NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

17 March 2016

 

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:

 

Nambucca Shire Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values.  Accordingly 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.

 

In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum.  In particular the Council has to provide procedural fairness and consider all relevant information.  Generally this cannot be done with matters which have come direct to Council via the public forum.  So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.

 

In the public forum 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 - 17 March 2016

 

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.

 

TIME

DESCRIPTION

WHERE

2.45 pm Leave for 53 Old Coast Road (Linder)

3.10 pm Leave

 

ITEM 12.2 Breeding at 83 Old Coast Road, North Macksville

 

Onsite

3.15 pm Arrive 83 Old Coast Road (Kennedy)

3.40 Leave

 

ITEM 12.2 Breeding at 83 Old Coast Road, North Macksville

 

Onsite

3.45 pm Arrive Cnr Old Coast Road & Florence Wilmont Drive

4.30 pm Leave for Missabotti Hall

 

ITEM 9.12

Modification to Development Consent DA2014/198

Onsite

 

AMENDED AGENDA                                                                               Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 25 February 2016................................................................................ 7

5        NOTICES OF MOTION

5.1     Notice of Motion - Request for Leave Mayor, Cr Rhonda Hoban (SF346)........................... 16

5.2     Notice of Motion - Australian Fire Service Medal - Darryl Lang AFSM (SF823).................... 17  

6        PUBLIC FORUM and DELEGATIONS

i)           Mr Adrian Weir - Thank you to Council

ii)          Mrs Jenni Andren - Bowraville/Bellingen Road access to property

iii)         Mr Stuart Simshauser - Telstra Reception & Bellingen Road

iv)        Mr Bruce Wilson – Bellingen Road

 

9.7     Visitor Information Centre................................................................................................ 45

                             Mr David Banks—On behalf of the Nambucca Valley Tourist Association

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.................................................................................... 18

9.2     Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands.............. 24

9.3     Extension of Existing Contract for Waste Collection Service............................................. 29

9.4     Community Housing Limited -v- Clarence Valley Council & Others..................................... 33

9.5     Nambucca Valley Netball Association - Request to Waive $1,300 Invoice for the Supply and Planting of Trees............................................................................................................................. 39

9.6     Preparation of Development Control Plan for Valla Growth Area....................................... 42

9.7     Visitor Information Centre—DELEGATION ...................................................................... 45

9.8     Nambucca River Jockey Club licence D540002 Racecourse Proper................................... 72

9.9     Draft North Coast Regional Growth Plan and Lower Nambucca......................................... 74

9.10   Boating Now - Gordon Park and Review of the Nambucca River Masterplan...................... 78

9.11   Outstanding DAs greater than 12 months OR where submissions received –

          18 February - 8 March 2016............................................................................................. 93

9.12   Modification to Development Consent DA2014/198.......................................................... 96

9.13   Council Ranger's Report February 2016.......................................................................... 203

9.14   2016 February - Received Development Applications Received and Complying Development Applications ................................................................................................................ 207

9.15   2016 February - Approved Construction Certificates and Complying Development Certificates    210

10      Assistant General Manager Corporate Services Report

10.1   Investment Report To 29 February 2016 ........................................................................ 214

10.2   Schedule of Council Public Meetings............................................................................. 219

10.3   Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 14 November 2015............................................................................................................ 220

11      Assistant General Manager Engineering Services Report

11.1   Funding for Natural Disaster Flood Event April/May 2015................................................ 227

11.2   Temporary Road Closure - Short Street Scotts Head - Scotts Head Food Wine Music & Art Festival - 17 April 2016 .................................................................................................................... 232

11.3   Second acquisition of Crown land for easement and road purposes on Wallace Street and Upper Warrell Creek Road Macksville....................................................................................... 242

11.4   Recission of Council resolutions relating to reports dated 2 December 2010 and 14 August 2013.................................................................................................................................... 251

11.5   Request for funding - Pavement Rehabilitation Works North Arm Road............................ 254

11.6   Report to Council - Minutes - Vehicular Access to Beaches Committee - 12 February 2016 257    

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

12.1   Kelli Leckie - Notice of Proposed Legal Action Against Council and Crown Lands

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.

 

12.2   Dog Breeding at 83 Old Coast Road, North Macksville

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) (e) (g) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law; AND the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 25 February 2016

The following document is the minutes of the Ordinary Council meeting held 25 February 2016.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 17 March 2016 and therefore subject to change.  Please refer to the minutes of 17 March 2016 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Paula Flack

Cr Brian Finlayson

Cr Bob Morrison

Cr Kim MacDonald

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Smyth and Cr Ballangarry

 

 

PRAYER

 

Father Shelwin from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor B Morrison declared a non-pecuniary less significant conflict of interest in Item 9.7 Public Waterfront Structure under the Local Government Act as Cr Morrison is a member of the Nambucca Heads Lions Club; he has no connection with the Committee or any decision making positions.

 

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.11 Proposed Telecommunications Facility under the Local Government Act as Cr Ainsworth states that two submissions suggest locating the tower on the “nearby cleared banana hill” land either owned by himself or adjacent to his land.  Cr Ainsworth left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 9.12 Modification to Development Consent DA2014/198 under the Local Government Act as Cr MacDonald’s sister has properties that could potentially be effected with regard to value/amenity based on the decision.  Cr MacDonald left the meeting for this item.

 

The General Manager, Michael Coulter, declared a pecuniary interest in Item 11.1 General Manager Total Remuneration Package for Contract commencing 1 April 2016 under the Local Government Act as the report concerns his employment and remuneration.  Mr Coulter left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 February 2016

 

82/16 RESOLVED: (Flack/MacDonald)

 

That the minutes of the Ordinary Council Meeting of 11 February 2016 be confirmed subject to the following amendment:

 

Page 11  Item 10.2 should read: Cr Flack left the meeting for this Item at 8.25 pm and returned after the conclusion of the Item at 8.31 pm.

 


 

 

ITEM 5.1      SF2183              250216      Notice of Motion - Request for Leave - Cr Morrison (SF1788)

83/16 RESOLVED: (Morrison/Ainsworth)

 

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 21 March 2016 to 8 April 2016 inclusive.


 

 

DELEGATIONS

 

RECOMMENDATION:

 

That the following delegations be heard:

 

9.6    Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands

          i)       Ms Kelli Leckie

9.11  Proposed Telecommunications Facility-

......... i)        Mr Tony Lewis—Objector (represented by Kerry Grace)

......... ii)       Ms Paula Fuller—Objector

          iii)     Mr Stuart Melville—Representative from NBN

9.12  Modification to Development Consent DA2014/198

i)       Mr Peter O’Neill—Objector

ii)      Ms Sandra Edmonds—Objector

9.17  Result Of Exhibition For DCP Service Centre 5 Boggy Creek Road Valla

i)       Mrs Jean Robinson – Objector

 

 

DELEGATIONS continued

 

Mrs Kelli Leckie addressed Council on Item 9.6. 

 

ITEM 9.6      LF4225               250216      Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands

Motion:      (Flack/MacDonald)

 

That Kelli Leckie be advised as follows:

 

1           That Council will confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and will implement whatever drainage measures they consider reasonable and practicable to alleviate water logging.

 

2           That it be suggested to Mrs Leckie that she arrange a similar investigation and any necessary work in relation to the drainage from her own property.

 

3           That Council will not be attending to the “rectification/stability works on the land in front of (my) the property adjoining Gordon Park namely installation of retaining walls and removal of rubbish” as it believes it has no liability for the failed retaining wall.

 

4        That Council will not be paying $100,000 compensation for the alleged property damage as it believes it has no liability for the alleged damage.

 

5        That Council will also be seeking an order for costs should it be successful in defending any claims.

 

Amendment:       (Morrison/Ainsworth)

 

1           That the matter be deferred until the documents referred to in 2 and 3 have been distributed to Council.

 

2           That Council check their records and obtain a copy of the letter from Spark and Helmore from the late 1990’s concerning Council’s liability and a copy be provided to all Councillors.

 

3           That the report by Douglas and Partners be distributed to Councillors.

 

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

 

84/16 Resolved: (Morrison/Ainsworth)

 

1        That the matter be deferred until the documents referred to in 2 and 3 have been distributed to Council.

 

2        That Council check their records and obtain a copy of the letter from Spark and Helmore from the late 1990’s concerning Council’s liability and a copy be provided to all Councillors.

 

3        That the report by Douglas and Partners be distributed to Councillors.


 

 

DELEGATIONS continued

 

Cr Ainsworth left the meeting at 5.58 pm and returned after the conclusion of the item at 6.06 pm.

 

ITEM 9.11    DA2015/195        250216      Proposed Telecommunications Facility

85/16 Resolved: (Finlayson/MacDonald)

 

That this matter be deferred to the Council meeting on 31 March 2016.

 

For the motion:               Councillors Hoban, South, MacDonald, Finlayson and Flack      (Total 5)

Against the motion:         Councillor Morrison         (Total 1)


 

 

DELEGATIONS continued

 

Cr MacDonald left the meeting for this Item at 6.08 pm and returned at the conclusion of the Item at 6.40 pm.

 

Mr Peter O’Neill—Objector  - addressed Council on Item 9.12

Ms Sandra Edmonds—Objector -  addressed Council on Item 9.12

 

ITEM 9.12    DA2014/198        250216      Modification to Development Consent DA2014/198

Motion:      (Flack/Finlayson)

 

That this item be deferred to a meeting in March to enable an onsite inspection of the site and consideration of concerns raised in the submissions received.

 

Amendment:       (Hoban/Ainsworth)

 

That this item be deferred to a meeting in March to enable an onsite inspection of the site and consideration of concerns raised in the submissions received.

 

That prior to determining this matter Council receive a report on the bushfire implications for both Kingsworth Estate and Old Coast Road residents pending the closure of the Old Coast Road as a through road.  Further, that Mr Chris Clark from the RMS be invited to attend this meeting.

 

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

 

86/16 Resolved: (Hoban/Ainsworth)

 

1        That this item be deferred to a meeting in March to enable an onsite inspection of the site and consideration of concerns raised in the submissions received.

 

2        That prior to determining this matter Council receive a report on the bushfire implications for both Kingsworth Estate and Old Coast Road residents pending the closure of the Old Coast Road as a through road.  Further, that Mr Chris Clark from the RMS be invited to attend this meeting.


 

 

DELEGATIONS continued

 

Mrs Jean Robinson – Objector – addressed Council on Item 9.17 and provided a prepared statement which is on File SF2156.

 

ITEM 9.17    SF2156              250216      Result Of Exhibition For DCP Service Centre 5 Boggy Creek Road Valla

87/16 RESOLVED:          (Finlayson/Ainsworth)

 

1          That Council adopt the DCP for 5 Boggy Creek Road.

 

2          That Council advertise the adoption of the Nambucca DCP 2010 in accordance with the Environmental Planning and Assessment Regulation 2000 and specify that the Nambucca DCP 2010 will commence upon gazettal.

 

4          That Council notify all persons who made a submission to the draft Nambucca DCP 2010 and advise that the Nambucca DCP 2010 was adopted by Council subject to the amendments identified in 1 above.

 

For the Motion:               Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, Flack and Morrison

                                       (Total 7)

Against the Motion:         Nil


 

 

ASKING OF QUESTIONS WITH NOTICE

 

There are no questions with notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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


 

 

General Manager Report

 

ITEM 9.1      SF959                250216      Outstanding Actions and Reports

88/16 RESOLVED: (Flack/MacDonald)

 

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


 

 

ITEM 9.2      SF1327              250216      Proposed Placement of Low Powered FM Broadcasting Antenna at the Valla Beach Tennis Club

89/16 RESOLVED: (Finlayson/South)

 

1        That Council endorse in principle the proposed placement of a low powered FM broadcasting facility at the Valla Beach Tennis Club subject to checks being made in relation to the appropriate rental and Radio 4GG Gold Coast Pty Ltd entering into an appropriate lease or licence.

 

2        That the Valla Beach Tennis Club be remitted all rent for the facility.

 

3        That Council’s seal be attached to any lease or licence if required.

 

Note:  Cr Flack requested her vote be recorded against the resolution as there has been no consultation with the Valla Beach community.


 

 

ITEM 9.3      SF842                250216      Council Representatives on Committees of Management - 2016

90/16 RESOLVED: (Ainsworth/MacDonald)

 

That Council note the roster for attendance at the Annual General Meetings for Section 355 Committees for 2016.


 

 

ITEM 9.4      SF2211              250216      2016 Customer Satisfaction Survey

91/16 RESOLVED: (Ainsworth/Finlayson)

 

That Council endorse the proposed questions for the 2016 Community Satisfaction Survey subject to the proposed minor change to question 25 and the deletion of question 26.


 

 

ITEM 9.5      SF665                250216      Approval to take a Dividend from the Surplus in the Water Fund

92/16 RESOLVED: (Ainsworth/Morrison)

 

That Council note the approval to take a dividend of $180,522 from the surplus of Council’s water supply business to its general revenue.


 

 

Item 9.6 was dealt with under Delegations.


 

 

ITEM 9.7      SF849                250216      Public Waterfront Structure - Licence No 407880

93/16 RESOLVED: (Ainsworth/Finlayson)

 

1        That Council provide written consent from the Council managed Reserve Trust to Crown Lands for the licence for ANZAC Park Jetty to be included on the licence known as (Li407880).

 

2        That Council approve, as the Crown Land Trust Manager, the signing of the licence and the application of Council’s seal as required.

 

Note:  Cr Flack requested her vote be recorded again this item for the following reasons: i) the Jetty is not identified in Nambucca Heads Master Plan; ii) it is public land and there has been no public consultation; iii) no plans have provided to Councillors. 


 

 

ITEM 9.8      DA2012/011        250216      Modification DA2012/011 Nambucca Gardens Estate
Lot 2 DP 1119830 Alexandra Drive Nambucca Heads

94/16 RESOLVED: (Finlayson/Flack)

 

That the matter be deferred to the second Council meeting in March (31 March) 2016.


 

 

ITEM 9.9      SF544                250216      Bellwood Local  Roads and Traffic Infrastructure Development Contribution Plan 2009 - withdrawal

95/16 ReSOLVED: (Finlayson/Flack)

 

That the matter be deferred to the second Council meeting in March (31 March) 2016.


 

 

ITEM 9.10    DA2015/099        250216      Use of Public Reserve as Asset Protection Zone for Proposed Development

96/16 RESOLVED:          (Finlayson/Flack)

 

That the matter be deferred to the second Council meeting in March (31 March) 2016.

 


 

 

Item 9.11 was dealt with under Delegations.


 

 

Item 9.12 was dealt with under Delegations.


 

 

Item 9.13 (Dawkins Park Improvements) was DEFERRED TO 17 MARCH 2016 MEETING


 

 

ITEM 9.14    SF766                250216      Royal Far West Shared Community Teletrial

97/16 RESOLVED: (Flack/Ainsworth)

 

1        That the opportunity for Council to directly participate in the Connected Community Trial Project's local working party be noted, with interested Councillors nominating if they wish to participate.

 

2        That Council make a one-off financial contribution of $1,000 to the joint community funding pool for the Shared Community Trial.


 

 

ITEM 9.15    SF2173              250216      Outstanding DAs greater than 12 months OR where submissions received - 4 February - 17 February 2016

98/16 RESOLVED: (Finlayson/MacDonald)

 

That the information be noted by Council.


 

 

ITEM 9.16    SF1031              250216      Review of Donations Policy

99/16 RESOLVED: (Ainsworth/Finlayson)

 

1        That Councillors provide any comments on the reviewed policy within 14 days, after which time it will be reported back to Council, for adoption, with any comments/submissions taken into consideration.

 

2        That, if the reviewed Policy - “Donations Policy” - is adopted by Council, Council’s current Policy titled “Donations Policy” be updated at that time.


 

Item 9.17 was dealt with under Delegations.


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1974              250216      Nambucca Shire Council - Asset Management Audit Preparedness Assessment

100/16 RESOLVED:        (Flack/Ainsworth)

 

That Council receive the Auditor’s report on Nambucca Shire Council’s Asset Management Audit Preparedness Assessment.


 

 

ITEM 10.2    SF2127              250216      December 2015 Budget Review

101/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That the budget review for the quarter ended 31 December, 2015 be received.

 

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


 

 

ITEM 10.3    SF395                250216      2015/16 Borrowing Program

102/16 RESOLVED:        (Finlayson/MacDonald)

 

1        Council approve new borrowings of $1,500,000 for Infrastructure Works ($1,000,000 Bridges and $500,000 Roads) as provided for in the 2015-16 Operational Plan.

 

2        That Council approves the execution of a Loan Agreement between Nambucca Shire Council and New South Wales Treasury Corporation.

 

3        The approved terms of the loan are Credit Foncier Loan for $1,500,000, for a 20 year term with a fixed interest rate and biannual repayments.

 

4        The General Manager accept NSW Treasury Corporation’s interest rate and execute drawdown.

 

5        Council authorise the Mayor and/or the General Manager to execute the Loan Agreement.

 

6        That in the event NSW Treasury Corporation requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement.


 

 

ITEM 10.4    SF251                250216      Schedule of Council Public Meetings

103/16 RESOLVED:        (Ainsworth/Flack)

 

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


 

 

ITEM 10.5    SF342                250216      Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 1 February 2016

104/16 RESOLVED:        (MacDonald/Finlayson)

 

That Council endorse the Valla Beach Tennis Courts Committee of Management’s minutes of the Annual General Meeting held on 1 February 2016 and thank the outgoing Committee for their work in the past twelve months.


 

 

ITEM 10.6    SF1897              250216      Scotts Head Events Committee of Management AGM - 7 October 2015 - Minutes and Financial Statement

105/16 RESOLVED:        (Ainsworth/Finlayson)

 

That Council endorse minutes for the Scotts Head Events Committee of Management’s Annual General Meeting held on 7 October 2015.


    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

106/16 Resolved:        (Ainsworth/MacDonald)

 

1        That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed.

 

Reason reports are in Closed Meeting:


 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF2182              250216      General Manager Total Remuneration Package for Contract commencing 1 April 2016

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.


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.15 pm.

 

 

RESUME IN OPEN MEETING

 

107/16 RESOLVED:        (Ainsworth/MacDonald)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.34 pm.


 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF2182              250216      General Manager Total Remuneration Package for Contract commencing 1 April 2016

108/16 RESOLVED:        (MacDonald/Finlayson)

 

That the value of the total remuneration package for the General Manager’s contract commencing 1 April 2016 be $227,510.


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.35 pm. 

 

Confirmed and signed by the Mayor on 17 March 2016.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

    


Ordinary Council Meeting                                                                                                  17 March 2016

Notice of Motion

ITEM 5.1      SF2183            170316         Notice of Motion - Request for Leave Mayor, Cr Rhonda Hoban (SF346)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

I request leave of absence for the period 13 to 17 June 2016 inclusive.

 

 

Recommendation:

 

That the Mayor, Cr Rhonda Hoban, be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 13 to 17 June 2016 inclusive.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  17 March 2016

Notice of Motion

ITEM 5.2      SF2183            170316         Notice of Motion - Australian Fire Service Medal - Darryl Lang AFSM (SF823)

 

AUTHOR/ENQUIRIES:    John Ainsworth, Councillor         

 

Summary:

 

The Australian Fire Service Medal recognises distinguished service by members of Australian fire services. It is awarded to paid and volunteer members.  On 26 January 2016 Mr Darryl Lang AFSM (of Macksville) was awarded the Australian Fire Service Medal.

 

Darryl has had over 55 years of fire service and this medal is proof of his distinguished service, professionalism and dedication to the Australian fire service.

 

 

Recommendation:

 

That Council congratulates Mr Darryl Lang ASFM on his distinguished service, professionalism and dedication to the Australian Fire Service and on receiving recognition for same by way of receiving the Australian Fire Service Medal.

 

 

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                                  17 March 2016

General Manager

ITEM 9.1      SF959              170316         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

The draft Floodplain Risk Management Plan has been circulated to Councillors and the Estuary Committee.

 

Council has received a preliminary draft of the flood Risk Management Study and Plan which is presently being reviewed. The report will be distributed to Council and the Nambucca Rivers Creeks and Coastline Management Committee after this review is complete.

 

Council staff are still in the process of reviewing the draft document.

 

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

The project is awaiting the completion of the floodplain risk management matrix.

 

Council has received a preliminary draft of the flood Risk Management Study and Plan which is presently being reviewed. The report will be distributed to Council and the Nambucca Rivers Creeks and Coastline Management Committee after this review is complete.

 

Council staff are still in the process of reviewing the draft document

 

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. 

 

 

DECEMBER 2013

 

4

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

 

5

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.

 

Council has been advised that its funding application was unsuccessful.

 

 

SEPTEMBER 2014

 

6

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.  A question is now to be included in the community survey to be undertaken in March 2016.

 

 

DECEMBER 2014

 

7

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.

DA for highway service centre currently on exhibition.  The plans show a “Council Area” of about 70m2.  The matter is being brought to the attention of Nambucca Valley Tourism as a final decision needs to be made on what, if any, tourism marketing will be conducted at the Centre. 

 

 

MARCH 2015

 

8

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.

 

The early estimates of annual depreciation for the northern section of the Pacific Hwy (Nambucca Heads to Oyster Creek) assets are proposed to be transferred is approximately $1million per annum. 

 

 

APRIL 2015

 

9

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

 

10

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

 

11

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

 

12

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 2015.

 

Response received from Minister and report to a meeting in March 2016.

 

SEPTEMBER 2015

 

13

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 April 2016

Consultants engaged. RMS reviewing data supply.

 

Still being assessed; report not complete; briefing now scheduled for April 2016.

 

 

OCTOBER 2014

 

14

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

 

15

DA2015/

191

 

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 29/10/15).

Letter sent.10 February 2016.

 

The number of cats was reduced to an acceptable number but an inspection in January indicated that breeding cages were being used.  A notice of intention to serve an order will be served.

 

 

16

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.  Proposed to report to second meeting in January 2016.

 

A letter has been sent requiring the lodgement of a DA for the continued use of the container.

 

NOVEMBER 2015

 

17

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

 

18

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

Response received from LGNSW supporting Council’s representations and indicating they will also lobby in relation to the issue.

 

 

 

19

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

 

20

SF1855

26/11/15

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

 

GM

Report late 2017

 

JANUARY 2016

 

21

LF13

14/1/16

Council note the presentation by Mr Scott Kennedy & Ms Belinda White and that a further report be provided to Council in relation to the matter, and particularly concerning the number of dogs which should be allowed to be kept at the property.

 

GM

Report either 28 January 2016 or the first Council meeting in February.

 

An inspection is being organised prior to Council’s meeting on 25 February 2016.

 

Inspection deferred due to another DA inspection.  Scheduled for 31 March 2016.

 

 

 

22

SF102

14/1/16

That the Engineering staff consider and report on an overall plan for the parking of bicycles.

 

AGMES

Report to meeting in April 2016

 

Report to be presented to the March 2016 Council meeting.

 

23

SF996

28/1/16

Council review its Compliance, Enforcement and Prosecution Policy based on the NSW Ombudsman 2015 Enforcement Guidelines for Councils

 

GM

Report March 2016

 

FEBRUARY 2016

 

24

SF2183

11/2/16

That the Notice of Motion concerning climate change be deferred to the first Council meeting in April 2016.

 

GM

List for Council meeting on 14 April 2016

 

25

SF848

11/2/16

That the customer’s progress in reducing the outstanding balance on their water account be reviewed in July 2016 in a report to Council.

 

AGMCS

List for a meeting in July 2016

 

26

LF4225

25/2/16

Kelli Leckie – Notice of Proposed Legal action against Council and Crown Lands – that the matter be deferred until documents being a letter from Sparke and Helmore and the report by Douglas & Partners have been distributed to Councillors.

 

GM

Listed for meeting on 17 March 2016

 

27

DA2015/195

25/2/16

Proposed NBN Tower – Gumma – deferred to 31 March 2016.

 

GM

Report to 31 March 2016

 

28

DA2014/198

25/2/16

Modification to development consent - to connect Old Coast Road to Florence Wilmont Drive.

 

GM

 

 

29

DA2012/11

25/2/16

Modification to development consent – reconstruction of Alexandra Drive – deferred to 31 March 2016

 

GM

Report to 31 March 2016

 

30

SF544

25/2/16

Bellwood Local Roads and Traffic Infrastructure DCP – deferred to 31 March 2016

 

GM

Report to 31 March 2016

 

31

DA2015/099

25/2/16

Use of Public Reserve as Asset Protection Zone for Proposed Development – deferred to 31 March 2016

 

GM

Report to 31 March 2016

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                  17 March 2016

General Manager

ITEM 9.2      LF4225             170316         Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council determine its position.

 

 

OPTIONS:

 

Council could agree to Ms Leckie’s claims being to install appropriate drainage in Nelson Street; install retaining walls and remove rubbish and pay compensation estimated at $100,000.

 

Council could seek legal advice.

 

Council could seek to participate in mediation.  To achieve an outcome through mediation one or more Councillors should be provided with delegated authority to enter into arrangements which are binding on the Council.

 

Council could respond and act as per the previous recommendation to Council’s meeting on 25 February 2016 being points 1 to 5 or it may elect to adopt only some of the points.

 

The Council could agree to support the sale of the 290m2 of Gordon Park to Mr & Mrs Leckie as originally requested.  Reconsideration of the matter should come forward via a rescission motion of Council’s resolution of 11 February 2016.

 

 

DISCUSSION:

 

Council has received the attached letter in relation to proposed litigation against Council.

 

At Council’s meeting on 25 February 2016 it was resolved as follows:

 

“1.      That the matter be deferred until the documents referred to in 2 and 3 have been distributed to Councillors.

 

2.       That Council check their records and obtain a copy of the letter from Sparke and Helmore Lawyers from the late 1990’s concerning Council’s liability and a copy be provided to all Councillors.

 

3.       That the report by Douglas and Partners be distributed to Councillors.”

 

The advice/letters Council received from Sparke and Helmore Lawyers have been located and are reported in Closed Meeting as they contain advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

The report by Douglas Partners is in two volumes, the first being a Stage 1 report from October 2003 and titled “Report on Natural Disaster Risk Management Study – Nambucca Coastal Strip Stage 1: Slope Stability Hazard Identification.”  It is approximately 200 pages in length and contains many A3 folded site identification maps and coloured photographs.  Councillors are welcome to view the report which is retained by Council’s Engineering Designer in a small library of reference books.  A 117MB digital copy of the report has now been obtained and placed into trim, document no. 7089/2016.  It is proposed that the report be distributed to Councillors via the Dashboard (business paper) software.

 

The Stage 1 report comprises mapping of potential slope stability hazards for Nambucca Heads, Scotts Head and Valla Beach and analysis of that data to produce slope stability hazard maps.  The identification of hazards was based on geomorphology, geology and visual inspection.  No subsurface investigation was undertaken.  The risk assessment of the hazards identified was generally a qualitative analysis.

 

The report made observations in relation to 29 sites at Scotts Head, 108 sites in Nambucca Heads and 22 sites in Valla Beach.

 

In relation to the Leckie property at 2 Nelson Street and the adjoining steep embankment, the pertinent findings of the Douglas Partners report in relation to the matter were last referenced in a report to Council on 12 March 2015.  But they were also referenced in the original report to Council concerning the matter on 25 October 2012.

 

The relevant provisions from the report are as follows:

 

Site Reference

Location

Observed Features

Observed Instability

Comments

NH44

Cliff at east end Nelson St

Nelson St terminates at crest of 10m cliff.  To south motel car park at crest with 1m high retaining wall.  To north house, deck and retaining wall at crest.  Cracking at SE corner of house consistent with creep.  Retaining wall leans downslope at 20 degrees to vertical.

Minor movement

Large trees at crest and batter and vegetation critical to stability.

 

The report contains coloured photographs of the retaining wall and the cracking.

 

There is also an A3 table concerning the site which has the following assessment of the hazard, the consequences of the hazard and the risk treatment options:

 

Hazard Description

Slip on property north of Nelson Street, effecting part of house and retaining walls (NH44)

Existing or Potential

Existing – Creep

Potential – Slip

Classification

Creep

Slip

Likely initiating circumstances

Rain

Vegetation removal

Elements at Risk

Wall & south east corner of house and retaining wall

Consequences for Property

Medium (for house) Major (for retaining wall)

Perceived Risk to Life

Unlikely unless house collapsed

Currently Assessed Likelihood

Likely to almost certain (for house) possible (for retaining wall)

Risk Evaluation for Property

High for house

Medium for retaining wall

Risk Treatment Options

Maintain vegetation and monitor

Emergency stabilisation if necessary

Large scale stabilisation of cliff face

Set back structures from cliff on redevelopment

Comments

On redevelopment, set structures back 10m from cliff unless specific geotechnical assessment is conducted.

 

In 2007 Douglas Partners produced a Stage 2 report which comprised the formal assessment of ten selected sites as agreed between Douglas Partners and Nambucca Shire Council.  This report is approximately 150 pages and again Council does not have a digital copy.  The ten sites selected for formal assessment were agreed on the basis of the hazard rating and the consideration of the importance of the asset at risk, the perceived risk to life and whether or not the hazard was better addressed as part of future development.  Mini reports were presented for each of the ten selected sites.  The sites chosen were:

 

1.         Southern Headland, North Valla Beach

2.         Sea Cliffs South of North Valla Beach

3.         Wellington Drive

4.         Car Part at Main Beach, Nambucca Heads

5.         Western Side of Access Road to Main Beach, Nambucca Heads

6.         Downslope Fill Batter of Riverside Drive

7.         Road Cuttings and Scarp Upslope of Riverside Drive

8.         Cutting behind Surf Club, Main Beach, Scotts Head

9.         Western end of Little Beach, Scotts Head, adjacent to Elephant Head

10.        Corner of Matthew and Vernon Streets, Scotts Head.

 

The site NH44 was not considered in the Stage 2 report.

 

 

CONSULTATION:

 

The letter Council apparently received from Sparke Helmore solicitors was referred to by Ms Leckie in her address to Council.  The assistance of Ms Leckie was sought in either providing a copy of the letter or any information which may help staff to locate the letter/advice.  It obviously predates Council’s current electronic records system and correspondence is more difficult to trace.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

 

Social

There are no social implications.

 

Economic

There are no economic issues.

 

Risk

Besides the threat of legal action, the various risks have been previously reported on.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

This will depend upon the selected course of action.  If Council engages a solicitor it will be paying between $320 and $340 per hour plus expenses.

 

Source of fund and any variance to working funds

Again this will depend upon the selected course of action.

 

Service level changes and resourcing/staff implications

At this stage there are no significant resourcing/staff implications.

 

 

Attachments:

1

5677/2016 - 2 Nelson Street - Advice of Litigation

 

  


Ordinary Council Meeting - 17 March 2016

Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands

 



Ordinary Council Meeting                                                                                                  17 March 2016

General Manager's Report

ITEM 9.3      SF674              170316         Extension of Existing Contract for Waste Collection Service

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Waste Collection Contract No. 04/05-183-TO that is currently on foot is due to expire on 27 May 2016.  At Council’s meeting on 24 September 2015 it was resolved to delegate to the General Manager authority to negotiate an extension for a period of 12 months beyond the current contracts finish date, and with an option to extend for a second period of up to a further 12 months.

 

The purpose of this report is to advise Council that negotiations with the Contractor have taken place in order to arrive at an agreement on the final terms and conditions acceptable to both parties.

 

Those terms are now advised to Council in this report, and will be codified and executed in the form of a Deed of Variation to the existing Contract if Council so resolves.

 

 

Recommendation:

 

That Council:

 

1.       Notes its previous delegation of authority to the General Manager to negotiate, with the incumbent Waste Collection Contractor (Handybin), an extension to the existing contract period.

 

2.       Notes that negotiations have been conducted with the incumbent Waste Collection Contractor (Handybin) and the terms and conditions agreed upon are detailed in this report.

 

3.       Resolves to accept the terms and conditions of the extension to the existing contract as contained in this Report.

 

4.       Notes that the extension to the existing contract will be affected by a Deed of Variation which will be executed by the parties on or before 26 May 2016.

 

5.       Authorise that the Deed of Variation be executed under Council Seal.

 

 

OPTIONS:

 

Options available to Council include:

 

1.       Adopt the recommendations which would allow the existing Contract to be extended under the terms advised in this report. This would allow the Waste Collection Services to be tendered and let with the least risk to Council.

 

2.       Amend the recommendation provided to Council adopting an alternative extension date. If this date was a shorter period it would cause issues with competitive tendering, if it were longer it would delay the new Contract. A further delay would be created by the need to liaise with the CCWS partner councils to achieve agreement on the amendment made.

 

3.       Reject the recommendations provided to Council and adopt an alternative that would provide a shorter Tender and ‘tooling up’ period possibly exposing Council to less than competitive tendering. A further delay would be created by the need to liaise with the CCWS partner councils to achieve agreement on the amendment made.

 

 

DISCUSSION:

 

This is a “template” report prepared by the staff of Coffs Harbour City Council for the purposes of the three Coffs Coast waste councils considering an extension of the existing waste collection contract.  Each Council will be considering a like report including like recommendations.

 

Coffs Harbour City Council is in partnership with Bellingen Shire Council and Nambucca Shire Council with regards to Waste Services as Coffs Coast Waste Services (CCWS). Currently the councils have a Kerbside Collection and operation of the Material Recycling Facility contract with Handybin Waste Services. That contract expires on 27 May 2016.

 

Council, in consideration of Extenuating Circumstances under the provisions of the Local Government Tendering Regulations, has previously delegated to the General Manager, by resolution, the authority to negotiate an extension to this contract.

 

Negotiations have been conducted, under that delegation of authority to the General Manager, with the Contractor by a team of duly authorised Council officers comprised of members of all three CCWS councils. The negotiations and negotiating methodology were overseen by an appointed Probity Officer and were conducted in accordance with the provisions of a documented Probity Plan which was drafted specifically for that purpose. No departures from the provisions of the Plan were identified by the Probity Officer.

 

The terms and conditions of an extension to the existing contract, which are agreeable to all parties to those negotiations, are provided immediately below in italics. In order to extend the contract the terms and conditions of the extension will now need to be codified into a Deed of Variation to the existing contract and signed by the Contractor before the expiry of the existing contract on 27 May 2016.

 

Waste Collection Services for CCWS

Contract 04/05-183-TO

Handybin Waste Services and the Councils of Coffs Coast Waste Services

Terms for the Extension of Contract

 

1.         Extension Time Frame

Contract Item                                                                         Date

Existing Contract Completion                                           27 May 2016

Extension 1 for a period of 12 months                               26 May 2017

Optional Extension 2 for a period of up to 12 Months          up to 25 May 2018

 

The exercise of Optional Extension 2 will be on notice from Coffs Harbour City Council to Handybin Waste Services (HWS)

 

2.         Deed of Variation

The extension of Contract 04/05-183-TO will be effected by a Deed of Variation which will be executed by the parties on or before 26 May 2016 to take effect from 27 May 2016.The Contract as varied by the Deed of Variation will be on the same terms as the existing Contract except for:

a.       inclusion of Extension 1, and Optional Extension 2 as set out in paragraph 1 above; and Paragraphs 3 and 4 below.

 

3.         Cost of Services

a.       HWS will continue to provide all of the current services provided as part of the Collection Services for Coffs Coast Regional Waste Services Councils (under the terms of the current contract and recognising that there have been recent variations negotiated to the services provided to some Councils) for duration of the extension(s)

b.       For the extension period(s), HWS offers a rebate of $100,000.00 on a risk sharing arrangement in relation to the maintenance of collection vehicles as follows:

I.    A rebate of $100,000.00 per 12 month period (or pro-rata for a shorter period for Optional Extension Period 2), minus any costs of major or unexpected repair to the major drive line (motor, gearbox and differential) of any of HWS collection vehicles, will be paid to each Council proportionally as determined by the Councils.

II.   HWS will provide a full cost summary at the end of the extension period(s) and will pay the rebate amount applicable. Council can stipulate the reporting format required and audit the accounts submitted.

III.  If HWS spends in excess of $100,000.00 there will be no penalty to the Councils.

 

4.         Bank Guarantee

The Current Bank Guarantee held by Coffs Harbour City Council has expired. HWS will provide a new unconditional Bank Guarantee in the value of $500,000 for the duration of the extended period(s) being:

a.   26 May 2017 if the of the Optional Extension is not exercised;

b.   up to 25 May 2018 if  Optional Extension 2 is exercised.

 

In the event that the EPA imposes a Financial Guarantee of $100,000 on HWS as a result of a Licence Condition, the Council’s agree to reduce the Guarantee held by them by the corresponding amount.

 

If extended as per the terms and conditions Council will have authorised an extension of the service for a stipulated period of 12 months from the 27 May 2016 which automatically expires on the 26 May 2017. Council will also have the voluntary option of extending the service for a further period of duration up to, but not exceeding, 12 months out to 25 May 2018.

 

Council is requested to authorise that the Variation to the Contract process now proceed as described above by resolving as recommended.

 

Issues:

 

Council may only enter into contracts using a process that is compliant with the Local Government Act and Regulations. The intent of the Act and Regulations generally is to ensure that open and competitive tendering occurs prior to entering into contract arrangements. Departures from that intent, such as extending a contract beyond its end date as advised here, may only be implemented if they meet the defined circumstances stipulated in the relevant provisions of the same Act and Regulations.

 

Coffs Harbour City Council has received legal advice from Lawyers, HWL Ebsworth, which is subject to Legal Professional Privilege, with regards to compliance with the LGA and Regulations and the existence of extenuating circumstances.

 

Due to the nature of the CCWS tripartite approach to waste services taken by Coffs Harbour City Council, Bellingen Shire Council, and Nambucca Shire Council any departure from the course of action advised in this report would necessarily require the concurrence and agreement of all three councils. This same Report therefore is being presented contemporaneously for the consideration of all three councils.

 

 

CONSULTATION:

 

Council has consulted with the partner councils of Coffs Harbour and Bellingen.  They will be submitting a similar report to their respective councils to gain concurrence for the recommendations.

 

Coffs Harbour City Council (on behalf of all councils) has received supporting legal advice form Lawyers, HWL Ebsworth with regards to compliance with the Local Government Act and Regulations.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Coffs Coast Waste Services provide some of the highest levels of waste services, recycling, reuse and processing in Australia. The extension of the current Contract will have no adverse environmental impact, as the existing 3 bin arrangement will be maintained.

 

Social

 

There is unlikely to be any adverse social impact by the extension of the existing Contracts. Local employment and investments will continue, and the service will continue to enhance community wellbeing by providing a continuation of a high quality service to the community

 

Economic

 

The extension of the contract will continue to provide local employment and services for the community. It will not impact on the positive economic viability that a best practice waste management service currently provides.

 

Risk

 

The major risks that have been identified are:

 

1.  Compliance with the Local Government Act and Regulation with regards the extension of the existing Contract.

 

Coffs Harbour City Council’s lawyers advise that the circumstances nominated in the previous Council report are extenuating, and the extension of the Contract complies with the tender requirement exemption under section 55(3)(i) of the Local Government Act.

 

2.  Calling of Tenders with a short Tender and ‘tooling up’ period could result in a non-competitive tender process and possible below standard submissions.

 

Delays nominated in the previous Council report should not necessitate a rushed tender process that would leave the Councils exposed to financial and service level risks. The councils will control this risk by ensuring the tender and ‘tooling up’ periods are such that quality and competitive tenders are received.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Extensions of the current contract are not expected to adversely affect the Operational Plan or Delivery Program.  Depending upon the take up of the proposed trial bulky goods voucher system there may be a future budget saving.  The outcome of the trial will allow the community and Council to assess the trade-off between service level and price before entering into a new contract.

 

Source of fund and any variance to working funds

 

The proposed trial bulky goods voucher system may have some minor impact on working funds.

 

Service level changes and resourcing/staff implications

 

As indicated the trial bulky goods voucher system will allow the community and Council to assess the trade-off between service level and price before entering into a new 10 year contract.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  17 March 2016

General Manager's Report

ITEM 9.4      SF1963            170316         Community Housing Limited -v- Clarence Valley Council & Others

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

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

 

By decision delivered on 19 October 2015, the Court of Appeal which was constituted with three judges upheld the appeal by Community Housing Ltd with the councils being ordered to pay the costs of Community Housing Limited.

 

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

 

The legal action has cost Council $38,426 plus $11,851 for writing back three years of rates on 5 properties owned by Community Housing Ltd.  The purpose of this report is to advise that Marsdens, the legal firm representing the six Councils involved in the legal action being Clarence Valley Council, Parramatta City Council, Port Macquarie Hastings Council, Gosford City Council and Coffs Harbour City Council has now reached agreement on a discounted costs claim of $198,000, being $33,000 for each Council.  Therefore Council’s total legal expenses in the matter are $71,426.

 

 

Recommendation:

 

That the information concerning the legal expenses arising out of the appeal Community Housing Limited–v-Clarence Valley Council & Others be received.

 

 

OPTIONS:

 

There are no options.  Based on legal advice, the discounted costs offer of $198,000 for the six councils ($33,000 per Council) has been agreed.

 

 

DISCUSSION:

 

This matter was last reported to Council on 12 November 2015.  It will be recalled that Community Housing Limited took action against this Council and other Councils who had made the same determination that they should pay rates.  In the first instance the Councils were successful in defending an appeal in the NSW Land and Environment Court.

 

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

 

At Council’s meeting on 12 November 2015 it was resolved:

 

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

 

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

 

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

 

That, wherever possible, Council, with regard to shared expenses in the future, consider a pro rata share of costs as opposed to equal expense splitting.”

 

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

 

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

 

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

 

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

 

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

 

The purpose of this report is to advise that Marsdens, the legal firm representing the six Councils involved in the legal action being Clarence Valley Council, Parramatta City Council, Port Macquarie Hastings Council, Gosford City Council and Coffs Harbour City Council has now reached agreement on a discounted costs claim of $198,000, being $33,000 for each Council.  Therefore Council’s total legal expenses in the matter will be $71,426.

 

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

 

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

 

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

 

The Council has made representations to the Minister for Social Housing, the Hon. Brad Hazzard as well as to Local Government NSW in relation to this cost shifting.  Council has received the attached response from Local Government NSW.  At the date of preparing this report there had been no response from the Minister to Council’s letter.

 

 

CONSULTATION:

 

Chris Wills – Rates Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The major risk discussed in the report is the potential for public housing stock to be transferred to community housing providers and changing from a status of rateable to non-rateable.  The Department of Housing is the registered owner of 240 residential properties in the Nambucca Valley.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The Council’s legal costs to date including the payment of the costs order are $71,426.

 

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

 

Source of fund and any variance to working funds

 

The costs settlement has resulted in Council’s allocation for Corporate Services Legal Expenses ($90,000) being fully spent with about 33% of the financial year remaining.  An increase in the budget item will be required at the next quarterly budget review.

 

Service level changes and resourcing/staff implications

 

There are no resourcing implications.

 

Attachments:

1

145/2016 - Response from LGNSW

 

  


Ordinary Council Meeting - 17 March 2016

Community Housing Limited -v- Clarence Valley Council & Others

 




Ordinary Council Meeting                                                                                                  17 March 2016

General Manager's Report

ITEM 9.5      SF968              170316         Nambucca Valley Netball Association - Request to Waive $1,300 Invoice for the Supply and Planting of Trees

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council waive the invoice of $1,265 (including GST) issued to the Nambucca Valley Netball Association for the supply and planting of four Tuckeroo trees and that the Nambucca Valley Netball Association be advised accordingly.

 

 

OPTIONS:

 

Council can insist that the Nambucca Valley Netball Association pay the $1,264.00 invoice.

 

 

DISCUSSION:

 

Council has received the attached letter from the Nambucca Valley Netball Association.

 

With the recently completed redevelopment of the Macksville Park precinct there is an outstanding (unpaid) invoice issued to the Nambucca Valley Netball Association for $1,264 for the supply and planting of shade trees.

 

When a number of trees were removed from the netball precinct to provide for the new concrete footpath a representative of the Netball Association enquired about the provision of some replacement trees.  Council has evidence that an agreement was then apparently entered into whereby a representative of the Netball Association agreed to a quote for the supply and planting of 4 advanced Tuckeroo Trees on the southern side of the netball courts at a cost of $1,264 including GST.

 

The matter was discussed at the Netball Association’s AGM and representations have been made to Council for this invoice to be waived and presumably for Council to accept responsibility for the funding of the work as part of the redevelopment of the Park precinct.

 

It is agreed that the Nambucca Valley Netball Association is a well-managed sporting organisation who are repaying Council $3,333 per annum for a 10 year period commencing in 2010 as their financial contribution towards the rebuilding of the courts which occurred in 2009.

 

It is further agreed that as Council removed a number of shade trees at the netball courts to construct the concrete footpath that Council should accept financial responsibility for their replacement.

 

 

CONSULTATION:

 

There has been consultation with staff in Council’s engineering section.  The matter was raised with the General Manager when he attended the Nambucca Valley Netball Associations Annual General Meeting.  The Association acts as a Section 355 Committee in managing the Macksville netball complex.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The work has been completed.

 

Social

 

There are no significant social implications.  The Council does rely heavily on its volunteer Committees of Management maintaining its sporting and social facilities and needs to ensure that this is approached in the manner of a cooperative partnership.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no major risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The waiving of the invoice will have a minor impact on Council’s budget.

 

Source of fund and any variance to working funds

 

There may need to be a variation to working funds if the funds cannot be found in the parks maintenance budget.

 

Service level changes and resourcing/staff implications

 

There is no service level or resourcing/staff implications.

 

Attachments:

1

3514/2016 - Request to have invoice for supply and planting of trees waived

 

  


Ordinary Council Meeting - 17 March 2016

Nambucca Valley Netball Association - Request to Waive $1,300 Invoice for the Supply and Planting of Trees

 


Ordinary Council Meeting                                                                                                  17 March 2016

General Manager's Report

ITEM 9.6      SF2156            170316         Preparation of Development Control Plan for Valla Growth Area

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Council has been receiving and dealing with enquiries for the establishment of new businesses in the Valla Growth Area, most recently in relation to the proposed Highway Service Centre and also in relation to enquiries about the establishment of new businesses on the land acquired by Council on Boggy Creek Road.

 

Rather than continue to respond to a Development Control Plan (DCP) requirement and queries about zone boundaries in an “ad hoc” way, it is proposed that Council commit to the preparation of a comprehensive DCP as required by Clause 6.2 of its Local Environmental Plan and at the same time take the opportunity to review the zone boundaries so as to be proactive in resolving enquiries which may be received from property owners.

 

 

Recommendation:

 

That Council make provision in its operational plan for 2016/17 for the expenditure of $40,000 on the preparation of a Development Control Plan for the Valla urban release area including a review of zone boundaries.

 

 

OPTIONS:

 

The Council could resolve to defer the work with the risk that it would not be able to respond to enquiries for new employment generating development in a timely way.

 

There is no option not to undertake the preparation of a DCP because at some stage it will be required for the approval of new development in the urban release area.

 

 

DISCUSSION:

 

The Council has been receiving and dealing with enquiries for the establishment of new businesses in the Valla Growth Area, most recently in relation to the proposed Highway Service Centre and also in relation to enquiries about the establishment of new businesses on the land acquired by Council on Boggy Creek Road.

 

Section 6.2 of the Nambucca Local Environmental Plan requires that a development control plan (DCP) be adopted before Council can grant consent for any new development in the urban release area.  The provisions of Clause 6.2 are listed in italics.

 

There was a report to Council’s meeting on 25 February 2016 which considered a Development Control Plan for the proposed Highway Service Centre.  A discrete DCP was required in order that the development application for the Highway Service Centre with its 30-40 equivalent full time jobs could be considered without undue delay.

 

At the meeting on 25 February, the Council also heard a delegation from Mrs Jean Robinson who owns land which extends from Boggy Creek Road south to the rear of the proposed Highway Service Centre.  Mrs Robinson’s land which has an area of 18.39 hectares is zoned IN1 General Industrial (the half north of Boggy Creek), E3 Environmental Management being mainly the riparian vegetation along Deep Creek with the southern half of the land adjoining the proposed Highway Service Centre being zoned RU2 Rural Landscape.  Now that the location of the Highway Service Centre is known there would seem to be merit in investigating the potential of the rear of Mrs Robinson’s property for a rezoning from RU2 to IN1 consistent with the remainder of her land.

 

Rather than continue to respond to the DCP requirement and queries about zone boundaries in an “ad hoc” way it is proposed that Council commit to the preparation of a comprehensive DCP as required by Clause 6.2 and at the same time take the opportunity to review the zone boundaries so as to be proactive in resolving enquiries, such as that received from Mrs Robinson.

 

6.2   Development control plan

(1)      The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.

(2)      Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.

(3)      The development control plan must provide for all of the following:

(a)      a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,

(b)      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,

(c)      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,

(d)      a network of passive and active recreational areas,

(e)      stormwater and water quality management controls,

(f)       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,

(g)      detailed urban design controls for significant development sites,

(h)      measures to encourage higher density living around transport, open space and service nodes,

(i)       measures to accommodate and control appropriate neighbourhood commercial and retail uses,

(j)       suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

(4)      Subclause (2) does not apply to any of the following development:

(a)      a subdivision for the purpose of a realignment of boundaries that does not create additional lots,

(b)      a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,

(c)      a subdivision of land in a zone in which the erection of structures is prohibited,

(d)      proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.

 

CONSULTATION:

 

There has been consultation with Mr Danny Whalen; Mrs Jean Robinson; and Council’s Strategic Planner.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no impacts on the environment.  One of the purposes of the DCP is to improve the environmental outcomes of the Valla urban release area beyond what they would otherwise be.

 

Social

 

The construction of the highway upgrade plus the new service roads and highway service centre will change the nature of the area.

 

Economic

 

The preparation of the DCP is necessary to realise the significant potential of the Valla urban release area.  It is interesting to note that in the recently released draft North Coast Regional Plan the only infrastructure investigation locations for priority land release areas on the Coffs Coast is at Valla.  There is no land identified in either Coffs Harbour or Bellingen local government areas.

 

Risk

 

The major risk to Council is not being able to respond to enquiries for new development in the Valla urban release area in a timely way.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be an budgetary requirement of $40,000.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The management of the project can be undertaken by Council staff.

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  17 March 2016

General Manager's Report

ITEM 9.7      SF929              170316         Visitor Information Centre

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager; Coral Hutchinson, Manager Community Development         

 

Summary:

 

Council received the development application for the proposed Highway Service Centre at the Nambucca Heads Interchange on 5 January 2016.

 

With the determination of the development application to occur in the near future, the Council and/or the Nambucca Valley Tourism Association need to determine whether or not there will be a tourism presence in the new Highway Service Centre.

 

 

 

Recommendation:

 

That the Nambucca Valley Tourism Association be requested to advise Council whether or not they seek to lease space or support the leasing of space by Council within the proposed Highway Service Centre at the new Nambucca Heads interchange and if so the area required, noting that any financial support from Council would need to come from the existing tourism and area promotion expenditure which is $153,500 in 2015/16 and otherwise fully committed to operating the existing visitor information centre and undertaking marketing.

 

 

OPTIONS:

 

There are many potential options discussed in the report.  Before exploring those options it is recommended that Council provide the Nambucca Valley Tourism Association (NVTA) with the opportunity to support or otherwise the procurement of space in the new highway service centre.  If the NVTA have no interest in the Service Centre as per the terms in the recommendation then it is foreshadowed that Council advise the proponents that it won’t be seeking any space in the Service Centre.

 

 

DISCUSSION:

 

Council received the development application for the proposed Highway Service Centre at the Nambucca Heads Interchange on 5 January 2016.  The development application plans for the Centre are attached.  It will be noted that following discussions with Council’s Manager Business Development the proponents have, in good faith, made some provision for a “council area” in the DA plans.  Whilst there has been no negotiation in relation to the floor area or rental, at a meeting with BP and the proponents on 5 February the following notes were made by Council’s Manager Community Development who has responsibility for tourism.

 

1.  The development application has an area of 66 sq metres pencilled in for a “Council” tenancy.  BP and RMS will be entering into a 20 year lease arrangement with an option of 10 and will be expecting the same duration with Council.

 

2.  Rents of between $30,000 and $50,000 per annum were mentioned, depending on the actual space required.

 

3.  BP will be wanting confirmation of space and service (water, power, and internet) requirements very soon

 

4.  BP is hoping to open the Travel Centre by Christmas 2016.

 

There was a report to Council’s meeting on 11 December 2014 concerning the delivery of support to the tourism industry with the impending relocation of the Pacific Highway and the on-going migration of people to mobile devices with internet connectivity.  It was questioned whether or not Council’s existing approach to tourism promotion via the operation of a Visitor Information Centre (VIC) on Riverside Drive was the best use of resources into the future given these changes.

 

Note:  The Tourism Co-ordinator’s report to the February meeting of the Nambucca Valley Tourism Association Incorporated showed a 19.7% decline in enquires to the VIC from February 2015.  This was a continuation of a downward trend in enquiries throughout 2015. (See attachment.)

 

The report to the Council meeting on 11 December 2014 listed four potential options for the future provision of tourism promotion being:

 

1        Retain the existing visitor information centre and deliver the same service (status quo)

 

2        Retain the existing visitor information centre plus establish a second visitor information centre at the proposed highway service centre on the Nambucca Heads interchange

 

3        Redirect Council’s investment in tourism from the operation of the visitor information centre to advertising and marketing only (no face to face contact)

 

4        Council withdraws its financial support for tourism promotion.

 

In response to the report it was resolved that:

 

“Council seek expressions of interest from Bellingen Shire Council and Coffs Harbour City Council on an alliance to operate a regionally focussed Visitor Information Centre from the proposed Highway Service Centre at the Nambucca Heads Interchange.”

 

In response to seeking expressions of interest from Bellingen and Coffs Harbour Councils, the attached response was received from Bellingen Shire Council.  No response was received from Coffs Harbour City Council.

 

The response from Bellingen Shire Council provides support in principle to the opportunity of an alliance to provide a regionally focussed visitor information centre at the proposed highway service centre

 

The position of the Nambucca Valley Tourism Association when it considered the matter at its meeting on 9 September 2014 was that the VIC stay at its present location but as well there should be a stand or office at the new proposed service centre on the highway at the Nambucca Heads interchange.  The President of the Association, Mr Dave Banks said,

 

“I am of the view that we should have a manned site at both the existing location & at the new highway location.  Supply and demand will dictate if one should be closed down after a full year of operation.”

 

The General Manager and Manager Community Development, Ms Coral Hutchinson who has portfolio responsibility for tourism, met with Nambucca Valley Tourism on 7 October 2014 to discuss their position.  The Association was advised that Council would not be able to fund Visitor Information Centres at two locations and it was queried whether the Association would have the volunteers to staff two centres.  The position of the Nambucca Valley Tourism Association is that they want time to assess the impact of the highway by-pass on the traffic flows and patronage of the existing Visitor Information Centre before making a decision as to where the Visitor Information Centre should be located.

 

Unfortunately the nature of any contractual arrangements with the proponents of the Highway Service Centre will be such that Council will not have the opportunity of a short term trial to assess the relative merits of the existing site –v- a presence at the Highway Service Centre.  Subject to negotiation, there would need to be a commitment to a lease of a reasonable term in the Highway Service Centre.

 

Besides the 66 square metres identified on the development application plan, there are other potential options. There is an existing arrangement at the Caboolture BP Travel Centre, where a small area of 10 square metres is leased at a cost of around $7,000 per annum.  The space is staffed by volunteers and they have a system whereby they lock their “centre” but still have the brochures available after hours.

 

Besides varying the size of the space, the other options pertain to the use of the space and a potential alliance with Bellingen Shire Council.

 

The DA plans refer to the potential for some retailing of locally produced products to provide some revenue to offset the rent.  Whilst the DA plans nominate Macnuts and Blueberries, at this stage there have been no negotiations with local producers.  Ideally the locally produced products should be either long lasting or non-perishable and could include foodstuffs, souvenirs, and art.  Negotiations with potential suppliers of local merchandise could occur if there is support for the larger floor space.

 

Whilst the product which has been marketed at the Visitor Information Centre has been tourism related there is no particular reason why, at a Council owned and operated facility, marketing could not be extended to economic development more broadly including for example residential and industrial land which might be available for purchase.

 

Further if there is support for any floor space option in the Service Centre then the opportunity exists for an alliance with Bellingen Shire Council in cost sharing and also sharing the volunteer staffing.

 

Prior to undertaking any negotiation with potential suppliers of product or Bellingen Shire Council it is recommended that Council seek a commitment from the Nambucca Valley Tourism Association as to whether or not it seeks or supports a presence in the highway service centre.  This is based on the premise that local commitment is necessary to underpin any venture and that the outcome of negotiations with the Service Centre proponents and potential partners like Bellingen Shire Council is unknown.

 

It is further recommended that any financial assistance from Council be in the context of the existing tourism and area promotion expenditure which is $153,500 in 2015/16 and otherwise fully committed to operating the existing visitor information centre and undertaking marketing.  Whilst it is within the Council’s authority to increase its financial commitment to tourism this would be at the expense of its core transport responsibilities which will significantly increase with the planned handover of the existing Pacific Highway infrastructure.

 

Assuming Council does not wish to significantly increase its tourism budget nor reduce expenditure on marketing or staff, it may still be possible to lease small premises at the Highway Service Centre within the current budget.  Until Council and the community decide which way forward, only a rudimentary assessment of viability has been undertaken and the conclusion has been based on a number of assumptions, with the following scenario being just one of many possible.  It is loosely based on the Caboolture model mentioned earlier.

 

1.       Council operates 1 Visitor Centre at the BP Travel Centre/Highway Service Centre staffed by volunteers but maintains the 3 community-based information sites and possibly a presence at Nambucca Heads Library, noting that these are in addition to the 6 or 7 “Visitor Point” displays in the Nambucca Shire. 

 

2.       Council could lease the current VIC to provide an income stream with the returns offsetting costs at the Service Centre and/or being allocated to marketing.  Plus there would be savings from electricity, security and cleaning. 

 

3.       As the landlord of the Riverside Drive premises,  Council would need to allocate at least $7,000 per annum plus an amount for rates (Council is awaiting a valuation following the acquisition) for operating costs in future budgets.  In addition, allocations for depreciation (currently $3,600) and maintenance would be required.  

 

4.       The Tourism Co-ordinator could be based at the Council Administration Centre where she can focus on the website, social media and more strategic marketing.  Volunteer management and training (for the BP site) could occur from here.  There would be savings due to the need for less office equipment; and Council support staff could provide administration services eg posting, purchasing office supplies.  No banking services would be required as NVTA assumes total responsibility for Bookeasy with no further Council staff involvement; unless there is retailing from the BP site.  The Corporate Support allocation may increase slightly, however the $5,000 currently allocated to VIC Administration would offset this at least partially. 

 

 

CONSULTATION:

 

There has been consultation with the Manager Community Development and the Manager Business Development.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no issues of significance to the environment.

 

Social

 

The Council’s existing approach to supporting tourism based on “face to face” contact is being challenged on many fronts – by digital information being available on mobile devices and by the imminent relocation of the Pacific Highway.  Whilst personal contact is always likely to have an advantage in marketing, the opportunity to access potential visitors will be diminished with the relocation of the highway.  Traffic modelling prepared by Sinclair Knight Merz (for the Warrell Creek to Urunga highway upgrade) estimates that 11,250 vehicles a day use the Pacific Highway south of Valla Beach Road.  They estimate that the daily traffic will be reduced to 5,500 vehicles following the new highway construction. 

 

Economic

 

The question for Council is the community benefit provided by the expenditure of $153,500 per annum on tourism and whether or not there could be a greater benefit by providing the same level of financial support in different ways.  The relocation of the Pacific Highway is an opportune time for Council to review its existing service delivery.

 

Risk

 

The Council does rely on volunteers to provide the “face to face” marketing which occurs at its visitor information centre.  If this style of tourism promotion was to occur at the new Highway Service Centre it is important that the space and operation of the facility be satisfactory to the people who will be dedicating their time to it.

 

There are potential risks in negotiating the lease of floor space in the new highway service centre.  A tourism “office” at the service centre will be of commercial benefit to BP and the tenancies so a large discount on normal commercial rent should be strongly asserted.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The report proposes there be no increase in Council’s existing expenditure on tourism and marketing the advantages of the area.

 

Source of fund and any variance to working funds

 

As per the budgetary impact, there should be no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Under the existing model for delivery, approximately 45% of the Tourism Co-ordinator’s time is allocated to managing and training volunteers and generally keeping the VIC open, and 30% of her time could classified administration.  Only 25% is spent on marketing and that is using the term very loosely as it includes mostly reordering brochures, restocking the 3 community visitor information stands (Bowra Street Nambucca Heads, Bowraville Post Office and Bridge Café Macksville) and souvenir stock management.

 

As per the budgetary impact, there are no proposed changes to service levels or staffing.  There may however be a change of direction for the Tourism Co-ordinator towards a more strategic approach with a greater focus on marketing. 

 

 

Attachments:

1

6556/2015 - Bellingen Shire Council response

 

2

352/2016 - Plans for Service Centre

 

3

8235/2016 - Statistical Report - Enquiries to Nambucca Valley VIC as at February 2016

 

  


Ordinary Council Meeting - 17 March 2016

Visitor Information Centre

 


Ordinary Council Meeting - 17 March 2016

Visitor Information Centre

 




















Ordinary Council Meeting - 17 March 2016

Visitor Information Centre

 

Monthly Report Nambucca Valley Visitor Information Centre February 2016              Description: NambuccaLogocleansmall

Enquiries to VIC:      February 2016: 1420 February 2015: 1770 Decrease 19.7 %       


Ordinary Council Meeting                                                                                                  17 March 2016

General Manager's Report

ITEM 9.8      SF695              170316         Nambucca River Jockey Club licence D540002 Racecourse Proper

 

AUTHOR/ENQUIRIES:    Wayne Lowe, Manager Business Development         

 

Summary:

 

In 2013 the Nambucca River Jockey club approached the Council’s General Manager to investigate the opportunity to be the Crown Lands trust managers for Lot 75 in DP755549 as part of an effort to secure their future along with the purchase of Council land Lot3 in DP 593774 and Lot4 in DP593774.

 

On the 11/04/2012 a report went to Council under subject: Sale of Council owned land at the Bowraville Racecourse to the Nambucca River Jockey Club

 

It was resolved at the meeting that Council advise the Nambucca River Jockey Club that Council is willing to sell Lots3 and 4 in DP 596774 for $4,000 plus GST subject to:

 

·              the land being reclassified from community to operational land

·           the Jockey Club meet Council’s expenses for the planning fee and all legal costs associated with the sale of the land and any transfer as trust manager for reserve D540002.

 

From the resolutions Council staff reclassified the land with the Jockey Club covering the expenses that were eventually remitted back to the Jockey Club for the funds to be used to landscape the inside of the track as instructed by Council resolution.

 

The General Manager and Manager Business Development then met with the Crown Lands in Grafton 12 months after the land was exchanged into the ownership of the Nambucca River Jockey Club in an attempt to support and represent the Nambucca River Jockey Club for the transfer of the trust management for the Reserve known as D540002 from Council to the Nambucca River Jockey Club.

 

This representation by Council staff failed and Council was instructed by Crown Lands to create a new licence allowing for 10 year licence period that will assist the Nambucca River Jockey Club to access future bank finance if required allowing for a 10 year repayment period on any loan.

 

Council remains the trust managers for the racecourse proper known as D540002.

 

 

 

Recommendation:

 

1        That Council provide written consent from the Council Managed Reserve Trust to approve by Council resolution a 10 year licence agreement with Council as the Trust Managers for lot 75 in DP 755549 known as dedicated reserve D540002.

 

2        That Council approve as the Crown Land Trust Managers the signing of the licence and applying of the common seal by Council staff to the licence agreement.

 

 

 

OPTIONS:

 

·      Council can accept the report and resolve to approve the licence to the Nambucca River Jockey Club for a 10 year period with Council remaining as the Trust Manager

·      Council can resolve to not support the licence or select a shorter period with 10 years being the maximum licence period allowed by Crown Land licencing.

 

 

DISCUSSION:

The Manager Business Development (MBD) held discussions with Department of Primary Industries Crown Lands and is following their advice to submit a new licence agreement between Nambucca Shire Council and the Nambucca River Jockey Club with the start date of the licence dated the 8 September 2013 being the date of the licence expiring on the 8 September 2023.

 

Council’s MBD has developed a licence provided by the NSW Department of Primary Industries, Lands for the new proposed licence for a period of 10 years to the Nambucca River Jockey Club.

 

The Nambucca River Jockey Club has accepted the terms and conditions provided by Council in the new licence.  The Nambucca River Jockey Club will provide Council with a copy of their Public Liability Policy of $20 million noting Council and the Department of Primary Industries, Lands on the policy.

 

 

CONSULTATION:

 

General Manager

Department Primary Industries Lands

Nambucca River Jockey Club

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no environmental implications with the licence.

 

Social

 

The report has no social implications.

 

Economic

 

The development of a long term licence provides financial security for the Nambucca River jockey club in relation to any financial borrowings.

 

Risk

 

There is no risk to council as the licence covers council risk.

 

 

FINANCIAL IMPLICATIONS:

There is no financial implication on council existing or future budgets

 

Direct and indirect impact on current and future budgets

 

This report has a direct impact on current and future budgets

 

Source of fund and any variance to working funds

 

No funds or variances required.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  17 March 2016

General Manager's Report

ITEM 9.9      SF1541            170316         Draft North Coast Regional Growth Plan and Lower Nambucca

 

AUTHOR/ENQUIRIES:    Grant Nelson, Coordinator Strategic Planning & Natural Resources         

 

Summary:

 

The purpose of this report is to advise Council of exhibition of the draft North Coast Regional Plan which is presently on exhibition and the inclusion of additional urban land in lower Nambucca which has been identified as a growth area on the draft plan.

 

 

Recommendation:

 

That Council advise the landholders of Lots 11 and 12 DP 1017408 (Carniato) and Lot 2 DP514920 (Fidirikkos) that their land has been identified as proposed urban growth area in the Draft North Coast Regional Plan and should they wish to pursue the rezoning of the land, they should provide to Council the appropriate up to date documentation and pay the appropriate fees for a planning proposal.

 

 

OPTIONS:

 

Council may resolve to make a submission to the Department of Planning in response to the additional land shown at lower Nambucca

 

 

DISCUSSION:

 

Since the release of the planning white paper a few years ago the Department of Planning and Environment (DOPE) has been progressing with a review of the Mid North Coast Regional Strategy. This review has resulted in the preparation of the Draft North Coast Regional Strategy which is presently on exhibition.

 

Council may wish to review the plan which is available on the DOPE’s Website:

 

http://www.planning.nsw.gov.au/

 

NOTE: This report is identifying to Council a new growth area presented in the plan, a more comprehensive report on the draft North Coast Regional Plan will be presented to Council’s meeting in the following month.

 

During preparation of the draft plan DOPE staff have consulted with Council staff on various aspects of the plan including, demographics, growth areas and regional priority infrastructure provision.

 

To this effect the plan has included the Valla Urban Growth Area as an area for priority infrastructure provision. Notably the Valla Growth Area is the only such area identified from Port Macquarie to Clarence Valley. Further Lots 11 and 12 DP 1017408 and Lot 2 DP514920 Pacific Highway Lower Nambucca have been included in growth area mapping as proposed urban land. See below figure:

 

 

 

 

Council has previously supported an applicant made LEP amendment for this area on two (2) occasions; to the Nambucca LEP 1995 and more recently as an amendment to the Nambucca LEP 2010. The following is an extract from a report to Council dated 3rd November 2011:

 

‘Council will recall that the rezoning of the subject land has been ongoing now for a number of years with the landowners investing considerable funds into the various studies undertaken over this land and towards the rezoning of the Lower Nambucca area. Initially through Nambucca LEP 1995 amendment no. 47, then during the preparation of the Mid North Coast Regional Strategy and under Draft NLEP 2010. 

 

Prior to receiving the S65 certificate to exhibit the Draft LEP 2010, Council had included the subject land as residential land. However, Council received a conditional S65 certificate which required Council to remove the residential zone from the land prior to exhibition. The s65 Certificate stated the following:

 

          This land was required to be excluded from Draft LEP amendment no. 47 of the Nambucca LEP 1995 because the land is isolated from Nambucca Heads and available services. The land has not been identified in the mid north coast regional strategy for urban development and it is therefore inappropriate to zone this land R1.

 

During the exhibition of the Nambucca LEP 2010 Council received a submission from the landholders consultant requesting that the zoning of this land be reconsidered. Following discussions with the DoP&I that pursuing this matter would likely delay the finalisation of the new standard instrument Nambucca LEP, Council resolved:

 

          That Council not change the RU1 Primary Production Zone to R1 General Residential Zone in Draft NLEP 2009 over Lots 11 and 12  DP1017408 & Lot 2 DP514920, and the land owners be advised to pursue the proposal through the Gateway Planning Proposal process providing the justification and compliance with Appendix of the Mid North Coast Regional Strategy.

 

Subsequently the new standard template Nambucca LEP 2010 was made and the landowner pursued a separate rezoning which was submitted to Council by Geoff Smyth Consulting on 17 November 2010. The matter was considered at Council’s 16 December 2010 meeting when it resolved to proceed with the proposal.

 

The Planning Proposal was sent to the DoP&I on 16 July 2011 requesting a Gateway Determination. On 16 August 2011 the DoP&I responded advising that a determination has been made that the proposal should not proceed for the following reasons:

 

1        There is insufficient strategic planning merit to proceed with the proposal at this stage.

 

2        The planning proposal is inconsistent with the following S117 Directions:

 

          a        1.2 Rural Zone

          b        1.4 Oyster Aquaculture

          c        1.5 Rural Lands

          d        3.1 Residential Zones

          e        3.4 Integrating Land Use and Transport

          f         4.3 Flood Prone Land

          g        4.4 Planning for Bushfire Protection

          h        5.1 Implementation of Regional Strategies

 

3        The planning proposal is inconsistent with SEPP (Rural Lands)

 

4        The planning proposal is not supported by an endorsed Council growth management strategy or the Mid North Coast Regional Strategy.

 

5        The planning proposal fails to demonstrate that there is an immediate to mid-term need for residential development in this location.

 

The applicant was advised of the determination and has, on behalf of his clients formally responded suggesting that “the rejection of the planning proposal to rezone the land does not appear to oppose the rezoning of the site itself but rather focuses on inadequacies in the current procedure required by the Council to justify the proposal”.

 

It is noted that Council resolved to prepare a local growth management strategy residential land at this time but this was not included in subsequent budgets and given lack of resources has not been progressed.

 

More recently Council has received funding to support the provision of sewer services to the lower Nambucca area, which will have significant environmental benefits for the area. The servicing will be supported by landholder contributions and the more properties connected to the land the more equitable it the services will be for each landholder.

 

On the basis of Councils previous support for the proposed LEP amendment in this area and the benefits of additional land being available to support the provision of services to the area it was requested the department give consideration to the inclusion of this area as a growth area in the Draft North Coast Regional Plan. 

 

As the area has been identified within the draft regional plan it is more likely to gain the support of the DOPE and the Gateway stage. It is recommended that Council advise the landholders of the draft North Coast Regional Plan and the identification of this area for proposed urban growth, and should the landholders prepare the appropriate documentation and pay the appropriate fees for the lodgement of a planning proposal Council will maintain its previous support for the LEP amendment to zone the land from its present rural zoning to an appropriate residential zone.

 

CONSULTATION:

 

General Manager

Manager of Planning and Environment

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

A sparsely spaced nut tree grove exists on part of the land with the remainder being predominately cleared land. Any future development of the land should give appropriate consideration to stormwater and nutrient detention, setbacks and buffers to sensitive environmental receptors and the Nambucca River, noise and access issues associated with the Pacific Highway.

 

Social

 

The proposal will contribute to the land stock presently available within the shire and provide opportunities for diversified housing type and availability.

 

Economic

 

The proposal will improve affordability of connecting services to the local area which is required to develop the lower Nambucca Business Park, and service the local accommodation facilities.

 

Risk

 

NIL

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil, the applicant would be required to pay fees to support the planning proposal

 

Source of fund and any variance to working funds

 

NIL

 

Service level changes and resourcing/staff implications

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  17 March 2016

General Manager's Report

ITEM 9.10    SF2070            170316         Boating Now - Gordon Park and Review of the Nambucca River Masterplan

 

AUTHOR/ENQUIRIES:    Grant Nelson, Coordinator Strategic Planning & Natural Resources         

 

Summary:

 

The purpose of this report is to provide Council with an update in respect to the planning of proposed works at Gordon Park in relation to the Boating Now program and also gain Councils endorsement to exhibit the draft concept for the area.

 

 

Recommendation:

 

1        Council endorse the proposed location of the new amenities at Gordon Park, to allow the tendering process to commence.

 

2        That Council endorse the draft amendments to the Nambucca River Masterplan prepared for Gordon Park and the amendments be incorporated into the existing Plan of Management for Gordon Park. The variation to the Plan of Management for Gordon Park Recreation area be exhibited in accordance with section 38 of the Local Government Act 1993.

 

3        That Council support a grant application under the Crown Land Reserve Management Fund to allow for implementation parts of the draft plan not incorporated in the Boating Now project budget.

 

 

OPTIONS:

 

Council may choose not to support any of the above recommendations.

 

 

DISCUSSION:

 

Council was successful at receiving funds under the Boating Now Program for a number of projects in the Nambucca LGA. The largest of these projects relates to Gordon Park. Council has previously resolved to match $287,000 of funds offered by Transport NSW towards Gordon Park which included cash and in-kind support. The total cash budget for this project is $487,900.

 

This project will provide the following outcomes:

 

-     Review of Masterplan

-     Boat ramp improvements, landscaping, bank stabilisation

-     New amenities

-     Access amendments (pedestrian and vehicular)

-     Parking changes

-     Mooring deck and ancillary works

-     Picnic facility and open space improvements.

 

Review of the Masterplan

 

Our application was largely based on the Gordon Park section of the Nambucca River Masterplan (identified below) however discussion with the Assistant General Manager Engineering Services and a number of river users groups have identified that the first requirement for this project will be to re-examine the masterplan.  Some key questions for the future of the area include:

 

-   Should the existing waterfront carpark be reclaimed for Open Space and re-constructed towards Wellington Drive as shown in the plan?

-     Should the area provide a space for mixed use development as shown in the plan?

 

 

A stakeholder meeting was held Gordon Park on the 27th January 2016 with the following groups and several staff representatives:

 

-     Gordon Park Tennis Club

-     Gordon Park Rainforest committee

-     Tourist Association

-     Nambucca River Users Group

-     Nambucca and Valla Chamber of Commerce

-     Nambucca Heads Lions Club

-     Offshore Fishing Club.

 

Council engaged the services of a landscape architect to progress the review of the Masterplan, and this consultant was present and assisted during the consultation.  There was general consensus at the meeting that:

 

-     The mixed use area identified in the Masterplan was not appropriate or the best use for the space;

-     The reclaiming of the existing parking area for the open space was not respectful to the existing infrastructure and the new road access to the ramp was not ideal. The preferred arrangement was to maintain the existing parking.

 

Based on the results of the consultation, Councils consultant has prepared a draft plan which is attached for Councils consideration. Some key features of the plan are discussed below.

 

Amenities

 

The design of the amenities will generally reflect the new amenities at Bellwood Park. Designs are being finalised at present.

 

Council staff and our consultant deliberated over the location of the amenities block for some time with two (2) options being considered. The initial placement was adjoining the existing Food and Drink premises and waters edge in the north eastern corner of the site. The second option which is preferred is shown as item 10 on the plan is in the central section of the site adjoining the existing sewer pump station and associated infrastructure. This location was preferred for the following reasons:

 

-    Council typically applies a 0.9 (100 year) allowance for Sea level Rise to planning related matters however for some Council infrastructure may be appropriate to apply a 0.4 allowance (50year). In this case 0.4slr allowance would be acceptable. With this in mind the depth of water at the café location during a 1%AEP event (0.4 SLR) is 1.04 and 0.4 at the pump station location. Allowing 460mm (toilet) and 100mm (slab) we would need 480mm of fill at the Café site to avoid flood water entering sewer network. No fill would be required at the pump station location.

-    At the café location the 7 x 7m amenities and fill/ grade requirements would push the toilet closer to the waters edge, and encroach further into the open space area which would also effect views to the water from the park.

-    grades at the café site may require the use of handrails to achieve disabled access standards this is undesirable and an additional cost to the project;

-    Established attractive shade trees (casuarinas) near the café can be retained;

-    Eliminate any potential conflicts with café;

-    The pump station site is closer to services and hence more cost effective;

-    Given the toilet is an attractive structure with the branding for the ‘Gordon Park’ placed on the structure it will a positive statement at a central location within the park;

-    The toilet would be closer to the future playground, reducing the frequency of children crossing the carpark area.

 

Parking

 

The Nambucca River Masterplan identifies Gordon Park and Stuart Island being maintained as the two (2) main boat access points in the lower estuary. The Masterplan plan was used as the key supporting document to target the Boating Now Funds at this location.

 

At present the area around the boatramp is displaying some minor shoaling but historic information indicates this is likely part of the natural process and the shoaling is considered temporal in nature. Despite the shoaling the ramp is still used frequently by boaters. Council is presently investigating shoaling in the lower estuary, which may provide more information in this regard.

 

The boating representatives at the stakeholder meeting identified that there is need for formalised parking on the site which is currently absent. However, representatives from other groups suggested this should be in balance with the other uses that occur in the area.

 

Taking this into account the review of the plan shows approximately ten (10) spaces subject to detail design. This new plan has been prepared in accordance with the RMS boating Facility Guidelines. The RMS has reviewed the design and accepts that although less ideal, the 90 degree parking shown in the plan will maximise the number of spaces in a confined area, they recommend the design detail ensure vehicle manoeuvring is acceptable. The RMS has also indicated the number of spaces is acceptable given the mixed use of the site, the design guidelines would ideally have more trailer spaces.

 

It is anticipated that Council will receive multiple views from the boating fraternity in regards to the parking and manoeuvring layout. Design refinement may be required after this consultation occurs. Any refinements could be undertaken within same area at the western end of the site.

 

It should be noted that although identified as boat trailer parking, passive craft are popular choice for fishing and recreation in the Nambucca River and it is anticipated that the spaces provided in the draft plan may also gain considerable use from box trailers or similar vehicles transporting kayaks etc. To this effect an area near the boat ramp has been identified as a passive launching area and the timber jetty will provide stepped tidal access.

 

The existing general parking only has spaces on the water side of the access road. The draft plan incorporates parking on both sides of this access which councils Manager Engineering Services has indicated could be achieved. It is anticipated that this will provide additional parking spaces even with landscaping and access crossings incorporated into the design and provides. There is also scope for additional parking north of the parking adjacent to the tennis courts.

 

Other Aspects of the Plan

 

Jetty - The plan reflects the mooring facility provided in the Nambucca River Masterplan. It has been modified slightly to incorporate enviro-decking which will allow natural light to penetrate to the water below. It also provides stepped tidal access. It is noted that the existing deck and revetment is made of treated pine and has limited longevity. This would be replaced as part of the Jetty Design.

 

Playground - The plan provides a more substantial park than that shown in the original plan, however this would be funding dependant and would also incorporate, natural features such as landscape rocks, trees and like materials.

 

Pedestrian Links and Open Space - The plan provides a significant path access linking the Jetty to Wellington Drive and the other pedestrian links. The path surrounds two (2) large open space area used for events, such as markets and general recreational use. The path will be designed to allow vehicle access to the pump station for maintenance and during events such as markets vehicles would be able to easily unload equipment. Removable bollards will eliminate access at other times. The path has the potential to incorporate design elements and is an ellipse shape to reflect a boat and a sculptural entrance element representing the bow.

 

Tennis Club – The tennis club has be moved to the location recently endorsed by Council as an amendment to the original Masterplan.

 

Other elements of the plan are generally reflective of the original Masterplan.

 

Plan of Management

 

There is presently two (2) plans of Management which relate to the Gordon Park (the rainforest section and the recreational section), it is recommended that the review of the Nambucca River Masterplan be exhibited as an amendment to the management plan for the recreational area. These plans be exhibited in accordance with the requirements of the Local Government Act 1993.

 

Scope of this funding and additional sources of funding

 

The Boating Now Funds will contribute to the amenities; the mooring facility/ Jetty; improvements to the boat ramp and provision of new trailer parking as priorities and landscaping, pedestrian paths, lighting and ancillary facilities as the budget allows.

 

As identified in the new Masterplan the area has significant potential for not only river users, but the broader community and tourism.  With careful planning this project provides an opportunity to revitalise the water front area.

 

Using the existing funding under this program as leverage it is recommended Council resolve to support a grant application this month under the Crown Land Management Fund to complete other detail of the Gordon Park improvements. This application will seek an estimated, $500,000 to provide a more complete outcome to the improvements.

 

 

CONSULTATION:

 

RMS

Landscape Architect

AGMES

Gordon Park Rainforest Committee

Gordon Park Tennis Club

Nambucca Heads and Valla Chamber of Commerce

Nambucca Tourism Association

Nambucca Heads Offshore Fishing Club

Nambucca River Users Group

Manager Community Services

Manager Assets

Engineering Designer

Manager Infrastructure Services

Technical Officer Assets

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Staff will be required to undertake appropriate environmental assessment for the proposed improvements and environmental approvals from relevant agencies will be required for all works.

 

Social

 

The project has potential to significant improve the Gordon Park open space.

 

Economic

 

The quality of Council’s infrastructure on its estuary will affect tourism. Council has endorsed a funding strategy to support the project and has contractual agreement with the RMS to implement the works.

 

Risk

 

Nil.  The project provides positive improvements to Councils aging infrastructure and open space.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council has committed a budget to the project, which is being jointly funded by the RMS

 

Source of fund and any variance to working funds

 

Council will seek additional funds through the Crown Land Management Fund to support a more complete project for the area.

 

Service level changes and resourcing/staff implications

 

Nil. Staff will consider an allowance for a project manager within the budget for any new grant application made in respect to the implementation of the plan.

 

Attachments:

1

8196/2016 - Gordon Pk Revised Masterplan 7.3.16

 

  


Ordinary Council Meeting - 17 March 2016

Boating Now - Gordon Park and Review of the Nambucca River Masterplan

 











Ordinary Council Meeting                                                                                                  17 March 2016

General Manager's Report

ITEM 9.11    SF2173            170316         Outstanding DAs greater than 12 months OR where submissions received - 18 February - 8 March 2016

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer - Development and Environment         

 

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 shows 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:

Council to consider land owner’s consent for APZ on 31 March 2016.

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/195

26/11/2015

NBN Fixed Wireless Telecommunications Facility

Lot 2 DP 1039123, 401 Gumma Road, Gumma

One submission from eight property owners and seven other submissions have been received by Council – they oppose the proposal

·             Reduce property values

·             Environmental impacts

·             Exact site unclear

·             Additional infrastructure will be required

·             EIS inadequate

·             Cultural assessment inadequate

·             Developments in the area should be low density

·             May lead to further similar developments

·             Destroys visual amenity

STATUS:  Called in by Council – report to go to meeting on 31 March 2016

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/197

26/11/2015

Piggery

Lot 22 DP 828660, 652 Boat Harbour Road, Yarranbella

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

·             Not enough information in application

·             Concerned about run-off, odours, contamination, fencing and noise from the development

·             Untidy huts and pigs are already located on the property

STATUS:  Response from DPI due mid March

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2014/198/01

04/12/2015

26 Lot Subdivision

Lot 42 DP 711098, Old Coast Road, North Macksville

Thirty-two submissions have been received by Council – they oppose the modification

·          Connecting Florence Wilmont Drive and Old Coast Road will bring too much traffic and noise into the community.

·           Lumsdens Lane should be used instead

·           Florence Wilmont Drive is already in poor condition in some spots – this would make it worse

·          All residents of Kingsworth Estate should have been notified, not just properties fronting Florence Wilmont Drive

·           Linking Florence Wilmont Drive to Old Coast Road will provide many short-cut opportunities

·           Detrimental to koala habitat and to other native fauna

·           Benefits new developer at expense of current residents of Kingsworth Estate

·           Old Coast Road still won’t be fully sealed

STATUS:  Report to Council 17 March 2016

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/214

14/12/2015

Demolish existing dual occupancy and erect new dual occupancy

Lot 11 Section D DP 17707, 22 Waratah Street, Scotts Head

Four submissions have been received by Council – they oppose the proposal

·           Excessive site coverage could lead to runoff problems for properties below the development

·           8.5m height limit is exceeded – overshadowing impacts. Ground level has been artificially raised

·           Notification period should be extended – difficult to obtain professional advice about the proposal over the Christmas/New Year period

·           Not enough information on Council’s website

·           Floor area calculations include external open areas which would be easy to enclose at a later date

·           View loss for adjoining property

·           Unclear as to whether deep soil zone, setback and excavation requirements in DCP will be complied with

·           Current building contains asbestos – removal needs to be done according to requirements

·           Safety concerns with access to the site

·           Proposed design out of character with Scotts Head village

·           Too many variations to Council’s DCP

·           Three storey, not two storey dwelling

·           Setback inadequate

·           Southern setback deficient

·           Deep soil zone deficient

·           Total footprint is misleading

·           Proposed excavations too great

STATUS:  Awaiting revised plans – 7 day letter sent

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/215

15/12/2015

Dwelling-House

Lot 342 DP 1186161, 19a Bent Street, Nambucca Heads

One submission has been received – it opposes the proposal

·             View loss

·             Privacy/overshadowing

·             Stormwater runoff

STATUS:  Additional information provided – being assessed

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2016/010

27/01/2016

45 Lot Residential Subdivision

Lot 2 DP 1076480 & Lot 21 DP 1084161, Upper Warrell Creek Road, Macksville

Six submissions have been received

 

·           One submission raises site-specific concerns about an on-site sewage management system

·           Additional properties could increase stormwater and flooding issues at Kings Point.

·           Four submissions request the erection of a colourbond fence at the applicant’s cost prior to earthworks commencing due to dust and noise concerns

·           No objection to the DA, however town water and sewer should be connected to his property by the applicant prior to subdivision being released.

STATUS: Additional information  due 25 March 2016

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2009/045

15/01/2016

Consolidation of Multiple Lots into Three Rural Lots

Lot  5, 7 & 9 DP 729466, Lot 1 DP 18490, Lot 198 DP 755564, Lots 1 & 2 DP 114790 Whip Mountain Road Yarranbella

One submission has been received.

·           The adjoining owners want a road which accesses their property to remain open.

STATUS: Additional information due 30 March 2016

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2016/008

20/01/2016

Two Lot Boundary Adjustment

Lot 11 DP 1170356 & Lot 13 DP 1172999, 7115 Pacific Highway, Valla

One submission has been received

·           The objector has issues with a right of carriageway which benefits his property.

STATUS: Awaiting RFS response – due mid March

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2016/014

02/02/2016

Alterations and Additions to Existing Aged Care Facility

Lot 1 DP 1108420, 17-23 Piggott Street, Nambucca Heads

One submission has been received

·        No real objection – just want to ensure that stormwater and drainage are well-built and maintained.

STATUS: Being assessed

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2016/004

15/01/2016

Dwelling Additions

Lot 14 Section B DP 5358, 2 East Street, Macksville

One submission has been received – it opposes the development

·           View loss, thought part of this property used to be public space, setback, overdevelopment, floor space ratio, cost of development undervalued, flooding, privacy, noise, traffic, loss of amenity

STATUS: Being assessed.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  17 March 2016

General Manager

ITEM 9.12    DA2014/198      170316         Modification to Development Consent DA2014/198

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

Development consent was granted for a 26 lot subdivision of Lot 42 DP 711098 - Old Coast Road, North Macksville on 27 February 2015 as part of development application DA2014/198 and was modified by Council on 24 September 2015 by amending conditions relating to the timing and scale of works. A copy of the approved plan has been included within attachment 2 and the existing development consent within attachment 3.

 

The subject modification application seeks to amend condition 2 of the consent by permitting the construction and sealing of Old Coast Road (OCR) from the development through to Florence Wilmont Drive (FWD) to satisfy Councils access requirements. To do this it is proposed to utilise an existing 20m wide right of carriage way which connects OCR and FWD. Under the Conveyancing Act 1919, Council has the authority to authorise any persons to use the right of carriageway.

 

A copy of the applicants request to modify the development consent has been included within attachment 4 and the proposed concept plan of the road extension has been included within attachment 5.

 

The application was notified to surrounding residents in accordance with Part A of the Nambucca Development Control Plan 2010 with 33 submissions received.

 

The application has been assessed in accordance with the Environmental Planning and Assessment Act 1979 and subject to the recommended conditions of consent, is considered to be consistent with all of the relevant matters for consideration subject to the recommended conditions of consent contained within attachment 10.

 

The modification application is being referred to Council for determination because approval of the application will require Councils authorisation for the public to use the 20m wide right of carriageway.

 

NOTE:  This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the Council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan.  Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2014/198 for a 26 lot subdivision at Lot 42 DP 711098 - Old Coast Road, North Macksville by amending conditions 2 & 21 of the development consent to permit the construction of an access road connecting Old Coast Road and Florence Wilmont Drive as outlined within attachment 10 of this report.

 

 

OPTIONS:

 

a)       Approve the application to modify the development consent in accordance with the recommendation.

 

b)       Approve the modification application subject to amendments to the recommendation. Please note that only conditions subject to the modification application can be modified.

 

c)       Refuse the modification application.

 

 

DISCUSSION:

 

 

At Council’s meeting on 25 February 2016 it was resolved:

 

“1.      That this item be deferred to a meeting in March to enable an onsite inspection of the site and consideration of concerns raised in the submissions received.

 

2.       That prior to determining this matter Council receive a report on the bushfire implications for both Kingsworth Estate and Old Coast Road residents pending the closure of the Old Coast Road as a through road.  Further, that Mr Chris Clark from the RMS be invited to attend this meeting.

 

A plan showing the new access arrangements along Old Coast Road (OCR) as a consequence of the highway upgrade is shown on attachment 1.  In summary the existing Old Coast Road will end in a cul-de-sac to the north of Florence Wilmont Drive (FWD) and the through route connection between Wirrimbi Road and the existing Pacific Highway will instead be provided by a new service road located to the west of the new highway alignment.  Without any changes to the existing arrangements, the existing Old Coast Road on the eastern side of the highway alignment will become a 2.8km long cul-de-sac north of Mattick Road, whilst Florence Wilmont Drive will remain a 2.1km long cul-de-sac.

 

Providing the connection between FWD and OCR will provide improved egress from the area in the event of a flood or a bushfire. As can be seen in the flood map included within attachment 9, the proposed connection is the only flood free egress from the Pelican Caravan Park, The Nambucca Motel, Kingsworth Estate, a church, and future development within the 12ha of business park zoned land which includes the former Kennwal Ford dealership.

 

The proposed connection will also provide an alternate egress from Kingsworth Estate in the event its eastern entrance was cut as a result of a bushfire originating in the State forest to the north and from the development site if a bushfire were to be approaching from the south.  There are also about 5 houses along Old Coast Road north of Mattick Road which would similarly benefit.

 

The NSW Rural Fire Service publication, Planning for Bush Fire Protection contains a performance criteria that public road widths and design allow safe access for firefighters while residents are evacuating an area.  A section on acceptable solutions provides, “all roads are through roads.  Dead end roads are not recommended, but if unavoidable, dead ends are not more than 200 metres in length, incorporate a minimum 12 metres outer radius turning circle, and are clearly signposted as a dead end and direct traffic away from the hazard”.  The proposed connection will result in Kingsworth Estate becoming compliant with the access provisions within Planning for Bushfire Protection 2006.

 

Besides the advantages for emergency access in times of fire and flood, the proposed connection would potentially improve emergency response times (fire, police, ambulance) by allowing emergency vehicles access via either Old Coast Road or Florence Wilmont Drive.  The proposed connection would also provide time and cost benefits for public utilities and publicly funded services such as school busing, Australia Post, Essential Energy, as accessing properties along a “through” route will be more efficient that two x 2km plus cul-de-sacs.

 

Background of Proposal and Description of Modification Sought

Development consent was granted for a 26 lot subdivision of Lot 42 DP 711098 - Old Coast Road, North Macksville on 27 February 2015.

 

On 24 September 2015, Council modified the development consent by permitting the release of one lot with limited road construction works subject to the payment of a bond, the required footpath to be a widened shoulder of the upgraded Old Coast Road (OCR) pavement instead of a concrete path, required the footpath to be constructed as part of the roadwork, clarified the requirements for the provision of services, modified the allotment configuration, and altered the location of the right of carriageway which connects the development to the adjoining public reserve.

 

A copy of the approved plan has been included within attachment 2 and the existing development consent within attachment 3.

 

A copy of the applicants’ current request to vary the development consent has been included within attachment 4. In summary, Condition 2 of the development consent requires sealed access to be provided across each lots frontage to a public road and a continuous bitumen seal from each lot to an urban area. It requires OCR to be upgraded to provide the continuous seal to the urban area (Macksville).

 

The proposed modification seeks to amend condition 2 by permitting the extension of the bitumen sealed road from the development through to Florence Wilmont Drive (FWD). A copy of the proposed concept plan has been included within attachment 5.

 

Planners Comment

The requirement for the applicant to provide a continuous bitumen seal to an urban area and seal all frontages to proposed lots is contained within clause B3.4.5 of the Nambucca Development Control Plan 2010 (DCP). The applicants suggested condition and concept plan does not include the sealing of the sites frontage to OCR. However, subject to the maintenance of the existing provisions to seal the development sites frontage to OCR; the proposed connection of OCR to FWD will be consistent with clause B3.4.5 of the DCP.

 

Having regard to the issues relating to the proposed connection of OCR and FWD, the following comments are made:

 

·      The existing road reserves of OCR and FWD are linked by a 20m wide right of carriageway (ROC) illustrated as ‘C’ on deposited plan (DP) 1049360 contained within attachment 6. The ROC was created under the Conveyancing Act 1919, with Nambucca Shire Council being the authority benefited by the ROC.

 

The instrument created under section 88B of the Conveyancing Act 1919 which accompanied the registration of DP 1049360 did not contain any specific terms. Therefore, the terms for a ROC contained within Part 1 of Schedule 4A of the Conveyancing Act 1919 apply. These are:

 

Part 1 Right of carriage way

Full and free right for the body in whose favour this easement is created, and every person authorised by it, to go, pass and repass at all times and for all purposes with or without animals or vehicles or both over the land indicated herein as the servient tenement.

      

In the subject case, Nambucca Shire Council is in favour of the easement. As such, Council has the ability to permit the construction of a vehicular access road over the easement and authorise members of the public to use the access.

 

It is noted that the description of the easement identified as ‘C’ as referred to above is titled ‘Right of Carriageway and Easement for Services’. This enables Council to authorise people to use the easement for access as referred to above, and to undertake the following in accordance with Part 9 of Schedule 4A of the Conveyancing Act 1919:

 

Part 9 Easement for services

1   The body having the benefit of this easement may:

(a)  provide domestic services supplied by that body through each lot burdened, but only within the site of this easement, and

(b)  do anything reasonably necessary for that purpose, including:

•  entering the lot burdened, and

•  taking anything on to the lot burdened, and

•  carrying out work, such as constructing, placing, repairing or maintaining pipes, poles, wires, cables, conduits, structures and equipment.

2   In exercising those powers, the body having the benefit of this easement must:

(a)  ensure all work is done properly, and

(b)  cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and

(c)  cause as little damage as is practicable to the lot burdened and any improvement on it, and

(d)  restore the lot burdened as nearly as is practicable to its former condition, and

(e)  make good any collateral damage.

3   For the purposes of this easement, domestic services includes supply of water, gas, electricity, telephone and television and discharge of sewage, sullage and other fluid wastes.

 

·      Part B2.1 of the DCP contains general design principles which require subdivisions to provide inter-connected roads rather than a network of cul-de-sacs and no through roads to promote pedestrian access, bicycle use, public transport and to reduce the energy required for transportation purposes. The proposed connection of OCR and FWD will ensure this common planning principle is adopted to the existing Kingsworth Estate development and will improve the proposed developments connectivity and consistency with this clause by not increasing the amount of no through roads within the locality.

 

Please note that due to the steep topography of the land, flooding/flora and fauna constraints, construction costs, and additional road maintenance costs for Council; it is not considered appropriate or reasonable to require the applicant to connect the proposed internal subdivision road to Lumsden Lane instead of the proposed connection of OCR and FWD.

 

·      Council’s intention for FWD to be connected to OCR is best illustrated on the former deposited plans which created Kingsworth Estate. These are included within attachment 6. The existing residential allotments within Kingsworth Estate were created in three stages. The first stage is illustrated within DP 711098. The second stage is illustrated in DP 816018 and included an extension of FWD and the creation of a ROC to connect the end of FWD with OCR through the residual allotment. The third stage is illustrated within DP 1049360 and included the extension of FWD (20m wide) along the ROC (20m wide) to service the development and the retention of the remainder of the ROC within the residual lot 3. Please note lot 3 is now known as Lot 64 DP 1167978 due to the creation of a lot to accommodate Councils water reservoir.

 

The intent was that the developer would make the connection between FWD and OCR as part of the development of lot 3 (Lot 64 DP 1167978). However, the developer has since sold the land and the development of Lot 64 DP 1167978 has not yet eventuated to its full potential. Please note that on 2 February 2015 Council approved development application DA2014/205 for a two lot subdivision of Lot 64 DP 1167978. The approved plan has been included within attachment 7. A condition was included within the development consent for DA2014/205 that the ROC be dedicated to Council as a public road. It is considered that this should have been done as part of the previous stages of the Kingsworth Estate development instead of the ROC approach as this would have avoided the misunderstanding which has eventuated within the community regarding the status of the connection. Construction of a sealed connection between FWD and OCR was not considered reasonable due to the scale of the development, construction costs, and the development potential of the residue lot 1.

 

More recently, Councils intention to connect FWD and OCR is evident in its requests to the NSW Roads and Maritime Service to construct the road as part of the Pacific Highway upgrade.

 

·      The new Pacific Highway bypass will result in OCR becoming a dead end road 700m north of the proposed connection to FWD. Plans of the bypass currently under construction have been included within attachment 8. In order to travel north along OCR from the proposed connection with FWD post highway construction you will need to travel 1.8km south, cross the highway overpass at Mattick Road, then travel north along Old Coast Road towards Nambucca Heads. This will result in the travel times for residents in surrounding areas to the west of Old Coast Road (Wirrimbi) being shorter if they were to travel north to the Nambucca Heads town centre/Plaza then it would be to travel to those areas via FWD.

 

The same applies for residents living south of Mattick Road, as it will be shorter/faster for them to travel via the existing highway to Nambucca Heads then it would be via FWD. As such, it is considered that travel times to and from the commercial areas within Nambucca Heads will only be shorter/faster for the residents in Mattick Road (9), residents of the subject development (26), and residences in between (3). It should also be noted that it will be shorter for all of those residences to travel to the Macksville town centre than it would be to travel to the Nambucca commercial areas. In addition to this, it will not only be shorter/faster for these residents to access the new highway via the Mattick Road on ramp (no need to use FWD) but will improve accessibility for many residents within the western section of Kingsworth Estate to access the new highway.

 

It is to be noted that the new highway will have an interchange to access Nambucca Heads adjacent to the Valla urban release area. Given that it will be considerably shorter for motorists to exit at this interchange to access Nambucca Heads than it would be to exit at the off ramp to OCR (south bound only), it is not considered that additional traffic from the new highway would be directed through the proposed connection.

 

Furthermore, given that it is shorter and faster to travel from the entrance to FWD along the existing highway to Macksville and the on ramp to the Pacific Highway bypass; it is not considered that the proposed connection will generate additional west bound traffic along FWD.

 

It should be noted that an unsealed track has provided access from FWD to OCR for many years. In this regard, traffic generation will not be significantly increased as any west bound traffic using the connection to OCR will most probably be already using it.

 

Having regard to the above, it is considered that the proposed connection will primarily benefit the residents of Kingsworth Estate and surrounding 38 residents (including the proposed development) in providing increased connectivity and shorter travel distances/times.

 

·      FWD has a carriageway width of 7m, verges in excess of 4m, will serve less than 170 lots if the proposed connection is approved (144), and has a speed limit of 50km/h. In this regard, the design of FWD is in accordance with the local road provisions of Councils design standards outlined in clause B2.3.3 of the DCP. Furthermore, given that the proposed connection will result in additional traffic generated by 38 residential lots and that it was designed to accommodate through road traffic, it is not considered that the life of the pavement of FWD will deteriorate significantly faster as a result of the expected traffic increase than what would already occur.

 

 

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 ASSESSMENT

 

The proposed modification application is assessed against the relevant subsections of section 96 of the Environmental Planning and Assessment Act 1979 as follows:

 

SECTION 96(1A)

Council may on application being made by the applicant or any other person entitled to act on a consent granted by Council, modify the development if:

 

Complies

Comments

(a) It is satisfied that the proposed modification is of minimal environmental impact,

Yes

The proposal will require the upgrade of an existing unsealed track which will include minor tree removal and excavation works. Given the existing disturbance of the site and use; it is not considered that the formalisation of the connection will result in any significant environmental impacts.

(b) It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all),

Yes

It is considered that the development will remain substantially the same development for which consent was originally granted as the proposed modifications will result in only minor changes to conditions relating to access to the development.

(c) It has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent,

Yes

The application was notified in accordance with Part A of the Nambucca Development Control Plan 2010.

(d)It has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Yes

33 submissions were received with the following reasons for objection raised:

·      The increase of traffic flow will not benefit the already compromised conditions of FWD bringing increased noise and hazardous safety issues for road users due to there being no footpath.

Planners comment: As outlined earlier, additional traffic generation along FWD as a result of the development will be 38 residential lots (existing and proposed). With Macksville being closer than Nambucca Heads to all of those 38 lots as well as Pacific Highway access being obtained via OCR, the use of FWD by residents of those lots for all vehicular trips is highly unlikely.

Given the existing use of FWD, extent of the traffic generated by the proposal, and the proximity of the existing and future Pacific Highway to Kingsworth Estate; it is not considered that the proposal will adversely increase noise pollution within the locality.

Although there are no constructed footpaths, FWD currently has sufficient width of road pavement and substantial verges for pedestrian movement which are compliant with the design standards of Councils DCP.

 

·      Kingsworth Estate was sold as a land locked estate with the right of carriageway over private property at the end of FWD for emergencies. The right of residents to a quiet enjoyment of this estate would be totally changed and property prices will drop.

 

Planners comment: The ROC was not created for emergency use only and having regard to the above, it is not considered that the traffic flows on FWD would be substantially altered. As such, it is considered unlikely that the proposal would significantly impact property prices within the area.

 

·     The track to Old Coast Road and cycle ways off Jacks Ridge Road are more than adequate for pedestrians and cyclists.

 

Planners comment: The current access track was relocated from a position outside the ROC by the owners of Lot 64 DP 1167978 during works associated with the erection of the newly constructed house on that lot. Council staff have been informed that this was due to the continued desire for people to drive through to and from OCR.

 

The use of this track by both vehicles and pedestrians is considered to be unsafe in its existing condition due to its narrow width, no shoulders and blind corners. Given that previous attempts to block the track to vehicles in the past have failed due to people removing obstructions and trespassing outside the ROC; it is considered unlikely that Council or the landowner could effectively close off potential vehicular access without undertaking substantial works which would eliminate it as an emergency egress route.

 

As such, construction of a formalised connection with designated footpath/cycleway as per the recommended conditions of consent will ensure the safety of the ROC is improved and liability minimised.

 

·    An alternate route via Lumsden Lane to the Pacific Highway would cause less impact to the residents of the Kingsworth Estate.

 

Planners comment: Connection of the development site to Lumsden Lane would result in substantial environmental disturbance and construction cost to the applicant, as well as increased road maintenance costs to Council due to the additional road length dedicated to Council control. Having regard to this and that Lumsden Lane is flood prone, it is considered that the upgrade and use of existing roads in the control of Council is the most appropriate option.

 

·      The removal of trees will increase noise from the new highway on Kingsworth Estate.

 

Planners comment: Approximately 30 regrowth trees (<200mm diameter) and 4 mature trees will be required to be removed to upgrade the existing track. However, the existing vegetation between Kingsworth estate and the new highway cannot be relied on as a road noise buffer as vegetation does not provide a continuous barrier to reduce noise levels. 

 

·     There is an unknown about the future development which will occur on Lot 64 DP 1167978 (lot with connector road proposed) and the adjoining lot to the north of that (Lot 187 DP755550). The future subdivisions on these lots will only increase traffic further.

 

Planners comment: Lot 64 DP 1167978 is the 20ha residue lot to the Kingsworth Estate development and is the only other lot which can be subdivided which would utilise FWD as its access. Given the constraints of the lot, achieving 20 x 1ha allotments is considered to be unachievable. With this in mind and the design standards contained within the DCP, it is considered that FWD is capable of accommodating future traffic generation.

 

·      The road verge along OCR is a wildlife corridor and contains Koala feeding trees.

 

Planners comment: Previous environmental studies have identified that the area contains Koala feeding trees, however is not core koala habitat.

 

·      FWD does not comply with DCP design standards and will deteriorate faster as a result of increased traffic.

 

Planners comment: As outlined earlier, FWD is a local road which is consistent with design standards within clause B2.3.3 of the DCP. Given the low expected increased traffic and the intended carrying capacity of FWD, it is not considered that the life expectancy of the road pavement will be significantly shorter than what is currently expected.

 

·      The ROC is in private property and Council can only authorise employees and contractors to use it, not a third party.

 

Planners comment: As outlined earlier, Council is benefited by a ROC and can authorise it to be used by any persons.

 

·      The connection of FWD to OCR will only encourage people leaving the new highway at OCR to take the “back way”.

 

Planners comment: As outlined earlier, it will be faster and a shorter distance for motorists to travel via the existing highway form the new Pacific Highway off ramp compared to using OCR/FWD.

 

·      OCR will remain unsealed which will add maintenance/upgrade costs to Council.

 

Planners comment: It is recommended that condition 2 of the development consent be maintained so that the frontage of the development site to OCR is sealed. The upgrading works as part of the Pacific Highway construction will result in OCR being sealed from its intersection with the existing highway at Macksville through to approximately 60m of the development sites frontage. As such, the development consent will result in sealed access towards Nambucca and Macksville.

 

·      Council staff have previously advised that FWD would not be required to be connected to OCD as a result of development on Lot 64 DP 1167978.

 

Planners Comment: Council staff have advised that a proposal for a single dwelling or two lot subdivision of Lot 64 DP 1167978 would not be required to make the connection. This is seen in the determination of DA2014/205 as referred to above. This did not relate to the proposed subdivision or further subdivision of Lot 64 DP 1167978.

 

·      The owners of Lot 64 DP 1167978 have invested money in constructing their new home adjacent to the ROC. Council has not considered the effects on them having regard to liability and costs associated with driveway, fencing and losing frontage to the cul-de-sac.

 

Planners Comment: Prior to commencing construction of the dwelling on Lot 64 DP 1167978, Council staff discussed Councils intention to seek the RMS to make the connection of OCR and FWD. Acknowledging this, the owners amended the dwelling design so that it fronted the ROC instead of the cul-de-sac.

It is also recommended to be included as a condition of consent that the applicant be responsible for all costs associated with the proposed connection. This is to include fencing and driveway relocations.

 

The owners of Lot 64 DP 1167978 have given their permission for the ROC to be dedicated to Council as a public road should the application be approved in order to remove themselves from any potential liability. The costs associated with this will be transferred to the applicant and has been incorporated into the recommended conditions of consent.

 

·      The connection should be made using asphalt and kerb/gutter to match the existing FWD and not spray seal and gravel shoulders.

 

Planners Comment: The use of asphalt and installation of kerb/guttering within FWD has been included within the recommended conditions of consent to promote consistency with the existing streetscape.

 

·      The bicycle/pedestrian path should be located on the northern side of the ROC instead of the southern side.

 

Planners Comment: It is considered that the most practical side of the road for the path is on the southern side of FWD as requiring a crossing on OCR increases safety hazards.

 

 

SECTION 96 (3) & (5)

(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application. The matters referred to in section 79C (1) are as follows:

 

Complies

Comments

a  the provisions of:

 

 

(i)  any environmental planning instrument, and

Yes

The proposed modification will not be contrary to any provision of an EPI which applies to the land.

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

Yes

There are no draft instruments that have been placed on exhibition that are relevant to the land.

 

(iii) any development control plan, and

Yes

Subject to maintaining the condition requiring the sealing of the development sites frontage to Old Coast Road, it is not considered that the proposed modification is contrary to any provision of the Nambucca Development Control Plan 2010.

(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, and

Yes

No planning agreement or any draft planning agreement has been entered into under section 93F.

 

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

Yes

There are no relevant matters prescribed by the regulations.

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

Yes

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,

Yes

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 adverse social or economic impacts on the locality due to its location within a predominantly disturbed location, the small extent of potential traffic generation and ability for the road network to accommodate such an increase.

c   the suitability of the site for the development,

Yes

The modification will not impact on the suitability of the site for the proposal.

d   any submissions made in accordance with this Act or the regulations,

Yes

Submissions received have been considered earlier in this report.

e   the public interest.

Yes

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

(5)Development consent of the kind referred to in Section 79B(3) is not to be modified unless the requirements of Section 79B(3)-(7) have been complied with in relation to the proposed modification as if the proposed modification were an application for development consent.

Yes

The subject site does not contain any critical habitat and it is not considered that the proposed modifications will result in the development having any significant impacts on threatened species, populations, communities or their habitats.

 

CONSULTATION:

 

·      The application was notified in accordance with Part A of the DCP.

·      Manager of Technical Services

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Having regard to the extent of works associated with the proposed modification and location within a predominantly modified area; it is not considered that the proposal will result in any adverse environmental impacts.

 

Social

Given the expected traffic generation as a result of the proposal and the ability for FWD to accommodate the additional loading, it is not considered that the proposal will have any adverse social impacts.

 

Economic

While there will be an increase in traffic on FWD, it is not considered that it will be at a level that will adversely affect the amenity of residents. Having regard to this and the additional connectivity the link will provide residents of Kingsworth Estate, it is not considered that the proposal will have any adverse economic impacts on the locality.

 

Risk

Nil.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Source of fund and any variance to working funds

N/A

 

Service level changes and resourcing/staff implications

N/A

 

Attachments:

1

8193/2016 - Plan of new services road

 

2

5405/2016 - Approved Plan

 

3

5404/2016 - Existing Consent

 

4

5403/2016 - Applicants Modification Request

 

5

5402/2016 - Concept Road Design

 

6

5401/2016 - Former Deposited Plans

 

7

5400/2016 - DA2014.205 Approved Plan

 

8

5399/2016 - Highway Upgrade Plans

 

9

5398/2016 - Flood Map

 

10

5397/2016 - Schedule of Conditions

 

11

5396/2016 - Public Submissions

 

  


Ordinary Council Meeting - 17 March 2016

Modification to Development Consent DA2014/198

 


Ordinary Council Meeting - 17 March 2016

Modification to Development Consent DA2014/198

 



Ordinary Council Meeting - 17 March 2016

Modification to Development Consent DA2014/198

 













Ordinary Council Meeting - 17 March 2016

Modification to Development Consent DA2014/198

 



Ordinary Council Meeting - 17 March 2016

Modification to Development Consent DA2014/198

 


Ordinary Council Meeting - 17 March 2016

Modification to Development Consent DA2014/198

 





Ordinary Council Meeting - 17 March 2016

Modification to Development Consent DA2014/198

 


Ordinary Council Meeting - 17 March 2016

Modification to Development Consent DA2014/198

 





Ordinary Council Meeting - 17 March 2016

Modification to Development Consent DA2014/198

 


Ordinary Council Meeting - 17 March 2016

Modification to Development Consent DA2014/198

 

ATTACHMENT 9 – SCHEDULE OF CONDITIONS

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1.       The development is to be implemented in accordance with the plans endorsed with the Council stamp, dated 28/9/15, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title

Dwg No

Prepared by

Dated

Site Plan

DA01

De Groot & Benson

August 2015

Cul De Sac Plan

DA02

De Groot & Benson

August 2015

 

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

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

 

Engineering Construction Plans

 

2.       Three (3) copies of engineering construction plans and specifications must accompany the Construction Certificate application. Such plans are to provide for the works in the following table in accordance with Council’s current Design and Construction Manuals and Specifications.

 

Required work

Specification of work

Street Name Signs

Street name signs and posts to all proposed new roads. (Note: street/road names proposed for the subdivision must be submitted for Council approval 12 weeks prior to lodgement of the Subdivision Certificate application. A suitable name for any new road/s must be in accordance with Council’s adopted policy).

Full Width Road Construction

Full width road and drainage construction for all proposed roads on the approved plan, minimum 6m seal on an 8m formation.

 

Concrete dish drains are required where table drain gradients are less than 1% or more than 5%. Sealed shoulders shall extend to the table drain. Open table drains are to be turf lined and supplemented with subsoil drainage.

 

The intersection of Old Coast Road and the proposed subdivision road shall be designed in accordance with Austroads Guide to road design – Intersections.

 

Old Coast Road shall be constructed and sealed to public road standards to provide sealed frontages to each lot and a continuous bitumen sealed road to connect each lot to an existing urban area. Council acknowledges that sections of Old Coast Road heading towards Macksville will be sealed as part of the Pacific Highway bypass and is willing to accept design plans that illustrate the sealing of Old Coast Road to the end point of the highway sealing works. Sufficient documentation is required to be submitted as part of the construction certificate application.

 

A bus stop is to be provided at the entrance to the subdivision.

 

The radius of the cul-de-sac head shall be a minimum of 12 m and guide posts shall be installed around the perimeter.

 

A temporary 12m radius gravel turnaround shall be provided at the termination of each stage of road construction.

 

This development consent also authorises full width road and drainage construction connecting Florence Wilmont Drive and Old Coast Road for public use within the right of carriageway marked ‘B’ on Lot 64 DP 1167978. Such a connection shall be constructed using asphalt and installing kerb and guttering which is consistent with the existing pavement road formation within the western section of Florence Wilmont Drive.

 

The intersection of Old Coast Road and Florence Wilmont Drive shall be designed in accordance with Austroads Guide to road design – Intersections.

 

Relocation of any driveways and fencing within Lot 64 DP 1167978 is to be illustrated on the plans accompanying the construction certificate to the satisfaction of Council and is to be undertaken at the expense of the developer.

Footpath Construction

A minimum 1.2 metre wide sealed public footpath from the entrance of the development site to Florence Wilmont Drive.

The footpath is to be located on the eastern side of the Old Coast Road carriageway and is to connect to the road verge on the southern side of the existing Florence Wilmont Drive road reserve through the existing 20m wide right of carriageway located within Lot 64 DP 1167978.

If the footpath is to consist of a widened sealed shoulder of the road carriageway, it is to be delineated by line marking and guide post separation. The section of footpath within the 20m wide right of carriageway located within Lot 64 DP 1167978 must consist of a concrete footpath within the road verge.

Driveways Rural – sealed roads

Sealed driveways, in accordance with Council’s rural driveway standards, from the edge of the bitumen to 3 metres within the property boundary to each of the proposed new allotments.

 

Minimum 375 RCP and headwalls through the table drain

Service Conduits

Service conduits to each of the proposed new allotments laid in strict accordance with the service authorities’ requirements.

Estate sign and/or structure

Council will not accept ownership or responsibility for any estate sign or structure. Council will need to be satisfied that a Plan is in place that will provide for ongoing maintenance of the sign and/or structure. Council reserves the right to assess the condition of the sign or structure and also its relevance at intervals of 5 years. The Estate name will not be recognised by Council as part of a property address.

Stripping and Stockpiling

Stripping and stockpiling of existing topsoil on site, prior to commencement of earthworks, and the subsequent re-spreading of this material together with a sufficient quantity of imported topsoil so as to provide a minimum thickness of 80mm over the allotments and footpaths and public reserves, upon completion of the development works.

Culverts required across drainage channels or streams

Culvert to be designed to ensure that peak flow rates for the 1 in 10 year storm event are not affected. The applicant is to obtain any necessary approvals from the Department of Natural Resources and/or the Department of Primary Industries, Fisheries, and plans.

Stormwater Outlets

An energy dissipating pit with a suitably installed locked grated outlet to all pipes or any other drainage structures. Grates must be of galvanised weldlock construction.

Stormwater Quality

Stormwater quality must be suitable for discharge in accordance with Department of Land and Water Conservation NSW (1998) The Constructed Wetlands Manual and Landcom (March 2004), Managing Urban Stormwater, Soils and Construction.

 

Erosion and Sedimentation Control Plan

 

3.       The plans and specifications to accompany the Construction Certificate application are to include a sediment and erosion control plan to indicate the measures to be employed to control erosion and loss of sediment from the site. The sediment and erosion control plan is to be designed in accordance with the requirements of the Landcom (March 2004), Managing Urban Stormwater, Soils and Construction.

 

The sediment and erosion control plan must be prepared by a suitably experienced person such as a person certified by:

 

·           The Institution of Engineers, Australia, for engineering and hydrology matters.

·           The International Erosion Control Association for soil conservation matters.

·           The Australian Society of Soil Science for collection or analysis of soil data.

 

The plan must incorporate (without being limited to) information on general site management, material handling practices, soil stabilisation, water control, sediment control, wind erosion control and access measures.

 

Traffic Control Plan

 

4.       The plans and specifications to accompany the Construction Certificate application are to include a traffic control plan to indicate the measures to be employed to control traffic during construction of the subdivision. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual (1998), Traffic Control at Work Sites, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

 

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

 

Splay corner required

 

          5.       A 7.5m splay corner is to be dedicated to Council at no cost to Council.

 

Sewerage and Water Mains

 

6.       Engineering plans of the proposed water supply works shall be submitted for Council’s approval prior to the issue of the Construction Certificate.

 

Street Tree Planting Scheme

 

7.       The plans and specifications to accompany the Construction Certificate application are to include a street tree planting scheme which has been prepared in accordance with the requirements of Council’s Policy.

 

The Plan must show all services. Plants to be used in the street tree planting scheme must:

 

a        be a minimum size of 2 metres in height and have a minimum mature height of 5m.

b        have a 50mm calliper diameter,

c        be sourced from at least a 25 litre container,

d        be protected by a suitable tree guard (eg a 750mm square tree guard made from a 3m “Acacia” panel painted “Caulfield Green”),

e        be suitably supported by two 2100mm black star picket posts,

f        provided with slow release fertiliser,

g        include the provision of 125mm flexible agricultural pipe filled with 14mm blue metal for watering of the plant, and

h        be mulched with 100mm of native tree mulch.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO SUBDIVISION WORKS COMMENCING

 

Construction Certificate 

 

8.       Subdivision work the subject of this development consent MUST NOT be commenced until:

(a)  A construction certificate for the subdivision work has been issued by council or an accredited certifier, and

(b)  The person having the benefit of the development consent has appointed a principal certifying authority for the subdivision work, and

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

Section 138 Consent

 

9.       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.

 

Erosion & Sediment Measures

 

10.     Erosion and sedimentation controls are to be in place in accordance with an approved Erosion and Sediment Control Plan.

 

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

 

Public Liability Insurance

 

11.     The developer and/or contractor must produce evidence to the Principal Certifying Authority of public liability insurance cover for a minimum of $20 million. Council is to be nominated as an interested party on the policy. The public liability insurance cover is to be maintained for the duration of the period of the works and during any maintenance period.

Erection of Signs

 

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

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Maintenance of sediment and erosion control measures

 

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

 

Inspection of Public Works

 

14.     Development works on public property are not to proceed past the following hold points without inspection and approval by Council. Notice of required inspection must be given 24 hours prior to inspection. You must quote your construction certificate number and property description to book your inspection.

 

i         prior to commencement of site clearing and installation of erosion control facilities;

j         at completion of installation of erosion control measures;

k        at completion of installation of traffic management works;

l         at the commencement of earthworks;

m       before commencement of any filling works;

n        when the sub-grade is exposed and prior to placing of pavement materials;

o        when trenches are open, stormwater/water pipes and conduits jointed and prior to backfilling;

p        at the completion of each pavement (sub base/base) layer;

q        before pouring of concrete for kerb and guttering;

r         prior to the pouring of concrete for sewerage works;

s        on completion of road gravelling or pavement;

t         during construction of water infrastructure;

u        prior to sealing and laying of pavement surface course.

 

All works at each hold point are to be certified as compliant, in accordance with Council’s current Design and Construction Manuals and Specifications, prior to proceeding to the next hold point. Council will undertake random audits of work sites to verify compliance of public works as required.

 

Construction times

 

15.     Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

 

a        Monday to Friday, from 7.00 am to 6.00 pm.

b        Saturday, from 8.00 am to 1.00 pm.

 

No construction work is to take place on Sundays or Public Holidays.

 

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.

 

An ecological consultant must supervise works

 

17.     A suitably qualified and experienced ecological consultant must inspect all native trees that have been approved for removal before they are felled. If there are any koala or other fauna species in the tree, work in the vicinity is to cease until the animal has moved from the area. If it is likely that hollows are providing habitat for native species, traps are to be set for several nights and any native species found must be relocated to an appropriate nearby location.

 

Standards for demolition work

 

18.     All demolition works are to be undertaken in accordance with the provision of Australian Standard AS 2601-2001 “The Demolition of Structures”.

 

 

 

 

Discovery of a Relic

 

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

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO THE RELEASE OF THE SUBDIVISION CERTIFICATE

 

Plan of Subdivision

 

20.     An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application. Three (3) copies of the plan of subdivision are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

 

Plan of Subdivision and Section 88B Instrument Requirements

 

21.     The final plan of subdivision and an instrument prepared under section 88B of the Conveyancing Act 1919 are to provide for the items listed in the following table. Nambucca Shire Council shall be nominated as the sole party with the power to vary or remove the required covenants.

 

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument

Details of Item

Dedicated Public Road Access

Dedication of suitable public road accesses to all proposed allotments.

Dedicated Corner Splays

Dedication of 7.5m corner splays at all street junctions and intersections.

Dedication of Right of Carriageway as Public Road

The existing 20m wide right of carriage way noted as ‘B’ on Lot 64 DP 1167978 is to be dedicated to Council as a public road.

Note: This requirement is subject to obtaining final owners consent from the owners of Lot 64 DP 1167978.

Dwelling Envelope

Restrictions to limit the erection of dwellings to the nominated dwelling envelopes. The dwelling envelopes on lots 1 and 26 are to be located at least 21m from the north-western boundary for compliance with Planning for Bushfire Protection 2006.

Drainage Easements

The creation of easements for drainage of water over all drainage pipelines and structures located within the proposed allotments in accordance with Council’s policy.

Right of Carriageway

The creation of a right of carriageway for emergency access from the proposed road over adjoining  Lot 101 DP 755550 as identified in Figure 2, titled ‘Proposed Emergency Access’, prepared by Clarke Dowdle & Associates and shall be in favour of proposed Lots 1 to 26. The right of carriageway shall extend over the access handle of lot 25. 

Right of Carriageway

In order to provide access for all allotments to the adjoining public open space, provide a right of carriageway 5m wide, or of such width as approved by Council, over proposed Lot 8 or 9 to benefit the owners of Lot 40 DP 711098 (Council). The right of carriageway is to extend from the proposed road to the boundary of Lot 40 DP 711098.

Boundary Adjustment

The boundary between proposed Lot 9 and Lot 40 DP 711098 is to be adjusted to ensure that a 1.5m access way between the dam and the allotment boundary is available for public access within the adjoining reserve. A survey plan demonstrating compliance with this condition is to be submitted to Council prior to the issue of a subdivision certificate.

Asset Protection Zone

A restriction on the land shall be placed on all lots shown on the approved plan, burdening them with the provision of an Asset Protection Zone (APZ) for future dwellings that fall outside their boundaries.

The restriction is to be worded to benefit adjoining allotments and enable future dwellings on them to obtain a bushfire attack level of at least BAL 29. These APZs shall be maintained by the owners of those lots benefited as outlined within Section 4.1.3 and Appendix 5 of Planning for Bushfire Protection 2006 and the NSW Rural Fire Services document Standards for Asset Protection Zones. This restriction can be extinguished upon commencement of any future proposed residential development on the adjacent lots but only if the hazard is completely removed during the course of undertaking approved works.

Hazard Reduction

A restriction to the land use pursuant to section 88B of the 'Conveyancing Act 1919' shall be placed on proposed Lots 1 to 25 and land within 60m of the dwelling envelope on Lot 26 which specifies that the proposed lots cannot be sold until they are hazard reduced with vegetation managed as an outer protection area (OPA) 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'.

Easement for Services

Where necessary, the creation of suitable easements for services.

 

Lot Sizes

 

22.     All lots are to be no less than 1ha in area. Lot 26 is to have a minimum of 1ha of R5 Large Lot Residential zoned land and all land within the parent lot zoned RU2 Rural Landscape.

 

Completion of All Works

 

23.     All works required by this development consent and associated Construction Certificate (excluding the extension of reticulated water) are to be completed prior to the issue of a subdivision certificate.

          In the event that the proposed allotments are released in stages, each lot being released must have sealed access to an urban area as required by this consent and frontage to a sealed road, with temporary turning heads provided where necessary. Relevant services are to be provided to each lot being released.

         

Notwithstanding the above, this development consent permits Council to approve a subdivision certificate for the release of no more than 1 additional lot (either lot 1 or 26) on the approved plan without the required sealing, intersection, or footpath works being undertaken. This provision is subject to the applicant paying Council a $100,000 bond for future extensions to the Old Coast Road bitumen seal and providing a dual entrance off Old Coast Road designed in accordance with Councils engineering standards to service the two allotments (either lot 1 or 26 and residue lot).

          Note: Should subdivision works be physically commenced, the bond figure is subject to review by Council after five years from the date of this consent.

 

Erection of Street Signs

 

24.     Street signs are to be erected showing the approved street name in accordance with this development consent and the Construction Certificate approval.

 

 

 

Rural House Numbering

 

25.     Prior to the issue of a subdivision certificate, apply for and obtain a rural address number for each lot from Council.

 

Redundant Infrastructure

 

26.     Any irrigation pipes or redundant electricity wires within the road reserve to be dedicated to Council are to be removed.

 

Certificates for Engineering Works

 

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

 

Works-As-Executed Plans

 

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

 

Certificate for Pipes, Access Driveways, etc. Within Easements

 

29.     A certificate from a registered surveyor is to be submitted to Council certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements/road reserve.

 

Maintenance Bond

 

30.     A maintenance bond of 10% of the value of the works constructed is to be lodged with Council. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 12 months and will commence from the date of issue of the final Compliance Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

 

Record of Infrastructure

 

31.     A record of infrastructure coming into Council ownership, upon registration of the final plan of subdivision, is to be submitted to Council.

 

Bushfire Protection

 

32.     In accordance with Section 91 of the Environmental Planning and Assessment Act 1979 the following conditions are required to be consistent with the General Terms of Approval issued by the Rural Fire Service under section 100B of the Rural Fires Act 1997:

(a)    Asset Protection Zones

A restriction to the land use pursuant to section 88B of the 'Conveyancing Act 1919' shall be placed on proposed Lots 1 to 25 and land within 60m of the dwelling envelope on Lot 26 which specifies that the proposed lots cannot be sold until they are hazard reduced with vegetation managed as an outer protection area (OPA) 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'.

(b)   Water and Utilities

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

(c)    Access

i.    Public road access shall comply with Section 4.1.3 (1) of ‘Planning for Bushfire Protection 2006’. A temporary turning circle is to be incorporated as part of any staging of the release of allotments.

ii.    The proposed emergency access road on adjoining Lot 101 DP 755550 as identified in Figure 2, titled ‘Proposed Emergency Access’, prepared by Clarke Dowdle & Associates shall:

·      Be pursuant to section 88B of the Conveyancing Act 1919 and in favour of proposed Lots 1 to 26.

·      Be constructed in accordance with Section 4.1.3 (2) of ‘Planning for Bushfire Protection 2006’.

 

 

Electricity Supply Certificate

 

33.     Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground electricity supply throughout the subdivision.

 

Telephone Supply Certificate

 

34.     Written evidence from Telstra is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground telephone supply throughout the subdivision.

 

Section 94 Contributions

 

35.     Contributions set out in the following schedule are to be paid to Council prior to the release of the subdivision certificate. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Community Facilities and Open Space

Lot

25

$1,956

$48,900

June 2015

Surf Life Saving Equipment

Lot

25

$110

$2,750

June 2015

Section 94 Administration Charge

10 % of above contributions

$206.60

$5,165

June 2015

TOTAL

$2,272.60

$56,815.00

June 2015

 

 

REASONS FOR CONDITIONS

 

·      To ensure that the proposed development:

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

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

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

 

·      To meet the increased demand for public amenities and services attributable to the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979.

 

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

 

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

 

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

 

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

 

 


Ordinary Council Meeting - 17 March 2016

Modification to Development Consent DA2014/198

 


























































Ordinary Council Meeting                                                                                                  17 March 2016

General Manager's Report

ITEM 9.13    SF1148            170316         Council Ranger's Report February 2016

 

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 February 2016.

 

 

Recommendation:

 

That Council’s Ranger’s report for February 2016 be received and noted by Council.

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

6

Abandoned or Stray

0

8

Surrendered

12

0

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

12

14

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

7

Sold

0

1

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

1

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

0

Owner’s Request

0

0

Due to Illness, Disease or Injury

0

0

Feral/infant animal

12

0

Unsuitable for rehoming

0

3

Unable to be rehomed

0

1

Total Euthanased

12

4

Total Outgoing Animals

12

12

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

0

2

 

 

February 2016

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

BR-44-CE

3120698424

Stop in Bus Zone

248.00

10/02/2016

YMJ-162

3120698415

Stop in Bus Zone

248.00

10/02/2016

MEGANB

3120698433

No angle park as on parking control sign

106.00

10/02/2016

AJF-98S

3120698442

Loading Zone

177.00

10/02/2016

293-LYN

3120698451

Loading Zone

177.00

10/02/2016

BP-20-JL

3120698460

Loading Zone

177.00

10/02/2016

XZK-813

3120698470

No Stopping

248.00

10/02/2016

AYL-07M

3120698489

No Stopping

248.00

10/02/2016

TFK-276

3120698498

No Disable permit displayed

531.00

10/02/2016

BU-11-ZE

3120601000

Not park in direction of travel

177.00

10/02/2016

BY-18-ME

3120601010

No angle park as on parking control sign

106.00

10/02/2016

AT-47-BZ

3120601029

No angle park as on parking control sign

106.00

10/02/2016

CB-77-KX

3120601038

No angle park as on parking control sign

106.00

10/02/2016

BV-86-BA

3120601047

No angle park as on parking control sign

106.00

10/02/2016

BW-38-CT

3120601056

No angle park as on parking control sign

106.00

10/02/2016

CC-50-LY

3120601065

No angle park as on parking control sign

106.00

10/02/2016

BD-86-KK

3120601074

Not park in direction of travel

177.00

10/02/2016

BN-11-AN

3120601083

No Parking (School Zone)

177.00

10/02/2016

BMF-44H

3120601092

No Parking (School Zone)

177.00

10/02/2016

CDA-64S

3120601101

No Parking

106.00

10/02/2016

AZ-46-QG

3120601110

Loading Zone

177.00

10/02/2016

ASC-24Q

3120601120

Loading Zone

177.00

10/02/2016

YQV-262

3120601139

Not park in direction of travel

177.00

10/02/2016

229-ROV

3120601148

Not park in direction of travel

177.00

10/02/2016

THR-420

3120601157

Not park in direction of travel

177.00

10/02/2016

ZXY-182

3120601166

No angle park as on parking control sign

106.00

15/02/2016

TOB-144

3120601193

No angle park as on parking control sign

106.00

15/02/2016

CE-74-EM

3120601202

No Parking

106.00

15/02/2016

ANT-59

3120601211

No angle park as on parking control sign

106.00

15/02/2016

YPF-481

3120601220

No angle park as on parking control sign

106.00

15/02/2016

BCY-05V

3120601230

Park longer than permitted

106.00

15/02/2016

DCI-55X

3120601249

Park longer than permitted

106.00

15/02/2016

CZE-80V

3120601258

No angle park as on parking control sign

106.00

15/02/2016

CQZ-93A

3120601267

No angle park as on parking control sign

106.00

15/02/2016

BVX-64P

3120601276

No Parking (School Zone)

177.00

15/02/2016

 

February 2016 (cont.)

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

CB-68-XI

3120601285

Not park in direction of travel

177.00

15/02/2016

CGD-13B

3120601303

Not park in direction of travel

177.00

15/02/2016

YQN-990

3120601312

No Parking

106.00

15/02/2016

AO-15-SP

3120601321

No Stopping (school Zone)

asc

15/02/2016

YOR-220

3120601340

Not park in direction of travel

177.00

15/02/2016

UZI-608

3120601368

No angle park as on parking control sign

106.00

15/02/2016

906-IOF

3120601404

No angle park as on parking control sign

106.00

18/02/2016

AH-97-LC

3120601386

No angle park as on parking control sign

106.00

18/02/2016

AB-27-KR

3120601386

No angle park as on parking control sign

106.00

18/02/2016

BU-15-ZC

3120601413

No angle park as on parking control sign

106.00

18/02/2016

DAF-009

3120601422

Park longer than permitted

106.00

18/02/2016

BZ-52-BT

3120601431

Park longer than permitted

106.00

18/02/2016

AU-13-JO

3120601440

Park longer than permitted

106.00

18/02/2016

AAB-36A

3120601450

No angle park as on parking control sign

106.00

18/02/2016

AWK-79C

3120601469

Not park wholly within bay

106.00

24/02/2016

AHO-51Z

3120601478

No Parking

106.00

24/02/2016

BU-01-ZN

3120601487

No angle park as on parking control sign

106.00

24/02/2016

AH-97-LC

3120601496

No angle park as on parking control sign

106.00

24/02/2016

ADJ-93Z

3120601469

No angle park as on parking control sign

106.00

24/02/2016

264-STP

3120601514

No Stopping

248.00

24/02/2016

CD-29-UF

3120601523

No angle park as on parking control sign

106.00

24/02/2016

BVB-09H

3120601532

No angle park as on parking control sign

106.00

24/02/2016

CIN-54A

3120601541

No angle park as on parking control sign

106.00

24/02/2016

BC-92-ZI

3120601550

No Stopping

248.00

24/02/2016

105-MVD

3120601560

No angle park as on parking control sign

106.00

24/02/2016

NA-61

3120601579

No angle park as on parking control sign

106.00

24/02/2016

CA-86-PD

3120601588

Double park

248.00

24/02/2016

097-KAT

3120601597

No Stopping

248.00

24/02/2016

BB-32-JS

3120601606

Not park in direction of travel

177.00

24/02/2016

CF-16-NS

3120601615

Not park in direction of travel

177.00

24/02/2016

BF-20-UY

3120601624

Not park in direction of travel

177.00

24/02/2016

CB-68-XI

3120601633

Not park in direction of travel

177.00

24/02/2016

 

February 2016 (cont.)

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

BB-14-HM

3120601642

Not park in direction of travel

177.00

24/02/2016

TOB-144

3120601651

No Parking

106.00

24/02/2016

BU-15-ZC

3120601660

No angle park as on parking control sign

106.00

24/02/2016

BN-70-TX

3120601670

Not park in direction of travel

177.00

24/02/2016

 

 

TOTAL:

10543.00

 

 

February 2016

COMPANION ANIMALS & OTHER

CHIP NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

N/A

3210601294

Fail to comply with Notice Public place

110.00

15/02/2016

N/A

3210601175

Fail to comply with Notice Public place

110.00

15/02/2016

N/A

3210601184

Fail to comply with Notice Public place

110.00

15/02/2016

N/A

3210601359

Abandoned vehicle in Public place

550.00

16/02/2016

N/A

3210601377

Abandoned vehicle in Public place

550.00

16/02/2016

N/A

3210601330

Fail to comply with Notice Public place

110.00

18/02/2016

 

 

TOTAL:

1540.00

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  17 March 2016

General Manager's Report

ITEM 9.14    SF2173            170316         2016 February - Received Development Applications Received and Complying Development Applications

 

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 February 2016 as at 7 March 2016.

 

 

Recommendation:

 

That the Development Applications and Complying Development Applications received in February 2016 be received for information.

 

 

 

Attachments:

1

8108/2016 - Development Applications and Complying Development Applications Received February 2016

 

  


Ordinary Council Meeting - 17 March 2016

2016 February - Received Development Applications Received and Complying Development Applications

 



Ordinary Council Meeting                                                                                                  17 March 2016

General Manager's Report

ITEM 9.15    SF2173            170316         2016 February - Approved Construction Certificates and Complying Development Certificates

 

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 February 2016 as at 7 March 2016.

 

 

Recommendation:

 

That the Construction and Complying Development Certificates approved for February 2016 be noted and received for information by Council.

 

 

Attachments:

1

8570/2016 - 2016 February - Approved Construction and Complying Development Certificates

 

  


Ordinary Council Meeting - 17 March 2016

2016 February - Approved Construction Certificates and Complying Development Certificates

 



 


Ordinary Council Meeting                                                                                                  17 March 2016

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2116            170316         Investment Report To 29 February 2016

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2015 to 30 June 2016 is expected to be around $959,223.

 

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

 

Council currently has $31.253 Million invested:

 

·      $   5.715   Million with Managed Funds

·      $   3.106   Million with On Call Accounts

·      $ 21.932    Million on Term Deposits

·      $     .500   Million with Floating Rate Notes

 

This report details all the investments placed during February and Council funds invested as at 29 February 2016.

 

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 29 February 2016 be noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during February 2016 and Council funds invested as at February 2016.

 

 

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 March 2016 Budget Review and GPG Research & Advisory have provided Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments will be assessed with the March 2016 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                                                                                                  17 March 2016

Corporate Services

ITEM 10.2    SF251              170316         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

17 March

Missabotti Hall

5.30 PM

Access Committee Meeting

22 March

Council Chambers

2.00 PM

Ordinary Council Meeting

31 March

Council Chambers

5.30 PM

Ordinary Council Meeting

14 April

Valla Public Hall (Rural)

5.30 PM

Access Committee Meeting

26 April

Council Chambers

2.00 PM

Ordinary Council Meeting

28 April

Council Chambers

5.30 PM

Ordinary Council Meeting

12 May

Tewinga Community Centre

5.30 PM

Access Committee Meeting

25 May

Council Chambers

2.00 PM

Ordinary Council Meeting

26 May

Council Chambers

5.30 PM

Ordinary Council Meeting

16 June

Council Chambers

5.30 PM

Access Committee Meeting

28 June

Council Chambers

2.00 PM

Ordinary Council Meeting

30 June

Council Chambers

5.30 PM

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  17 March 2016

Assistant General Manager Corporate Services Report

ITEM 10.3    SF315              170316         Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 14 November 2015

 

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

 

Summary:

 

The report acknowledges the minutes of the Annual General meeting of the Mary Boulton Pioneer Cottage and Museum Committee of Management held on 14 November 2015, and the new Committee.  A copies of the minutes and the Treasurer’s Report are attached.

 

 

 

Recommendation:

 

That Council endorse the minutes of the Annual General Meeting held on 14 November 2015 for the Committee of Management for the Mary Boulton Pioneer Cottage and Museum and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Mary Boulton Pioneer Cottage and Museum Committee of Management was held on 14 November 2015.

 

The new office bearers for the Committee are:

 

President                        Brian Gooch

Vice President                 John Wood

Acting Secretary              Joy Lane

Acting Treasurer              Joy Lane

 

 

CONSULTATION:

 

There has been no further consultation in regard to these minutes.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This Committee is dedicated to the care, control and management of the Mary Boulton Pioneer Cottage and Museum.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact direct or indirect on current and future budgets.

 

Source of fund and any variance to working funds

 

There are no implications on working funds.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

 

Attachments:

1

4650/2016 - Minutes of AGM - 14 November 2015

 

2

7628/2016 - Treasurer's Report

 

  


Ordinary Council Meeting - 17 March 2016

Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 14 November 2015

 



Ordinary Council Meeting - 17 March 2016

Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 14 November 2015

 



 


Ordinary Council Meeting                                                                                                  17 March 2016

Assistant General Manager Engineering Services Report

ITEM 11.1    SF2085            170316         Funding for Natural Disaster Flood Event April/May 2015

 

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

 

Summary:

 

Advice from the Roads and Maritime Services (RMS) has been received that the State Government has approved the amount of $1,883,500.00 towards the repair and rectification of damage to local roads following the April/May 2015 storm/flood event.  A copy of the letter is attached.

 

 

Recommendation:

 

That Council formally advise the Roads and Maritime Services that it accepts the Natural Disaster funding reference 16033AR for the amount of $1,883,500.00 for restoration to local roads following the April/May 2015 flood event.

 

 

OPTIONS:

 

1        Adopt the recommendation

2        Decline the funding offer

 

 

DISCUSSION:

 

The April/May 2015 storm/flood event was declared a Natural Disaster by the State Government which allowed Council to make a claim for repairs to infrastructure. Advice from the Roads and Maritime Services (RMS) has been received that the claim was approved for the amount of $1,891,500. Under the conditions of funding for ‘Natural Disaster Arrangements’, Council is required to pay the first $29,000.00 of the claim. The State Government’s contribution towards the repair and rectification of damage is $1,862.500.

 

Council received an email 11 February 2016 that advised that the Public Works had assessed the April 2015 natural disaster event. Council sought an amount of $2,241,000 and after some back and forth negotiations and change to the scope of works, they have approved our claim for an amount of $1,891,500 which will suffice. (The actual cost of the repairs is what will be paid)

 

Bradleys Bridge is subject to betterment and will now be replaced with a concrete structure, and in addition a separate report has been prepared for Council’s consideration to repair a section of pavement on North Arm Road using the Natural Disaster funding and Council contribution towards betterment by sealing the pavement. 

 

A summary of the works is set out below:

 

A number of the works were undertaken in the 2014/15 financial year such as Browns Crossing Bridge  and road restoration (as an example) and these will be reconciled and acquitted with the funds directed back into general fund and reported through the next Quarterly budget review.

 

 

CONSULTATION:

 

Roads and Martine Service (RMS)

Public Works

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment associated with this report.

 

Social

 

There are no social implications to Council with this report.

 

Economic

 

There are no economic implications to Council associated with this report.

 

Risk

 

There is no risk implication to Council associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The direct impact on the current 2015/16 budget is an additional income $954,500 being payment of work to date and a further $900.000 has been included within the 2016/17 budget.

 

Council’s contribution is $29,000.00 under the conditions of funding for ‘Natural Disaster Arrangements” and will be reflected in the 2015/16 budget only as it is once off payment.

 

Source of fund and any variance to working funds

 

There is a variation of $29,000.00 to the 2015/16 budget required to pay councils contribution in accordance with the Natural Disaster Arrangements which will be reflected in the March Quarterly Budget Review.

 

Service level changes and resourcing/staff implications

 

There are no implications associated with this report.

 

Attachments:

1

5788/2016 - Restoration of Flood and Storm Damage April/May 2015

 

  


Ordinary Council Meeting - 17 March 2016

Funding for Natural Disaster Flood Event April/May 2015

 



Ordinary Council Meeting                                                                                                  17 March 2016

Assistant General Manager Engineering Services Report

ITEM 11.2    SF565              170316         Temporary Road Closure - Short Street Scotts Head - Scotts Head Food Wine Music & Art Festival - 17 April 2016

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received a request for the temporary road closure of Short Street, Scotts Head as part of the Scotts Head Food, Wine, Music and Art Festival - 17 April 2016.

 

 

Recommendation:

 

1        That Council approve a request from the Scotts Head Events Committee of Management to the temporary road closure of Short Street, Scotts Head as part of the Food, Wine, Music & Art Festival—17 April 2016 noting the following has been received:

 

·      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.

   

2        That Council endorse road closures as follows:

 

·      Short Street – Waratah Street to Matthew Street - 10.00am to 6.00pm on 17 April 2016.

 

 

OPTIONS:

 

Refuse the road closure.

 

 

DISCUSSION:

 

Scotts Head Events Committee of Management has requested the temporary road closure of Short Street, Scotts Head as part of the Scotts Head Food, Wine, Music & Art Festival - 17 April 2016. 

 

The road closure is required for the organisers to conduct a Show ‘N’ Shine display of hot rods and motor bikes and to prevent through traffic at the entry to the reserve.

 

Local Traffic Committee concurrence has been provided to the road closure.

 

 

CONSULTATION:

 

Scotts Head Events Committee of Management

Local Traffic Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment associated with this report.

 

Social

 

The festival provides for an enjoyable event for the local community and visitors.

 

Economic

 

The event contributes significantly to the local economy.

 

Risk

 

There is minimal risk to road users as police and traffic controllers will be at the event.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact other than administration.

 

Attachments:

1

5388/2016 - Event Application

 

  


Ordinary Council Meeting - 17 March 2016

Temporary Road Closure - Short Street Scotts Head - Scotts Head Food Wine Music & Art Festival - 17 April 2016

 









Ordinary Council Meeting                                                                                                  17 March 2016

Assistant General Manager Engineering Services Report

ITEM 11.3    SF408              170316         Second acquisition of Crown land for easement and road purposes on Wallace Street and Upper Warrell Creek Road Macksville

 

AUTHOR/ENQUIRIES:    Nigel Petersen, Surveyor         

 

Summary:

 

On 2 December 2010 and subsequently on 14 August 2013 Council passed resolutions pertaining to the acquisition of various parcels of Crown land for road purposes and a proposed easement for services. 

 

The proposed development DA2009/087, a 70 lot residential subdivision was in abeyance for several years until reactivated by Nambucca Valley Care Ltd, The development had a deferred commencement condition that required the creation of an easement for a sewer main over the adjoining Crown land.  generating the resolution by Council on 14 August 2013 that the developer pay the costs of acquisition

 

The acquisition plan was completed and registered at the Land Titles Office as DP 1186582 on 23 July 2013 and the application to Department of Local Government was lodged on 30 October 2013 for the acquisition approval pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

 

On 9 January 2014 Council was advised that the application had been rejected due to some of the content contained within the resolution passed by Council “That Council advise the applicant in DA2009/087 that they are required to pay all costs related to the acquisition of the easement for services including, but not limited by, legal, valuation, administration fees and the amount of compensation payable to the Crown” which inferred that Council were obtaining the land on behalf of the developer as it referred to the developer meeting all the costs within the resolution which is not the intent, as the proposed acquisition was for the sewer main which will connect to existing Council infrastructure and become part of Councils assets.

 

Because of other water and sewer mains in the area it was decided to widen the easement to include all Council infrastructures in the vicinity. To finalise this matter and make the application complainant pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 a new resolution is required to be passed by Council that specifically refers to the land to be acquired is for the road and the proposed easement for services.

 

 

Recommendation:

 

1        That Council acquire by compulsory process Lots 1 to 4 in DP 1186582, pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

 

2        That Council acquire by compulsory process an easement for services variable width, designated (E) in DP 1186582, for infrastructure purposes pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

 

3        That Council exclude minerals from the proposed acquisition.

 

4        That Council advise that the proposed acquisition is not for the purpose of resale.

 

5        That Council seek approval for the proposed acquisition from the Minister for Local Government and the Governor.

 

6        That the common seal of Council be affixed to all documents associated with the proposed acquisition, if necessary.

 

 


OPTIONS:

 

Council could refuse to proceed with the compulsory acquisition.  This would have serious implications for Councils road network and existing Council services and any future services.

 

 

DISCUSSION:

 

The plan or redefinition of Wallace Street for the subsequent acquisition of land is to legalise access to Council assets and provide a contiguous road link. The plan was registered on 23 July 2013 an application was then made to Department of Local Government on 30 October 2013 outlining the land to be acquired and for purpose of the acquisition.

 

The application was rejected as it made reference to a private development within the resolution passed by Council surrounding Lot 1 and consent will not be provided for the acquisition unless the resolution is amended.

 

 

CONSULTATION:

 

Manager Technical Services

Assistant General Manager Engineering Services

Division of Local Government – Premier and Cabinet

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no perceivable environmental impacts associated with this report.

 

Social

 

There would be considerable social and economic impact if the proposed acquisition did not take place, leaving sections of Council’s road network without a legal and contiguous link.

 

Economic

 

See above

 

Risk

 

There could be liability issues relating to access if Council resolves to leave the land as Crown Land.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be no perceivable impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There are no additional funds required.

 

Service level changes and resourcing/staff implications

 

There are no resourcing or staff implications.

 

 

Attachments:

1

18064/2013 - Deposited Plan for DP1186582 Wallace Street and Upper Warrell Creek Road

 

2

26829/2010 - Response regarding proposed redefinition of Wallace Street & acquisition of land

 

3

20941/2010 - Request for Agreement in Principal - proposed acquisition Lots 1 - 4 Wallace Street

 

4

1105/2014 - Request for additional information and decline of application for Lots 1 - 4 Wallace Street

 

  


Ordinary Council Meeting - 17 March 2016

Second acquisition of Crown land for easement and road purposes on Wallace Street and Upper Warrell Creek Road Macksville

 

PDF Creator


PDF Creator


Ordinary Council Meeting - 17 March 2016

Second acquisition of Crown land for easement and road purposes on Wallace Street and Upper Warrell Creek Road Macksville

 


Ordinary Council Meeting - 17 March 2016

Second acquisition of Crown land for easement and road purposes on Wallace Street and Upper Warrell Creek Road Macksville

 

Enquiries to:     Phillip Smith

Phone No:       02 6568 0231

Our Ref:          SF408

 

 

 

27 August 2010

 

 

 

The Manager

Land and Property Management Authority

Crown Lands Division

PO Box 440

TAREE  NSW  2430

 

 

Dear Sir/ Madam

 

PROPOSED REDEFINITION OF WALLACE STREET MACKSVILLE AND ACQUISITION OF LAND FOR ROAD PURPOSES LOT 7014 AND 7015 DP 1110376 AND LOT 7005 DP 1110377

 

The above lots were created in 2007 for the purpose of Crown Land Conversion.  The effect was to negate legal access to Wallace Street for many of the residential lots.

 

As Wallace Street in this area is undefined, Council intends to establish the boundaries of the road pursuant to Section 18-21 of the Roads Act 1993.

 

I enclose a draft plan showing the proposed redefinition of Wallace Street.  The formation of the road, as shown in green, can be kept for the most part within a 20 metre wide road reserve.  The western boundary of the road is now contiguous with the adjacent property boundaries thus solving access issues for those properties.

 

The draft plan also shows four lots numbered 1 – 4.  It is intended to acquire these lots for road purposes pursuant to the Land Acquisition (Just Terms Compensation) Act 1991, subject to approval from the Department of Local Government.

 

Lot 1 is an extension of Harrimans Lane.  Council has given approval for an industrial development which uses Harrimans Lane for access.  Council requires the developer to provide an intersection “treatment” at right angles with Upper Warrell Creek Road.  This would occupy most of proposed Lot 1.

 

Lot 2 is required to provide contiguous legal access across the Crown Land for Wallace Street and Upper Warrell Creek Road.

 

Lot 3 is required to provide legal access to Council infrastructure and a private dwelling as shown on the draft plan.

 

Lot 4 is the access road into the Macksville Country Club and is required for legal access.

 

It is intended to dedicate Lots 1 – 4 as Public Road, pursuant to the Roads Act 1993.

 


2

 

The Manager

Land and Property Management Authority

27 August 2010

SF4082

 

 

The Crown Lots 7014, 7015 and 7005 were originally part of a Travelling Stock Reserve traversed by Wallace Street (the old Pacific Highway).  Old subdivision plans and even recent ones such as DP 1127705 show Wallace Street (or the Pacific Highway) as variable in width and contiguous with the boundaries of the subdivisions.

 

It appears that the LPMA is responsible for the legal access problems in that it created the Crown Land lots which negated access rights inherit with Travelling Stock Reserves.

 

Council, by redefining Wallace Street, acquiring Lots 1 - 4 and dedicating them as Public Road, will fix the problem and it would expect the LPMA to forgo its interest without compensation.

 

I would be pleased if your office would provide in principal, agreement to the proposed acquisition of Lots 1 – 4, together with your comments regarding compensation.

 

Yours faithfully,

 

 

 

 

 

PHILLIP SMITH

REGISTERED SURVEYOR

 

PS:hl

 

Enc   Draft Plan of Redefinition (Our Reference TRIM 20954/2010)

 

 


Ordinary Council Meeting - 17 March 2016

Second acquisition of Crown land for easement and road purposes on Wallace Street and Upper Warrell Creek Road Macksville

 


Ordinary Council Meeting                                                                                                  17 March 2016

Assistant General Manager Engineering Services Report

ITEM 11.4    SF408              170316         Recission of Council resolutions relating to reports dated 2 December 2010 and 14 August 2013

 

AUTHOR/ENQUIRIES:    Nigel Petersen, Surveyor         

 

Summary:

 

This report has been prepared to rescind Council resolutions contained in reports dated 2 December 2010 and 14 August 2013 to allow a new report to be adopted with almost identical content with the omission of any reference to DA 2009/087 and DA 2008/267.

 

The intent of this is to satisfy the requirements of the compulsory acquisition of land under the Land Acquisition (Just Terms Compensation) Act, 1991.

 

 

Recommendation:

 

1          That the Council approve the rescission of items out of Council Reports as listed:

 

          a        2 December 2010 – Minute 2592/10

          b        14 August 2013 – Minute 35/13

 

2        That a subsequent report be placed before Council encompassing the alterations and combining into one report, hence meeting the request of the Department of Local Government.

 

 

OPTIONS:

 

Leave as is but failure to rescind these Council Resolutions will mean that the acquisition of Lots 1 to 4 and the Easement for Services will not be able to be proceeded.

 

 

DISCUSSION:

 

As part of Council’s expectation and responsibility as a Roads Authority, Council has powers/obligations to rectify any access issue over public land under Roads Act, 1993. The intent of this report is not to ignore this issue, but to rectify an a problem which has arisen out of the Compulsory Acquisition process with regards to acquisitions relating to Crown Land or land in Public Ownership.

 

The two Council resolutions for rescission are outlined below:

 

Council resolution dated 2 December 2010:

 

ITEM 11.1    SF408          021210        Report on the Proposed Redefinition of Wallace Street Macksville and the Acquisition of Crown Land for Road Purposes - DA2008/267

2592/10 RESOLVED:         (Ainsworth/Moran)

 

1        That Council approve the plan of redefinition of Wallace Street pursuant to Clause 18-21 of the Roads Act 1993.

 

2        That Council cause notice of the proposed road boundaries to be published in a local newspaper and notify the owner of each parcel of land affected by the proposed boundaries.

 

3        That Lots 1, 2, 3 and 4 of the draft plan (being part of lot 7015 DP1110376) be acquired by compulsory process for road purposes pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

 

4        That minerals are excluded from the proposed acquisition.

 

5        That the proposed acquisition is not for the purpose of resale.

 

6        That approval for the acquisition is sought from the Minister for Local Government and the Governor.

 

7        That the common seal of Council be affixed to all documents associated with the acquisition and road redefinition, if necessary.

 

8        That the applicant in DA2008/267 shall pay all costs involved in the acquisition of Lot 1.

 

Council resolution dated 14 August 2013:

 

ITEM 11.8    SF408                140813      Acquisition of Crown land for easement and road purposes on Wallace Street and Upper Warrell Creek Road Macksville

1/13 Resolved(Finlayson/Ainsworth)

 

1        That Council acquire by compulsory process an easement for services variable width, designated (E) in DP 1186582, for infrastructure purposes pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

 

2        That Council exclude minerals from the proposed acquisition.

 

3        That Council advise that the proposed acquisition is not for the purpose of resale.

 

4        That Council seek approval for the proposed acquisition from the Minister for Local Government and the Governor.

 

5        That the common seal of Council be affixed to all documents associated with the proposed acquisition, if necessary.