NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

31 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 - 31 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

3.00 pm

Leave Council’s Administration Centre

 

3.20 pm

Item 9.2       Drainage Issue - 8 Loftus Lane, Nambucca Heads

Onsite

4.00 pm

Item 9.3       Use of Public Reserve as Asset Protection Zone for Proposed Development

Onsite

5.30 pm

Mayor and Garry Johnson OAM to present badge to CITIZEN OF THE YEAR  Mr Ian Flarrety

Council Chambers

 

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 17 March 2016.................................................................................... 7

5        NOTICES OF MOTION  

6        DELEGATIONS

9.4     Proposed Telecommunications Facility............................................................................ 62

          i         Ms Kerrie Grace--Objector

12.1   Tender for the Operation of the Macksville Memorial Aquatic and Fitness Centre

          i         Mr Brad Paterson on behalf of Community Aquatics PTY LTD

          ii        Mr Richard Price on behalf of YMCA

          iii       Ms Jenny Adams on behalf of YMCA

 

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.................................................................................... 20

9.2     Drainage Issue - 8 Loftus Lane, Nambucca Heads............................................................ 26

9.3     Use of Public Reserve as Asset Protection Zone for Proposed Development.................... 32

9.4     Proposed Telecommunications Facility—DELEGATION .................................................. 62

9.5     Outstanding DAs greater than 12 months OR where submissions received - 9 March - 22 March 2016.................................................................................................................................... 157

9.6     Review of Donations Policy.......................................................................................... 160

10      Assistant General Manager Corporate Services Report

10.1   Grant Application Status Report ................................................................................... 166

10.2   Schedule of Council Public Meetings............................................................................. 179

10.3   Tewinga Community Centre Committee of Management AGM - 5 March 2016 - Minutes.... 180

11      Assistant General Manager Engineering Services Report

11.1   Surf Life Saving Report - March 2016............................................................................. 182

11.2   Tender T001/2016 for the preparation of an Integrated Water Cycle Management Plan - Consultant Engagement................................................................................................................. 203    


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

12.1   Tender for the Operation of the Macksville Memorial Aquatic and Fitness Centre - ................

          DELEGATIONS

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

 

12.2   Tender T001/2016 for the preparation of an Integrated Water Cycle Management (IWCM) Strategy - Consultant Engagement

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

  

            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 17 March 2016

The following document is the minutes of the Ordinary Council meeting held 17 March 2016.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 31 March 2016 and therefore subject to change.  Please refer to the minutes of 31 March 2016 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor P Flack declared a non-pecuniary significant conflict of interest in Item 9.8 Nambucca River Jockey Club licence D540002 Racecourse Proper under the Local Government Act as Cr Flack has family members who own property adjacent to the Bowraville Racecourse.  Cr Flack left the meeting for this item.

 

Councillor K MacDonald declared a non-pecuniary significant conflict of interest in Item 9.12 Modification to Development Consent DA2014/198 under the Local Government Act as Cr MacDonald’s sister owns properties that she believes could be affected in terms of amenity and/or property price.  Cr MacDonald left the meeting for this item.

 

Councillor P Flack declared a non-pecuniary less significant conflict of interest in Item 11.1 Funding for Natural Disaster Flood Event April/May 2015 under the Local Government Act as one of the North Arm flood damage slips is adjacent to her property and impacts on her property.

 

Councillor P Flack declared a non-pecuniary significant conflict of interest in Item 11.5 Request for funding - Pavement Rehabilitation Works North Arm Road under the Local Government Act as Cr Flack is a resident of Girralong on Upper North and travels North Arm Road frequently.  Cr Flack left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 25 February 2016

 

109/16 RESOLVED:        (MacDonald/Flack)

 

That the minutes of the Ordinary Council Meeting of 25 February 2016 be confirmed.


 

 

NOTICE OF MOTION - CR Hoban

 

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

110/16 RESOLVED:        (Hoban/Flack)

 

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.


 

 

NOTICE OF MOTION - CR Ainsworth

 

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

111/16 RESOLVED:        (Ainsworth/MacDonald)

 

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.


 

 

PUBLIC FORUMS AND DELEGATIONS

 

RECOMMENDATION

 

That the following Public Forums be heard:

 

i)          Ms Dawn Kennedy – President Committee of Management

ii)         Mr Adrian Weir - Thank you to Council

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

iv)        Mr Stuart Simshauser - Telstra Reception & Bellingen Road

v)         Mr Bruce Wilson – Bellingen Road

vi)        Mr Jeff Unwin – Infrastructure

vii)      Ms Lee Unwin – Fixing of the roads (not in attendance)

 

and that the following Delegations be heard:

 

9.7     Visitor Information Centre

          i)       Mr David Banks on behalf of Nambucca Valley Tourism Association

 

9.12   Modification to Development Consent DA2014/198

          i)       Mr Barry Flynn

          ii)      Ms Georgina Neumann—not in attendance

          iii)     Ms Keiley Hunter (applicant)—not in attendance


 

i)           Ms Kennedy, President of the Missabotti Community Centre, welcomed the Mayor, Councillors, staff and all others in attendance.

 

ii)          Mr Weir addressed Council making the following points:

·                Thanked Council for the Hall Committee

·                Appreciate Council’s contribution

·                Installed new solar powered system, new meter box

·                Would like Council’s support to develop Scotts Park – Scott donated land to the Hall.  Would like to create small garden with shade trees for car parking – has approached Council’s Green Space Coordinator regarding suitable types of trees to plant

·                Offered copies of Bushfire Survival Plan (free) to resident

·                Reiterated that the Centre is a great community facility and encourages the community to use it.

 

iii)         Mrs Andren addressed Council making the following points:

·                She owns a block of land which is inaccessible due to road closures resulting from land slides. 

·                Had plans drawn up to build chalets

·                Cannot access this part of her property at all

·                Still paying rates to Nambucca Shire Council for land she cannot access

·                Cannot maintain, sell, build fire breaks and property is getting very overgrown

·                Asked for a definition of ‘heavy vehicles’

 

The AGMES advised he will approach Bellingen Shire Council to ascertain what access arrangements can be made.  Bellingen Shire Council are prepared to grade the road from their end.  Firstly needs to be checked if it is a wash-away and thus needing more than a grading.

 

iv)        Mr Simshauser addressed Council making the following points:

·                Requests Council to lobby Telstra regarding the blackspot/very poor reception in the Missabotti area for mobile phone service

·                This could present a dangerous situation if a resident has an accident and requires emergency

·                Bowraville is a cul de sac – affecting tourism

·                Has Council approached Elders of Three Nations regarding the road no longer being open?

·                Asked if Council had considered Kennaicle Creek Road as an alternative route to Bellingen

 

The General Manager suggested that Mr Simshauser approach Bellingen Shire Council to ascertain if they would consider moving their boundary to include those Nambucca Shire residents that are affected by the land slip road closures.

 

v)         Mr Wilson addressed Council making the following points:

·                Complimented Council on quick cleanup after mini tornado that went through Bellingen Road

·                Complimented Council on the resurfacing of parts of Rodeo Drive

·                Questioned why parts of Rodeo Drive were done before other more needy/dangerous sections

·                Intersection of Bellingen Road and Rodeo Drive is dangerous especially at night as turnoff cannot be seen – no cats eyes, guideposts always being knocked over – dangerous corner

·                Blackberry Lane – gravel slug comes out 1 metre onto the road – needs to be graded back

·                Speed limit enforced around dairy as road narrows and accidents have occurred.

 

vi)        Mr Jeff Unwin addressed Council making the following points:

·                Why was Helliwells Road tared before other more needy roads?

·                Questionned levelling of Rodeo Drive from Bellingen Road

·                Why are offcuts from bridge building taken to Gumma to be burnt as they are treated with poison?


 

DELEGATIONS

 

Mr David Banks addressed Council to a prepared statement which is on file SF929.

 

ITEM 9.7      SF929                170316      Visitor Information Centre

112/16 RESOLVED:        (Flack/Smyth)

 

1        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 $153,500.00 in 2015/16 and otherwise fully committed to operating the existing visitor information centre and undertaking marketing.

 

2        That Council receive the information from the Nambucca Valley Tourism Association and that staff report back to Council so it can consider the Association’s suggestions and any other suggestions from Council staff and that Council approach Bellingen Shire Council to determine their potential interest.


DELEGATIONS continued

 

Cr MacDonald left the meeting for this Item at 7.02 pm and returned after the conclusion of the Item at 7.26 pm.

 

i)           Mr Barry Flynn addressed Council.

·                GPS could direct vehicles along the route

·                Cyclists may be jeopardised due to traffic volumes

·                Kingsworth Estate bushfire compliant

·                RMS creating a firebreak

·                Area is safer than ever before

·                No Kingsworth Estate residents will support the amendment

·                Suggest closed gate to be opened by council in emergencies

·                Lifestyles of residents should not be affected

·                Urges council to reject the amendment

 

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

Motion:      (Finlayson/Ainsworth)

 

1          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.

 

2          That the section of road between Florence Wilmont Drive and Old Coast Road be provided with suitable ‘traffic calming” treatments such as kerb blisters, cobble type pavement and the like.  Details of the proposed traffic calming treatments are to be submitted with the construction plans for approval by Council.

 

Amendment:       (Flack/Smyth)

 

That the matter be deferred so that Council can consider any statutory requirements eg assessments of impact of removal of specific trees and report come to back to Council.

 

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

 

113/16 Resolved:        (Flack/Smyth)

 

That the matter be deferred so that Council can consider any statutory requirements eg assessments of impact of removal of specific trees with a report to come back to Council.

 

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

Against the Motion:   Councillor Morrison      (Total 1)


 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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


 

 

114/16 Resolved:        (Ainsworth/MacDonald)

 

That Item 9.9 be brought forward as interested parties were in the gallery.

 

 

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

115/16 RESOLVED:        (Ainsworth/South)

 

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.

 

Note: Cr Flack requested her vote be recorded against the resolution because of the flood prone nature of the land.


 

 

General Manager Report

 

ITEM 9.1      SF959                170316      Outstanding Actions and Reports

116/16 RESOLVED:        (Ainsworth/Finlayson)

 

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


 

 

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

Motion:      (Flack/Smyth)

 

That Mrs Kelli Leckie be advised:

 

1           That Council will confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and will consider any drainage measures which may be 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 $100,000.00 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:       (Finlayson/Ainsworth)

 

1           That Council confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and consider any drainage measures which may be reasonable and practicable to alleviate water logging.

 

2        That Council attend a mediation with the Leckies and the Department of Lands with the Deputy Mayor and Assistant General Manager to represent Council.

 

The amendment was LOST.

 

Amendment:       (MacDonald/Ainsworth)

That consideration of the matter be deferred to Closed Meeting so as to allow the opportunity for questions about the legal advice.

 

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

 

117/16 Resolved:        (MacDonald/Ainsworth)

 

That consideration of the matter be deferred to Closed Meeting so as to allow the opportunity for questions about the legal advice.

 


 

 

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

118/16 RESOLVED:        (MacDonald/Ainsworth)

 

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.


 

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

119/16 RESOLVED:        (Ainsworth/Morrison)

 

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


 

 

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

120/16 RESOLVED:        (Flack/MacDonald)

 

That Council waive the invoice of $1,265.00 (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.


 

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

121/16 RESOLVED:        (Ainsworth/South)

 

That Council make provision in its operational plan for 2016/17 for the expenditure of $40,000.00 on the preparation of a Development Control Plan for the Valla urban release area including a review of zone boundaries.


 

Item 9.7 was dealt with under Delegations.

 


 

 

Cr Flack left the meeting for this item at 8.10 pm and returned after the conclusion of the item at 8.11 pm.

 

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

122/16 RESOLVED:        (Smyth/Ainsworth)

 

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.


 

 

Item 9.9 was dealt with earlier in the meeting.


 

 

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

123/16 RESOLVED:        (South/Ainsworth)

 

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.


 

 

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

124/16 RESOLVED:        (Flack/Ainsworth)

 

That the information be noted by Council.


 

 

Item 9.12 was dealt with under Delegations.


 

 

ITEM 9.13    SF1148              170316      Council Ranger's Report February 2016

125/16 RESOLVED:        (Flack/Smyth)

 

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


 

 

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

126/16 RESOLVED:        (MacDonald/South)

 

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


 

 

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

127/16 RESOLVED:        (Ainsworth/MacDonald)

 

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


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2116              170316      Investment Report To 29 February 2016

128/16 RESOLVED:        (MacDonald/Ainsworth)

 

That the Accountants’ Report on Investments placed to 29 February 2016 be noted.


 

 

ITEM 10.2    SF251                170316      Schedule of Council Public Meetings

129/16 RESOLVED:        (Morrison/Flack)

 

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


 

 

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

130/16 RESOLVED:        (Flack/Ainsworth)

 

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.


 

 

Assistant General Manager Engineering Services Report

 

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

131/16 RESOLVED:        (Ainsworth/South)

 

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.


 

 

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

132/16 RESOLVED:        (Ainsworth/South)

 

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 - 10.00 am to 6.00 pm on 17 April 2016.


 

 

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

133/16 RESOLVED:        (Ainsworth/MacDonald)

 

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.


 

 

ITEM 11.4    SF408                170316      Recission of Council resolutions relating to reports dated 2 December 2010 and 14 August 2013

134/16 RESOLVED:        (Ainsworth/MacDonald)

 

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.


 

 

Cr Flack left the meeting for this item at 8.29 and returned after the conclusion of the item at 8.30 pm.

 

ITEM 11.5    RF371                170316      Request for funding - Pavement Rehabilitation Works North Arm Road

135/16 RESOLVED:        (MacDonald/Ainsworth)

 

That Council allocate an amount of $167,000.00 from working funds to compliment the Natural Disaster Recovery Funding (NDRF) received for North Arm Road to place a bitumen seal over the section of repaired pavements contained within the approved schedule and further that Council notes that additional gravel and pavement works will be supplemented on the sections not funded under by NDRF from the gravel re-sheeting program that was scheduled for North Arm Road.


 

 

ITEM 11.6    SF843                170316      Report to Council - Minutes - Vehicular Access to Beaches Committee - 12 February 2016

136/16 RESOLVED:        (Smyth/Ainsworth)

 

1        That the record of discussions of the attendees at the Vehicular Access to Beaches Committee meeting held on Friday 12 February 2016 be received and noted.

 

2        That Council amend the signage at Hyland Park to Deep Creek in accordance with the Vehicles on Beaches brochure being 3.7km as showing under the Detailed Legend for Nambucca Shire Council emanating from the record of discussions.

 

3        That Council increase the 4WD Beach Permit fees in accordance with the MIDROC proposal as follows:

 

          $60.00         per financial year

          $30.00         per financial year for pensioners

 

4        That Council not introduce a reduced permit fee for the final quarter of the financial year being April – June in accordance with the MIDROC proposal.

 

5        That Council reduce the speed to 40km/h in accordance with the MIDROC proposal and        amend the Policy to reflect the change.

 

6        That Council ban motorbikes from all beaches in the Nambucca Shire in accordance with the        MIDROC proposal and amend the Policy to reflect the change.

 

7        That Council write to all Honorary Rangers advising that the Beach Permits issued to them do not permit them to travel on all beaches and they are restricted to designated beaches for 4WD’s only.

 

8        That Council update the Terms of Reference for the Nambucca Shire Council Vehicular Access to Beaches Committee (Our Ref: 27957/2011) to reflect the resignation of Honorary Ranger, Mr Tony Hardge.

 

9        That Council investigate a NO SWIMMING or WARNING sign near the boat ramp at Shelly Beach, Nambucca Heads advising swimmers that boats are operating in the immediate area.


 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

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 12.1    LF4225               170316      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.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    LF13                  170316      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.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 9.2      LF4225               170316      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) (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.


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.40 pm.


 

 

RESUME IN OPEN MEETING

 

Resolved:          (Ainsworth/Flack)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.54 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 1.1      LF4225               170316      Kelli Leckie - Notice of Proposed Legal Action Against Council and Crown Lands

Motion:      (Ainsworth/Flack)

 

That the information concerning the legal advice obtained from Sparke Helmore Lawyers be received.

 

Note:  The Mayor ruled Cr Morrison out of order (8.55 pm).

 

Motion:      (Flack/Smyth)

 

That the Chairperson require that Cr Morrison be expelled from the meeting in accordance with Clause 39(3) of Council’s Code of Meeting Practice.

 

Amendment:       (Finlayson/Ainsworth)

 

That Councillor Morrison be censured and that the meeting note Councillors’ remarks concerning the need for respectful conduct.

 

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

 

137/16 Resolved:        (Finlayson/Ainsworth)

 

That Councillor Morrison be censured and that the meeting note Councillors’ remarks concerning the need for respectful conduct.

 

138/16 Resolved:        (Flack/Smyth)

 

That there be a Division.

 

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

Against the motion:         Cr Morrison           (Total 1)


 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    LF13                  170316      Dog Breeding at 83 Old Coast Road, North Macksville

139/16 RESOLVED:        (Finlayson/Ainsworth)

 

That Council staff continue to monitor the number of dogs being kept at 83 Old Coast Road, North Macksville and report to Council if and when legal action is warranted.


 

 

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

Motion:      (Flack/Smyth)

 

That Mrs Kelli Leckie be advised:

 

1        That Council will confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and will consider any drainage measures which may be 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 $100,000.00 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:       (Flack/Smyth)

 

That Council confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and consider any drainage measures which may be reasonable and practicable to alleviate water logging.

 

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

 

140/16 Resolved:        (Flack/Smyth)

 

That Council confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and consider any drainage measures which may be reasonable and practicable to alleviate water logging.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.54 pm. 

 

Confirmed and signed by the Mayor on 31 March 2016.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

          


Ordinary Council Meeting                                                                                                  31 March 2016

General Manager

ITEM 9.1      SF959              310316         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.

As advised at Council’s meeting on 17 March, the question was included in the community satisfaction survey undertaken in 2010.  The result was that 47% of respondents thought the number of Councillors should remain as is; 43% thought the number should be reduced from 9 to 7 whilst 10% were unsure/had no opinion.  Based on this there appears to be no clear cut mood for change in respect of councillor numbers and it is proposed that no further action be taken.

 

 

MARCH 2015

 

7

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

 

8

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

 

9

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

 

10

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.

 

Deferred due to workload of Coordinator Strategic Planning and Natural Resources.

 

11

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

 

12

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

 

13

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

 

14

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.

 

 

15

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

 

16

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

 

17

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.

 

 

 

18

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

 

19

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

 

20

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.

 

21

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

 

Preparation of Policy underway.

 

FEBRUARY 2016

 

22

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

 

23

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

 

24

DA2015/195

25/2/16

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

 

GM

Report to 31 March 2016

 

25

DA2014/198

25/2/16

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

 

GM

Deferred at Council’s meeting of 17 March 2016 to enable assessment of trees requiring removal from the road alignment.  Applicant advised & now awaiting additional information.

 

26

DA2012/11

25/2/16

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

 

GM

Report to 31 March 2016

Deferred to future meeting at request of applicant.

 

27

SF544

25/2/16

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

 

GM

Report to 31 March 2016

Deferred to future meeting at request of applicant.

 

28

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

 

MARCH 2016

 

29

Sf929

17/3/16

Council staff report back on NVTA suggestions and any other suggestions (re VIC at Highway Service Centre) and approach Bellingen Shire Council to determine their interest.

 

GM

Report in April 2016

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                  31 March 2016

General Manager's Report

ITEM 9.2      LF7116             310316         Drainage Issue - 8 Loftus Lane, Nambucca Heads

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council note the inspection of the drainage issue at 8 Loftus Lane, Nambucca Heads

 

 

OPTIONS:

 

There are no real options.  Ms Gillin, on behalf of her client, is unhappy with the advice provided by Council staff and has written to the Mayor and has requested that the matter be referred to all Councillors and that it be added to the Council agenda.

 

 

DISCUSSION:

 

Council has received the attached letter in relation to a drainage issue at 8 Loftus Lane, Nambucca Heads.  The letter makes certain allegations in relation to advice provided by Council staff and inaction by Council staff.  The author of the letter, Ms Anne Gillin requests that her letter be forwarded to all Councillors and the matter be added to the agenda of the next Council meeting.

 

The response from Council’s Assistant General Manager Engineering Services which is referred to in the letter is attached.

 

Comments and works history provided by the Assistant General Manager Engineering Services

 

Council are aware of the stormwater issues surrounding the urban development within Nambucca Heads and the issues that nuisance flooding causes. Loftus Lane is marginally different as it is not as densely developed as other areas.

 

Surrounded by slopes either side, the property located at 8 Loftus Street is situated in a catchment within the depression of two ridges with a natural watercourse that generally traverses the low point at the bottom of these two ridges with a flow of stormwater emanating from the top of the catchment to the west from Glen Sheather Drive.

 

The water course flows from the top of the catchment at Glen Sheather Drive, between Loftus Lane and Rock Street and eventually discharges into Swimming Creek. There is a drainage easement vested with Council within the urban developed residential area of Glen Sheather Drive to a detention basin, then from this point it is a natural watercourse that generally traverses through the properties via the low point of the two ridges From the eastern end of Glen Sheather Drive there is no easement and Council has not maintained the natural water course.

 

In 2012/13 drainage works where undertaken by Council as follows:

 

·    Constructed a concrete discharge apron at the inlet to the detention basin on eastern end of Glen Sheather Drive.

·    Constructed a concrete dish drain to connect three drainage outlet pits in the detention basin.

·    Raised the weir height and installed an additional discharge pipe to the detention basin

·    Installed pipes, pits and box culverts to augment the existing piped road drainage discharging into the watercourse as it crosses lots 11 & 12 Loftus lane.

 

The purpose of the works was to:

 

·    Clean up a large scoured hole where the piped drainage discharged into the detention basin.

·    Improve the function of the detention basin by preventing blocking of the inlets to the discharge pipe.

·    Increase the capacity and discharge rate of the basin to service the entire upstream catchment and hence reduce the frequency of overtopping the weir. This was to benefit landholders downstream of the basin, by regulating the flow in the natural watercourse.

·    Clean up and formalise the discharge of existing piped road drainage onto Lots 11 and 12 in Loftus Lane. Scoured pipe outlets were preventing access to these lots from Loftus Lane.

·    These are the works referred to in the correspondence from the Solicitor on behalf of property owner at No 8 Loftus Street

 

In general the natural watercourse is situated on private land and the dwellings along the water course have generally been built towards the front or rear of the properties above water level within the natural water course.

 

It is not Council’s responsibility to install drainage structures in a natural water course to facilitate greater use of the private land for a property owner. This is evident upstream where a property owner has constructed a drainage channel at their cost to contain the flow to allow further utilisation of their property.

 

A property upstream of 8 Loftus Street is being used as a “rose farm” and has constructed a dam across the natural water course effectively to harvest the stormwater for irrigation purposes, and this in turn acts as a de-facto retention basin slowing the flow of storm water downstream.

 

The owner of 8 Loftus Street and the Solicitor were advised that the drainage works were not listed on any Council current or future drainage programs and the cost of constructing a drainage line was a low priority compared to other higher density urban areas.

 

It is noted that two Council staff members visited the site as a result of a customer request, however, they had no prior knowledge of the drainage works undertaken by Council upstream, that it is a natural water course, or that there are no drainage easements over the properties.

 

 

CONSULTATION:

 

There has been no consultation in the preparation of this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage

 

Economic

 

There are no significant economic implications.

 

Risk

 

The letter from Ms Gillin puts Council on notice that her client will hold Council responsible for any personal injury as a result of the “sinkhole” or any other damage caused by the drainage issues.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no financial impacts.

 

There are engineering solutions to most drainage problems, the question being the cost/benefit of the expenditure.  The solutions pertain to retaining runoff upstream of a site via detention basins and the like or by increasing the diameter of pipes or by a combination of the two.

 

In terms of prioritising the limited funding Council has to attend to drainage issues, the highest priority should be attached to drainage issues which cause inundation of habitable floor space with problems concerning non-habitable floor space and rear yards being of a lower priority.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there is no service level or resourcing/staff implications.

 

 

Attachments:

1

9145/2016 - Request for remedial work

 

2

33318/2015 - Response advising Council cannot assist due to site constraints

 

  


Ordinary Council Meeting - 31 March 2016

Drainage Issue - 8 Loftus Lane, Nambucca Heads

 



Ordinary Council Meeting - 31 March 2016

Drainage Issue - 8 Loftus Lane, Nambucca Heads

 

Enquiries to:       Paul Gallagher

Phone:              6568 0232

Email:                LF7116

Our Ref:            15413:AT

 

 

 

28 October 2015

 

 

Anne Gillin

Solicitor

Nambucca Valley Legal

Po Box 291

NAMBUCCA HEADS  NSW  2448

 

 

Dear Ms Gillin

 

DRAINAGE ISSUES - 8 LOFTUS LANE NAMBUCCA HEADS

 

Council acknowledges receipt of your letter dated 31 August 2015 concerning drainage issues affecting the above mentioned property

 

Mr Anthony Brandie, Council’s Senior Health & Building Surveyor inspected the property and discussed the issues with me following the inspection.

 

The site is naturally low lying and surrounded by steep slopes and we regret to advise that Council is unable to assist with any remedial action due to the site constraints.

 

Yours faithfully

 

 

 

 

Paul Gallagher

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES

 

PG:hl

 

cc      Snr Health & Building Surveyor


Ordinary Council Meeting                                                                                                  31 March 2016

General Manager

ITEM 9.3      DA2015/099      310316         Use of Public Reserve as Asset Protection Zone for Proposed Development

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

Development application DA2015/099 includes a 133 lot subdivision of Lot 1 DP 1119830 – Bellwood Road, Nambucca Heads and is yet to be determined. The applicant has requested to create asset protection zones (APZ) on the adjoining Council owned public reserves and an unmanaged section of the Bellwood Road reserve to in order to satisfy the requirements of Planning for Bushfire Protection 2006 (PBP) which is required to obtain general terms of approval from the NSW Rural Fire Service.

 

The creation of the proposed APZ will require Council to maintain over 2ha of land in perpetuity within vegetation considered by the NSW Office of Environment and Heritage (OEH) to be a habitat corridor for the endangered Yellow-bellied glider. Although further assessment and consultation would need to be undertaken with OEH regarding the full extent of these impacts; the proposed use of public land for the APZ is not considered to be appropriate because:

 

·      It is contrary to Councils ‘Bushfire Buffers on Public Land’ policy which requires new subdivisions to contain APZs wholly within the development site and not offset to neighbouring land/reserves under the management and control of Council or other State or public authority. This will add significant cost and liability to Council without any significant gain.

 

·      Approval for the use of the proposed APZ to the south of the development site will remove any public open space benefit the public land could offer compared to if it were incorporated into the proposal. It is also considered that it will encourage antisocial behaviour and illegal dumping. 

 

·      Given the significance of the existing trees for the movement of Yellow-bellied gliders, management of the reserve to comply with PBP requirements will be more problematic due to the number of trees that would be required to be retained compared to managing a completely cleared site. This will further add to Councils management costs.

 

The purpose of this report is to seek a resolution from Council as to whether or not it will accept the applicant’s proposal to use the community land and road reserve as an APZ and the ongoing maintenance costs. Once a resolution is made Council will be in a position to request further information from the applicant, undertake further consultation with state departments, and refer the application to the Northern Joint Regional Planning Panel for determination.

 

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:

 

1        Permit the proposed subdivision on Lot 1 DP 1119830  to rely on the existing grassed areas managed by Council as part of a plan of management within the adjoining Farringdon playing fields (Lot 76 DP 832082) for the purposes of an asset protection zone.

 

2        Not permit the creation of an asset protection zone within the unmanaged area of Lot 76 DP 832082.

 

3        Not permit the creation of an asset protection zone on Lot 23 DP 790194 or the adjoining Bellwood Road reserve.

 

4        Provide the applicant 60 days to amend development application DA2015/099 by either:

·      Providing amended plans and bushfire report demonstrating that asset protection zones required for each proposed lot in accordance with Planning for Bushfire Protection 2006 will be provided within Lot 1 DP 1119830 and existing managed areas of Lot 76 DP 832082, or

·      Withdraw the development application.

If the applicant has not responded by undertaking one of the above options within 60 days; the development application is to be referred to the Northern Joint Regional Planning Panel for refusal.

 

 

OPTIONS:

 

1          Not support the creation of asset protection zones on public land.

 

2        Support the creation of asset protection zones on public land as requested by the applicant and accept the ongoing maintenance responsibility.

 

Comment from GM

 

The report concerns a significant policy issue concerning the use of Council land as an APZ. There is also a related issue concerning the maintenance of habitat for the Yellow bellied glider.  The developer’s attitude to the recommendation is that he is being “penalised” for previously agreeing to a request from Council (made many years ago) to dedicate a 20m wide vegetated buffer.  This vegetated buffer has now in effect created the requirement for another buffer being an asset protection zone.  But as the report indicates the use of the existing vegetated buffer will require Council to maintain over 2ha of land in perpetuity not to mention the potential conflict of ensuring a non-contiguous tree canopy in habitat which is being used by Yellow bellied gliders.  The Council should undertake an inspection of the site before determining the matter.  Given another DA inspection requirement on the agenda for this meeting it was not possible to schedule an inspection.  It is recommended that the matter be deferred to Council’s meeting on 17 March 2016.

 

 

DISCUSSION:

 

Development application DA2015/099 was lodged on 2 July 2015 and includes a 133 lot subdivision of Lot 1 DP 1119830 – Bellwood Road, Nambucca Heads. A copy of the proposed subdivision plan has been included within attachment 1.

 

The proposed development includes the location of lots 85-107 along the southern boundary of the site which adjoins a vegetated 20m wide public reserve and 20m wide unmanaged road reserve (Bellwood Road). It also includes the location of lots 9-15 adjacent to forest vegetation located within the adjoining public reserve to the north. An aerial photo of the site illustrating the location of the adjoining public reserves and road reserve has been included within attachment 2.

 

The proposed development is reliant on the creation of an asset protection zone (APZ) to be established within the adjoining reserves in order for the development to comply with Planning for Bushfire Protection 2006 (PBP). The NSW Rural Fire Service (RFS) will not grant general terms of approval for the development unless it complies with PBP and development consent cannot be granted unless general terms of approval are received from the RFS.

 

After receiving comments from the RFS and the NSW Office of Environment and Heritage (OEH), which outlined inconsistencies with PBP and potential impacts associated with the proposed clearing for the APZs on endangered species; Council wrote to the applicant on 24 September 2015 requesting the matters raised by the RFS and OEH be addressed. A copy of Councils, RFS and OEH letters have been included within attachment 3. The applicants’ response to this request was received by Council on 3 February 2016 and has been included within attachment 4.

 

The applicant is still proposing that lots 9-15 and 85-107 benefit from an APZ created over the adjoining public reserves (community land) and road reserve and that Council maintain these areas in perpetuity. The purpose of this report is to seek a resolution from Council as to whether or not it will accept the applicant’s proposal to use the community land and road reserve as an APZ and the ongoing maintenance costs.

 

The two proposed APZs within the adjoining public reserves have been addressed separately below.

 

Lots 9-15

The public reserve adjoining the site to the north is the Farringdon Playing Fields. The original bushfire report submitted with the development application identified this land to be managed (no bushfire threat); however, it did not consider the vegetated area within the south-western corner of the playing fields illustrated in attachment 2. In response to Councils request for this area to be considered in an amended bushfire report, the applicant has proposed that a 13m wide APZ within the vegetated area be managed by Council along the rear boundaries of proposed lots 9-15.

 

On 26 February 2015, Council made the following resolution regarding the future use and management of the playing fields:

 

1        Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal to support an amendment to reclassify as operational land all of the land described as Faringdon Fields being Lot 76 DP 832082 with the intention of transferring it to Aboriginal ownership.

 

2        The Planning Proposal and associated material be submitted to the Minister for Planning for Gateway determination and consideration under Clause 56 of the Act.

 

3        Prior to the exhibition of the proposed reclassification, that a Master Plan for the re-establishment of the Faringdon Fields as a natural area be prepared.  The Master Plan is to be prepared in consultation with residents of Marshall Way, the developers of the Faringdon subdivision and the Aboriginal community.

 

4        The preparation of the proposed Master Plan be funded from Council’s Environmental Levy.

 

5        That the General Manager be provided with delegated authority to appoint an independent person to undertake the public hearing for the proposed reclassification.

 

The consequence of revegetating the existing managed playing fields will be that all lots within the proposed development backing onto the playing fields (lots 1-15) will not comply with PBP as a 21m APZ would not be achievable for a future dwelling on those lots. Since Councils resolution, the applicant has lodged a submission to Council objecting to the proposed transfer of ownership and revegetation due to loss of public open space.

 

Given that proposed lots 1-9 currently back onto the managed section of the playing fields and the unknown timeframes for when/if the playing fields will be revegetated and ownership transferred; it is considered reasonable for a 13m wide easement for the purposes of maintaining an APZ to be created over the existing managed sections of the playing fields to benefit lots within the subject development. Such an easement would be created at the time the ownership of the playing fields is transferred and addressed as part of any master plan for the revegetation of the land. Council would not be burdened by any additional maintenance costs as a result of this, there would be no adverse environmental impacts, and the applicant could achieve a higher lot yield.

 

The remaining 8m of APZ will be contained within the proposed allotments to minimise the APZ foot print within the existing playing fields and will be recommended to be a condition of any development consent for the proposed subdivision. Please note that Council has an existing management plan in place for the management of the cleared areas of the playing fields.

 

However, the applicant’s proposal to extend the APZ through the existing unmanaged forest vegetation within the south-western corner of the playing fields is not considered to be appropriate for the following reasons:

 

·           Approval of such an APZ would require Council to amend its existing management plan for the playing fields by increasing the area already managed by Council. This is contrary to Councils ‘Bushfire Buffers on Public Land’ policy which requires new subdivisions to contain APZs wholly within the development site and not offset to neighbouring land/reserves under the management and control of council or other State or public authority. This is to ensure that the liability of maintaining an APZ associated with the private development on land in bush fire prone areas is the responsibility of the developer or successive owners of the land.

 

·           Under section 46 of the Local Government Act 1993, Council is not able to register an easement on community land which gives legal right to adjoining property owners to manage the land as an APZ.

 

·           No assessment has been submitted by the applicant addressing the potential environmental impacts associated with the required vegetation removal.  

 

Having regard to the above, it is recommended that Council permit the use of the currently managed areas of the playing fields as an APZ (consistent with Councils policy) and not permit the establishment of a new APZ within the unmanaged section of the playing fields (contrary to Council’s policy).

 

Lots 85-107

The proposed subdivision requires a 42m APZ for lots 85-107 which are located along the southern boundary of the site. The proposal includes the creation of an APZ within the 20m wide public reserve which adjoins the site to the south (Lot 23 DP 790194) and the 20m wide unmanaged Council road reserve (Bellwood Road) which adjoins Lot 23 DP 790194 to the south. The location of Lot 23 DP 790194 and the unmanaged section of Bellwood Road have been illustrated in attachment 2. The remaining 2m of the required APZ is to be contained within the proposed allotments.

 

The 20m wide public reserve which adjoins the site to the south (Lot 23 DP 790194) was dedicated to Council as public open space in accordance with condition 11 of the development consent for DA1811 (file no S18-1-95) dated 2 February 1989. The reason this condition was imposed was because the 20m wide section of land was zoned 6 (b) (Open Space (Proposed Recreation) Zone) under the Nambucca Local Environmental Plan 1986. The intention of zoning the land and the subsequent requirement for its dedication to Council was for the provision of public open space and the retention of a buffer between future subdivision of the land (such as the subject proposal) and the Aboriginal Reserve to the south of Bellwood Road. 

 

Council accepted the dedication of Lot 23 DP 790194 in lieu of charging monetary contributions for the provision of public reserves and credited 50% of the value of the reserve to offset contributions for future allotments created post determination date.

 

Although the applicant has verbally claimed that the reserve was created for the purpose of a bushfire buffer; this is not consistent with Council records as there is no reference to permitting bushfire management within Lot 23 DP 790194.

 

The proposed use of Lot 23 DP 790194 and the unmanaged section of Bellwood Road as an APZ is not considered to be appropriate for the following reasons:

 

·           The Bellwood Road pavement currently terminates at the rear of proposed lot 88, where it is gated off to prevent vehicular access. West of the gate comprises a narrow unsealed track which navigates thick vegetation before entering the adjoining state forest. The section of Lot 23 DP 790194 and the unmanaged section of Bellwood Road proposed to be used as an APZ for the proposed development have an area exceeding 2ha.

 

          As can be seen in attachment 2, the majority of this section of land has no effect on providing a buffer to the developed section of the adjoining Aboriginal Reserve due to the presence of thick vegetation on the allotments to the south and the developed section of the Aboriginal Reserve being located east of the proposed lots.  Approval for the use of the proposed APZ will remove any public open space benefit the land could offer compared to if it were incorporated into the proposal. This could include the inclusion of a perimeter road adjacent to the reserve; which would result in the reserve being more open and accessible, have houses fronting onto the reserve instead of backing onto it, minimise bushfire risk and disturbance to flora and fauna species, and discourage antisocial behaviour and illegal dumping. 

 

·           The proposed APZ will be over 2ha and will be the responsibility for Council to manage in perpetuity. Such a proposal is in gross contravention of Councils ‘Bushfire Buffers on Public Land’ policy as it will add significant cost and liability to Council without any significant gain.

 

Furthermore, given the significance of the existing trees for the movement of Yellow-bellied gliders, management of the reserve to comply with PBP requirements (maintain grass less than 100mm) will be more problematic due to the number of trees that would be required to be retained compared to managing a completely cleared site. This will add increased management costs to Council.

 

·           Not using the land as an APZ will minimise impacts on the endangered Yellow-bellied glider as referred to in the letter from OEH in attachment 3.

 

·           Under section 46 of the Local Government Act 1993, Council is not able to register an easement on community land which gives legal right to adjoining property owners to manage the land as an APZ.

 

Having regard to the above, it is recommended that Council not permit the use of the public reserve or Bellwood Road as an APZ for the proposed development.

 

Furthermore, given the period in which the application has been with Council (236 days) and that this extended period has been the result of the applicants delay in providing the requested information, it is recommended that Council provide the applicant 60 days to either provide amended plans and bushfire report demonstrating all APZs will be located within the development site or withdraw the application. If the applicant has not responded by either amending the proposal to comply with the above recommendation or withdrawing the application within the 60 day timeframe; the application is to be referred to the Northern Joint Regional Planning Panel for refusal.

 

 

CONSULTATION:

 

NSW Rural Fire Service

NSW Office of Environment & Heritage

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are contrary opinions expressed by the applicants Ecologist compared with those from OEH regarding the impacts of the proposed establishment of APZ on the local occurrence of Yellow-bellied gliders due to impacts on the movement of these species within the area which would require further consultation.

 

However, adopting the recommendations of this report will not impact on this species.

 

Social

 

It is not considered that there will be any significant social impacts as a result of the recommendations.

 

Economic

 

Although there will be a reduction in the potential lot yield of the development site, adopting the recommendations will minimise significant maintenance and potential liability costs associated with the proposed development which is considered to have more weight in assessing the public interest.

 

Risk

 

Adopting the recommendations of this report will minimise the potential liability associated with being required to maintain APZs for adjoining residential land.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendations will minimise the increased maintenance costs associated with the proposed development.

 

Source of fund and any variance to working funds

 

N/A

 

Service level changes and resourcing/staff implications

 

N/A

 

 

Attachments:

1

4672/2016 - Attachment 1 - Plan of Proposed Subdivision

 

2

4670/2016 - Attachment 2 - Location of Reserves

 

3

4669/2016 - Attachment 3 - Council, RFS & OEH Letters

 

4

4668/2016 - Attachment 4 - Applicants Response to Additional Information Request

 

  


Ordinary Council Meeting - 31 March 2016

Use of Public Reserve as Asset Protection Zone for Proposed Development

 



Ordinary Council Meeting - 31 March 2016

Use of Public Reserve as Asset Protection Zone for Proposed Development

 


Ordinary Council Meeting - 31 March 2016

Use of Public Reserve as Asset Protection Zone for Proposed Development

 













Ordinary Council Meeting - 31 March 2016

Use of Public Reserve as Asset Protection Zone for Proposed Development

 










Ordinary Council Meeting                                                                                                  31 March 2016

General Manager

ITEM 9.4      DA2015/195      310316         Proposed Telecommunications Facility

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary: 

 

The proposed development includes the construction of a 45m high telecommunications tower at Lot 2 DP 1039123 - 401 Gumma Road, Gumma. A copy of the statement of environmental effects has been included within attachment 1 and proposed plans in attachment 2.

 

The application has been notified and assessed in accordance with the Environmental Planning and Assessment Act 1979 and subject to the recommended conditions of consent contained within attachment 3, is considered to be consistent with all of the relevant matters for consideration.

 

The development application is being referred to Council for determination because it has been ‘called in’ by Council.

 

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 Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/195 for the construction of a telecommunications facility at Lot 2 DP 1039123 - 401 Gumma Road, Gumma, subject to the schedule of conditions outlined in attachment 3 of this report.

 

OPTIONS:

 

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

(b)        Refuse consent to the development application.

 

 

DISCUSSION:

 

Background

This development application was referred to Councils meeting on 25 February 2016 for determination. At that meeting Council resolved to defer the matter until the meeting on 31 March 2016. Discussion at that meeting included an assertion that the property owners were unhappy about the contractual conditions with the applicant and that Council had not consulted with the Unkya Local Aboriginal Land Council.

 

Council staff have attempted to contact the property owners to seek their advice about the contractual conditions.  As at the date of writing telephone contact with the owners had not been established.  But regardless, they have provided owners consent for the lodgement of the development application.  They can withdraw this consent at any time in which case the development application will become invalid.  In terms of planning law the owner’s opinion of the contract is not a matter for Council, the only pertinent matter being the existence of the owner’s authority on the development application. 

 

Furthermore, in accordance with Part A of the Nambucca Development Control Plan 2010 the application was referred to the Unkya Local Aboriginal Land Council for comment on 1 December 2016. No response has been received.

 

Subject Site

The subject site is located at 401 Gumma Road, Gumma and is legally known as Lot 2 DP 1039123. It is located within the R5 Large Residential and RU2 Rural Landscape zones under the Nambucca Local Environmental Plan 2010. The site is irregular in shape and has a gradual slope towards the east. The site contains an existing dwelling house fronting Gumma Road and vacant land to the rear containing a drainage line and a mixture of open modified pasture and large native trees with a modified understorey.

 

 

Locality Plan

 

Proposed Development

The proposed development Includes:

 

·      The construction of a 45m high grey telecommunications tower with a parabolic dish and three panel antennas.

·      An ancillary infrastructure compound around the base of the tower comprising an 8m x 10m area fenced with 2.4m high chain wire security fencing. The compound will contain the tower and two equipment cabinets on an elevated steel platform.

·      A 10m asset protection zone (APZ) around the tower and equipment cabinets.

·      Vehicular access from the sites frontage to Gumma Road.

·      Installation of underground electricity from Gumma Road to the compound.

 

A copy of the statement of environmental effects has been included within attachment 1 and proposed plans in attachment 2.

 

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

 

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

The application was accompanied by a flora and fauna report. The flora and fauna report indicates that the proposal will result in the removal of five trees, with one being representative of the ‘Swamp Sclerophyll Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner Bioregion’ (EEC).

 

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

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

Conditions have been included within the conditions of consent which will ensure the proposed development is consistent with Planning for Bushfire Protection 2006.

Section 79C(1) In determining a development application a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

 

(a)(i)   The provisions of any environmental planning instrument (EPI)

 

The proposed development is assessed against the relevant clauses of the Nambucca Local Environmental Plan 2010 in the following table:

 

Clause

Complies

Comments

2.3 - Zone objectives and land use table

Yes

The proposed development is permissible with consent and is considered to be consistent with the relevant objectives of the zones because:

·      It will not discourage primary industry production.

·      The presence of telecommunication monopoles has become a regular occurrence within the rural landscape throughout the country in response to the increasing technological advances and expectations of society. As detailed later in this report, sufficient measures have been implemented within the consent to minimise the visibility of the monopole; however, sparsely located structures such as the proposed are common and expected within the rural landscape. As such, it is not considered that the proposal will adversely affect the rural landscape.

·      Given the location of the monopole and the specifications of its operating functions, it is not considered that it will be incompatible with surrounding land uses.

5.5 - Development within the coastal zone

Yes

Subject to the recommended conditions of consent, the proposed development will not result in any significant impacts on the coastal environment because:

·      It will not impede or diminish existing public access to and along the foreshore, with opportunities for new public access not available.

·     The site is considered to be suitable for the proposed development as it will enable the monopole to service the surrounding area while being appropriately located so as to minimise proximity to surrounding dwellings and environmentally sensitive areas. Furthermore, the monopole will be predominantly screened by existing vegetation, will be coloured to blend into the natural environment (grey), it is not a bulky structure, and it is a common structure within the rural landscape.

·      The proposal will not result in any overshadowing on the coastal foreshore or any loss of views from a public place to the coastal foreshore.

·      The monopoles partial screening and colours used will assist in minimising impacts on scenic quality. 

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

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

·      Onsite effluent disposal systems are not proposed.

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

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

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

Yes

The Nambucca Development Control Plan 2010 (NDCP) is the only Development Control Plan applicable to the proposed development. The NDCP does not prescribe for the purposes of clause 5.9 any tree or other vegetation.

7.3 – Flood Planning

Yes

The proposed tower and compound will be located above the 3.48AHD FPL; although the proposed access track will cross an area below the FPL. However, given the infrequent occupation of the development and the low hazard risk; it is not considered that it is inconsistent with the flood hazard of the land, will not significantly adversely affect flood behaviour, will not pose significant risk to human life, will not result in any adverse environmental damage, and will not result in unsustainable social or economic impacts on the community.

7.4 - Public utility infrastructure

Yes

Power will be extended to serve the development.

7.6 - Earthworks

Yes

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

 

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

 

State Environmental Planning Policy

Complies

Comments

SEPP 44 - Koala Habitat Protection

Yes

Having regard to the submitted flora and fauna report, the site is not considered to be potential koala habitat. As such, in accordance with clause 8, Council is not prevented by this policy from granting consent to the development application.

SEPP 55 - Remediation of Land

Yes

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

SEPP 62 - Sustainable Aquaculture

Yes

It is not considered that the proposed development will result in any adverse effects on oyster aquaculture development or a priority oyster aquaculture area because of the sites location from any of these areas, with earthworks and stormwater flows resulting from the development being appropriately managed by conditions of consent.

SEPP 71 – Coastal Protection

Yes

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

SEPP (Infrastructure) 2007

Yes

In accordance with clause 115, the proposal is considered to be consistent with the relevant principles within the ‘NSW Telecommunications Facilities Guideline Including Broadband, July 2010’ as follows:

Principle 1: For any telecommunications monopole to be effective, it must extend above the surrounding landscape in order to provide coverage to the area. With this in mind, it is considered that the proposed development has been located and designed to respond appropriately to the rural landscape setting through its separation from surrounding residences (min 150m) and predominant screening by existing vegetation from surrounding dwellings. Furthermore, the ancillary facilities will be screened from the surrounding area by existing and conditioned landscaping, there are no heritage items on the land, the proposed tree removal is considered satisfactory, and a condition has been included within the consent requiring the facility to be removed when no longer in use.

Principle 2: The applicant has adequately demonstrated that the proposed telecommunications facility cannot be collocated with other structures as there are no other facilities located in the vicinity with the required position, height or structural stability that are potentially capable of providing wireless radio services to the locality.

Principle 3: The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) is the Commonwealth body charged with the responsibility for establishing standards that protect the health and safety of the community. ARPANSA has established a radiation protection standard specifying limits for general public exposure to radio frequency transmissions at frequencies used by wireless base stations. The Australian Communication and Media Authority (ACMA) mandates the exposure limits of the ARPANSA standard.

An Electromagnetic Energy (EME) Environmental Report has been submitted with the development application which demonstrates that the proposed development will comply with the ACMA limits for electromagnetic radiation exposure levels. The report indicates that the proposal will not exceed more than 0.1% of the maximum exposure limits.

Principle 4: The application was referred to CASA regarding the location and height of the development in relation to any impact on airspace. CASA responded with no objections subject to the structure being reported to the air force (conditioned).

Furthermore, given the site is not within 30km of an airport, a condition has been included within the consent requiring a report to be submitted demonstrating compliance Civil Aviation Regulations prior to the issues of a CC.

The applicant has stated that the development will be designed to create no electrical interference with other radio based systems and will be installed in accordance with relevant manufacturer’s specifications. Furthermore, the development will be located within the boundaries of the property, adequate erosion and sedimentation controls have been conditioned, it will be securely fenced, work hours have been conditioned, and there will be limited impacts to flora and fauna species through minimal disturbance to the site.

 

(a)(ii)    The provision of any draft environmental planning instrument (EPI)

 

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

 

(a)(iii)   The provision of any Development Control Plan

 

The proposed development is assessed against the relevant clauses of the Nambucca Development Control Plan 2010 in the following table:

 

Part

Complies

Comments

Notification and advertising (Part A)

Yes

The application was notified and advertised in accordance with Part A of the DCP. 8 submissions were received.

Environmental context (Part A)

Yes

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

Car Parking (Part C)

Yes

This part does not specify minimum parking requirements for the development. However, given the size of the site and the proposed use, it is considered that there is sufficient room on site for the parking of all vehicles associated with the development.

Given the increased usage of the existing entrances, a condition has been included within the consent requiring the northern entrance to be sealed (currently grassed).

Sediment and erosion control (Part D)

Yes

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

Rural and environmental development  (Part F)

Yes

The proposal is not considered to be contrary to any provision of this part.

Waste Minimisation And Management (Part N)

Yes

Conditions have been recommended to be included within the consent regarding the management of waste during construction.

 

 

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

 

There are no planning agreements applying to the subject site.

 

(a)(iv) Any Matters prescribed by the Regulation

 

There are no matters prescribed by the regulation.

 

 

Complies

Comments

Clause 92(1) (a) - For the carrying out of development on land to which the Government Coastal Policy applies, the provisions of that Policy.

Yes

Matters for consideration to implement the NSW Coastal Policy are provided in Clause 5.5 (Development within the coastal zone) under the NLEP 2010. These are similar to Clause 8 (Matters for Consideration) under SEPP 71. It is considered that the matters for consideration under Clause 5.5 of the NLEP 2010 and Clause 8 of SEPP 71 have been satisfactorily addressed, therefore, satisfying the requirements of the NSW Coastal Policy.

 

(a) (v) any coastal zone management plan

 

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

 

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

 

Issue

Comments

Context and Setting

As mentioned earlier in this report, for any telecommunications monopole to be effective, it must extend above the surrounding landscape in order to provide coverage to the area. Furthermore, the presence of telecommunication monopoles has become a regular occurrence within the rural landscape throughout the country in response to the increasing technological advances and expectations of society.

Having regard to the above, it is considered that the proposed development has been located and designed to respond appropriately to the rural landscape setting through its separation from surrounding residences (min 150m), natural colouring of the monopole, and positioning out of any prominent view corridors obtained from surrounding properties or public places due to the location of existing vegetation screening which minimise the towers visibility.

A plan demonstrating the extent of the visual impacts of the development on the surrounding area has been included within attachment 5. Having regard to the proximity of dwellings from the development, their orientation, and vegetation screening; it is considered that the tower will be most visible from the dwellings at numbers 398 and 399 Gumma Road.

Although a maximum of 20m of the tower will be visible from 398 Gumma Road, it will be located over 240m from the dwelling and contains existing and proposed vegetation screening which will continue to mature to further reduce its visibility in the future.

Consideration was given to the relocation of the tower further north-west on the subject site so that the tower would be screened from view from the dwelling at 399 Gumma Road by the existing 20-30m high vegetation on that property. However, any relocation on the development site could only achieve a total screening of the tower from half of the living areas and would make it more prominent from the remaining areas of the property due to the screening trees being smaller than the existing 15-20m tree that will minimise its visibility.

Although there would be increased environmental impacts associated with relocating the tower north-west, such impacts would be minor and are not considered to have any significant effects on threatened species, populations, communities or their habitats. As such, Council could condition the relocation if it considered it to be more appropriate. However, it is considered that the tower will be less visually prominent in its proposed location when viewed from number 399.

Electromagnetic Energy (EME)

The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) is the Commonwealth body charged with the responsibility for establishing standards that protect the health and safety of the community, including the Radiation Protection

Standard. ARPANSA states that the standards which protect people from EME exposure do not set any distances between mobile base station locations and areas which may be considered to be sensitive because arbitrary distances do not necessarily reflect a precautionary approach.

 

The Radiation Protection Standard 2002 prescribes ‘fundamental limits designed to ensure that known health effects do not arise from exposure to radiofrequency fields.’

The considered scientific opinion about possible health effects from the proposed development is that ‘the weight of national and international scientific opinion is that there is no substantiated evidence that radio frequency emissions associated with living near a mobile phone base station or telecommunications tower poses a health risk’.

The above originates from the Australian Radiation Protection and Nuclear Safety Agency and the Committee on Electromagnetic Energy Public Health Issues Fact Sheet No.9 – What about base stations and telecommunications towers – are there any health effects?

 

ARPANSA has undertaken a number of surveys of environmental radiofrequency EME levels arising from mobile phone base station antennas. The most recent ARPANSA coordinated survey was undertaken in 2007–08. Results show that actual measured values, including ‘cumulative’ effect were much lower than levels permitted by the Radiation Protection Standard. As outlined earlier in this report, the proposed telecommunications facility will not exceed more than 0.1% of the maximum exposure limits.

 

Reference is also made to Telstra Corporation Limited v Hornsby Shire Council 2006 148 LGERA 124. This case dealt with the application of the precautionary principle in the case of emission of radiofrequency EME. Telecommunications carrier, Telstra, proposed to address inadequate mobile coverage in the suburb of Cheltenham by building a mobile base station. Council refused the application and Telstra appealed to the Land & Environment Court of NSW and the Court upheld the appeal.

Access, Transport and Traffic

Subject to the conditions of consent, sufficient access is available for the proposed development.

Utilities

Electricity will be extended to the site, with the proposal resulting in greater telecommunication coverage within the locality.

Heritage

In accordance with the Due Diligence Code of Practice, there are no relevant confirmed site records or other associated landscape feature information on AHIMS, no other sources of information of which a person is already aware, and the development will not impact on any landscape features that are likely to indicate the presence of Aboriginal objects.

Soils

Conditions requiring the installation and maintenance of erosion and sedimentation controls have been included within the consent.

Flora and Fauna

It is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats.

Waste

The storage and disposal of waste during construction included within the consent.

Noise and Vibration

Construction hours and operational noise has been conditioned.

Natural Hazards

Sufficient access and APZ has been conditioned as part of the consent.

Social Impact in the Locality

Having regard to the above and subject to the conditions of consent, it is not considered that the proposed development will result in any significant social impacts on the locality.

Economic Impact in the Locality

Considering the extent of social impacts posed by the development it is not considered that it will result in any negative economic impacts on the locality.

 

(c)      The suitability of the site for the development

 

As outlined above, given the scientific support regarding the negligible impacts of EME on surrounding residences, sufficient separation, location of the development out of primary view corridors and minimal impacts on the natural environment; it is considered that the site is suitable for the proposed development.

 

d)       Any submissions made in accordance with this Act or the Regulations

 

8 submissions were received during the notification of the development application with the following matters raised:

 

Summary of Matters Raised

Reporting Officers Comment

Environmental impacts. Denigration of an environmentally sensitive area. A satisfactory environmental assessment has not been undertaken.

Having regard to the submitted flora and fauna report which was undertaken by a suitably qualified person, the minimal disturbance to the site and recommended conditions of consent; it is not considered that the proposal will result in any significant impacts on the environment.

There is discrepancy regarding the development location. The mock up pictures of the site show a large gum tree which is no longer there.

The location of the development is as per the submitted plan which was made available during the public notification period.

Previous plans provided to the public as part of the applicants’ consultation prior to lodging the DA are not a consideration for Council as they do not form part of the application.

Concerns regarding disturbance to surrounding properties as a result of the additional infrastructure and underground power.

Surrounding properties will not be physically disturbed during the construction/operation of the development. Conditions have been included within the consent regarding construction hours and operational noise to minimise any impacts on the surrounding area.

Appropriate cultural assessment has not been undertaken.

In accordance with the NSW Due Diligence Code of Practice, there are no relevant confirmed site records or other associated landscape feature information on AHIMS, no other sources of information of which a person is already aware, and the development will not impact on any landscape features that are likely to indicate the presence of Aboriginal objects.

One of the benefits of living in this area is that there is low density development.

The proposed development will be located over 150m from surrounding dwellings which is consistent with the low density character of the area.

The tower will open opportunities for additional development such as mobile tower increasing the potential impacts of radiation to the community.

The tower will create the opportunity for mobile phone providers to co-locate antennas on the proposed tower. Statutory provisions are in place (as addressed above) which require Telco providers to co-locate services on existing towers before constructing new ones.

 

Future co-location will increase future mobile phone coverage in the area and will be required to be below the EME emission limits set by the ARPANSA standard; in the same way the proposed development is (0.1% of emission limit).

The tower will not be visually compatible with the surrounding area.

As discussed above, due to the separation and screening of the development from surrounding dwellings; it is not considered that the proposal will result in any adverse visual impacts.

Value of properties and future ability to sell

As outlined earlier in this report, it is not considered that the proposal will result in any adverse impacts on the social or natural environments. Having regard to this, it is not considered that the proposal will adversely impact the value of properties within the locality.

The proposal would be better suited away from residences.

Section 3.4 of the submitted statement of environmental effects addresses alternate sites considered as part of the applicants’ preparation of the development application.

 

After discussing this matter further with the applicant, it became evident that alternate sites further south of 462 Gumma Road or east of the development site would either require the construction of an even larger tower within closer proximity to dwellings than the proposed site or would not be viable due to topographic conditions.

 

Having regard to the above, that the proposed location will provide greater separation from surrounding dwellings than most other locations which are viable within the area, and that the expected impacts of the proposal are not considered to be significant enough to warrant refusal; it is not considered that requesting the applicant to relocate to an alternate site is reasonable.

 

(e)     The public interest

 

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

 

 

CONSULTATION:

 

CASA – The application was referred to the Civil Aviation Safety Authority (CASA) who responded with no objections subject to the structure being reported to the air force.

 

Public Consultation - The application was notified and advertised in accordance with Part A of the DCP.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

As outlined earlier in this report, it is not considered that the proposal will have any adverse impacts on the environment subject to the recommended conditions of consent.

 

Social

 

As outlined earlier in this report, it is not considered that the proposal will have any adverse social impacts subject to the recommended conditions of consent.

 

Economic

 

As outlined earlier in this report, it is not considered that the proposal will have any adverse economic impacts subject to the recommended conditions of consent.

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

N/A

 

Source of fund and any variance to working funds

 

N/A

 

Service level changes and resourcing/staff implications

 

N/A

 

Attachments:

1

5108/2016 - Attachment 1 - Statement of Environmental Effects and Proposed Plans

 

2

5107/2016 - Attachment 2 - Proposed Plans

 

3

5106/2016 - Attachment 3 - Recommended Conditions of Consent

 

4

5104/2016 - Attachment 5 - Visual Impact Plan

 

5

5103/2016 - Attachment 6 - Public Submissions

 

  


Ordinary Council Meeting - 31 March 2016

Proposed Telecommunications Facility

 































































Ordinary Council Meeting - 31 March 2016

Proposed Telecommunications Facility

 





Ordinary Council Meeting - 31 March 2016

Proposed Telecommunications Facility

 

ATTACHMENT 3 - RECOMMENDED CONDITIONS OF CONSENT

 

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 TBC, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title

Dwg No

Prepared by

Dated

Overall Site Plan

2MAC-51-07-GUMM-C2

Aurecon

11/11/15

Site Set Out Plan

2MAC-51-07-GUMM-C3

Aurecon

11/11/15

Site Elevation and Details

2MAC-51-07-GUMM-C4

Aurecon

11/11/15

Site Elevation and Details

2MAC-51-07-GUMM-A1

Aurecon

11/11/15

 

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.

 

Removal of Development

 

2.       In the event the development is not required to be operational, it must be removed and the site restored to its predevelopment condition.

 

Noise Control

 

3.         The LAeq noise level emitted from the development shall:

(a)    Not exceed 5dB(A) above the background noise level (LA90), between 7am and 10pm on any day, when measured at the boundary of the premises and in the absence of the noise source under consideration.

(b)   Not exceed the background noise level (LA90), between 10pm and 7am on any day, when measured at the boundary of the premises and in the absence of the noise source under consideration.

            Measurements are to be carried out in accordance with the NSW Industrial Noise Policy and corrections are to be made to the above criteria for intermittent, tonal, impulsive and low frequency noise.

 

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

 

Airspace

 

4.       Prior to the issue of a construction certificate a report must be submitted to Council showing:

 

·      Compliance with any relevant site and height requirements specified by the Civil Aviation Regulations 1988 and the Airports (Protection of Airspace) Regulations 1996 of the Commonwealth, and

 

·      That it does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority Australia.

 

Note: See the Advisory Circular 139-08(0) entitled Reporting of Tall Structures issued by the Civil Aviation Safety Authority Australia in 2005 concerning this condition.

 

 

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

Construction Certificate

 

5.         The erection of the building the subject of this development consent MUST NOT be commenced until:

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

(i)        the Council, or

(ii)        an accredited certifier, and

 

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

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

(ii)       Notified Council of the appointment, and

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

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

 

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

 

Consent Granted For Works within the Road Reserve

 

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

 

Work

Standard to be provided

Sealed Dual Driveway Entrance

The existing dual driveway entrance serving the subject land and the adjoining Lot 1 DP 1039123 is to be sealed in accordance with Council’s rural driveway standards, from the edge of the Gumma Road bitumen seal to 3 metres within the subject land boundary and to the frontage of Lot 1 DP 1039123.

 

Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993.

 

Reporting of Structure

 

7.         The construction of the proposed tower is to be reported to the Aeronautical Information Service (AIS) of the Royal Australian Air Force (RAAF) in accordance with the Civil Aviation Safety Authority circular 139-08 reporting of tall structures.

 

Note: The report can be made at the following website https://www.raafais.gov.au/frame.htm?obstr_form2.htm.

 

Erosion & sediment measures

 

8.       Erosion and sedimentation controls are to be in place in accordance with the Managing Urban Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009. Particular attention is to be given to the provision of the following sediment and erosion control measures:

 

a        Temporary driveway from the edge of road to the building site;

b        Temporary downpipes immediately that the roof has been erected;

c        Silt fence or sediment barrier.

 

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

 

Erection of Signs

 

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

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Building Code of Australia

 

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

 

Construction times

 

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

 

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

 

Approved Plans to remain on site

 

12.     A copy of the approved Construction Certificate including plans, details and specifications must remain at the site at all times during construction.

 

Builders rubbish to be contained on site

 

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

 

Maintenance of sediment and erosion control measures

 

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

Shoring and Adequacy of Adjoining Property

 

15.        If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a)        Protect and support the adjoining premises from possible damage from the excavation, and

(b)   Where necessary, underpin the adjoining premises to prevent any such damage.

Discovery of a Relic

 

16.        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 ARE TO BE COMPLIED WITH PRIOR TO OCCUPATION OF THE BUILDING

 

Occupation Certificate

 

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

 

Works to be completed

 

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

 

External Colour

 

19.       External building materials are to incorporate the use of a muted, natural grey colour that will blend with, rather than stand out from, the landscape.

 

Landscape Buffer

 

20.        Prior to occupation/commencement of use of the development, provide a 10m wide landscaped buffer across the site in the location illustrated on the approved plans. The landscape buffer is to be planted with advanced stock (2-3 years old) and incorporate native species including trees capable of achieving mature heights of at least 25-30m and understorey vegetation capable of achieving heights of 1.5-3m.

            Details of selected plant species are to be submitted to Council.

The landscape buffer is to be maintained for the life of the development.

Advice: It is recommended that Council is consulted to determine compliance with the above condition prior to the commencement of planting.

 

Electromagnetic Emissions

 

21.     Prior to the commencement of use of the development the following must be submitted to Council:

 

·      A report in the format required by the Australian Radiation Protection Nuclear Safety Agency that shows the predicted levels of electromagnetic energy surrounding the development comply with the safety limits imposed by the Australian Communications and Media Authority and the Electromagnetic Radiation Standard, and

 

·      A report showing compliance with the Australian Communications Industry Forum Industry Code entitled CIF C564:2004 Deployment of Mobile Phone Network Infrastructure.

 

Bushfire Protection

 

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

(a)    Asset Protection Zones

At the commencement of building works and for the life of the development, the land for a distance of 10m around the development shall be managed as an inner protection area as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones’.

(b)   Utilities

Electricity supply is to comply with Section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

(c)    Access

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

 

Damage to Council’s Infrastructure

 

23.     Where any damage occurs to Council’s infrastructure during construction, the principal contractor shall replace or make good the damaged infrastructure before the occupation certificate is issued.

 

REASONS FOR CONDITIONS

 

·      To ensure that the proposed development:

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

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

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

 

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

 

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

 

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

 

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

 


Ordinary Council Meeting - 31 March 2016

Proposed Telecommunications Facility

 


Ordinary Council Meeting - 31 March 2016

Proposed Telecommunications Facility

 













Ordinary Council Meeting                                                                                                  31 March 2016

General Manager's Report

ITEM 9.5      SF2173            310316         Outstanding DAs greater than 12 months OR where submissions received - 9 March - 22 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 regarding impact of removal of trees to come to Council

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:  Amended plans submitted – adjoining owners re-notified. Submissions close 4 April 2016

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

2016/027

12/02/2016

Retail & Multi-dwelling Housing

 

Lot 91 DP 800950, 66 Waratah Street, Scotts Head

Six submissions have been received – it opposes the development

·           View loss, overshadowing, building exceeds height limit

·           Rubbish bins to be stored under bedroom window of adjoining property.

·           Out of character with the area

·           Will increase traffic during and after construction

·           Shops will be lost

·           Concerns for pedestrian safety

·           Parking problems as caravan park is already over-developed

·           Bulk and scale too much

·           Additional pressures on water and sewerage

·           May damage nearby buildings during construction

STATUS: Being assessed – additional information required from applicant

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  31 March 2016

General Manager

ITEM 9.6      SF1031            310316         Review of Donations Policy

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

A review of the Donations Policy, last adopted on 27 September 2012, has been done to reflect an adjustment to process of review of applications for Section 356 donations by Council.

 

This review aimed to reduce time involved in the review of applications, for both Councillors and staff, whilst still adhering to legislation.

 

This was previously reported to Council at its meeting of 25 February 2016 and the following resolutions were adopted:

 

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.

 

As at 23 March 2016 there have been no comments or submissions received.

 

 

Recommendation:

 

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

 

 

 

OPTIONS:

 

1        Council may choose to adopt the reviewed Policy without any comments or submissions.

 

2        Council may choose not to accept the reviewed Policy and to keep the current Policy without changes.

 

 

DISCUSSION:

 

Section 356 donations are called for annually by Council.  Under the current policy all the applications received are given to all Councillors to be ranked in order of preference. The Grant’s Officer then prepares a recommendation based on the rankings provided by Councillors.   While this procedure seems fair and reasonable it has failed in practice and last year the Grants Officer had little choice but to simply collate the applications into a single report for Council’s consideration.  It is recommended that Policy be amended to reflect the current practice.

 

The above procedure aims to allocate 80% of the budget for donations.  The remainder of the budget is available for the Mayor and General Manager to distribute to applicants that apply on an ad-hoc basis during the year.  Council has traditionally donated $50 to each of the Nambucca Shire’s fourteen (14) schools, for annual presentation days, it is recommended that  the Policy be amended to specifically include these donations.  This will relieve each school from having to formally apply on an annual basis.

 

The attached reviewed Policy is set out noting the changes in red and the removed wording with a line through it.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager – Corporate Services

Manager Financial Services

Grants Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental impact identified.

 

Social

 

The reviewed policy identifies a consistent approach to determining applications for Section 356 donations from Council.

 

Economic

 

The reviewed Policy means lessening reporting time for both Councillors and staff and provides an advertising date for the donations policy more consistent with review of the budget each year.

 

Risk

 

No risk identified.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on the current or future budgets.

 

Source of fund and any variance to working funds

 

There is no variance to the allocation of donations funding.

 

Service level changes and resourcing/staff implications

 

Adoption of the reviewed Policy is likely to result in a positive effect on both service levels and resourcing.

 

Attachments:

1

5556/2016 - Review of Donations Policy - February 2016

 

  


Ordinary Council Meeting - 31 March 2016

Review of Donations Policy

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

 (REVIEWED) POLICY

DONATIONS

(CHARITABLE AND OTHER)

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0       Policy objective

 

1.1     To provide clear guidelines for the management of financial donations made by Council.

 

1.2     To allocate financial assistance funds in an equitable and appropriate manner

 

1.3     To provide in-kind assistance to local not for profit organisations and events.

 

2.0       Related legislation

 

·        Section 356 Local Government Act 1993

·        Local Government and Planning Legislation Amendment (Political Donations) Act 2008

 

3.0       Definitions

 

3.1       Council may, in accordance with a resolution of Council, contribute money or otherwise grant financial assistance to persons or organisations for the purpose of exercising its functions.

 

3.2       A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this Section until at least 28 days’ public notice of Council’s proposal to pass the necessary resolution has been given.

 

4.0       Strategies

 

4.1       During the management planning process each year Council allocates funds for Section 356 Financial assistance.  To optimise the benefit of these funds in the community, funds are allocated in accordance with the strategies, eligibility and selection criteria outlined in this Policy.

 

4,2       Each year Council will allocate an amount in its annual budget for Section 356 Financial Assistance.

 

4.3       In August/September February each year Council will advertise and call for applications from individuals/groups/organisations for financial assistance from Council in accordance with the requirements of Section 356 of the Local Government Act.  The advertisement will advise the deadline for applications, which will be no less than 28 days from the first date of publication.


 

 

4.4       All applicants will be made aware that there are limited funds available in Council’s Operational Plan, as outlined in Council’s advertisement calling for applications.

 

4.5       All applicants will be required to complete an application in the approved form, which will include a brief description of the organisation, the organisation’s viability, the purpose of the funding request and the need to be accountable for any funds provided.

 

4.6       The above process will occur only once in each financial year and allocation of funds is at Council’s discretion.  The funds allocated as part of this process will be 80% of the total allocation for the respective year.

 

4.7       A report will be included in the Business Paper identifying each application and the funds applied for at Councillors will receive copies of each application prior to the Meeting at which the annual allocation of Section 356 Financial Assistance is considered.

 

4.8       Each Councillor is to rank applications should be considered on their which they consider deserve funding in order of merit, and indicate the amount of financial assistance they consider should be allocated to each application.  Councillors may indicate that particular applicants should receive an amount of funding from 100% of the amount requested, to nil, must base based on their assessment of the each application, in accordance with the requirements of the Act and the selection criteria outlined in this Policy.  Council may choose to fund, part fund or not fund each application.

 

4.9       Staff will then collate the results, average the rankings and recommended allocations, and prepare a report to Council advising of the collective recommendations.  Applications will be funded in accordance with the collective recommendations resolutions of Council Councillors, to the limit of the advertised donation budget, being 80% of the total allocation for the respective year. and the funds allocated from the top of the order of merit/ranking downwards, until the budget allocation is fully committed.

 

4.10     Section 356 Financial Assistance allocations are to be approved by resolution of Council.

 

4.11     Funds are to be made available to groups at the commencement of the new financial year (July).

 

4.12     Financial assistance is available to non-profit organisations which provide a community service within the Nambucca Valley; that service should assist Council exercising its functions.

 

4.13     Financial assistance will only be provided to applicants who act for private gain, in exceptional circumstances, and then only strictly in accordance with the requirements of the Act, including 28 days public notice.

 

4.14     Assistance with funding for events is subject to another process; accordingly, funding relating to the conduct of events will only be funded under Section 356 contributions if they are one off community based events that provide a social benefit to the community.

 

4.15     Groups who receive funding will be required to show proof of expenditure for the purpose nominated within twelve (12) months and whether the objectives of the funding were met, by completion the Evaluation of Grant and Financial Report form.  Groups who fail to comply will not be considered for further funding.

 


5.0       Selection Criteria

 

In ranking applications and making recommendations of the amount of financial assistance that should be allocated to applications, Council should:

 

i  Consider how each project will assist Council exercise its functions.

 

ii  Consider the impact each project will have on the community or on disadvantaged groups within the community.

 

iii Consider the number of potential beneficiaries from the proposed project or service.

 

iv          Where the project has a smaller number of potential beneficiaries from the proposed project or service, consider the relative disadvantage of that group of people (eg low income, youth, Aboriginality, rural or social isolation, disability, etc).

 

v Consider the availability of other funding sources.

 

vi          Consider resources/projects availability to the general community.

 

vii          Consider the equity of support to groups across the area.

 

viii         Consider whether or not the applicant has received Section 356 Financial Assistance in previous years.

 

ix          Include consideration of whether requirements for previous funding have been met.

 

6.0       Process for the Balance of Funding (20%)

 

The allocation of the remaining balance of the Section 356 allocation each year will be determined by the Mayor and General Manager in response to requests and applying the criteria set down in this policy, and this will include an annual donation of $50 to each of the Nambucca Shire’s fourteen (14) schools, as listed below, for annual presentation days. This money will be allocated in July of each year.

 

Nambucca Shire Council Schools

Bowraville Central School

Eungai Public School

Frank Partridge VC Public School

Macksville Adventist School

Macksville High School

Macksville Public School

Medlow Public School

Nambucca Heads High School

Nambucca Heads Public School

Nambucca Valley Christian Community School

Scotts Head Public School

St Mary’s Primary School

St Patrick’s Primay School

Tallowood Steiner School


Ordinary Council Meeting - 31 March 2016

Review of Donations Policy

 

 

7.0       Photocopying

 

Council provides a photocopying service for not for profit and community based service organisations with the Nambucca local government area.  Council will undertake copying of up to 1,000 double sided A4 pages twice per annum at no cost provided the organisation gives Council the necessary photocopy paper at a specification which meets the requirements of Council’s copier.  This copying will be in black and white only.  No colour copying to be provided.

 

 

 

Department:

 

Last Reviewed

Resolution Number

Author:

Monika Schuhmacher

Teresa Boorer

 

Document No.

6416/2011

 

 

First Adopted:

27 September 2012

 

 

Resolution No:

 

 

 

Review Due:

 

 

 

 

 


Ordinary Council Meeting                                                                                                  31 March 2016

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1120            310316         Grant Application Status Report

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

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

 

 

RecommendationS:

 

That Council receive the list of grant applications to 23 March 2016, and the list of current grant funding available from Council’s new Grants Calendar.

 

 

 

Successful grant applications (ACTIVE PROJECTS):

 

Grant and date of approval

Funding Amount

Amount Council

Description

OEH Floodplain Management Grant

Closed 21 March 2013

$90,000

$45,000

(Enviro  Levy)

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

OEH Coastal Management Grant

Closed 13 March 2014

 

$91,000

$91,000 (EL)

Nambucca Heads SLSC Protection Works

OEH Estuary Management Grant

Closed 13 March 2014

 

$50,000

$50,000 (EL)

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

Environmental Trust Restoration and Rehabilitation Grant

Closed 19 September 2014

 

$86,160

$23,060 (in-kind)

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

Indigenous Advancement Strategy – Nambucca Valley Sport and Wellbeing Program

 

$154,442

NA

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

Department of Trade and Investment – Crown Lands

Rescuing Our Waterways

Closed 15 December 2014

$10,000

$10,000 (EL)

Shoaling Strategy/Study for the Lower Nambucca River Estuary

Primary Industries – Fish Habitat Action Grant

Closed 19 September 2014

 

$40,000

$35,000 (EL)

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

Department of Infrastructure and Regional Development National Stronger Regions Fund

Closed 28 November 2014

 

$241,340

$241,340

South Nambucca Sewerage Infrastructure Installation

FRRR – Repair, Restore, Renew 2013

Closed February 2015

 

$3,098

N/A

Train Up – Essential Equipment for Volunteer Training

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

 

$7,500

$7500 (TBC)

Provision of Heritage Advisory Services


 

GRANT AND DATE OF APPROVAL

FUNDING AMOUNT

AMOUNT COUNCIL

DESCRIPTION

Transport for NSW – Community Transport

 

$12,000

In-kind only

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

Primary Industries – Fish Habitat Action Grant

Closed 19 September 2014

 

$40,000

$35,000 (EL)

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

Office of Local Government Responsible Pet Ownership Grant

Closed September 2015

$15,000

$15,000

Desexing, vaccination and microchipping of companion animals – Round 2

Office of Environment and Heritage Estuary Management

$43,500

$43,500 (EL)

Nambucca River – Bank stabilisation and restoration

Office of Environment and Heritage Coastal Management

$82,150

$32,150 (EL) $50,000 (Local Land Services)

Nambucca EcoHealth Monitoring Programme

Office of Environment and Heritage Coastal Management

$85,000

$50,000 (EL) $25,000 (NSW Coastal Holiday Parks Trust) $10,000 (Local Land Services)

Scotts Head Headland Coastal Hazard Reduction

Office of Environment and Heritage Coastal Management

$10,000

$10,000 (EL) $10,000 (Local Land Services)

Valla Crown Reserve (Valla Beach) Endangered Ecological Community Restoration – Weed Management & Revegetation

 

SUCCESSFUL APPLICATIONS IN THIS QUARTER:

 

Grant and Date of Notice

Amount

Amount - Council

Description

 

Department of Infrastructure and Regional Development

Stronger Communities Programme

Closed 9 October 2015

$8,450

 

 

 

$2669 (Cash -Council)

$500 (in kind Council)

$1863 (in kind CoM)

 

 

 

Argents Hill Hall Amenities Upgrade

 

 

$5268

$5268 (Cash – CoM)

Nambucca Valley Community Arts Centre Solar Panels

 

$15,000

$12850 (Cash CoM)

$1500 (in kind CoM)

$1500 (in kind Lions)

Valla Beach Sun Shade

 

$10,019

$3819 (cash CoM)

$1200 (in kind CoM)

 

Utungun Hall Outdoor Space on the Green

 

Community Building Partnership Programme – Dept of Family & Community Services

 

$13,695

$13,695 (cash CoM)

 

Sun shade at Anderson Park Valla Beach Community Association

 

Fish Habitat Grant (Large)

 

$40,000

$44,450 (in-kind and EL)

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

 

Total

$92,432

 

Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

National Stronger Regions Fund – Round 3

Closed 15 March 2016

$3,000,000

$3,800,000

Infrastructure – roads, water & sewerage to Valla industrial area

National Stronger Regions Fund – Round 3

Closed 15 March 2016

$500,000

$500,000

Upgrade Macksville CBD – Stage 1 – Dawkins Park

NSW Community Safety Fund Grant – NSW Dept of Justice

Closed 22 January 2016

$24,000

$2,000 (cash NSC)

EJ Biffin Fields Nambucca Heads – fencing to secure clubhouse and amenities building

Department of Social Services Volunteers Grants

Closed 9 December 2015

Various

Not applicable.

Argents Hill Hall CoM ($TBC)

Nambucca District Band ($4669)

Utungun Entertainers ($4168)

Donnelly Welsh Playing Fields CoM ($5000)

Talarm Hall CoM ($TBC)

 

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

Closed 12 November 2015

 

$21,900

NA

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

Puppet parade for Scotts Head Festival 2016

Crown Lands

Public Reserves Management Fund

Closed 10 April 2015

$29,040

NA

Weeds on Crown Reserves 2015

 

Unsuccessful applications in this period:

 

Funding Body

Amount

Amount - Council

Project Name

Community Building Partnership Programme – Dept of Family & Community Services

 

$18,951

$18,951

Bellwood Park Playground Equipment and landscaping

Bridges Renewal Program

Closed August 2015

$512,600

$512,600

Replacement of Lanes Bridge, Bowraville, with concrete bridge

 

NOTES

 

Assistance given to Burrapine Hall Committee of Management with FRRR Small Communities Grant application and meetings held with various groups, including Valla Public Hall Committee of Management and Talarm Hall Committee of Management regarding possible funding for Festival of Small Halls (FOSH) events. Assistance also given to Rotary for grant application for Stronger Communities Programme 2016.

 

 

 

An application was lodged by Council, on behalf of Carrolline Rhodes, for our recently published Centenary History, for the NSW Premier’s History Awards 2016 in the category The New South Wales Community and Regional History Prize. This prize, ($15,000), is for a major work of non-fiction, published in book or ebook form, that makes a significant contribution to the understanding of community, institutional, urban or regional history in New South Wales. 

A Grants Calendar has been created and an excerpt outlining current available funding and grant purposes will be attached to the Grants Report each quarter.

 

Attachments:

1

9814/2016 - Grants Calendar excerpt quarterly for Council report

 

  


Ordinary Council Meeting - 31 March 2016

Grant Application Status Report

 










Ordinary Council Meeting                                                                                                  31 March 2016

Corporate Services

ITEM 10.2    SF251              310316         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

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                                                                                                  31 March 2016

Assistant General Manager Corporate Services Report

ITEM 10.3    SF338              310316         Tewinga Community Centre Committee of Management AGM - 5 March 2016 - Minutes

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Tewinga Community Centre Committee of Management which was held on 5 March 2016 and the new Committee.  A copy of the minutes of this meeting and the Treasurer’s report are at the end of this report.

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Tewinga Community Centre’s Annual General Meeting held on 5 March 2016 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

DISCUSSION:

 

The Annual General Meeting of the Tewinga Community Centre’s Committee of Management was held on Saturday 5 March 2016.

 

The Committee of Management for 2015/2016 comprises:

President                                           Steve Ryan

Vice President                                    Frank Stennett

Secretary                                           Margaret Duffus

Treasurer                                            Margaret Duffus

 

CONSULTATION:

 

There was no consultation

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

 

Social

There are no social implications.

 

Economic

There are no economic implications.

 

Risk

This report poses no risk to Council.

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There are no financial implications.

Source of fund and any variance to working funds

There are no implications for working funds.

TEWINGA COMMUNITY CENTRE ANNUAL GENERAL MEETING (2015)

 

Saturday 5th March 2016

 

Meeting Opened : 2:35pm at Tewinga Community Centre.

 

Present: (Councillor) Bob Morrison,  Steve Schmidt, Frank Stennett, Jean Stennett, Margaret Duffus, Ron Hawkins, Slavomir Skokan, Steve Ryan, Phil Whitney.

 

Apologies: Heather Heywood

Minutes accepted as read  -  F. Stennett & S. Skokan

 

Presidents Report

Ron Hawkins gave verbal report on:

·      Function of 355 Committee, and specific aspects relating to Tewinga Community Centre.

·      Activities through year (other than Radio Nambucca).

·      Hall hire for meetings 

·      Tennis court and grounds maintenance

·      Future of Tewinga Community Centre

 

Treasurers Report

·      Balance at 2014 AGM             $  2591.92

·      Income                                  $    202.14

·      Interest                                  $      12.89

·      Expenditure                           $    103.18

·      Current  Balance           $  2703.77

 

Election of Officers

Councillor Bob Morrison took the chair, and declared all positions vacant.  All people present at the meeting were willing to be ordinary members of the committee. 

 

The first nomination for the executive position of President was Ron Hawkins. 

Mr Hawkins declined the nomination for the position

The second nomination for the executive position of President was Steve Ryan.

Mr Ryan accepted the nomination and was declared elected. 

 

There was only one nomination for each of the following executive positions, and the office bearers were declared elected

Vice Present                 Frank Stennett

Secretary            Margaret Duffus

Treasurer             Margaret Duffus

 

Setting of Fees and Charges

The following charges were set for the use of Tewinga Community Centre facilities:

Meetings (up to 3 hours use)                        $20.00

Additional Charge ( for longer use)               $ 5.00 per hour

Tennis Courts                                              $ 5.00 per hour

 

Meeting Closed: 3:00pm (and followed by Ordinary Meeting)

Minutes recorded by Margaret Duffus.

 

                  

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                                  31 March 2016

Assistant General Manager Engineering Services Report

ITEM 11.1    SF61                310316         Surf Life Saving Report - March 2016

 

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

 

Summary:

 

The 2015/2016 Contract Report from Australian Lifeguard Service has been received by Council for the patrolled areas of Nambucca Heads, Scotts Head and South Valla Beach.  A copy of the report is attached for Council’s information

 

The report provides statistical information on each beach patrol area relating to the following functions:

 

·      Beach usage and rescue statistics;

·      First aid and preventative actions;

·      Ordinance control; and

·      Public relations.

 

This is the third year of a five year contract with Australian Lifeguard Service.  The season highlights are summarised as follows:

 

·      Beach Visitation 37,150 people were recorded visiting the patrolled beaches, the highest number at was at Scotts Head Beach (23,805)

·      Prevention 3,427 preventative actions

·      6 significant rescues (6 lives saved)

·      First Aid 32 first aid treatments

·      Law Enforcement 329 law enforcement actions

·      Public Relations 3,027 cases of providing information and advice to the public.

 

 

Recommendation:

 

That Council receive and note the Season Report for 2015/2016 from the Australian Lifeguard Service.

 

 

OPTIONS:

 

1        Note the report.

2        Consider extending life guard service through other holiday periods of spring, Easter and autumn school holidays

3        Consider extending the hours of the life guard service from 9.00am to 5.00pm

 

 

DISCUSSION:

 

Nambucca Shire Council uses the Australian Lifeguard Service to provide lifeguard services for Valla Beach, Nambucca Heads and Scotts Head beaches over the Christmas Holidays. Specifically this organisation patrols the beaches between 9.30am and 3.30pm during the following periods:

 

          Valla Beach                     19 December 2015 to 27 January 2016

          Nambucca Heads            21 December 2015 to 25 January 2016

          Scotts Head                    21 December 2015 to 25 January 2016

 

Nambucca Heads and Scotts Head Surf Life Saving Clubs also provide valuable volunteer hours in addition to the contracted services.

 

Australian Lifeguard Service is required to provide a Contract Report at the end of the season and a copy of the 2015/2016 document is attached. 

 

The report provides statistical information on each beach patrol area relating to the following functions

 

·      Beach usage and rescue statistics;

·      First aid and preventative actions;

·      Ordinance control; and

·      Public relations.

 

The Nambucca Valley once again experienced reasonably favourable weather conditions over the seasons service, however there was a decrease in attendance from the previous corresponding December/January period and this may have been attributed to the high swells experienced and the potential media surrounding shark sightings.  Statistically the patronage is on par when compared to the previous years:

 

          2009/10        30,977

          2010/11        23,931

          2011/12        32,499

          2012/13        39,979

          2013/14        36,366

          2014/15        43,599

          2015/16        37,150

 

As with previous statistics the busiest beach was Scotts Head; however there were decreases in attendance associated with the other two beaches.

 

Beach

2010/11

2011/12

2012/13

2013/14

2014/15

2015/16

Scotts Head

14987

16562

23109

22859

23393

23805

Valla Beach

5582

9548

7697

7961

12286

7281

Nambucca Heads

2482

6389

9173

5546

7920

6064

TOTAL

23931

32499

39979

36366

43599

37150

 

During the contracted service there were 6 significant rescues (defined as Lifeguards rendering assistance to swimmers who find themselves in a difficult situation, but not imminent danger.

 

Beach

2010/11

2011/12

2012/13

2013/14

2014/15

2015/16

Scotts Head

8

8

0

14

0

6

Valla Beach

7

0

1

3

14

0

Nambucca Heads

1

2

1

0

1

0

TOTAL

16

10

2

17

15

6

 

The extension of the service through the other holiday periods has been considered by Council each year on receipt of the season report and during budget deliberations, at which time Council has maintained the resolution to remain with the 6 week contract period commencing just before Christmas to the end of January generally between the hours of 9.30am to 3.30pm.

 

 

CONSULTATION:

 

There was no consultation in preparing this report

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

The service provides a public safety and education program as well as performing life saving and rescues.

 

Economic

 

The provision of safe beaches is important to holiday visitors.

 

Risk

 

The peak holiday period is December to January during the School holidays and life saving needs to be in place for that period as a minimum.  There is a risk of confusion when adjoining Local Government areas have different arrangements.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost for life guard services is provided in the 2015/16 budget The annual costs for the service has been progressively increasing since the implantation of the contract service. The conditions of the contract allow for an annual increase.

 

Source of fund and any variance to working funds

 

Normal arrangements included in the budget.

 

Service level changes and resourcing/staff implications

 

 

Attachments:

1

9151/2016 - Nambucca Lifeguard Season Report 2015-16

 

  


Ordinary Council Meeting - 31 March 2016

Surf Life Saving Report - March 2016

 



















Ordinary Council Meeting                                                                                                  31 March 2016

Assistant General Manager Engineering Services Report

ITEM 11.2    T001/2016        310316         Tender T001/2016 for the preparation of an Integrated Water Cycle Management Plan - Consultant Engagement

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

Council is due to complete an Integrated Water Cycle Management Plan in accordance with DPI – Water Best Practice Management Guidelines.  This work is scheduled to be completed in 2016/17.

 

Council has previously called an Expression of Interest (EOI) seeking experienced consultants to undertake the required works to document the plan.  Subsequent to this three consultants, being HydroScience Consulting, Hydrosphere Consulting and NSW Public Works were invited to submit a tender for the work as an upper limit fee proposal.

 

Tenders closed on the 10 March 2016 with the lowest apparent tender received from NSW Public Works. It is recommended that this fee proposal be accepted.

 

 

Recommendation:

 

1        That Council accept the upper limit fee proposal from NSW Public Works for the preparation of an Integrated Water Cycle Management Plan dated March 2016 (Proposal No. WSP 16011).

 

2        The Council note the report in the Closed meeting.

 

 

OPTIONS:

 

Council could accept a fee proposal from one of the other consultants however given that they were all preselected as being highly capable of completing the task it is hard to justify not accepting the lowest apparent price.

 

 

DISCUSSION:

 

An Expression of Interest (EOI) was been called for experienced consultants wishing to be shortlisted to prepare an IWCM Strategy for Nambucca Shire Council. The EOI closed on 17 December with eight (8) submissions being received.  Based on an assessment of the EIOs the following three (3) consultants were subsequently invited to tender for the work:

 

HydroScience Consulting

Hydrosphere Consulting

NSW Public Works (NSW Water Solutions)

 

Tenders were submitted as upper limit fee offers with closed on the 10 March 2016.

 

The main focus of the tender assessment was price as all consultants had been pre-selected to tender and as a result were already considered to be highly capable and to have the necessary experience to complete the required tasks.

 

The lowest apparent tender was received from NSW Public Works (NSW Water Solutions).  They also had what was considered to be the advantage of having completed the initial IWCM Strategy works documented for Council.  This was a very involved process including a number of scenario iterations and as a result NSW Public Works already have much of the historical data required as well as a good understanding of how Council’s systems work and what many of the issues are.  They have also already set up a financial model based on the previous capital works and renewals program which will take less effort to bring up to date.

 

This all means that there should be less of a need for Council resources than the other two consultants may require.

 

Please note: If Council wishes to discuss the tenders and/or accept a different tender it will be necessary to move into closed meeting.

 

 

CONSULTATION:

 

·      DPI - Water

·      Assistant General Manager Engineering Services

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications resulting from the proposal to engage the consultant to complete the IWCM Strategy.

 

Social

 

There are no social implications resulting from the proposal to engage the consultant to complete the IWCM Strategy.

 

Economic

 

There are no economic implications resulting from the proposal to engage the consultant to complete the IWCM Strategy.

 

Risk

 

There are no significant risks associated with the proposal to engage the consultant to complete the IWCM Strategy.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funding will be allocated in the 2016/17 budget to cover the cost of preparing the IWCM Strategy.

 

The completion of the IWCM Strategy will include a 30 year financial plan for water and sewerage works which will help determine future budget allocations for capital expenditure on new infrastructure and the renewal of existing infrastructure.

 

Source of fund and any variance to working funds

 

Funding will be sourced from working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level or resourcing implications.

 

Attachments:

There are no attachments for this report.