NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

14 April 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 - 14 April 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.

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 31 March 2016.................................................................................... 7

5        NOTICES OF MOTION

5.1     Notice Of Motion – Councillors’ Work Health And Safety Obligations (SF164).................... 14

5.2     Notice Of Motion – Request For Reduction In Speed Limit Valla Beach Road (SF1540)...... 15

5.3     Notice of Motion - Climate Change (SF1075).................................................................... 28

5.4     Notice of Motion - Energy Use and Climate Change Adaptation Program and Budget (SF688).... 30  

6        PUBLIC FORUM

i)           Ms Judith Tobin - PUBLIC FORUM on behalf of MAYOR TO READ ISSUES ON HER BEHALF

 

ii)          Ms Carrolline Rhodes - PUBLIC FORUM on behalf of Valla Beach north of Footbridge

 

iii)         Mr Michael Joyce - PUBLIC FORUM on behalf of Condition of Road from Ocean View Drive to Lions Reserve

 

iv)        Ms Tracey Suter - PUBLIC FORUM on behalf of Valla Beach Seating Project

 

v)         Mr Bim Morton - Public Forum on behalf of TAFE TEACHER REGARDING VALLA BEACH SEATING PROJECT

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.................................................................................... 32

9.2     Nambucca Heads Island Golf Club - Rates and Charges................................................... 38

9.3     DA2015/093 - Use of Shed as Depot - Modification ........................................................ 41

9.4     Proposed Tennis Clubhouse........................................................................................... 54

9.5     Planning Proposal - Addition to House Keeping Amendment - Waratah St Scotts Head .... 73

9.6     Minutes of the Nambucca Shire Council Access Committee meeting held 23 February 2016 77

9.7     Minutes of the Nambucca Shire Council Access Committee meeting held 22 March 2016... 80

9.8     Outstanding DAs greater than 12 months OR where submissions received - 23 March - 5 April 2016..................................................................................................................................... 83

9.9     2016 March - Received Development Applications and Complying Development Applications     87

9.10   2016 March - Approved Construction Certificates and Complying Development Certificates 91

10      Assistant General Manager Corporate Services Report

10.1   Investment Report To 29 February 2016 .......................................................................... 95

10.2   Schedule of Council Public Meetings............................................................................. 100

11      Assistant General Manager Engineering Services Report

11.1   Tender for Supply and Delivery of Modular Concrete Bridge Components (SPT081617NAM) 101

11.2   Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016.................................. 103    

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

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   Nambucca Heads Island Golf Club - Rates and Charges

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

 

12.3   Tender for Supply and Delivery of Modular Concrete Bridge Components” (SPT081617NAM) - Confidential Attachments

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 31 March 2016

The following document is the minutes of the Ordinary Council meeting held 31 March 2016.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 14 April 2016 and therefore subject to change.  Please refer to the minutes of 14 April 2016 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

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)

 

 

APOLOGIES

 

Cr Bob Morrison and Cr Kim MacDonald

 

 

PRAYER

 

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

 

 

PRESENTATION

 

The Mayor presented Mr Ian Flarrety with his Australia Day badge for 2016 Citizen of the Year and Mr Garry Johnson OAM (Chairman of the Nambucca Shire Australia Day Committee) was on hand to offer congratulations on behalf of the Committee.

 

 

DISCLOSURE OF INTEREST

 

Councillor J Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.4 Proposed Telecommunications Facility under the Local Government Act as Cr Ainsworth states that previous submissions suggest that the facility should be located on the “nearby cleared banana hill” land either owned by Cr Ainsworth or an adjacent neighbour.  Cr Ainsworth left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 March 2016

 

141/16 RESOLVED:        (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 17 March 2016 be confirmed subject to the following correction:

 

Cr Flack      Motion regarding Cr Morrison.  Point of Order called needs to be recorded: “Cr Morrison had breached the Code of Conduct and Code of Meeting Practice”.


 

 

PUBLIC FORUM AND DELEGATIONS

 

RESOLVED:

 

That the following Public Forum and Delegations be heard:

 

PUBLIC FORUM

          i         Mr Trevor Johnson—Proposed Location of Amenities in Gordon Park

DELEGATIONS

9.4     Proposed Telecommunications Facility.......................................................................... 8

          i         Ms Kerrie Grace—Objector

          ii        Mr Tony Lewis—Objector

          ii        Mr Stuart Melville—representing Aurecon

DELEGATION IN CLOSED MEETING

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, Ms Jenny Adams, Ms Danielle Gilbert and Mr Matt Phelan on           behalf of YMCA

 

Mr Johnson addressed Council to a prepared statement which is on Trim file SF1092:

 

DELEGATIONS

 

Cr Ainsworth left the meeting for this Item 9.4 at 5.55 pm and returned after the conclusion of the Item at 6.50 pm.

 

Ms Kerrie Grace addressed Council making the following points:

·    Ms Grace tabled additional information which is on Trim file DA2015/195

·    Unkya LALC has never been contacted by either company

·    Proposal has created conflict amongst local residents

·    Potential risks regarding local fauna – at least 4 species that are registered as Vulnerable Species

·    Natural habitat will be disturbed

·    Lloyds of London will not underwrite/insure these facilities

·    Considerable data that NBN towers are the ‘asbestos of the future’

·    Argument for needing NBN in our community is not viable

 

Mr Tony Lewis addressed Council making the following points:

·    Lives adjacent to proposed site

·    Speaks on behalf of affected local community

·    Immediate property owners against siting of tower

·    Value of properties and future sales will be affected

·    Cited events that happened in Ballarat

·    Do residents’ opinions not rate?

 

Mr Stuart Melville addressed Council making the following points:

·    Mr Melville is the Project Manager at Aurecon

·    Council did consult with Local Aboriginal Land Council (1 December 2015)

·    Proposal has total support of land owner

·    Planning report represents true planning proposal

·    NBN requests Council adopts the plan

·    Will service 300 -350 homes (up to 500 homes) that will be covered in Gumma and north across the river

·    Considered Bald Hill as alternate site, but not suitable

·    800 times below safe daily EMR standard

·    Not just looking at speed, but also equity for consumers

·    Not intended to add to this tower at later stage unless more than 500 homes in this area

·    Potential for co-location is there – dependant on consultation process

 


 

ITEM 9.4      DA2015/195        310316      Proposed Telecommunications Facility

Motion:      (Flack/Smyth)

 

That this application be refused due to social and environmental impacts and that the community is saying the service is not needed.

 

The motion was LOST.

 

For the motion:               Councillors Ballangarry, Flack and Smyth      (Total 3)

Against the motion:         Councillors Hoban, South and Finlayson       (Total 3)

The Mayor exercised her casting vote in accordance with her practice of only using it where her vote is consistent with the staff recommendation.

 

Foreshadowed Motion:     (Finlayson/South)

 

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.

 

Amendment:       (Flack/Smyth)

 

That this item be deferred.

 

For the motion:               Councillors Ballangarry, Flack and Smyth      (Total 3)

Against the motion:         Councillors Hoban, South and Finlayson       (Total 3)

The Mayor used her casting vote.

 

The amendment was LOST.

 

The motion was put and it was

 

142/16 Resolved:        (Finlayson/South)

 

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.

 

For the motion:               Councillors Hoban, South and Finlayson       (Total 3)

Against the motion:         Councillors Ballangarry, Flack and Smyth      (Total 3)

The Mayor exercised her casting vote in accordance with her practice of only using it where her vote is consistent with the staff recommendations.


 

 

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.


 

143/16 Resolved:        (Ainsworth/Finlayson)

 

That Item 9.3 be brought forward as the applicant was in the gallery.

 


 

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

Motion:      (Flack/Smyth)

 

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.

 

For the motion:               Councillors Ballangarry, Flack and Smyth                         (Total 3)

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

 

144/16 Resolved:        (Ainsworth/South)

 

1           That Council accept the creation of asset protection zones on public land as requested by the applicant and accept the ongoing maintenance responsibility.

 

2           That Council advise the Joint Regional Planning Panel of its decision and also that the JRPP will need to assess as part of the development application any ecological and cultural impacts which might arise from the creation and maintenance of the asset protection zones.

 

For the motion:               Councillors Hoban, South, Ainsworth and Finlayson         (Total 4)

Against the motion:         Councillors Ballangarry, Flack and Smyth                         (Total 3)

 

Note:  Cr Flack requested that her vote be recorded against this recommendation because Cr Flack opposes the use of high conservation value remnant forest on Council owned land for the benefit of a private developer at ratepayers expense and because there has been no community consultation as to its wishes for the best use of this land.


 

The meeting adjourned at 7.07 pm

The meeting resumed at 7.30 pm.


 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

RECOMMENDATION:

 

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    T021/2015           310316      Tender for the Operation of the Macksville Memorial Aquatic and Fitness Centre

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.


 

ASSISTANT General Manager ENGINEERING Report

For Confidential Business Paper in Closed Meeting

ITEM 12.2    T001/2016           310316      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.


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.30 pm.

 

DELEGATION IN CLOSED MEETING

 

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, Jenny Adams, Danielle Gilbert and Matt Phelan

                   on behalf of YMCA


 

RESUME IN OPEN MEETING

145/16 RESOLVED:        (South/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.06 pm.

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1    T021/2015           310316      Tender for the Operation of the Macksville Memorial Aquatic and Fitness Centre

146/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council note the presentations by YMCA NSW and Community Aquatics Pty Ltd.

 

2        That there be a further report to Council on the preferred tenderer to operate the Macksville Memorial Aquatic and Fitness Centre.


 

For Confidential Business Paper in Closed Meeting

 

ITEM 12.2    T001/2016           310316      Tender T001/2016 for the preparation of an Integrated Water Cycle Management (IWCM) Strategy - Consultant Engagement

147/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council note the fee proposal from NSW Public Works for the preparation of an Integrated Water Cycle Management Strategy Plan.

 

2        That Council update the Contract Register.


 

 

General Manager Report

 

ITEM 9.1      SF959                310316      Outstanding Actions and Reports

148/16 RESOLVED:        (Ainsworth/Finlayson)

 

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


 

 

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

Recommendation:

 

That Council receive a report from the Engineer on options for improving water flow through the property and the costs of those options.


 

Item 9.4 was dealt with under Delegations.


 

 

ITEM 9.5      SF2173              310316      Outstanding DAs greater than 12 months OR where submissions received - 9 March - 22 March 2016

149/16 RESOLVED:        (Flack/Smyth)

 

That the information be noted by Council.


 

 

ITEM 9.6      SF1031              310316      Review of Donations Policy

150/16 RESOLVED:        (Flack/Ainsworth)

 

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


 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1120              310316      Grant Application Status Report

151/16 RESOLVED:        (Flack/Smyth)

 

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.


 

 

ITEM 10.2    SF251                310316      Schedule of Council Public Meetings

152/16 RESOLVED:        (Flack/South)

 

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


 

 

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

153/16 RESOLVED:        (Flack/Smyth)

 

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.


 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF61                  310316      Surf Life Saving Report - March 2016

154/16 RESOLVED:        (Ainsworth/Flack)

 

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


 

 

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

155/16 RESOLVED:        (Ainsworth/Finlayson)

 

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.

 

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

Against the motion:         Nil


    

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.17 pm. 

 

Confirmed and signed by the Mayor on Thursday 14 April 2016.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

    


Ordinary Council Meeting                                                                                                    14 April 2016

Notice of Motion

ITEM 5.1      SF2183            140416         Notice Of Motion – Councillors’ Work Health And Safety Obligations (SF164)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

The Work Health and Safety Act 2011 imposes a range of duties and obligations on various people, however, it is sometimes assumed incorrectly, the Councillors are not covered by the Act

 

The confusion has arisen due to the fact that, although the WHS Act imposes a duty on an “officer” and a “person conducting a business or undertaking”, the definitions of “officer” and “person conducting a business or undertaking” include exclusions for an elected member of a local authority in that capacity.

However, legal advice sought by LGNSW specifies that section 29 of the WHS Act imposes a health and safety duty on all persons at a workplace, including Councillors. Section 29 is in the following terms:

 

“29 Duties of other persons at the workplace

 

A person at a workplace (whether or not the person has another duty under this Part) must:

 

·      take reasonable care for his or her own health and safety, and

·      take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons, and

·      comply so far as the person is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person conducting the business or undertaking to comply with this Act."

 

A Councillor may be in breach of section 29 of the WHS Act if, by act or omission, they adversely affect their health and safety or the health and safety of other persons at a workplace.

 

A health and safety duty is enforceable by fine under sections 31, 32 and 33 of the WHS Act, and if recklessness is established and serious injury or illness results then the penalty may also include a prison term of up to 5 years. 

 

 

Recommendation:

 

That Council note the Work Health and Safety Act 2011 obligations of Councillors according to legal advice provided to LGNSW.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    14 April 2016

Notice of Motion

ITEM 5.2      SF2183            140416         Notice Of Motion – Request For Reduction In Speed Limit Valla Beach Road (SF1540)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

At their meeting of 21 March 2016 the Valla Beach Community Association (VBCA) resolved to request that Council apply to the RMS to have the speed limit on Valla Beach Road between the railway bridge and the western side of Kuta Avenue reduced to 40kph.

 

For more than twenty years there have been calls from the Valla Beach community and the Valla Beach Preschool to have the speed limit reduced in this general area. Council has made previous requests but were refused on the basis that the area is not a school zone, despite the fact that the Valla Beach Community Pre-School fronts this very busy road and arguably preschool aged children are at even greater risk of running out onto the road than older students.

 

Over the years Valla Beach Road has become busier with increased urban development and the influx of tourists. Valla Beach Road is the main thoroughfare into Valla Beach. The attached documents presented by Mr Graham Jessen to the VBCA explain the reasons for the request.

 

Since Council’s earlier refused requests the NSW State Government has adopted the Local Government Road Safety Program 2014 - 2017 Guidelines which focus on improved safety for pedestrians, particularly in high pedestrian activity areas such as shopping strips, transport interchanges (there is now a busy school bus interchange opposite Valla Tavern), and schools.

 

In light of what appears to be a change in government policy, it is recommended that Council again Request a review of the speed zone.  

 

 

 

Recommendation:

 

That Council apply to RMS through the Local Government Road Safety Program to have the speed limit from the railway bridge to the western side of Kuta Ave on Valla Beach Road reduced to 40kph.

 

 

 

 

Attachments:

1

10647/2016 - Support for reduced speed limit of 40km

 

2

11598/2016 - Further Attachments

 

  


Ordinary Council Meeting - 14 April 2016

Notice Of Motion – Request For Reduction In Speed Limit Valla Beach Road (SF1540)

 


Ordinary Council Meeting - 14 April 2016

Notice Of Motion – Request For Reduction In Speed Limit Valla Beach Road (SF1540)

 

      


Ordinary Council Meeting                                                                                                    14 April 2016

Notice of Motion

ITEM 5.3      SF2183            140416         Notice of Motion - Climate Change (SF1075)

 

AUTHOR/ENQUIRIES:    Brian Finlayson, Councillor         

 

Summary:

 

Climate change and floodplain management in Nambucca Shire LGA.

 

 

Recommendation:

 

1        That Council investigate and consider the impact of climate change (particularly relating to sea level rise and flooding) on Macksville, Nambucca Heads and Scotts Head.

 

2        That if considered appropriate

 

a)   take steps to limit further development in those areas considered likely to be adversely affected by sea level rise and flooding and

 

b)   create by rezoning alternative sites for further development in areas not likely to be so affected and where provision of services will not be prohibitively expensive.

 

 

3        That as part of this consideration Council conducts an inspection of areas along Coronation Road and Bald Hills Road Macksville, Wellington Drive Nambucca Heads and the caravan park Scotts Head.

 

 

 

DISCUSSION:

 

Apart from the intervention of climate change there is really nothing new here.  Floodplain management studies conducted as far back as 1981 identified approximately 50% of Macksville as being flood prone then and recommended amongst other things limitation of development in those areas affected.

 

It is now accepted in most quarters that climate change is a reality, the only real issue being what is causing it.  With sea level rise and more frequent and severe flooding, the impact on Council’s urban areas can only be increased.

 

Apart from the consequences of increased flooding to infrastructure and population there is the possibility of damages claims against councils which fail to take steps to prohibit development in areas that they knew or should have known were likely to be impacted by inundation.

 

We have an obligation to protect ratepayers from this.

 

There are flood free areas to the east and west of Macksville which would be suitable for commercial and residential development.  Council might consider rezoning in those areas to accommodate that type of development and the rezoning of areas particularly within say the current commercial area of Macksville to accommodate development which would survive occasional inundation.

 

MANEX COMMENT:

 

This notice of motion was deferred by Council at its meeting on 11 February 2016 to the first Council meeting in April 2016.

 

The matters posed by the notice of motion will be the subject of the Floodplain Risk Management Plan which is item 1 in the list of outstanding actions.  The Plan will provide the Council with the opportunity to restrict development on the floodplain, being new development as well as alterations and additions to existing development.  The restrictions on development can be applied via changes to the local environmental plan and development control plan.  A draft Floodplain Risk Management Plan has now been received from the consultant WMA Water.  The draft has been sent to the Office of Environment & Heritage (OEH) for review as they have provided two thirds of the funding for the project.  Council’s Coordinator Strategic Planning and Natural Resources is also reviewing the draft document.  He believes that the consultant needs to undertake further work before the draft is in a form suitable for circulation to the Estuary Committee and Councillors.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    14 April 2016

Notice of Motion

ITEM 5.4      SF2183            140416         Notice of Motion - Energy Use and Climate Change Adaptation Program and Budget (SF688)

 

AUTHOR/ENQUIRIES:    Paula Flack, Councillor         

 

Summary:

 

The draft 2016/17 Environment Levy Program and budget is currently being developed by staff. 

 

Reducing Council’s carbon emissions and dependence on fossil fuels is a responsible step to playing a part in addressing climate change and the risks of climate change impacts.  It is also important that Council increases its use of renewable energy wherever and whenever possible. 

 

The Environment Levy is the most appropriate source of funding for sustainable energy use and climate change adaptation initiatives and in particular affords Council the ability to seek grant funding which requires Council contributions.   The renewable energy sector is rapidly growing with significant advances in technology and job opportunities and there are many grant programs available.

 

Council in its Community Strategic Plan 2023 states 1.4 Sustainable Energy Use Objective: Nambucca Shire Council will provide community leadership in sustainable energy use and strive to meet the State Government’s commitment to becoming carbon neutral by 2020.

 

 

 

Recommendation:

 

That Council includes an annual Sustainable Energy Use and Climate Change Adaptation Program budget in its Environment Levy Program and considers appropriate project opportunities when it considers the draft 2016/17 Environment Levy Program and Budget.

 

 

 

 

DISCUSSION:

 

Providing an annual budget for sustainable energy use and climate change adaptation projects gives greater certainty and flexibility for staff to apply for appropriate grants as opportunities arise.  It will also assist Council meeting its own stated objectives and demonstrate its sincerity in reducing carbon emissions and increasing its use of clean renewable energy.

 

An annual environment levy allocation for sustainable energy use and climate change adaptation projects with any unspent funds rolling over to the next budget will provide opportunities for Council to move towards a renewable energy future and significantly reduce its carbon emissions.  Council already undertakes such an approach to targeted environment levy funding with its Estuary Management Plan actions annual environment levy budget, from which various estuary projects are funded and carried over.

 

Suggested projects for consideration:

 

·      Installation of solar panels on Council buildings and selling energy back to the grid.  Roof space is available on Council’s administrative offices, libraries, Macksville’s Senior Citizens Centre, community halls and works depot.  Missabotti Hall has already installed solar panels.

 

·      Installing solar energy storage capacity for Councils energy use at its administrative centre and selling excess energy back to grid.  Solar energy battery storage technology is advancing in leaps and bounds with affordable options now becoming a reality.

 

·      Switching from Council’s current fossil fuel dependant energy providers such as Origin which invests in coal and gas generation.  To renewable energy providers such as Powershop or Diamond Energy and funding any increase in power costs from the environment levy.

 

·      Installing floating solar panels on the Bowra Dam to power the pumping station.  A ‘raft’ of panels would have the added benefit of increasing shade over the water surface thereby reducing evaporation and thermal warming of the water, in turn reducing pumping requirements and water demand from the aquifer.  Bowra Dam has a surface area of around 55ha.  Staff estimate the dam evaporation loss to be approximately 3.5 megalitres/day in summer and 1.5 megalitres in winter. Over February this year Council pumped an average of 5.6 megalitres/day from the aquifer to the dam so approximately 62.5% of all that pumping is wasted to evaporation at enormous cost to the ratepayers and environment.

Such projects are gaining momentum around the world.  For example, Ichihara city in Chiba Prefecture, Japan, will soon see the largest such project completed.  A 16,170 megawatt/yr floating solar power plant that will produce enough electricity to power approximately 4,970 households, while offsetting about 8,170 tons of CO2 emissions annually.  This is equal to 19,000 barrels of oil consumed.  Northern Areas Council in South Australia has led the way by being the first in the world to float solar panels on its Jamestown waste water ponds.  http://www.abc.net.au/news/2015-04-29/solar-power-plant-at-jamestown-wastewater-site/6431872  This Council could have the opportunity to investigate the possibility of a similarly innovative project for Bowra Dam via a sustainable energy budget.

 

 

CONSULTATION:

 

Coordinator Strategic Planning and Natural Resources

 

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                                    14 April 2016

General Manager

ITEM 9.1      SF959              140416         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 and OEH are reviewing the draft.  The draft requires further work before it can be circulated to the Estuary Committee and Councillors.

 

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. 

 

Deferred whilst trialling the International Society of Arboriculture, Tree Hazard Evaluation form which is intended to replace the tree inspection form within the policy. The policy in its present form has shown some issues pertaining to property owners wanting healthy trees removed citing the criteria in the policy, the new form provides greater transparency and clarity   

 

 

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.

 

 

MARCH 2015

 

6

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

 

7

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.

 

As no further advice has been received it not proposed to follow the matter up.

 

 

AUGUST 2015

 

8

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.

 

Matter has been discussed and no opportunities identified.  Will be reported to Council in the next month.

 

 

9

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.

 

Minister referred staff to Forests and a meeting is being organised with Forests NSW in May 2016 for further discussion with a report to be presented to Council afterwards

 

 

SEPTEMBER 2015

 

10

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 28 April 2016.

 

 

OCTOBER 2014

 

11

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

 

12

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.

 

Discussed with staff on 6/4/2016.  Final warning to be provided to lodge a DA or receive a fine for undertaking development without consent.

 

 

13

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

 

14

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

 

15

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.

 

 

 

16

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

 

17

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

 

18

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.

 

Deferred until July as staff are assessing the highway handover of new road assets

 

 

19

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.

 

Will be reported to Council in May 2016.

 

FEBRUARY 2016

 

20

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

 

21

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

 

22

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.

 

23

DA2012/11

25/2/16

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

 

GM

Report to 31 March 2016

 

Applicant withdrew modification on 22 March 2016.  Anticipate revised modification application will be lodged in the future.

 

 

24

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.  Given the withdrawal of the modification to DA2012/011 it is proposed that consideration of the future of the contribution plan be deferred until the applicant lodges the foreshadowed revised modification application.  Otherwise Council may be required to deal with the matter twice.

 

 

MARCH 2016

 

25

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

 

26

LF7116

31/3/16

That Council receive a report from the Engineer on options for improving water flow through the property (8 Loftus Lane) and the costs of those options.

 

AGMES

Report to June meeting following of assessment by design staff.

 

A report will be prepared for July after a catchment assessment is undertaken by design staff as there a number of design priorities for Council’s capital works program.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                    14 April 2016

General Manager's Report

ITEM 9.2      SF848              140416         Nambucca Heads Island Golf Club - Rates and Charges

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1.       That the information concerning the provision of a credit adjustment to the Nambucca Heads Island Golf Club be received.

 

2.       That there be a further report to Council on the review of ratepayers with large sewer access charges.

 

 

OPTIONS:

 

The report is for information.  There are no real options.

 

 

DISCUSSION:

 

Council received a detailed submission from Cr Morrison on behalf of the Nambucca Heads Island Golf Club querying various aspects of the Club’s charges and particularly their sewerage usage charge.   A copy of Councillor Morrison’s submission and the response which has been provided is listed for information in a report in the closed meeting agenda.

 

By way of summary a credit adjustment has been provided to the Club totalling $51,949.42.  The credit adjustment has come about principally as a consequence of the reversal of their sewer access charge for a 100mm (water) connection and its backdating to 1 July 2006 being the date that Council introduced its sewer access charge.

 

The components of the credit adjustment are as follows:

 

·   $39,437.00 being for a reversal of the sewer access charge for a 100mm water connection backdated to 1 July 2006 being the date that Council introduced its sewer access charge.

 

·   $8,321.62 for trade waste usage from 1/7/2010 to 30/6/2012.  Whilst the Council had previously acted to drop the trade waste charge on the 100mm meter, upon reviewing the matter it was noted that it was only backdated to July 2012 being the financial year in which Council received the request from the Club for a review.  The credit should have been backdated to 1 July 2010 being the commencement of trade waste charges.

 

·   $2,846.15 being for the reduction of the sewerage discharge factor on the club house (20mm water connection) to 85% (from 95% which is the guideline rate for clubs) on the basis that some of the consumption is used to water gardens and the lawn outside the clubhouse.  This credit adjustment has been backdated to 1 July 2012 prior to which the SDF was only 30% (this previous SDF was an error in the Club’s favour).

 

·   $863.59 being the reduction in the sewerage discharge factor on the 100mm connection from 0.0050 to 0.0 on the basis that none of the consumption is returned to Council’s sewerage system.  This credit adjustment has been backdated to 8 February 2013.  For the period prior to this date, Council staff had already provided a credit adjustment following a query from the Club (refer to letters in closed).

 

·   $481.06 being an interest adjustment

 

To understand the reason for the major component of the credit adjustment, being the reversal of the sewer access charge, a copy of the Club’s rates notice is shown as an attachment in the closed report.

 

It will be noted there is a sewer access charge for a 20mm (water) connection of $239.00 as well as a sewer access charge for a 100mm (water) connection of $5,975.00.  These relate to the metering configurations at the Club whereby they have a metered 100mm connection, but also a metered “by-pass” low flow connection of 20mm.  Because of the metering arrangement and the fact that the separate services to the clubhouse and golf course branch off after the meters, it is unknown what the water flow requirement is for the clubhouse versus the golf course and therefore the sewer usage for the clubhouse.  However given the size of the Clubhouse it has been assumed that in general, the 20mm connection would be sufficient to provide for its operation.

 

To further complicate the matter, in January 2013 the Golf Club wrote to Council and queried the sewerage discharge factor on the golf course noting that the on-course and green’s shed toilets drained to the sewage system.  It has now been ascertained that these drain to a septic system on the golf course itself and not to Council’s sewerage system.

 

With the determination that in all likelihood all water from the 100mm connection is being directed to the fairways and greens with none returning to Council’s sewer, there is no basis for the sewer access 100mm charge of $5,975 per annum.

 

The problem originates from the implementation of the Best Practice Management of Water Supply and Sewerage Guidelines which encouraged Councils to move to access and volume pricing for sewerage discharge by business.  The problem has been compounded by the significant increases in price which have been required to fund Council’s capital works program.

 

Council staff are now reviewing other ratepayer accounts which include a large sewer access charge to ensure that the water supplied through a large connection is likely to be returning to the sewer in the course of normal operations.  A 100mm water connection is a common requirement for premises with fire hose reels.  As per the golf course, a 100mm water connection which has the only purpose of supplying a fire hose reel would not warrant a sewer access charge of $5,975 per annum.  There will be a further report for information on any premises where an adjustment is required in access and usage charges.

 

 

CONSULTATION:

 

There has been extensive consultation with Council’s Rates Officer and Manager Water & Sewerage.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no significant social implications as Council has provided a credit adjustment.

 

Economic

 

There are no economic implications.

 


Risk

 

The primary risk discussed in the report is that the issue may pertain to other ratepayers.  This is the subject of a review by Council staff.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The credit adjustment means that Council will need to adjust its budget for sewer revenue.

 

Source of fund and any variance to working funds

 

There will be a negative impact on sewerage working funds.

 

Service level changes and resourcing/staff implications

 

Further investigation is required to check whether the same problem has not occurred with other ratepayer accounts.  These will be fairly limited in number being those accounts with large sewer access fees.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    14 April 2016

General Manager's Report

ITEM 9.3      DA2015/093      140416         DA2015/093 - Use of Shed as Depot - Modification

 

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

 

Summary:

 

Council will recall this development. The Applicant has now applied to modify the subject Development Consent to have conditions 7, 16, 17 and 18 amended.

 

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:

 

The request to modify the development consent be refused for the following reasons:

 

1.  Council’s standard requirements for new traffic generating development with access to a sealed road requires sealing of the access to a minimum of 3 metres within the property boundary or 10 metres from the edge of the road so as to minimise the tracking of gravel and sediment onto the road pavement.

 

2.  The approved hours of operation are consistent with consent conditions applied to development that may cause local noise impacts.

 

3.  The modifications sought to conditions 17 and 18 are incapable of enforcement.

 

 

OPTIONS:

 

1.       To accede to the request for modification of the subject Development Consent and amend conditions accordingly

2.       To not accede to the request for modification of the subject Development Consent and adopt the recommendation of this report

 

 

DISCUSSION:

 

On 1 March 2016, an application was received to modify the subject Development Consent. The request is summarised as follows;

 

·           Modify condition 7 by deletion. Condition 7 required the access to the development to be sealed to a minimum of 3 metres within the property boundary or 10 metres from the edge of the Wilson Road pavement.

·           Modify condition 16 to permit an extension of working hours to 4pm on Saturdays and to permit work on Sundays.

·           Modify condition 17 to permit ‘other’ vehicle/plant/machinery to be serviced where there is no financial gain by the owner.

·           Modify condition 18 to permit the storage of other vehicle/plant/machinery (above and beyond 3 watering trucks) when there will be no financial gain by the owner.

 

The application was notified for 21 days. One submission was received. This is attached for the information of Councillors.

 

After consideration of the submission, the author concurs with the commentary contained therein.

 

With respect to the modification of condition 7, this is a standard Council requirement for a new traffic generating development gaining access off a sealed road. Given that the proposed development is accessed off Wilsons Road (arterial road) and the land contains a dwelling in addition to the depot, it is not considered to be appropriate for Council to waive the requirement for this development.

 

With respect to the modification of condition 16, the hours of operation are consistent with consent conditions applied to development that may cause impacts in a local context eg noise.  The Applicant has not provided sufficient justification to warrant any deviation from this criteria.

 

With respect to condition 17, modification as requested by the Applicant would make it close to impossible to police, with any deviation from this resulting in an unlawful development scenario. Based on this, the condition should not be changed.

 

With respect to condition 18, amendments to this requirement will make compliance complicated and enduring and will potentially lead to, again, unlawful uses. The condition should therefore stand.

The Development assessment process must result in certainty. Statements from the Applicant about ‘no financial gain to owner’ cannot be translated into an appropriate consent condition. This development has been considered on the basis of a water carting business being operated from the premises with servicing of the vehicles being ancillary to the Depot. To arbitrarily grant consent to allow for ‘other uses’ on the basis that the operator does not make any financial gain is not considered appropriate. In any case, consent would not be required for non-commercial activity for example the servicing of a family members vehicle.

 

The Applicant’s request for modification is attached. Document reference 7294/2016

The subject Development Consent is attached. Document reference 38/2016

The submission received is attached. Document reference 10100/2016

 

 

CONSULTATION:

 

The application for modification was discussed with Senior Town Planner, Daniel Walsh

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report poses no adverse impacts of the environment.

 

Social

 

This report has no adverse social implications.

 

Economic

 

This report poses no adverse economic impact.

 

Risk

 

This application poses no adverse risk to Council

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No implications

 

Source of fund and any variance to working funds

 

No implications

 

Service level changes and resourcing/staff implications

 

No implications

 

Attachments:

1

7294/2016 - DA 2015/093 -  CONSENT- conditions approved from Council - Depot

 

2

38/2016 - DA 2015/093 -  CONSENT- conditions approved from Council - Depot

 

3

N:\cs\Exec Assistant - GM\Anthony 14 April.docx - DA 2015/093 -  CONSENT- conditions approved from Council - Depot

 

  


Ordinary Council Meeting - 14 April 2016

DA2015/093 - Use of Shed as Depot - Modification

 


Ordinary Council Meeting - 14 April 2016

DA2015/093 - Use of Shed as Depot - Modification

 

Enquiries to:        Kyle Bates

Contact Phone:    6568 0261

Our Ref:             DA 2015/93

 

 

 

4 January 2016

 

 

 

Mr N A Howle

765 Wilson Road

CONGARINNI NORTH  NSW  2447

 

 

 

NOTICE TO APPLICANT OF DETERMINATION OF A

DEVELOPMENT APPLICATION

(Issued under Section 81(1)(a) of the Environmental Planning and Assessment Act 1979)

 

 

Development Application No:                   2015/93

 

Applicant:                                                Mr N A Howle

 

Subject Land:                                          Lot 202 DP 841112, 765 Wilson Road, Congarinni North

 

Development Proposal:                            Use of Shed as Depot

 

 


DETERMINATION

 

Determination:                                         The development application has been determined by Nambucca Shire Council by way of granting of consent subject to conditions described below.

 

Made on:                                                  26 November 2015

 

Consent to operate from:                         4 January 2016

 

Consent to lapse, unless the development has commenced in accordance with the provisions of Section 95 of the Act:                                                                4 January 2021

 

 


REVIEW OF DETERMINATION

 

An applicant may request a review of this decision under Section 82A of the Environmental Planning and Assessment Act 1979. A request for a review must be made within six (6) months after the date on which you receive this notice and must be accompanied with the prescribed fee.

 

 


RIGHT OF APPEAL

 

If you are dissatisfied with this decision, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within six (6) months after the date on which you receive this notice.

 



Ordinary Council Meeting - 14 April 2016

DA2015/093 - Use of Shed as Depot - Modification

 

DETAILS OF CONDITIONS

 

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

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

 

Plan No/Supporting Document

Version

Prepared by

Dated

Statement of Environmental Effects

-

Neale + Simone Howle

-

Site Plan + Building Plan + ENGINEERING

15-070

Ron Hawkins & Associates

8.10.15

 

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

 

Compliance with Building Code of Australia

 

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

 

Existing buildings to be bought into compliance with fire safety provisions

 

3        In accordance with Clause 93 and 94 of the Environmental Planning & Assessment Regulation 2000 Council requires the existing building(s), subject to the development application, be bought into partial compliance with the provisions of the Building Code of Australia in respect to the following table:

 

Building Code of Australia edition (Year)

Section & Clause No to be complied with

Description of upgrade works

2015

Services & Equipment

Part E1 Fire Fighting Equipment

E1.6 Portable fire extinguishers.

Provide portable fire extinguishers in accordance with Sections 1,2,3 and 4 of AS2444

 

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Construction times

 

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

 

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


 

Builders rubbish to be contained on site

 

5        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.

 

Consent required for works within the road reserve

 

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

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH WITHIN 4 MONTHS FROM THE OPERATION OF THIS CONSENT

 

Sealed driveway in accordance with Roads Act

 

7        A sealed driveway is to be constructed from the edge of the Wilson Road bitumen to 3 metres within the property boundary in accordance with a consent granted by Council under section 138 of the Roads Act 1993.

 

If the above requirement will result in the sealed section of driveway exceeding 10m in length, sealing a minimum of 10m from the edge of the existing bitumen will satisfy this condition.

 

Damage to Council’s Infrastructure

 

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

 

Rural stormwater disposal

 

9        Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:

a        Clear of buildings and infrastructure,

b        Clear of effluent disposal areas,

c        Not concentrated so as to cause soil erosion,

d        Not directly to a watercourse, and

e        Not onto adjoining land.

 

Building Certificate

 

11      A building certificate must be obtained from Council. All engineering works as specified by Ron Hawkins & Associates Ref No 15-070 are to be completed and inspected by Council prior to the issue of the Building Certificate.

 

Design and installation of the fuel tank

 

12      The diesel fuel tank must comply with the requirements of the NSW Work Cover Authorities and Australian Standard AS1940-2004 “The Storage and Handling of Flammable and Combustible Liquids”.  In this regard, certification from a Work Cover Authority Approved Consultant must be submitted to Council.


 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH AT ALL TIMES

 

Building not to be used for residential occupation

 

13      The building must not be used for any form of residential occupation.

 

Fire Safety Certificate (Part 9, Division 4 Clause 172 of the EP&A Regs 2000)

 

14      As soon as practicable after a final Fire Safety Certificate is issued, the owner of the building to which it relates:

 

a        must cause a copy of the Certificate (together with a copy of the Fire Safety Schedule) to be given to the Commissioner of the NSW Fire Brigade, and

b        must cause a copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be prominently displayed in the building.

 

Access must be permitted to Council officers

 

15      Authorised Council Officers must be permitted access to the property during normal business hours for the purpose of ensuring compliance with consent conditions.

 

Servicing of Vehicles associated with business

 

16      Servicing of vehicles shall be conducted within the buildings associated with the development. Waste from servicing must be managed in accordance with EPA guidelines. Any associated noise that is generated from the servicing of the water carting vehicles must not unreasonably interfere with the amenity of the area. In particular noise when audible within 30m of a surrounding dwelling, can only occur Monday to Saturday from 7.00am to 6.00pm.

 

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

 

Number of Trucks Onsite

 

18      This development consent is limited to the storage and servicing of no more than three (3) watering trucks.

 

Noise

 

19      Noise emitted from the truck depot must comply with the requirements for industrial premises contained in the NSW Industrial Noise Policy and must not cause the relevant amenity criteria in Table 2.1 in the NSW Industrial Noise Policy to be exceeded.

 

Use of Internal Property Access

 

20      Vehicles used in association with the operation of the water carting business must use the most western internal access road.  The use of the eastern access road may only be used by the water carting vehicles for the purpose of servicing those vehicles.

 

Erosion and Sediment Measures

 

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

 


 

REASONS FOR CONDITIONS

 

i     To comply with the provisions of Nambucca Local Environmental Plan 2010

 

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

 

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

 

iv    To ensure adequate access to and from the development

 

v    To protect vegetation

 

vi    To protect the environment

 

vii   To preserve the amenity of the area

 

 

NOTES

 

Penalties apply for failure to comply with development consents

Failure to comply with conditions of this development consent may lead to an on the spot fine (generally $750 or $1500 Corporation) being issued pursuant to Section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to Section 125 of the Environmental Planning & Assessment Act 1979.

 

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:        NIL

 

Integrated Development:                          NO

 

 

 


Signed on behalf of Consent Authority

 

 

 

 

Signature: ....................................................................

 

Name:           Kyle Bates

                     AREA HEALTH AND BUILDING SURVEYOR

 

Date:              19 November 2015

 

Consent Authority:           Nambucca Shire Council


Ordinary Council Meeting - 14 April 2016

DA2015/093 - Use of Shed as Depot - Modification

 


Ordinary Council Meeting                                                                                                    14 April 2016

General Manager's Report

ITEM 9.4      DA2016/035      140416         Proposed Tennis Clubhouse

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

The proposed development includes the construction of a new tennis clubhouse adjacent to the existing tennis courts at Gordon Park, Nambucca Heads. A copy of the proposed plans has been included within Attachment 1.

 

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 2, is considered to be consistent with all of the relevant matters for consideration.

 

The development application is being referred to Council for determination because in accordance with section 47E of the Local Government Act 1993, staff do not have delegated authority to determine the application.

 

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 2016/044 for the construction of a tennis club house at Lot 7010 DP 1054529 Wellington Drive, Nambucca Heads, subject to the schedule of conditions outlined in attachment 2 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:

 

Subject Site

The subject site is located at Gordon Park off Wellington Drive, Nambucca Heads and is legally known as Lot 7010 DP 1054529. It is located within the RE1 Public Recreation zone under the Nambucca Local Environmental Plan 2010 and contains a gradual slope towards the east. The site contains an existing building which contains a public toilet/tennis clubhouse building, tennis courts, small grandstand, playground, picnic areas and a car park.

 


Locality Plan

 

 

Proposed Development

The proposed development seeks approval for the construction of a new clubhouse adjacent to the existing tennis courts. A copy of the proposed plans have been included within Attachment 1.

 

Please note that the proposed building does not include public toilets. Furthermore, the proposal as submitted does not include the demolition of the existing public toilets/clubhouse building.

 

Council is currently in the process of preparing a proposal to construct new detached toilet facilities within the public reserve as part of the Gordon Park redevelopment which are to be open to the public. Development consent is not required for the toilet facilities under clause 65 of the State Environmental Planning Policy (Infrastructure) 2007. The redevelopment works will be part of a new master plan for Gordon Park which still requires public consultation prior to commencement. Furthermore, Council currently has funding available for the construction of the new public toilet facilities; however, advice from the tennis club is that funding for the construction of the proposed development cannot be obtained until post development consent.

 

Having regard to the above, due to the uncertainty which results from the unknown completion of the proposed building and the new public toilets, demolition of the existing public toilets/clubhouse building will be undertaken as part of the Gordon Park redevelopment works to ensure there will not be a period where public toilets will not be available. Furthermore, a collaborative approach with regards to a new shared facility has not been undertaken between Council and the tennis club as there is uncertainty with regards to funding and it is considered that detached structures will still achieve a positive aesthetic and user friendly improvement to the existing park.

 

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

Due to the scale of the development and the location and modified environment of the site and its surrounds, it is not considered that the proposal will have any significant impacts 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)


 

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

 

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 defined as a community facility which is permissible with consent and is considered to be consistent with the relevant objectives of the zone.

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 due to its consistency with the existing land use and built form, location within a public reserve, and that the built form is compatible with the scenic character of the area.

·     There is no built form proposed which would result in any overshadowing on the coastal foreshore or any loss of views from a public place to the coastal foreshore.

·      The aesthetic appearance of the proposed building compared to the existing will improve the visual amenity and scenic quality of the coast.

·      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 is 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.

7.3 – Flood Planning

Yes

The proposed building will be located within an area of land mapped within the flood planning level (FPL). The existing ground level in the location of the proposed building is 3.2m AHD at the western elevation and slopes down to 2.5m AHD at the eastern elevation.

With the flood planning level of the site being 3.296m AHD, it is considered appropriate for the floor level to be raised to be equal to or above the FPL, with all construction materials being flood compatible and capable of withstanding a flood event. Conditions to this effect have been included within the recommended conditions of consent.

Having regard to the above, it is not considered that the proposal 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

The proposed development will be connected to reticulated sewer, water, and power.

7.6 - Earthworks

Yes

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

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

The site is not considered to be a potential koala habitat because specified feed trees do not constitute 15% of the total number of trees in the upper or lower strata of the tree component. It should also be noted that native vegetation will not be impacted by the proposal as the site is substantially modified.

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

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.

(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

 

NAMBUCCA DEVELOPMENT CONTROL PLAN 2010

 

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. This includes notification to the Nambucca Local Aboriginal Land Council. No 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

The proposal will not result in the increase in traffic generation to the site as it includes the replacement of a tennis clubhouse. No new tennis courts are proposed. Furthermore, the clubhouse adjoins an existing sealed public car park which has been recently constructed by Council to serve the tennis courts and public reserve.

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.

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.

The proposed development is assessed against the relevant matters for consideration prescribed by the regulation in the following table:

 

 

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.

Clause 92(1)(b) — For development involving building demolition, refer AS 2601

Yes

A condition has been included within the consent requiring any demolition works to be undertaken in accordance with AS2601.

 

(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

It is considered that the proposed development will improve the existing character of the site as it will result in a built form which is purpose built for the use as a tennis clubhouse and will be of a design which is more compatible with the site and surrounding area.

Access, Transport and Traffic

Existing access to and from the site is considered to be appropriate.

Public Domain

It is considered that the proposal will result in positive aesthetic impacts on the existing reserve, with existing amenities being maintained to the general public.

Utilities

The development will be connected to all necessary utilities.

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.

Water

Provision of reticulated water and stormwater drainage infrastructure has been conditioned as part of the consent.

Soils

Conditions requiring the installation and maintenance of erosion and sedimentation controls have been included within the recommended conditions of 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

There is suitable room on site for the storage of waste containers (with conditions for the storage and disposal of waste during construction included within the recommended conditions of consent.

Noise and Vibration

Construction hours have been conditioned.

Natural Hazards

Flooding and bushfire has been assessed as satisfactory earlier in this report.

Safety, Security and Crime Prevention

The proposed use of the building will result in it being periodically occupied. Developments such as this in public places are commonly subject to vandalism and break-ins. The applicants have proposed fencing which will assist in deterring antisocial behaviour. However, details of fencing were not provided and the proposal did not include security screens over the building windows and doors.

As such, a condition has been included within the recommended conditions of consent requiring security fencing and security screens to be provided to the satisfaction of Councils Manager Assets prior to the commencement of works.

It is considered that such a condition will minimise the potential costs of vandalism on the club and Council.

Social Impact in the Locality

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

Economic Impact in the Locality

Considering the minimal 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

 

It is considered that the site is suitable for the proposed development because of its existing use, improved aesthetics the proposal offers to the site and the subsequent minimal impacts on the natural, social, or economic environments. 

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

 

No submissions were received during the notification of the development application

 

(e)     The public interest

 

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

 

 

CONSULTATION:

 

Manager of Assets

Coordinator Strategic Planning and Natural Resources

Manager Technical Services

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the proposal will result in any significant impacts on the natural environment because of the sites location and highly modified condition.

 

Social

 

As discussed above, it is not considered that the proposed development will result in any significant social impacts on the locality.

 

Economic

 

The proposal will not negatively impact economic development within the area.

 

Risk

 

The proposal will not result in any greater risk than is already present.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

No additional impacts than what would already occur.

 

Source of fund and any variance to working funds

N/A

 

Service level changes and resourcing/staff implications

N/A

 

Attachments:

1

10841/2016 - Attachment 1 - Recommended Plans for Approval

 

2

10840/2016 - Attachment 2 - Recommended Conditons of Consent

 

  


Ordinary Council Meeting - 14 April 2016

Proposed Tennis Clubhouse

 







Ordinary Council Meeting - 14 April 2016

Proposed Tennis Clubhouse

 

Attachment 2 – 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/Sheet  No.

Prepared by

Dated

Site Plan 1

DA-01

-

-

Site Plan 2

DA-02

-

-

Site Plan 3

DA-03

-

-

Cover Page

1899E-1

Uniplan

9/2/16

Elevations

1899E-3

Uniplan

9/2/16

Floor Plan

1899E-2

Uniplan

9/2/16

 

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.

 

Annual Fire Safety Statement

 

2.         The owner of the premises must provide an annual fire safety statement to Council and the Fire Commissioner. An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that:

(a)   each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing to a standard no less than that specified in the current fire safety schedule,

(b)  the building has been inspected by a properly qualified person and was found, when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under Division 7 of the Environmental Planning and Assessment Regulation 2000.

 

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

 

Building Materials and Colours

 

3.       External building materials are to incorporate the use of muted, natural colours that will blend with, rather than stand out from, the landscape for major features such as walls and roofing. Prior to the issue of a construction certificate, a schedule of finishes which indicates the colour and type of all finished surfaces is to be submitted to Council for approval.

 

Flood Compatible Materials

 

4.       The plans and specifications which accompany the construction certificate application are to indicate the use of flood compatible materials below finished floor level. 

 

Flood Resistance

 

5.       The application for a Construction Certificate is to include plans and specifications that indicate the building has be designed so that all structural members will be capable of withstanding flood forces and the impact of any flotsam (carried by floodwaters) likely to occur for a range of floods up to and including the probable maximum flood estimated for the site. (Refer to the NSW Government’s Floodplain Management Manual for guidance on structural design of buildings in flood prone areas).

 

Sewer main to be relocated or protected

 

6.       The application for a Construction Certificate is to include Structural Engineer's details certifying that the design for the footings has taken into account the effect on the structure, should excavation of the sewer line be necessary.

 

          The sewer main shall be located prior to excavation works or fence post installation commencing

 

The plans and specifications are to be prepared by a qualified practising Civil Engineer. Such plans and specifications must be approved by Council prior to the issue of a Construction Certificate.

 

Stormwater details required

 

7.       The application for a Construction Certificate is to include plans and specification for construction of the realigned stormwater pipe.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

Engineering plans and specifications must include details in accordance with Appendix C of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

 

The plans must be in compliance with Council's Adopted Engineering Standards.

 

Security

 

8.       Security fencing is to be installed as located on the approved plans and security screens must be installed on all windows and doors. Details are to be provided to the satisfaction of Councils Manager of Assets prior to the commencement of works.

 

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

Construction Certificate

 

9.         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.

 

 

 

 

 

Erosion & sediment measures

 

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

 

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

 

Erection of Signs

 

11.        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

 

Floor Level

 

12.        The minimum floor level of the building shall be at or above 3.296m AHD.  This level is to be certified by registered Surveyor prior to the structure proceeding past the nominated level.

 

Building Code of Australia

 

13.     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.

 

Plumbing Standards and requirements

 

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

 

The Plumber must submit a Notice of Works (NoW) prior to any work being commenced on-site no later than 2 business days before the work is carried out.

 

Construction times

 

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

 

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

 

Builders rubbish to be contained on site

 

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

 

 

 

 

Maintenance of sediment and erosion control measures

 

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

 

Standards for demolition work

 

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

Discovery of a Relic

 

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

 

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

 

Works to be completed

 

20.     All of the works indicated on the plans and required 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.

 

Occupation Certificate

 

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

 

Damage to Council’s Infrastructure

 

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

Bushfire Protection

 

23.              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 property 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’.

Advice: An inner protection area must provide a tree canopy cover of less than 15% and be located greater than 2 metres from any part of the roofline of a dwelling. Garden beds of flammable shrubs are not to be located under trees and not be closer than 10 metres from an exposed window or door. Trees must have lower limbs removed up to a height of 2 metres above the ground. Grass must be maintained below 100mm.

(b)   Water and Utilities

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

(c)    Design and Construction

New construction on all elevations shall comply with Sections 3 and 5 (BAL 12.5) of Australian Standard AS3959-2009 ‘Construction of Buildings in Bushfire Prone Areas’ and Section A3.7 Addendum Appendix 3 of ‘Planning for Bushfire Protection”.

(d)   Landscaping

Landscaping to the site is to comply with the principles of Appendix 5 of ‘Planning for Bushfire Protection 2006’.

 

Fire Safety Certificate

 

24.       A Fire Safety Certificate shall be furnished to the PCA for all the “Essential Fire or Other Safety Measures” forming part of this approval prior to issue of an Occupation Certificate.  A copy of the Fire Safety Certificate must be submitted to Council by the Principal Certifying Authority with the Occupation Certificate.

            In accordance with the Environmental Planning and Assessment Regulation 2000:

(a)  A final Fire Safety Certificate shall state that each essential fire safety measure specified in the current Fire Safety Schedule for the building to which the Certificate relates:

(i)        has been assessed by a properly qualified person; and

(ii)   was found, when it was assessed, to be capable of performing to a standard not less than that required by the current fire safety schedule for the building for which the Certificate is issued.

(b)  The assessment must have been carried out within the period of three (3) months prior to the date on which the final Fire Safety Certificate is issued.

(c)  The choice of person to carry out the assessment is up to the owner of the building.

(d)  The person who carries out the assessment:

(i)      must inspect and verify the performance of each fire safety measure being assessed; and

(ii)     must test the operation of each new item of equipment installed in the building premises that is included in the current Fire Safety Schedule for the building.

(e)    As soon as practicable after a final Fire Safety Certificate is issued, the owner of the building to which it relates:

(i)    must cause a copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be given to the Commissioner of New South Wales Fire Brigades; and

(ii)   must cause a further copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be prominently displayed in the building.

 

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 the development does not conflict with the public interest.

 


Ordinary Council Meeting                                                                                                    14 April 2016

General Manager's Report

ITEM 9.5      SF1541            140416         Planning Proposal - Addition to House Keeping Amendment - Waratah St Scotts Head

 

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

 

Summary:

 

The purpose of this report is to gain a Council resolution to support a proposed LEP amendment at 54 Waratah Street Scotts Head with the purpose of amending the existing R3 Medium Density Zone on Lot 12 DP 528491 to B4 Mixed Use consist with the recent amendment in Adin Street Scotts Head.

 

It is recommended that Council include this amendment in the housekeeping changes presently being considered by the Department of Planning and Environment.

 

 

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 resolve to rezone land at 54 Waratah Street Scotts Head from R3 Medium Density Residential to B4 Mixed Use and submit the amendment to the Minister of Planning and Environment for Gateway Determination in accordance with the Environmental Planning and Assessment Act 1979. It will be requested that this amendment be included as part of Councils recent gateway application for a housekeeping amendment.

 

 

 

OPTIONS:

 

Council may choose not to proceed with this amendment.

 

 

DISCUSSION:

 

Council will recall that last year they supported a planning proposal to amend the zoning of land at Adin St from Commercial zoned land to mixed use zone land. During the exhibition of this planning proposal the owner of 54 Waratah Street made a submission to Council to extend the proposed mixed use zone to 54 Waratah Street.  In considering this submission Council resolved to provide owner of this property the opportunity to provide more detail of their proposal so it could be more appropriately considered.

 

On the 30th July 2015 Council resolved the following in respect to Adin Street Scotts Head and 54 Waratah Street.

 

That Council proceed with the proposed amendment as drafted in this report.

 

2        That pursuant to Clause 59(1) of the Environmental Planning and Assessment Act 1979 Council request that a draft instrument be prepared by contacting Parliamentary Counsel directly in accordance with Council’s delegated powers.

 

3        That those persons/agencies that made submissions be advised of Council's decision.

 

4        That the owner of 54 Waratah Street be invited to provide Council with a concept plan for the proposed redevelopment of their land so that Council may further consider the appropriateness of their requested rezoning.

 

The owner has since provided plans of demonstrating that mixed use development could be achieved on the site subject. It is noted that the plans should not be considered approved plans and may require significant modifications and refinements to be acceptable to Council and meet relevant Australian standards.

 

The proposal is a minor extension to the proposed mixed use zone on Adin Street and will maintain the existing site densities. It is not proposed to amend the Floor Space Ratio at this site.

 

The amendment of this site to a mixed use zone will extend the potential for landuse conflicts with the adjoining medium residential density zones to the south and west of the site. Council’s DCP requirements provide development controls to minimise land use conflicts where mixed use or commercial zoned land adjoin residential development. Future development of the site will need to ensure the development controls are adhered to or appropriate justification provided to vary the controls. Appropriate conditions of consent would be applied to the future development giving consideration the local amenity.

 

It is recommended Council resolve to support the amendment to a mixed use zone at 54 Waratah Street and the amendment be incorporated into the Housekeeping amendment presently being considered by the Department of Planning and Environment.

 

 

CONSULTATION:

 

Manager of Planning and Environment

Senior Town Planner

Technical Officer Planning and Environment

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed amendment will not result in any significant environmental impacts

 

Social

 

The proposed amendment may extend the potential for landuse conflicts however it is expected that these can be appropriately managed at the development application phase.

 

Economic

 

The proposed amendment will extend the potential for commercial activity in Scotts Head. This will in part offset the recent amendment of land in Adin Street from Commercial to Mixed use which may allow the land to be developed entirely for residential development.

 

Risk

 

It is expected that any risks associated with this amendment can be managed.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

This amendment was the result of a reasonable submission to another LEP amendment being prepared by Council, it is not intended to charge fees to action this amendment and it would be incorporated into Councils Housekeeping amendment already underway.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    14 April 2016

General Manager's Report

ITEM 9.6      SF2172            140416         Minutes of the Nambucca Shire Council Access Committee meeting held 23 February 2016

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 23 February 2016 are attached for Council’s endorsement. 

 

The Committee made the following recommendation for Council’s attention.

 

That the Committee supports the improvements to public amenities as outlined and that the Council staff be thanked for their continued work to improve facilities for people with disabilities.

 

That the Committee note discussions and possible funding for change facilities for adults with disabilities at Macksville Memorial Aquatic Centre.

 

 

 

Recommendation:

 

1.       That a note of thanks from the  Access Committee be passed on to Council staff for their continued work to improve facilities for people with disabilities, particularly in regard to the improvements to public amenities.

 

2.       That Council note discussions regarding change facilities for adults with disabilities at Macksville Memorial Aquatic Centre and that although an application for funding did not proceed on this occasion, the concept be listed for forward planning.

 

3.       That Council endorse the remaining minutes of the Nambucca Shire Council Access Committee meeting held 23 February 2016.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

ACCESSIBLE PUBLIC TOILETS

 

The Committee discussed the new public toilets at Bellwood Park which provides 2 accessible toilets (of opposite configurations ie one left hand and one right hand); and then the planning for 3 toilet blocks: at Shelley Beach and Gordon Park Nambucca Heads similar to the Bellwood Park design; and modifications to existing toilets at Valla Beach to include an accessible toilet.  The Committee noted that progress on individual projects is subject to funding but were very pleased that facilities are improving.

 

CHANGE FACILITIES FOR ADULTS WITH DISABILITIES AT MMAC

 

Unfortunately this project did not proceed due to the cost of renovating the existing external accessible toilet and the cost of equipment needed for adult change facilities.  A table and hoist cost around $20,000 and only up to $35,000 grant funding was available.  The exercise has however highlighted the following:

·      The demand for this type of facility due to the number of adults with disabilities using the centre. 

·      A more detailed costing of a facility would be useful if future funding were to become available.

·      The lack of storage generally at MMAC and need for a solution as the external accessible toilet is sometimes used to store equipment.  There are however 2 internal accessible toilets. 

 

CONSULTATION:

 

Nothing required

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Nothing identified

 

Economic

 

Nothing identified

 

Risk

 

Nothing identified

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on budgets resulting from this report.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nothing identified

 

Attachments:

1

6369/2016 - Minutes - Access Committee - 23 February 2016

 

  


Ordinary Council Meeting - 14 April 2016

Minutes of the Nambucca Shire Council Access Committee meeting held 23 February 2016

 

PRESENT

 

Cr E South (Chairperson)

Cr A Smyth

Mr Peter Shales

Dr Dorothy Secomb

Ms Coral Hutchinson

 

 

APOLOGIES

 

Mr Keith Davis

Ms Alba Sky

Ms Lee-anne Funnell

Mr Les Small

Mrs Margaret Hutchinson

Ms Jenny Adams

 

Assistant General Manager Corporate Services Report

ITEM 3.1      SF2172              230216      Confirmation of the Minutes of the Previous Meeting held  24 November 2015.

Recommendation: (SECOMB/SHALES)

 

That the Committee confirm the minutes of the meeting held 24 November 2015.

 

ITEM 3.2      SF2172              230216      Business Arising from Previous Meeting held 24 November 2015

Recommendation: (SECOMB/SHALES)

 

That the matters arising be noted.

 

 

ITEM 3.3      SF2172              230216      Correspondence to the Access Committee meeting 23 February 2016

 

The correspondence was noted.

 

 

ITEM 3.4      SF2172              230216      Report on General Business to the Access Committee 23 February 2016

Recommendation: (smyth/secomb)

 

1          That the reports be noted.

 

2          That the Committee supports the improvements to public amenities as outlined and that the Council staff be thanked for their continued work to improve facilities for people with disabilities.

 

3          That the Committee note discussions and possible funding for facilities for adults with disabilities at Macksville Memorial Aquatic Centre.

 

   

NEXT MEETING DATE

 

The next meeting will be held on 22 March commencing at 2pm in the Council COMMITTEE ROOM.

Note:  Peter Shales and Fiona Henwood are apologies.

 

CLOSURE

There being no further business the Chairperson then closed the meeting the time being 3.18 pm. 

 

 

CR SOUTH

………………………………

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                    14 April 2016

General Manager's Report

ITEM 9.7      SF2172            140416         Minutes of the Nambucca Shire Council Access Committee meeting held 22 March 2016

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 22 March 2016 are attached for Council’s endorsement. 

 

As there were no formal recommendations to Council from this meeting, the minutes are presented for information.

 

 

 

Recommendation:

 

That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 22 March 2016.

 

 

OPTIONS:

 

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

 

DISCUSSION:

 

Nothing required in this instance.

 

CONSULTATION:

 

Nothing required

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Nothing identified

 

Economic

 

Nothing identified

 

Risk

 

Nothing identified

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on budgets resulting from this report.

 


Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nothing identified

 

Attachments:

1

8852/2016 - Minutes - Access Committee - 22 March 2016

 

  


Ordinary Council Meeting - 14 April 2016

Minutes of the Nambucca Shire Council Access Committee meeting held 22 March 2016

 

PRESENT

 

Cr E South (Chairperson)

Mr Les Small

Cr A Smyth

Dr Dorothy Secomb

Mr Keith Davis

Ms Alba Sky

Ms Coral Hutchinson

 

 

APOLOGIES

 

Ms Lee-anne Funnell

Ms Jenny Adams

Mr Peter Shales

Ms Margaret Hutchinson

Ms Fiona Henwood (Guide Dogs)

 

Assistant General Manager Corporate Services Report

ITEM 3.1      SF2172              220316      Confirmation of the Minutes of the Previous Meeting held 23 February 2016

Recommendation: (secomb/smyth)

 

That the Committee confirm the minutes of the meeting held 23 February 2016.

 

 

ITEM 3.2      SF2172              220316      Business Arising from Previous Meeting held 23 February 2016

Recommendation: (SMALL/SOUTH)

 

That the matters arising be noted, including the current exhibition of Gordon Park plans with particular note of proposed location and design of the public toilets.

 

 

ITEM 3.3      SF2172              220316      Correspondence to the Access Committee meeting 22 March 2016

 

The correspondence was noted.

 

 

ITEM 3.4      SF2172              220316      Report on General Business to the Access Committee 22 March 2016

Recommendation:

 

Matters discussed included:

 

1.   Seniors Week lunch 6 April 2016.

2.   ABC Mornings – interview with a blind garden designer living in Nambucca Heads, an inspiration for the Committee.

3.   The Committee expressed concern about Coffs Harbour Access Advisory Committee’s discussions - restricting access to accessible toilets to only those with obvious physical disabilities. 

4.   The development of the Disability Inclusion Action Plan.

 

 

   

NEXT MEETING DATE

The next meeting will be held on 26 April 2016 commencing at 2.00pm.

 

CLOSURE

There being no further business the Chairperson then closed the meeting the time being 3.00 pm. 

 

………………………………

CR SOUTH

(CHAIRPERSON)


Ordinary Council Meeting                                                                                                    14 April 2016

General Manager's Report

ITEM 9.8      SF2173            140416         Outstanding DAs greater than 12 months OR where submissions received - 23 March - 5 April 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 resolved on 31 March 2016 to accept APZ on road reservation and adjoining reserve.  DA to be reported to Joint Regional Planning Panel on a date to be fixed.

 

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 received from DPI advising information submitted with DA is inadequate.  Applicant has been provided with 30 days to supply the required information.

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:  Applicant to submit an ecological report on trees to be removed.  When the report is received the DA will be referred to Council for determination.

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 people lodged submissions to the original plans lodged with Council and three of them have lodged submissions (the fourth objector is not very unwell) about the amended plans lodged with Council – they all oppose the proposal, both the initial and amended plans.

·           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

·           Updated plans still show a three storey building, not two storeys and an attic

·           Setbacks deficient, footprint has been underestimated, DSZ deficient, not compliant with height, bulk and scale, still restricts views, excavations still excessive, no stormwater plans, does not fulfil the aesthetic criteria of the DCP

·           Variations from DCP are significant – revised plans have only been amended minimally

·           Applicant has paid little or no regard to issues raised by objectors

·           Proposed communal fencing unsatisfactory

·           Proposed retaining wall may lead to drainage issues

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 (contamination report) 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

Thirteen submissions have been received – they oppose 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 – village atmosphere will be affected

·           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 – will have a severe impact on 64 Waratah Street

·           Additional pressures on water and sewerage

·           May damage nearby buildings during construction

·           Will set a precedent for high-rise development

·           Doesn’t comply with planning provisions and controls

·           Not enough information with application

·           Existing and future impact of development have not been considered by the applicant

STATUS: Being assessed – additional information required from applicant

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/093/01

1 March 2016

Depot (Modification)

Lot 202 DP 841112, 765 Wilson Road, Congarinni North

One submission has been received – it opposes the proposed modifications

·           Proposed changes make the development prohibited development and will affect the amenity of the area

·           Sealed driveway requirement should be changed as it is a requirement under the Roads Act

·           Servicing of trucks/machinery will create excessive noise

·           Pacifico’s hours of operations mentioned by the applicant are incorrect

·           “No financial gain” to owner should not be relevant

STATUS:  Reported to Council’s meeting on 14 April 2016

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2016/038

2 March 2016

Demolition of existing dwelling and erection of new dwelling

Lot 51 DP 533915, 9 Ocean Street, Scotts Head

Two submissions have been received – both oppose the proposal

·           Removal of asbestos and tree to be done with care

·           New trees need to be smaller and non-invasive

·           Height of proposed building will cause over-shadowing

·           Privacy issues unless ends of balcony are closed in

·           Stormwater should be discharged to Ocean Street

STATUS:  Approved

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    14 April 2016

General Manager's Report

ITEM 9.9      SF2173            140416         2016 March - Received Development Applications and Complying Development Applications

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

Council at its meeting 16 January 2014 resolved:

 

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

 

Attached is a list of Development Applications and Complying Development Applications received in March 2016 as at 5 April 2016.

 

 

Recommendation:

 

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

 

 

 

Attachments:

1

11447/2016 - 2016 March - Development Applications and Complying Development Applications Received

 

  


Ordinary Council Meeting - 14 April 2016

2016 March - Received Development Applications and Complying Development Applications

 




Ordinary Council Meeting                                                                                                    14 April 2016

General Manager's Report

ITEM 9.10    SF2173            140416         2016 March - Approved Construction Certificates and Complying Development Certificates

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of March 2016 as at 5 April 2016.

 

 

Recommendation:

 

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

 

 

Attachments:

1

11445/2016 - 2016 March - Construction Certificates and Complying Developments Approved

 

  


Ordinary Council Meeting - 14 April 2016

2016 March - Approved Construction Certificates and Complying Development Certificates

 



 


Ordinary Council Meeting                                                                                                    14 April 2016

Corporate Services

ITEM 10.1    SF2116            140416         Investment Report To 29 February 2016

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2015 to 30 June 2016 is expected to be around $1,058,920.

 

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

 

Council currently has $34.107 Million invested:

 

·      $   5.764     Million with Managed Funds,

·      $   3.911     Million with On Call Accounts

·      $ 21.432      Million on Term Deposits

·      $   3.000     Million with Floating Rate Notes

 

This report details all the investments placed during March and Council funds invested as at 31 March 2016.

 

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

 

 

 

C P Doolan

Responsible Accounting Officer

 

 

Recommendation:

 

That the Accountants’ Report on Investments placed to 31 March 2016 be noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

DISCUSSION:

 

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

 

CONSULTATION:

 

Grove Research and Advisory

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

Risk

 

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

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

Interest on investments will be assessed with the March 2016 Budget Review, Variances will be distributed between the Water, Sewerage and General Funds for the financial year each quarter.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    14 April 2016

Corporate Services

ITEM 10.2    SF251              140416         Schedule of Council Public Meetings

 

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

 

SUMMARY:

 

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

 

 

Recommendation:

 

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

 

 

2016

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

14 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                                                                                                    14 April 2016

Assistant General Manager Engineering Services Report

ITEM 11.1    SF2218            140416         Tender for Supply and Delivery of Modular Concrete Bridge Components (SPT081617NAM)

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services; Stephen Fowler, Engineering Designer         

 

Summary:

 

Regional Procurement conducted a Panel Source tender via open tender for the Supply & Delivery of Modular Concrete Bridge Componentry on behalf of Nambucca Shire Council (SPT081617NAM), in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

 

Tenders closed at 10.00am on Tuesday 29/03/2016 and a tender evaluation report (TRIM 11750/2016) is attached to the confidential report in Closed Meeting.

 

NOTE:  As per Clause 31 of Council's Code of Meeting Practice a division is required for all tenders considered at Council meetings, which requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

 

Recommendation:

 

1        That Council accept tenders from the following suppliers:

                   Holcim(Australia) Pty Ltd t/as Humes

                   Rocla Pipeline Products

                   Waeger Constructions Pty Ltd

 

2        That the panel contract is to run for a period of 24 months commencing 15 April 2016 to 15 April 2018.

 

3        That a provision be allowed for a 12 month extension based on satisfactory supplier performance which may take SPT081617NAM contract through to 15 April 2019.

 

 

 

OPTIONS:

 

There are three options that can be considered as follows:

 

1        Accept the conforming tender submissions that were received prior to the nominated closing date and time. 

2        Reject all tenders

 

 

DISCUSSION:

 

The construction of concrete bridges in lieu of timber bridges is a cost effective option to increase the asset life and reduce depreciation of council assets.  The use of modular components allows construction by Councils Bridge Crew in a repetitive process that increases efficiency.  Using precast components allows the majority of the construction to be undertaken in-house with only pile installation to be carried out by subcontractors.

 

The Tender Evaluation report is attached to the confidential report in Closed Meeting for Council’s information and no further discussion is considered necessary.

 

 


CONSULTATION:

 

Regional Procurement

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The acceptance of the tender recommendations has no direct environmental impact.

 

Social

 

The acceptance of the tender recommendations has no direct social impact.

 

Economic

 

The tender provides Council the opportunity to source modular concrete bridge components from experienced suppliers without having to invite tenders for each individual bridge.  This will allow the council the flexibility and efficiency to select the best option for each situation.

 

Risk

 

There is no risk associated with the acceptance of the tender recommendations

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of funds and any variance to working funds

 

Source of funding is within the council approved budget for capital and maintenance works .

 

 

Service level changes and resourcing/staff implications

 

There are no implications related to levels of service and resourcing.

 

Attachments

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    14 April 2016

Assistant General Manager Engineering Services Report

ITEM 11.2    SF90                140416         Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

The agenda and minutes of the Nambucca Shire Traffic Committee meeting held on 5 April 2016 are attached for Council’s information and adoption.

 

In relation to GB6/16 - Caltex Service Station, Mann Street, Nambucca Heads – please refer to the attachment showing proposed design.

 

 

Recommendation:

 

That Council:

 

1        i)        Note the contents of the report into the merits of nose-to-kerb on-street parking in Bowra Street, Nambucca Heads and retain the existing rear-to-kerb angled parking arrangements

 

ii)       Thank the Nambucca & Valla Chamber of Commerce for their interest in trialling an amended parking arrangement in Bowra Street Nambucca Heads and notify them of the reasons why it is not feasible for a trial.

 

2        Install signs to reinforce No Stopping restrictions at the corner of Ridge and Hill Streets, Nambucca Heads.

 

3        i)        Approve the road closures subject to the following being received by Council:

 

·           Certificate of Currency for Public Liability Insurance

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

·           Police approval for the road closure.

 

          ii)       Endorse the road closures for the ANZAC DAY marches to be held on ANZAC DAY 25 April 2016, following the receipt of the appropriate documents from the Returned and Services League of Australia, Macksville, Bowraville and Nambucca Heads branches, as follows:

 

          a        Macksville - Dawn Service between 0500 and 0630 hours; and again between

                                      1030 and 1230 hours;

 

          b        Bowraville - between 0945 and 1115 hours; and

 

          c        Nambucca Heads - between 0830 and 0930 hours.

 

          iii)      Advertise the road closures seven (7) days prior to Anzac Day March.

 

 

4        Install signage advising motorists of a NO PARKING zone outside 11 Ocean Street, Scotts Head.

 

5        i)        Aprove the extension of the Cook Street Bus Zone for an additional 20m south.

 

         ii)       Replace bus zone signage to remove inconsistences and reflect actual bus company usage.

 

          iii)     Note that at this stage there is no funding available for an additional set flashing lights at the School Zone as requested by the Bowraville Central School.

 

6        Adopt the interim road safety measures including “No Stopping” signs and “Keep Clear” line marking as recommended by Traffic Engineers Colston Budd Hunt & Kapes Pty Ltd.

 

7        Change School Bus Zone times at Macksville High School to 8.00 am – 9.00 am and 2.30 pm – 4.00 pm School Days.

 

 

 

 

OPTIONS:

 

Seek clarification or refer matters back to the Traffic Committee.

 

 

DISCUSSION:

 

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

 

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

 

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

 

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

 

The Nambucca Shire Traffic Committee meets every two months, generally on the first Tuesday of that month.  The members of the Committee met on 5 April 2016 and determined a number of matters as per the attached Agenda and Minutes. 

 

 

CONSULTATION:

 

Greg Aitken                     Roads and Maritime Services

Barry Reid                       Members Representative

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental impact as a result of the recommendations.

 

Social

 

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

 


Economic

 

No economic impact as a result of the recommendations.

 

Risk

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

Working fund

 

Service level changes and resourcing/staff implications

 

Time associated with installation signs.

 

Attachments:

1

10105/2016 - Agenda - Nambucca Shire Traffic Committee - 5 April 2016

 

2

11159/2016 - Minutes - Nambucca Shire Traffic Committee - 5 April 2016

 

3

11850/2016 - Letter - Improvements Adjacent to Woolworths Caltex Service Station

 

  


Ordinary Council Meeting - 14 April 2016

Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016

 

NAMBUCCA SHIRE COUNCIL

 

Nambucca Shire Traffic Committee Meeting - 05 April 2016

COMMENCING AT 10.30 am AT COUNCIL’S ADMINISTRATION CENTRE

 

 

 

AGENDA                                                                                                   Page

 

 

1        APOLOGIES

2        DISCLOSURE OF INTEREST

3        CONFIRMATION OF MINUTES —

Nambucca Shire Traffic Committee Meeting - 4 March 2016

4        manager technical services Report

4.1     Angle Parking, Bowra Street, Nambucca Heads...................... Error! Bookmark not defined.

4.2     Parking restrictions - Corner of Ridge and Hill Streets, Nambucca Heads Error! Bookmark not defined.

4.3     Temporary Road Closures for Events on Roads - Anzac Day Marches Error! Bookmark not defined.

4.4     Additional No Parking Restriction - Ocean Street, Scotts Head Error! Bookmark not defined.

4.5     Extension of bus zone - Cook Street, Bowraville.................... Error! Bookmark not defined.  

 

5        GENERAL BUSINESS

6        NEXT MEETING DATE – 7 June 2016

7        CLOSURE

 

 


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).

 

           


Ordinary Council Meeting - 14 April 2016

Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016

 

Assistant General Manager Engineering Services Report

ITEM 4.1      SF95                050416         Angle Parking, Bowra Street, Nambucca Heads

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

This report considers the merits of changing to nose-to-kerb on-street parking arrangements in Bowra Street, Nambucca Heads.

 

The report recommends that there is no need for change, as change to nose-to-kerb parking comes at a cost in dollar terms, the loss of car parking spaces and the loss of ability for many drivers to re-enter the traffic flow safely.

 

 

Recommendation:

 

1        That Council note the contents of the report into the merits of nose-to-kerb on-street parking in Bowra Street, Nambucca Heads.

 

2        That Council retains the existing rear-to-kerb angled parking arrangements.

 

 

OPTIONS:

 

Conduct a 6 month trial period of nose-to-kerb on-street parking arrangements in Bowra Street, Nambucca Heads and Council receive a further report on the outcome of the trial period.

 

 

DISCUSSION:

 

Council previously called for a report regarding nose-to-kerb parking including what other local government areas are doing in regard to parking; the pros and cons of various ways of parking; as well as a parking strategy for Council’s consideration. 

 

At its meeting 15 October 2015 Council resolved as follows:

 

3        That the Nambucca Chamber of Commerce be asked their position as to whether they prefer nose to kerb or rear to kerb parking.

 

The matter was discussed with Nambucca & Valla Chamber of Commerce regarding the pros and cons of the direction of on street parking and they have requested their own trial of front to kerb 450 angle parking.

 

Background

 

The predominant number of on street angled parking spaces across the Nambucca Heads town centre are reverse angle 90 degrees, reverse angle 60 degrees, or parallel to kerb parking.  The actual reverse angle parking in Bowra Street varies and a majority of spaces are in the order of 70-80 degrees, this would be due to insufficient room available for 90 degree angle parking.

 

Council engaged Rupert G H Milne Home, Landscape Consulting to develop the Nambucca Heads Town Centre Streetscape and Traffic Management Plan.

 

A questionnaire sent to and completed by residents in Nambucca Heads and the Plan was adopted by Council in 2004 and incorporated landscaped blister arrangements to complement a reverse parking strategy throughout the CBD.  A majority of the blisters have been installed at significant expense to reflect the plan.  

 

Some of the pros and cons of each method of parking presented to the community were as follows:

Nose-To-Kerb Angle Parking

 

Points for:

 

1        Exhaust fumes are directed away from pedestrian areas and shops.

2        Ease of parking and positioning vehicle within lines.

3        Improves traffic flow.

 

Points against:

 

1        Lack of vision caused by adjacent vehicles when reversing from parking bay into traffic.

2        Through traffic unlikely to allow vehicles out of space.

3        Restricted manoeuvring area when reversing out.  Vehicles likely to use both through lanes if existing 60º angle is maintained.

4        To improve the reversing manoeuvre a 45º angle will have to be implemented. This will result in a loss of parking spaces.

5        Danger to persons loading and unloading boot of car or station wagon – mothers with prams; groceries etc. and service vehicles such as bread vendors etc.

6        Consideration should also be given to the age and physical capability of the drivers using this parking.  Drivers may have difficulty in turning their head sufficiently and whilst this applies to Rear-to-kerb they have the opportunity to make an alternate choice before they are committed.

7        Need to consider changes to all angled business centre parking to provide consistency throughout the Shire.

 

Rear-To-Kerb Angle Parking

 

Points for:

 

1        Easy to exit parking bay.

2        Choice of travel direction after exiting parking bay.

3        Moderates speed of through traffic while parking.

4        Persons loading and unloading boots of cars and station wagons can do so in relative safety as can persons accessing service vehicles.

 

Points against:

 

1        Reversing into space interrupts traffic flow.

2        As with Nose-to-kerb some drivers may have difficulty in turning their head sufficiently, however, there is an opportunity to make an alternate choice before being committed.

3        Exhaust fumes are directed toward shops and onto pedestrian areas.

4        Towbars overhang – problem for pedestrians.

 

The response to the 2004 questionnaire was sizeable with nearly 900 responses received.  The community demonstrated significant support for the retention of rear-to-kerb parking with an overwhelming response of 634 for and 236 against.  Council subsequently resolved to maintain the existing rear-to-kerb angle parking.

 

As a result of the questionnaire the Town Centre Management Plan was adopted and blisters have since been constructed, at significant cost, to suit reverse parking angles.  Changing to nose in parking will result in the net loss of parking bays and cost upwards of $50k to implement, possibly more.

 

Council has previously received a letter from Nambucca Heads Chamber of Commerce requesting the Traffic and Access Committees consider changes to rear-to-kerb parking in Bowra Street.  The contents of the letter follow:

 

“Chamber discussed the letter received from Tom Sawtell regarding front end parking Bowra St. Chamber has taken the position that rear parking may constitute:

 

•    danger to pedestrians, particularly those who are vision impaired, with protruding tow bars or dangerous overhanging tray bodies.  Tom has incurred injuries in recent times.

•    a potential health hazard to employees who work in shops with open doors allowing exhaust gases to more easily enter the premises

•    detracts from the residential and tourist amenity by having exhaust gases freely accessing footpaths especially at venues with outdoor footpath dining.

 

Accordingly, Chamber requests that the Traffic Committee and the Access Committee assess the position of Council to this issue.”

 

Council’s Engineers wrote back to the Chamber regarding recent history on the matter and have since received the following advice:

 

“At its meeting on Monday (11/11/13) the Chamber decided not to proceed with action on parking in Bowra St. While Chamber can see benefits to front end parking the issues of safety, cost and loss of spaces were prevailing arguments.”

 

Current 2015 / 2016

 

Now the matter has been revisited and trial of front to kerb parking has been approved for River Street, Macksville, the Nambucca & Valla Chamber of Commerce have requested their own trial of front to kerb 450 angle parking.

 

There is also some concern with reversing back into traffic flow however a majority of members view the following points outweigh the ease of re-entering traffic flow:

 

•        Reduced Exhaust emissions into the shops

•        Ease of Parking

•        Ease of locating vacant parking bays

•        Less disruption to traffic flow

•        Less conflict with roadside furniture (Power poles/signs)

•        Pedestrian Safety (overhang of utes and tow bars)

 

Nambucca & Valla Chamber of Commerce also consider the results of the 2004 questionnaire are no longer relevant as it was conducted 12 years ago and parking standards have changed in that time.

 

In general discussion with Local Traffic Committee members at previous meetings there was little support for a change to the direction of parking in Bowra Street, Nambucca Heads, with the main concerns being:

 

·              Lack of vision caused by adjacent parked vehicles when reversing from parking bay into traffic.

·           Insufficient road width to allow for a vehicle reversing out of a parking bay. The through carriageway is immediately adjacent to the parking bays, the luxury of a buffer is not available, vehicles’ reversing straight into a through carriageway is considered to be dangerous particularly where no sight distance is available.

 

 

CONSULTATION:

 

Nambucca & Valla Chamber of Commerce

Council

 

 


SUSTAINABILITY ASSESSMENT:

 

 

Environment

 

Unacceptable vehicle exhaust fumes directed onto pedestrian footpath and dining areas support change to nose-to-kerb parking.

 

Social

 

The report supports a number of pro’s and con’s that would be considered either socially acceptable or unacceptable.

 

Economic

 

The report does not investigate the economic impacts; however café owners would envisage greater patronage at footway dining areas if levels of exhaust fumes from reversing cars are reduced, however loss of parking spaces would have a negative impact for the remainder of town

 

Risk

 

There is an identified increased risk of vehicular collisions where motorists reverse blindly into oncoming traffic if nose-to-kerb parking is adopted.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost of implementing the changes will be at least $50,000 for Nambucca Heads

 

Source of fund and any variance to working funds

 

Grant applications from Roads and Maritime Services

 

Service level changes and resourcing/staff implications

 

There are limited service level changes and resourcing/staff implications as a result of this report.

 

Attachments:

1

36688/2015 - Submission on Parking - Bowra Street, Nambucca Heads

 

  


Ordinary Council Meeting - 14 April 2016

Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016

 

 

 

Mr Michael Coulter

General Manager

Nambucca Shire Council

 

Dear Michael

 

Re: Submission on parking proposal Bowra Street Nambucca Heads

 

Chamber requests that Nambucca Shire Council considers a 3 to 6 month trial of Front to Kerb parking at 45o in Bowra St between Ridge St and Rosedale St.

 

Chamber lists the following in support of the proposal:

 

Exhaust emissions

·    The current rear to kerb parking creates a disincentive for tourist and residents to utilise al fresco and indeed indoor dining.

·    Shops which attract high levels of entry such as clothing, knick knacks, surfing must keep their doors open to attract passing trade which means the shop interiors are exposed to excessive emissions.

·    Tourists and residents with young children are exposed to direct emissions as they walk the pathway.

Ease of parking

·    Parking will occur into an unobstructed space at an easy angle to enter

Motorist confusion

·    The current rear to kerb is difficult to see vacant parking spaces causing sudden braking in flowing traffic resulting in tail gate accidents

·    Nose to kerb parking allows clear visibility of upcoming vacant spaces and single movement to enter the vacant space.

Traffic flow

·    Reversing from nose to kerb parking should occur when passing traffic will not be disrupted. The 45o angle will alow a reasonable view (as compared to a 60o angle)


 

 

 

Impact with kerb obstructions

·    Current rear to kerb parking results in multiple daily impacts with kerbs and poles

·    Nose to kerb allows motorist to more clearly view and avoid obstacles whilst moving in a normal forward movement.

Pedestrian safety

·    Rear to kerb parking poses many risks for pedestrians including vehicle projections (tow bars, rear opening boot doors, overhanging objects on tradesmen’s vehicles) and possible gutter jumping.

 

Chamber does recognise the concerns of:

 

Loading/Unloading vehicles

·    Chamber feels that the 45o angle will allow sufficient extra space to enable loading/unloading to be carried out safely.

Traffic and cyclist safety

·    This is an area of concern but if motorists practice due caution should have no greater impact than the current rear to kerb parking situation.

 

With the imminent bypass of Nambucca Valley it is imperative that Nambucca Heads creates a tourism hub for its continued prosperity. Chamber feels that nose to kerb parking is one factor that can influence this development.

 

Yours sincerely

Description: 0 Signature 1.jpg

 

Tony Stokes

Secretary/Treasurer

10.11.2015

 

Cc Mayor Rhonda Hoban, Keith Williams

 

 

 

 

 

 


Ordinary Council Meeting - 14 April 2016

Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016

 

Assistant General Manager Engineering Services Report

ITEM 4.2      SF95                050416         Parking restrictions - Corner of Ridge and Hill Streets, Nambucca Heads

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

No Stopping signs are required at the corner of Ridge and Hill Streets, Nambucca Heads to enforce No Stopping restrictions and allow room for vehicular manoeuvres.

 

 

Recommendation:

 

That Council install signs to reinforce No Stopping restrictions at the corner of Ridge and Hill Streets, Nambucca Heads.

 

 

OPTIONS:

 

Retain existing layout with no signposts.

 

DISCUSSION:

 

Council’s Ranger has advised parents continue to park in the No Stopping zones adjacent to and opposite Nambucca Heads Public School.  The vehicles parked adjacent to busy road junctions are creating a hazard for motorists, pedestrians and school children.  It is proposed to install No Stopping signs to reinforce the No Stopping road rule.

 

CONSULTATION:

Council’s Ranger

 

SUSTAINABILITY ASSESSMENT:

 

Environment

No impact

 

Social

No Impact

 

Economic

No Impact

 

Risk

There is a risk a vehicle pedestrian collision of the road rules are no adhered to.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

$300

 

Source of fund and any variance to working funds

RMS signage grant

 

Service level changes and resourcing/staff implications

2 hours for signs officer to install.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting - 14 April 2016

Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016

 

Engineering Services

ITEM 4.3      SF2193            050416         Temporary Road Closures for Events on Roads - Anzac Day Marches

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received requests for temporary road closures for the ANZAC DAY marches to be held on ANZAC DAY 25 April 2016, from the Macksville, Bowraville and Nambucca Heads branches of the Returned and Services League of Australia details as follows:

 

1        Macksville             Dawn Service between 0515 and 0545 hours; and again between 1100 and                                  1110 hours;

 

1        Bowraville              between 0945 and 1115 hours; and

 

2        Nambucca Heads between 0830 and 0930 hours.

 

 

Recommendation:

 

1        That Council approve the road closures subject to the following being received by Council:

 

·           Certificate of Currency for Public Liability Insurance

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

·           Police approval for the road closure.

 

2        That Council endorse the road closures for the ANZAC DAY marches to be held on ANZAC DAY 25 April 2016, following the receipt of the appropriate documents from the Returned and Services League of Australia, Macksville, Bowraville and Nambucca Heads branches, as follows:

 

a    Macksville                Dawn Service between 0515 and 0545 hours; and again between

                                      1100 and 1110 hours;

 

b    Bowraville                between 0945 and 1115 hours; and

 

c    Nambucca Heads     between 0830 and 0930 hours.

 

3        That Council advertise the road closures seven (7) days prior to Anzac Day March.

 

 

OPTIONS:

 

·           Refuse the applications for Road Closures.

 

·           Approve Road Closures for each event.

 

DISCUSSION:

 

As per past practice, Council has received requests for the temporary road closures for the following ANZAC DAY marches to be held on ANZAC DAY 25 April 2016 from the Macksville, Bowraville and Nambucca Heads branches of the Returned and Services League of Australia:

 

·      Macksville – for the Dawn Service between 0515 and 0545 hours and between 1100 and 1110 hours;

 

·      Bowraville – between 0930 and 1030 hours; and

 

·      Nambucca Heads Branch – between 0830 and 0930 hours.

 

Anzac Day events have been held previously with no incidents and all approvals will be in place.

 

 

CONSULTATION:

 

NSW Police

Returned and Services League of Australia – Bowraville, Macksville and Nambucca Heads branches.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

Anzac Day Marches draw large crowds and promotes community spirit.

 

Economic

 

These events contribute to the local economy in an indirect way.

 

Risk

 

There is minimal risk to road users and both events have been held previously with no incidents.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets.  Council has made provision within the 2011/2012 budget for advertising road closure events.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact other than administration.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting - 14 April 2016

Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016

 

Assistant General Manager Engineering Services Report

ITEM 4.4      SF95                050416         Additional No Parking Restriction - Ocean Street, Scotts Head

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has been advised of road safety concerns on Ocean Street, Scotts Head where vehicles park both sides of the street on a tight corner.

 

 

Recommendation:

 

That Council install signage advising motorists of a NO PARKING zone outside 11 Ocean Street, Scotts Head.

 

 

OPTIONS:

 

Retain existing parking availability.

 

DISCUSSION:

 

Scotts Heads local roads can be additionally congested during holiday periods.  On Ocean Street, near the entrance to Scotts Head reserve, vehicles tend to park on both sides of the street on a tight bend.  Sight distance around the bend is limited so the ability to see on-coming traffic is obstructed by the vehicles parked on the inside of the bend.

 

Limiting parking to the ocean side of the street along the bend will allow for safer thoroughfare for motorists travelling in both directions. Providing parking restrictions outside number 11 Ocean Street will enforce the restriction.

 

 

CONSULTATION:

 

Owner - 11 Ocean Street Scotts Head

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

Nil

 

Economic

 

Nil

 

Risk

 

The risk of taking no action is the increased likelihood of a head on collision during busy periods due to limited sight distance.

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Cost of 2 signs and posts, say $200

 

Source of fund and any variance to working funds

 

RMS grant

 

Service level changes and resourcing/staff implications

 

Time to install signs and posts

 

Attachments:

1

8084/2016 - Plan of proposed no parking zone, Ocean Street, Scotts Head

 

  


Ordinary Council Meeting - 14 April 2016

Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016

 

PROPOSED NO PARKING ZONE – OCEAN STREET, SCOTTS HEAD


Ordinary Council Meeting - 14 April 2016

Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016

 

Assistant General Manager Engineering Services Report

ITEM 4.5      SF91                050416         Extension of bus zone - Cook Street, Bowraville

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Baldwins Bus Service has asked if Council can extend the Bus Parking Zone on Cook Street, Bowraville and correct the inconsistency of the zone times shown on the signage.

 

 

Recommendation:

 

1        That Council approve the extension of the Cook Street Bus Zone for an additional 20m south.

 

2        That Council replace bus zone signage to remove inconsistences and reflect actual bus company usage.

 

3        That Council write to Roads and Maritime Services in support of a request from Bowraville Central School requesting school zone flashing lights on Cook Street, Bowraville.

 

 

OPTIONS:

 

Retain existing layout.

 

DISCUSSION:

 

The bus zone on Cook Street Bowraville is used by bus companies to pick up / drop off school children to and from school and transfer children onto other buses.  For just a few minutes a day the bus zone cannot cope with the number of buses arriving and other buses waiting for children to be transferred.

 

Baldwins Bus Company have asked Council to:

 

1        Extend the bus zone to cope with the number of buses needing to use it at the same time.

          2        Address the signage inconsistency regarding regulatory times shown for the bus zone

 

Extending the bus zone will take parking away from parents picking children up from school.  This has been discussed with the Principal and he is happy there is sufficient parking in the vicinity of the school gates for parents to park.

 

Bowraville Central School have also asked that the flashing lights for the school zone be installed on Cook  Street, Bowraville as 90% of the children leave the school through the Cook Street gates.

 

 

CONSULTATION:

 

Baldwins Bus Company

Bowraville Central School Principal

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 


Social

 

There are more school children transferring from buses than getting into parents’ cars, therefore buses should be given parking priority.

 

Economic

 

Nil

 

Risk

 

There is a risk additional parents will now park over the road and school children will run between buses to get to the cars.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Approximately $400 (four hundred dollars) to replace signage and install a new post

 

Source of fund and any variance to working funds

 

RMS grant funding

 

Service level changes and resourcing/staff implications

 

Two hours for Signs Officer

 

Attachments:

1

8944/2016 - Photos of proposed bus parking changes, Cook Street Bowraville

 

  


Ordinary Council Meeting - 14 April 2016

Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016

 

                                                      

Description: N:\ot\manager_technical_services\Traffic\Traffic Committee\2016 Meetings\April\Bowra Central\IMG_2308.JPGDescription: N:\ot\manager_technical_services\Traffic\Traffic Committee\2016 Meetings\April\Bowra Central\IMG_2309.JPGDescription: N:\ot\manager_technical_services\Traffic\Traffic Committee\2016 Meetings\April\Bowra Central\IMG_2310.JPGDescription: N:\ot\manager_technical_services\Traffic\Traffic Committee\2016 Meetings\April\Bowra Central\IMG_2312.JPG

Replace inconsistent signs to show  8am – 9.30 am & 2.30pm  – 4.00pm

And 8am – 4pm

COOK STREET, BOWRAVILLE

 
Extend bus zone south by 25m to allow for additional bus and room to manoeuvre

   


Ordinary Council Meeting - 14 April 2016

Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016

 

PRESENT

 

Keith Williams                 Nambucca Shire Council

Greg Aitken                     Roads and Maritime Services

Barry Reid                       Local Member Representative

 

APOLOGIES

 

 

 

CONFIRMATION OF MINUTES

 

80/16 Resolved:

 

That the Committee note the adoption of the Minutes of the Meeting held 2 June 2016.

 

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 4.1      SF95                  050416      Angle Parking, Bowra Street, Nambucca Heads

81/16 Resolved:

 

1        That Council note the contents of the report into the merits of nose-to-kerb on-street parking in Bowra Street, Nambucca Heads.

 

2        That Council retains the existing rear-to-kerb angled parking arrangements.

 

 

 

 

 

ITEM 4.2      SF95                  050416      Parking restrictions - Corner of Ridge and Hill Streets, Nambucca Heads

82/16 Resolved:

 

That Council install signs to reinforce No Stopping restrictions at the corner of Ridge and Hill Streets, Nambucca Heads.

 

 

 

 


 

ITEM 4.3      SF2193              050416      Temporary Road Closures for Events on Roads - Anzac Day Marches

83/16 Resolved:

 

1        That Council approve the road closures subject to the following being received by Council:

 

·           Certificate of Currency for Public Liability Insurance

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

·           Police approval for the road closure.

 

2        That Council endorse the road closures for the ANZAC DAY marches to be held on ANZAC DAY 25 April 2016, following the receipt of the appropriate documents from the Returned and Services League of Australia, Macksville, Bowraville and Nambucca Heads branches, as follows:

 

a    Macksville                Dawn Service between 0515 and 0545 hours; and again between

                                      1100 and 1110 hours;

 

b    Bowraville                between 0945 and 1115 hours; and

 

c    Nambucca Heads     between 0830 and 0930 hours.

 

3        That Council advertise the road closures seven (7) days prior to Anzac Day March.

 

 

 

 

 

ITEM 4.4      SF95                  050416      Additional No Parking Restriction - Ocean Street, Scotts Head

84/16 RESOLVED:

 

That Council install signage advising motorists of a NO PARKING zone outside 11 Ocean Street, Scotts Head.

 

 

 

 

 

ITEM 4.5      SF91                  050416      Extension of bus zone - Cook Street, Bowraville

85/16 Resolved:

 

1        That Council approve the extension of the Cook Street Bus Zone for an additional 20m south.

 

2        That Council replace bus zone signage to remove inconsistences and reflect actual bus company usage.

 

3        That Council note that at this stage there is no funding available for an additional set flashing lights at the School Zone as requested by the Bowraville Central School.

 

 

 

   

GB6/16 - Caltex Service Station, Mann Street, Nambucca Heads (Ref SF90)

86/16 Resolved:

 

That Council adopt the interim road safety measures including “No Stopping” signs and “Keep Clear” line marking as recommended by Traffic Engineers Colston Budd Hunt & Kapes Pty Ltd.

 

 

 

 

   

GB7/16 - Cr. Keith Williams - Bus Zone Macksville High School (Ref SF90)

87/16 Resolved:

 

That Council change School Bus Zone times at Macksville High School to 8.00 am – 9.00 am and 2.30 pm – 4.00 pm School Days.

 

 

 

   

 

 

 

NEXT MEETING DATE

 

The next meeting will be held on 7 June 2016 commencing at 10.30 am.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 12.30 pm. 

 

 

 

Keith Williams

(CHAIRPERSON)


Ordinary Council Meeting - 14 April 2016

Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016