

2        The period of occupation is not to exceed six (6) months.

 

3        If the six month period is insufficient to complete the dwelling, an application for an extension of occupation is to be submitted to Council for further consideration and approval of the extension be dependant upon progress made on the main construction during the first six month period.

 

4        Toilet, washing and bathing facilities are to be provided in the temporary accommodation to the satisfaction of the Director Health, Building and Community Services.

 

5        Any structure used for temporary occupation is to be rendered uninhabitable upon completion of the main dwelling.

 

6        That delegated authority be given to the General Manager to deal with applications for temporary site occupation whilst a dwelling is being constructed.

 


Ordinary Council Meeting - 15 December 2015

Deletion of Council Policies

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

POLICY

RURAL PROPERTIES – BOND FOR SECOND DWELLING

 

 

 

Function:  ENVIRONMENT AND PLANNING

 

 

Adopted:  20 APRIL 2000

Last reviewed:  16 JULY 2008

20 OCTOBER 2010

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0     Policy objective

 

To provide Council with a way of ensuring that only one dwelling is inhabitable on a rural property where only one dwelling entitlement exists.

 

 

2.0     Related legislation

 

Nambucca Local Environmental Plan 1995

 

 

3.0       Definitions

 

See Nambucca Local Environmental Plan 1995

 

 

4.0     Policy statement

 

Council will adopt the following approach when dealing with the approval of second dwellings on rural properties.

 

“When an application is submitted seeking Council’s approval for the erection of a dwelling-house, and that property contains an existing dwelling-house, Council will require the payment of a $1,100 bond (or as otherwise specified in Council’s adopted Fees and Charges) prior to the release of the Construction Certificate to ensure that the existing dwelling-house is demolished or rendered uninhabitable prior to occupation of the dwelling approved by the relevant consent. This policy shall apply to all existing dwellings, regardless of whether they were erected legally or illegally.”

 

 


Ordinary Council Meeting                                                                                            15 December 2015

General Manager's Report

ITEM 9.9      SF2038            151215         Outstanding DAs greater than 12 months OR where submissions received - 19 November - 4 December 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

2015/099

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

STATUS

Awaiting applicant’s response to Office of Environment & Heritage (OEH), Rural Fire Service (RFS) and Council’s outstanding issues concerning flora & fauna and asset protection zones.  There are also on-going discussions with the applicant concerning the applicable contribution plans which will apply to this subdivision and also the previously approved subdivision involving the Link 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

STATUS

The concurrence from the Department of Planning under State Environmental Planning Policy No. 14 was received on 7 December 2015.  It is anticipated that the consent will have been issued before this Council meeting.

 

 

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

 

STATUS

Development application for work which had already been commenced.  Awaiting submission of a plan from a structural engineer to certify existing work.  Proposed to approve once plan is received.

 

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/144

15/09/2015

73 Lot Subdivision

Lot 176 DP 1190467, Seaforth Drive, Valla Beach

Ten 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?

 

STATUS

Awaiting applicant’s response to OEH and Council issues relating to open space, flora & fauna, stormwater and buffer issues.

 

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/188

16/11/2015

Dwelling Additions

Lots 218 & 494 DP 755550, 3 Quarry Street, Nambucca Heads

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

·           The proposed development will result in loss of views and amenity

STATUS

Opportunity to make comment from adjoining owner notification closed on 4/12/2015.  Concern about loss of views to be assessed.  Otherwise no other issues.

 

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/173

2/11/2015

Stockpile areas ancillary to extractive industry

Lots 102 & 103 DP 1181639, Pacific Highway, Way Way

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

·           Development will result in increased noise and dust issues for 12 households

·           Property values will decrease

·           Quarry does not have a good record about considering people who live in Donnellyville

STATUS

Opportunity to make comment from adjoining owner notification closes on 10/12/2015.  The EPA has advised they have issues with the water quality management plan.

 

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/182

10/11/2015

Two Lot Subdivision

Lot 92 DP 1099538, 70 Seaforth Drive, Valla Beach

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

·           Wants any dwelling built on the new lot to only be a single dwelling to protect privacy and fit in with the other surrounding dwellings

·           Wants to ensure that the cut at the rear of the block is appropriate retained.

STATUS

Opportunity to make comment from adjoining owner notification closes on 8/12/2015.  Awaiting general terms of approval (GTA’s) from RFS.  Will be reported to Council in January 2016 as the applicant is a Council staff member.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            15 December 2015

General Manager's Report

ITEM 9.10    SF2038            151215         2015 November - 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 November 2015 as at 8 December 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

39852/2015 - 2015 November Development Applications and Complying Development Applications Received

 

  


Ordinary Council Meeting - 15 December 2015

2015 November - Development Applications Received and Complying Development Applications Received

 




Ordinary Council Meeting                                                                                            15 December 2015

General Manager's Report

ITEM 9.11    SF2038            151215         2015 November - 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 November 2015 as at 8 December 2015.

 

 

Recommendation:

 

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

 

 

Attachments:

1

39805/2015 - Construction Certificates and Complying Development  Certificates Applications Approved - November 2015

 

  


Ordinary Council Meeting - 15 December 2015

2015 November - Construction Certificates and Complying Development Certificates Approved

 




Ordinary Council Meeting                                                                                            15 December 2015

General Manager's Report

ITEM 9.12    SF1148            151215         Council Ranger's Report November 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 November 2015.

 

 

Recommendation:

 

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

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

2

Returned to Owner

0

2

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

3

Abandoned or Stray

1

7

Surrendered

0

2

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

1

12

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

3

Sold

0

0

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

 

3

Dangerous Dogs

 

0

Owner’s Request

0

0

Due to Illness, Disease or Injury

0

0

Feral/infant animal

1

0

Unsuitable for rehoming

0

0

Unable to be rehomed

0

1

Total Euthanased

1

4

Total Outgoing Animals

1

7

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

0

5

 

 

November 2015

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

WNS-209

3106929531

No angle park as on parking control sign

106.00

10/11/2015

AYA-02N

3106929531

No angle park as on parking control sign

106.00

10/11/2015

AQ-63-HO

3106929495

Loading Zone

177.00

10/11/2015

AN-71-LK

3106929504

Loading Zone

177.00

10/11/2015

BB-85-HL

3106929513

Loading Zone

177.00

10/11/2015

AV-22AV

3106929522

No angle park as on parking control sign

106.00

10/11/2015

AM-12-HX

3106929540

No angle park as on parking control sign

106.00

10/11/2015

BV-91-CX

3106929550

Not park in direction of travel

177.00

10/11/2015

ARV-80S

3106929569

Not park in direction of travel

177.00

10/11/2015

XJE-709

3106929578

Not park in direction of travel

177.00

10/11/2015

CRR-45W

3106929587

Not park in direction of travel

177.00

10/11/2015

BK-10-NE

3106929596

No Parking (School Zone)

177.00

10/11/2015

AZ-15-XN

3106929605

No Parking (School Zone)

177.00

10/11/2015

AY-12-WE

3106929614

No angle park as on parking control sign

106.00

10/11/2015

BB-97-QI

3106929623

No angle park as on parking control sign

106.00

10/11/2015

BS-67-ZB

3106929632

No angle park as on parking control sign

106.00

10/11/2015

MAT-78X

3106929641

Not park in direction of travel

177.00

10/11/2015

BL-215

3106929650

Not park in direction of travel

177.00

10/11/2015

AEU-86L

3106929660

Not park in direction of travel

106.00

10/11/2015

BBT-39W

3106929679

No angle park as on parking control sign

106.00

10/11/2015

CMH-75M

3106929688

Loading Zone

177.00

10/11/2015

AM-17-VQ

3106929697

Loading Zone

177.00

10/11/2015

DBA-17Q

3106929706

Stop on path or/strip

106.00

11/11/2015

CRH-22J

3106929715

Not park in direction of travel

177.00

11/11/2015

CVZ-08G

3106929724

Not park in direction of travel

177.00

11/11/2015

BZ-07-DH

3106929733

Loading Zone

177.00

11/11/2015

BE-61-FN

3106929742

No angle park as on parking control sign

106.00

11/11/2015

YCB-62Z

3106929751

No angle park as on parking control sign

106.00

11/11/2015

BZ-52-BT

3106929760

No angle park as on parking control sign

106.00

11/11/2015

 

November 2015 (cont.)

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

AM-89-LY

3106929770

Bus Zone

248.00

11/11/2015

BG-24-KL

3106929789

Park longer than permitted

106.00

11/11/2015

BT-51-NX

3106929798

Park longer than permitted

106.00

11/11/2015

BDP-43X

3106929807

Park longer than permitted

106.00

11/11/2015

BBW-70H

3106929816

No Parking

106.00

11/11/2015

CB-98-PP

3106929807

Loading Zone

177.00

11/11/2015

CC-15-LO

3106929834

Bus Zone

248.00

11/11/2015

BY-79-ME

3106929843

Not park in direction of travel

177.00

11/11/2015

AEG-79V

3106929852

Park longer than permitted

106.00

11/11/2015

CZJ-12W

3106929861

Park longer than permitted

106.00

11/11/2015

AF-46-XJ

3106929870

Park longer than permitted

106.00

11/11/2015

DW-1984

3106929880

Park longer than permitted

106.00

12/11/2015

BCP-23T

3106929899

Park longer than permitted

106.00

12/11/2015

UQR-938

3106929908

Park longer than permitted

106.00

12/11/2015

NCY-952

3106929917

No angle park as on parking control sign

106.00

12/11/2015

CIK-59E

3106929935

Not park in direction of travel

177.00

12/11/2015

AD-843

3106929944

Not Parking

106.00

12/11/2015

CD-72-UI

3106929953

Bus Zone

248.00

12/11/2015

1DM-5JF

3106929962

No angle park as on parking control sign

106.00

12/11/2015

PMH-498

3106929971

Stop heavy longer than 1 Hour

106.00

13/11/2015

AWL-47B

3106929980

Loading Zone

177.00

12/11/2015

CGE-05J

3106929990

Loading Zone

177.00

12/11/2015

QAI-203

3106930009

No angle park as on parking control sign

106.00

12/11/2015

BX-37-QQ

3106930009

No angle park as on parking control sign

106.00

13/11/2015

CST-55Y

3106930027

No angle park as on parking control sign

106.00

13/11/2015

QTS-331

3106930036

No angle park as on parking control sign

106.00

13/11/2015

AEM-36N

3106930045

Not park in direction of travel

177.00

13/11/2015

BD-65-WN

3106930054

Loading Zone

177.00

16/11/2015

BC-87-JP

3106930063

Not park in direction of travel

177.00

16/11/2015

091-SUH

3106930072

Not park in direction of travel

177.00

16/11/2015

CD-29-UF

3106930081

Bus Zone (school zone)

319.00

16/11/2015

YOC-059

3106930090

Bus Zone (school zone)

319.00

16/11/2015

CD-75-FW

3106930100

Not park in direction of travel

177.00

19/11/2015

CMM-16C

3106930128

Not Parking (School zone)

177.00

19/11/2015

 

November 2015 (cont.)

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

BN-08-TX

3106930155

Not Parking

106.00

20/11/2015

BE-68-BY

3106930064

Not park in direction of travel

177.00

20/11/2015

SL-5973

3106930182

No angle park as on parking control sign

106.00

20/11/2015

TYD-839

3106930191

Not park in direction of travel

177.00

21/11/2015

PKH-111

3106930200

Park longer than permitted

106.00

17/11/2015

95-LNCH

3106930210

Park longer than permitted

106.00

17/11/2015

AT-65-UF

3106930229

Park longer than permitted

106.00

17/11/2015

AV-15-NU

3106930238

Park longer than permitted

106.00

17/11/2015

BI-52-FO

3106930247

Park longer than permitted

106.00

17/11/2015

BKV-63V

3106930256

Park longer than permitted

106.00

17/11/2015

BV-71-KZ

3106930265

No angle park as on parking control sign

106.00

20/11/2015

VGS-288

3106930274

Taxi Zone

177.00

22/11/2015

AT-81-PI

3106930283

No Stopping

248.00

23/11/2015

BV-02-KU

3106930292

Not park in direction of travel

177.00

24/11/2015

BE-60-ER

3106930301

No Parking

106.00

24/11/2015

 

 

TOTAL:

11463.00

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            15 December 2015

General Manager

ITEM 9.13    SF532              151215         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:

 

This report was considered by Council at its meeting on 12 November 2015 and it was resolved that it be deferred to the first meeting in December 2015.  It is expected that the development application for the service centre will be lodged with Council on 18 December.  As it involves a development with a value of more than $10m with the potential to employ 100 people in full time and part time roles it is important that Council now resolve to exhibit the DCP as presented or with any changes the Council may require.  It is proposed that the DCP be advertised in tandem with the development application for a minimum period of 28 days with additional time added to cover Council’s shutdown between Christmas and New Year.

 

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 - 15 December 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 - 15 December 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                                                                                            15 December 2015

General Manager's Report

ITEM 9.14    DA2015/179      151215         DA2015/179 - Dwelling House - 20 Panorama Parade Scotts Head - variation to clause 4.3 of Nambucca LEP - 'Height of Buildings'

 

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

 

Summary:

 

The Applicant proposes to construct a two storey dwelling at 20 Panorama Parade, Scotts Head.  The proposal may be described as infill development as it is one of the few remaining undeveloped lots in the general locality.  The application involves a variation to clause 4.3 ‘Height of buildings’ of Nambucca Local Environmental Plan 2010.  The variation is greater than 10% therefore the matter is being reported to Council in the interest of transparency.  This is consistent with advice from the Department of Planning.

 

 

Recommendation:

 

That Council as the consent authority, pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/179 for a dwelling house at Lot 174 DP 259408, 20 Panorama Parade, Scotts Head subject to the schedule of conditions outlined in Attachment 3 of this report.

 

 

OPTIONS:

 

1.       To adopt the recommendation to grant Development Consent to the proposal subject to recommended conditions (Attachment 3)

2.         To not grant Development Consent to the proposal.

 

 

DISCUSSION:

 

The development application, received on 9 November 2015 is for a two storey dwelling house at 20 Panorama Parade, Scotts Head. The subject land is steep, falling away from the road to the north. The plans are in Attachment 2.

 

The proposed development is consistent with the surrounding built form and is considered to be satisfactory with regards to the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:

 

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

 

Having regard to the modified nature of the site and its location; it is not considered that the proposed development will result in any impacts on any critical habitat, threatened species, populations, ecological communities, or their habitats.

 

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

 

Due to the separation of the proposed development (approximately 42 metres) from the closest bushfire threat, a Bushfire Attack Level (BAL) of 29 will apply to the building construction. There is sufficient access and egress from the site in the opposite direction to the bushfire threat; therefore subject to a condition with respect to BAL 29 compliance, the proposal is considered to be consistent with the provisions of Planning for Bushfire Protection 2006.

 

Section 79C (1) - Evaluation

 

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

 

(a) the provisions of

 

(i) any environmental planning instruments

 

·      The Nambucca Local Environmental Plan 2010 (NLEP 2010)

 

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

 

2.3 - Zone objectives and land use table

 

The proposed development is in the R1 – General residential zone and is permissible with consent. It is considered to be consistent with the objectives of the zone because:

 

·      Provides for housing needs in Scott’s Head

·      It is consistent with the surrounding pattern of development

 

4.3 - Height of buildings

 

The building height limit prescribed for this particular site is 8.5 metres. Due to slope the buildings gable roof projects beyond the 8.5 metre provision on the northern part of the dwelling. The Applicant has provided a request for the variation of this development standard pursuant to clause 4.6 of NLEP 2010 (as follows).

The maximum projection above finished ground level is around 10 metres.

 

4.6 – Exceptions to development standards

 

The Applicants request for variation is considered acceptable in the circumstances as it is only a minor part of the total structure that exceeds the 8.5 metres provision and it poses no significant impact on adjoining properties. The request for variation is shown in Attachment 1.

 

5.5 - Development within the coastal zone

 

The proposed development will not result in any significant impacts on the coastal environment because:

 

·      The site is considered to be suitable for the proposed development due to its consistency with surrounding land uses and that its built form is compatible with the scenic character of the area.

·      It will not result in any significant impacts on any native coastal vegetation or wildlife corridors, rock platforms, water quality of coastal water bodies, or native flora or fauna or their habitats.

·      It will not result in any detrimental cumulative impacts on the coastal catchment.

·    Untreated stormwater will not be discharged into the sea, beach, estuary, lake, creek, or onto a rock platform.

·    The site is not subject to coastal hazards and will not impact on coastal hazards or increase the risk of coastal hazards on any other land.

 

7.4 - Public utility infrastructure

 

Essential services are available to the development.

 

7.6 - Earthworks

 

The proposed earthworks will not impact significantly on surface water flows, will not result in any significant impacts on the future uses on the land or redevelopment, will not impact any contaminated soil or the amenity of surrounding properties, is unlikely to disturb any relics, and appropriate erosion control measures have been included within the recommended conditions of consent.

 

·      State Environmental Planning Policy No 55—Remediation of Land

 

The land is not considered to be contaminated because there are no known previous uses or activities on the site that would have resulted in any contamination of the land and the proposal does not include a change of use of the land.

 

·      State Environmental Planning Policy No 71 - Coastal Protection

 

The proposal is considered to be consistent with the matters for consideration outlined in Clause 8 and the development controls within Part 4 because it will not contradict the aims of the policy or result in any significant impacts on the coastal environment having regard to scenic qualities, access, archaeological significance, ecosystems, coastal processes, wildlife corridors; water quality; or result in conflict between land-based and water-based coastal activities.

 

(ii) any draft environmental planning instrument

 

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

 

(iii) any development control plan (DCP)

 

·      Nambucca Development Control Plan 2010 (DCP)

 

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

 

Notification and Public Participation (Part A)

 

The application was notified to adjoining owners in accordance with Part A of the DCP. No submissions were received.

 

Environmental context (Part A)

 

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

 

Car Parking (Part C)

 

The Applicants have requested a variation to the requirement of providing 2 off street car spaces, to only providing one garaged space. Table C2.6 of the DCP provides for the waiving of this provision to require only one space where site constraints, such as topography represent a site limitation. This is considered acceptable in this instance. The Applicant provides one garaged space and there is room for an uncovered space in the driveway although this would extend slightly into the road reserve.

 

Sediment and Erosion Control (Part D)

 

All works to be undertaken as part of any consent will be subject to a condition of consent requiring the installation of adequate erosion and sedimentation devices which are consistent with Part D of the DCP.

 

Place Based Design Considerations and Dwelling type guide and control summaries (Part H)

 

The proposed development is considered to satisfy these provisions as they relate to Scott’s Head for the following reasons;

 

·      The development supports the seaside village character by virtue of it being architecturally designed and adapts to slope constraints.

·      The development is not considered to pose any adverse environmental impacts and does not corrupt principles of view sharing.

·      The development is consistent with the surrounding built environment.

 

The Applicants have requested a variation to the front boundary setback, the setback of the garage and the setback of the dwelling to the eastern boundary.

 

The DCP requires a setback of 4.5 metres for the dwelling and 5.5 metres for the garage in this instance.

The building is articulated along its frontage with setbacks of 3.702 metres for the western part, 4.698 metres for the front entrance and 2.721 metres for the garage. These are considered acceptable in the circumstance for the following reasons;

 

·      The street elevation of the building is not bulky and the elevation is articulated

·      Slope constraints and the design parameter of accommodating access to the development for the owner who is elderly

·      Existing setbacks along that side of Panorama Parade are variable from 6 metres down to near zero setback

 

The Applicant also proposes to vary the side boundary setback to the east to 1.5 metres for the rear half of the dwelling (the remaining setback being 2.210 metres). The DCP establishes a formula for side boundary setbacks essentially requiring a greater setback as height increases. In this instance the required setback would be approximately 2.075 metres. The reduced setback of 1.5 metres is not considered to pose any significant impact on the adjoining property therefore is deemed acceptable.

 

Waste Minimisation and Management (Part N)

 

Standard conditions cover this aspect of the DCP.

 

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

 

There are no planning agreements applying to the subject site.

 

(iv) Any Matters prescribed by the Regulation

 

·      Clause 92(1)(a) – NSW Coastal Policy 1997

 

Matters for consideration to implement the NSW Coastal Policy are provided in clause 5.5 of the NLEP 2010 and clause 8 of SEPP 71. Due to the proposals consistency with these clauses (as outlined above) it is not considered that it is contrary to the NSW Coastal Policy.

 

(v) Any coastal zone management plan

 

It is not considered that the nature or location of the proposed development will be contrary to any of the management actions outlined within the Coastal Zone Management Plan for the Nambucca Shire Coastline.

 

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

 

Subject to the recommended conditions of consent, it is not considered that the proposal will result in any significant impacts on the natural or built environments or any negative social or economic impacts on the locality due to its scale, location and consistency with the surrounding pattern of development.

 

(c)      the suitability of the site for the development

 

It is considered that the site is suitable for the proposed additions because they will be consistent with the existing built form in the locality and subject to compliance with BAL 29 construction requirements, there are no natural hazards that will adversely impact on the development.

 

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

 

No submissions were received.

 

(e)      the public interest

 

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

 

 

CONSULTATION:

 

Adjoining owner notification

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No adverse impact

 

Social

 

No adverse impact

 

Economic

 

Positive economic impact in terms of trade

 

Risk

 

Nil

 

 

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

35940/2015 - Application to vary LEP - Height - lodged with DA2015/179

 

2

39645/2015 - Grouped development plans

 

3

39739/2015 - Conditions of Consent

 

  


Ordinary Council Meeting - 15 December 2015

DA2015/179 - Dwelling House - 20 Panorama Parade Scotts Head - variation to clause 4.3 of Nambucca LEP - 'Height of Buildings'

 







Ordinary Council Meeting - 15 December 2015

DA2015/179 - Dwelling House - 20 Panorama Parade Scotts Head - variation to clause 4.3 of Nambucca LEP - 'Height of Buildings'

 






Ordinary Council Meeting - 15 December 2015

DA2015/179 - Dwelling House - 20 Panorama Parade Scotts Head - variation to clause 4.3 of Nambucca LEP - 'Height of Buildings'

 

DETAILS OF CONDITIONS

 

DA2015/179 - Dwelling House - 20 Panorama Parade Scotts Head - variation to clause 4.3 of Nambucca LEP - 'Height of Buildings'

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1        The development is to be implemented generally in accordance with the plans and supporting documents endorsed with the Council stamp, dated TBA and authorised signature, and set out in the following table except where modified by any conditions of this consent.

 

Plan No/Supporting Document

Version

Prepared by

Dated

Statement of Environmental Effects

-

Sylvia Gennat

-

Building Plans

-

Russell Simmons & Associates

-

Basix Certificate

676851S

Russell Simmons Design

8/11/15

 

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

 

Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

 

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

 

          In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

 

This condition does not apply:

 

a        to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

b        to the erection of a temporary building.

 

Notification of Home Building Act 1989 requirements

 

3        Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the following information:

 

a        in the case of work for which a principal contractor is required to be appointed:

i         the name and licence number of the principal contractor, and

ii        the name of the insurer by which the work is insured under Part 6 of that Act,

b        in the case of work to be done by an owner-builder:

i         the name of the owner-builder, and

ii        if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

 

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information.

 

 

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

 

Compliance with BASIX Certificate

 

4        The Principal Certifying Authority is to ensure that the proposed development is constructed in accordance with the requirements of BASIX Certificate No 676851S, dated 8 November 2015 and any updates/modifications to the BASIX Certificate. The Plans submitted for approval with the Construction Certificate must include all of the BASIX Certificate commitments indicated in this certificate.

 

Where changes to the development are proposed that may affect the water, thermal comfort or energy commitments, a new BASIX Certificate may be required.

 

Construction Details and Building Specifications.

 

5        Prior to the issue of the Construction Certificate suitable construction details and building specifications are to be provided.

 

 

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

 

Bushfire Mitigation Measure

 

6        At the commencement of building works and in the perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones’.

 

Plumbing Standards and requirements

 

7        All Plumbing, Water Supply and Sewerage Works are to be installed and operated in accordance with the Local Government Act 1993, Plumbing and Drainage Act 2011, the NSW Code of Practice for Plumbing and Drainage and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.

 

The Plumber must submit a Notice of Works (NoW) prior to any work being commenced on-site:

 

a        No later than 20 business days before the work concerned is carried out in the case of work that requires a proposed alternative solution; or

 

b        No later than 2 business days before the work is carried out in any other case.

 

Residential building work

 

8        Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority:

          a        in the case of work to be done by a licensee under that Act:

i         has been informed in writing of the licensee’s name and contractor licence number, and

ii        is satisfied that the licensee has complied with the requirements of Part 6 of that Act, or

b        in the case of work to be done by any other person:

i         has been informed in writing of the licensee’s name and contractor licence number, and

ii        has been informed in writing of the person’s name and owner-builder permit number, or

iii       has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

 

Note:  The amount referred to in paragraph (b) (iii) is prescribed by regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted that amount was $5,000. As those regulations are amended from time to time, so that amount may vary.

 

A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

 

Erosion & sediment measures

 

9        Erosion and sedimentation controls are to be in place in accordance with Managing Urban Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009.

 

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

 

Toilet facilities

 

10      a        Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed.

b        Each toilet must be a standard flushing toilet connected to a public sewer, or have an on-site effluent disposal system approved under the Local Government Act 1993, or be a temporary chemical closet approved under the Local Government Act 1993.

 

House numbering

 

11      The street number for this property is 20. The number must be displayed at the main driveway entrance approved for the property.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Bushfire Mitigation Measure

 

12      New construction shall comply with sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ and section A3.7 Addendum Appendix 3 of ‘Planning for Bush Fire Protection’.

 

Guttering and Valleys

 

13      Guttering and valleys are to be screened to prevent the build-up of flammable material.  Any materials used shall be non-combustible.

 

Gas Cylinders

 

14      Gas cylinders kept close to the building shall have release valves directed away from the building.  Connections to and from gas cylinders are to be metal.  Polymer sheathed flexible gas supply lines to gas meters adjacent to buildings are not to be used.

 

Construction times

 

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

 

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

 

Builders rubbish to be contained on site

 

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

 

Maintenance of sediment and erosion control measures

 

17      Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

Support for neighbouring buildings

 

18      If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

 

a        must preserve and protect the adjoining building from damage;

b        if necessary, must underpin and support the building in an approved manner;

c        must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

 

The owner of the adjoining allotment of land, public road or any other public place is not to be held liable for any part of the cost of work carried out, whether carried out on the allotment of land being excavated or on the public road, any other public place or the adjoining allotment of land.

 

Survey of building height required

 

19      A survey certificate prepared by a registered surveyor is to be submitted to the Principal Certifier upon completion of the roof framing to ensure that the height of the building is consistent with the approved plans.  The survey certificate should be provided onsite before or during the frame inspection of the building.

 

Stormwater drainage work

 

20      Stormwater must be collected and disposed of to the kerb and gutter via a suitably manufactured kerb adaptor. Drainage lines within the road reserve must be sewer class or other approved equivalent. All drainage works are to be installed by a suitably qualified person and in accordance with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

 

Rainwater tank requirements

 

21      Rainwater tank/tank-stand installations are to be structurally sound, and in accordance with manufacturers detail and/or Guidelines for Plumbing Associated with “Rainwater Tanks in Urban Areas”. Overflow from the tank is to be diverted to the street stormwater system.

 

Inspection of water and drainage works required

 

22      An inspection must be undertaken by the local water authority prior to the covering of the works specified below:

 

a        sanitary plumbing and drainage

b        potable water supply plumbing

c        completion of all plumbing and drainage works

d        rainwater supply

e        re-claimed water supply

 

The local water supply authority requires a minimum of 24 hours notice to undertake the inspection. You will need to quote your Development Application number and property description to arrange your inspection.

 

Consent required for works within the road reserve

 

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

 

 

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

 

Works to be completed

 

24      All of the works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate.

 

Sealed driveway in accordance with Roads Act

 

25      A sealed driveway is to be constructed from the edge of the road formation to property boundary in accordance with the Roads Act consent.

 

Damage to Council’s Infrastructure

 

26      Where any damage occurs to Council’s infrastructure during construction, such as kerb and gutter, footpaths, inlet pipes, etc, fronting the development site, the principal contractor shall replace or make good the damaged infrastructure before the occupation certificate is issued.

 

Sewer and water to be connected

 

27      Sewer and water supply is to be connected to the premises in accordance with an approval granted under Section 68 of the Local Government Act 1993.

 

A Certificate of Compliance and Sewer Service Diagram must be submitted to Council and the owner in accordance with the Plumbing and Drainage Act 2011 and Regulations in the appropriate form within 7 working days of the completed work and prior to an Occupation Certificate being issued.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH AT ALL TIMES

 

Premises not to be converted to dual occupancy

 

28      The premises are not to be converted for use for dual occupancy purposes without the prior consent of Council.

 

REASONS FOR CONDITIONS

 

To ensure the development is completed in accordance with conditions of consent and approved plans.

 

To preserve the environment and existing or likely future amenity of the neighbourhood.

 

To ensure adequate access to and from the development.

 

To protect the environment.

 

To preserve the amenity of the area.

 

To minimise the possible adverse effects from bushfires.

 

To ensure compliance with Section 68 of the Local Government Act 1993.

 

 

NOTES

 

Construction Certificate required

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing.

 

Occupation Certificate required

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

 

Principal Certifying Authority

Work must not commence until the applicant has:

a        obtained a Construction Certificate from Council or private certifier,

b        appointed a Principal Certifying Authority (if the Council is not the PCA),

c        given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’, and

d        notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

 

Penalties apply for failure to comply with development consents

Failure to comply with conditions of this development consent may lead to an on the spot fine (generally $750) being issued pursuant to Section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to Section 125 of the Environmental Planning & Assessment Act 1979.

 

 


Ordinary Council Meeting                                                                                            15 December 2015

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2116            151215         Investment Report to 30 November 2015

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2015 to 30 June 2016 is expected to be around $1,104,478.

 

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

 

Council currently has $31.813 Million invested:

 

·      $   5.793   Million with Managed Funds,

·      $   3.090   Million with On Call Accounts

·      $ 22.93      Million on Term Deposits

 

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

 

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

 

C P Doolan

Responsible Accounting Officer

 

 

 

Recommendation:

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

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

 

 

CONSULTATION:

 

Grove Research and Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

Risk

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

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

 

Service level changes and resourcing/staff implications

 

Not applicable

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            15 December 2015

Corporate Services

ITEM 10.2    SF1120            151215         Grant Application Status Report

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

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

 

 

RecommendationS:

 

That Council receive the list of grant applications to 2 December 2015.

 

 

 

Successful grant applications (ACTIVE PROJECTS):

 

Grant and date of approval

Funding Amount

Amount Council

Description

OEH Floodplain Management Grant

Closed 21 March 2013

$90,000

$45,000

(Enviro  Levy)

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

OEH Coastal Management Grant

Closed 13 March 2014

 

$91,000

$91,000 (EL)

Nambucca Heads SLSC Protection Works

OEH Estuary Management Grant

Closed 13 March 2014

 

$50,000

$50,000 (EL)

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

Environmental Trust Restoration and Rehabilitation Grant

Closed 19 September 2014

 

$86,160

$23,060 (in-kind)

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

Office of Local Government – Responsible Pet Ownership Program

Closed 3 October 2014

$15,000

$15,000

(DES and in-kind)

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

Indigenous Advancement Strategy – Nambucca Valley Sport and Wellbeing Program

 

$154,442

NA

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

Department of Trade and Investment – Crown Lands

Rescuing Our Waterways

Closed 15 December 2014

$10,000

$10,000 (EL)

Shoaling Strategy/Study for the Lower Nambucca River Estuary

Primary Industries – Fish Habitat Action Grant

Closed 19 September 2014

 

$40,000

$35,000 (EL)

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

Department of Infrastructure and Regional Development National Stronger Regions Fund

Closed 28 November 2014

 

$241,340

$241,340

South Nambucca Sewerage Infrastructure Installation

FRRR – Repair, Restore, Renew 2013

Closed February 2015

 

$3,098

N/A

Train Up – Essential Equipment for Volunteer Training

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

 

$7,500

$7500 (TBC)

Provision of Heritage Advisory Services


 

GRANT AND DATE OF APPROVAL

FUNDING AMOUNT

AMOUNT COUNCIL

DESCRIPTION

Transport for NSW – Community Transport

 

$12,000

In-kind only

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

Primary Industries – Fish Habitat Action Grant

Closed 19 September 2014

 

$40,000

$35,000 (EL)

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

Office of Local Government Responsible Pet Ownership Grant

Closed September 2015

$15,000

$15,000

Desexing, vaccination and microchipping of companion animals – Round 2

 

SUCCESSFUL APPLICATIONS IN THIS QUARTER:

 

Grant and Date of Notice

Amount

Amount - Council

Description

Office of Environment and Heritage Estuary Management

Closed 12 March 2015

 

$43,500

$43,500 (EL)

Nambucca River – Bank Stabilisation and Restoration

Office of Environment and Heritage Coastal Management

Closed 12 March 2015

$82,150

$32,150 (EL)

$50,000 (Local Land Services)

Nambucca EcoHealth Monitoring Program

Office of Environment and Heritage Coastal Management

Closed 12 March 2015

$85,000

$50,000 (EL)

$25,000 (NSW Coastal Holiday Parks Trust)

$10,000 (Local Lands Services)

Scotts Head Headland Coastal Hazard Reduction

Office of Environment and Heritage Coastal Management

Closed 12 March 2015

$10,000

$10,000 (EL)

$10,000 (Local Land Services)

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

 

Community Building Partnership Program

 

$13,695

$13,695 (CoM)

Valla Beach Community Association Anderson Park Shade Sails

Total

$1,096,390

 

Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

Crown Lands

Public Reserves Management Fund

Closed 10 April 2015

$29,040

NA

Weeds on Crown Reserves 2015

Bridges Renewal Program

Closed August 2015

$512,600

$512,600

Replacement of Lanes Bridge, Bowraville, with concrete bridge

Fish Habitat Grant (Large)

Closed October 2015

$40,000

$44,450 (in-kind and EL)

Restoring Fish Habitat on the Nambucca River – Congarinni North Stage 2


 

Department of Infrastructure and Regional Development

Stronger Communities Programme

Closed 9 October 2015

$8,450

 

 

 

$2669 (Cash -Council)

$500 (in kind Council)

$1863 (in kind CoM)

 

 

 

Argents Hill Hall Amenities Upgrade

 

$5268

$5268 (Cash – CoM)

Nambucca Valley Community Arts Centre Solar Panels

$15,000

$12850 (Cash CoM)

$1500 (in kind CoM)

$1500 (in kind Lions)

Valla Beach Sun Shade

$10,019

$3819 (cash CoM)

$1200 (in kind CoM)

 

Utungun Hall Outdoor Space on the Green

Arts NSW Arts and Culture Program – on behalf of Scotts Head Events Committee

Closed 12 November 2015

 

$21,900

NA

($1000 cash and some in-kind from Scotts Head Events Committee)

Puppet parade for Scotts Head Festival 2016

Department of Social Services Volunteers Grants

Closed 9 December

Various

Not applicable.

Argents Hill Hall CoM ($TBC)

Nambucca District Band ($4669)

Utungun Entertainers ($4168)

Donnelly Welsh Playing Fields CoM ($5000)

Talarm Hall CoM ($TBC)

 

 

 

Unsuccessful applications in this period:

 

Funding Body

Amount

Amount - Council

Project Name

Office of Environment and Heritage Estuary Management

Closed 12 March 2015

$25,000

$25,000 (EL)

Dawkins Creek to Nambucca River Riparian management plan

Royal Australian Historical Society

Closed 23 June 2015

$5,000

$240

Publication of Council’s Centenary History

 

NOTES

Council is partnering with Macleay Valley Landcare in a project that will provide $10,000 each year over three years from the Environmental Levy, with the aim of protecting habitat and coastal corridors at Mt Yarahappini.

 

Letters of support have also been provided for the following projects (non-monetary)

·      Fish habitat grant (bank stabilisation) OEH & Nambucca Valley Landcare Lower Nambucca;

·      Fish habitat grant (riparian fencing) Nambucca Valley Landcare Way Way;

·      Fish Habitat grant Local Land Services Watt Creek;

 

Scotts Head Public School received $10,000 grant from ANZ FRRR Seeds of Renewal for its bush tucker and Indigenous employment project - application written by GACO.

 

Assistance given to Lions Club Macksville and Macksville Scotts Head Surf Life Saving Club with Volunteer Grant applications.

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            15 December 2015

Corporate Services

ITEM 10.3    SF251              151215         Schedule of Council Public Meetings

 

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

 

SUMMARY:

 

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

 

 

Recommendation:

 

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

 

 

2016

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

14 January

Council Chambers

5.30 PM

Ordinary Council Meeting

28 January

Council Chambers

5.30 PM

Ordinary Council Meeting

11 February

Council Chambers

5.30 PM

Ordinary Council Meeting

25 February

Council Chambers

5.30 PM

Ordinary Council Meeting

17 March

Council Chambers

5.30 PM

Ordinary Council Meeting

31 March

Council Chambers

5.30 PM

Ordinary Council Meeting

14 April

Council Chambers

5.30 PM

Ordinary Council Meeting

28 April

Council Chambers

5.30 PM

Ordinary Council Meeting

12 May

Council Chambers

5.30 PM

Ordinary Council Meeting

26 May

Council Chambers

5.30 PM

Ordinary Council Meeting

9 June

Council Chambers

5.30 PM

Ordinary Council Meeting

23 June

Council Chambers

5.30 PM

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            15 December 2015

Assistant General Manager Corporate Services Report

ITEM 10.4    SF343              151215         Valla Public Hall Committee of Management AGM - 20 August 2015 - Minutes

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Valla Public Hall Committee of Management, which was held on 20 August 2015, and the new Committee.  Copies of the Minutes of this meeting and the Financial Statement is provided at the end of this report.

 

 

Recommendation:

 

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

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Valla Public Hall’s Committee of Management was held on 20 August 2015.

 

The Committee of Management for 2015/2016 comprises:

 

          President                        Ron Henderson

          Vice President                 Brian Pade

          Secretary                        Scott Gaddes

          Treasurer                         Peter Trisley

          Booking Officer              Anne Pade and Betty Trisley

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

Social

 

There are no social implications.

 


Economic

 

There are no economic implications.

 

Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

 

  

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            15 December 2015

Assistant General Manager Corporate Services Report

ITEM 10.5    SF335              151215         Talarm Hall Committee of Management - Minutes of Annual General Meeting - 23 November 2015

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Talarm Hall Committee of Management which was held on 23 November 2015, and the new Committee.  Copies of the Minutes of this meeting and the Financial Statement are attached.  

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Talarm Hall Annual General Meeting held on 23 November 2015 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Talarm Hall Committee of Management was held on 23 November 2015.

 

The Committee of Management for 2015/2016 comprises:

 

          President                                  John Nebauer

          Vice President                          Greg Welsh

          Secretary                                  Sue Nebauer

          Treasurer                                  Brooke Farnsworth

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 


Economic

There are no economic implications.

 

 

Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Attachments:

1

38255/2015 - Minutes of the AGM

 

  


Ordinary Council Meeting - 15 December 2015

Talarm Hall Committee of Management - Minutes of Annual General Meeting - 23 November 2015

 




 


Ordinary Council Meeting                                                                                            15 December 2015

Assistant General Manager Engineering Services Report

ITEM 11.1    SF90                151215         Nambucca Shire Traffic Committee Meeting Minutes - 1 December 2015

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

The agenda and minutes of the Nambucca Shire Traffic Committee meeting held on 1 December 2015 are attached for Council’s information and adoption.

 

 

Recommendation:

 

That Council:

 

1        receive and note the agenda and minutes emanating from the Nambucca Shire Traffic Committee held on the 1 December 2015.

 

2        approve a request from the Lions Club of Nambucca Heads for the following temporary road closures on Australia Day, Tuesday 26 January 2016:

 

i    The access road through Gordon Park to hold the Australia Day event between 6.00am and 6.00pm.

ii   The following roads for short periods only between 8.00am and 10.00am

 

a   Wellington Drive (from Gordon Park to the V Wall)

b   Shelly Beach Road (from Parkes Street)

c   Parkes Street (from Shelly Beach Road to Captain Cook Lookout)

 

          subject to the following information being received by Council at least 2 weeks prior to the event:

 

·    Certificate of Currency for Public Liability Insurance;

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

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

 

3        issue an annual Section 138 Roads Act approval to Australian Precast Solutions allowing heavy vehicles to park on Centra Park Street, Macksville while awaiting loading and/or escort from the site.

 

4        allow the installation of permanent posted warning signs on Yarrawonga Street that are coverable/collapsible when not in use advising of Road Plant on Side Road.

 

5        install signs to reinforce No Stopping and No Parking restrictions on the southern side of Woods Lane Nambucca Heads from the intersection with Fraser Street for a distance of 10m and 40m respectively.

 

6        note the Nambucca Shire Traffic Committee meetings will continue to commence at 10.30 am on the first Tuesday of every second month.  All business items for discussion at the Traffic Committee meeting are to be submitted to the Manager Technical Services in writing, together with any supporting documentation and recommendation, two weeks prior to the date of the meeting.  Any additional matter (deemed urgent by the Committee) be given consideration on the day; and that any non-urgent general business on the day will be tabled for consideration at the next meeting with supporting information and recommendation provided by the Committee member who raised the issue.”

 

 

 

OPTIONS:

 

Seek clarification or refer matters back to the Traffic Committee.

 

 

DISCUSSION:

 

The Roads and Maritime Services (RMS) are legislated as the organisation responsible for the control of traffic on all roads in New South Wales.  Traffic is controlled by the installation of prescribed traffic control devices, such as regulatory signs, or traffic control facilities, such as medians.

 

The Local Traffic Committee (LTC) has no decision making powers and is primarily a technical review committee.  It only advises the Council on matters for which the Council has delegated authority, being certain prescribed traffic control devices and traffic control facilities.

 

The Council must refer all traffic related matters to the LTC prior to exercising its delegated functions.  Matters related to State Roads or functions that have not been delegated to the elected Council must be referred directly to Roads and Maritime Services or relevant organisation.

 

Council is not bound by the advice given by its LTC.  However, if Council does wish to act contrary to unanimous advice of the LTC or when the advice is not unanimous, it must notify Roads and Maritime Services and the NSW Police and wait 14 days before proceeding.

 

The Nambucca Shire Traffic Committee meets every two months, generally on the first Tuesday of that month.  The members of the Committee met on 1 December 2015 and determined a number of matters as per the attached Agenda and Minutes.  

 

 

CONSULTATION:

 

Barry Reed                      Local State Member Representative

Inspector Guy Flaherty     NSW Police

Greg Aitken                     Roads and Maritime Services

Linda Makejev                 Roads and Maritime Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental impact as a result of the recommendations.

 

Social

 

The recommendations aim to achieve an acceptable road environment for drivers and pedestrians.

 

Economic

 

No economic impact as a result of the recommendations.

 

Risk

 

Risks associated with the recommendations have been balanced with available funding and public acceptance.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Costs associated with sign installation and line marking ($2,000).

 

Source of fund and any variance to working funds

 

Working fund

 

Service level changes and resourcing/staff implications

 

Time associated with installation signs.

 

Attachments:

1

37755/2015 - Agenda - Nambucca Shire Traffic Committee - 1 December 2015

 

2

38513/2015 - Minutes - Nambucca Shire Traffic Committee - 1 December 2015

 

  


Ordinary Council Meeting - 15 December 2015

Nambucca Shire Traffic Committee Meeting Minutes - 1 December 2015

 

NAMBUCCA SHIRE COUNCIL

 

Nambucca Shire Traffic Committee Meeting – 1 DECEMBER 2015

COMMENCING AT 10.30 am AT COUNCIL’S ADMINISTRATION CENTRE

 

AGENDA                                                                                                   Page

 

 

1        APOLOGIES

2        DISCLOSURE OF INTEREST

3        CONFIRMATION OF MINUTES —

Nambucca Shire Traffic Committee Meeting - 6 October 2015........................................................ 6

4        Assistant General Manager Engineering Services Report

4.1     Request for temporary road closure - Gordon Park Nambucca Heads Australia Day 26 January 2016............................................................................................ Error! Bookmark not defined.

4.2     Parking of Heavy Vehicles on Centra Park Street Macksville... Error! Bookmark not defined.

4.3     Parking restrictions - Woods Lane Nambucca Heads.............. Error! Bookmark not defined.

4.4     2016 meeting dates for Nambucca Shire Traffic Committee..... Error! Bookmark not defined.

  

5        ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

6        GENERAL BUSINESS

7        NEXT MEETING DATE   2 February 2016

8        CLOSURE

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date: