`NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

16 June 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 - 16 June 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.

 

ONSITE INSPECTION:

 

TIME

DESCRIPTION

WHERE

Leave Council Chambers at 3.30 pm

Item 9.20

DA2016/050 Dwelling house and shed Lot 114 DP 861793 Valla Road, Valla

Valla Road

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 26 May 2016...................................................................................... 7

5        NOTICES OF MOTION

5.1     Notice of Motion - Support For Continued Funding To Eliminate Mobile Phone Black Spots (SF617)..................................................................................................................................... 18

5.2     Notice Of Motion – Tafe Training Partnership On Council’s Industrial Land – Railway Road Nambucca Heads (SF652)............................................................................................................... 24  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 26

9.2     Annual Reporting of Contracts for Senior Staff................................................................ 32

9.3     Aboriginal Land Claim 35939 at Bowraville....................................................................... 35

9.4     Proposed Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment Plant 43

9.5     Rates and Charges - Review of Ratepayers with Large Sewer Access Charges.................. 75

9.6     Inquiry into Water Augmentation in Rural and Regional NSW............................................. 80

9.7     Domestic Waste Charges for Properties with Multiple Occupancies................................... 85

9.8     Cricket NSW - Request for Matching Funding of $12,500 to Purchase Lawn Mower............ 88

9.9     Visitor Information Centre - Future Options....................................................................... 94

9.10   DA2016/050 Dwelling house and shed Lot 114 DP 861793 Valla Road, Valla.................... 100

9.11   Minutes of the Nambucca Shire Council Access Committee meeting held 26 April 2016.... 175

9.12   Minutes of the Nambucca Shire Council Access Committee meeting held 24 May 2016.... 179

9.13   Changes to position titles in the organisation structure.................................................... 183

9.14   Outstanding DAs greater than 12 months or where submissions received - 17 May 2016 - 7 June 2016.................................................................................................................................... 185

9.15   Planning Proposal - Addition to House Keeping Amendment - Additional Permitted Land Use in IN1 Land Use Zone............................................................................................................. 188

9.16   2016 May - Received Development Applications and Complying Development Applications 191

9.17   2016 May - Approved Construction and Complying Development Certificates.................. 194

9.18   Joint Organisations - Announcement on Operational Arrangements.................................. 198


 

10      Assistant General Manager Corporate Services Report

10.1   Schedule of Council Public Meetings............................................................................. 255

10.2   Macksville Park and Sports Committee of Management AGM - 16 May 2016 - Minutes..... 256

10.3   Grant Application Status Report ................................................................................... 259

10.4   Draft Integrated Planning and Reporting Documents....................................................... 271

10.5   Investment Report To 31 May 2016 ............................................................................... 276

11      Assistant General Manager Engineering Services Report

11.1   Temporary Road Closure Application - Volkswagen Spectacular 30 July 2016.................. 281    

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

12.1   Valla Urban Growth Area - Proposed Sale of 30,000m2

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

12.2   Tender for General Insurances

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.

 

12.3   General Manager's Performance Review

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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

 

 

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 26 May 2016

The following document is the minutes of the Ordinary Council meeting held 26 May 2016.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 16 June 2016 and therefore subject to change.  Please refer to the minutes of 16 June 2016 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRESENTATION

 

The Mayor presented Mr Jim McKenna with a Certificate of Appreciation and gift on behalf of Council for his contribution of horse and carriage to transport the Mayor and General Manager on the Centenary Celebration of Nambucca Shire Council on 15 December 2015.

 

 

PRAYER

 

Pastor Darryl Spriggs from the Presbyterian Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.5 Modification to Development Consent DA2014/198 under the Local Government Act as Cr MacDonald’s brother-in-law and sister have property which may be effected by Council’s decision in terms of property value and/or amenity.  Cr MacDonald left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item9.6 Draft North Coast Regional Plan - Review and Submission under the Local Government Act as Cr Flack is a non-executive member of Lock the Nambucca Valley which had lodged a submission in regard to this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 May 2016

 

218/16 RESOLVED:        (MacDonald/Flack)

 

That the minutes of the Ordinary Council Meeting of 12 May 2016 be confirmed.


 

 

NOTICE OF MOTION - CR Finlayson

 

ITEM 5.1      SF2183              260516      Notice of Motion - Climate Change (SF1075)

219/16 RESOLVED:        (Finlayson/MacDonald)

 

That this item be deferred until the flood study is reported to Council.


 

 

PUBLIC FORUM AND DELEGATIONS

 

RECOMMENDATION

 

That the following delegations be heard:

 

PUBLIC FORUM

i)           Nicole Murphie, Secretary Utungun Community Centre Committee of Management—Road safety in vicinity of the Community Centre

DELEGATIONS

9.2     Proposed Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment Plant

          i)        Tony Gordon--Applicant

9.5     Modification to Development Consent DA2014/198

          i)        Richard Barrie—Objector

          ii)       Lyndal Butler—Objector

9.6     Draft North Coast Regional Plan - Review and Submission

          i)        Todd Vercoe—Representing Lock the Nambucca Valley

9.7     Scotts Head - Public Space Landscape Plan

          i)        Angie Evans—Supporter

 


Ms Murphie addressed Council making the following points and providing her speaking notes which are on file SF340:

 

Mayor advised that Council can request the RMS to review the speed limits and the safety of the culvert.


 

 

DELEGATIONS

 

Mr Gordon was in attendance but did not speak.

 

ITEM 9.2      SF600                260516      Proposed Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment Plant

220/16 RESOLVED:        (Ainsworth/South)

 

That this item be deferred


 

 

Cr Macdonald left the meeting for Item 9.5 at 5.54 pm and returned after the conclusion of the item at 6.41 pm

 

DELEGATIONS continued

 

Mr Barrie addressed Council making the following points and spoke to a prepared paper which is filed on DA2014/198:

·    Representing the view of many of the residents of Kingsworth Estate in rejecting this proposal

·    Most residents have rejected either in writing or at a previous public meeting held onsite

·    Previously advised by Council that a gate for emergency use would be unacceptable

·    Council has allowed development outside the rules from 2006

·    Council is applying two standards; one for the developer and another for the residents

·    Joining of Florence Wilmont Drive with Old Coast Road was not part of the original development application

·    In 2014 the General Manager advised that no connection would be made in regard to access of the new subdivision with Florence Wilmont Drive

·    Council can either accede to the developer’s wishes or go with the wishes of 90 plus householders

 

 

Ms Butler addressed Council making the following points:

·    Owners of Lot 64 Old Coast Road

·    Residents are not in favour of the modifications

·    Sought advice from an experienced planning solicitor

·    Owners’ approval required

·    Right of carriageway – not for public access, emergency and service vehicles as first stated by Council

·    3/2/14 planners advised that Council wrote to Ms Butler and stated that no connection is required

·    Council have conducted themselves in a contradictory manner

·    RMS have shown disinterest in this road connection

·    If applicant withdraws, will Council be prepared to construct this road

·    No estates in the Valley have a through road, why

 

 

ITEM 9.5      DA2014/198        260516      Modification to Development Consent DA2014/198

Motion:      (Flack/Smyth)

 

That Council not support the construction of a road connecting Florence Willmot Drive with Old Coast Road and therefore refuse the application to amend conditions 2 and 21 of the development consent.

 

Amendment:       (Ainsworth/South)

 

That Council qualify the ownership of the land and Mrs Butler’s statements in relation to the advice she received from Council staff.

 

For the Amendment:        Councillors Morrison, Finlayson, Ainsworth, South and Hoban             (Total 5)

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

 

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

 

221/16Resolved:         (Ainsworth/South)

 

That Council qualify the ownership of the land and Mrs Butler’s statements in relation to the advice she received from Council staff.

 

For the Amendment:        Councillors Morrison, Finlayson, Ainsworth, South and Hoban             (Total 5)

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

 

Note:  Cr Flack requested her vote be recorded against this resolution as she believes there is sufficient information before Council that the community does not want or need this road.


 

 

DELEGATIONS continued

 

Mr Vercoe addressed Council making the following points and provided speaking notes which are on file SF2222:

·    Two things modified in agenda representing Lock the Nambucca Valley and is in support of the Recommendation

·    Thanks Council for comprehensive approach both community input and own community plan

·    Speaks on behalf of Lock the Nambucca Valley – a community based organisation whose charter is focussed on prevention of mining activities in the Valley

·    Employment land needs to be protected

·    Need to increase proportion of younger, enterprising residents – ones that will invest, breed, earn and spend

·    Lost Council revenues when residents are turned away`

·    Dual classification of land limits Council to function properly

 

ITEM 9.6      SF2222              260516      Draft North Coast Regional Plan - Review and Submission

Motion:      (Finlayson/Ainsworth)

 

1        That Council make a submission to the Minister of Planning and Environment in respect to the Draft North Coast Regional Plan based on the ‘Overview and Key Issues’ section of this report.

 

2        That each of the submissions made to Council from the community be included as attachments to Council’s submission.

 

Amendment:       (Hoban/South)

 

1        That Council make a submission to the Minister of Planning and Environment in respect to the Draft North Coast Regional Plan based on the ‘Overview and Key Issues’ section of this report.

 

2        That each of the submissions made to Council from the community be included as attachments to Council’s submission.

 

3        That the 10 hectares of flood free land on Harriman’s Lane be included as part of the urban growth area in the submission to the Minister for Planning and Environment.

 

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

 

Motion:      (Hoban/South)

 

1        That Council make a submission to the Minister of Planning and Environment in respect to the Draft North Coast Regional Plan based on the ‘Overview and Key Issues’ section of this report.

 

2        That each of the submissions made to Council from the community be included as attachments to Council’s submission.

 

3        That the 10 hectares of flood free land on Harriman’s Lane be included as part of the urban growth area in the submission to the Minister for Planning and Environment.

 

Amendment:       (Flack/Smyth)

 

1        That Council make a submission to the Minister of Planning and Environment in respect to the Draft North Coast Regional Plan based on the ‘Overview and Key Issues’ section of this report.

 

2        That each of the submissions made to Council from the community be included as attachments to Council’s submission.

 

3        That the 10 hectares of flood free land on Harriman’s Lane be included as part of the urban growth area in the submission to the Minister for Planning and Environment.

 

4        That Council not support a proposal for the North Coast Plan to include provisions that allow Council’s to examine requests for extension to existing urban areas or employment land on their merit and in a local context without the requirement for them to be included in as local growth management strategy or identified as an agreed growth area.

 

The amendment was LOST.

 

Amendment:       (Flack/Smyth)

 

1        That Council make a submission to the Minister of Planning and Environment in respect to the Draft North Coast Regional Plan based on the ‘Overview and Key Issues’ section of this report.

 

2        That each of the submissions made to Council from the community be included as attachments to Council’s submission.

 

3        That the 10 hectares of flood free land on Harriman’s Lane be included as part of the urban growth area in the submission to the Minister for Planning and Environment.

 

4        That Council request that the farmland mapping be expanded to identify further rural land that should be protected from inappropriate development.

 

The amendment was LOST.

 

The motion was put and it was:

 

222/16 Resolved:        (Hoban/South)

 

1        That Council make a submission to the Minister of Planning and Environment in respect to the Draft North Coast Regional Plan based on the ‘Overview and Key Issues’ section of this report.

 

2        That each of the submissions made to Council from the community be included as attachments to Council’s submission.

 

3        That the 10 hectares of flood free land on Harriman’s Lane be included as part of the urban growth area in the submission to the Minister for Planning and Environment.


 

 

DELEGATIONS continued

 

Ms Evans addressed Council making the following points:

·    Speaking in support of the landscape plan

·    Is Chair of Scotts Head Community Group

·    Feel strongly that they have one chance to get things right

·    Scotts Head Community Groups has never deviated from the original plan

·    Can conceive the overall plan

·    Important for the amenity of the community, the Holiday Park and the whole Shire

·    Means there will be trees and vegetation in appropriate places

·    Council does not wish to deal with issues in the future due to incorrect plantings

·    This opportunity will never happen again for the Scotts Head village

·    Ensure limited public funds are used for maximum public benefit

·    Plan important to gain future funding

·    Will contribute in any way they can

·    Scotts Head Community Groups strongly support that NSC Recommendation 1 and engage a professional landscape architect – Rupert Milne Holme.


 

ITEM 9.7      SF382                260516      Scotts Head - Public Space Landscape Plan

223/16 RESOLVED:        (Hoban/Ainsworth)

 

1        That Council allocate $7,000 from Council’s Environmental Levy to support the improvements to the Scotts Head public reserve and day area by engaging Rupert Milne Holme to develop a landscape architect plan

 

2        That Council note the Scotts Head Community Groups commitment to stick to the professionally designed plan once completed

 

3        That Council contact Crown Land and seek a financial contribution towards that part of the plan that covers the Crown owned Reserve.


 

 

224/16 Resolved:        (Ainsworth/Flack)

 

That Item 11.1 be brought forward as there were interested parties in the gallery.

 

 

ITEM 11.1    RF368                260516      Road Closure proposal - Naylors Lane Upper Taylors Arm

225/16 RESOLVED:        (South/Ainsworth)

 

1        That Council proceed with the road closure application of Naylors Lane beyond the first gate 850m from Taylors Arm Road to the end of the road at the Boundary to Lot 124 DP755547.

 

2        That $10,000 be allocated to Road Opening/Closing Charges in the 2016/17 budget for survey and title changes.

 

3        That Council creates a Right of Carriageway to maintain legal access to Lot 124 DP755547.

 

4        That the land is sold to the property owner at 87 Naylors Lane.

 


The meeting was adjourned at 7.38 pm.

The meeting resumed at 8.08 pm.


 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with Notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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


 

 

General Manager Report

 

ITEM 9.1      SF959                260516      Outstanding Actions and Reports

226/16 RESOLVED:        (Ainsworth/MacDonald)

 

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

 


 

 

Item 9.2 was dealt with under Delegations.


 

GENERAL MANAGER – LATE REPORT

 

ITEM 9.13    SF1893              260516      Organisation Structure - Proposed Sharing of Ranger & Pound with Bellingen Shire Council

227/16 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council advertise for a full time Ranger to undertake duties in both the Nambucca and Bellingen local government areas.

 

2        That Council thank the Bellingen Shire Council Deputy General Manager – Operations for his proposal and advise that Nambucca Shire Council would be pleased to enter into the proposed cost sharing arrangement including the use of their Ranger vehicle.

 

3        That a written agreement for the shared Ranger position and the shared use of Council’s pound be drafted and submitted to Bellingen Council for consideration and with the agreement to be finalised prior to the appointment of a person to the position.

 

4        That the General Manager be provided with delegated authority to enter into a written agreement with Bellingen Shire Council for the shared Ranger position and the shared use of Council’s pound.

 

5        That the proposed shared Ranger position be incorporated into Council’s 2016/2017 operational plan and its organisation structure be adjusted to reflect the new position.

 

ITEM 9.3      SF1893              260516      Organisation Structure - Ranger Services

 

This item was resolved in Item 9.13 (General Manager’s late report) above.


 

 

ITEM 9.4      DA2004/250        260516      DA2004/250/01 12 Lot subdivision and Lapsed Contribution Agreement Owner - V Edgehill

228/16 RESOLVED:        (Ainsworth/Morrison)

 

(Option 2)

That Council agree to a deferred Section 64 and 94 payment agreement until the subdivision is completed.

 

Note: Cr Flack requested her vote be recorded against this resolution.


 

 

Items 9.5, 9.6 and 9.7 were dealt with under Delegations.


 

 

ITEM 9.8      SF2173              260516      Outstanding DAs Greater than 12 Months or Where Submissions Received - 6 to 19 May 2016

229/16 RESOLVED:        (Finlayson/Ainsworth)

 

That the information be noted by Council and that applications DA2016/050 and 2014/196/01 be called in for determination by Council.


 

 

ITEM 9.9      SF1031              260516      Review of Compliance, Enforcement and Prosecution Policy

230/16 RESOLVED:        (Ainsworth/MacDonald)

 

That Council publicly exhibit the Draft Compliance, Enforcement and Prosecution Policy, which are attached to the report, for a period of 28 days with a view to adopting the draft policy once any public submissions are considered.


 

 

ITEM 9.10    SF1148              260516      Council Ranger's Report April 2016

231/16 RESOLVED:        (Ainsworth/Smyth)

 

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


 

 

ITEM 9.11    SF544                260516      Draft Section 94A Developer Contributions Plan for Approval

232/16 RESOLVED:        (Finlayson/MacDonald)

 

That Council approve the Draft s.94A development contributions plan for public exhibition for a period of 28 days.

 

For the Motion:               Cr Hoban, South, MacDonald, Ainsworth, Finlayson, Smyth, Flack, Ballangarry

                                      and Morrison         (Total 9)

Against the Motion:         Nil


 

 

ITEM 9.12    SF2130              260516      Environmental Levy Budget 2016/17

233/16 RESOLVED:        (Finlayson/Flack)

 

That the information concerning the Environmental Levy budget and projects as advertised for community feedback be received.

 

234/16 Resolved:        (Flack/Smyth)

 

That staff investigate opportunities to develop projects using solar panels and investigate what other authorities across the world are doing and to report this back to Council with ideas including opportunities to reduce energy costs at the Bowra Dam site such as floating solar panels on the Dam surface; further that this report includes funding opportunities.


 

 

Item 9.13 was dealt with above.


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1232              260516      Proposed Changes to the Administration of On Site Sewerage Management

235/16 RESOLVED:        (Finlayson/Ballangarry)

 

That Council note the proposals and the subsequent impacts contained in the Draft Operational Plan and submit any proposed changes to Council staff so they can be considered prior to adopting the 2016-17 Operational Plan. 


 

 

ITEM 10.2    SF2128              260516      March 2016 Budget Review

236/16 RESOLVED:        (Ainsworth/MacDonald)

 

1        That the budget review for the quarter ended 31 March 2016 be received.

 

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


 

 

ITEM 10.3    SF251                260516      Schedule of Council Public Meetings

237/16 RESOLVED:        (Ainsworth/MacDonald)

 

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


 

 

ITEM 10.4    SF270                260516      Review of Policies - Payment of Fees, Expenses & Provision of Facilities to Councillors

238/16 RESOLVED:        (Flack/South)

 

1        That Council endorse the proposed minor changes to the Policies: Payment of Fees, Expenses and Provision of Facilities for Councillors Policy; Councillor Training and Development Policy; Use of Internet and Email Policy.

 

2        That Council confirm that remuneration will be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal.

 

3        That Council determine that the amendments are not substantial and the Policies not be placed on Public Exhibition.

 

4        That the new amended Policies replace the Polices currently on Council’s website.


 

 

Assistant General Manager Engineering Services Report – LATE

 

ITEM 11.2    T007/2016           260516      Tender T007/2016 for the Construction of Public Amenities at Shelly Beach, Nambucca Heads

239/16 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council accept the submission for T007/2016 Construction of Public Amenities at Shelly beach, Nambucca Heads from Costa Builders Pty Ltd.

 

2        That Council note the contract period and foreshadowed revote of funds for the completion of the project in the 2016/17 financial year.

 

3        That Council update the Contract Register.

 

For the Motion:               Cr Hoban, South, MacDonald, Ainsworth, Finlayson, Smyth, Flack, Ballangarry

                                      and Morrison         (Total 9)

Against the Motion:         Nil


    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:          (Ainsworth/MacDonald)

 

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

 

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

 

Reason reports are in Closed Meeting:


 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2089              260516      Business Investment Inquiry - Valla Urban Growth Area

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.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2182              260516      Tender T007/2016 for the Construction of Public Amenities at Shelly Beach, Nambucca Heads

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.10 pm.


 

 

RESUME IN OPEN MEETING

 

Resolved:          (Flack/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.12 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2089              260516      Business Investment Inquiry - Valla Urban Growth Area

240/16 RESOLVED:        (Ainsworth/Morrison)

 

That Council endorse the amended draft Memorandum of Understanding subject to the following variations:

 

1        That Council commit to the maintenance of Red Ash Road to the standard required for heavy vehicles instead of a commitment to its upgrade to a “heavy duty road standard”.

 

2        That the draft Memorandum of Understanding be provided with a three year life from the date of its endorsement.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2182              260516      Tender T007/2016 for the Construction of Public Amenities at Shelly Beach, Nambucca Heads

241/16 RESOLVED:        (Ainsworth/Ballangarry)

 

That Council note the tender evaluation


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.13 pm. 

 

Confirmed and signed by the Mayor on 26 June 2016.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

    


Ordinary Council Meeting                                                                                                    16 June 2016

Notice of Motion

ITEM 5.1      SF2183            160616         Notice of Motion - Support For Continued Funding To Eliminate Mobile Phone Black Spots (SF617)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

Council has received a request (copy below) to distribute a petition requesting that the Federal Government consider further funding for the improvement of mobile phone blackspots and commit to a deadline by which all identified mobile phone blackspots will receive mobile coverage.

 

The attachments are self-explanatory, however it is considered that there is insufficient time to distribute and collect and collate the petition by the requested deadline of 30 June 2016.  As an alternative it is recommended that on behalf of the community of the Nambucca Shire Council express to both major Federal political parties its support for continued funding for the elimination of mobile phone black spots.

 

 

 

Recommendation:

 

That Council write to the Federal Coalition and the Australian Labor Party supporting the need for continued funding to eliminate mobile phone blackspots to ensure access to ‘000’ emergency numbers in the Nambucca Valley and across Australia.

 

 

 

OPTIONS:

 

Council can resolve to distribute the petition

Council can resolve to not support the request

 

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Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    16 June 2016

Notice of Motion

ITEM 5.2      SF2183            160616         Notice Of Motion – Tafe Training Partnership On Council’s Industrial Land – Railway Road Nambucca Heads (SF652)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

Council’s Manager of Business Development (MBD) has brokered a very successful partnership with NSW TAFE.  Councillors will be aware of the industrial blocks Council owns on Railway Road and the cost of developing these blocks to a saleable standard.

 

In a very innovative approach the MBD has arranged a partnership with TAFE whereby for a monthly rental Council has made one of its partially developed industrial blocks available to NSW TAFE as a training site for TAFE students requiring their Certificate III in Civil Construction; Plant Operations.

 

The partnership has allowed Council to develop the site at material costs only and the TAFE trainees have been able to complete practical aspects of their training requirements.  The TAFE site has been operating since March and on 3 of June the first 18 trainees from the region graduated. 

 

 

Recommendation:

 

That Council note the successful partnership with TAFE for the use of one of Council’s industrial blocks on Railway Road as a training facility for Civil Construction; Plant Operations trainees and congratulate the Manager of Business Development on his initiative.

 

 

 

 

DISCUSSION:

 

Council has made one of its undeveloped industrial blocks available to NSW TAFE as a regional training site for Certificate III Civil Construction; Plant Operations trainees.  Council receives rent of $1,000 a month and improvements to the land, increasing its value and saleability and TAFE is able to provide a site for practical training for trainees the Nambucca Valley and across the region from Coffs Harbour to Port Macquarie.

 

As part of their practical training TAFE trainees will construct fencing, remove stumps, install drainage, create hard stand material stockpiles for Council, install sediment control fencing and spread and compact hard stand material.  It is also envisaged that if the EPA grant consent, trainees will rehabilitate the land on Link Road closed by the EPA and landscape all of Council’s industrial blocks on Railway Road.  Council may be able to secure any remaining good quality fill from the highway works to offset future development costs and will have a controlled work site for stockpiling.

 

The partnership has many benefits for Council and the community.  Not only does Council gain improvements at material costs only, but our own staff will be able to train at the facility, saving the time and cost of sending staff who want to increase their competencies away to complete courses.

 

It is anticipated that 30 to 40 trainees and supervisors from across the region will be on site for the next twelve months, including plant operation trainees from other councils.  It will be pleasing to see them contribute to our local economy.  The training provided will also build a local pool of skilled workers available to support any Council vacancies and to support earth moving industry growth in our area.

 

The trainees benefit by acquiring real life skills in areas such as fencing, landscaping, laying drainage, loading trucks, driving rollers and operating excavators, graders and other plant.  A number of the trainees who just completed their course have already found work with Highway upgrade contractors.  In fact the Civil Construction area of TAFE training reportedly has a 75% success rate in graduates finding employment.  This figure is much higher than for other training programs.

 

The community will also see that the work Council has completed in developing the land has broader community benefits other than improving Council’s land sales.

 

       

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Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                                    16 June 2016

General Manager

ITEM 9.1      SF959              160616         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.

 

Draft now being circulated to 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.

 

MARCH 2015

 

5

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.

 

Council is expecting receiving a written offer from the RMS in relation to the handover.

 

 

AUGUST 2015

 

6

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

 

7

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.

Consult not available for 28 April, will report to the 26 May 2016 meeting.

 

Deferred until Council receives expected offer from the RMS.

 

 

OCTOBER 2014

 

8

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

 

9

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.

 

 

10

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

 

11

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

 

12

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

 

FEBRUARY 2016

 

13

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

 

MARCH 2016

 

14

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.

 

 

APRIL 2016

 

15

SF1540

14/4/16

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.

 

AGMES

Letter drafted

 

16

SF2183

14/4/16

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.

 

GM

Proposals to be included in the 2016-17 Budget papers

 

17

SF848

14/4/16

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

 

AGMCS

AGMES

Review commenced

 

18

SF90

14/4/16

That Council write to the Nambucca Heads & Valla Beach Chamber of Commerce & Industry Inc and advise of Council’s decision to retain rear-to-kerb parking in Bowra St, Nambucca Heads and advise them if they would consider a survey of members to assess interest in a trial of nose-to-kerb parking.

 

AGMES

Letter sent

 

MAY 2016

 

19

SF929

12/5/16

Council call for Expressions of Interest to rent or lease the existing VIC with the requirement for a small floor space to be used for visitor information

 

GM

Report in August 2016

 

20

SF251

12/5/16

Council investigate opportunities for securing financial interests in the Gordon Park Tennis Courts and associated buildings.

 

GM

Report in July 2016

 

21

SF818

12/5/16

Council receive a further report at the completion of the exhibition period for the Bowra Dam – request to amend the operating licence.

 

AGMES

Report August 2016

 

22

SF600

26/5/16

Proposed subdivision & sale of land adjoining the Macksville Sewerage Treatment Plant be deferred.

 

GM

Report to 16 June 2016

 

23

DA2014/198

26/5/16

Modification to DA consent to allow connection between Florence Wilmont Drive and Old Coast Road be deferred to qualify ownership of Right of Way and investigate statements.

 

GM

Report to 16 June 2016.

The matter has been referred to Council’s solicitor but as at the close of the business paper a written opinion has not been obtained.  Consequently it has been necessary to defer the report to the meeting on 30 June 2016.

 

24

SF2130

26/5/16

Staff investigate opportunities to develop projects using solar panels and report back with ideas including opportunities to reduce energy costs at the Bowra Dam such as floating solar panels.  Report to look at funding opportunities.

 

AGMES

Report in July 2016

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                    16 June 2016

General Manager

ITEM 9.2      SF839              160616         Annual Reporting of Contracts for Senior Staff

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Section 339 of the Local Government Act requires that the General Manager must, at least once annually, report to the Council on the contractual conditions of senior staff (ie by 30 June).

 

The General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services are Council’s designated senior staff positions.

 

 

Recommendation:

 

That the information concerning the provisions of the employment contracts for the General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services be received.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

 

DISCUSSION:

 

Section 339 of the Local Government Act requires that the General Manager must, at least once annually, report to the council on the contractual conditions of senior staff (ie by 30 June).

 

There is no other information as to what actually has to be reported but the Division of Local Government in its Better Practice Review Program indicates that better practice is for the report to contain:

 

·      A list of senior staff

·      The specific term of each contract and when it was entered into

·      The value of the remuneration package and any variations that have been made in the past year or which are proposed for the ensuing year

·      The timing and outcome of any performance assessments that were undertaken

·      A copy of any performance agreement entered into for the current year and/or proposed for the ensuing year, and

·      Details of any other “material” matters.  These could include any requirement for the General Manager or other senior staff member to advise if she/he is seeking an extension of the current contract or reappointment for a further term and similarly, any requirement for the Council to advise the General Manager/senior staff member of any intention not to renew their appointment and/or readvertise the position.

 

The following information is provided in response to these “dot” points.

 

List of Senior Staff

 

Position

General Manager

Assistant General Manager

Engineering Services

Assistant General Manager

Corporate Services

Incumbent

Mr Michael Coulter

Mr Paul Gallagher

Mr Scott Norman

 

 


Contract Term and Date Entered Into

 

Position

General Manager

Assistant General Manager

Engineering Services

Assistant General Manager

Corporate Services

Contract term

5 years

5 years

5 years

Date entered into

1 April 2016

10 January 2016

23 September 2013

 

 

Value of the Total Remuneration Package (TRP) and any variations made in the past year

 

Position

General Manager

Assistant General Manager

Engineering Services

Assistant General Manager

Corporate Services

Value of TRP

$227,510

$187,500

$174,500

Variation

3.45% increase

3.45% increase

2.5% increase

Reason

New contract

New contract

SOORT* increase pursuant to Cl. 8.5 of the contract

Effective date

1 April 2016

10 January 2016

23 September 2015

* Statutory and Other Officers Remuneration Tribunal

 

 

The Timing and Outcome of any Performance Assessments

 

Position

General Manager

Assistant General Manager

Engineering Services

Assistant General Manager

Corporate Services

Timing

November 2015

15 January 2015

23 September 2015

Outcome

Satisfactory

Satisfactory

Satisfactory

 

 

Copy of Performance Agreements

 

The performance agreements are largely standard templates with a large number of management objectives and performance measures.  Of most significance are the priorities for the ensuing year. 

 

The agreed priorities for the General Manager are:

 

·   More timely staff responses to written correspondence

·   Progression with Council’s Internal Audit processes

·   Development of a rating strategy

·   Further development of Council’s website

 

The agreed priorities for the Assistant General Manager Engineering Services are:

 

·      Reviewing organisation structure/levels of service to reduce operating expenditure

·      Liaising in relation to possible establishment of Joint Organisations

·      Arrangements for maintenance grading

·      Continuing to develop asset management and QA (quality assurance?)

 

The agreed priorities for the Assistant General Manager Corporate Services are:

 

·   Develop strategic corporate and financial planning objectives that reflect the reasonable expectations of the community and support Council’s decision making processes

·      Sustain a high level of customer satisfaction through consistent quality service delivery

·      Implement cost effective information technology

·      Develop business services unit

·   Continuous improvement – undertake reviews of functions and processes in Corporate Services to improve efficiency and effectiveness.

 

Other Material Matters

 

None to report

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no particular risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.  The remuneration packages are listed in the report.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.3      SF621              160616         Aboriginal Land Claim 35939 at Bowraville

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council advise the Department of Primary Industries Lands that the longstanding Police Station in Bowraville, being contained within Lot 10 DP 758150, is a lawful use and occupation providing for an essential public purpose.  Whether or not the land is “needed” or “likely to be needed” for this essential public purpose is a matter for the NSW Police Force.

 

 

OPTIONS:

 

Council can respond to the Department of Primary Industries Lands as it sees fit.  The letter from Lands indicates that relevant considerations.

 

 

DISCUSSION:

 

Council has received the attached letter from the Department of Primary Industries Lands seeking comment from Council in relation to Aboriginal Land Claim 35939 at Bowraville.  The land claim concerns Lot 10 DP 758150 which is land currently used as the Bowraville Police Station and an adjoining dwelling.

 

The letter requests as follows:

 

“To assist in determining whether or not the claimed land was claimable Crown land please provide comment on whether or not the claimed land was:

 

·      Lawfully used and occupied;

·      Needed or likely to be needed for an essential public purpose

 

Any comment, assertion or statement you make should be as at the date of the claim, 20 December 2011, and should be supported by documented evidence.”

 

A response is sought by 23 June 2016.

 

The attachment to the letter provides definitions for the terms, “lawful use”, “lawful occupation”, “needed” “likely” and “essential public purposes”.

 

“Essential public purposes are those that are required and created by the government of the country, or purposes of the administration of the government of the country.  To be essential, the purpose must be indispensable, or at least material and important.  The use of the word essential sets a high standard.  Public purposes may be served by private interests.  Purposes carried out under statutory authority or requirement, for example, the Local Government Act (Shire Councils) can be public purposes.”

 

It would seem self-evident that the longstanding Police Station in Bowraville, a town of 1,300 people, is a lawful use and occupation providing for an essential public purpose.

 

It is unknown whether or not the NSW Police Force has any plans to change the policing arrangements for the town.  It is understood that two officers are currently based at the Police Station.

 

 

CONSULTATION:

 

The consultation with Council is occurring over 4 years after the lodgement of the Aboriginal Land Claim.  Council’s comments, assertions and statements have to be based on the date of the claim.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The social implications pertain to the policing arrangements for Bowraville which may or may not be affected by the Aboriginal Land Claim.

 

Economic

 

There are no economic implications.

 

Risk

 

There will be an on-going need for a police presence in Bowraville.  Whether or not this requires or is likely to require the staffing of the existing Police Station is unknown.  This is properly a matter for the NSW Police Force.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact on Council.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level or staffing implications for Council.

 

Attachments:

1

18846/2016 - Attachment 1 - Aboriginal Land Claim 35939

 

2

18854/2016 - Attachment 2 - Aboriginal Land Claim 35939

 

  


Ordinary Council Meeting - 16 June 2016

Aboriginal Land Claim 35939 at Bowraville

 


 


 


 


 


Ordinary Council Meeting - 16 June 2016

Aboriginal Land Claim 35939 at Bowraville

 

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Ordinary Council Meeting                                                                                                    16 June 2016

General Manager

ITEM 9.4      SF600              160616         Proposed Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment Plant

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report concerns a proposed subdivision of Council owned land adjoining the Macksville Sewerage Treatment Plant so as to enable the sale of the land to establish a grease trap waste processing plant.

 

It is proposed to enter into a contract of sale with Mr Tony Gordon to sell 2,500m2 of land for $87,500.

 

 

Recommendation:

 

1        That Council enter into a contract of sale with Mr Gordon for the proposed lot 20 for $87,500 and that approval be provided to enter the land and establish the processing plant under licence.

 

2        That following the establishment of the proposed grease trap waste processing plant, that Council lodge and determine a development application for the proposed two lot subdivision and, if approved, proceed with the registration of the subdivision.

 

3        That Council’s seal be attached to legal documents associated with the subdivision and sale of the land as required.

 

 

 

OPTIONS:

 

It is Council’s land and it is a matter for Council as to whether or not it wishes to consider Mr Gordon’s proposal and the terms of any agreement to sell the land.

 

 

DISCUSSION:

 

Council is aware of a proposal to establish a grease trap waste processing plant on Council owned land next to the Macksville Sewerage Treatment Plant.  The grease trap waste is by volume mainly water and the processing plant will allow its separation from the grease and will substantially reduce the number of truck trips required to transport the residue waste to a processing facility in Newcastle.  It is proposed that following treatment and testing to demonstrate the achievement of appropriate standards, the liquid would be discharged directly to the adjoining sewerage treatment plant via a pipe.

 

Besides the proximity of the sewerage treatment plant which avoids doubling handling of the treated effluent, the other benefit of the proposed site for processing grease trap waste is it already has a reasonable buffer distance from the closest dwelling.

 

It has been determined that the land is operational so Council can consider the proposal without the necessity of a rezoning process to reclassify it.

 

The matter was reported to Council’s meeting on 13 November 2013.  It was noted that to enable further consideration of the proposal the following was required:

 

1.         Mr Gordon (the proponent) needs to obtain development consent for his proposal

2.         Council needs to obtain subdivision approval to create a lot for the development

3.       The costs of undertaking the subdivision need to be determined once a conditional consent has been issued

4.       Council and Mr Gordon need to agree on a price for the land which includes or excludes the cost of undertaking the subdivision.

 

At its meeting on 13 November 2013, it was resolved that:

 

1.       Council note the progress with the proposed subdivision of land adjoining the Macksville Sewerage Treatment Plant for the purpose of a proposed grease trap processing facility.

 

2.       There be a further report to Council on the estimated cost of the proposed subdivision and the recommended terms of any agreement with Mr Gordon.

 

Mr Gordon proceeded to prepare and lodge his development application with an environmental impact statement, the latter being required for designated development.  The proposed development includes:

 

·           Installation of a treatment system on a bunded hardstand area consisting of five 40,000 litre tanks (2.8m high with 4.5m diameter) including two holding tanks.

·            Construction of a wastewater discharge pipe into Councils sewage treatment plant.

·            Installation of a staff toilet.

·           Extension of the existing vehicular access road to the development foot print and the provision of truck turning and parking areas.

·            Operation of the facility Monday to Friday during daylight hours.

·            An expected daily processing rate of 2200 litres.

 

It is to be noted that the proposed facility is fully enclosed and the provision of holding tanks with the combined volume of 80,000 litres provides the ability for waste water to be tested prior to discharge into the sewage treatment plant under Council supervision. All sludge material will be removed from the site and disposed of at a lawful premise.

 

The plans showing the layout of the proposed development are attached.

 

The development application was approved by the Joint Regional Planning Panel on 28 April 2016.  Council’s Senior Town Planner had prepared a report “for information” for Council’s meeting on 14 April 2016 but for reasons unknown it was not incorporated into the business paper.

 

The principle reason for the Panel’s decision was that the proposed development is located adjacent to an existing sewerage treatment plant with other reasons being that the proposed development is over 500m from the closest sensitive receivers; the scale of the development; and the ability to implement mitigation measures to minimise the impacts of flooding and improper management.  A copy of the conditional development consent is attached.

 

The consent conditions set out standards for the discharge of wastewater to the sewerage treatment plant (condition 3) being that chemical concentrations shall not exceed:

 

·    pH levels outside the range of 7.0 to 9.0 at all times.

·    BOD and suspended solids concentration in excess of 300 mg/L at any time.

·    Chemical Oxygen Demand (COD) in excess of 600 mg/L for BODs less than 100 mg/L, otherwise the COD shall not exceed the BODs concentration by more than 3 times.

·    Total Dissolved Solids in excess of 4000 mg/L.

·    Ammonia (as N) in excess of 50 mg/L at any time.

·    Total Kjeldahl Nitrogen (TKN) in excess of 100 mg/L at any time.

·    Total oil and grease in excess of 100 mg/L at any time.

·    Petroleum Hydrocarbons (non-flammable) in excess of 30 mg/L.

 

Condition no. 4 sets out the requirements for sampling prior to the discharge of the treated effluent to Council’s sewerage treatment plant.  The sampling requirements in Condition no. 4 are as follows:

 

Representative samples of the effluent from each batch shall be collected and tested with respect to pH, BOD, COD, Total Suspended Solids, Total Oil & Greases, Ammonia(as N), Total Dissolved Solids, Total Kjeldahl Nitrogen and Total Petroleum Hydrocarbons.

The discharge shall not commence without Council's review of the sampling results.

 

The sample analysis tests shall be carried out only by laboratories that hold National Association of Testing Authorities (NATA) registration for the class of test(s) or specific test(s) specified in the trade waste approval or by a laboratory acceptable to Council. Tests shall be carried out by using analytical methods indicated in the Australian Sewage Quality Management Guidelines, June 2012, WSAA.

 

In April 2013 Council obtained a valuation for the proposed site from Valuers Herron Todd White.  A copy of the valuation is attached.  The valuation for 2,500m2 was $87,500.  The valuation is on the basis the property is input taxed and free of GST.  Should the property not qualify as GST free, the valuation assessment is to be regarded as inclusive of GST.

 

In 2016, Council staff lodged a development application to create the allotment proposed to be acquired by Mr Gordon.  The survey plan showing the land being the proposed lot 20 is attached.  It is proposed that the land have access to River Street/Gumma Road via a 10m wide right of carriageway.

 

The land is zoned RU1 Primary Production and the Lot Size Map indicates the minimum area required for a new lot in a subdivision to be 40 hectares.

 

The Nambucca Local Environmental Plan 2010 provides that a rural lot with an area smaller than the minimum prescribed on the lot size map may be created in the following circumstances:

4.2C   Exceptions to minimum lot sizes for certain rural subdivisions

(1)      The objective of this clause is to enable the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses or dual occupancies.

(2)      This clause applies to land in the following rural zones:

(a)      Zone RU1 Primary Production,

(b)      Zone RU2 Rural Landscape.

(3)      Land to which this clause applies may, with development consent, be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land, if the consent authority is satisfied that the use of the land after the subdivision will be the same use (other than a dwelling house or a dual occupancy) permitted under the existing development consent for the land.

(4)      Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that:

(a       the subdivision will not adversely affect the use of the surrounding land for agriculture, and

(b)      the subdivision is necessary for the ongoing operation of the permissible use, and

(c)      the subdivision will not increase rural land use conflict in the locality, and

(d)      the subdivision is appropriate having regard to the natural and physical constraints affecting the land.

 

In order to be able to achieve consideration under Clause 4.2C it is necessary that the land use be occurring prior to the determination of the application – “if the consent authority is satisfied that the use of the land after the subdivision will be the same use permitted under the existing development consent for the land”.  As the provision prevented Council staff from considering the subdivision application until after the issue of the development consent by the JRPP and the establishment of the use, the development application for subdivision was withdrawn on 10 March 2016.

 

Given the provisions of Nambucca Local Environmental Plan 2010, in terms of dealing with the land it is proposed that Council enter into a contract of sale with Mr Gordon for his purchase of the proposed lot 20 for $87,500 and that he be allowed to enter the land and establish his processing plant under licence.  A rental of $240 per week for occupation under licence was determined by the Valuer as being appropriate, but Mr Gordon wishes to pay the full purchase price at the exchange of contracts and agree to the release of funds to Council in lieu of paying any rent.  This proposal is agreed.

 

As the existing valuation is now 3 years old, consideration was given to whether a new valuation should be obtained.  Given the cost of obtaining a new valuation and the fact that the development consent requires that Mr Gordon (not Council) to provide appropriate access to the land, it is recommended that Council utilise the 2013 valuation.

 

 

CONSULTATION:

 

There has been consultation with Mr Gordon and his consultant Mr David Pensini who is a Health and Building Surveyor in private practice.  There has also been consultation with Council’s Manager Water and Sewerage, Manager Business Development, Senior Town Planner and Manager Technical Services.  There has been consultation with Council’s solicitor Mr Terry Perkins in relation to the provisions of a contract of sale.

 

It would be fair to say that Council’s Manager Water and Sewerage is not predisposed to either the development or the sale of the land, believing that its proximity to the sewerage treatment plant may compromise Council’s operations, notwithstanding there are no current proposals for the use of the land.  In relation to this concern it should be noted that there remains a very large area of unused land adjacent to the treatment plant should its footprint ever need to be enlarged.  But given changing technology and climate change considerations, it should not be assumed that there will be a need for an ever expanding footprint for the existing treatment plant which is located on a floodplain.

 

Council will need to maintain control of a strip of land estimated at a minimum 15m wide (this will need to be confirmed) from the existing fenced boundary on the western side of the plant.  This area is used to provide access for trucks and machinery to get to the rear of the plant to empty drying beds and carry out other activities.  This land should not be included in any potential sale, rather a right of way would be created to allow access for the applicant.  Condition no. 13 of the development consent provides for this.

 

There has been recent consultation with Mr Gordon in relation to the sale or lease of the land.  Council staff had expressed a preference to enter into a long term lease but Mr Gordon’s strong preference is to acquire the land.  The reason for the suggested lease was to protect Council’s established buffer to the sewerage treatment plan and increase flexibility should Council ever wish to utilise the land in extending the treatment plant or otherwise in a future upgrade.

 

Mr Gordon indicated his personal preference to acquire the land was based on his longstanding approach to business being to own assets and avoid borrowing money.  By way of compromise Mr Gordon agreed to a contract condition wherein Council would have first right of refusal to purchase the land back for the price paid in the event that he ever decided to sell it or transfer it to another company.  However Mr Gordon does not agree to the creation of a caveat on title to ensure the condition is not overlooked.  He is concerned that a caveat my affect his capacity to borrow against the value of the land.

 

Further consideration has been given to the value of an option to purchase the property back.  It is at best an ineffectual approach to trying to control a land use in the treatment plant’s buffer area and is not proposed to be pursued.  This is because it is only triggered by a change in ownership.  There is nothing to prevent the cessation of the proposed use of the land as a grease trap processing plant with approval being sought for another use within the one ownership.  In these circumstances Council would be relying on the considerations in the Environmental Planning and Assessment Act to prevent any land uses which would potentially conflict with odour in the treatment plant buffer.

 

Mr Gordon has also objected to the condition no. 10 of the development consent issued by the JRPP being the payment of Section 64 developer charges for water and sewerage assessed as 1 ET for water ($12,568) and 5.357 ET for sewer ($37,836.49).

 

Whilst not relevant to the proposed subdivision and sale of the land, Section 64 of the Local Government Act 1993 enables council to levy developer charges for water supply, sewerage and stormwater.  This derives from a cross-reference in that Act to Section 306 of the Water Management Act 2000.

 

The proposed treatment includes the discharge of 780,000 litres of processed water into Council’s sewerage treatment plant per year.  It also includes the connection of the development to Council’s reticulated water infrastructure to service staff amenities.  The EPA has included a condition in their general terms of approval limiting the amount of discharge to 750,000 litres per year.

 

In accordance with clause 6.3 of the Water Directorates’ Section 64 Determinations of Equivalent Tenements Guidelines’, a non-typical development equivalent tenement (ET) has been determined for the sewage discharge using the conditioned discharge rate for the calculation of the applicable contribution rate.  One standard ET has been used for water supply.

 

The calculations are as follows:

 

Development Servicing Plan

Contribution Amount

Water Supply

1 ET = $12,568

Sewerage

1 ET = 140kL/a = $7,063

750kL ÷ 140kL = 5.357ET

5.357ET = $37,836.49

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed processing plant to refine grease trap waste should be a positive for environment in significantly reducing the volume of waste currently trucked to Newcastle.

 

There is the possibility of some odour but no more so than from the adjacent sewerage treatment plant.  The proposed site has reasonable buffers to the nearest dwelling.

 

Social

 

There are no significant social issues.

 

Economic

 

New investment which should provide Mr Gordon with the opportunity to increase the size of his business is beneficial to the local economy.

 

Risk

 

With the determination of the development application by the Joint Regional Planning Panel the risk involved in the proposal has been substantially reduced.  The Council still needs to lodge and determine a development application for the proposed two lot subdivision.  As most of the infrastructure required for the subdivision will be provided via the conditions of consent issued by the Joint Regional Planning Panel, the proposed subdivision should not commit Council to any significant costs.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost of undertaking the subdivision should be relatively minor as the access requirement is a condition of consent for DA 2015/135.  There will be costs pertaining to the provision of a certificate from Essential Energy as well as registration and legal fees. 

 

Source of fund and any variance to working funds

 

There may be some relatively minor requirement for working funds to achieve the registration of the subdivision.  However the major impact on working funds arising from rent and the sale of the proposed lot 20 will be positive.

 

Service level changes and resourcing/staff implications

 

There are no significant resourcing/staff implications.

 

Attachments:

1

10188/2016 - Development Plans

 

2

9721/2016 - DA2015/135 -  Consent - Water Treatment Facility

 

3

27153/2013 - Kelly Close Valuation

 

4

3020/2016 - Plan of subdivision lodged with DA2016/011

 

  


Ordinary Council Meeting - 16 June 2016

Proposed Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment Plant

 




Ordinary Council Meeting - 16 June 2016

Proposed Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment Plant

 

Enquiries to:        Daniel Walsh

Contact Phone:    6568 0259

Our Ref:             DA 2015/135

 

 

 

3 May 2016

 

 

 

Tony Gordon Septic Tanks

Po Box 591

MACKSVILLE 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:                   2015/135

 

Applicant:                                                Tony Gordon Septic Tanks

 

Subject Land:                                          Lot: 2 DP: 538542, 20 Gumma Road, Macksville

 

Development Proposal:                            Water Treatment Facility

 

 


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:                                                  28 April 2016

 

Consent to operate from:                         28 April 2016

 

Consent to lapse, unless the development has commenced in accordance with the provisions of Section 95 of the Act:                                                                28 April 2021

 

 


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 - 16 June 2016

Proposed Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment Plant

 

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 3/5/16, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title/Supporting Document

Dwg. No

Prepared by

Dated

Environmental Impact Statement

-

David Pensini

July 2015

Site and Context Plan

DA-01

-

27 August 2013

Layout Plan

DA-02

-

27 August 2013

Process Plan

DA-03

-

27 August 2013

Letter from David Pensini and attachments

 

David Pensini

16 December 2015

 

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.

 

Discharge of Wastewater

 

2.         Wastewater from the development must be discharged into the adjoining sewage treatment plant in accordance with an approval granted under section 68 of the Local Government Act 1993.

A lockable valve and magnetic flow meter shall be provided within the existing fenced area of the sewage treatment plant prior to the point of discharge. All wastewater to be discharged into the sewage treatment plant must be tested and discharged under the supervision of Council.

An inspection point suitable for taking representative samples shall be provided immediately prior to the point where the liquid trade waste enters the sewerage system and/or mixes with domestic sewage from the premises.

 

Waste Water Quality

 

3.       The chemical concentration of wastewater discharged from the development shall not exceed:

 

·   pH levels outside the range of 7.0 to 9.0 at all times.

·   BOD and suspended solids concentration in excess of 300 mg/L at any time.

·   Chemical Oxygen Demand (COD) in excess of 600 mg/L for BODs less than 100 mg/L, otherwise the COD shall not exceed the BODs concentration by more than 3 times.

·   Total Dissolved Solids in excess of 4000 mg/L.

·   Ammonia (as N) in excess of 50 mg/L at any time.

·   Total Kjeldahl Nitrogen (TKN) in excess of 100 mg/L at any time.

·   Total oil and grease in excess of 100 mg/L at any time.

·   Petroleum Hydrocarbons (non-flammable) in excess of 30 mg/L.

 

Sampling

 

4.       Representative samples of the effluent from each batch shall be collected and tested with respect to pH, BOD, COD, Total Suspended Solids, Total Oil & Greases, Ammonia(as N), Total Dissolved Solids, Total Kjeldahl Nitrogen and Total Petroleum Hydrocarbons.

          The discharge shall not commence without Council's review of the sampling results.

 

          The sample analysis tests shall be carried out only by laboratories that hold National Association of Testing Authorities (NATA) registration for the class of test(s) or specific test(s) specified in the trade waste approval or by a laboratory acceptable to Council. Tests shall be carried out by using analytical methods indicated in the Australian Sewage Quality Management Guidelines, June 2012, WSAA.

 

Sludge

 

5.       Sludge resulting from treatment of the waste shall be removed from the premises by a licensed contractor.

 

EPA General Terms of Approval

 

6.         In accordance with Section 91 of the Environmental Planning and Assessment Act 1979 the following conditions are required to be consistent with the General Terms of Approval issued by the NSW Environment Protection Authority (EPA):

a.     Works must not commence until a licence has been obtained from the EPA in accordance with section 43 of the Protection of the Environment Operations Act 1997.

 

b.    The development must be undertaken in accordance with the general terms of approval issued by the EPA on 10 March 2016 and attached to this consent.

 

DPI Water General Terms of Approval

 

7.         In accordance with Section 91 of the Environmental Planning and Assessment Act 1979 the following conditions are required to be consistent with the General Terms of Approval issued by the NSW Department of Primary Industries – Water (DPI Water):

a.   Works must not commence until a controlled activity approval has been obtained from the NSW Department of Primary Industries – Water (DPI Water) and a copy of the approval has been provided to Council.

 

             Advice: Application forms for the controlled activity approval are available from DPI Water's website: www.water.nsw.gov.au  Water licensing > Approvals > Controlled activities.         

 

b.   The consent holder must prepare or commission the preparation of an Erosion and Sediment Control Plan. All plans must be prepared by a suitably qualified person and submitted to the DPI Water for approval prior to any controlled activity commencing. The plans must be prepared in accordance with DPI Waters guidelines located at www.water.nsw.gov.au/Water-Licensing/Approvals.

 

c.   The consent holder must (i) carry out any controlled activity in accordance with approved plans and (ii)  construct and/or implement any controlled activity by or under the direct supervision of a suitably qualified professional and (iii) when required, provide a certificate of completion to DPI Water.

 

d.   The consent holder must carry out a maintenance period of two (2) years after practical completion of all controlled activities, rehabilitation and vegetation management in accordance with a plan approved by the DPI Water.

 

e.     The consent holder must reinstate waterfront land affected by the carrying out of any controlled activity in accordance with a plan or design approved by the DPI Water.

 

f.     The consent holder must ensure that no materials or cleared vegetation that may (i) obstruct flow, (ii) wash into the water body, or (iii) cause damage to river banks; are left on waterfront land other than in accordance with a plan approved by DPI Water. 

 

g.    The consent holder must establish all erosion and sediment control works and water diversion structures in accordance with a plan approved by DPI Water. These works and structures must be inspected and maintained throughout the working period and must not be removed until the site has been fully stabilised. 

 

h.     The consent holder must ensure that (i) river diversion, realignment or alteration does not result from any controlled activity work and (ii) bank control or protection works maintain the existing river hydraulic and geomorphic functions, and (iii) bed control structures do not result in river degradation other than in accordance with a plan approved by DPI Water.

 

 

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

 

Water and Sewerage Section 68 approval required

 

8.       An approval under Section 68 of the Local Government Act 1993 to connect to Council’s infrastructure for water supply and sewerage and to discharge trade waste into Council’s sewer must be obtained from Council.

 

Driveway and Car Parking Plans

 

9.       Plans and specifications that indicate vehicular access from the site boundary to the proposed parking space(s) and manoeuvring details must be submitted to and approved by Council. The access road must not encroach within the existing fenced area containing Councils sewage treatment plant. Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street Car Parking No 1 and Councils Development Control Plan. Plans are to include the following items:

 

a.   Pavement description (minimum 4m wide all weather access track );

b.   Site conditions affecting the access;

c.   Existing and design levels;

d.   Cross sections every 20 metres (The batter of the access track must of sufficient grade for an errant vehicle to be able to recover, alternatively install a roadside traffic barrier)

e.   Drainage (pipes, pits etc.);

f.    Turning paths; and

g.   Line marking and signs.

 

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

 

Contributions and Certificate of Compliance

 

10.     Prior to the commencement of works the developer/consent holder will have to be eligible to obtain a Section 307 Certificate of Compliance under the Water Management Act 2000. To be eligible, the developer/consent holder will have to pay the contributions set out in the following table to Council.

 

Public service

No of Equivalent Tenements

Contribution Rate (Amount per ET)

Contribution Levied

Date until which Contribution rate is applicable

Water

1

$12,568.00

$12,568.00

June 2016

Sewer

5.357

$7,063.00

$37,836.49

June 2016

TOTAL

$50,404.49

June 2016

 

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Flood Planning Level

 

11.     The flood planning level for this development is 3.493m AHD. Detailed plans and specifications must be submitted to and approved by Council prior to the commencement of works which illustrate the processing area at or above the flood planning level and demonstrate that the development will be capable of withstanding flood velocities during a PMF event (0.5-1m/s).

 

Importation of fill

 

12.        Prior to the importation of any fill to the subject land, suitable evidence is to be provided to the satisfaction of Council demonstrating that all fill imported to the site is virgin excavated natural material (VENM) as defined by the Protection of the Environment Operations Act 1997. This may require the material to be sampled and analysed for potential contaminants by a NATA accredited laboratory.

 

Setback from Sewage Treatment Plant Fence

 

13.        The developments setback (excluding driveway access) to the existing chain wire fence on the western side of the existing sewage treatment plant must be increased to 15m in order to maintain existing access in and around the existing plant.

 

            An amended site plan is to be submitted to and approved by Council prior to the commencement of works.

 

Detailed Plans

 

14.        Detailed plans of the proposal including all pipework, valves and meters shall be submitted to Council for approval prior to works commencing.  This is to include a lockable valve and magnetic flow meter within the existing fenced area of the sewage treatment plant prior to the point of discharge.

The final system design must be substantially the same as that approved under this development consent.

 

Erosion & Sediment Measures

 

15.     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

 

16.        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

 

Approved Plans to Remain on Site

 

17.     A copy of the approved plans, details and specifications must remain at the site at all times during construction.

 

Building Code of Australia

 

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

 

 

 

Construction times

 

19.     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

 

Construction Noise

 

20.        All feasible and reasonable work practices shall be implemented to minimise construction noise exceeding the noise management level in accordance with the NSW Interim Construction Noise Guideline (55dB(A). In the event construction noise will exceed the guideline limit, all potentially impacted residents must be notified of the nature of works to be carried out, the expected noise levels and duration, as well as contact details.

 

Construction dust suppression

 

21.     All necessary works are to be undertaken to control dust pollution from the site.

 

These works must include, but are not limited to:

 

a        restricting topsoil removal;

b        regularly and lightly watering dust prone areas (note: prevent excess watering as it can cause damage and erosion;

c        alter or cease construction work during periods of high wind;

d        erect green or black shade cloth mesh or similar products 1.8m high around the perimeter of the site.

 

Builders rubbish to be contained on site

 

22.     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 development site. 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

 

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

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO THE COMMENCEMENT OF USE

 

Works to be completed

 

24.     All of the works indicated on the plans and granted/required by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by Council prior to the commencement of use.

 

Vehicular Access

 

25.     The driveway and parking areas are to be constructed in accordance with the approved plans.

 

Sewer and water to be connected

 

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

Toilet Facilities

 

27.        The toilet building must not be more than 3m in height and must be connected to a public sewer. If the building is not a relocatable structure or is to be located on footings, works must not commence unless a construction certificate is issued by the principal certifying authority (PCA). Such a structure must not be occupied unless an occupation certificate is issued by the PCA.

 

Bushfire Protection

 

28.       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 area of land illustrated on the layout Plan 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)    Landscaping

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

 

Certification

 

29.        Certification that the proposal has been implemented in accordance with the manufactures specifications must be provided to Council prior to the commencement of use.

 

 

REASONS FOR CONDITIONS

 

·      To ensure that the proposed development:

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

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

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

 

·      To meet the increased demand for public amenities and services attributable to the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979 and Section 64 of the Local Government Act 1993.

 

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

 

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

 

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

 

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

 

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:        Nil

 

Integrated Development:                          Yes – s91 water Management Act 2000

                                                                   s43 Protection of the Environment Operations Act 1997

 

 

 


Signed on behalf of Consent Authority

 

 

 

 

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

 

Name:           Daniel Walsh

                     SENIOR TOWN PLANNER

 

Date:              3 May 2016

 

Consent Authority:           Nambucca Shire Council


Ordinary Council Meeting - 16 June 2016

Proposed Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment Plant

 

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Ordinary Council Meeting - 16 June 2016

Proposed Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment Plant

 


Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.5      SF848              160616         Rates and Charges - Review of Ratepayers with Large Sewer Access Charges

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The accounts of ratepayers with 100mm and 80mm water service connections have now been reviewed.

 

Anomalies in water and sewer access charges have been corrected.  In aggregate there is no significant change in Council’s revenue.

 

 

Recommendation:

 

1        That the information concerning the review of ratepayers with large water access charges and the proposed backdated credits be received.

 

2        That the General Fund reimburse the Sewerage Fund for the sewerage access charges payable by the Macksville Memorial Aquatic Centre pending the next scheduled tender in 5 years’ time.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

DISCUSSION:

 

The Council considered a report on a credit adjustment for the Nambucca Heads Island Golf Club at its meeting on 14 April 2016.  It was noted that the Club had received a sewer access charge for a 20mm (water) connection of $239 as well as a sewer access charge for a 100mm (water) connection of $5,975.  These related 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.  A determination was made 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 and that the 20mm connection would be sufficient to provide for the normal operations of the Clubhouse.  This resulted in a credit adjustment of $39,437 being a reversal of the sewer access charge for the 100mm water connection back dated to 1 July 2006 being the date that Council introduced its sewer access charge.

 

In considering the matter it was recommended and resolved that there be a further report to Council on a review of ratepayers with large sewer access charges to ensure the problem was not replicated with other accounts.

 

The accounts of ratepayers with 100mm and 80mm water service connections have now been reviewed and the following table identifies anomalies and their correction.  The two figures shown in bold represent a credit which have or will be provided to the ratepayer.  Other situations have been identified where Council has undercharged the ratepayer and these have been corrected for the ensuring rating year.  In aggregate there is no significant change in Council’s revenue.


 

Name & Address & Ass’t

Result $

Comments

Australian Precast Solutions

2 Centra Park Street

Macksville

Ass’t no. 11124650

-1,881

A refund has been provided for 6 years of water & sewer access charges which were levied for a 20mm water service that was removed in April 2010.  It seems that Council staff disconnected the service on request but this was not communicated to Council’s Rates staff.

 

Nambucca River Co-op

25 Princess Street

Macksville

Ass’t no. 11133154

 

Reduced water access from 3 x 20mm to 2 x 20mm because one of the 20mm connections was on a fire service bypass and otherwise not used.  Without knowing the circumstances of the bypass connection it can’t be determined whether there is any liability on Council for the period of installation.  The change to be effective from 1/7/2016 which will provide a reduction in their annual water access charge of $128 per annum.

 

Dept. of Education

Frank Partridge School

48 Centenary Parade

Nambucca Heads

Ass’t no. 11156445

 

The water service was increased from 50mm to 100mm with a 20mm by-pass in September 2013, but the water & sewer access charges were not updated.  The 100mm connection is predominantly for fire service with only minor normal flows.  The Manager Water & Sewerage has determined that water & sewer access only be charged on a 20mm service.

 

Given the upgrade to a 100mm service has not been charged, there is no requirement to backdate a refund.

 

Uniting Church in Australia Property Trust

11 Short Street

Nambucca Heads

Ass’t no. 11176364

-23,250

2 x 100mm connections dedicated for fire service and not metered.  Effective from 1/7/2016 Council has discontinued charging annual water access charges for the dedicated, unmetered fire service connections.  A refund of the water access charge for these 2 x 100mm connections will be backdated to the date of installation being 2012/2013.

 

Nambucca Valley Care

17-23 Piggott Street

Nambucca Heads

Ass’t no. 11169236

 

Increased 80mm water & sewer access from 1 to 2.   There is one 80mm service in Piggott Street servicing the units and another on Riverside Drive servicing the hostel.  However Council has only been charging for one.  This means an additional $5,633 per annum in revenue to Council.  There is also a 20mm by-pass on a fire service but the corresponding 20mm sewer access charge has been removed.

 

Dept. of Education

Nambucca High School

40-46 Centenary Drive

Nambucca Heads

Ass’t no. 11168670

 

A 1 x 80mm water connection was installed in May 2016 replacing an existing 20mm connection.  Prior to that the school utilised a 20mm bypass from a fire service which had not been charged for.  A 20mm water access charge, being an additional $128 per annum has been added.

 

Fire & Rescue NSW

8 Ken Howard Crescent

Nambucca Heads

Ass’t no. 11161555

 

The fire station has an 80mm fire service with a 20mm bypass.  For reasons unknown, Council has been charging them for 2 x 20mm water and sewer access.  The meter on the 80mm fire service indicates that it is occasionally used, presumably to fill the tanker.  The 20mm water & sewer access charges have been from 2 to 1.  A refund for the additional access charge has not been provided in consideration of the occasional use of the 80mm fire service.

 

Macksville Memorial Aquatic Centre

 

The review of the water access charges for 80mm & 100mm services has revealed that the pool contractors have never been levied a sewer usage charge.  They have paid water access and water usage charges.

 

Based on water consumption over the past 12 months and applying an appropriate discharge factor indicates the charge would be approximately $8,000 per annum.  As Council has just tendered the operating contract for the Centre for the next 5 years with no advice concerning the applicability of a sewer usage charge, the charge should be paid for by Council’s General Fund pending the next scheduled tender in five (5) years’ time.

 

 

It is apparent that metering and usage arrangements can impose some subjectivity into the determination of water supply access charges.  Particularly where there are 20mm bypass meters and the larger 80mm or 100mm supply may be occasionally used for water supply purposes, other than fire fighting.  At what point should Council impose a water supply access charge for the larger connection?

 

There is little in the State Government’s Guidelines on Water Supply, Sewerage and Trade Waste Pricing to assist in understanding the relative roles of usage charges and access charges.  The Guidelines do state that the water usage charge is the key element of “pay for use” water supply pricing and should be broadly based on the long run marginal cost of the water supply system.  The guidelines simply state that the remainder of the income required for financial viability of the water utility should be obtained through an access charge.  The access charge is an annual charge to customers and is independent of the level of consumption.

 

The Guidelines explain the derivation of the water access charge as follows:

 

“To reflect the load they can place on the water supply system, non-residential access charges should be proportional to the square of the size of the customer’s water supply service connection as shown below:

 

AC= AC20 x D2/400

 

Where:         AC     =        Customer’s Annual Access Charge ($)

                   AC20   =        Annual Access Charge for a 20mm diameter water supply service connection (4)

                   D       =        Diameter of customer’s water supply service connection (mm)

 

Examples shown in Table 1 below

 

Table 1 – Examples of Access Charges

 

Diameter of Service

Connection (mm)

Access Charge ($/a)

Utility A

Utility B

20

40

80

25

63

125

40

160

320

50

250

500

100

1,000

2,000

150

2,250

4,500

200

4,000

8,000

 

Therefore applying this formula means that a doubling of the access charge for a 20mm connection will result in a doubling of the access charges for all larger diameter services.

 

Page 87 of the Guidelines also refers to the access charge increasing with the square of the water connection size, “reflecting the load that may be placed on the water supply system.”

 

The Guidelines provide no other assistance as to the rationale for the formula, nor for the implementation issues which are discussed in this report.

 

In terms of the noted examples of information about meter changes not reaching Council’s Rates staff, the process is that applications for a water and sewerage connection have to be made under Section 68 of the Local Government Act.  This typically occurs when the development application, complying development application or construction certificate application is lodged.  However the meter is generally not provided immediately following the determination of the application, but in response to a telephone call from a builder making arrangements for the provision of water for the construction.  This avoids the meter being damaged or vandalised pending the commencement of construction.

 

The request for a meter is received by Council’s administrative staff in the Water & Sewer section who then pass on the request to the outdoor staff.  As part of the water meter installation, the outdoor staff complete a standard water meter sheet which they then deliver to Council’s rates staff who update Council’s Authority system for rates and charges.

 

The process for meter arrangements to be input into Council’s rates system appears to be “straight forward” but as with any system it does rely on the respective participants conveying the required information and correctly documenting or inputting the information into Council’s records.

 

CONSULTATION:

 

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

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no identified risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council’s Water Fund will be affected by the total credits of $25,131 being provided to two ratepayers.

 

On-going the identified anomalies amount to a loss or revenue of $7,262 and an increase in revenue of $5,761 across both the Water and Sewer Funds.  This is a net annual change of -$1,501.

 

The issue identified at the Macksville Memorial Aquatic Centre will result in Council’s General Fund paying Council’s Sewerage Fund approximately $8,000 per annum.

 

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 on service levels or resourcing.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.6      SF770              160616         Inquiry into Water Augmentation in Rural and Regional NSW

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The NSW Legislative Council’s General Purpose Standing Committee No.5 is currently conducting an inquiry into water augmentation in rural and regional New South Wales.

 

The terms of reference indicate a fairly broad ranging inquiry which seems to be focused on examining the adequacy of water storages for the next 40 years.  Items d) and e) of the Inquiry seem to be an attempt to link flood history in northern coastal NSW with opportunities to divert flood flows to other parts of rural and regional NSW.  The Inquiry may be investigating the longstanding and regular calls for the excess flood flows from coastal rivers to be diverted to the west of the Great Dividing Range.

 

 

Recommendation:

 

That the information concerning the inquiry into water augmentation in rural and regional New South Wales be received.

 

 

OPTIONS:

 

Council can choose to make a submission if it wishes.  The closing date for submissions is 14 August 2016.  Council would need to identify the matters to be raised in any submission.

 

 

DISCUSSION:

 

Council has received the following advice from the Hon Robert Brown MLC Committee Chair of the NSW Legislative Council’s General Purpose Standing Committee No. 5:

 

“As you may be aware, the NSW Legislative Council’s General Purpose Standing Committee No.5 is currently conducting an inquiry into water augmentation in rural and regional New South Wales. A copy of the terms of reference is attached for your information.

 

On behalf of the committee, I would like to invite you to make a submission to the inquiry. The closing date for submissions is 14 August 2016.

 

The inquiry will take place over 18 months, and the committee intends to hold public hearings across rural and regional New South Wales, following the closing date for submissions.

 

Submissions can be lodged via:

·      the committee’s website at www.parliament.nsw.gov.au/waterinquiry

·      email to gpsc5@parliament.nsw.gov.au

·      letter to The Director, General Purpose Standing Committee No.5, Legislative Council, Parliament House, Macquarie Street, Sydney NSW 2000.

 

Submissions are confidential until the committee decides to publish them. Once published, submissions are usually placed on the committee's website. Please note that personal contact details will be removed. If you would like to request that all or some of your submission be kept confidential, including your identity, you need to state so clearly in your submission. The committee will consider your request.

 

If the committee accepts your submission, it will be protected by parliamentary privilege. Anyone who republishes a committee document may be subject to the laws of defamation.

 

Further details about the inquiry will be published on the committee’s website as they become available.

 

Further information about participating in an Upper House inquiry, including a guide to writing submissions, can be found at www.parliament.nsw.gov.au/prod/web/common.nsf/key/LCCommitteesGetInvolved

 

If you would like further information about the inquiry or making a submission, please do not hesitate to contact Claire Armstrong on (02) 9230 3307. Please feel free to forward this information to any other interested parties.

 

The committee would greatly appreciate your contribution to this inquiry.

 

Yours sincerely

 

Hon Robert Brown MLC

Committee Chair

 

A copy of the Committee’s terms of reference is attached.

 

The terms of reference indicate a fairly broad ranging inquiry which seems to be focused on examining the adequacy of water storages for the next 40 years.  Items d) and e) of the Inquiry seem to link flood history in northern coastal NSW with opportunities to divert flood flows to other parts of rural and regional NSW.  The Inquiry may be investigating the longstanding and regular calls for the excess flood flows from coastal rivers to be diverted to the west of the Great Dividing Range.

 

Given that Council has secured its potable water supply and the complex environmental, social and economic issues associated with river diversions, it is not proposed that Council make a submission to the inquiry.

 

 

CONSULTATION:

 

There has been consultation with the Manager Water & Sewerage.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

There are no identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

1

19298/2016 - Inquiry into Water Augmentation in Rural and Regional NSW

 

  


Ordinary Council Meeting - 16 June 2016

Inquiry into Water Augmentation in Rural and Regional NSW

 



Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.7      SF453              160616         Domestic Waste Charges for Properties with Multiple Occupancies

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report is brief.  A summary is not required.

 

 

Recommendation:

 

1.       That Council continue with its approach of levying a domestic waste management service           charge on each occupancy on a collection route.

 

2.       That this approach be formalised in Council’s Waste Collection Service Policy.

 

3.       That the complainant be advised of Council’s decision to continue to levy waste           management service charges per occupancy.

 

 

OPTIONS:

 

Council can opt not to impose multiple waste management service charges on (Torrens title) properties containing more than one dwelling as per the practice of Port Macquarie – Hastings Council.  With this option the property owner could apply to reduce their full services to one or more and opt for additional red, yellow or green bin collections at the applicable charge.  A full waste management charge is $527 in 2015/16 compared to the charges for an additional mixed waste (red) bin of $160, an additional recycling (yellow) bin of $70 and an additional organics (green) bin of $110.

 

DISCUSSION:

 

Council’s existing practice for domestic waste has been to mandate the provision of domestic waste services for each dwelling on a Torrens title property.  So typically where a property contains more than one dwelling, for example flats, dual occupancies, secondary dwellings, granny flats or the like, the Council will impose a waste management service charge for each dwelling.  The waste management service charge is $527 in 2015/2016.

 

As per Council’s Authority database, there are 178 properties in the Shire which have 488 waste charges attached to the multiple dwellings.

 

Council has received a complaint from one property owner who has an approved second dwelling who does not wish to continue paying for a second waste management service charge of $527.  Instead the property owner only seeks to pay for a second mixed waste (red) bin at a cost of $160 per annum.  The property owner argues that the occupants of the two dwellings do not require a second waste service and can share their recycling (yellow) and organics (green) bin.

 

Council’s Policy on its Waste Collection Service is silent as to the requirement for a waste service for each occupancy on a property.  It requires a kerbside collection service be provided as a compulsory service to properties on defined collection routes.

 

A check of the policies of other Mid North Coast Councils has identified different approaches as follows:

 

Clarence Valley Council

 

Their policy is to levy a full charge for each occupancy but acknowledge they have not undertaken an audit of services post amalgamation so different arrangements which might have applied pre-amalgamation could still be continuing.

 

Coffs Harbour City Council

 

As per this Council’s practice, Coffs Harbour City Council also imposes a full waste management service charge for each occupancy on a property.

 

Bellingen Shire Council

 

Bellingen Shire Council also imposes a full waste management service charge for each separate occupancy, except that it excludes secondary dwellings as defined in the Bellingen Local Environmental Plan 2010.  It is likely that the exclusion of secondary dwellings would only apply to a small percentage of multiple occupancies.  For example it would not cover holiday flats or dual occupancies.

 

Port Macquarie – Hastings Council

 

They only levy a single waste management service charge on the property and allow the property owner to choose how many additional services they may need.  They are also flexible with strata arrangements whereby if the strata privately contracts a bulk waste service then each strata dwelling only gets an availability charge, not the full waste management service charge.  As per Nambucca Shire Council fees and charges this would mean a charge of $143 instead of $527 (2015/16 fees & charges).

 

MidCoast Council

 

The information from the rates staff of the former Great Lakes Council is that their practice has been to charge a waste management service for every dwelling.  However they have acknowledged that there is a dispute in relation to retirement villages including one which has 205 freestanding villas.  They have been charging a waste management service for each dwelling but this is being challenged by the owner.

 

Conclusion

 

In financial terms if Council were to allow property owners to opt out of waste management services for each additional occupancy it could result in a loss of 488 services (if everybody took up the offer).  The potential “loss” to Council in dollar terms is:

 

·    Contractor payments            $119,040

·    Tip provision                        $44,330

·    Total                                    $163,370

 

Therefore potential “loss” to Council in dollar terms for the reduced number of services would be $44,330 being the tip availability component of the charge (again if everybody took up the offer).  The component for contractor payments goes directly to the contractor and does not affect the waste charges for other residents.

 

Council does provide the option for residents to have additional services with the following charges.  None of these charges for additional services make provision for tip availability.

 

240 litre mixed waste (red) bin   $160

240 litre recycling (yellow) bin    $70

240 litre organics (green) bin      $110

 

The matter was considered by Council’s Manex on 8 June and the consensus was that Council should continue to impose a waste management service charge on each occupancy.

 

The argument for only levying a single charge and allowing residents to determine their waste arrangements (as per Port Macquarie – Hastings) is that the greatest economic efficiency is achieved through user pay arrangements.

 

The arguments for continuing to levy multiple waste service charges is that the existing system is a long way from true user pay and allowing one class of recipients to opt out with different and less costly arrangements will be inequitable in terms of other classes of recipients.  The example cited at Manex was an elderly single person, residing in a free standing home, still having to pay a full waste management service charge of $527 when they may only utilise a small capacity of the available volume.  Another reason to continue to levy multiple waste service charges is that the income serves to reduce the cost to all ratepayers for tip provision.  A third consideration is that with the potential for the amalgamation of waste services across the Coffs Coast Councils there is merit in all three councils pursuing similar policies in relation to waste management.

 

CONSULTATION:

 

The matter has been discussed with the Rates Officer, the Civic Services Coordinator, and with Manex.

 

The consensus of Manex was that Council should continue to impose a waste management service charge on each occupancy.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no significant social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no significant risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation has not budgetary impact.

 

Source of fund and any variance to working funds

 

The recommendation has no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The recommendation has no impact on service levels nor staffing implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.8      SF1120            160616         Cricket NSW - Request for Matching Funding of $12,500 to Purchase Lawn Mower

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

RecommendationS:

 

1        That Council make provision in its 2016/2017 operational plan for the requested $12,500 (excluding GST) donation towards the purchase of a Toro Reelmaster 5510 to be used for the mowing of Thistle Park and the Donnelly Welsh Playing Fields.

 

2        That Council’s contribution is subject to the mower being insured and available for both junior and senior cricket and also for Council staff.

 

3        That Cricket NSW be advised of Council’s decision.

 

 

 

options

 

Council did provide approval to an interest free loan for the purchase of a mower for $41,000.  A lower cost option for Council would be to offer the same no interest loan for $12,500 instead of $41,000.  Council also has the option of providing no financial support.

 

 

Discussion

 

At Council’s meeting on 28 January 2016 it was resolved that Council approve a no interest loan of $41,000 to the Macksville Ex-Services Junior Cricket Club for the purchase of a lawn mower if the Club received a grant from Cricket NSW for the balance.

 

Council has now received a request from Cricket NSW (attached) for a cash contribution from Council of $12,500 excluding GST to match their contribution for the purchase of Toro Reelmaster 5510 for $55,000.

 

Cricket NSW advise that the Macksville Ex-Services Junior Cricket Club has secured $10,000 (excluding GST) in funding from the State Government’s Local Sport Grant Program and are confident of securing $20,000 excluding GST from the Federal Government’s Stronger Communities Program.

 

With a balance of $25,000 to purchase the mower, Cricket NSW is proposing a 50/50 partnership with Council to fund the remainder, ie $12,500 excluding GST each.

 

A funding partnership whereby Council is contributing about a quarter of the cost of a mower to be used by volunteers to maintain our parks is considered a good outcome.  Commonly users of other facilities such as libraries and parks would not be providing the same level of financial and in-kind support for the maintenance of those assets.

 

Thistle Park and the Donnelly Welsh Playing Fields are Council reserves which are maintained by the Club’s volunteers who mow the fields, sometimes twice a week during the cricket season, on behalf of Council.

 

The Donnelly Welsh Playing Fields Committee of Management recently received $5,000 through a volunteer grant for landscaping and gardening.

 

 

CONSULTATION:

 

There has been consultation with Council’s Grants Officer.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts associated with this report.

 

Social

 

There are social benefits associated with making volunteers’ jobs easier, as it will keep volunteers from getting discouraged about the lack of adequate equipment to maintain Council’s assets.

 

Economic

 

There are no economic impacts associated with this report.

 

Risk

 

There are no particular risks.  It is a relatively large amount of assistance to provide to a Committee of Management however they do provide a relatively large commitment of time in maintaining these recreational assets.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

It is proposed that the $12,500 excluding GST be incorporated into Council’s 2016/17 operational plan.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.  It is proposed that the funding be budgeted for.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels or resourcing/staff implications.

 

Attachments:

1

19302/2016 - Cricket NSW request - purchase of mower

 

  


Ordinary Council Meeting - 16 June 2016

Cricket NSW - Request for Matching Funding of $12,500 to Purchase Lawn Mower

 





Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.9      SF929              160616         Visitor Information Centre - Future Options

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report is brief.  A summary is not required.

 

 

Recommendation:

 

That Council call for Expressions of Interest to rent or lease the existing Visitor Information Centre, with all EOI’s to include proposals for the provision of visitor information.

 

 

OPTIONS:

 

The preference is for a resolution that does not “lock” Council into providing a staffed VIC at the existing facility.

 

There may be other options for achieving this besides the recommendation.  The recommendation does allow prospective tenants to put forward proposals which they believe will be workable.

 

The other option which has been previously listed is the status quo, ie that Council continues to operate the existing Visitor Information Centre largely staffed by a paid Tourism Co-ordinator and volunteers and not have any involvement in the Highway Service Centre.  In this scenario Council’s investment in tourism marketing would continue to be focused on a “walk in” centre.  Given the relocation of the Pacific Highway and movement to web based marketing and booking, this is unlikely to be the best strategy for the future.

 

DISCUSSION:

 

There was a recommendation to Council’s meeting on 12 May 2016 to call for Expressions of Interest to rent or lease the existing Visitor Information Centre.

 

The Council did not adopt the recommendation but instead resolved as follows:

 

1.       That Council call for Expressions of Interest to rent or lease the existing Visitor Information Centre, with the understanding that there would be a requirement for a small floor space to be used for the Visitor Information Centre.

 

Council staff have been proceeding with the negotiations for a presence in the new BP Travel Centre (Service Centre) at the Nambucca Heads interchange and will likely finalise a proposal for a local tourism/product offer within the next 2 months.

 

In furthering the negotiations it has become apparent that the firm view of Council’s resolution from at least some members of Nambucca Valley Tourism is as per the Association’s letter of 23 March 2016 (attached) being in any lease of the existing Visitor Information Centre that at least 12 square metres for visitor information brochures, and a help desk with a computer for one volunteer be required.  Accordingly the expectation is that the existing Visitor Information Centre will continue to be staffed by a volunteer taking enquiries and doing bookings as per the existing arrangements.

 

There is a question as to how, in a practical sense, this would work in any lease of the building.  The building only has approximately 35 square metres of general floor area and besides the difficulty of agreeing on how the space would be split with a commercial tenant, agreement would also need to be reached in relation to sharing utility costs, being electricity and water as well as other operating costs like insurance, security, cleaning, waste collection, Council rates, air conditioner servicing, pest inspections and treatments, general maintenance etc.  Also the car park has limited capacity and there may be conflict with a commercial tenant as to the spaces available to their business vis-à-vis tourism.

 

Whilst Council can seek expressions of interest as per the terms of the resolution and the requirements of the Nambucca Valley Tourism Association, the expectation is that it will be difficult if not impossible to source a tenant paying a reasonable commercial return.

 

The report to Council’s meeting on 12 May did allude to the “big picture” with visitor centres.  Common themes regarding Visitor Centres from the recent annual local government tourism conference included:

 

·      Foot-traffic to VICs is declining: VICs are becoming less pivotal to tourism industry success.

·      The future is Technology, not Walk-ins as people move to self-curated flexible travel.

·      The need to move from Visitor “Centres” to Visitor “Services”.

·   Co-location of visitor information with other areas of Council eg Ulladulla (Library, Civic Centre) or Bingara (Theatre, Café, Museum).

 

For Nambucca Shire Council, the discussion is driven by industry change and the relocation of the Pacific Highway.

 

 

CONSULTATION:

 

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

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The risk is essentially the expectation that Council will operate two visitor information centres when the evidence would question continuing involvement in them as a cost effective means of marketing tourism.

 

Council’s involvement in tourism should be focused at a strategic level to primarily increase bed nights.  With the movement to web based booking sites for accommodation and tours as well as the relocation of the Pacific Highway, the view is that the existing VIC will become less relevant to tourism marketing. 

 

Alternative strategies which apply more resources to marketing through social media such as Instagram, Facebook, Twitter and the like as well as through other web based marketing are likely to provide a better return on investment.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The financial implications were reported to Council’s meeting on 12 May 2016.  There is nothing further to add other than an expectation that Council will not secure a commercial tenancy with a requirement to co-house the activities of a visitor information centre.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The service level impacts have been discussed in the report to Council’s meeting on 12 May 2016.

 

 

Attachments:

1

10709/2016 - NVTA response to council report on the future of the Visitor Information Centre

 

  


Ordinary Council Meeting - 16 June 2016

Visitor Information Centre - Future Options

 




Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.10    DA2016/050      160616         DA2016/050 Dwelling house and shed Lot 114 DP 861793 Valla Road, Valla

 

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

 

Summary:

 

The development application is for a dwelling house and a shed. The development will rely on mains power, private water supply and on site sewerage. Vehicular access within the lot has been established. The local road is bitumen sealed to the property.

 

The development site is located within an R5 cluster of 5 lots in rural Valla, completely surrounded by properties zoned RU2. The development site is also positioned within 1 kilometre of the operational face of the Valla Quarry.

 

The subject lot was created as part of a 4 lot subdivision approved by Council in 1996.  These four lots are subject to a Restriction on Use on the land title relating to ‘rural buffers’, a requirement historically contained in the Nambucca LEP. This restriction stipulates, amongst other things, that no dwelling houses are to be constructed within a 150 metre buffer that runs parallel to the western boundary.

 

The dwelling has been positioned on the lot so as to comply with the provisions of Nambucca DCP 2010 – Table F1: Buffers between Commercial Activities/Rural Industries and Dwellings applying the Grazing Land Separation Distance of 60 metres (from the western boundary) with a 20 metre minimum width Vegetation buffer.

 

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 Development Consent be granted for the proposal as applied for, in accordance with the recommended conditions of Development Consent included in this report.

 

 

OPTIONS:

 

1.         That Council adopt the recommendation of this report.

 

2.       That Development Consent is granted to the proposal with the repositioning of the dwelling to comply with the provisions of Nambucca DCP 2010 - Table F1: Buffers between Commercial Activities/Rural Industries and Dwellings applying the Agriculture crops/horticulture Separation Distance of 80 metres with a 40 metre minimum width Vegetation buffer.

 

NOTE: This would require a review of the development proposal by the Applicant/designer/owners.

 

3.       That Development Consent is granted to the proposal with the repositioning of the dwelling to comply with the Restriction on Use registered against the property title effectively requiring the dwelling to be constructed outside of the 150 metre buffer established on the title.

 

NOTE: This would require a more significant review of the development proposal by the Applicant/designer/owners.

 

 

DISCUSSION:

 

On 31 March 2016, Kalang Design House (KDH) lodged a Development Application for a dwelling house and a shed on Lot 114 DP 861793, Valla Road, Valla.  Please refer to Attachment 1 for the proposed development plans.  Please also refer to Attachment 2.  The proposed siting of the dwelling is approximately depicted with a black X.

 

The application was notified to adjoining property owners from 13 April 2016 to 27 April 2016. One submission was received on 22 April 2016 with a further submission on 4 May 2016 from the same author(s).

 

The submission(s) essentially request that Council reject the Development Application in its current form and that the dwelling house and shed be sited outside the 150 metre buffer enshrined in the land title (noting that a shed is not affected by the Restriction on Use). The submission(s) also discuss land use history and provide a concise chronology of the development history relative to the subject land, the Restriction on Use and the determination by Council of the granting of Development Consent to the subdivision that established the lots in the R5 cluster.  The submission(s) has not been summarised in this report due to length and context, however is contained in Attachment 3 and Attachment 4.

 

The proposal complies with the LEP and all relevant DCP requirements, in particular F1.3.2 Buffers, having regard to the existing adjoining land use to the west, that being grazing. This currently occurs up to the common boundary between the development site and the adjoining land to the west. It has been suggested that in the future there may be some form of intensive horticulture eg. blueberries on the land to the west.  Whilst this is possible it would not foreseeably occur up to the common boundary. A buffer would exist by virtue of topography (slope and aspect) and if structures were to be employed to protect such a crop, boundary setbacks would also apply.  Please refer to Attachment 5excerpt from Nambucca DCP2010 Part F – Rural and Environmental Development (R5 RU1 RU2 RU3 E2 and E3). This Part contains the buffer requirements.

 

It is acknowledged that the submission(s) contest the effectiveness of a vegetation buffer within the context of the proposed development, the DCP requirements however cannot be imposed on adjoining properties as a function of the subject development.

 

There are existing anomalies within the R5 cluster with respect to the location of dwellings and the Restriction as to Use on the title (150 metre Agricultural buffer). The known status of each property within the R5 cluster is as follows;

 

·           Lot 112 in DP861793 – this property hosts an existing dwelling, swimming pool and sheds. The dwelling is very close to the property boundary to the west. It is understood that this dwelling existed prior to the creation of the R5 cluster. It is noted that the 150 metre buffer would preclude the construction of a dwelling house anywhere on this site.

·           Lot 113 in DP 861793 – this property hosts an existing dwelling and other building. It would appear that the structure closest to the southern corner of the allotment may encroach on the 150 metre buffer.

·              Lot 114 in DP 861793 – development site, currently vacant land

·           Lot 115 in DP 861793 – this property hosts a shed, understood to have been converted/adapted for use as a dwelling without the consent of Council. This building is located within the 150 metre buffer.

·              Lot 12 in DP 595188 – this property hosts an existing residence and outbuildings.

 

Having regard to the existing development scenarios, the author has not been able to identify any significant records of complaints with respect to land use conflicts in the general locality other than those associated with the operation of the Valla Quarry.

 

Whilst principles of ‘the right to farm’ are warranted and acknowledged, the ‘right to farm’ does not infer a right to create nuisance, cause pollution of the environment etc. State Government bodies such as the Environment Protection Authority (EPA) and the Department of Industry and Investment (DI & I) administer legislation intended to regulate farming activities and off site impacts.

 

In conclusion, Council is empowered to alter, modify or vary the Restriction on Use (150 metre buffer). This can be justified on planning grounds having regard to the provisions as previously outlined in the Nambucca DCP 2010.

 

CONSULTATION:

 

This application has been discussed with Council’s Senior Town Planner.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The development in its own right is not considered to pose any adverse environmental impacts.

 

Social

 

Land use conflicts do not always engender harmony in a social context.

 

Economic

 

Positive with respect to employment of tradespeople etc

 

Risk

 

Granting consent to the proposal as it stands or in accordance with options provided for the Council is not considered to pose any significant risk to Council, financial or otherwise.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

19708/2016 - Attachment 1

 

2

19697/2016 - Attachment 2

 

3

19699/2016 - Attachment 3

 

4

19698/2016 - Attachment 4

 

5

19700/2016 - Attachment 5

 

6

19782/2016 - Attachment 6 - Details of Conditions

 

  


Ordinary Council Meeting - 16 June 2016

DA2016/050 Dwelling house and shed Lot 114 DP 861793 Valla Road, Valla

 






Ordinary Council Meeting - 16 June 2016

DA2016/050 Dwelling house and shed Lot 114 DP 861793 Valla Road, Valla

 




Ordinary Council Meeting - 16 June 2016

DA2016/050 Dwelling house and shed Lot 114 DP 861793 Valla Road, Valla

 







































Ordinary Council Meeting - 16 June 2016

DA2016/050 Dwelling house and shed Lot 114 DP 861793 Valla Road, Valla

 

















Ordinary Council Meeting - 16 June 2016

DA2016/050 Dwelling house and shed Lot 114 DP 861793 Valla Road, Valla

 







Ordinary Council Meeting - 16 June 2016

DA2016/050 Dwelling house and shed Lot 114 DP 861793 Valla Road, Valla

 

DETAILS OF CONDITIONS

 

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1        The development is to be implemented generally in accordance with the plans and supporting documents endorsed with the Council stamp, dated 9/06/2016 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

Site plan

-

Kalang Design House

22/1/2016

Elevations and BASIX commitments

-

Kalang Design House

March 2016

North east and South west elevations

-

Kalang Design House

March 2016

Roof plan

-

Kalang Design House

March 2016

Floor plan

-

Kalang Design House

March 2016

BASIX certificate

-

Kalang Design House

March 2016

Shed plans and details

-

Showers Engineering

29/3/2016

 

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

 

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

 

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

 

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

 

This condition does not apply:

 

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

b        to the erection of a temporary building.

 

Notification of Home Building Act 1989 requirements

 

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

 

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

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

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

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

i         the name of the owner-builder, and

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

 

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

 

 

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

 

Construction of buildings in bushfire-prone areas - further details required

 

4        The application for a Construction Certificate is to include details indicating the construction of the building to Bushfire Attack Level 12.5 as defined in AS 3959-2009 - Construction of buildings in bushfire-prone areas.

 

 

Long Service Levy to be paid

 

5        A Long Service Levy must be paid to the Long Service Payments Corporation. This amount payable is currently based on 0.35% of the cost of the work. This is a State Government Levy and is subject to change.

 

These payments may be made at Council’s Administration Office. Cheques are to be made payable to Nambucca Shire Council.

 

 

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

 

Plumbing Standards and requirements

 

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

 

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

 

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

 

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

 

Erosion & sediment measures

 

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

 

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

 

Toilet facilities

 

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

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


 

Rural House numbering

 

9        The Rural Address Number for this property will be allocated upon application to Council’s Senior GIS officer. The Rural Address Number must be displayed at the main driveway entrance approved for the property, in accordance with the NSW “Rural Property Address Guidelines” to ensure prompt identification by emergency services and the general public (for further information go to http://www.gnb.nsw.gov.au/info/rural_addressing.pdf).

 

Site construction sign required

 

10      A sign or signs must be erected before the commencement of the work in a prominent position at the frontage to the site:

 

a        showing the name, address and telephone number of the principal certifying authority for the work, and

b        showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c        stating that unauthorised entry to the work site is prohibited.

 

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. No sign is to have an area in excess of one (1) m2.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Consent required for works within the road reserve

 

11      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.

 

Construction times

 

12      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

 

Inspection of water and drainage works required

 

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

 

a        sanitary plumbing and drainage

b        potable water supply plumbing

c        completion of all plumbing and drainage works

 

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


Vegetation buffer (20 metres)

 

14      Prior to the issue of the Construction Certificate, a landscaping plan shall be provided to Council for the establishment of a 20 metre wide vegetation buffer running parallel to the western property boundary for the length of the subject land. This plan shall be developed in accordance with the relevant requirements of Part F of Nambucca DCP 2010 – Rural and Environmental Development.

 

The plan, once endorsed must be implemented prior to Occupation of the building.

 

In order to ensure ongoing protection and maintenance, the landscaping buffer required by this condition shall be registered against the land title in accordance with 88B of the Conveyancing Act, 1919, prior to the issue of the Final Occupation Certificate.

 

 

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

 

Sealed driveway in accordance with Roads Act

 

15      A sealed driveway is to be constructed from the edge of the road formation to 3m within the property boundary in accordance with the Roads Act consent. Min 375 RC pipe with headwalls through table drains.

 

16      The driveway shall have a minimum width of 5m at the edge of the road formation and 3m at the property boundary.

 

Works to be completed

 

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

 

Sewer service diagram

 

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

 

 

REASONS FOR CONDITIONS

 

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

 

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

 

To ensure adequate access to and from the development.

 

To ensure that appropriate landscaping is provided.

 

To protect the environment.

 

To minimise the possible adverse effects from bushfires.

 

 


Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.11    SF2172            160616         Minutes of the Nambucca Shire Council Access Committee meeting held 26 April 2016

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 26 April 2016 are attached for Council’s endorsement. 

 

Note:  Joanne Blain from Nambucca Valley Phoenix was also in attendance.

 

 

Recommendation:

 

That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 26 April 2016.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

REPORT ON GENERAL BUSINESS – CHANGES TO BULK WASTE COLLECTION

 

The minutes record a motion which requested Councillors Smyth and South to make representation at Council’s 28 April 2016 meeting on behalf of the Committee regarding changes to the bulky goods/kerbside collection service.  The concerns for seniors and people with disabilities are noted in the minutes. The timing of this report is such that the Access Committee’s May minutes (which contain a recommendation to Council regarding this matter) will be presented to Council at this same meeting.

 

 

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

14056/2016 - Minutes - Access Committee - 26 April 2016

 

  


Ordinary Council Meeting - 16 June 2016

Minutes of the Nambucca Shire Council Access Committee meeting held 26 April 2016

 

PRESENT

 

Cr E South (Chairperson)

Dr Dorothy Secomb

Ms Lee-anne Funnell

Ms Alba Sky

Ms Coral Hutchinson

Mr Les Small

Cr A Smyth

Mr Keith Davis

Ms Sam Noble

Ms Joanne Blain

 

 

APOLOGIES

 

Ms Jenny Adams

Ms Margaret Hutchinson

Ms Fiona Henwood

Ms Alba Sky

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 3.1      SF2172              260416      Confirmation of the Minutes of the Previous Meeting held  22 March 2016

Recommendation:  (davis/secomb)

 

That the Committee confirm the minutes of the meeting held 22 March 2016.

 

 

 

ITEM 3.2      SF2172              260416      Business Arising from Previous Meeting held 22 March 2016

Recommendation: (small/davis)

 

That the matters arising, which included feedback from Seniors Week luncheon, be noted; and that the information about Missed Business be sent to Chambers of Commerce to promote awareness about providing good access. 

 

 

 

ITEM 3.3      SF2172              260416      Correspondence to the Access Committee meeting 26 April 2016

Recommendation:

 

There was no correspondence.

 

 

 

ITEM 3.4      SF2172              260416      Report on General Business to the Access Committee 26 April 2016

Recommendation: (davis/secomb)

 

That Councillors Smyth and South be requested to raise the Committee’s concerns regarding changes to the bulk rubbish collection at the Council meeting on 28 April 2016.  The Committee noted that as of July 2016 the bulky goods pick up will conclude and that a trial will commence which will require people to deliver their own goods to the waste depot.  The Committee supports a continuation of a kerb-side pickup as:

·    Some people have no capacity to get bulk rubbish to the tip.

·    Not everyone has a vehicle, let alone a towbar and trailer.

·    The Nambucca Shire has become a retirement destination with a high proportion of seniors and people with disabilities who will require assistance to handle large household items.

·    The change is seen as a backward step.

·    The previous arrangement had advantages – not all items went to landfill and getting assistance from friends and neighbours to put items on the kerbside is a lot easier than having to get them into a trailer or vehicle, secure the items, transport them and also then sort them at the waste depot.

 

Other items discussed without formal action included: Living Well Expo; emailing business papers; invitation to Better Hearing for May meeting.

 

   

 

NEXT MEETING DATE

 

The next meeting will be held on Tuesday 25 May 2016 commencing at 2.00pm

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 2.55 pm. 

 

 

 

………………………………

CR SOUTH

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.12    SF2172            160616         Minutes of the Nambucca Shire Council Access Committee meeting held 24 May 2016

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 24 May 2016 are attached for Council’s endorsement.  There is 1 specific recommendation as follows:

 

That the Committee note the concerns of the public regarding changes to the bulk rubbish collection and suggest that if people have complaints about the withdrawal of the service that they make their concerns known to Council.

 

 

 

Recommendation:

 

1.       That Council notes the Committee’s concerns and the feedback it has received from the public regarding changes to the bulk rubbish collection; and its suggestion that if people have complaints about the withdrawal of the service that they make their concerns known to Council.

 

2.       That Council endorse the remaining minutes of the Nambucca Shire Council Access Committee meeting held 24 May 2016.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

Recommendation 1 relates to business discussed at the April minutes.  The relevant extract from those minutes follows:

 

That Councillors Smyth and South be requested to raise the Committee’s concerns regarding changes to the bulk rubbish collection at the Council meeting on 28 April 2016.  The Committee noted that as of July 2016 the bulky goods pick up will conclude and that a trial will commence which will require people to deliver their own goods to the waste depot.  The Committee supports a continuation of a kerb-side pickup as:

·    Some people have no capacity to get bulk rubbish to the tip.

·    Not everyone has a vehicle, let alone a towbar and trailer.

·    The Nambucca Shire has become a retirement destination with a high proportion of seniors and people with disabilities who will require assistance to handle large household items.

·    The change is seen as a backward step.

·    The previous arrangement had advantages – not all items went to landfill and getting assistance from friends and neighbours to put items on the kerbside is a lot easier than having to get them into a trailer or vehicle, secure the items, transport them and also then sort them at the waste depot.

 

 

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

16904/2016 - Minutes - Access Committee - 24 May 2016

 

  


Ordinary Council Meeting - 16 June 2016

Minutes of the Nambucca Shire Council Access Committee meeting held 24 May 2016

 

PRESENT

 

Cr Elaine South (Chairperson)

Ms Jenny Adams

Ms Fiona Henwood

Cr Anne Smyth

Mr Peter Shales

Mrs Margaret Hutchinson

Dr Dorothy Secomb

Ms Coral Hutchinson

 

APOLOGIES

 

Ms Sky Alba

Ms Lee-Anne Funnell

Mr Keith Davis

Mr Les Small

 

 

DISCLOSURES OF INTEREST

 

Ms C Hutchinson declared a non-pecuniary less significant conflict of interest in Item 3.4 Report on General Business to the Access Committee under the Local Government Act as Ms Hutchinson’s position is partly subsidised by Department of Family and Community Services, Ageing Disability and Home Care funding. 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 3.1      SF2172              240516      Confirmation of the Minutes of the Previous Meeting held 26 April 2016

Recommendation: (Secomb/smyth)

 

That the Committee confirm the minutes of the meeting held 26 April 2016.

 

 

 

ITEM 3.2      SF2172              240516      Business Arising from Previous Meeting held 26 April 2016

ReCOMMENDATION: (smyth/secomb)

 

That the Committee note the concerns of the public regarding changes to the bulk rubbish collection and suggest that if people have complaints about the withdrawal of the service that they make their concerns known to Council.

 

 

 

ITEM 3.3      SF2172              240516      Correspondence to the Access Committee meeting 25 May 2016

Recommendation:

 

There was no correspondence.

 

 

 

ITEM 3.4      SF2172              240516      Report on General Business to the Access Committee 24 May 2016

Recommendation:

 

The following was noted:

1.       The “Accept Difference” community campaign.

2.       Progress on toilet facilities (tender) for Shelley Beach.

3.       Roll-out of the NDIS and the Mid North Coast timeframes.

4.       New management of the Macksville Memorial Aquatic Centre and the Committee’s desire to continue to support  and advocate for programs for people with disabilities.  To be further discussed at the June meeting. 

 

   

 

NEXT MEETING DATE

 

The next meeting will be held on Tuesday 28 June 2016 commencing at 2.00pm.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being  3.27 pm. 

 

 

………………………………

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.13    SF639              160616         Changes to position titles in the organisation structure

 

AUTHOR/ENQUIRIES:    Joanne Hudson, Manager Human Resources         

 

Summary:

 

Position titles for a number of positions have been amended to reflect changes in responsibilities.

 

The purpose of this report is for Council to adopt the organisation structure with the new position titles. There are no other changes to report.

 

 

Recommendation:

 

That Council adopt the following changes to position titles in the organisation structure:

·      Grants and Contributions Officer to Grants Officer

·      Ranger x 1 to Ranger Coordinator

·      Attendant/Plant Operator x 1 to Weighbridge Operator

·      Construction Carpenter x 1 to Concreter

 

 

 

OPTIONS:

 

Council can choose not to adopt the recommendation.

 

 

DISCUSSION:

 

Position titles for a number of positions have been amended to reflect changes in responsibilities:

 

Grants and Contributions Officer to Grants Officer

Reason: contributions planning removed from position description; now undertaken by Assistant General Manager Corporate Services.

 

Ranger to Ranger Coordinator

Reason: to differentiate from the new Ranger position and because the Ranger Coordinator will supervise the Ranger and coordinate the roster with Bellingen Shire Council.

 

Attendant/Plant Operator x 1 to Weighbridge Operator

Reason: When one of the two Attendant/Plant Operator positions became vacant, the position was reviewed prior to recruitment. Changes were made to the role and the title was changed accordingly.

 

Construction Carpenter x 1 to Concreter

Reason: One of the Construction Carpenter positions became vacant, and the position title was changed prior to advertising so that we could attract an experienced concreter.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Corporate Services

Manager Development and Environment

Ranger

Assistant General Manager Engineering Services

Civic Services Coordinator

Manager Infrastructure Services

Structures Coordinator

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable

 

Social

 

Not applicable

 

Economic

 

Not applicable

 

Risk

 

Not applicable

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Not applicable

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.14    SF2173            160616         Outstanding DAs greater than 12 months or where submissions received - 17 May 2016 - 7 June 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.  Letter sent to applicant 3 May 2016 giving 30 days to lodge outstanding 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:  Legal advice being sought by Council re right of carriageway

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

Fifty-three 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 – supermarket may close meaning jobs 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 and the surrounding area in general

·           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

·           Plans lack an honest showing of dimensions

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

·           There is already enough holiday accommodation in Scotts Head

·           Parking provisions for the development appear inadequate

·           Traffic information with application inadequate

·           Shadow diagrams incomplete

·          As shops will be closed for the period of construction, Council should provide a free daily bus service between Scotts Head and Macksville to compensate residents and holiday makers for the inconvenience

·           Council should hold a community/site meeting to discuss the proposal

·           May create stormwater issues

·           Can the application be Photoshopped to give a realistic view of appearance and scale

·           Height poles should be placed to demonstrate the actual height of the building

·           No detail on how ESD principles have been incorporated into design

·           Will any of the apartments be set aside as affordable housing?

·           Value of works appears to be understated

·           Not enough detail in the application

·           Safety issues with gas bottles too close to adjoining residential property

STATUS: Being assessed – additional information required from applicant. Letter sent to applicant 16 May 2016 requiring additional information within 30 days. Some has now been lodged.

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 – Council has requested further information

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2016/050

31 March 2016

Dwelling-House & Shed

Lot 114 DP 861793, Valla Road, Valla

One submission has been received – it opposes the proposal

·             Location of proposed residence and shed is within the 140 metre Rural Buffer shown on the 88b instrument

·           Owners of adjoining property already undertake agricultural activities and intend to keep doing so right up to their boundary

STATUS: Called in by Council – report being prepared

DA NO

DATE OF RECEIPT

PROPOSAL

ADDRESS

2016/062

19 April 2016

Dwelling-House

Lot 316 DP 755550, 3 Millers Road, Newee Creek

One submission has been received – it opposes the proposal

·           Future verandah noted on plans should not be built and no future extensions/additions should be allowed

·           Current shed should be removed

STATUS : Being assessed

DA NO

DATE OF RECEIPT

PROPOSAL

ADDRESS

2016/069

2 May 2016

Holiday Markets – Wildlife Rescue

Lot 3 DP 1202794, Adin Street, Scotts Head

Nine submissions have been received – they oppose the proposal

·           The markets should be operated by the Scotts Head Events Committee of Management so all the profits stay in the local community

STATUS: Being assessed – Scotts Head Events Committee of Management have also lodged a DA

DA NO

DATE OF RECEIPT

PROPOSAL

ADDRESS

2005/345/02

29 April 2016

Residential Subdivision – 3 lots into 4 – modify by removing turning circle

Lot 32 DP 1124339, 14 Thompson Street, Valla Beach

One submission has been received – it opposes the proposal

·           The turning circle should be retained but relocated to either near the shop or the tennis courts.

STATUS: Being assessed

DA NO

DATE OF RECEIPT

PROPOSAL

ADDRESS

2016/080

23 May 2016

Holiday Markets – Scotts Head Events Committee

Lot 3 DP 1202794, Adin Street, Scotts Head

Three submissions have been received – they support the proposal

·           Will energise the hub of Scotts Head

·           Gives business knowledge to Vendors

·           Makes use of the new Village Green

·           Retail shops benefit from ‘spin off’ trade

·           Keeps local dollars within the local community

·           Gives opportunities for social engagement

·           Introduces new visitors to Scotts Head

·           Allows introduction of new products to enhance the senses

·           Council should approve this DA in recognition of the tireless work of the Events Committee

·           The Wildlife Rescue Group should participate in markets run by this Committee.

STATUS: Being assessed

DA NO

DATE OF RECEIPT

PROPROSAL

ADDRESS

2016/074

12/05/2016

Dwelling Additions

Lot 102 DP 1134631, 13 Edgewater Drive, Nambucca Heads

Two submissions have been received – they oppose the proposal

·           Rear east boundary measurements are incorrect

·           New patio may extend onto adjoining block

·           Roofline should be altered

·           Will possibly generate noise that could be heard from next door

·           Want to ensure stormwater is adequately dealt with

·           Roof does not comply with requirements of 88b instrument

·           Earthworks are already unstable

·           Overshadowing and privacy issues

STATUS: Being assessed – additional information required from applicant

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.15    SF2208            160616         Planning Proposal - Addition to House Keeping Amendment - Additional Permitted Land Use in IN1 Land Use Zone

 

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

 

Summary:

 

The purpose of this report is to gain a Council resolution to support a proposed LEP amendment to the Nambucca Local Environmental Plan 2010 (NLEP2010) with the purpose of adding an additional permitted with consent use – vehicle sales or hire premises - to the IN1 General Industrial Land Use Zoning.

 

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 include vehicles sales and hire premises as a “permitted with consent” land use to the IN1 Land Use Table 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 Council’s recent gateway application for a housekeeping amendment.

 

 

 

OPTIONS:

 

Council may choose not to proceed with this amendment.

 

 

DISCUSSION:

 

As part of preparing for the future development of the Valla Growth Area, Council staff have been reviewing permitted uses for the different Land Use Zones there.

 

Examination of the permitted uses in the IN1 General Industrial Land Use Table showed that vehicle sales and hire premises had not been added to the “permitted with consent” section.

 

Vehicle sales and hire premises are defined in the NLEP2010 as:

 

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

 

Note. Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.”

 

 

Retail premises are defined in the NLEP2010 as:

 

retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;

 

(a)  bulky goods premises,

(b)  cellar door premises,

(c)  food and drink premises,

(d)  garden centres,

(e)  hardware and building supplies,

(f)  kiosks,

(g)  landscaping material supplies,

(h)  markets,

(i)  plant nurseries,

(j)  roadside stalls,

(k)  rural supplies,

(l)  shops,

(m)  timber yards,

(n)  vehicle sales or hire premises

 

Note. Retail premises are a type of commercial premises—see the definition of that term in this Dictionary”

 

Commercial premises are prohibited in the IN1 Land Use Table unless specific types of commercial premises are listed in the “permitted with consent” section of the Land Use Table.

 

Examination of the IN1 Land Use Table shows that the following types of retail premises are listed in the “permitted with consent” section:

 

Garden centres, Hardware and building supplies, Landscaping material supplies, Neighbourhood shops, Plant nurseries, and Timber yards.

 

It is considered that the addition of vehicle sales and hire premises to the IN1 Land Use Table (permitted with consent) would have the positive benefit of increasing the possible land uses of IN1 zoned land whilst still achieving the objectives of the zone which are:

 

“•  To provide a wide range of industrial and warehouse land uses.

 

•  To encourage employment opportunities.

 

•  To minimise any adverse effect of industry on other land uses.

 

•  To support and protect industrial land for industrial uses.”

 

Whilst vehicle sale and hire premises are not defined as an industrial land use, many of these premises also carry out mechanical and body work on vehicles, which is an industrial land use. It would allow a business which conducted both activities to appropriately operate on IN1 land which is often a more suitable venue for repair and maintenance work to occur.

 

It should be noted that Coffs Harbour City Council, Kempsey Shire Council and Port Macquarie-Hastings Council all permit vehicle sales and hire premises within their IN1 Land Use Zone.

 

 

CONSULTATION:

 

General Manager

Manager of Development and Environment

Senior Town Planner

Coordinator Strategic Planning & Natural Resources

Manager Business Development

 

 

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 industrial development on all IN1 zoned land in the Shire.

 

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

 

Allowing this amendment will lead to increased options for development on IN1 zoned land, which is likely to have a positive impact on future budgets.

 

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                                                                                                    16 June 2016

General Manager's Report

ITEM 9.16    SF2173            160616         2016 May - 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 May 2016 as at 6 June 2016.

 

 

Recommendation:

 

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

 

 

 

Attachments:

1

19327/2016 - Development and Complying Development Applications Received May 2016

 

  


Ordinary Council Meeting - 16 June 2016

2016 May - Received Development Applications and Complying Development Applications

 



Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.17    SF2173            160616         2016 May - Approved Construction 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 May 2016 as at 6 June 2016.

 

 

Recommendation:

 

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

 

 

Attachments:

1

19328/2016 - Construction and Complying Development Certificates Approved - May 2016

 

  


Ordinary Council Meeting - 16 June 2016

2016 May - Approved Construction and Complying Development Certificates

 




Ordinary Council Meeting                                                                                                    16 June 2016

General Manager's Report

ITEM 9.18    SF2025            160616         Joint Organisations - Announcement on Operational Arrangements

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The NSW Government is inviting feedback on the proposed Joint Organisation framework which will “transform the way state and local governments collaborate”.  The Minister for Local Government has said,

 

“Joint Organisations are a crucial part of the NSW Government’s plan to revitalise and strengthen regional NSW by improving the way councils and the government plan and deliver on key regional priorities such as jobs, education, transport and water supplies”.

 

“Through the proposed model, Joint Organisations will also help councils provide better services and infrastructure to their communities by sharing resources, lowering costs and reducing red tape.”

 

“Across the state, pilot Joint Organisations are already improving freight transport in the Riverina, tackling youth unemployment in the Illawarra, attracting agricultural investment in the Namoi, prioritising infrastructure investment in Central NSW and growing the tourism industry in the Hunter”.

 

“The pilots have been so successful that, in response to demand, the NSW Government will soon call for Expressions of Interest for two early starter Joint Organisations that will support the wider implementation of the model across regional NSW”.

 

 

Recommendation:

 

1.       That the information concerning the proposed operational arrangements for Joint           Organisations be received.

 

2.       That there be a further report to Council’s meeting on 30 June concerning Council’s           submission on the proposals.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

DISCUSSION:

 

On 8 June the Minister for Local Government, the Hon. Paul Toole issued a media release as well as an Overview and Background Paper detailing the proposed operational arrangements for Joint Organisations.

 

The Minister’s media release is attached.  The Overview Paper is attached.  The Background Paper is attached.

 

At the time of preparing the business paper there was not the opportunity to fully consider all of the implications of the proposals.  The deadline for submissions is listed in the media release as being 15 July so it is proposed to report in more detail on the proposals to the Council meeting on 30 June.  However Councillors may appreciate the opportunity to consider the documents given that Joint Organisations (JOs) will, “transform the way state and local government collaborate”.

 

The headline provisions of the proposal are:

 

·    JO core functions will be embedded in legislation and include strategic planning and priority setting, intergovernmental collaboration, and regional leadership and advocacy.

 

·    JO’s can have optional functions such as service delivery and capacity building.  These will be enabled but not prescribed by legislation.

 

·    Mayors of member councils will site on the JO Board for their term of office.

 

·    The JO Board will appoint its own Chair

 

·    There will be equal voting rights between members and no casting vote for the Chair

 

·    Additional councillors may be appointed to the JO Board, provided representation remains equal among councils.

 

·    The NSW Government representative (Regional Coordinator of the Dept. of Premier & Cabinet) will be an associate (non-voting) member

 

·    Other organisations such as county councils and cross-border partners may be associate (non-voting) members.

 

In terms of boundaries the JOs will demonstrate a strong community of interest between member councils and will be based around a regional centre, where possible, and big enough to form strong partnernships.

 

The JOs will each receive $300,000 seed funding from the NSW Government and will employ an Executive Officer under a standard contract and other staff under the Local Government (State) Award.

 

The Background Paper answers some previous queries concerning the relationship between the JO and the member councils.

 

Notwithstanding the nominated JO core functions, member councils will still undertake local strategic planning, collaboration, leadership an advocacy and may have individual relationships with the State on all of these matters.

 

As separate legal entities, JOs will be able to carry out functions such as tendering, entering into contracts, applying for grants, employing staff and undertaking regulatory functions on behalf of member councils.

 

JO Board members will not be paid sitting fees.  Instead, to recognise the important role of Mayors on JO Boards, it is proposed that a one-off increase to the Mayoral fee be considered as part of the councillor remuneration review.

 

In terms of financing JOs it is proposed that member councils fund the ongoing core functions of the JO with contributions based on a formula negotiated by each JO.

 

Whilst the proposals put forward for the JOs answer some of the key concerns previously identified by Council, from a brief review of the information the following concerns remain:

 

Sustainability

The position of this Council has been that the purpose of JO’s should be principally focussed on providing opportunities to increase efficiency and improve our financial sustainability.  The overwhelming issue for Mid North Coast Councils is financial sustainability but the JO’s nominated core functions do not directly respond to this priority.  Rather the likely operating costs of the JO will place a further financial burden on Councils, and particularly those already determined as not financially fit for the future.

 

Significant Costs

It seems that even with a minimalist staffing model comprising the Executive Officer and say three support staff, the employment costs alone for a JO will be upwards of $500,000 per annum.  This compares with this Council’s current contribution of $12,000 to the Mid North Coast Regional Organisation of Councils and $28,000 to Local Government NSW.

 

Representation

The proposal for equal voting rights between members may be a future issue of concern.  This means in the North Coast JO, a council such as Coffs Harbour City Council with 72,000 residents will have the same representation on a JO as Bellingen Shire Council with 13,000 residents.  This is fundamentally undemocratic and is unlikely to be sustainable if the larger Council believes the JO is not acting in its best interests.  It may be that a JO does not challenge the parochial interests of individual councils over the region, but this may imply the JO as being relatively ineffectual in achieving its core functions.

 

Resourcing

With member councils proposed to have equal voting rights, larger councils may not be supportive of a per capita based funding model.

 

CONSULTATION:

 

There has been no consultation.  The General Manager became aware of the media release and announcement on 8 June.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

Whilst the Government’s independent evaluation of the five pilot Joint Organisations seems to be very positive in terms of their benefits, some potential risks are outlined in the discussion section of this report.  First and foremost is the observation that the overwhelming issue for Mid North Coast Councils is financial sustainability but the JO’s nominated core functions do not directly respond to this priority.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no budgetary impacts.  However subject to consideration by the new JO of financing arrangements, it seems that Council could be looking at additional operating costs to finance the JO in the order of at least $100,000 per annum.  There may be opportunities to transfer some functions to the JO to at least utilise some of its capacity and reduce Council’s costs, but this would be dependent upon the agreement of the member councils.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there is no impact on service levels or staffing.

 

Attachments:

1

19824/2016 - Joint Organisations Media Release

 

2

19826/2016 - Towards a New Model for Regional Collaboration

 

3

19825/2016 - Joint Organisations Background Paper

 

  


Ordinary Council Meeting - 16 June 2016

Joint Organisations - Announcement on Operational Arrangements

 


Ordinary Council Meeting - 16 June 2016

Joint Organisations - Announcement on Operational Arrangements

 





Ordinary Council Meeting - 16 June 2016

Joint Organisations - Announcement on Operational Arrangements

 
















































 


Ordinary Council Meeting                                                                                                    16 June 2016

Corporate Services

ITEM 10.1    SF251              160616         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

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

Ordinary Council Meeting

14 July

Council Chambers

5.30 PM

Access Committee Meeting

26 July

Council Chambers

2.00 PM

Ordinary Council Meeting

28 July

Council Chambers

5.30 PM

Ordinary Council Meeting

11 August

Council Chambers

5.30 PM

Access Committee Meeting

23 August

Council Chambers

2.00 PM

Ordinary Council Meeting

25 August

Council Chambers

5.30 PM

No Council Meeting due to local Government elections

Access Committee Meeting

27 September

Council Chambers

2.00 PM

Ordinary Council Meeting

29 September

Council Chambers

5.30 PM

Ordinary Council Meeting

13 October

Bowraville Theatre

5.30 PM

Access Committee Meeting

25 October

Council Chambers

2.00 PM

Ordinary Council Meeting

27 October

Council Chambers

5.30 PM

Ordinary Council Meeting

10 November

Nambucca Community & Arts Centre, Nambucca Heads

5.30 PM

Access Committee Meeting

22 November

Council Chambers

2.00 PM

Ordinary Council Meeting

24 November

Council Chambers

5.30 PM

Ordinary Council Meeting

15 December

Utungun Community Centre

5.30 PM

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    16 June 2016

Assistant General Manager Corporate Services Report

ITEM 10.2    SF317              160616         Macksville Park and Sports Committee of Management AGM - 16 May 2016 - Minutes

 

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

 

Summary:

 

 

The report acknowledges the Minutes of the Annual General Meeting of the Macksville Park and Sports Centre Committee of Management which was held on 16 May 2016.  Copies of the Minutes of this meeting are below.

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Macksville Park and Sports Centre Annual General Meeting held on 16 May 2016 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Macksville Park and Sports Centre Committee of Management was held on Monday 16 May 2016.

The Committee of Management for 2013/2014 comprises:

 

President                                           Kendall Stirrat

Secretary                                           Ken Capell

Treasurer                                            Paul Ireland

Delegates:   Touch Football                Dan Wasson

                   Jnr Cricket                      Tom Mann

                   Macksville Gift                Luke Rushton

                   Snr League                     Bill Richardson

                   Jnr League                      Donna Willer, Chris Perkins

                   Snr Cricket                      Brett Willer

                   Jnr Cricket                      Tod Bartlett, Tom Mann

 

 

CONSULTATION:

 

There was no consultation

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    16 June 2016

Corporate Services

ITEM 10.3    SF1120            160616         Grant Application Status Report

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

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

 

 

RecommendationS:

 

That Council receive the list of grant applications to 9 June 2016, and the list of current grant funding available from Council’s new Grants Calendar.

 

 

 

Successful grant applications (ACTIVE PROJECTS):

 

Grant and date of approval

Funding Amount

Amount Council

Description

OEH Floodplain Management Grant

Closed 21 March 2013

$90,000

$45,000

(Enviro  Levy)

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

OEH Coastal Management Grant

Closed 13 March 2014

 

$91,000

$91,000 (EL)

Nambucca Heads SLSC Protection Works

OEH Estuary Management Grant

Closed 13 March 2014

 

$50,000

$50,000 (EL)

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

Environmental Trust Restoration and Rehabilitation Grant

Closed 19 September 2014

 

$86,160

$23,060 (in-kind)

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

Indigenous Advancement Strategy – Nambucca Valley Sport and Wellbeing Program

 

$154,442

NA

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

Department of Trade and Investment – Crown Lands

Rescuing Our Waterways

Closed 15 December 2014

$10,000

$10,000 (EL)

Shoaling Strategy/Study for the Lower Nambucca River Estuary

Department of Infrastructure and Regional Development National Stronger Regions Fund

Closed 28 November 2014

 

$241,340

$241,340

South Nambucca Sewerage Infrastructure Installation

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

 

$7,500

$7500 (TBC)

Provision of Heritage Advisory Services


 

GRANT AND DATE OF APPROVAL

FUNDING AMOUNT

AMOUNT COUNCIL

DESCRIPTION

Transport for NSW – Community Transport

 

$12,000

In-kind only

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

Office of Local Government Responsible Pet Ownership Grant

Closed September 2015

$15,000

$15,000

Desexing, vaccination and microchipping of companion animals – Round 2

CURRENTLY processing applications

Office of Environment and Heritage Estuary Management

$43,500

$43,500 (EL)

Nambucca River – Bank stabilisation and restoration

Office of Environment and Heritage Coastal Management

$82,150

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

Nambucca EcoHealth Monitoring Programme

Office of Environment and Heritage Coastal Management

$85,000

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

Scotts Head Headland Coastal Hazard Reduction

Office of Environment and Heritage Coastal Management

$10,000

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

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

Department of Infrastructure and Regional Development

Stronger Communities Programme

Closed 9 October 2015

$8,450

 

 

 

$2669 (Cash -Council)

$500 (in kind Council)

$1863 (in kind CoM)

 

 

 

Argents Hill Hall Amenities Upgrade

 

 

$5268

$5268 (Cash – CoM)

Nambucca Valley Community Arts Centre Solar Panels – PROJECT COMPLETED

 

$15,000

$12850 (Cash CoM)

$1500 (in kind CoM)

$1500 (in kind Lions)

Valla Beach Sun Shade

PROJECT COMPLETED

 

$10,019

$3819 (cash CoM)

$1200 (in kind CoM)

 

Utungun Hall Outdoor Space on the Green

Community Building Partnership Programme – Dept of Family & Community Services

 

$13,695

$13,695 (cash CoM)

 

Sun shade at Anderson Park Valla Beach Community Association

IN PROGRESS

Fish Habitat Grant (Large)

 

$40,000

$44,450 (in-kind and EL)

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

 

 

 

 

 

 

 

SUCCESSFUL APPLICATIONS IN THIS QUARTER:

 

Grant and Date of Notice

Amount

Amount - Council

Description

Department of Social Services Volunteers Grants

Closed 9 December 2015

Various

N/A

Under NSC

Argents Hill Hall CoM ($2035)

Nambucca District Band ($4669)

Utungun Entertainers ($4168)

Donnelly Welsh Playing Fields CoM ($5000)

Talarm Hall CoM ($2478)

Macksville Park & Sports CoM ($3418)

OTHER SUCCESSFUL NAMBUCCA VALLEY APPLICANTS

Nambucca Valley Arts Council ($5000)

Lions Club of Nambucca ($5000)

Nambucca Heads Men’s Shed ($2716)

Nambucca Rugby League Football Club ($2000)

Nambucca Tennis Club Inc ($3000)

Ngayaamba Waluura Aboriginal Corporation ($5000)

Nambucca Valley Scouts ($5000)

MSHSLSC ($5000)

Bowraville Arts Council ($2550)

Bowraville CTC Inc ($5000)

Bowraville Junior Rugby League ($2600)

Scotts Head Protection Group ($3500)

 

EPA – Derelict UPSS CRR Program

Closed 28 March 2016

$40,000

 

N/A

Investigation of 3 Sites being:

4-6 Princess Street, Macksville - $15,000;

60 High Street, Bowraville - $15,000;

56 High Street, Bowraville - $10,000;

EPA – Derelict UPSS CRR Program

Closed 28 March 2016

$200,000

 

N/A

Remediation of 3 Sites being:

4-6 Princess Street, Macksville - $75,000;

60 High Street, Bowraville - $75,000;

56 High Street, Bowraville - $50,000;

Walking Communities (Regional) Partnership Fund – RMS

$10,000

 

$10,000

T/08312 – Riverside Drive Pedestrian Refuge, Nambucca Heads

 

Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

National Stronger Regions Fund – Round 3

Closed 15 March 2016

$3,000,000

$3,800,000

Infrastructure – roads, water & sewerage to Valla industrial area

National Stronger Regions Fund – Round 3

Closed 15 March 2016

$500,000

$500,000

Upgrade Macksville CBD – Stage 1 – Dawkins Park

NSW Community Safety Fund Grant – NSW Dept of Justice

Closed 22 January 2016

$24,000

$2,000 (cash NSC)

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

EPA – Derelict UPSS CRR Program

Closed 28 March 2016

$40,000

SUCCESSFUL

N/A

Investigation of 3 Sites being:

4-6 Princess Street, Macksville - $15,000;

60 High Street, Bowraville - $15,000;

56 High Street, Bowraville - $10,000;

EPA – Derelict UPSS CRR Program

Closed 28 March 2016

$200,000

SUCCESSFUL

N/A

Remediation of 3 Sites being:

4-6 Princess Street, Macksville - $75,000;

60 High Street, Bowraville - $75,000;

56 High Street, Bowraville - $50,000;

Public Reserves Management Fund Program

Closed 8 April 2016

$29080

$3500 (cash NSC)

$7000 (cash NHds Rotary Club)

$6000 (in kind labour – NHds Rotary Club)

$12580 (in kind NSC – recycled bridge timbers, project admin, etc)

Rotary Lookout Revitalisation – PRMFP#900509

Public Reserves Management Fund Program

Closed 8 April 2016

$14,630

NSC - $0

CoM – in kind $2653

 

Construction of a stage on Unkya Reserve – PRMFP#900770

Public Reserves Management Fund Program

Closed 8 April 2016

$10,590

$24,500 (cash NSC)

 

Protecting and enhancing only known site of recognised Threatened Species - Glycine Clandestina Broad Leaf Form - Protecting Scented Achronychia population in the Nambucca Heads area and treating high priority Noxious Weeds in other Crown Reserves – PRMFP#900844

Public Reserves Management Fund Program

Closed 8 April 2016

$746,353

$315,700 (cash RMS – Boating Now)

$433,418 (cash and in-kind NSC)

Gordon Park Rejuvenation – PRMFP#900330

FRRR Innovation for Community Impact (I4CI) grants

Closed 8 April 2016

$50,000

$24,750 (NSC – Environmental Levy)

$12,400 (NSC site works)

$6,200 (NSC Admin & Project Management)

Bowraville FAYCE – (Family and Youth Community Engagement) project

Pedestrian Safety Infrastructure Program around Schools – nominations only

Closed 8 April 2016

 

 

Nambucca Heads Public School

Bowraville Central School

Responsible Pet Ownership Grants Program (Year 3)

Closed 29 April 2016

$15,000

$17,720 (NSC in-kind & cash)

Better for Pets, Better for the Community – Stage 3

Landcare Australia Support Grants 2016

Closed 29 April 2016

$1,000

$160 (CoM)

Unkya Bush Regeneration – Stage 2

(Submitted by Unkya Reserve CoM – see TRIM #14376/2016)

 

 

 

 

Unsuccessful applications in this period:

 

Funding Body

Amount

Amount - Council

Project Name

Arts NSW arts and culture program – on behalf of Scotts Head Events Committee

Closed 12 November 2015

 

$21,900

NA

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

Puppet parade for Scotts Head Festival 2016

 

NOTES

 

1.                Assisted Unkya Reserve Committee of Management with PRMFP application for construction of a new stage on reserve;

2.                Letters of support to Bowraville Pre-School and Nambucca Valley Early Intervention for FRRR I4CI applications;

3.                Grant Nelson provided a letter of support for an EOI by the Tangaroa Blue Foundation for a project in The Environmental Education Program 2016. This project offered the Council Chambers for training sessions, and if required as part of training the Levy would contribute to the disposal of waste collected;

4.                Letter of support provided to LLS for grant application re remediation of Watt Creek, Nambucca Heads by Grant Nelson – SUCCESSFUL application;

5.                Support provided for Unkya Reserve CoM submission of Landcare grant application;

6.                Final Report & acquittal prepared for FRRR – Repair, Restore, Renew grant for Train Up- Essential Equipment (NEOC);

7.                 LIRS claims prepared for LIRS 1, 2 and 3 – submitted by 20/05/2015;

8.                 Letters to successful, and unsuccessful applicants for Council’s Section 356 donations 2016/2017;

9.                Liaise with NCAC re Volunteers grant received and preferred suppliers for chairs and standards to adhere to in chair design.

10.               Liaise with Utungun Hall CoM re Procurement Policy for SCP grant funding for upgrade of Utungun Hall.

 

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

 

Attachments:

1

9814/2016 - Grants Calendar excerpt quarterly for Council report

 

  


Ordinary Council Meeting - 16 June 2016

Grant Application Status Report

 








Ordinary Council Meeting                                                                                                    16 June 2016

Assistant General Manager Corporate Services Report

ITEM 10.4    SF2130            160616         Draft Integrated Planning and Reporting Documents

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services; Craig Doolan, Manager Financial Services         

 

Summary:

 

At the time of writing this report the draft 2016-2017 Operational Plan (Budget), draft 2016-17 Revenue Policy (Fees and Charges) and draft 2016-2026 Long Term Financial Plan (LTFP) are on public exhibition.  No external submissions have yet been received, the exhibition period ends Wednesday 15th June and any submissions received will be the subject of a late report to the Meeting 16th June.  The documents must to be adopted prior to 30 June so this approach allows for further consideration by Council if required.

 

This report lists the internal submissions received to date which consists of changes, corrections and additions made by officers. The opening cash position in General Fund was a deficit $113,400 after the proposed changes the General Fund has a budgeted cash position of surplus $16,200.  A copy of the Budgeted Financial Statements and Long Term Financial Plan is attached.

 

This report also includes some high level analysis of the projected critical financial performance ratios.

 

The Draft Documents (as amended) are available Reference Section of Councillor iPads.

 

 

Recommendation:

 

That Council adopt the following documents as amended:

 

1.               The Draft Operational Plan 2016-17

2.               The Draft Revenue Policy 2016-17

3.               The Draft Long Term Financial Plan 2016-2026.

 

 

 

OPTIONS:

 

Council can amend the documents as it sees fit.  Council is required to have adopted Integrated Planning and Reporting Documents by the 30 June 2016.

 

 

DISCUSSION:

 

Indicative Financial Performance Ratios

 

These ratios are indicative only as they are based on the documents as put out to pubic consultation, The IP&R framework will be reviewed by the incoming Council after the September 2016 election and the water and sewerage future capital and operational requirements are currently being remodelled as part of the IWCM Plan review.  It is still relevant to consider whether, based on the information at hand, Council is on track to meet the FFTF benchmarks by 2020.  The analysis predicts the future results are trending towards meeting the at least the two critical financial benchmarks of Operating Performance Ratio and Debt Service Ratio Cover.  While confidence in these predictions has to be moderated lower because of the previously mentioned factors and the fact the impact of the highway handover is not included, it is still better than a result showing that Council can’t meet the ratios.  This will continue to be monitored and processes refined, particularly as the data coming from the asset management systems improves.

 

 


 

 

Operating Performance Ratio =

 

Total continuing revenue (excluding Capital Grants & Contributions) - Operating Expenses

Total continuing operating revenue (Excluding Grants & Contributions)

 

 

 

Bench Mark = Positive based on a rolling average of 3 years

 

 

 

Consolidated

 

Operating Performance Ratio   %

15/16

16/17

17/18

18/19

19/20

20/21

21/22

22/23

23/24

24/25

25/26

 

Total continuing operating revenue

 (excl Capital Grants & Contributions) –

Operating Expenses

 

 

 

 

-1.24

 

 

 

 

-2.34

 

 

 

 

-0.57

 

 

 

 

0.01

 

 

 

 

0.92

 

 

 

 

0.44

 

 

 

 

0.80

 

 

 

 

1.24

 

 

 

 

1.66

 

 

 

 

2.14

 

 

 

 

2.64

Total continuing operating revenue (excluding Capital Grants & Contributions)

 

General

 

Operating Performance Ratio   %

15/16

16/17

17/18

18/19

19/20

20/21

21/22

22/23

23/24

24/25

25/26

 

Total continuing operating revenue

 (excl Capital Grants & Contributions) –

Operating Expenses

 

 

 

 

-1.29

 

 

 

 

-1.70

 

 

 

 

0.84

 

 

 

 

0.01

 

 

 

 

3.13

 

 

 

 

3.16

 

 

 

 

3.45

 

 

 

 

3.80

 

 

 

 

4.12

 

 

 

 

4.49

 

 

 

 

4.94

Total continuing operating revenue (excluding Capital Grants & Contributions)

 

Water/Sewerage

 

Operating Performance Ratio   %

15/16

16/17

17/18

18/19

19/20

20/21

21/22

22/23

23/24

24/25

25/26

 

Total continuing operating revenue

 (excl Capital Grants & Contributions) –

Operating Expenses

 

 

 

 

-1.11

 

 

 

 

-3.78

 

 

 

 

-3.72

 

 

 

 

-4.77

 

 

 

 

-3.84

 

 

 

 

-5.41

 

 

 

 

-4.92

 

 

 

 

-4.29

 

 

 

 

-3.36

 

 

 

 

-2.94

 

 

 

 

-2.30

Total continuing operating revenue (excluding Capital Grants & Contributions)

 

 

 

 

 

 

Debt Service Cover Ratio

 

Operating result before capital excluding interest and depreciation/impairment/amortisation

Principal Repayments (from Statement of Cash Flows) + Borrowing Costs (from the Income Statement)

 

 

 

 

The benchmark for this ratio is greater than 2.0. The higher the ratio, the greater the capacity for a council to take on and service additional debt

 

 

.The ratio measures the availability of operating cash to service debt including interest, principal and lease payments.

 

 

 

 

 

Consolidated

 

Debt Service Cover Ratio   %

15/16

16/17

17/18

18/19

19/20

20/21

21/22

22/23

23/24

24/25

25/26

 

Operating result before capital excluding interest and depreciation/impairment/amortisation

 

 

1.91

 

 

2.01

 

 

2.02

 

 

1.98

 

 

2.02

 

 

2.37

 

 

2.35

 

 

2.39

 

 

2.48

 

 

2.58

 

 

2.65

Principal Repayments (from Statement of Cash Flows) + Borrowing Costs (from the Income Statement)

 

General

 

Debt Service Cover Ratio   %

15/16

16/17

17/18

18/19

19/20

20/21

21/22

22/23

23/24

24/25

25/26

 

Operating result before capital excluding interest and depreciation/impairment/amortisation

 

 

3.33

 

 

3.25

 

 

3.42

 

 

3.39

 

 

3.61

 

 

3.48

 

 

3.42

 

 

3.54

 

 

3.89

 

 

4.28

 

 

4.60

Principal Repayments (from Statement of Cas Flows) + Borrowing Costs (from the Income Statement)

 

Water/Sewerage

 

Debt Service Cover Ratio   %%

15/16

16/17

17/18

18/19

19/20

20/21

21/22

22/23

23/24

24/25

25/26

 

Operating result before capital excluding interest and depreciation/impairment/amortisation

 

 

1.08

 

 

1.28

 

 

1.25

 

 

1.22

 

 

1.23

 

 

1.62

 

 

1.61

 

 

1.62

 

 

1.62

 

 

1.63

 

 

1.64

Principal Repayments (from Statement of Cas Flows) + Borrowing Costs (from the Income Statement)

 

 

 

 

Changes to Draft Operational Plan 2016-17 (Budget)

 

A reconciliation of cash position in general fund which includes the changes made to the draft document is attached.

 

Significant changes to be noted are listed below

 

Draft 16/17 Budget Submissions

 

Item

Summary

AMOUNT $

 

Computer Equipment (W1046

Merit/Reflect Integration b/f to 15/16

5,000