NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

24 November 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 - 24 November 2016

 

Acknowledgement of Country            (Mayor)

 

I would like to acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.  I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginal People present.

 

 

TIME

DESCRIPTION

WHERE

3.00 pm

Boat trip inspection of existing Pacific Highway

Wharf at VIC

5.00 pm

Manager Business Development -  Approaches To Economic Development

Council Chambers

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 10 November 2016.............................................................................. 7

5        NOTICES OF MOTION  

6        PUBLIC FORUM

Mr Paul Hynes of Sparkles Antiques -  Use of A-Frames

 

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 20

9.2     Advice of Lodgement of Aboriginal Land Claims.............................................................. 26

9.3     Request for Donation of DA Fees - Scotts Head Events Committee................................. 45

9.4     Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments..................................................................................................................................... 47

9.5     Development Applications greater than 12 months or where submissions received - 2 November to 14 November 2016............................................................................................................ 200

9.6     Regional State of the Environment Report 2016.............................................................. 202

10      Assistant General Manager Corporate Services Report

10.1   Nambucca Shire Council Annual Report 2015-2016......................................................... 330

10.2   September 2016 Budget Review.................................................................................... 332

10.3   Investment Report To 31 October 2016 ......................................................................... 336

10.4   Tewinga Community Centre Annual General Meeting - Minutes 22 October 2016............... 341

10.5   Schedule of Council Public Meetings............................................................................. 345

11      Assistant General Manager Engineering Services Report

11.1   Capital Works Report - September 2016......................................................................... 346

11.2   Tender REGPR0181617 Supply and Delivery of Domestic Water Meters.......................... 352

11.3   Tender REGPRO221617 Supply and Delivery of Bulk Bitumen........................................ 356

11.4   Tender REGPRO281617 Supply and Delivery of Passenger Truck and Earthmover Tyres - Nambucca.................................................................................................................................... 360

11.5   Temporary Road Closure for Bowraville 2016 Kids Christmas Party and Carols by Candlelight.... 364

11.6   Quotations for Project ND-MB-39 under Tender T008/2016 for Landslip Remediation, Bowraville Bellingen Rd................................................................................................................. 382

11.7   Tender T311617 MNC Crushing of Concrete, Brick and Tile Products............................... 408

11.8   Access to Nambucca Heads Island Golf Club carpark (Timber Bridge)............................. 411    

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

12.1   Confidential Report - Tender REGPRO181617 Supply and Delivery of Domestic Water Meters

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

 

12.2   Confidential Report - Tender REGPRO221617 Supply and Delivery of Bulk Bitumen

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   Confidential Report - Tender REGPRO281617 Supply and Delivery of Passenger, Truck and Earthmover Tyres - Nambucca

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.

 

12.4   Confidential Report Quotations for Project ND-MB-39 under Tender T008/2016 for Landslip Remediation, Bowraville Bellingen Road

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.

 

12.5   Confidential Report - Tender T311617 MNC Crushing of Concrete, Brick and Tile Products

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

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 10 November 2016

The following document is the minutes of the Ordinary Council meeting held 10 November 2016.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 24 November 2016 and therefore subject to change.  Please refer to the minutes of 24 November 2016 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth (Deputy Mayor)

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed

Cr Anne Smyth

Cr John Wilson

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

Nambucca Valley Youth Voice presented a song titled “Lucky” to the Councillors.

 

PRAYER

 

Father Shelwin, Parish Administrator, Nambucca Valley Catholic Parish, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Nil received.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 27 October 2016

456/16 RESOLVED(Smyth/Reed)

 

That the minutes of the Ordinary Council Meeting of 27 October 2016 be confirmed.

 

 

 

 

NOTICE OF MOTION - CR Jenvey

ITEM 5.1      SF13                  101116      Notice of Motion - Australia Day

MOTION(Jenvey/Ballangarry)

 

1        That Council notes that national symbols matter.

 

2        That Council supports celebrating Australian nationhood.

 

3        That Council notes in its current form that the date of Australia Day alienates Aboriginal and Torres Strait Islander people.

 

4        That Council considers there are social implications in the current form of Australia Day for significant members of its population.

 

5        That Council acknowledges that Aboriginal and Torres Strait Islander people may feel excluded from the day.

 

AMENDMENT:  (Reed/Ainsworth)

 

1           That Council supports celebrating Australian nationhood

 

2           That on Australia Day, Council supports celebrating the achievements of our fine sports people, both young and old and from all communities and in honouring outstanding contribution

 

3           That Council supports continuing programs to help Close the Gap

 

4           That Council acknowledges that Australia Day is not necessarily a day of celebration for some Indigenous Australians

 

5           That Council supports inclusiveness to achieve harmony within our Shire

 

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

 

457/16 RESOLVED:  (Reed/Ainsworth)

 

1           That Council supports celebrating Australian nationhood

 

2        That on Australia Day, Council supports celebrating the achievements of our fine sports people, both young and old and from all communities and in honouring outstanding contribution

 

3           That Council supports continuing programs to help Close the Gap

 

4        That Council acknowledges that Australia Day is not necessarily a day of celebration for some Indigenous Australians

 

5        That Council supports inclusiveness to achieve harmony within our Shire

 

 

 

  

DELEGATIONS AND PUBLIC FORUM:

RESOLVED:

 

That the following delegations be heard:

 

 

i         Mr Geoff Allen on behalf of Forsyths Chartered Accountants

ii        Ms Lisa Ussher on behalf of Bowralea Dairy (to answer any questions)

 

 


 

ITEM 9.4      RF275                101116      Proposed Bowralea Dairy Underpass - Bellingen Road, Bowraville

458/16 ReSOLVED(Ainsworth/Reed)

 

1        That Council note the proposal by the Bowralea Dairy to install an underpass on Bellingen Road.

 

2        Given the favourable cost/benefit of constructing the proposed underpass, that the Member for Oxley be requested to advise what funding assistance the State Government can provide towards the project.

 

3        That Council provide in-kind assistance to the construction of the underpass through the means discussed in the report.

 

 

 

 

DELEGATIONS AND PUBLIC FORUM CONTINUED:

 

PUBLIC FORUM:

 

i         Marlene Griffin Vice President, Nambucca Community & Arts Committee of Management - Section 356 Donations

·                Each year funding set aside

·                Bids considered and decisions made

·                Last year changed and monies divided

·                Leaves some organisations in quandary

·                Eg sound system – quotations eg $5000

·                Council divides funds and some organisations may not get enough funds for grant

·                New system this year is problematic

·                Thanks for mentioned volunteers

·                Struggle for committees and doing it tough

·                Unable to get volunteers

·                Asked council to reconsider how funds are distributed

 

ii        Trevor Keast - Playgrounds

·                Nothing for young (tinytots) children at local playgrounds

·                Not impressed with soft fall materials used

·                Some playgrounds should be fenced off with one way in and out

·                Sort improvements in the Shire’s playgrounds

 

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There are no questions with Notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

 

 

General Manager Report

 

ITEM 9.1      SF959                101116      Outstanding Actions and Reports

459/16  resolved(Ainsworth/Smyth)

 

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

 

 

 

 

 

ITEM 9.2      PRF14                101116      Future of Brook Park, Nambucca Heads

MOTION:  (Smyth/Jenvey)

 

1        That Council install additional signage at Brook Park, Nambucca Heads prohibiting its use outside daylight hours and also prohibiting the lighting of fires.

 

2        That Council write to the 117 property owners within 150 metres of Brook Park, Nambucca Heads advising of the complaints Council has received and seeking opinion on the option of closing the park and reclassifying it for use as housing with all proceeds to be applied to improving the facilities at nearby parks such as Richardson Park, Nambucca Heads.  Where the property owner is not the occupant, they will be asked to inform the occupant of the consultation.

 

3        There be a further report to Council on the outcome of the consultation with property owners and residents.

 

Amendment:  (Ainsworth/Reed)

1        That a decision on the future of Brook Park, Nambucca Heads be deferred until end of January 2017 and in the interim the use of the park be monitored.

2        That Council request the Police to increase patrols in the area.

 

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

 

460/16 Resolved:    (Ainsworth/Reed)

1        That a decision on the future of Brook Park, Nambucca Heads be deferred until end of January 2017 and in the interim the use of the park be monitored.

2        That Council request the Police to increase patrols in the area.

 

 

 

 

 

ITEM 9.3      SF600                101116      Offer to Acquire North Macksville Soccer Fields and Casey Drive

461/16 Resolved(Ainsworth/Reed)

 

That Council note the response from the Hon. Kevin Anderson MP.

 

 


 

 

 

Item 9.4 was dealt with under Delegations.

 

 

 

ITEM 9.5      SF734                101116      Crown Land Management Bill

462/16 ReSOLVED(Reed/Ainsworth)

 

That Council note the Crown Land Management Bill 2016.

 

 

 

 

 

ITEM 9.6      SF688                101116      Environmental Levy - Progress Report

463/16 ReSOLVED(Smyth/Ballangarry)

 

1        That Council note the progress of the Environmental Levy for 2016/17 financial year.

 

2        That Council allocate $10,000 from the Environmental Levy reserve to support the preparation of a Flying Fox Management Plan for Gordon Park. This represents Council's contribution to a $15,000 grant funded by LGNSW.

 

 

 

 

 

ITEM 9.7      SF1855              101116      Macksville Town Centre Revitalisation

MOTION:      (Ainsworth/Smyth) 

 

1        That Council endorse the draft plan for exhibition and the plan be made available in the Council Chambers, Macksville Library and Councils Website, for four (4) weeks.

 

2        Macksville community/stakeholder groups be provided with a copy of the draft plan and be invited to provide comment.

 

3        Council undertake a survey during the exhibition period requesting comments on the draft plan in general, with specific questions relating to the trial traffic arrangements in River Street.

 

4        Advertise the plan in the Happynings and Guardian News.

 

AMENDMENT:  (Reed/Ainsworth)

 

1        That Council endorse the draft plan for exhibition and the plan be made available in the Council Chambers, Macksville Library and Councils Website until the end of January 2017.

 

2        Macksville community/stakeholder groups be provided with a copy of the draft plan and be invited to provide comment.

 

3        That Council advertise the plan in the Happynings and Guardian News.

 

4           That a traffic survey relating to the parking nose to kerb trial be performed independently of the exhibition of the revitalisation strategy.

 

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

 

464/16 RESOLVED:        (Reed/Ainsworth)

 

1        That Council endorse the draft plan for exhibition and the plan be made available in the Council Chambers, Macksville Library and Councils Website until the end of January 2017.

 

2        Macksville community/stakeholder groups be provided with a copy of the draft plan and be invited to provide comment.

 

3        That Council advertise the plan in the Happynings and Guardian News.

 

4        That a traffic survey relating to the parking nose to kerb trial be performed independently of the exhibition of the revitalisation strategy.

 

 

 

 

 

ITEM 9.8      SF1148              101116      Council Ranger's Report September 2016

465/16 RESOLVED:        (Ainsworth/Smyth)

 

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

 

 

 

 

 

ITEM 9.9      SF24                  101116      Request for Donation -  Bowraville Memorial Cup and Youth Expo - Team Shirt Sponsorship

466/16 RESOLVED:        (Reed/Ballangarry)

 

That Council make a donation of $375 to the Bowraville Memorial Cup towards the cost of purchasing the Touch Footy Team shirts if it is affordable.

 

 

 

 

 

ITEM 9.10    SF2173              101116      Development Applications greater than 12 months or where submissions received - 22 October to 1 November 2016

467/16 RESOLVED:        (Ainsworth/Reed)

 

That the information be noted by Council.

 

 

 

 

 

ITEM 9.11    SF2173              101116      2016 October - Development and Complying Development Applications Received

468/16 RESOLVED:        (Smyth/Ballangarry)

 

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

 

 

 

 

 

ITEM 9.12    SF2173              101116      2016 October - Approved Construction and Complying Development Certificates

469/16 RESOLVED:        (Ainsworth/Wilson)

 

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

 

 

 

 

 

ITEM 9.13    SF24                  101116      Request for Donation - Cheyenne Baker

470/16 RESOLVED:        (Reed/Smyth)

 

That Council make a one-off donation of $200 to assist Ms Cheyenne Baker attend and compete at the National Championships on 24 and 29 November 2016 in the 11 Years Shot-Put at the Sydney Athletic Centre.

 

 

 

 

 

ITEM 9.14    SF2129              101116      Year End Financial Working Capital Result - 30 June 2016 Budget Review

471/16 RESOLVED:        (Ainsworth/Reed)

 

That the list of revotes be approved and included as subvotes for 2016/17.

 

 

 

472/16 (Ainsworth/Reed)

 

That Council note the presentation by Mr Geoff Allen from Forsyths Chartered Accountants.

 

 

 

 

General Manager Report - LATE

ITEM 9.15    DA2016/147        101116      DA2016/147 - Proposed Telecommunications Facility at Buz Brazel Park, Scotts Head

473/16 RESOLVED:        (Reed/Smyth)

 

That Council note that development application DA2016/147 is being assessed by Bellingen Shire Council planning staff and will be referred to Nambucca Shire Council for determination at a Council meeting when the assessment is complete.

 

For the motion:                         Councillors Hoban, Jones, Reed, Ainsworth, Finlayson, Smyth, Jenvey, Ballangarry, Wilson                            (Total 9)

Against the motion:         Nil                                                     (Total 0)

 

 

 

 

General Manager Report - LATE

ITEM 9.16    SF24                  101116      Request for Support for the 2017 Gordon Park Australia Day Event

474/16 RESOLVED:        (Ainsworth/Reed)

 

That Council provide assistance to the Australia Day Organising Committee as per their request.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF321                101116      Missabotti Community Centre Committee of Management AGM - 28 August 2016 - Minutes

475/16 RESOLVED:        (Ainsworth/Jones)

 

That Council endorse minutes of the Committee of Management for the Missabotti Community Centre’s Annual General Meeting held on 28 August 2016, and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

ITEM 10.2    SF251                101116      Schedule of Council Public Meetings

476/16 RESOLVED:        (Ballangarry/Smyth)

 

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

 

2        That Council agree to only one meeting in January 2017 that being 12 January as Thursday 26 January 2017 is Australia Day Public Holiday.

 

 

 

 

ITEM 10.3    SF2114              101116      Year End Financial Statements – 30 June 2016

477/16 RESOLVED:        (Ainsworth/Wilson)

 

That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2016 be received.

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF2068              101116      Bowraville Sewage Treatment Plant - Procurement of upgrade works to improve the quality of reuse water

478/16 RESOLVED:        (Ballangarry/Ainsworth)

 

That Council:

 

1        Provide the concept design to the DPI Water for their approval.

 

2        Subject to DPI approval on the concept design, commence the procurement of the project as a Design and Construct contract.

 

3        Supply the UV unit and sand filter to the successful contractor as a Principal (Council) supplied item within tender specifications for the Design and Construct Contract.

 

4        Seek a fee proposal from NSW Public Works and other suitably qualified and experience contractors to project manage the construction phase of the project.

 

5        Provide delegated authority to the Assistant General Manager Engineering Services and the Manager Water and Sewerage to engage a suitably qualified and experienced contractor to undertake the additional project management work should the fee be considered reasonable.

 

 

 

 

 

ITEM 11.2    SF1621              101116      Record of Discussion - NDWS BORS River Monitoring Committee meeting held on 26 October 2016

479/16 RESOLVED:        (Ainsworth/Reed)

 

1        That the record of discussions of the attendees at the NDWS BORS River Monitoring Committee meeting held on Wednesday 26 October 2016 be received and noted.

 

2        That the River Monitoring Committee received and noted the following documents:

 

a)   Terms of Reference;

b)   Minutes of the meeting held on 5 August 2015;

c)   Bowra Dam filling and Operational Licence Report;

d)   GHD Aquatic Ecology Monitoring Report; and

e)   Pentair Environmental Systems real time monitoring report including costs.

 

3        That Council engages GHD to undertake another river monitoring survey in late spring this year 2016, and prepare a report on the findings.

 

4        That Council request Pentair Environmental Systems to provide a firm quote for the installation of two river monitoring probes to provide real time data on salinity and water level in the Nambucca River.

 

5        That Council allocates an amount of $50,000 in the Off River Storage Construction budget for capital works to allow for the installation of the monitoring points to be completed in 2016/2017 budget.  The money can be reallocated from the Pump Station Energy costs budget with no net effect on the overall budget.

 

 

 

ITEM 11.3    SF453                101116      Waste Management Quarterly Report July - September 2016

480/16 RESOLVED:        (Reed/Jenvey)

 

That Council receives and note the information provided in the Waste Management Quarterly Report for the period 1 July to 30 September 2016.

 

 

 

 

ITEM 11.4    SF755                101116      Biennial Contracts 1 October 2016 - 30 September 2018 accepted under Delegated Authority

481/16 RESOLVED:        (Ainsworth/Reed)

 

1        That Council note the following list of services and contractors that have been accepted for general works for the period commencing 1 October 2016 to 30 September 2018 under Delegated Authority:

         

FILE REF

DESCRIPTION

CONTRACTOR

Q013/2016

Builder/Carpenter (Panel)

Beyond Expectations (1)

TM & L Johnson (2)

Q017/2016

Effluent Collection – Various Locations

NIL received – seeking submissions

Q014/2016

Electrician (Panel)

Gary Welsh Electrical (1)

Trisleys Electrical (2)

Desert Power Pty Ltd (3)

Q020/2016

Plant Maintenance Brigade Vehicles Volunteer RFS

Fortade Pty Ltd

Q015/2016

Painter (Panel)

One Plus Two Painting & Decorating

Q016/2016

Plumber (Panel)

Nambucca Plumbing (1)

Drew Walker Plumbing (2)

Hightide Plumbing (3)

Brenton Dyer Plumbing (4)

Q019/2016

Provision of Essential Fire Safety Services

Essential Safety Protection Pty Ltd

Q021/2016

Provision of Pest Control Services

Rentokil Pest Control

Q018/2016

Provision of Security Services

Strudwick Security

Q026/2016

Columbarium Services

TM & L Johnson

 

2        That the Contract Register (TRIM 31325/2016) be updated.

 

 

 

ITEM 11.5    SF2193              101116      Temporary Road Closure for Brian Cockbain Ride Around the River 2016

482/16 RESOLVED:        (Smyth/Ainsworth)

 

1        That Council approve a request from the Macksville Cycle Club to conduct the Brian Cockbain Ride Around the River 2016, noting the following has been received:

 

·      Certificate of Currency for Public Liability Insurance

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

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

 

2        That Council endorse temporary road closures for the Brian Cockbain Ride Around the River to be held between 7.15am  and 8.30 am Sunday 27 November in Macksville as follows:

 

·      River Street (east) - Pacific Highway to Willis Street

·      Princess Street – Winifred Street to River Street

·      Wallace Lane

·      Wallace Street – Princess Street to Pacific Highway and;

·      Pacific Highway, Wallace Street and Princess – Ferry Street to Mackay Street -  for 5 minutes between 8.05am to 8.15am.

 

 

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

483/16 RESOLVED:        (Ainsworth/Ballangarry)

 

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 above.

 

Reason reports are in Closed Meeting:

 

 

 


 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2279              101116      Proposed Change to Council's Organisation Structure

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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF205                101116      Legal Action to Seek Compensation for Damage to Council Sewer Main caused by Authorised Construction Work - Dickson Lane, 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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.59 pm.

 

RESUME IN OPEN MEETING

484/16 RESOLVED:        (Ainsworth/Ballangarry)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.12 pm

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2279              101116      Proposed Change to Council's Organisation Structure

485/16 RESOLVED:        (Smyth/Ballangarry)

 

1        Council note the intention of the General Manager to change the Council’s organisation structure by deleting the position of Plumbing and Drainage Inspector.

 

2        Council note the acceptance by the Plumbing and Drainage Inspector of a redundancy offer.

 

3        That Council conduct a tender for a panel of appropriately qualified contractors to undertake the required inspections of on-site sewage management systems.

 

 


 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF205                101116      Legal Action to Seek Compensation for Damage to Council Sewer Main caused by Authorised Construction Work - Dickson Lane, Nambucca Heads

486/16 RESOLVED:        (Ainsworth/Smyth)

 

That Council note that legal proceedings have been commenced to seek recovery of all of Council’s costs in relation to the repair of a Council sewer main which was damaged by the construction of an unauthorised retaining wall adjacent to the laneway between Dickson and Nelson Streets, Nambucca Heads.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.13 pm. 

 

Confirmed and signed by the Mayor on 24 November 2016.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

 

          


Ordinary Council Meeting                                                                                            24 November 2016

General Manager

ITEM 9.1      SF959              241116         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.

 

Draft being uploaded to Council’s website.

 

Estuary Committee will be considering the study and plan at their meeting on 18 November 2016.

 

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.

 


 

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   

 

New policy and procedures will be presented to the new Council in October for comment following the local government elections.

 

Deferred to November 2016.

 

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.

 

Proposed on-going progress report on Council’s capital works program with a monthly update to be listed on Council’s website.

 

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.

Council received a briefing from the consultants reviewing the RMS assets to be handed over to Council on 30 June 2016 and a compensation package will not be developed until the transfer of traffic onto the new highway as the pavement can’t be assessed until the traffic is transferred off the old highway.

A report on the status of the Bridges is anticipated in August

 

Mayor, GM and AGMES met with Member for Oxley on 16 August 2016.  Agreed that Council consult with other affected councils and submit a paper on the financial implications for the councils and options for a revised policy on Highway handovers.  In particular the Member for Oxley was interested in the proposition of IPART being asked to assess the appropriate handover package.

 

GM’s of Bellingen and Nambucca Shire Councils have now issued a joint letter to both the Member for Oxley and the RMS.

 

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 2016 for further discussion with a report to be presented to Council afterwards.

 


 

OCTOBER 2015

7

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

Trial date not set as the Coordinator Strategic Planning and Natural Resources has to carry out a further round of public consultation regarding landscaping that includes the design for the roundabout and gauge feedback from effected business.

The roundabout is required to slow approaching traffic, and manage vehicles reversing into the carriageway. Design parameters at the bend require greater investigation before changing the parking arrangements.

 

Councillor’s verbally advised by AGMES on 11 August that the Manager Technical Services has advanced the trial and written to the properties on River Street advising that Council will implement the trial in October, signs have been ordered and order raised for the line marking contractor.

 

Trial underway with new markings installed Wednesday, 14 September 2016.

 

8

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

APRIL 2016

9

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 sent

 

Response from RMS is forthcoming. Councils Manager Technical Services was verbally advised by the RMS that the section does not warrant a reduction in the speed limit to 40km/h and that RMS will be proposing traffic management solutions which are eligible for a 50:50 grant.

 

Still no response to date, MTS to send another letter

 

JULY 2016

10

LF968

14/7/16

Council note the inspection of drainage issues at Bangalow Drive, Nambucca Heads and that the drainage plans be discussed with the residents following which there be a further report to Council for its consideration.

 

AGMES

Letter sent to residents thanking them for the meeting and providing them with the three design options and their cost.

11

SF2081

28/7/16

Following consideration of the report on Shoaling and Dredging by Council’s Estuary Committee, there be a further report to Council concerning a possible maintenance dredging strategy.

 

GM

The report is being considered by the Estuary Committee at its meeting on 18 November 2016.

AUGUST 2016

12

SF325

25/8/16

That in consultation with the (Gordon Park) Tennis Committee of Management, Council staff investigate the option for not including the new Club house on Council’s asset register.

 

AGMCS

To be discussed with Auditors.

13

SF1541

29/9/16

Council staff report the intended exempt development controls to be implemented into Schedule 2 of the NLEP 2010 to Council for R5 zoned land only.

 

GM

Report in October 2016.

Deferred to November 2016.

Discussed with Manager Development & Environment and due workload proposed to report early in the new year.

OCTOBER 2016

14

SF848

13/10/16

There be a further report to Council on the provision of a design for the replacement of the existing timber bridge which provides access to the car park (Island Golf Club)

 

AGMES

Report in November 2016

AGMES prepare report

15

SF2251

13/10/16

That the Visitor Information Centre Leasing be deferred to a Council meeting in March 2017

 

GM

Report in March 2017

16

SF842

13/10/16

Staff report back on the establishment of a Clean Energy Committee

 

GM

Report in November 2017

Have discussed with staff and there will be a report to Council’s meeting on 15 December 2016.

17

SF842

13/10/16

MBD provide Council with an information session on approaches to economic development prior to the establishment of a Business Advisory Committee.

 

GM

Briefing to be provided at 5pm on 24 November 2016

18

SF2230

13/10/16

There be a report to Council on options for Council’s investments.

 

AGMCS

February 2017

19

SF873

27/10/16

Council consider the option of avoiding all investment products offer by the Commonwealth Bank unless it reverses its decision to close the Macksville Branch.

 

AGMCS

Report in February 2017 in association with the previous report.

20

SF2183

27/10/16

Staff report on the library service status and progress as a stand-alone service, including existing infrastructure & future infrastructure needs.  Ideas be sought on the formulation of a Library Strategic Plan.  Views of appropriate staff be sought on formation of a Library Committee.

 

GM

Report January 2017

21

 

27/1016

GM provide options to Council regarding parameters for public forums.

 

GM

Report December 2016

22

RF391

27/10/16

Outcome of negotiations re replacement of Browns Bridge be reported to Council.

 

GM

Report December 2016

NOVEMBER 2016

23

RF275

10/11/16

Member for Oxley be requested to advise what funding assistance the State can provide to the proposed Bowralea dairy underpass on Bellingen Road.

 

GM

Letter written w/e 18/11/2016

24

PRF14

10/11/16

A decision on the future of Brook Park be deferred until the end of January 2017 and in the interim the use of the park be monitored.

 

GM

Report February 2017.

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                            24 November 2016

General Manager's Report

ITEM 9.2      SF621              241116         Advice of Lodgement of Aboriginal Land Claims

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council has received advice from the Aboriginal Land Claim Investigation Unit of the Department of Industry – Lands of twelve new Aboriginal Land Claims in the Nambucca local government area.  Many of the claims relate to Crown Land which is “unusable”, being steeply vegetated or flood liable or potentially subject to coastal erosion.

 

There would seem to be merit in the Department of Industry – Lands having early consultation with the claimants to identify that land which has or may have development potential and to prioritise the approval of claims for that land.  This will maximise the benefit for the claimants and hopefully our Aboriginal community.

 

 

Recommendation:

 

A.      That the Aboriginal Investigation Unit from the Department of Industry – Lands be advised:

 

1.       In relation to Claim No. 41491, it appears that the Wilson Bridge and Wilson Road runs through the land.  To this extent some of the land may be serving an essential public purpose.  A survey will be required to determine the location of Council’s road and bridge relative to the land.

 

2.       In relation to Claim No. 41519, there may be some encroachment of Council’s sewerage pumping station onto this land.  To this extent some of the land may be serving an essential public purpose.

 

3.       That in relation to Claim No’s 41485, 41486, 41487, 41488, 41490, 41492 and 41520, the land           comprises reserves for public recreation which the community is likely to regard as an           essential public purpose being for the retention of native forest for ecological, geotechnical           and aesthetic reasons.

 

4.       That the Department would be better placed to undertake early consultation with the           claimants as much of the land which has been claimed has no inherent “value” and it’s not           obvious how transferring ownership or responsibility from the Crown and Council to the           Aboriginal claimants will reduce in any way the level of disadvantage experienced by local           Aboriginal people.  Conversely there are some parcels of land in the claims which have or           may have development potential and the claimants would be better placed to work with the           Department and Council in identifying that land and prioritising action to have those claims           approved as soon as possible.

 

B.      That the Aboriginal Investigation Unit from the Department of Industry – Lands be provided           with a copy of this report.

 

 

OPTIONS:

 

There are a range of options from providing no comment to the Aboriginal Land Claim Investigation Unit to providing all of the information contained in this report.

 

Given the backlog of Aboriginal Land Claims in the State it may be many years before these claims are considered.

 

 

DISCUSSION:

 

Council has received the attached advice from the Department of Industry concerning a list of Aboriginal Land Claims which are being investigated by the Aboriginal Land Claim Investigation Unit.

 

Whilst the letter is headed “Advice only”, it also states if Council has any information clearly identifying the subject land as being lawfully used and occupied, needed for an essential public purpose, or needed for residential lands to please provide this information to Aboriginal Land Claim Investigation Unit at Council’s earliest convenience.

 

The letter also advises that an investigation of the claims has not commenced and a time period for when they will be investigated cannot be given.

 

Maps showing the location of the various land claims are attached.

 

The following comments are provided in relation to each of the claims.

 

Claim No. 41374, Lot 7301 DP 1130278, Taylors Arm Road, Thumb Creek

The vegetated land which has an area of 4.668 hectares and is located between the Taylors Arm Road and the Taylors Arm stream is unlikely to have a dwelling entitlement.  It is zoned RU2 Rural Landscape.  The land is about 8km from the end of the Taylors Arm Road at Burrapine.  It is not anticipated that the land will ever be required for any essential public purpose or for the other reasons identified in the letter.

 

Claim 41377, Lot 15 DP 755556, Taylors Arm Road, Thumb Creek

This land is at the very end of the Taylors Arm Road.  It has an area of only 7,183m2 and is unlikely to have a dwelling entitlement.  It is zoned mainly RU1 Primary Production.  The Council may not be aware but there has been a very large expenditure of public funds, mainly through the Natural Disaster Relief and Recovery Arrangements (NDRRA), in providing access to the top (north western end) of Taylors Arm Road.

 

Council’s Engineering Designer recently reviewed NDRRA funding over the past 5 years and found that $1,635,378.38 had been spent on Taylors Arm Rd west of Upper Taylors Arm from 2011 to 2016.  Much of this expenditure was towards the top end of the road which provides access to a handful of properties.

 

The yearly expenditure is as follows:

              

2016

$                   638,963.00

2015

$                   555,714.38

2014

$                     75,008.00

2013

$                     31,016.00

2012

$                   195,088.00

2011

$                   139,589.00

TOTAL

 $                1,635,378.38

 

Some might say because the expenditure has not been of Council funds it doesn’t matter, but nonetheless the wisdom of transferring crown land to private ownership, be it Land Council or otherwise, at this location is questioned.

 

Claim No. 41485, Lot 5 Section 44 DP 758749 and Lot 7014 DP 1054534, Wellington Drive and High Street, Nambucca Heads

This land is located off Wellington Drive and High Street.  It is part of R82510 being a Crown Reserve for public recreation (McLung Park).  Lot 5 has an area of 1,100m2 and Lot 7014 has an area of 3,786m2.  Both lots are zoned RE1 Public Recreation.  Putting aside their zoning they are both relatively steep and any use is likely to be constrained by this.  There will be objection to the transfer of the land to private ownership and particularly if it is subject to a redevelopment proposal under a different zoning. 

 

Claim No. 41486, Lot 7007 DP 1056995

This vegetated land is located off Ridge Street and Parkes Street and is zoned RE1 Public Recreation.  It is a Crown Reserve for recreation being R91747.  Again much of the land is quite steep and any development proposal is likely to be difficult and contentious.

 

Claim No. 41487, Lots 2-5 Section 43 DP 758749 and Lot 7008 DP 1056995

This is again steep, vegetated land.  Lot 2 is zoned R1 General Residential but lots 3-5 are zoned RE1 Public Recreation.  None of the lots have physical access.  The land is a Crown Reserve for Public Recreation R91747.

 

Claim No. 41488, Lot 293 DP 755550

This is a Crown Reserve for Public Recreation R70996.  It is steep, vegetated land zoned RE1 Public Recreation.

 

Claim No. 41489, Lot 530 DP 785120

The small piece of land is located at the end of Brahminy Street and is zoned R1 General Residential.  The adjoining lot to the north is zoned R1 General Residential and is owned by the Nambucca Heads Local Aboriginal Land Council so this proposal has some merit in providing contiguous ownership for the development of this residential land.

 

Claim No. 41490, Lot 7067 DP 1113434

This is steep, vegetated land zoned located on Wellington Drive and zoned RE1 Public Recreation.

 

Claim No. 41491, Lot 7008 DP 1054206

It appears that the Wilson Bridge and Wilson Road runs through this lot.  Either the location of the road reserve on Council’s GIS is incorrect or the new Wilson Bridge and Wilson Road approaches have not been constructed on the road reserve.  The land is zoned RE1 Public Recreation and comprises the mangrove edge of the river between Wilson Road and Taylors Arm.  It has no prospect of any development and will only be a financial liability to the property owner.

 

Claim No. 41492, Lot 6 Section 44 DP 758749

This steep, vegetated land is located on Wellington Drive and is zoned RE1 Public Recreation.  It is part of Crown Reserve for Public Recreation R82510.

 

Claim No. 41519, Lot 7072 DP 1116472

This vegetated land is located off Swimming Creek Road and is zoned RE1 Public Recreation.  The cadastral/aerial overlay suggests there may be some encroachment of Council’s sewerage pumping station onto this land.  To this extent some of the land may be serving an essential public purpose and this should be conveyed to the Aboriginal Land Claim Investigation Unit.

 

Claim No. 41520, Part Lot 7006 DP 1055531, Lot 7019 DP 1113413

This land is a large forested foreshore area at Valla Beach being a Reserve for Public Recreation R82967 and known as Robert Lowden Park.

 

It is apparent from the nature of these claims that the Department of Industry – Lands would be best placed to undertake early consultation with the claimants as much of the land which has been claimed has no inherent “value” (other than for biodiversity and landscape) and will in fact be a financial liability to whoever is the owner or whoever is obliged to maintain it.  To the extent that the Council may no longer be the trustee of Crown land which has very limited use by residents is to Council’s financial advantage.

 

If the claimant Land Councils have the funds and the inclination to maintain the land which has no inherit value then so be it, but it’s not clear how transferring ownership or responsibility from the Crown and Council to the Aboriginal claimants will reduce in any way the level of disadvantage experienced by local Aboriginal people.

 

There are some parcels of land in the claims which have or may have development potential.  The claimants would be better placed to work with the Department of Industry – Lands and Council in identifying that land and prioritising action to have those claims approved as soon as possible, rather than be left with the backlog of land claims which seem to be growing and at present levels of resourcing will take decades to resolve.

 

 

CONSULTATION:

 

Council’s Engineering Support Officer has provided advice as to the status of the land from Council’s Land Register.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environmental implications relate to the use of the land rather than its ownership.

 

Social

 

The purpose of the land claims is not clear.  Much of the land has no intrinsic commercial value because of constraints such as slope and flood liability.  In these circumstances ownership or control of the land will only be a financial liability.  If the purpose of the claims is to provide opportunities for income and wealth creation by the claimant Local Aboriginal Land Councils as a means of reducing the economic disadvantage of local Aboriginal people then, as discussed in the report, it is suggested there be a different approach.

 

It is unclear how any conflict over the use of land zoned RE1 Public Recreation will be resolved.  This is not an appropriate zoning for privately owned land.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

There is a financial risk to Council if it is required to purchase the land zoned RE1 Public Recreation.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no budgetary implications.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there are no significant resourcing implications.

 

Attachments:

1

40163/2016 - Aboriginal Land Claim Advice

 

2

40176/2016 - Aboriginal Land Claim 41374

 

3

40271/2016 - Aboriginal Land Claim 41377

 

4

40311/2016 - Aboriginal Land Claim 41485

 

5

40326/2016 - Aboriginal Land Claim 41486

 

6

40353/2016 - Aboriginal Land Claim 41487

 

7

40426/2016 - Aboriginal Land Claim 41488

 

8

40427/2016 - Aboriginal Land Claim 41489

 

9

40432/2016 - Aboriginal Land Claim 41490

 

10

40434/2016 - Aboriginal Land Claim 41491

 

11

40481/2016 - Aboriginal Land Claim 41492

 

12

40520/2016 - Aboriginal Land Claim 41519

 

13

40530/2016 - Aboriginal Land Claim 41520

 

  


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


 


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


Ordinary Council Meeting - 24 November 2016

Advice of Lodgement of Aboriginal Land Claims

 


Ordinary Council Meeting                                                                                            24 November 2016

General Manager's Report

ITEM 9.3      DA2016/146      241116         Request for Donation of DA Fees - Scotts Head Events Committee

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council provide the Scotts Head Events Committee with a refund of their development application fee for markets in the amount of $431.75.

 

 

OPTIONS:

 

The Council can decide whether or not to refund the development application fees in whole or in part.

 

 

DISCUSSION:

 

The Scotts Head Events Committee, which is one of Council’s Section 355 Committees, is intending to conduct markets on a regular basis in Scotts Head.

 

They are proposing to use the “Village Green” for this purpose but because its construction as a shallow detention basin had not been completed, in September 2016 they lodged a development application to use the car park at the Scotts Head Bowling and Recreational Club.  Council staff issued the consent under delegated authority and limited its life to 23 January 2017 by which time it was anticipated that a development consent would be in place for markets on the “Village Green”.

 

With the construction work for the detention basin on the Village Green now nearing completion, it is proposed that Council seek development consent for markets on the “Village Green” with the Committee having the opportunity to apply to use the “Village Green” under that consent.

 

Given the limited duration of the consent for use of the Bowling Club car park, the Section 355 Committee has requested a refund of the development application fee which was $431.75.

 

They note that all of the funds raised by the Section 355 Committee are used to support community events in Scotts Head.

 

 

CONSULTATION:

 

There has been consultation with the Manager Development and Environment.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no issues for the environment.

 

Social

 

The recommendation supports a “not for profit” Section 355 Committee working to support community events in Scotts Head.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The donation of the development application fees can be met from residue funds in Council’s donations budget.

 

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:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            24 November 2016

General Manager's Report

ITEM 9.4      SF2208            241116         Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 

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

 

Summary:

 

The purpose of this report is to inform Council of the results of the exhibition of the proposed LEP amendment to make housekeeping and other policy amendments (Amendment no. 21).

 

During the exhibition Council received 41 submissions and one petition concerning three of the 16 items in the proposal.  The following summarises matters associated with the proposal. Three government agencies also responded, with one objecting to two of the items.

 

The recommended way forward with the Planning Proposal is that this report is received and noted by Council and that relevant site inspections be organised to which objectors will be invited to attend. A report will be prepared for the Council meeting immediately following the site inspections at which objectors may address Council (in accordance with Council’s Policies and Procedures) and a recommendation for a decision on the Proposal will be made for that meeting.

 

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:

 

1        That Council note the information concerning the outcome of the exhibition of Amendment No. 21

 

2        That arrangements be made for an inspection of those items which have been the subject of submissions to which objectors will be invited to attend.

 

3        That following the inspection the matter be reported to Council for determination.

 

 

OPTIONS:

 

1        Pursuant with the clause 58 of the Environmental Planning and Assessment Act 1979 Council may determine not to proceed with the Planning Proposal.

 

2        Council may choose to support some items of the Planning Proposal and not others. If Council wishes to approve some items and defer others, the deferred items will then become a new Planning Proposal which will need to be publically exhibited again.

 

3        Council may choose to amend one or more items and re-exhibit the Planning Proposal.

 

4        Council may choose to hold a public meeting about the Planning Proposal.

 

 

DISCUSSION:

 

Background

 

Over the past three years Council has been preparing a Housekeeping Planning Proposal to correct a number of anomalies and make some minor policy changes in the Nambucca Local Environmental Plan 2010 (NLEP2010). The draft Planning Proposal, as exhibited, is attached and the various proposed changes are detailed below.

 

Item 2.1       Lot 12 Sec A DP 11590; Lot 1 DP 122896; Lot 1 DP 122897; Lot 1 DP 122898; Lot 7 Sec D DP 11590; Lot 6 Sec D DP 11590; Lot 5 Sec D DP 11590; Lot 4 Sec D DP 11590; Lot 1 DP 729696, Dudley Street, Macksville (Known as Thistle Park) – change Land Use Zoning and remove various controls

 

Thistle Park Reserve, Macksville is presently zoned R1 General Residential. This land was acquired from the Department of Education in 2009 during the development of the NLEP2010. One of the terms of the contract of sale was that Council agreed not to dispose of the land and the land would be zoned for open space purposes.

 

To that effect, this amendment proposes to zone Thistle Park (Lot 12 Sec A DP 11590; Lot 1 DP 122896; Lot 1 DP 122897; Lot 1 DP 122898; Lot 7 Sec D DP 11590; Lot 6 Sec D DP 11590; Lot 5 Sec D DP 11590; Lot 4 Sec D DP 11590; Lot 12 Sec A DP 11590; Lot 1 DP 729696) RE1 Public Recreation and to remove the following controls – Floor Space Ratio of 0.55, Height of Buildings of 8.5m and Minimum Lot Size of 450m2.

 

Item 2.2       Nambucca Veterinary Clinic, 5 Beer Parade, Nambucca Heads (Lot 1 DP 541043 & Lot 9 Sec 27 DP 758749) – change Land Use Zoning and remove various controls

 

Examination of the zoning relating to the above property has confirmed that this land was incorrectly zoned when the NLEP2010 was gazetted. The landowner has provided Council with a letter confirming their request to correct this.

 

The NLEP1995 zoned Lot 1 DP 541043 as 3(a) Commercial. Lot 9 Sec 27 DP 758749, a small portion of land measuring approximately 65 m2 was zoned 2(b) Residential (Medium-High Density).  In preparing the NLEP2010 the intention was to prepare a best fit transfer from the existing zones to the new template requirements unless otherwise specified. However, an error has occurred and the entire land has been zoned R3 Medium Density Residential.

 

It is proposed to correct this and zone the entire land B1 Neighbourhood Centre and remove the Floor Space Ratio and Minimum Lot Size to reflect the adjoining land and other commercial land in the Shire. A Development Application for a Veterinary Clinic was approved over both lots in 1982.

 

Item 2.3       Macksville Post Office, Cooper Street, Corner River Street, Macksville (Lot 1 DP 816339) – heritage listing

 

On 9 November 2011 the Macksville Post Office was gazetted in the Commonwealth Heritage List under the Environment Protection and Biodiversity Conservation Act 1999. Macksville Post Office was one of 43 post offices listed throughout Australia at this time.

 

Macksville was identified for the following reasons:

 

Macksville Post Office, constructed in 1917, is of historical significance as one of the first two NSW Post offices, along with Botany, credited to Commonwealth architects. Although extended and modified, the building is legible as a 1917 era structure. The freestanding timber clad telephone exchange is extant, although in poor condition and no longer used for its original function. The significant components of Macksville Post Office include the main building dating from 1917.

 

To complement the Commonwealth listing of this item, it is recommended the Post Office be listed in Schedule 5 Part 1 of the NLEP2010. This will allow for the appropriate consideration of heritage matters related to the building should future development occur.

 


Item 2.4       Nambucca Bridge Club, 2 Fred Brain Avenue, Nambucca Heads (Lot 21 DP 1161807) – change Land Use Zoning

 

The Nambucca Bridge Club acquired a portion of land at Fred Brain Avenue, Nambucca Heads in 2012. The land is presently zoned RE1 Public Recreation. As the land is no longer owned by Council it is considered that a Land Use Zone of RE2 Private Recreation is more appropriate.

 

Item 2.5       24 Bellevue Drive & 10 McLennans Lane, North Macksville - Amendment to the Floor Space Ratio & Height of Buildings Maps

 

24 Bellevue Drive, North Macksville is made up of five allotments which are legally known as Lot 5 DP 242819, Lot 9 DP 534177, Lot B DP 955417, Lot 1 DP 558086, and Lot 1 DP 1063510. The site is commonly known as the ‘Midco Site’. 10 McLennans Lane is legally known as Lot 412 DP 625737.

 

All of the above allotments are located within the R1 General Residential Zone under the NLEP. However, only one of the allotments is shown on the Floor Space Ratio Map and the Height of Buildings Map.

 

In order to correct this, it is recommended that the Floor Space Ratio Map be amended to include all of the above allotments on the map with a maximum floor space ratio of 0.55:1.  It is also recommended that the Height of Buildings Map be amended to provide a maximum building height of 8.5m on these lots. This is consistent with surrounding allotments within the R1 General Residential Zone which already have a maximum floor space ratio of 0.55:1 and a building height of 8.5m. This will ensure future buildings on the allotments are compatible with the desired bulk and scale of built form within the surrounding area. The land was previously identified as 2(a) Residential (Low-Medium Density) under the NLEP1995 and had an 8 metre maximum building height and relative density requirements.

 

Item 2.6       Amend clause 7.1(6) of NLEP2010 to clarify the exempt provisions contained within the clause

 

The objective of clause 7.1 of the NLEP2010 is “to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage”. The development standard within clause 7.1 prohibits Council from granting development consent for the specified works within the clause on land mapped on the Acid Sulfate Soils Map, unless “an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority”.

 

Clause 7.1 (6) states:

 

“development consent is not required under this clause to carry out any works if:

(a)  the works involve the disturbance of less than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations or flood mitigation works, or

(b)  the works are not likely to lower the water table.

 

It is considered that the word ‘or’ located at the end of paragraph (a) in clause 7.1 (6) is an error because it excludes the operation of the clause from developments which may result in significant environmental impacts resulting from the disturbance of acid sulfate soils. The use of the word ‘or’ in clause 7.1 (6) derives from the Settled Model Local Provisions prepared by the Department of Planning. However, examples of the use of the word ‘and’ in similar clauses are found within the Coffs Harbour and Kempsey local environmental plans.

 

Having regard to the above, it is recommended that clause 7.1 (6) be amended as follows:

 

(6) Despite subclause (2), development consent is not required under this clause to carry out any works if:

(a)  the works involve the disturbance of less than 1 tonne of soil, and

(b)  the works are not likely to lower the water table.

 

The amendment has been requested by the Department of Planning and Environment during the preparation of this Planning Proposal.

 

Item 2.7       Lot 701 DP 1054525, Boronia Street, Nambucca Heads – change Land Use Zoning and alter various controls

 

The Nambucca Heads Local Aboriginal Land Council (NHLALC) currently owns Lot 701 DP 1054525, Boronia Street, Nambucca Heads. This allotment is currently connected to reticulated sewer and water, with both legal and physical access available from Boronia Street and Pacific Street. It is zoned RE1 Public Recreation. This is a mapping error that occurred when the NLEP2010 was gazetted. Prior to that, the entire lot was zoned the equivalent of R1 General Residential.

 

The RE1 Public Recreation Zone is generally intended for a wide range of public recreational areas and activities including local and regional parks and open space. As Lot 701 DP 1054525 is owned by the NHLALC and not been reserved for public recreation purposes on the Land Reservation Acquisition Map, it is not considered that its current zoning is appropriate for the location and nature of the site, an opinion shared by the NHLALC.

 

While the development potential of the site is constrained due to steep slopes and watercourses; it is considered that some form of residential development could potentially occur on the site subject to matters such as slope, flora and fauna, bushfire, and drainage been addressed during the development assessment process.

 

Having regard to the above, it is recommended that part of the land be rezoned to part R1 General Residential and part E3 Environmental Management. The proposed R1 zone boundaries are contained areas with managed or disturbed lawn with scattered trees and reasonable grades.

 

As part of this rezoning, it is also recommended that the residential part of the lot be provided with 450m2 minimum lot size and the E3 Environmental Management be provided with a 40HA minimum lot size. Further, the Height of Buildings Map would show a maximum building height of 8.5m, and the Floor Space Ratio Map a maximum floor space ratio of 0.55:1. The inclusion of these standards and zones will provide consistency with adjoining land. Further to this it is noted that this land was previously zoned 2(a) Residential (Low-Medium Density) and the proposed R1 and E3 zones provide a sustainable balance to the potential future development of the land.

 

Item 2.8       Lot 470 DP 755550, Loftus Street, Nambucca Heads – change Land Use Zoning and alter various controls

 

As with the aforementioned allotment, the NHLALC also owns Lot 470 DP 755550, Loftus Street, Nambucca Heads. This allotment is also zoned RE1 Public Recreation and has not been reserved for public recreation purposes on the Land Reservation Acquisition Map. This is a mapping error that occurred when the NLEP2010 was gazetted. Prior to that, the entire lot was zoned the equivalent of R3 Medium Density Residential The lot has access to reticulated sewer and water, with both legal and physical access available from Loftus Street.

 

Having regard to the above, it is not considered that its current zoning is appropriate for the location and nature of the lot. Furthermore, it is considered that the lot is less constrained than Lot 701 DP 1054525 and has potential for residential development in a manner which is consistent with the surrounding area. Some constrained vegetated land exists on the eastern portion of the site.

 

As such, it is recommended that the western portion of the lot be rezoned to R3 Medium Density Residential to be consistent with the zoning of the surrounding area and the constrained area be zoned E3 Environmental Management. As part of this rezoning, it is also recommended that the lot be included on the Lot Size Map with a minimum lot size of 450m² over the residential portion and 40HA on the E3 portion. The Height of Buildings Map would be designated with a maximum building height of 8.5m, and the Floor Space Ratio Map with a maximum floor space ratio of 0.75:1 for the R3 zoned area. The inclusion of the lot on these maps will ensure the development standards applicable to the lot will be the same as the adjoining R3 Medium Density Residential zoned land.

 

Item 2.9       Amend clause 4.1(4A)(a) of the NLEP2010 to clarify the exempt provisions contained within the clause

 

Clause 4.1 (3) of the NLEP2010 states that The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land”.

 

However, clause 4.1 (4A) (a) excludes the operation of clause 4.1 to development applications for the subdivision of land if the land contains an existing dual occupancy. Clause 4.1 (4A) reads as follows:

 

“(4A) This clause does not apply in relation to the subdivision of land in Zone R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential or R4 High Density Residential:

(a)    if the land contains an existing dual occupancy, or

(b)    for the purpose of erecting an attached dwelling or a semi-detached dwelling, or

(c)    if a single development application is made for the subdivision of the land into 2 lots and for the erection of a dwelling house on each of the 2 resulting lots.”

 

The intention of clause 4.1 (4A) (a) is to exclude the minimum lot size development standard from applying to the subdivision of land which contains a dual occupancy, if only two lots will result from the subdivision and one existing dwelling is located on each resulting lot. However, as can be seen above, the way the clause is written is that clause 4.1 does not apply to the subdivision of land as long as a dual occupancy is located on the land. This means that a development application for the subdivision of land into more than two allotments with sizes below the minimum lot size is excluded from the operation of clause 4.1. It is considered that this is an error as it is contrary to the objective of the clause because such an exemption to the operation of the clause removes a vital control which helps ensure subdivision layouts are compatible with the desired future character of the locality in which the subdivision is located.

 

Having regard to the above, it is recommended that clause 4.1 (4A) be amended as follows:

 

(4A) This clause does not apply in relation to the subdivision of land in Zone R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential or R4 High Density Residential:

(a)    if the land contains an existing dual occupancy and there are only 2 lots resulting from the subdivision, with an existing dwelling located on each resulting lot, or

(b)    for the purpose of erecting an attached dwelling or a semi-detached dwelling, or

(c)    if a single development application is made for the subdivision of the land into 2 lots and for the erection of a dwelling house on each of the 2 resulting lots.

 

Item 2.10     Lot 1 DP 560614, Upper Buckrabendinni Road, Buckra Bendinni – change Land Use Zoning and amend Minimum Lot Size Map

 

Lot 1 DP 560614, Upper Buckrabendinni Road, Buckra Bendinni was created in 1973 by a subdivision initiated by the State Government so that land could be purchased by the then Minister for Conservation to add to the Buckra Bendinni State Forest. A subdivision of Lot 45 DP 755548 and the adjoining State Forest was undertaken. The new Lot 2 DP 560614, with an area of 15.38 hectares at the rear of the previous Lot 45 DP 755548 was transferred to the ownership of the State Government and is part of the State Forest. It is now zoned RU3 Forestry and it is not proposed to change this. In return for acquiring this parcel of land, Lot 1 DP 560614 was transferred from the State Forest to private ownership. It has an area of approximately 15.05 hectares. This parcel of land remains in private ownership but is still zoned RU3 Forestry. A more appropriate zone would be a combination of RU1 Primary Production and RU2 Rural Landscape, similar to the lots around it. It is also proposed to amend the minimum lot size map to 100 Hectares to be in line with the adjoining lots.

 

Item 2.11     Lot 157 DP 755560, 31 Tuna Street, Valla Beach – change Land Use Zoning and alter various controls

 

Lot 157 DP 755560 – 31 Tuna Street, Valla Beach is privately owned and contains areas of land zoned R1 General Residential, E1 National Parks & Nature Reserves, and E3 Environmental Management.

 

The NLEP2010 was produced as a best fit transfer from the NLEP1995. As such, the intent was for this land to be zoned R1 General Residential with a strip of E3 Environmental Management over a riparian corridor which crosses the site. However, during the preparation of the NLEP2010 the NSW Land and Property Information Services incorrectly mapped the cadastre boundary of the adjoining National Park 20m to the west of its actual location. This resulted in the position of the E1 National Park and Nature Reserve zone incorrectly encroaching within Lot 157 DP 755560.

 

In order to rectify this error, it is recommended that the land zoning map be amended by removing the E1 National Parks & Nature Reserves zone from Lot 157 DP 755560 and replacing it with the corresponding R1 General Residential and E3 Environmental Management zones, together with the corresponding floor space ratios, height of buildings and minimum lots sizes for each of the proposed zones.

 

Item 2.12     Ensure permissibility of Secondary Dwellings in the R5 Large Lot Residential Zones

 

During the preparation of the NLEP2010, Council proposed to make secondary dwellings permissible with consent in the R5 Large Lot Residential Land Use Table. However, at the time the Department of Planning advised that as secondary dwellings were permissible in the R5 Zone within the provisions of the SEPP (Affordable Rental Housing) 2009 it was not necessary to reiterate this within the Land Use Table.

 

However, Council has since had enquiries regarding approval for secondary dwellings in the R5 Large Lot Residential zone and the following issue has been identified in applying the SEPP provisions.

 

Clause 22(3)(b) of the SEPP states the following:

 

‘the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.’

 

Council’s provisions in the NLEP2010 allow development of secondary dwellings up to 50% of the size of the primary dwelling. However, as the LEP does not specifically permit secondary dwellings in the R5 zone then the SEPP provisions must be relied upon. It could be argued that the SEPP provisions would only allow secondary dwellings to be constructed to the 60sqm, not 50% of the size of the primary dwelling.

 

The proposed amendment is to simply include ‘secondary dwellings’ as permissible with consent within the R5 Large Lot Residential zone. This would ensure consistency with secondary dwelling provisions within rural and other residential land in the NLEP2010.

 

Item 2.13     Amend the Land Use Table to make detached dual occupancies permissible within the RU1 Primary Production, RU2 Rural Landscape and R5 Large Lot Residential zones and remove the word “attached” from Clause 4.2A

 

Under the NLEP2010, the erection of an attached dual occupancy (two dwellings of any size attached to each other) is permissible within the RU1 Primary Production, RU2 Rural Landscape and R5 Large Lot Residential zones. Also, a secondary dwelling (a dwelling which can be detached from the primary dwelling with limited floor area) is permissible with consent within the RU1 Primary Production and RU2 Rural Landscape zones. However, a detached dual occupancy is prohibited in all three land use zones.

 

It is considered that amending the Land Use Table of the NLEP2010 to permit detached dual occupancies with development consent in the RU1, RU2 and R5 zones would result in the same positive outcomes for property owners that secondary dwellings and attached dual occupancies provide, while allowing landowners greater freedom in the development of their land.

 

It is to be noted that potential impacts on the natural, social, and economic environments associated with the construction of a detached dual occupancy are no different to that of a detached secondary dwelling; all of which would be considered by Council prior to determining the development application. It should also be noted that Council’s current development controls within the Nambucca Development Control Plan 2010 (DCP2010) and relevant State Environmental Planning Policies are sufficient to ensure the development of detached dual occupancies will not result in any significant impacts on the natural, social or economic environments of the locality in which they are located.

 

Furthermore, due to the current ability to have an attached dual occupancy and secondary dwelling within the RU1, RU2 & R5 (secondary dwellings pending – see above) zones, it is not considered that permitting detached dual occupancies will result in any increased demands on public infrastructure or services, or any significant increase in rural housing supply than that which could already occur. Having regard to this, it is currently permissible to grant development consent for 3 or more detached dwellings on land within the RU1 and RU2 zones which have an area greater than 10 hectares and comply with the provisions of the State Environmental Planning Policy No 15—Rural Landsharing Communities (SEPP). However, it is not permissible to grant development consent for 2 detached dwellings under the SEPP or the NLEP2010.

 

The existing subdivision development standards are proposed to remain in force. This means that the subdivision of land to locate the detached dwellings onto separate allotments will only be permissible if it is already permissible to subdivide the land; therefore ensuring rural land fragmentation will not occur as a result of permitting detached dual occupancies.

 

As such, it is recommended that the Land Use Tables for the RU1 Primary Production, RU2 Rural Landscape and R5 Large Lot Residential Land Use Tables be amended by deleting “dual occupancies (attached)” and adding “dual occupancies” as permissible with consent. Also, the word “attached” is proposed to be removed from clause 4.2A.

 

Item 2.14     Amend the Land Use Table to make eco-tourist facilities permissible within the RU1 Primary Production, RU2 Rural Landscape, and R5 Large Lot Residential zones

 

Amendment No 7 of the NLEP2010 was to allow ‘Tourist and Visitor Accommodation’ as permissible with consent in the RU1 Primary Production Zone, RU2 Rural Landscape Zone, and R5 Large Lot Residential Zones but prohibit the land uses ‘backpackers accommodation’, ‘hotel and motel accommodation’ and ‘serviced apartment’. By preparing the Land Use Tables in this way farm stay accommodation’, ‘bed and breakfast accommodation’ and any other form of tourist accommodation which did not fall within the definition of a prohibited land use became permissible uses.

 

It is to be noted that clause 5.4 of the NLEP2010 restricts guest accommodation within farm stay accommodation to no more than 5 bedrooms and no more than 3 bedrooms for bed and breakfast accommodation.

 

The intent of Amendment No 7 was to promote alternative forms of temporary accommodation in rural areas, such as tourist cabins, as it was considered that ‘farm stay accommodation’ and ‘bed and breakfast accommodation’ was too restrictive in the development of tourism in the rural areas of the shire.

 

However, having regard to the definition of ‘tourist and visitor accommodation’ and the definition of ‘hotel or motel accommodation’; it is not considered that there are other forms of tourist and visitor accommodation which are permissible as it is considered that they would fall within the definition of ‘hotel or motel accommodation’ which is a prohibited land use.

 

In order to permit alternative forms of temporary accommodation in rural areas (such as self-contained cabins) in a manner which will not be contrary to the rural planning principles, it is recommended that the Land Use Table be amended by making an ‘eco-tourist facility’ permissible with consent in the above zones.

 

Furthermore, if an ‘eco-tourist facility’ was permissible with consent; clause 5.13 of the NLEP2010 would become applicable which would read as follows:

5.13   Eco-tourist facilities

(1)  The objectives of this clause are as follows:

(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out

(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.

(2)  This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.

(3)  The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that:

(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and

(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and

(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and

(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and

(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and

(f)   waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and

(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and

(h)  any infrastructure services to the site will be provided without significant modification to the environment, and

(i)   any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and

(j)   the development will not adversely affect the agricultural productivity of adjoining land, and

(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment:

(i)  measures to remove any threat of serious or irreversible environmental damage

(ii) the maintenance (or regeneration where necessary) of habitats

(iii) efficient and minimal energy and water use and waste output

(iv)     mechanisms for monitoring and reviewing the effect of the development on the natural environment

(v) maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.

 

Having regard to the above, it is considered that amending the Land Use Table by making an ‘eco-tourist facility’ permissible with consent within the RU1 Primary Production, RU2 Rural Landscape, and R5 Large Lot Residential Zones will promote additional tourist accommodation within the rural areas of the shire in a manner which will positively contribute to the local economy and be consistent with Council’s previous resolution to support Amendment No 7 of the NLEP.

 

It is considered that clause 5.13 will provide sufficient grounds to regulate the location and size of eco-tourism developments to ensure they are suitable for the area in which they are to be located. Should Council wish to further regulate the location and size of such developments, an amendment to the DCP could be made in the future.

 


Item 2.15     Lot 12 DP 528491 59 Waratah Street Scotts Head – change Land Use Zoning

 

Last year Council submitted a planning proposal to amend the zoning of land at Adin St from B2 Commercial zoned land to B4 Mixed Use zone land. During the exhibition of this planning proposal the owner of 59 Waratah Street made a submission to Council to extend the proposed mixed use zone to 59 Waratah Street.  In considering this submission Council resolved to provide owner of this property the opportunity to provide more detail of their proposal so it could be more appropriately considered.

 

The owner has since provided plans demonstrating that mixed use development could be achieved on the site subject. It is noted that the plans may require significant modifications and refinements to be acceptable to Council and meet relevant Australian standards.

 

The proposal is a minor extension to the recently gazetted B4 Mixed Use zone on Adin Street and will maintain the existing site densities. It is not proposed to amend the Floor Space Ratio at this site.

 

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

 

Item 2.16     Amend the Land Use Table to make vehicle sales and hire premises permissible within the IN1 General Industrial zone

 

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.

 

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.

 

 

A Gateway Determination was made by the Department of Planning on 4 April 2016. Minor amendments were made to the Proposal and mapping was corrected after this date in accordance with the Determination. Approval was given by the Department on 16 September 2016 for the Proposal to be exhibited.

 

Agency Consultation

 

Pursuant to the Gateway Determination Council forwarded the application to agencies for comment. The following agencies responded – their responses are attached. The following table shows the results of the consultation and Council staff’s response:

 

Agency

Comments

Council Response

Office of Environment and Heritage (OEH)

OEH does not object to the proposal.

 

i) They advise that additional information be sought concerning item 2.7 at Boronia Street, Nambucca Heads as there may be an Endangered Ecological Community there.

 

ii) They request that Council consider applying an E3 zone over the entire strip of land to be rezoned at Tuna Street, Valla Beach (Item 2.11)

 

iii) They request an additional clause be added to the NLEP2010 concerning secondary dwellings and detached dual occupancies.

i) The land at Boronia Street earmarked to be rezoned to E3 is already very constrained due to slope, access and bushfire compliance. The likelihood of any of the additional types of development permitted under E3 zoning but not under E2 is very low. Regardless of which zoning is used, any development on that portion of the land would trigger a request for a Species Impact Statement at the DA stage. It is not considered that E3 zoning instead of E2 zoning will lead to increased threat to the possible EEC.

 

ii) The imposition of E3 zoning on the entirety of the privately owned 20m strip in Tuna Street is considered unnecessary. The current E3 strip (as amended by the proposed rezoning of this Proposal provides sufficient connectivity for wildlife on the Valla Nature Reserve.

 

This clause is considered unnecessary as a full assessment of DAs under Section 79c of the EP&A Act will cover all of the areas raised.

NSW Roads and Maritime Services (RMS)

The RMS is an adjoining owner to some of the relevant properties. They have no objection to the proposal, but recommend development controls to manage property access and safe design standards for dual occupancies and eco-tourist facilities.

The Nambucca Development Control Plan 2010, particularly Part C Car Parking and Traffic, already contains relevant controls.

NSW Rural Fire Service (RFS)

The RFS objects to Items 2.7 and 2.8 until it is demonstrated that future subdivisions and/or dwellings can comply with Planning for Bush Fire Protection 2006.

Council believes that such demonstration should be done at the DA stage by the applicants, rather than at this stage. A perimeter road on the Loftus Street site should provide a sufficient Asset Protection Zone (APZ). The property at Boronia Street has other constraints which will limit where any development can occur. The two residential zoned areas are comparatively quite large and should be able to contain any required APZs.

 

Public Exhibition

 

The Planning Proposal was exhibited between Friday 23 September 2016 and Friday 21 October 2016. During the exhibition period Council received 41 submissions and a petition which are attached. The following is a summary of the concerns raised in submissions:

 

Item 2.7 (9 submissions)

 

·           The area supports wildlife and has a water course going through it – should all be E2 or Public Recreation

·           R1 Minimum Lot size of 450 m2 is too small

·           Public meeting requested

·           Bushfire Management Plan should be made available

·           Development may lead to disturbance of Acid Sulphate Soils

·           Beilby’s Creek and vegetated riparian zone should be shown on maps. As a first order Strahler system, 20m plus channel width of VRZ should adjoin the channel

·           Minimum lot size (R1) not compatible with existing R1 lot sizes. Indicative plan of how subdivision may occur should be in planning proposal

·           As there is no Tree Preservation Order in the Shire clearing of trees and vegetation in proposed R1 area could lead to erosion, soil instability and runoff.

·           Objectives of SEPP71 have not been considered/met

·           Protection of flora and fauna, especially Endangered Ecological Communities and Vulnerable and Endangered Fauna has not been adequately considered. A full Environmental Impact Assessment is required.

·           Will impact enjoyment, amenity, peace and quiet

·           Constraints, including bushfire, water course, slope of land, SEPP71, SEPP44, Section 117 directions for E zones and Section 117 directions for Bushfire Protection would preclude the development of more than one dwelling house on the land. This can be achieved with the entire block zoned E3.

 

Item 2.8 (16 submissions and one petition – one submission supported Council’s proposal, the rest opposed it)

 

·           Greater community consultation required

·           Green space includes a natural water course and supports thousands of native wildlife

·           Is adjacent to a large area of undeveloped residentially zoned land

·           Would be better zoned as public recreation, E3 or used as a community garden

·           Public hearing requested

·           Children have played on the land for more than 3 generations

·           Doesn’t have the appearance of being privately owned – no fences, no concerted care by the owners

·           Surrounding property owners mow the lot at their own expense – only slashed by owner twice a year

·           Contact with the NHLALC led adjoining owners to believe that they wish it to return to its natural state

·           Adjoining owners were glad when the zoning was changed to RE1 from residential zoning

·           Adjoining owners were unaware of the change in ownership of the land

·           An adjoining owner cleared part of the lot due to bushfires burning up to his property

·           Adjoining owners have purchased and improved their properties due to the RE1 zoning and amenity of this lot

·           A change to residential zoning would reduce the value of adjoining and overlooking lots

·           An Environmental Impact Statement should be initiated prior to any change in zoning due to the presence of koalas and frogs

·           Should be retained as a wildlife corridor

·           Rezoning smacks of underhand dealing

·           Questions of probity raised when land is moved from public ownership to private for-profit development

·           Legal advice will be sought seeking significant damages from Council if rezoning goes ahead

·           Want this determined at a Council meeting rather than internally

·           Council should purchase the lot and turn it into a community garden area

·           Open space is in scarce supply in this area

·           Noise from rezoning will affect amenity

·           Local context and street pattern not respected by rezoning

·           A better fit would be R2 Low Density Residential

·           No Tree Preservation Order so trees and vegetation can be removed

 

The submission in support stated:

 

·           The RE1 zoning is not the correct zoning for private land.

·           The proposal is rectifying an error

·           The larger, uncleared portion of the lot will have a more appropriate zoning – E3 – than before – medium density residential

·           Community has gained a block of preserved bush and the creek catchment quality will be maintained

·           A pragmatic decision which is advantageous to the land holders, Council and almost all the community

·           Addresses environmental issues appropriately

 

Item 2.11 (1 submission)

 

·           Reserves and National Parks are important – once lost, they cannot be regained.

·           If this is approved, it opens the way for further rezonings on other reserves/National Parks

·           There is enough land already for residential development – this strip isn’t required

·           Proposed development will result in habitat loss, fragmentation and degradation of the adjoining reserve

·           Council has not acted to prevent unauthorised clearing in other locations in Valla Beach

 

Item 2.15 (15 submissions)

 

·           This rezoning would represent a haphazard, one-off approach to planning rather than a co-ordinated one.

·           Not all commercially zoned properties are currently being fully utilized

·           Traffic concerns – steep hill, safety of children, no pedestrian crossings, busiest street in Scotts Head, near a busy corner

·           Takes the B4 zone around the corner – commercial zoned land would spread too widely

·           Better guidelines in the Nambucca DCP are required for Commercial development so that it is not ad-hoc

·           Property lowers the standard of the local area already

·           Market stall type business that would operate that would further downgrade the area

·           Affects privacy of permanent residents

·           Already enough property that is correctly zoned for this type of business

·           Proposed development at the site would impact the views of other people

·           No footpath – customers on foot will be forced to walk on the road

·           No street lighting there

·           Sets a precedent for other residential property to be rezoned

·           Not consistent with Council’s plan for Scotts Head and their statement that Scotts Head already have enough commercially zoned land

·           Site inspection requested

·           What will be property be used for in the future – no assurance

·           More community consultation required

·           Property would no longer conform with surrounding residential properties

·           Lack of waste storage

·           Future development could be unsightly, noisy, smelly, open all hours and attract undesirables

·           Adjoining owners’ solar access will be blocked by the proposal, if it is built. Privacy will also be affected.

·           The proposal will take months to build, causing disruption to the adjoining owner

 

Council staff’s response to the submissions is provided below:

 

Item 2.7

 

It is important to note that this land is owned by the Nambucca Heads LALC and is therefore not public land. It was acquired by them under the provisions of the Native Titles Act, a process which does not involve Council.

 

The environmental constraints of the site are noted by Council, particularly the slope of the land, bushfire issues and the potential for an EEC. Prior to the mapping error being discovered, the entire property was zoned the equivalent of R1 General Residential, however both Council and the Nambucca Heads Local Aboriginal Land Council have agreed that the proposed zonings of E3 and R1 as detailed in the Planning Proposal are more suitable. It is considered that a small amount of residential development could occur in two places on the lot, similar to the other residential development in the area.

 

The 450 m2 minimum lot size proposed is identical to that of the surrounding residential zoned area.

 

A Species Impact Statement or similar would be requested at the development application stage to ascertain whether or not an EEC exists on the site, however it would be possible to zone the portion of land proposed to be E3 as E2 Environmental Conservation instead. This would have little impact on the development potential of the site as it is already heavily constrained.

 

Item 2.8

 

As with Item 2.7, it is important to note that this land is owned by the Nambucca Heads LALC and is therefore not public land. It was acquired by them under the provisions of the Native Titles Act, a process which does not involve Council.

 

Prior to the mapping error being discovered, the entire property was zoned the equivalent of R3 Medium Density Residential, however both Council and the Nambucca Heads Local Aboriginal Land Council have agreed that the proposed zonings of E3 and R3 as detailed in the Planning Proposal are more suitable.

 

Council is not of the opinion that additional public open space is required in that location and, if it was, if the current position and layout of the lot is the most suitable. If the large quantity of undeveloped residential land adjoining the property is developed, the provision of suitably located public open space will be required from the developer.

 

It is believed that a residential development could be undertaken on the proposed R3 portion of the block in such a way that the Rural Fire Service’s Planning for Bushfire Requirements 2006 would be met, particularly if a perimeter road was used to provide an Asset Protection Zone. Such a development would also require a Species Impact Statement or similar to ensure adequate protection of flora and fauna.

 

Item 2.11

 

This property is privately owned and is not a National Park or Reserve, therefore the current zoning cannot be maintained. No public land is being lost. The proposal simply corrects a mapping error. If development on the lot occurs, impacts on the adjoining properties will be considered and appropriately managed through conditions in the development consent.

 

Item 2.15

 

The proposal represents a small addition to the B4 zoned land in Scotts Head. The applicant has demonstrated how sufficient off-street parking can occur and that cars can leave the property in a forward direction.

 

The potential for land use conflict with the property at 2 Wallace Street is acknowledged. One solution to this could be to only extend the proposed B4 zoning halfway along 59 Waratah Street and maintain the R3 Medium Density Residential zoning on the half of the property which shares a boundary with 2 Wallace Street. This will eliminate any land use conflicts resulting from a B4 Mixed Use zoning and will prevent further spreading of commercial uses.

 

Issues such as noise, parking, hours of operation, etc can be conditioned during the Development Application process to minimise any negative impacts on adjoining owners.

 

 

CONSULTATION:

 

Manager Development & Environment

Co-ordinator Strategic Planning & Natural Resources

Property owners, adjoining owners and government agencies as above

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed amendments are mostly aimed at correcting anomalies with the Nambucca LEP 2010. There are no associated adverse environmental impacts.

 

Any environmental impacts resulting from dual occupancies/secondary dwellings in RU1, RU2 and R5 zoned land will be assessed and dealt with during the development application process.

 

Social

 

The proposed amendments are aimed at correcting anomalies with the Nambucca LEP 2010. There are no associated adverse social impacts.

 

Enabling property owners to construct detached dual occupancies will provide more options for extended families to live on the same property.

 

The proposed amendment at item 2.16 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 amendments are aimed at correcting anomalies with the Nambucca LEP 2010. There are no associated adverse economic impacts.

 

Having more flexible development options will enable rural and large lot residential property owners to maximise the value of their property and earn additional rental income.

 

The proposed amendment at item 2.16 will extend the potential for industrial development on all IN1 zoned land in the Shire.

 

Risk

 

The main risk that faces Council at this stage is that some property owners adjoining the Nambucca Heads LALC land in Loftus Street have indicated that if the proposed rezoning proceeds, they will commence legal action against Council to recoup any losses they will experience if such a rezoning results in their properties losing value.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Approving the proposal will enable sustainable development to occur in various parts of the Shire. This 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:

1

803/2016 - Planning Proposal No 21 - Housekeeping and Other Amendments

 

2

40756/2016 - Planning Proposal No 21 - Maps Item 2.1

 

3

40757/2016 - Planning Proposal No 21 - Maps Item 2.2

 

4

40758/2016 - Planning Proposal No 21 - Maps Item 2.3

 

5

40759/2016 - Planning Proposal No 21 - Maps Item 2.4

 

6

40761/2016 - Planning Proposal No 21 - Maps Item 2.5

 

7

40762/2016 - Planning Proposal No 21 - Maps Items 2.7 & 2.8

 

8

40764/2016 - Planning Proposal No 21 - Maps Item 2.10

 

9

40766/2016 - Planning Proposal No 21 - Maps Item 2.11

 

10

40767/2016 - Planning Proposal No 21 - Maps Item 2.15

 

11

40751/2016 - Planning Proposal No 21 - Submissions to Item 2.7

 

12

40752/2016 - Planning Proposal  No 21 - Submissions to Item 2.8

 

13

40753/2016 - Planning Proposal No 21 - Submission to Item 2.11

 

14

40754/2016 - Planning Proposal No 21 - Submissions to Item 2.15

 

  


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 

  


Nambucca Shire Council

 

 

 

 

 

 

 

 

 

 

 

Planning Proposal

Nambucca Local Environmental Plan

Amendment No. 21

Housekeeping and Other Policy Amendments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by:

Development & Environment Section

Nambucca Shire Council

 

Dated: September 2016

 

File:SF2208


Table of Contents

 

 

1.0             Preliminary.. 1

Part 1    Objectives or Intended outcomes. 1

Part 2    Explanation of Provisions. 1

2.1    Lot 12 Sec A DP 11590; Lot 1 DP 122896; Lot 1 DP 122897; Lot 1 DP 122898; Lot 7 Sec D DP 11590; Lot 6 Sec D DP 11590; Lot 5 Sec D DP 11590; Lot 4 Sec D DP 11590; Lot 1 DP 729696, Dudley Street, Macksville (Known as Thistle Park) – change Land Use Zoning and remove various controls. 1

2.2    Nambucca Veterinary Clinic, 5 Beer Parade, Nambucca Heads (Lot 1 DP 541043 & Lot 9 Sec 27 DP 758749) – change Land Use Zoning and remove various controls. 1

2.3    Macksville Post Office, Cooper Street, Corner River Street, Macksville (Lot 1 DP 816339) – heritage listing   2

2.4    Nambucca Bridge Club, 2 Fred Brain Avenue, Nambucca Heads (Lot 21 DP 1161807) – change Land Use Zoning   2

2.5    24 Bellevue Drive & 10 McLennans Lane, North Macksville - Amendment to the Floor Space Ratio & Height of Buildings Maps. 2

2.6    Amend clause 7.1(6) of NLEP2010 to clarify the exempt provisions contained within the clause  2

2.7    Lot 701 DP 1054525, Boronia Street, Nambucca Heads – change Land Use Zoning and alter various controls  3

2.8    Lot 470 DP 755550, Loftus Street, Nambucca Heads – change Land Use Zoning and alter various controls  4

2.9    Amend clause 4.1(4A)(a) of the NLEP2010 to clarify the exempt provisions contained within the clause  4

2.10 Lot 1 DP 560614, Upper Buckrabendinni Road, Buckra Bendinni – change Land Use Zoning and amend Minimum Lot Size Map. 5

2.11 Lot 157 DP 755560, 31 Tuna Street, Valla Beach – change Land Use Zoning and alter various controls  5

2.12 Ensure permissibility of Secondary Dwellings in the R5 Large Lot Residential Zones. 5

2.13 Amend the Land Use Table to make detached dual occupancies permissible within the RU1 Primary Production, RU2 Rural Landscape and R5 Large Lot Residential zones and remove the word “attached” from Clause 4.2A   6

2.14 Amend the Land Use Table to make eco-tourist facilities permissible within the RU1 Primary Production, RU2 Rural Landscape, and R5 Large Lot Residential zones. 6

2.15 Lot 12 DP 528491 59 Waratah Street Scotts Head – change Land Use Zoning.. 8

2.16 Amend the Land Use Table to make vehicle sales and hire premises permissible within the IN1 General Industrial zone. 8

Part 3    Justification.. 9

Section A – Need for the Planning Proposal. 9

Section B –Relationship to strategic planning framework. 9

Section C – Environmental, social and economic impact. 10

Section D – State and Commonwealth Interests. 10

Part 4    Mapping.. 10

Part 5    Community Consultation.. 10

Part 6    Project Timeline.. 11

Appendix 1 - State Environmental Planning Policies. 12

Appendix 2 - Section 117 Directions. 13

Appendix 3 - Maps. 1

 

 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 

1.0 Preliminary

 

This planning proposal has been drafted in accordance with Section 55 of the Environmental Planning and Assessment Act 1979, and ‘A guide to preparing planning proposals’ (DoP, 2009). A gateway determination under Section 56 of the Act is requested.

 

The Nambucca Local Environmental Plan 2010 (NLEP2010) was made on 30 July 2010. Since its commencement a number of housekeeping amendments have been identified and the purpose of the planning proposal is to implement these matters. Other policy amendments have also been included in the planning proposal. The background to each of the items is discussed below.

 

This planning proposal applies to the following subject land as listed in Part 2.

 

All maps and figures relating to the subject land are included in Appendix 3.

 

Part 1    Objectives or Intended outcomes

 

The primary objective of this LEP Amendment is to implement housekeeping and policy amendments with the NLEP2010.

 

Part 2    Explanation of Provisions

 

2.1  Lot 12 Sec A DP 11590; Lot 1 DP 122896; Lot 1 DP 122897; Lot 1 DP 122898; Lot 7 Sec D DP 11590; Lot 6 Sec D DP 11590; Lot 5 Sec D DP 11590; Lot 4 Sec D DP 11590; Lot 1 DP 729696, Dudley Street, Macksville (Known as Thistle Park) – change Land Use Zoning and remove various controls

 

Thistle Park Reserve, Macksville is presently zoned R1 General Residential. This land was acquired from the Department of Education in 2009 during the development of the NLEP2010. One of the terms of the contract of sale was that Council agreed not to dispose of the land and the land would be zoned for open space purposes.

 

To that effect, this amendment proposes to zone Thistle Park (Lot 12 Sec A DP 11590; Lot 1 DP 122896; Lot 1 DP 122897; Lot 1 DP 122898; Lot 7 Sec D DP 11590; Lot 6 Sec D DP 11590; Lot 5 Sec D DP 11590; Lot 4 Sec D DP 11590; Lot 12 Sec A DP 11590; Lot 1 DP 729696) RE1 Public Recreation and to remove the following controls – Floor Space Ratio of 0.55, Height of Buildings of 8.5m and Minimum Lot Size of 450m2.

 

2.2 Nambucca Veterinary Clinic, 5 Beer Parade, Nambucca Heads (Lot 1 DP 541043 & Lot 9 Sec 27 DP 758749) – change Land Use Zoning and remove various controls

 

Examination of the zoning relating to the above property has confirmed that this land was incorrectly zoned when the NLEP2010 was gazetted. The landowner has provided Council with a letter confirming their request to correct this.

 

The NLEP1995 zoned Lot 1 DP 541043 as 3(a) Commercial. Lot 9 Sec 27 DP 758749, a small portion of land measuring approximately 65 m2 was zoned 2(b) Residential (Medium-High Density).  In preparing the NLEP2010 the intention was to prepare a best fit transfer from the existing zones to the new template requirements unless otherwise specified. However, an error has occurred and the entire land has been zoned R3 Medium Density Residential.

 

It is proposed to correct this and zone the entire land B1 Neighbourhood Centre and remove the Floor Space Ratio and Minimum Lot Size to reflect the adjoining land and other commercial land in the Shire. A Development Application for a Veterinary Clinic was approved over both lots in 1982.

 

2.3 Macksville Post Office, Cooper Street, Corner River Street, Macksville (Lot 1 DP 816339) – heritage listing

 

On 9 November 2011 the Macksville Post Office was gazetted in the Commonwealth Heritage List under the Environment Protection and Biodiversity Conservation Act 1999. Macksville Post Office was one of 43 post offices listed throughout Australia at this time.

 

Macksville was identified for the following reasons:

 

Macksville Post Office, constructed in 1917, is of historical significance as one of the first two NSW Post offices, along with Botany, credited to Commonwealth architects. Although extended and modified, the building is legible as a 1917 era structure. The freestanding timber clad telephone exchange is extant, although in poor condition and no longer used for its original function. The significant components of Macksville Post Office include the main building dating from 1917.

 

To complement the Commonwealth listing of this item, it is recommended the Post Office be listed in Schedule 5 Part 1 of the NLEP2010. This will allow for the appropriate consideration of heritage matters related to the building should future development occur.

 

2.4 Nambucca Bridge Club, 2 Fred Brain Avenue, Nambucca Heads (Lot 21 DP 1161807) – change Land Use Zoning

 

The Nambucca Bridge Club acquired a portion of land at Fred Brain Avenue, Nambucca Heads in 2012. The land is presently zoned RE1 Public Recreation. As the land is no longer owned by Council it is considered that a Land Use Zone of RE2 Private Recreation is more appropriate.

 

2.5 24 Bellevue Drive & 10 McLennans Lane, North Macksville - Amendment to the Floor Space Ratio & Height of Buildings Maps

 

24 Bellevue Drive, North Macksville is made up of five allotments which are legally known as Lot 5 DP 242819, Lot 9 DP 534177, Lot B DP 955417, Lot 1 DP 558086, and Lot 1 DP 1063510. The site is commonly known as the ‘Midco Site’. 10 McLennans Lane is legally known as Lot 412 DP 625737.

 

All of the above allotments are located within the R1 General Residential Zone under the NLEP. However, only one of the allotments is shown on the Floor Space Ratio Map and the Height of Buildings Map.

 

In order to correct this, it is recommended that the Floor Space Ratio Map be amended to include all of the above allotments on the map with a maximum floor space ratio of 0.55:1.  It is also recommended that the Height of Buildings Map be amended to provide a maximum building height of 8.5m on these lots. This is consistent with surrounding allotments within the R1 General Residential Zone which already have a maximum floor space ratio of 0.55:1 and a building height of 8.5m. This will ensure future buildings on the allotments are compatible with the desired bulk and scale of built form within the surrounding area. The land was previously identified as 2(a) Residential (Low-Medium Density) under the NLEP1995 and had an 8 metre maximum building height and relative density requirements.

 

2.6 Amend clause 7.1(6) of NLEP2010 to clarify the exempt provisions contained within the clause

 

The objective of clause 7.1 of the NLEP2010 is “to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage”. The development standard within clause 7.1 prohibits Council from granting development consent for the specified works within the clause on land mapped on the Acid Sulfate Soils Map, unless “an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority”.

 

Clause 7.1 (6) states:

 

“development consent is not required under this clause to carry out any works if:

(a)  the works involve the disturbance of less than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations or flood mitigation works, or

(b)  the works are not likely to lower the water table.

 

It is considered that the word ‘or’ located at the end of paragraph (a) in clause 7.1 (6) is an error because it excludes the operation of the clause from developments which may result in significant environmental impacts resulting from the disturbance of acid sulfate soils. The use of the word ‘or’ in clause 7.1 (6) derives from the Settled Model Local Provisions prepared by the Department of Planning. However, examples of the use of the word ‘and’ in similar clauses are found within the Coffs Harbour and Kempsey local environmental plans.

 

Having regard to the above, it is recommended that clause 7.1 (6) be amended as follows:

 

(6) Despite subclause (2), development consent is not required under this clause to carry out any works if:

(a)  the works involve the disturbance of less than 1 tonne of soil, and

(b)  the works are not likely to lower the water table.

 

The amendment has been requested by the Department of Planning and Environment during the preparation of this Planning Proposal.

 

2.7 Lot 701 DP 1054525, Boronia Street, Nambucca Heads – change Land Use Zoning and alter various controls

 

The Nambucca Heads Local Aboriginal Land Council (NHLALC) currently owns Lot 701 DP 1054525, Boronia Street, Nambucca Heads. This allotment is currently connected to reticulated sewer and water, with both legal and physical access available from Boronia Street and Pacific Street. It is zoned RE1 Public Recreation.

 

The RE1 Public Recreation Zone is generally intended for a wide range of public recreational areas and activities including local and regional parks and open space. As Lot 701 DP 1054525 is owned by the NHLALC and not been reserved for public recreation purposes on the Land Reservation Acquisition Map, it is not considered that its current zoning is appropriate for the location and nature of the site, an opinion shared by the NHLALC.

 

While the development potential of the site is constrained due to steep slopes and watercourses; it is considered that some form of residential development could potentially occur on the site subject to matters such as slope, flora and fauna, bushfire, and drainage been addressed during the development assessment process.

 

Having regard to the above, it is recommended that part of the land be rezoned to part R1 General Residential and part E3 Environmental Management. The proposed R1 zone boundaries are contained areas with managed or disturbed lawn with scattered trees and reasonable grades.

 

As part of this rezoning, it is also recommended that the residential part of the lot be provided with 450m2 minimum lot size and the E3 Environmental Management be provided with a 40HA minimum lot size. Further, the Height of Buildings Map would show a maximum building height of 8.5m, and the Floor Space Ratio Map a maximum floor space ratio of 0.55:1. The inclusion of these standards and zones will provide consistency with adjoining land. Further to this it is noted that this land was previously zoned 2(a) Residential (Low-Medium Density) and the proposed R1 and E3 zones provide a sustainable balance to the potential future development of the land.

 


2.8  Lot 470 DP 755550, Loftus Street, Nambucca Heads – change Land Use Zoning and alter various controls

 

As with the aforementioned allotment, the NHLALC also owns Lot 470 DP 755550, Loftus Street, Nambucca Heads. This allotment is also zoned RE1 Public Recreation and has not been reserved for public recreation purposes on the Land Reservation Acquisition Map. The lot has access to reticulated sewer and water, with both legal and physical access available from Loftus Street.

 

Having regard to the above, it is not considered that its current zoning is appropriate for the location and nature of the lot. Furthermore, it is considered that the lot is less constrained than Lot 701 DP 1054525 and has potential for residential development in a manner which is consistent with the surrounding area. Some constrained vegetated land exists on the eastern portion of the site.

 

As such, it is recommended that the western portion of the lot be rezoned to R3 Medium Density Residential to be consistent with the zoning of the surrounding area and the constrained area be zoned E3 Environmental Management. As part of this rezoning, it is also recommended that the lot be included on the Lot Size Map with a minimum lot size of 450m² over the residential portion and 40HA on the E3 portion. The Height of Buildings Map would be designated with a maximum building height of 8.5m, and the Floor Space Ratio Map with a maximum floor space ratio of 0.75:1 for the R3 zoned area. The inclusion of the lot on these maps will ensure the development standards applicable to the lot will be the same as the adjoining R3 Medium Density Residential zoned land. Further to this it is noted that the land was zoned 2(b) Residential (Medium Density) under the Nambucca LEP 1995.

 

2.9 Amend clause 4.1(4A)(a) of the NLEP2010 to clarify the exempt provisions contained within the clause

Clause 4.1 (3) of the NLEP2010 states that The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land”.

 

However, clause 4.1 (4A) (a) excludes the operation of clause 4.1 to development applications for the subdivision of land if the land contains an existing dual occupancy. Clause 4.1 (4A) reads as follows:

 

“(4A) This clause does not apply in relation to the subdivision of land in Zone R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential or R4 High Density Residential:

(a)    if the land contains an existing dual occupancy, or

(b)    for the purpose of erecting an attached dwelling or a semi-detached dwelling, or

(c)    if a single development application is made for the subdivision of the land into 2 lots and for the erection of a dwelling house on each of the 2 resulting lots.”

 

The intention of clause 4.1 (4A) (a) is to exclude the minimum lot size development standard from applying to the subdivision of land which contains a dual occupancy, if only two lots will result from the subdivision and one existing dwelling is located on each resulting lot. However, as can be seen above, the way the clause is written is that clause 4.1 does not apply to the subdivision of land as long as a dual occupancy is located on the land. This means that a development application for the subdivision of land into more than two allotments with sizes below the minimum lot size is excluded from the operation of clause 4.1. It is considered that this is an error as it is contrary to the objective of the clause because such an exemption to the operation of the clause removes a vital control which helps ensure subdivision layouts are compatible with the desired future character of the locality in which the subdivision is located.

 

Having regard to the above, it is recommended that clause 4.1 (4A) be amended as follows:

 

(4A) This clause does not apply in relation to the subdivision of land in Zone R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential or R4 High Density Residential:

(a)    if the land contains an existing dual occupancy and there are only 2 lots resulting from the subdivision, with an existing dwelling located on each resulting lot, or

(b)    for the purpose of erecting an attached dwelling or a semi-detached dwelling, or

(c)    if a single development application is made for the subdivision of the land into 2 lots and for the erection of a dwelling house on each of the 2 resulting lots.

 


2.10        Lot 1 DP 560614, Upper Buckrabendinni Road, Buckra Bendinni – change Land Use Zoning and amend Minimum Lot Size Map

 

Lot 1 DP 560614, Upper Buckrabendinni Road, Buckra Bendinni was created in 1973 by a subdivision initiated by the State Government so that land could be purchased by the then Minister for Conservation to add to the Buckra Bendinni State Forest. A subdivision of Lot 45 DP 755548 and the adjoining State Forest was undertaken. The new Lot 2 DP 560614, with an area of 15.38 hectares at the rear of the previous Lot 45 DP 755548 was transferred to the ownership of the State Government and is part of the State Forest. It is now zoned RU3 Forestry and it is not proposed to change this. In return for acquiring this parcel of land, Lot 1 DP 560614 was transferred from the State Forest to private ownership. It has an area of approximately 15.05 hectares. This parcel of land remains in private ownership but is still zoned RU3 Forestry. A more appropriate zone would be a combination of RU1 Primary Production and RU2 Rural Landscape, similar to the lots around it. It is also proposed to amend the minimum lot size map to 100 Hectares to be in line with the adjoining lots.

 

2.11        Lot 157 DP 755560, 31 Tuna Street, Valla Beach – change Land Use Zoning and alter various controls

 

Lot 157 DP 755560 – 31 Tuna Street, Valla Beach is privately owned and contains areas of land zoned R1 General Residential, E1 National Parks & Nature Reserves, and E3 Environmental Management.

 

The NLEP2010 was produced as a best fit transfer from the NLEP1995. As such, the intent was for this land to be zoned R1 General Residential with a strip of E3 Environmental Management over a riparian corridor which crosses the site. However, during the preparation of the NLEP2010 the NSW Land and Property Information Services incorrectly mapped the cadastre boundary of the adjoining National Park 20m to the west of its actual location. This resulted in the position of the E1 National Park and Nature Reserve zone incorrectly encroaching within Lot 157 DP 755560.

 

In order to rectify this error, it is recommended that the land zoning map be amended by removing the E1 National Parks & Nature Reserves zone from Lot 157 DP 755560 and replacing it with the corresponding R1 General Residential and E3 Environmental Management zones, together with the corresponding floor space ratios, height of buildings and minimum lots sizes for each of the proposed zones.

 

2.12        Ensure permissibility of Secondary Dwellings in the R5 Large Lot Residential Zones

 

During the preparation of the NLEP2010, Council proposed to make secondary dwellings permissible with consent in the R5 Large Lot Residential Land Use Table. However, at the time the Department of Planning advised that as secondary dwellings were permissible in the R5 Zone within the provisions of the SEPP (Affordable Rental Housing) 2009 it was not necessary to reiterate this within the Land Use Table.

 

However, Council has since had enquiries regarding approval for secondary dwellings in the R5 Large Lot Residential zone and the following issue has been identified in applying the SEPP provisions.

 

Clause 22(3)(b) of the SEPP states the following:

 

‘the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.’

 

Council’s provisions in the NLEP2010 allow development of secondary dwellings up to 50% of the size of the primary dwelling. However, as the LEP does not specifically permit secondary dwellings in the R5 zone then the SEPP provisions must be relied upon. It could be argued that the SEPP provisions would only allow secondary dwellings to be constructed to the 60sqm, not 50% of the size of the primary dwelling.

 

The proposed amendment is to simply include ‘secondary dwellings’ as permissible with consent within the R5 Large Lot Residential zone. This would ensure consistency with secondary dwelling provisions within rural and other residential land in the NLEP2010.

 

2.13        Amend the Land Use Table to make detached dual occupancies permissible within the RU1 Primary Production, RU2 Rural Landscape and R5 Large Lot Residential zones and remove the word “attached” from Clause 4.2A

 

Under the NLEP2010, the erection of an attached dual occupancy (two dwellings of any size attached to each other) is permissible within the RU1 Primary Production, RU2 Rural Landscape and R5 Large Lot Residential zones. Also, a secondary dwelling (a dwelling which can be detached from the primary dwelling with limited floor area) is permissible with consent within the RU1 Primary Production and RU2 Rural Landscape zones. However, a detached dual occupancy is prohibited in all three land use zones.

 

It is considered that amending the Land Use Table of the NLEP2010 to permit detached dual occupancies with development consent in the RU1, RU2 and R5 zones would result in the same positive outcomes for property owners that secondary dwellings and attached dual occupancies provide, while allowing landowners greater freedom in the development of their land.

 

It is to be noted that potential impacts on the natural, social, and economic environments associated with the construction of a detached dual occupancy are no different to that of a detached secondary dwelling; all of which would be considered by Council prior to determining the development application. It should also be noted that Council’s current development controls within the Nambucca Development Control Plan 2010 (DCP2010) and relevant State Environmental Planning Policies are sufficient to ensure the development of detached dual occupancies will not result in any significant impacts on the natural, social or economic environments of the locality in which they are located.

 

Furthermore, due to the current ability to have an attached dual occupancy and secondary dwelling within the RU1, RU2 & R5 (secondary dwellings pending – see above) zones, it is not considered that permitting detached dual occupancies will result in any increased demands on public infrastructure or services, or any significant increase in rural housing supply than that which could already occur. Having regard to this, it is currently permissible to grant development consent for 3 or more detached dwellings on land within the RU1 and RU2 zones which have an area greater than 10 hectares and comply with the provisions of the State Environmental Planning Policy No 15—Rural Landsharing Communities (SEPP). However, it is not permissible to grant development consent for 2 detached dwellings under the SEPP or the NLEP2010.

 

The existing subdivision development standards are proposed to remain in force. This means that the subdivision of land to locate the detached dwellings onto separate allotments will only be permissible if it is already permissible to subdivide the land; therefore ensuring rural land fragmentation will not occur as a result of permitting detached dual occupancies.

 

As such, it is recommended that the Land Use Tables for the RU1 Primary Production, RU2 Rural Landscape and R5 Large Lot Residential Land Use Tables be amended by deleting “dual occupancies (attached)” and adding “dual occupancies” as permissible with consent. Also, the word “attached” is proposed to be removed from clause 4.2A.

 

2.14        Amend the Land Use Table to make eco-tourist facilities permissible within the RU1 Primary Production, RU2 Rural Landscape, and R5 Large Lot Residential zones

 

Amendment No 7 of the NLEP2010 was to allow ‘Tourist and Visitor Accommodation’ as permissible with consent in the RU1 Primary Production Zone, RU2 Rural Landscape Zone, and R5 Large Lot Residential Zones but prohibit the land uses ‘backpackers accommodation’, ‘hotel and motel accommodation’ and ‘serviced apartment’. By preparing the Land Use Tables in this way farm stay accommodation’, ‘bed and breakfast accommodation’ and any other form of tourist accommodation which did not fall within the definition of a prohibited land use became permissible uses.

 

It is to be noted that clause 5.4 of the NLEP2010 restricts guest accommodation within farm stay accommodation to no more than 5 bedrooms and no more than 3 bedrooms for bed and breakfast accommodation.

 

The intent of Amendment No 7 was to promote alternative forms of temporary accommodation in rural areas, such as tourist cabins, as it was considered that ‘farm stay accommodation’ and ‘bed and breakfast accommodation’ was too restrictive in the development of tourism in the rural areas of the shire.

 

However, having regard to the definition of ‘tourist and visitor accommodation’ and the definition of ‘hotel or motel accommodation’; it is not considered that there are other forms of tourist and visitor accommodation which are permissible as it is considered that they would fall within the definition of ‘hotel or motel accommodation’ which is a prohibited land use.

 

In order to permit alternative forms of temporary accommodation in rural areas (such as self-contained cabins) in a manner which will not be contrary to the rural planning principles, it is recommended that the Land Use Table be amended by making an ‘eco-tourist facility’ permissible with consent in the above zones.

 

Furthermore, if an ‘eco-tourist facility’ was permissible with consent; clause 5.13 of the NLEP2010 would become applicable which would read as follows:

5.13   Eco-tourist facilities

(1)  The objectives of this clause are as follows:

(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out

(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.

(2)  This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.

(3)  The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that:

(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and

(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and

(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and

(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and

(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and

(f)   waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and

(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and

(h)  any infrastructure services to the site will be provided without significant modification to the environment, and

(i)   any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and

(j)   the development will not adversely affect the agricultural productivity of adjoining land, and

(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment:

(i)  measures to remove any threat of serious or irreversible environmental damage

(ii) the maintenance (or regeneration where necessary) of habitats

(iii) efficient and minimal energy and water use and waste output

(iv)     mechanisms for monitoring and reviewing the effect of the development on the natural environment

(v) maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.

 

Having regard to the above, it is considered that amending the Land Use Table by making an ‘eco-tourist facility’ permissible with consent within the RU1 Primary Production, RU2 Rural Landscape, and R5 Large Lot Residential Zones will promote additional tourist accommodation within the rural areas of the shire in a manner which will positively contribute to the local economy and be consistent with Council’s previous resolution to support Amendment No 7 of the NLEP.

 

It is considered that clause 5.13 will provide sufficient grounds to regulate the location and size of eco-tourism developments to ensure they are suitable for the area in which they are to be located. Should Council wish to further regulate the location and size of such developments, an amendment to the DCP could be made in the future.

 

2.15        Lot 12 DP 528491 59 Waratah Street Scotts Head – change Land Use Zoning

 

Last year Council submitted a planning proposal to amend the zoning of land at Adin St from B2 Commercial zoned land to B4 Mixed Use zone land. During the exhibition of this planning proposal the owner of 59 Waratah Street made a submission to Council to extend the proposed mixed use zone to 59 Waratah Street.  In considering this submission Council resolved to provide owner of this property the opportunity to provide more detail of their proposal so it could be more appropriately considered.

 

The owner has since provided plans demonstrating that mixed use development could be achieved on the site subject. It is noted that the plans may require significant modifications and refinements to be acceptable to Council and meet relevant Australian standards.

 

The proposal is a minor extension to the recently gazetted B4 Mixed Use zone on Adin Street and will maintain the existing site densities. It is not proposed to amend the Floor Space Ratio at this site.

 

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

 

2.16        Amend the Land Use Table to make vehicle sales and hire premises permissible within the IN1 General Industrial zone

 

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.

 

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.

 

Part 3    Justification

 

Section A – Need for the Planning Proposal

 

1        Is the planning proposal the result of any strategic study or report?

          The Planning Proposal is not specifically the result of any Strategic Study or Report, rather it is implementing housekeeping and policy amendments within the NLEP2010, some of which have been noticed by Council and others being requested by property owners. The NLEP2010 was prepared in accordance with a number of State Government Policies, Local Strategies and the Nambucca Structure Plan.

 

2        Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

          Yes, the objectives are unable to be achieved without a Planning Proposal.

 

Section B –Relationship to strategic planning framework.

 

3        Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy?

 

          Yes, the NLEP2010 is consistent with the Mid North Coast Regional Strategy. New housing options provided by changes to dual occupancy and secondary dwelling permissibility will cater to the needs of an ageing population. The additional permitted land use within the IN1 zone will increase employment opportunities.

 

4        Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other strategic plan?

 

Yes, the NLEP2010 is consistent with Council’s 2023 Community Strategic Plan and this planning proposal is implementing housekeeping and policy amendments within the NLEP2010. In particular, the changes to dual occupancies and secondary dwellings will assist in meeting strategy 5.2.1: “Provide diverse, sustainable, adaptable and affordable housing options through effective land use planning”. Also, the additional permitted land use in the IN1 zone will assist in meeting strategy 10.2 “To provide economic conditions which will encourage the creation of employment in the Nambucca Valley.”

 

5        Is the planning proposal consistent with applicable State Environmental Planning Policies (SEPP’s)?

          Yes – see Appendix 1.

6Is the planning proposal consistent with applicable Ministerial Directions (s.117 directions)?

 

          Yes – see Appendix 2.

 


Section C – Environmental, social and economic impact

 

7        Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal?

 

          No, where these amendments will result in future developments, these developments will be subject to threatened species consideration under the Environmental Planning and Assessment Act 1979 and the Threatened Species Conservation Act 1995.

 

8        Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?

 

          No, the amendments proposed in this Planning Proposal are mostly rectifying issues with the NLEP2010 which have potential to result in detrimental environmental impacts or an unreasonable level or inappropriate type of development. Any other environmental effects will be assessed via the development application process.

 

9          Has the planning proposal adequately addressed any social and economic effects?

 

            Yes, amendments proposed in this Planning Proposal are mostly rectifying issues with the NLEP2010 which have the potential to result in detrimental social impacts and an unreasonable level of development. With regard to secondary dwellings, dual occupancies and eco-tourist facilities, the addition of these uses in the Land Use Table will provide greater capacity for inter-generational farming, more diverse uses of rural properties and better economic outcomes for property owners. The additional permitted land use in the IN1 zone will assist in improving employment opportunities in the Valley.

 

Section D – State and Commonwealth Interests

 

10         Is there adequate public infrastructure for the planning proposal?

 

            Yes –the proposal relates to housekeeping and policy amendments to the NLEP2010 for which additional public infrastructure is not required. The issue of provision of public infrastructure for dual occupancies, secondary dwellings and eco-tourist facilities is not considered significant as attached dual occupancies and other tourist and visitor accommodation types are already permitted in these zones.

 

11         What are the views of State and Commonwealth public authorities consulted in accordance with the gateway determination?

 

Government authorities have not been formally involved in this Planning Proposal as it is yet to receive Gateway Approval. It is anticipated that consultation will be required with the NSW Rural Fire Service and Department of Primary Industries regarding some of the proposed amendments.

 

Part 4    Mapping

 

Please see Appendix 3 for all maps related to this Planning Proposal. All maps as required by the Department of Planning & Environment have been lodged via the Planning Portal in the correct format and will be made available with this Planning Proposal when it is on public exhibition.

 

Part 5    Community Consultation

 

Council will commence community consultation in accordance with the Gateway Determination. The proposal will be advertised in the local newspaper and on Council’s website.

 


Part 6    Project Timeline

 

October 2016                           Gateway determination issued by Department of Planning & Environment

November 2016                        Public exhibition of planning proposal and consultation with government agencies

January 2017                            Analysis of public submissions and agency responses

                                               Preparation of Council report

February 2017                          Endorsed planning proposal submitted to Department of Planning and Environment for finalisation


Appendix 1 - State Environmental Planning Policies

 

The following State Environmental Planning Policies (SEPPs) are considered relevant to and have been considered in the preparation of this planning proposal:

 

 

·              State Environmental Planning Policy No. 44 – Koala Habitat Protection

 

SEPP 44 encourages the conservation and management of natural vegetation areas that provide habitat for koalas to ensure permanent free-living populations will be maintained over their present range.

 

Under SEPP 44, potential koala habitat is defined as areas of native vegetation where the trees listed in Schedule 2 of the SEPP constitute at least 15% of the total number of trees in the upper or lower strata of the tree component. A koala habitat assessment is required for any significant development in such areas.

 

The amendments within this planning proposal are consistent with the requirements of this SEPP.

 

·              State Environmental Planning Policy No 71 – Coastal Protection

 

The object of this policy is to provide for the protection and management of sensitive and significant areas within the coastal zone. Part of the subject land is located within the coastal zone. Therefore, in preparing the final LEP, Council must consider the natural, cultural, recreational and economic attributes of land within the coastal zone to ensure that public access to foreshore areas, Aboriginal heritage, visual amenity, coastal flora and fauna, coastal processes and cumulative impacts are addressed.

 

The amendments within this planning proposal are consistent with the requirements of this SEPP.

 

·              State Environmental Planning Policy (Rural Lands)

 

The aim of this policy is to facilitate the orderly and economic use and development of rural lands for rural and related purposes. The SEPP identifies rural planning principles (clause 7) that must be taken into account when a Council prepares a planning proposal. These are brought into effect through a Section 117 Direction. This is dealt with in more detail in the following section. It also identifies matters to be considered in determining development applications for rural subdivision and rural dwellings (clause 10). These are the matters that Council must take into account if it receives an application for a detached dual occupancy or a secondary dwelling, should the planning proposal succeed in amending NLEP2010.

 

The planning proposal is consistent with the rural planning principles and any application arising from this planning proposal will only be approved if it is consistent with the matters in clause 10. On balance it is consistent with the SEPP.

 

·              State Environmental Planning Policy No 55 – Remediation of Land

 

SEPP 55 (Remediation of Land) recognises that land which is known to be contaminated by past land uses can still be zoned for development as long as:

 

“(a) the planning authority has considered whether the land is contaminated, and

(b) if the land is contaminated, the planning authority is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for all the purposes for which land in the zone concerned is permitted to be used, and

(c) if the land requires remediation to be made suitable for any purpose for which land in that zone is permitted to be used, the planning authority is satisfied that the land will be so remediated before the land is used for that purpose.“

 

In this planning proposal, only housekeeping amendments are causing land to be rezoned. Further, detached dual occupancies, secondary dwellings and eco-tourist facilities will only be permissible where a dwelling is already permitted on the land.

 

Because the planning proposal is not significantly increasing the range of sensitive land uses on the site and past land use will still be addressed in any development application, it is consistent with the SEPP.

Appendix 2 - Section 117 Directions

 

 

A number of directions under Section 117 of the Environmental Planning and Assessment Act 1979 are relevant to this planning proposal.

 

1       Employment and Resources

 

Direction 1.1         Business and Industrial Zones

 

The objectives of this direction are to encourage employment growth in suitable locations, protect employment land in business and industrial zones, and support the viability of identified strategic centres.

 

This direction applies when a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed business or industrial zone (including the alteration of any existing business or industrial zone boundary).

 

A planning proposal must:

a        give effect to the objectives of this direction,

b        retain the areas and locations of existing business and industrial zones,

c        not reduce the total potential floor space area for employment uses and related public services in business zones,

d        not reduce the total potential floor space area for industrial uses in industrial zones, and

e        ensure that proposed new employment areas are in accordance with a strategy that is approved by the Director-General of the Department of Planning

 

A planning proposal may be inconsistent with the terms of this direction only if the relevant planning authority can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that the provisions of the planning proposal that are inconsistent are:

 

a        justified by a strategy which:

i         gives consideration to the objective of this direction, and

ii        identifies the land which is the subject of the planning proposal (if the planning proposal relates to a particular site or sites), and

iii       is approved by the Director-General of the Department of Planning, or

 

b        justified by a study (prepared in support of the planning proposal) which gives consideration to the objective of this direction, or

c        in accordance with the relevant Regional Strategy or Sub-Regional Strategy prepared by the Department of Planning which gives consideration to the objective of this direction, or

d        of minor significance.

 

The housekeeping and policy amendments within this planning proposal are consistent with the requirements of this direction. The additional of vehicle sales and hire premises to the IN1 zone is considered to be of minor significance.

 

Direction 1.2         Rural Zones

 

The objective of this direction is to protect the agricultural production value of rural land.

 

This direction applies when a council prepares a planning proposal that affects land within an existing or proposed rural zone (including the alteration of any existing rural zone boundary).

 

A planning proposal shall:

 

a        not rezone land from a rural zone to a residential, business, industrial, village or tourist zone.

b          not contain provisions that will increase the permissible density of land within a rural zone (other than land within an existing town or village).

 

A planning proposal may be inconsistent with the terms of this direction only if council can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that the provisions of the planning proposal that are inconsistent are:

 

a        justified by a strategy which:

i         gives consideration to the objectives of this direction,

ii        identifies the land which is the subject of the planning proposal (if the planning proposal relates to a particular site or sites), and

iii       is approved by the Director-General of the Department of Planning, or

b          justified by an environmental study prepared in accordance with section 57 of the Environmental Planning and Assessment Act 1979 which gives consideration to the objectives of this direction, or

c          in accordance with the relevant Regional Strategy or Sub-Regional Strategy prepared by the Department of Planning which gives consideration to the objective of this direction, or

d        is of minor significance.

 

The housekeeping and policy amendments within this planning proposal are consistent with the requirements of this direction. As attached dual occupancies and some tourist and visitor accommodation types are already permitted in the RU1, RU2 and R5 zones, permitting detached dual occupancies, secondary dwellings and eco-tourist facilities will not increase the permitted density on these properties, but will provide more flexibility in how developments can be carried out.

 

Direction 1.3         Mining, Petroleum Production and Extractive Industries

 

The objective of this direction is to ensure that the future extraction of State or regionally significant reserves of coal, other minerals, petroleum and extractive materials are not compromised by inappropriate development.

 

This direction applies when a council prepares a planning proposal that would have the effect of:

 

a          prohibiting the mining of coal or other minerals, production of petroleum, or winning or obtaining of extractive materials, or

b          restricting the potential development of resources of coal, other minerals, petroleum or extractive materials which are of State or regional significance by permitting a land use that is likely to be incompatible with such development.

 

In the preparation of a planning proposal affected by this direction, the council shall:

 

a        consult the Director-General of the Department of Primary Industries (DPI) to identify any:

i         resources of coal, other minerals, petroleum or extractive material that are of either State or regional significance, and

ii        existing mines, petroleum production operations or extractive industries occurring in the area subject to the planning proposal, and

b          seek advice from the Director-General of DPI on the development potential of resources identified under (4)(a)(i), and

c          identify and take into consideration issues likely to lead to land use conflict between other land uses and:

i         development of resources identified under (4)(a)(i), or

ii        existing development identified under (4)(a)(ii).

 

The amendments within this planning proposal are consistent with the requirements of this direction.

 

Direction 1.5         Rural Lands

 

The objectives of this direction are to:

 

a        protect the agricultural production value of rural land,

b        facilitate the orderly and economic development of rural lands for rural and related purposes.

 


This direction applies when:

 

a          a council prepares a planning proposal that affects land within an existing or proposed rural or environment protection zone (including the alteration of any existing rural or environment protection zone boundary) or

b          a council prepares a planning proposal that changes the existing minimum lot size on land within a rural or environment protection zone.

 

What a council must do if this direction applies

 

a          A planning proposal to which clauses 3(a) or 3(b) apply must be consistent with the Rural Planning Principles listed in State Environmental Planning Policy (Rural Lands) 2008.

b          A planning proposal to which clause 3(b) applies must be consistent with the Rural Subdivision Principles listed in State Environmental Planning Policy (Rural Lands) 2008.

 

The amendment is consistent with this direction – see Direction 1.2 above.

 

 

2       Environment and Heritage

 

Direction 2.1         Environment Protection Zones

 

The objective of this direction is to protect and conserve environmentally sensitive areas.

 

This direction applies when a council prepares a planning proposal.

 

What a council must do if this direction applies:

 

a          A planning proposal shall include provisions that facilitate the protection and conservation of environmentally sensitive areas.

b          A planning proposal that applies to land within an environment protection zone or land otherwise identified for environment protection purposes in a LEP shall not reduce the environmental protection standards that apply to the land (including by modifying development standards that apply to the land). This requirement does not apply to a change to a development standard for minimum lot size for a dwelling in accordance with clause (5) of Direction 1.5 “Rural Lands.

 

The amendments within this planning proposal are consistent with the requirements of this direction as some of the housekeeping and policy amendments to be implemented relate to land in environment protection zones.

 

Direction 2.2         Coastal Protection

 

The objective of this direction is to implement the principles in the NSW Coastal Policy.

 

This direction applies to the coastal zone, as defined in the Coastal Protection Act 1979.

 

This direction applies when a council prepares a planning proposal that applies to land in the coastal zone.

 

A planning proposal shall include provisions that give effect to and are consistent with:

 

a        the NSW Coastal Policy: A Sustainable Future for the New South Wales Coast 1997, and

b        the Coastal Design Guidelines 2003, and

c          the manual relating to the management of the coastline for the purposes of section 733 of the Local Government Act 1993 (the NSW Coastline Management Manual 1990).

 

The amendments within this planning proposal are consistent with the requirements of this direction. The NLEP2010 contains provisions which address Coastal Development.

 

Direction 2.3         Heritage Conservation

 

The objective of this direction is to conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance.

 

This direction applies when a council prepares a planning proposal.

 

A planning proposal shall contain provisions that facilitate the conservation of:

 

a          items, places, buildings, works, relics, moveable objects or precincts of environmental heritage significance to an area, in relation to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item, area, object or place, identified in a study of the environmental heritage of the area,

b          Aboriginal objects or Aboriginal places that are protected under the National Parks and Wildlife Act 1974, and

c          Aboriginal areas, Aboriginal objects, Aboriginal places or landscapes identified by an Aboriginal heritage survey prepared by or on behalf of an Aboriginal Land Council, Aboriginal body or public authority and provided to the council, which identifies the area, object, place or landscape as being of heritage significance to Aboriginal culture and people.

 

The amendments within this planning proposal are consistent with the requirements of this direction, particularly the proposed listing of the Macksville Post Office. The NLEP2010 contains provisions to address Heritage Areas and Items.

 

3       Housing, Infrastructure and Urban Development

 

Direction 3.1         Residential Zones

 

The objectives of this direction are:

 

a          to encourage a variety and choice of housing types to provide for existing and future housing needs,

b          to make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services, and

c        to minimise the impact of residential development on the environment and resource lands.

 

This direction applies when a council prepares a planning proposal that affects land within:

 

a          an existing or proposed residential zone (including the alteration of any existing residential zone boundary),

b          any other zone in which significant residential development is permitted or proposed to be permitted.

 

A planning proposal shall include provisions that encourage the provision of housing that will:

 

a        broaden the choice of building types and locations available in the housing market, and

b        make more efficient use of existing infrastructure and services, and

c          reduce the consumption of land for housing and associated urban development on the urban fringe, and

d        be of good design.

 

A planning proposal shall, in relation to land to which this direction applies:

 

a          contain a requirement that residential development is not permitted until land is adequately serviced (or arrangements satisfactory to the council, or other appropriate authority, have been made to service it), and

b        not contain provisions which will reduce the permissible residential density of land.

 

The amendments within this planning proposal are consistent with the requirements of this direction. Amendments under this proposal are proposed to implement housekeeping and policy amendments with residential zoned land in a number of areas.

 


Direction 3.4         Integrated Land Use and Transport

 

The objective of this direction is to ensure that urban structures, building forms, land use locations, development designs, subdivision and street layouts achieve the following planning objectives:

 

a        improving access to housing, jobs and services by walking, cycling and public transport, and

b        increasing the choice of available transport and reducing dependence on cars, and

c          reducing travel demand including the number of trips generated by development and the distances travelled, especially by car, and

d        supporting the efficient and viable operation of public transport services, and

e        providing for the efficient movement of freight.

 

This direction applies when a council prepares a planning proposal that creates, alters or removes a zone or a provision relating to urban land, including land zoned for residential, business, industrial, village or tourist purposes.

 

A planning proposal shall locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of:

 

a        Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and

b        The Right Place for Business and Services – Planning Policy (DUAP 2001).

 

The proposal does not propose to rezone areas rather it is implementing housekeeping and policy amendments. The additional of vehicle sales and hire premises to the IN1 zone is considered to be of minor significance.

 

 

4       Hazard and Risk

 

Direction 4.1         Acid Sulfate Soils

 

The objective of this direction is to avoid significant adverse environmental impacts from the use of land that has a probability of containing acid sulfate soils.

 

This direction applies when a council prepares a planning proposal that will apply to land having a probability of containing acid sulfate soils as shown on the Acid Sulfate Soils Planning Maps.

 

Council shall consider the Acid Sulfate Soils Planning Guidelines adopted by the Director-General of the Department of Planning when preparing a planning proposal that applies to any land identified on the Acid Sulfate Soils Planning Maps as having a probability of acid sulfate soils being present.

 

 

When a council is preparing a planning proposal to introduce provisions to regulate works in acid sulfate soils, those provisions shall be consistent with:

 

a          the Acid Sulfate Soils Model LEP in the Acid Sulfate Soils Planning Guidelines adopted by the Director-General, or

b          such other provisions provided by the Director-General of the Department of Planning that are consistent with the Acid Sulfate Soils Planning Guidelines.

 

A council shall not prepare a planning proposal that proposes an intensification of land uses on land identified as having a probability of containing acid sulfate soils on the Acid Sulfate Soils Planning Maps unless the council has considered an acid sulfate soils study assessing the appropriateness of the change of land use given the presence of acid sulfate soils. Council shall provide a copy of any such study with its statement to the Director-General of the Department of Planning under section 64 of the EP&A Act.

 

Where provisions referred to under paragraph (5) of this direction have not been introduced and council is preparing a planning proposal that proposes an intensification of land uses on land identified as having a probability of acid sulfate soils on the Acid Sulfate Soils Planning Maps, the planning proposal must contain provisions consistent with paragraph (5).

 


The following properties are indicated as being impacted by acid sulphate soils:

 

Thistle Park, Dudley Street, Macksville (Lot 12 Sec A DP 11590; Lot 1 DP 122896; Lot 1 DP 122897; Lot 1 DP 122898; Lot 7 Sec D DP 11590; Lot 6 Sec D DP 11590; Lot 5 Sec D DP 11590; Lot 4 Sec D DP 11590; Lot 1 DP 729696) – Classes 3 and 4

 

5 Beer Parade, Nambucca Heads, Lot 1 DP 541043 and Lot 9 Sec 27 DP 758749 – Class 5

 

Macksville Post Office, Cnr Cooper and River Streets, Macksville, Lot 1 DP 816339 – Classes 3 and 4

 

2 Fred Brain Avenue, Nambucca Heads, Lot 21 DP 1161807 – Class 4

 

24 Bellevue Drive & 10 McLennans Lane, North Macksville, Lot 5 DP 242819, Lot 9 DP 534177, Lot B DP 955417, Lot 1 DP 558086, Lot 1 DP 1063510 & Lot 412 DP 625737 – Classes 5, 3 and 2

 

Boronia Street, Nambucca Heads, Lot 701 DP 1054525 – Class 5

 

31 Tuna Street, Valla Beach, Lot 157 DP 755560 – Class 5

 

The amendments within this planning proposal are consistent with this direction and will result in better environmental protection with regard to acid sulphate soils.

 

Direction 4.3         Flood Prone Land

 

The objectives of this direction are:

 

a          to ensure that development of flood prone land is consistent with the NSW Government’s Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005, and

b          to ensure that the provisions of an LEP on flood prone land is commensurate with flood hazard and includes consideration of the potential flood impacts both on and off the subject land.

 

This direction applies when a council prepares a planning proposal that creates, removes or alters a zone or a provision that affects flood prone land.

 

A planning proposal shall include provisions that give effect to and are consistent with the NSW Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas).

 

A planning proposal shall not rezone land within the flood planning areas from Special Use, Special Purpose, Recreation, Rural or Environmental Protection Zones to a Residential, Business, Industrial, Special Use or Special Purpose Zone.

 

A planning proposal shall not contain provisions that apply to the flood planning areas which:

 

a        permit development in floodway areas,

b        permit development that will result in significant flood impacts to other properties,

c        permit a significant increase in the development of that land,

d          are likely to result in a substantially increased requirement for government spending on flood mitigation measures, infrastructure or services, or

e          permit development to be carried out without development consent except for the purposes of agriculture (not including dams, drainage canals, levees, buildings or structures in floodways or high hazard areas), roads or exempt development.

 

A planning proposal must not impose flood related development controls above the residential flood planning level for residential development on land, unless a council provides adequate justification for those controls to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General).

 

For the purposes of a planning proposal, a council must not determine a flood planning level that is inconsistent with the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas) unless a council provides adequate justification for the proposed departure from that Manual to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General).

 

The following lots are indicated as being flood-prone land:

 

Thistle Park, Dudley Street, Macksville (Lot 12 Sec A DP 11590; Lot 1 DP 122896; Lot 1 DP 122897; Lot 1 DP 122898; Lot 7 Sec D DP 11590; Lot 6 Sec D DP 11590; Lot 5 Sec D DP 11590; Lot 4 Sec D DP 11590; Lot 1 DP 729696)

 

5 Beer Parade, Nambucca Heads, Lot 1 DP 541043 and Lot 9 Sec 27 DP 758749

 

Macksville Post Office, Cnr Cooper and River Streets, Macksville, Lot 1 DP 816339

 

24 Bellevue Drive & 10 McLennans Lane, North Macksville, Lot 5 DP 242819, Lot 9 DP 534177, Lot B DP 955417, Lot 1 DP 558086, Lot 1 DP 1063510 & Lot 412 DP 625737

 

31 Tuna Street, Valla Beach, Lot 157 DP 755560

 

The planning proposal is consistent with this direction. The NLEP2010 contains provisions that address flooding.

 

Direction 4.4         Planning for Bushfire Protection

 

The objectives of this direction are:

 

a          to protect life, property and the environment from bush fire hazards, by discouraging the establishment of incompatible land uses in bush fire prone areas, and

b        to encourage sound management of bush fire prone areas.

 

This direction applies when a council prepares a planning proposal that affects, or is in proximity to land mapped as bushfire prone land.

 

In the preparation of a planning proposal a Council shall consult with the Commissioner of the NSW Rural Fire Service under section 62 of the EP&A Act, and take into account any comments so made.

 

A planning proposal shall:

 

a        have regard to Planning for Bushfire Protection 2006,

b        introduce controls that avoid placing inappropriate developments in hazardous areas, and

c        ensure that bushfire hazard reduction is not prohibited within the APZ.

 

A planning proposal shall, where development is proposed, comply with the following provisions, as appropriate:

 

a        provide an Asset Protection Zone (APZ) incorporating at a minimum:

i         an Inner Protection Area bounded by a perimeter road or reserve which circumscribes the hazard side of the land intended for development and has a building line consistent with the incorporation of an APZ, within the property, and

ii        an Outer Protection Area managed for hazard reduction and located on the bushland side of the perimeter road,

b          for infill development (that is development within an already subdivided area), where an appropriate APZ cannot be achieved, provide for an appropriate performance standard, in consultation with the NSW Rural Fire Service. If the provisions of the planning proposal permit Special Fire Protection Purposes (as defined under section 100B of the Rural Fires Act 1997), the APZ provisions must be complied with,

c          contain provisions for two-way access roads which links to perimeter roads and/or to fire trail networks,

d        contain provisions for adequate water supply for fire fighting purposes,

e        minimise the perimeter of the area of land interfacing the hazard which may be developed,

f        introduce controls on the placement of combustible materials in the Inner Protection Area.

 


The following lots are indicated as being bushfire-prone:

 

24 Bellevue Drive & 10 McLennans Lane, North Macksville, Lot 5 DP 242819, Lot 9 DP 534177, Lot B DP 955417, Lot 1 DP 558086, Lot 1 DP 1063510 & Lot 412 DP 625737

 

Boronia Street, Nambucca Heads, Lot 701 DP 1054525

 

Loftus Street, Nambucca Heads, Lot 470 DP 755550

 

Upper Buckrabendinni Road, Buckra Bendinni, Lot 1 DP 560614

 

31 Tuna Street, Valla Beach, Lot 157 DP 755560

 

The planning proposal is consistent with this direction.

 

 

5       Regional Planning

 

Direction 5.1         Implementation of Regional Strategies

 

The objective of this direction is to give legal effect to the vision, land use strategy, policies, outcomes and actions contained in regional strategies.

 

This direction applies to land to which the following regional strategies apply:

(a) Far North Coast Regional Strategy

(b) Lower Hunter Regional Strategy

(c) Illawarra Regional Strategy

(d) South Coast Regional Strategy

(e) Sydney–Canberra Corridor Regional Strategy

(f) Central Coast Regional Strategy, and

(g) Mid North Coast Regional Strategy

 

This direction applies when a relevant planning authority prepares a planning proposal.

 

Planning proposals must be consistent with a regional strategy released by the Minister for Planning.

 

A planning proposal may be inconsistent with the terms of this direction only if the relevant planning authority can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General), that the extent of inconsistency with the regional strategy:

(a) is of minor significance, and

(b) the planning proposal achieves the overall intent of the regional strategy and does not undermine the achievement of its vision, land use strategy, policies, outcomes or actions.

 

The planning proposal is consistent with this direction.

 

Direction 5.4         Commercial and Retail Development along the Pacific Highway, North Coast

 

The objectives for managing commercial and retail development along the Pacific Highway are:

(a) to protect the Pacific Highway’s function, that is to operate as the North Coast’s primary inter- and intra-regional road traffic route;

(b) to prevent inappropriate development fronting the highway;

(c) to protect public expenditure invested in the Pacific Highway;

(d) to protect and improve highway safety and highway efficiency;

(e) to provide for the food, vehicle service and rest needs of travellers on the highway; and

(f) to reinforce the role of retail and commercial development in town centres, where they can best serve the populations of the towns.

 

This Direction applies to those council areas on the North Coast that the Pacific Highway traverses, being those council areas between Port Stephens Shire Council and Tweed Shire Council, inclusive.

 

This Direction applies when a relevant planning authority prepares a planning proposal for land in the vicinity of the existing and/or proposed alignment of the Pacific Highway.

 

A planning proposal that applies to land located on “within town” segments of the Pacific Highway must provide that:

(a) new commercial or retail development must be concentrated within distinct centres rather than spread along the highway;

(b) development with frontage to the Pacific Highway must consider impact the development has on the safety and efficiency of the highway; and

(c) for the purposes of this paragraph, “within town” means areas which, prior to the draft local environmental plan, have an urban zone (eg: “village”, “residential”, “tourist”, “commercial”, “industrial”, etc) and where the Pacific Highway speed limit is less than 80km/hour.

 

A planning proposal that applies to land located on “out-of-town” segments of the Pacific Highway must provide that:

(a) new commercial or retail development must not be established near the Pacific Highway if this proximity would be inconsistent with the objectives of this Direction;

(b) development with frontage to the Pacific Highway must consider the impact the development has on the safety and efficiency of the highway; and

(c) for the purposes of this paragraph, “out-of-town” means areas which, prior to the draft local environmental plan, do not have an urban zone (eg: “village”, “residential”, “tourist”, “commercial”, “industrial”, etc) or are in areas where the Pacific Highway speed limit is 80km/hour or greater.

 

Notwithstanding the requirements of paragraphs (4) and (5), the establishment of highway service centres may be permitted at the localities listed in Table 1, provided that Roads and Maritime Services is satisfied that the highway service centre(s) can be safely and efficiently integrated into the Highway interchange(s) at those localities. For the purposes of this paragraph, a highway service centre has the same meaning as is contained in the Standard Instrument (Local Environmental Plans) Order 2006.

 

A planning proposal may be inconsistent with the terms of this Direction only if the relevant planning authority can satisfy the Secretary of the Department of Planning and Environment (or an officer of the Department nominated by the Secretary) that the provisions of the planning proposal that are inconsistent are of minor significance.

 

The planning proposal is consistent with this direction.

 

 

6       Local Plan Making

 

Direction 6.1         Approval and Referral Requirements

 

The objective of this direction is to ensure that LEP provisions encourage the efficient and appropriate assessment of development.

 

A planning proposal shall:

 

a          minimise the inclusion of provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, and

b          not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the council has obtained the approval of:

i         the appropriate Minister or public authority, and

ii        the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General),

prior to a certificate under section 65 of the Act being issued, and

c        not identify development as designated development unless the council:

i         can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that the class of development is likely to have a significant impact on the environment, and

ii        has obtained the approval of the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) prior to a certificate being issued under section 65 of the Environmental Planning and Assessment Act 1979.

 

This Planning Proposal does not require the implementation of any concurrence provisions. The planning proposal is consistent with this direction.

 

Direction 6.2         Reserving Land for Public Purposes

 

The objectives of this direction are:

 

a        to facilitate the provision of public services and facilities by reserving land for public purposes, and

b          to facilitate the removal of reservations of land for public purposes where the land is no longer required for acquisition.

 

A planning proposal shall not create, alter or reduce existing zonings or reservations of land for public purposes without the approval of the relevant public authority and the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General).

 

When a Minister or public authority requests a council to reserve land for a public purpose in a planning proposal and the land would be required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991, the council shall:

 

a        reserve the land in accordance with the request, and

b          include the land in a zone appropriate to its intended future use or a zone advised by the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General), and

c        identify the relevant acquiring authority for the land.

 

When a Minister or public authority requests a council to include provisions in a planning proposal relating to the use of any land reserved for a public purpose before that land is acquired, the council shall:

 

a        include the requested provisions, or

b          take such other action as advised by the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) with respect to the use of the land before it is acquired.

 

When a Minister or public authority requests a council to include provisions in a planning proposal to rezone and/or remove a reservation of any land that is reserved for public purposes because the land is no longer designated by that public authority for acquisition, the council shall rezone and/or remove the relevant reservation in accordance with the request.

 

A planning proposal may be inconsistent with the terms of this direction only if council can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that:

 

a          with respect to a request referred to in paragraph (7), that further information is required before appropriate planning controls for the land can be determined, or

b          the provisions of the planning proposal that are inconsistent with the terms of this direction are of minor significance.

 

This Planning Proposal is consistent with this direction

 

Direction 6.3         Site Specific Provisions

 

The objective of this direction is to discourage unnecessarily restrictive site specific planning controls.

 

This direction applies when a council prepares a planning proposal to allow a particular development to be carried out.

 

A planning proposal that amends another environmental planning instrument in order to allow a particular development proposal to be carried out shall either:

 

a        allow that land use to be carried out in the zone the land is situated on, or

b          rezone the site to an existing zone already applying in the environmental planning instrument that allows that land use without imposing any development standards or requirements in addition to those already contained in that zone, or

c          allow that land use on the relevant land without imposing any development standards or requirements in addition to those already contained in the principal environmental planning instrument being amended.

 

A planning proposal shall not contain or refer to drawings that show details of the development proposal.

 

The planning proposal is consistent with this direction.


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


 


 


 


 


 


 


 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


 


 


 


 


 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


 


 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


 


 


 


 


 


 


 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


 


 


 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


 


 


 


 


 


 


 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


Ordinary Council Meeting - 24 November 2016

Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                            24 November 2016

General Manager's Report

ITEM 9.5      SF2173            241116         Development Applications greater than 12 months or where submissions received - 2 November to 14 November 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 the 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

 

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

STATUS: To be determined by JRPP on 23 November 2016.

 

 

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: To be determined by JRPP on 23 November 2016.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2016/147

5 September 2016

Telecommunications Facility

Lot: 28 DP: 1048659, Vernon Street Scotts Head (Buz Brazel Park)

29 opposing submissions, two late supporting submissions and four late opposing submissions have been received

·           Too close to the Yarning Circle and other parts of the park where people relax

·           The proposed fence is divisive and aggressive

·           It is too close to the school – health and safety concerns from exposure to radiation

·           Not enough community consultation

·           Incompatible land use

·           Proposed screening is not sufficient

·           Unsuitable visual impact

·           Another site should be used instead – Gumma or Yarrahapinni

·           Properties will be devalued

·           Will impact on mental health of those who live nearby

·           Information in SEE is incorrect – pole is not screened, the vegetation to the east is not dense, there is no vegetation to the north.

·           Will disturb the habitat of the glossy black cockatoo and other wildlife

·           4G data and voice already available in Scotts Head

·           Emf information appears to be incorrect

·           Submission period shouldn’t be in the school holidays.

·           Department of Education believes Council should adopt their policy of “prudent avoidance” and have the tower relocated further away from the school

 

Supporting submission:

·           Incorrect information is being circulated around the community

·           Better mobile phone reception would be a positive for the community

STATUS: Being assessed by Bellingen Shire Council.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            24 November 2016

General Manager's Report

ITEM 9.6      SF135              241116         Regional State of the Environment Report 2016

 

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

 

Summary:

 

The Local Government Act 1993 requires a comprehensive State of the Environment (SoE)  report every 4 years (in the year of an ordinary election).  The report has produced on a regional basis North Coast Region State of the Environment Report Working Group of which Nambucca Shire Council is a member.  An interim report was presented to the last meeting of the previous elected Council.  It is now recommended that current Council endorse the final report.  The report is the condensed version - the version to be placed on the Council website will have the same content but will have additional images and improved presentation, that version of the report was too large to attach to the Council agenda. The condensed version of the report will be attached to the Nambucca Shire Council 2016 Annual Report.

 

 

 

Recommendation:

 

That Council endorse the Regional State of the Environment Report 2016.

 

 

OPTIONS:

 

No options are presented.

 

DISCUSSION:

 

SoE reporting is a requirement for local government under the Local Government Act 1993. Amendments to the Act in 2009 altered the reporting schedule and structure, requiring a comprehensive SoE report every 4 years (in the year of an ordinary election). The SoE reports are part of the NSW Government Integrated Planning and Reporting (IP&R) framework. This framework guides each council’s strategic planning and reporting, and requires the creation of a community strategic plan which incorporates environmental objectives among other things. Therefore this Regional SoE meets the reporting requirements of the IP&R framework and provides environmental benchmarks which councils and natural resource managers can use for better decision-making.

 

The Local Government Act 1993 encourages regional reporting as it provides not just an isolated assessment of an area with an arbitrary administrative boundary (a council area) but a catchment and regional picture incorporating a range of environmental features. It also encourages collaborations, which allow broad scale projects to be implemented with better regional outcomes, and assists with management of shared resources, particularly rivers and areas of special ecological significance.

 

The Regional SoE Report Project partnership is between the Northern Rivers CMA and participating general councils and county councils in the Northern Rivers CMA Region NSW Government agencies are also involved in the project providing expertise and data. Involved agencies include Department of Premier and Cabinet, Division of Local Government, Office of Environment and Heritage, Department of Primary Industries, Department of Lands, NSW Office of Water, Ministry of Health, and the Food Authority.

 

Participating councils are:

·      Ballina Shire Council

·      Bellingen Shire Council

·      Byron Shire Council

·      Clarence Valley Council

·      Coffs Harbour City Council

·      Kempsey Shire Council

·      Kyogle Shire Council

·      Lismore City Council

·      Nambucca Shire Council

·      Port Macquarie – Hastings Council

·      Richmond Valley Council

·      Tweed Shire Council

·      Far North Coast Weeds

·      Richmond River County Council

·      Rous Water

 

The objectives of the Regional SoE include:

·      To provide a common set of themes and indicators that report on meaningful trends in environmental health at a regional scale over time, with a shift in the emphasis towards indicators of natural resource condition rather than pressure and response.

·      To enhance data gathering, sharing, assessment and publication processes across all stakeholders and reporting frameworks.

·      To integrate, align and standardise local, regional and state reporting processes such as NSW SoE, state of the catchments and regional natural resource management (NRM) prioritisation and investment processes.

·      To develop a broader, more inclusive framework that captures more NRM programs and stakeholders.

·      To provide a more accessible and meaningful report for community and decision-makers on the condition of the local environment and where resources are best placed to respond to community expectations.

·      To reduce duplication of resources in SoE and NRM reporting.

·      To link regional priorities and targets via the new ‘Northern Rivers CMA Catchment Action Plan 2013–23’ and the environmental component of local government community strategic plans.

 

The report is presented as four environmental themes, these are:

1.       People and the Environment

2.       Biodiversity and Vegetation

3.       Land and Soils

4.       Water.

 

These themes were selected as they are compatible with the State-wide standard and targets established by the Natural Resources Commission (NRC 2005), the body that guides NRM and monitoring, evaluation and reporting in NSW. Each theme contains a number of resource categories which each have indicators and measures. There are 16 resource categories in total. Indicators relate to condition, pressure or response.

 

 

CONSULTATION:

 

All Councils and members of the RSOE group

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The report is on the state of the Nambucca Shire’s, and other Council's within the northern rivers regions environment.

 


Social

 

The report is designed for the community to read and understand what the state of the environment is like in their Shire in contrast with regional areas with clear remediation actions.

 

Economic

 

There is no economic assessment.

 

Risk

 

No risk identified.

 

 

Attachments:

1

40628/2016 - Regional State of the Environment 2016 - FINAL v1.0

 

  


Ordinary Council Meeting - 24 November 2016

Regional State of the Environment Report 2016

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Ordinary Council Meeting                                                                                            24 November 2016

Assistant General Manager Corporate Services Report

ITEM 10.1    SF134              241116         Nambucca Shire Council Annual Report 2015-2016

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

In accordance with the Local Government Act 1993, Council is required to prepare an annual report within 5 months of the end of each year. The annual report must address the Council’s actual performance against its original projected performance of its principal activities outlined in its adopted Management Plan.

 

The report is a large document and for reason of practicality it has been posted to Council’s web site in draft form and be viewed at the Council and Engagement tab - Compliance Policies and Reporting. It covers the period 1 July 2015 to 30 June 2016.

 

Once adopted by Council the Annual Report will replace the Draft Annual Report on Council’s website and the Minister for Local Government will be notified.  The Annual Report must have annexed to it the Audited Statements.

 

 

Recommendation:

 

That Council note the completion of the 2015/2016 Annual Report and that the 2015/2016 Annual Report will be placed on Council’s website and advice be forwarded to the Minister for Local Government as required.

 

 

 

OPTIONS:

 

There are no options as Council must place the Annual Report on its website and advise the Minister by 30 November 2016.

 

 

DISCUSSION:

 

Council must prepare its Annual Report within 5 months of the end of the financial year and advise the Minister for Local Government.  The report is to include as an annexure, the Audited Statements.

 

The Annual Report has now been completed in accordance with the Act and will be placed on Council’s website and advice extended to the Minister for Local Government by 30 November 2016.

 

 

CONSULTATION:

 

All responsible officers within Nambucca Shire Council

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues associated with this report.

 

Social

 

There are no social issues associated with this report.

 

 

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There are no risks associated with this report as it has been completed within the prescribed time limits outlined in the Local Government Act.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Not Applicable

 

Source of fund and any variance to working funds

 

Not Applicable

 

Service level changes and resourcing/staff implications

 

Not Applicable

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            24 November 2016

Assistant General Manager Corporate Services Report

ITEM 10.2    SF2242            241116         September 2016 Budget Review

 

AUTHOR/ENQUIRIES:    Craig Doolan, Manager Financial Services         

 

Summary:

 

General Fund:               This review revises the net operating result for 2016/17 to a deficit of $128,200 and varies Current Liquid Equity to $2,751,000, a decline of $142,000 since the Original Budget.

                                     

Council’s estimated Current Liquid Equity position (available working capital at year end) is healthy at approximately $1,500,000 above the minimum level as per Council’s policy.

 

 

Water Supplies:             This review revises the net operating result for 2016/17 to a surplus of $30,000 and varies Current Liquid Equity to $2,961,800, a decline of $7,400 since the Original Budget.

 

Council’s estimated Current Liquid Equity position (available working capital at year end) is strong at approximately $1,800,000 above the minimum level as per Council’s policy.

 

 

Sewerage Services:       This review revises the net operating result for 2016/17 to a deficit of $2,300 and varies Current Liquid Equity to $2,977,800, an decline of $10,000 to the Original Budget.

 

Council’s estimated Current Liquid Equity position (available working capital at year end) is strong at approximately $2,200,000 above the minimum level as per Council’s policy.

 

The circularised budget review document includes, as variances, amounts required to match unexpected income/expenditure items plus resolved inclusions to the budget. Items varying $5,000 or more are briefly discussed commencing page 2 and referenced to the page no. in the budget review document. Significant variations influencing the result are discussed further in this report. On page 4 of the document is a summary of Council’s Cash and Investments (cash reserves). Restricted reserves and unrestricted cash are presented with the movements of these reserves for the 2016/17 year as at the 30 September 2016. Also on page 4 is a statement of the YTD expenditure associated with consultancies and legal expenses. It should be noted that these expenses are incorporated in the budget. The contracts register as per Government Information (Public Access) Act 2009 is presented on pages 5-10 of the budget review document.

 

 

 

Recommendation:

 

1    That the budget review for the quarter ended 30 September 2016 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2016/2017.

 

 

 

OPTIONS:

 

Not Applicable

 

 

DISCUSSION:

 

 

GENERAL ACTIVITIES

 

The summary of current liquid equity is on page 1 of the Budget Review document. The estimated net current liquid equity surplus is $2,751,000 inclusive of internal loans.

 

The original 2016/17 budget forecast a net operating surplus of $13,800. Items revoted from 2015/16 amounted to $1,163,500. The balance of internal loans borrowed from current liquid equity was $1,513,500. This review sees a $142,000 decline in the 16/17 result.

 

As per Council’s resolution at its 28th July meeting, a variance of $154,000 and $80,000 for Bradley’s Bridge and Coleman’s Bridge respectfully have been included along with $195,000 ($175,000 funded from Plant   Replacement Reserve) for a new tipping truck. Also, Council’s commitment of the $12,000 contribution to NSW Cricket for the purchase of a mower at Thistle Park has been included with this review. The $25,000 receipt for the purchase of the gym equipment at the Aquatic Centre by the contractor as mentioned in the June 2016 Budget Review has also been included with this review.

 

A budget of $27,000 for compliance levy revenue, $14,000 for user charges applicable to the Macksville Senior Citizens Centre, and $14,000 for rental of industrial land at Nambucca Heads are included with this review after they missed inclusion in the original budget. Revenue from the original budget for OSSM annual charges was underestimated and has been revised up by $63,000.

 

Council’s Financial Assistance Grant (FAG) budget was reduced by $12,000 ($13,000 general purpose component and $1,000 increase in the roads component) after confirmation of the actual allocation was received from the Grants Commission.  

 

Council was successful with a grant of $55,000 for the Valla Industrial Plan which partly offsets the $70,000 included in the original budget. Sale of lots 13/14 at Nambucca Heads Industrial Estate netted $300,000. Both revenue items have contributed to reduce the deficit in the Land Development Reserve.

 

The voluntary redundancy and future contract costs totalling $33,000 in relation to the departure of Council’s Drainage Inspector are included and primarily offset by the savings to salaries of $28,000. Council’s workers compensation premium estimate has required an increase of $52,000 after an increase in claims since an estimate by the insurer was provided in January. The increase will be oncosted to jobs.

 

Domestic Waste services numbers have increased since the original budget and a variance of $25,000 is required. Also, Domestic Waste and Other Waste surplus reserves have been utilised to fund the reimbursement of expenses carried by Coffs Harbour City Council for waste to landfill levies over the previous three financial years. Council has only recently been invoiced for the outstanding amounts and the 15/16 year has been included in the current budget with payment of the 13/14 & 14/15 to be considered with the 2017/18 draft budget.

 

 

WATER SUPPLIES

 

Water Supplies estimated current liquid equity surplus is $2,961,800.

 

The original 2016/17 budget forecast a net operating surplus of $37,400. Items revoted from 2015/16 amounted to $50,000. This review sees a $7,400 decline in the 16/17 result.

 

Apart from the increase in Section 64 Developer Contributions and subsequent transfer to the reserve relating to the Nambucca Heads Service Centre, there were no major variations.

 

SEWERAGE SERVICES

 

Sewerage Services estimated current liquid equity surplus is $2,977,800.

 

The original 2016/17 budget forecast a net operating surplus of $7,700. Items revoted from 2015/16 amounted to $122,000. This review sees a $10,000 decline in the 16/17 result.

 

An increase of $20,000 in the estimate for access charges has been included but was offset by the need to replace, upgrade and maintain pump station switchboards as a cost effective option due to two having safety concerns.

 

Section 64 Contributions variance was also required in Sewerage in relation to the Service Centre.

 

 

CONSULTATION:

 

General Manager

Assistant General Managers

Responsible Officers

Accountant

 

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable.

 

 

FINANCIAL IMPLICATIONS:

 

Refer to discussion.

 

 

Attachments:

1

 - Circularised document - Budget Review

 

  


Ordinary Council Meeting - 24 November 2016

September 2016 Budget Review

 

 

 

 

 

 

 

 

Placeholder for CIRCULARISED DOCUMENT

 

 

 

September 2016 Budget Review

 

 

 

 

 


Ordinary Council Meeting                                                                                            24 November 2016

Assistant General Manager Corporate Services Report

ITEM 10.3    SF2230            241116         Investment Report To 31 October 2016

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2016 to 30 June 2017 is $1,013,500.

 

The budget allocation for the financial year “2016/17” was $876,100.

 

Council currently has $32.470 Million invested:

 

·           $   5.997        Million with Managed Funds,

·           $   1.930        Million with On Call Accounts

·           $ 20.543         Million on Term Deposits

·           $   4.000        Million with Floating Rate Notes

 

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

 

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

 

 

 

C P Doolan

Responsible Accounting Officer

 

 

 

Recommendation:

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

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

 

 

CONSULTATION:

 

CPG Research & Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

Risk

 

That Council may not meet its budget returns for 2016/2017 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2016/2017 will be completed with the September 2016 Budget Review and CPG Research & Advisory will provide Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

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

 

Service level changes and resourcing/staff implications

 

Not applicable

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                            24 November 2016

Assistant General Manager Corporate Services Report

ITEM 10.4    SF338              241116         Tewinga Community Centre Annual General Meeting - Minutes 22 October 2016

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Tewinga Community Centre Committee of Management which was held on 22 October 2016 and the new Committee.  A copy of the minutes of this meeting attached.

 

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Tewinga Community Centre’s Annual General Meeting held on 22 October 2016 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Tewinga Community Centre’s Committee of Management was held on Saturday 22 October 2016.

 

The Committee of Management for 2016/2017 comprises:

 

President                                           Steve Ryan

Vice President                                    Frank Stennett

Secretary                                           Margaret Duffus

Treasurer                                            Margaret Duffus

 

 

CONSULTATION:

 

There was no consultation

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

This report poses no risk to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

 

 

Attachments:

1

39195/2016 - Minutes of AGM - 22 October 2016

 

  


Ordinary Council Meeting - 24 November 2016

Tewinga Community Centre Annual General Meeting - Minutes 22 October 2016

 

TEWINGA COMMUNITY CENTRE ANNUAL GENERAL MEETING (2016)

 

Saturday 22nd October 2016

Meeting Opened: 2:10pm at Tewinga Community Centre.

 

Present: (Councillor) John Wilson, Frank Stennett, Jean Stennett, Margaret Duffus,

Steve Ryan,

 

Apologies: Steve Schmidt

Minutes read by Margaret Duffus. Accepted:  Frank  Stennett. Seconded  Steve Ryan

 

Presidents Report

Steve Ryan gave verbal report on:

·    Identified Camphor Laurel trees removed.

·    Lockage box installed for tennis court fee payments

·    Banner purchased & to be placed on court fencing facing Rodeo Drive

·    Facebook & website, including court booking requests

·    2NVR to schedule TCC promo as a community service announcement

·    Nambucca Lions donated 11 wooden trestle tables

·    Theresa Boorer, NSC Grants Officer, seeking funding opportunities

·    Setting of fees & charges for hall hire. Moved Margaret Duffus. Seconded Jean Stennett CARRIED

$50 (up to 3 hours)

$10 thereafter                                       

$ 5.00 per hour  for Tennis Court hire

·    Future community focus activities

Summer twilight food & music

Market stall

 

Treasurers Report

Balance at 2015 AGM          $  2703.77

Income                                 $    462.29

Interest                                  $        6.87

Expenditure                          $  1689.70

Current  Balance                   $  1483.23

 

MOTION: treasurer’s report, as tabled, be accepted. Moved: Steve Ryan. Seconded: Frank  Stennett CARRIED

MOTION: with the closure of Commonwealth Bank, Macksville that TCC change all banking business to BCU with 3 signatories. Moved: Steve Ryan. Seconded: Frank  Stennett CARRIED

 

Election of Officers

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

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

President - Steve Ryan was nominated by Frank Stennett & seconded Jean Stennett. ACCEPTED

Vice President  - Frank Stennett was nominated by Steve Ryan & seconded by Margaret Duffus ACCEPTED

Secretary - Margaret Duffus was nominated by Steve Ryan and & seconded Jean Stennett. ACCEPTED

Treasurer - Margaret Duffus was nominated by Steve Ryan and & seconded Jean Stennett. ACCEPTED

 

The President to arrange for an account at BCU be opened & all 3 cheque signatories be updated. The Treasurer retains the right of electronic access to the Tewinga Hall Committee Account for BAS reporting purposes to Nambucca Shire Council each month.

 

Meeting Closed: 2:50pm (and followed by Ordinary Meeting)

Minutes recorded by Margaret Duffus                             


Ordinary Council Meeting                                                                                            24 November 2016

Corporate Services

ITEM 10.5    SF251              241116         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.

 

 

 

MEETING

DATE

VENUE

COMMENCING

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 Hall

5.30 PM

2017

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

12 January

Council Chambers

5.30 PM

Ordinary Council Meeting

26 January

Australia Day Public Holiday

Ordinary Council Meeting

9 February

Council Chambers

5.30 PM

Ordinary Council Meeting

23 February

Council Chambers

5.30 PM

Ordinary Council Meeting

16 March

Council Chambers

5.30 PM

Ordinary Council Meeting

30 March

Council Chambers

5.30 PM

Ordinary Council Meeting

13 April

Council Chambers

5.30 PM

Ordinary Council Meeting

27 April

Council Chambers

5.30 PM

Ordinary Council Meeting

11 May

Council Chambers

5.30 PM

Ordinary Council Meeting

25 May

Council Chambers

5.30 PM

Ordinary Council Meeting

15 June

Council Chambers

5.30 PM

Ordinary Council Meeting

29 June

Council Chambers

5.30 PM

 

Note:   Departure times to off-site meetings have been added.

Note:   Meetings at the Rural Halls commence with light refreshments at 5.00 pm.

 

 

 

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                            24 November 2016

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1676            241116         Capital Works Report - September 2016

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets; Simon Chapman, Civic Services Coordinator; Matthew Leibrandt, Manager Infrastructure Services; Keith Williams, Manager Technical Services; Terri Brown, Engineering Support Officer; Richard Spain, Manager Water and Sewerage         

 

Summary:

 

This report provides Council with a quarterly report on the Capital Works Program for the first quarter of the 2016/2017 financial year with expenditure YTD week ending 11 November 2016.

 

 

Recommendation:

 

1        That the Capital Works Report for the first quarter of the 2016/17 financial year ending 30 September 2016 and expenditure YTD week ending 11 November 2016 be received and noted.

 

2        That Council endorse the amendment to the plant replacement program to include the option for the purchase of a new truck and chassis only to replace plant No 5138, the refurbishment of the truck body currently on plant No 5138 and the purchase of a chassis mounted water tank to increase the water tank capacity for works and the expenditure is to be contained with the budget that was approved

 

 

OPTIONS:

 

Receive the report.

 

 

DISCUSSION:

 

Comments from Assistant General Manager Engineering Services:

 

Weather has generally proved favourable with the delivery of the works program in the first quarter of this financial year.

 

Revotes for 2015/16 financial year

 

The progress of the capital works has been reported to Council through the September, December, March and June capital QBR reports with Council advised of anticipated revotes required to be carried forward in the 2016/17 financial year through the reports. The revotes have been placed in the 2016/17 budgets and are programed for completion in the second and third quarter of the financial year.

 

THE CAPITAL WORKS REPORT IS PRESENTED FOR THE PERIOD ENDING 30 SEPTEMBER 2016:

 

This current review reflects the first quarter of the 2016/17 financial year with expenditure reported to 30 September 2016.

 

Bridge Program

 

Council is presently undertaking level two bridge inspections focused on all bridges identified for replacement in the next five year bridge replacement program as well the bridges constructed during the 1980’s, due to their potential shortened life cycle.

 

There is substantial amount of bridge timber bought in advance of works because of the lead time required to get appropriate timber girders and piles. Council is converting to concrete structures and these timbers will be used in future maintenance works following the program that will be developed from the level two inspections. Wherever feasible, staff has been recovering old bridge components to get timber that we can recycle and use in the parks as bollards. Timber was recently provided to the Nambucca Rotary Club who crafted two table and chair units for Rotary look out.

 

The bridge program is progressing well and will be completed this financial year.

 

Description

 Budget

 Actual

 OnCost

 Committed

 Total

 % Spent

 Remaining

Comment

Bridge Reconstruction

Colemans

$80,000

Note #2 COMPLETED in June 2015/16

Lovedays

18614.69

1379.84

7932.54

27927.07

0

0

Completed - Completion carry over into 16/17

Bakers Creek

529100

533986

14036.72

707.82

548730.5

1.04

-19630.5

Completed -side track materials to be credited

Boat Harbour

474000

492781.1

12719.04

36925

542425.1

1.14

-68425.1

Completed -side track materials to be credited

Degraas

105000

48916.32

1128.74

0

50045.06

0.48

54954.94

Completed -composite bridge constructed  - approaches to be completed.

Browns

271000

0

0

45778.19

45778.19

0.17

225221.8

Under negotiation with property owner

Mc Hughes creek No2

250000

10500

0

0

10500

0.04

239500

Design in progress - programed for mid 2017

Jack Gorleys

125000

61.54

0

33650.01

33711.55

0.27

91288.45

Materials ordered - composite bridge to be constructed prior to Xmas

Little Broughys

250000

0

0

0

0

0

250000

Design in progress - programed for mid 2017

Garretts No2

105000

0

0

0

0

0

105000

In progress - awaiting design programed for mid 2017

Flood damage   - APRIL/MAY2015 event-Item

404000

9821

0

135085.5

259093.5

0.358679

144906.5

Note #1  In Progress – design received programed

Bradleys and side

for mid 2017 ($250k flood damage)

 

Note #1        Bradleys Bridge - Council allocated an additional amount of $154,000 within the 2016/17 financial year as a “betterment component” to build a concrete structure

 

Note #2        Colemans Bridge allocated an amount of $80,000 within the 2016/17 financial year from working funds

 

 

Road Works:

 

The capital road works program is progressing well and will be completed this financial year. There is a report accompany this business paper to award a contract for works on the Bowraville/ Bellingen Road for the remediation of landslips caused in 2009 from a severe storm event which has effectively closed the road until now.

 

Changes to the conditions for natural disaster funding does not allow for Council day labour to be used for the remediation works, however the funding provided for the Bowraville/ Bellingen Road is a once off payment to open the road to facilitate emergency access and Council day labour are now eligible to do the road pavement works. The road works have now been scheduled into the capital works program in addition to the adopted program to coincide with the capital rehabilitation works on the Bellingen Road adjoining Blackberry Lane.

 

The Roads to Recovery programme was again doubled this year; however this was not announced until after the budget adoption. In accordance with the adopted road rehabilitation program the additional funding of $702,994 was allocated to works on Scotts Head Road from Grassy Head Road through to Scotts Head ($397,250). These works were recently completed.

 

Additional work will be undertaken on Scotts Head Road (currently being designed) with the remaining allocation ($305,000) to reconstruct a significantly poor section of the pavement between 6.16km to 6.96km east of the Pacific Highway. Works are scheduled to commence on Gumma Road in mid-November and the construction team will then return to Scotts head Road once the design has been finalised,

 

Work will commence on the capital rehabilitation works on the Bellingen Road adjoining Blackberry Lane in the third quarter of the financial year.

 

Unsealed Road Maintenance - The gravel re-sheeting program is in progress and will be completed within this financial year The gravel mix has been further refined with a view to securing an appropriate source of gravel at a specification that provides long term performance on our road network. The trial sections have held up quite well under traffic to date and have not fretted as is the case with the standard gravel received from the quarries.

 

Description

Budget

Actual

On Cost

Total

% Spent

Remaining

Comments

Rural Rds Rehabilitation

Bellingen Road

$350,000.00

$0.00

$0.00

$0.00

0.00%

$350,000.00

Programmed

Rural Rds Reshseeting

Graces Road - 2016/17 Budget

$211,500.00

$65,360.16

$3,198.96

$68,559.12

32.40%

$142,940.88

In Progress

Balance Tank Rd

$27,500.00

$16,794.75

$478.84

$17,273.59

62.80%

$10,226.41

In Progress

Browns Crossing Rd

$96,000.00

$0.00

$0.00

$0.00

0.00%

$96,000.00

Programmed

Brush Box Rd

$10,000.00

$0.00

$0.00

$0.00

0.00%

$10,000.00

Programmed

Cocckburns Lane

$10,500.00

$0.00

$0.00

$0.00

0.00%

$10,500.00

Programmed

Congarinni Road North

$68,500.00

$0.00

$0.00

$0.00

0.00%

$68,500.00

Programmed

Cow Creek Road

$24,300.00

$17,005.52

$1,021.33

$18,026.85

74.20%

$6,273.15

In Progress

Cowins Road

$7,500.00

$4,606.82

$352.75

$4,959.57

66.10%

$2,540.43

In Progress

Dyers Loop Road

$100,700.00

$0.00

$0.00

$0.00

0.00%

$100,700.00

Programmed

Gordons Knob Road

$35,900.00

$24,812.06

$473.10

$25,285.16

70.40%

$10,614.84

In Progress

Wallbridge Road

$32,200.00

$0.00

$0.00

$0.00

0.00%

$32,200.00

Programmed

 

 

April 2015 flood event:

 

Council’s natural disaster funding for the flood event that occurred in April 2015 was approved and reported to Council. The value of the claim was $1,883,500.00. The program was split over two financial years with the major landslip remedial works programmed for this financial year. These works will be advertised for tender once the designs are received an shall be completed within this financial year.

 

June 2016 flood event:

 

Council’s natural disaster funding application for the flood event that occurred in June 2016 is still being assessed by the RMS and will be reported to Council once the assessment and offer for funding is provided. In the interim some works have been granted approval from the RMS to facilitate access to the April 2015 sites and undertake geotechnical investigation,

 

Miscellaneous Works:

 

Main Beach: The upgrades to Main Beach Nambucca Heads access improvements and beach remediation are in progress

 

Adin Street drainage and footpath work: The drainage works associated with the Adin Street detention basin have been subject to change from external parties over the past two years, however at the time of preparing this report the detention basin has been constructed and vegetation planting programmed.

 

The detention basin and drainage works are funded by the Crown via a private works arrangement to which an invoice will generated to the Crown for payment in the 2016/17 financial year. A revote is not necessary for this project.

 

Disposal of Council owned surplus materials - Council staff have been instructed that surplus material will not be sold directly to the general public as the disposal of any surplus equipment or materials must be sold in a safe condition and must comply with Work Health and Safety requirements and Workcover Code of Practice.

 

Suitable reclaimed bridge materials are being stored for reuse in Council parks and reserves. Where feasible, consideration is being given to the reuse of materials rather than waste.

 

PLANT REPLACEMENT 2016/17:

 

The Following vehicles have been replaced as part of the 2016/17 program:

 

·      Manager Financial Services

·      Manager Assets

·      Manager Development and Environment

·      Manager Business Services

·      Senior Planner

·      Structures Co-ordinator

·      Water and Sewerage Engineer

·      Trailer

·      Bitumen Utility

·      Water Utility

·      Bridges Utility

 

Resale values of the Holden Captiva’s have been disappointing and well below the expected trade budget, however purchases under the newly adopted NSW State Government’s Procurepoint Motor Vehicle Prequalification Scheme has seen the majority of purchase prices below budget.

 

Below is a table highlighting the costs of the completed vehicle replacements to date:

 

Plant No

Budgeted Amount

Estimated Trade

Actual Purchase

Actual Trade

Changeover Over/Under

5534

$   30,500

$   12,000

$   28,207

$   9,140

-$            568

5514

$   30,500

$   12,000

$   29,097

$   9,944

-$            653

5681

$   30,500

$   12,000

$   26,719

$   6,217

-$         2,003

5745

$   30,500

$   12,000

$   29,075

$ 15,044

 $         4,469

5553

$   30,500

$   15,000

$   27,583

$   7,671

-$         4,412

5812

$   29,000

Leased

$   32,020

$        - 

-$         3,020

New Utility

$   40,000

No trade

$   37,738

$        - 

 $         2,263

5641

$   30,500

Leased

$   28,651

$        - 

 $         7,849

New Trailer

$   35,000

No trade

$   33,367

$        - 

 $         1,633

New Utility

$   35,000

No trade

$   30,874

$        - 

 $         4,126

5624

$   30,500

$   10,000

$   26,719

$   6,990

 $            770

Totals

$ 358,500

$   73,000

$ 330,050

 $ 55,005

 $       10,455

 

There are four light vehicles currently being replaced and two to be completed in early 2017.  The remaining plant items awaiting replacement are all heavy vehicles and machinery.

 

Green Space mower and slasher replacement - As reported to Council in February 2016, a review is in progress for the operations undertaken within the Green Space Services to ascertain the areas that are maintained or could potentially be planted out with native species to minimise mowing and slashing. Until this is completed the purchase of machinery (mowers and slashers) where placed on hold in order to also consider newer types of mowers that are now available on the market. Whilst the review is still in progress, it has been identified that the parks trailer that was planned for purchase this financial year may no longer be required as there is a sewerage plant trailer available which could be used to increase its utilisation.  It is anticipated that the funds for the trailer will be reassigned to the purchase of the new tractors and mowers if required and this will be reported to Council in due course.

 

Water tank and truck - At its meeting 28 April 2016 Council resolved to retain plant 5138 Isuzu tipping truck to allow its conversion to a water cart, by purchasing a 10,000 litre plastic slide-on water tank. The fleet replacement budget program for the 2016/2017 year also included $200,000 for the purchase of a tipping truck and body and excluded the trading in plant 5138 as would normally occur.

 

After researching the intended use of the water cart and having trialled a 10,000 litre slide on tank for the past twelve months, we have come to the realisation that a larger capacity tank would be more suitable for our maintenance grading requirements due to the distances required to travel to water draw points. By increasing the capacity of the tank to 13,000 litres we will save approximately one third of our travel time and reduce waiting times for the maintenance grading team. To achieve a larger capacity tank, a fixed tank is required making the tipper body redundant and increasing the purchase price of the tank by $15,000.

 

To ensure we remain within budget and obtain a desired outcome in efficiencies, two options for the supply of the new truck have been investigated by staff.

 

·   The first and optimal option would be the purchase of the new truck and body in conjunction with the new 13,000 litre tank but this would result in a shortfall within budget made up with the sale of the old body.

 

·   The second option is that the old body from plant 5138 be refurbished and reused on the new truck instead of purchasing a new body with the new truck.

 

The best option will be ascertained once prices for the supply of the new truck and body are received and the purchases are to be contained to the existing adopted budget.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

Manager Water and Sewerage

Manager Technical Services

Manager Assets

Civic Services Coordinator

Engineering Services Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues associated with this report.

 

Social

 

There are no social issues associated with this report.

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There is no risk issues associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be a minor impact on the current budget with the forecasted revotes.

 

Source of fund and any variance to working funds

 

Sources of funds are across a various range of functions.

 

Service level changes and resourcing/staff implications

 

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

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                            24 November 2016

Assistant General Manager Engineering Services Report

ITEM 11.2    SF991              241116         Tender REGPR0181617 Supply and Delivery of Domestic Water Meters

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services; Richard Spain, Manager Water and Sewerage         

 

Summary:

 

Regional Procurement conducted a single source open tender for the supply and delivery of domestic water meters for participating Hunter and Mid North Coast member Councils in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

 

A tender is required if the expense of the purchase of products may exceed the statutory tender limit of $150,000 over the term of the contract. In this case the expenditure is not anticipated to exceed the limit but reflects a better economical outcome on the unit purchase price based on quantity of units associated with a regionally focused tender.

 

Tenders closed at 10.00am on 4 October 2016.

 

 

Recommendation:

 

1        That Council award the contract for the supply and delivery of domestic water meters as a single source tender for the period 1 January 2017 to 31 December 2018 to Elster Metering Pty Ltd;

 

2        That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 31 December 2019;

 

3        That Council endorse the tender evaluation as provided in the confidential report for the supply and delivery of domestic water meters single source tender; and

 

4        That Council update the Contract Register (TRIM: 31325/2016).

 

 

OPTIONS:

 

1        Accept the recommended Tender

2        Accept any Tender

3        Not accept any Tender

 

 

DISCUSSION:

 

As a result of discussions with participating Hunter and Mid North Coast member Councils regarding their requirements for the supply and delivery of domestic water meters, Regional Procurement® called an open single source tender which closed at 10.00am on 4 October 2016.

 

Further information is contained in the confidential report as per Section 10A(2) (d) of the Local Government Act pertaining to Commercial In Confidence.

 

The following councils signed a letter of participation for this tender:

 

·      Nambucca Shire Council

·      Kempsey Shire Council

·      Bellingen Shire Council (Panel)

·      Mid Coast Water

·      Upper Hunter Shire Council

·      Coffs Harbour City Council

·      Mid Western Regional Council

·      Port Macquarie Hastings Council

·      Muswellbrook Shire Council

·      Singleton Council

 

The tender was advertised in the following media:

 

·      Tenderlink on 13 September 2016;

·      Sydney Morning Herald on 13 September 2016;

·      Coffs Coast Advocate on 17 September 2016; and

·      Newcastle Herald on 17 September 2016.

 

Two (2) tenders in total were received from:

 

·      Elster Metering Pty Ltd

·      All Value Industries Pty Ltd

 

Probity:

 

The tender has been conducted in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

 

Conflict of interest declarations were signed by all participating evaluation panel members including the Regional Procurement® facilitator. The declarations are available to be viewed if required.

 

All tenderer insurance records were checked against tender requirements and potential non-conformities were noted in the evaluation matrix for the consideration of the panel.

 

The evaluation was conducted in accordance with the Local Government Tendering Guidelines, Regional Procurement® Tendering Code of Conduct and Tendering Evaluation Principles and Process. Confidentiality and probity were maintained throughout the process.

 

Tender Evaluation:

 

The tender evaluation was conducted on 31 October 2016 via electronic means by:

 

·      Kempsey Shire Council

·      Bellingen Shire Council

·      Singleton Council (withdrew from the evaluation process due to other commitments)

·      Facilitator: Mark Kentish

 

Methodology:

 

The % weightings and criteria were agreed upon prior to the tender closing.

 

The evaluation result were determined by:

 

·      Adding the total value of all items together to determine the lowest overall price.

 

·      The lowest overall amount was awarded the full criteria % for each category

 

·      Each subsequent total $ value was then divided into the lowest total amount to obtain a score.

 

·      Other evaluation criteria was evaluated based on the following factors:

 

Ø If the tenderer provided the required evidence to meet the benchmark, eg: ISO 9001:2008 certificate and QMS document contents page, the Evaluation Panel awarded full marks (5) for that category.

 

Ø If the tenderer provided partial evidence to meet the benchmark, eg: provided a QMS document contents page but they are not ISO certified, the Panel determined a lower score between 2-4, subject to the evidence in front of them.

 

Ø If the tenderer failed to meet the benchmark completely, eg: they demonstrated no ability to meet the criteria and did not provide any evidence, the Panel awarded 0 points to the tenderer for that evaluation criteria.

 

·      Each Tenderer’s referees score was calculated by adding the total scores obtained from the Tenderer’s three nominated referees (each totalling up to 25 points) and dividing this total by the maximum possible score of 75, then multiplying this number by the allocated matrix weighting value (eg 5%).

 

Note:

 

No late tenders were received.

 

All tenderers had been noted as active on the ASIC website.

 

No tenders were deemed non-compliant.

 

Contract Price Variations:

 

Refer to Clause 3.4 of the Deed of Agreement.