NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

16 March 2017

 

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 members of the public to address it on matters not listed in the agenda provided the request is received before publication of the agenda (registration to speak may be made by telephone or in person before 2.00 pm on a meeting day) 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.

 

Where the subject matter concerns an on-going complaint which has been the subject of previous investigation by Council staff and/or external bodies such as the NSW Ombudsman, the General Manager in consultation with the Mayor will decide on whether or not the person will be allowed to speak in the public forum.

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.  You must treat others with respect at all times.”

 

 

Meeting Agenda

 

These are available Council’s website: www.nambucca.nsw.gov.au

 

 

 


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 16 March 2017

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER – Capt Steve Dorman, The Salvation Army                                                                                                                                                   

3        DISCLOSURE OF INTEREST

4        Notices of Rescission

6.1     Notice of Rescission - Item 9.7 Rural Land Use Conflicts - Horticulture (Council Meeting 23 February 2017)............................................................................................................................. 20  

 

5        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 23 February 2017................................................................................ 7

6        NOTICES OF MOTION

5.1     Notice of Motion – Cr Hoban - Locality Signs for the Village of Taylors Arm...................... 17

5.2     Notice of Motion – Cr John Wilson - Request for Leave of Absence from 1-23 April 2017... 18

5.3     Notice of Motion – Cr Anne Smyth - Request for Leave of Absence from 14 April to 10 May 2017..................................................................................................................................... 19

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

13.1   Notice of Motion for Closed Meeting - Replacement of Browns Bridge, Sadlers Lane, Taylors Arm

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.

 

7        PUBLIC FORUM

i)           Mr Peter Gill - Roadside Rubbish, Pacific Highway And Giinagay Way

ii)          Mr Peter Sobey - - Highway Noise on behalf of Valla Beach Community Association

 

8        ASKING OF QUESTIONS WITH NOTICE   

9        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

10      General Manager Report

10.1   Outstanding Actions and Reports.................................................................................... 22

10.2   Gordon Park Rainforest Committee of Management - Concern about Damage Caused by Flying Fox and Request for an On-Site Meeting................................................................................ 29

10.3   Gumma Swamp Land Dedication..................................................................................... 32

10.4   DA2016/236 - Markets - Lot 3 DP 1202794, Adin Street Reserve, Adin Street, Scotts Head. 38

10.5   Use of Adin Street Reserve (Village Green) Scotts Head for Markets................................. 54

10.6   Proposed Accredited Visitor Information Centre for Macksville......................................... 60

10.7   New Tourism Website..................................................................................................... 62

10.8   Proposed Lease Nambucca Valley Visitor Information Centre........................................... 65

10.9   2017 February - Development and Complying Development Applications Received........... 90

10.10  2017 February - Approved Construction and Complying Development Certificates............. 94

10.11  Council Ranger's Report January and February 2017....................................................... 100

10.12  Development Applications greater than 12 months or where submissions received - 16 February 2017 to 9 March 2017................................................................................................................ 105

10.13  Modification of DA2014/198 - Proposed 26 Lot Subdivision at Lot42 DP711098 Old Coast Road, North Macksville.................................................................................................................... 108

11      Assistant General Manager Corporate Services Report

11.1   Cash Management and Investment Options.................................................................... 147

11.2   Avoiding Investments with the Commonwealth Bank to Protest the Closure of the Mackville Branch..................................................................................................................................... 157

11.3   Investment Report to 28 February 2017.......................................................................... 174

11.4   Schedule of Council Public Meetings 2017..................................................................... 179

11.5   Unkya Reserve Committee of Management - Minutes of Annual General Meeting - 1 September 2016.................................................................................................................................... 180

11.6   Crosswinds Wetland Nature Reserve Committee of Management - Dissolution of Committee 188

11.7   Request for Donating all the Proceeds from the Sale of the Impounded Cattle to the Steve Wood Muster.......................................................................................................................... 197

12      Assistant General Manager Engineering Services Report

12.1   Proposed change to 4WD access area from Swimming Creek, Hyland Park to Deep Creek Footbridge at Valla Beach South..................................................................................................... 199

12.2   Surf Life Saving Report - March 2017............................................................................. 202

12.3   Report to Council - Minutes - Vehicular Access to Beaches Committee - 10 February 2017 224

12.4   Adoption of Pressure Sewerage Policy.......................................................................... 231

12.5   Request for a Temporary Road Closure - Scotts Head Food and Wine Festival................ 269    

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

13.1   Notice of Motion for Closed Meeting - Replacement of Browns Bridge, Sadlers Lane, Taylors Arm

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.

13.2   Expressions of Interest in Voluntary Redundancies

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.

13.3   Organisation Review - Water and Sewer Section

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

  

            a      Questions raised by Councillors at 9 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

14      MEETING CLOSED TO THE PUBLIC

15      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 23 February 2017

The following document is the minutes of the Ordinary Council meeting held 23 February 2017.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 16 March 2017 and therefore subject to change.  Please refer to the minutes of 16 March 2017 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Brian Finlayson

Cr Martin Ballangarry OAM

Cr David Jones

Cr Susan Jenvey

Cr Anne Smyth

Cr Janine Reed

Cr John Wilson

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr John Ainsworth, Deputy Mayor

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor M Ballangarry OAM declared a non-pecuniary less significant conflict of interest in Item 9.2 Native Title Application - Gumbaynggirr People #3 under the Local Government Act as Cr Ballangarry is a member of the Gumbaynggirr People. 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 9 February 2017

 

68/17 RESOLVED: (Smyth/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 9 February 2017 be confirmed subject to the following corrections:

 

Cr Wilson advised that on:

i)        Page 7 Cr Reed's disclosure of interest should read, "…..  Mid North Coast Local Health….."

ii)       Page 11 Item 9.9, the Delegations should read, "That Item 9.9 be brought forward as Mrs Searle and her mother, Mrs Coombs are in the gallery and would like to address Council…."

iii)      Page 17 Item 11.8 the resolution number 2 should read, "….small non-contestable sites….".

 

 

 

 

PUBLIC FORUM AND DELEGATIONS

 

RECOMMENDATION:

 

That the following PUBLIC FORUMS be heard:

 

i)        Ms Kerry Grace CEO Regional Development Aust Mid North Coast - Regional Development

          Australia Mid North Coast – Presentation on the Draft Regional Plan and the Direction in 2017

 

ii)       Mrs Ilse Noble - Renaming of South Arm Bridge

 

That the following DELEGATIONS  be heard:

 

9.3     Proposed Evelyn Greenup Memorial – James Park

i)        Ms Michelle Jarrett—supporting the recommendations

ii)       Ms Kerry Grace—supporting the recommendations

 

9.7     Rural Land Use Conflicts - Horticulture

i)        Ms Jane Cooper—local farmer

 

 

PUBLIC FORUMS

 

1        Ms Kerry Grace presented Council with a PowerPoint presentation in regard to the Draft Regional Plan and the Direction in 2017.

 

 

2        Mrs Ilse Noble addressed Council reading from speaking notes which are on file Trim SF1208.

 

69/17 Resolved: (Hoban/Reed)

 

That Council receive a report and recommendation regarding the request to rename Kelseys Bridge with Mrs Noble to be advised of the meeting date.

 

 

DELEGATIONS

 

Ms Michelle Jarrett addressed Council making the following points:

·    Ms Jarrett is Evelyn Greenup's aunty

·    Supporting the James Park memorial

·    Evelyn loved the outdoors and James Park was a special place for her

·    The vision is for the memorial to be a place of remembrance

·    It will bring reconciliation and peace to the community

·    Hope to get school children involved

·    Mosaics, garden for kids, to maintain and beautify, reflect

·    Can guarantee that Park and memorial will be respected

·    Knew Mr and Mrs James who were well respected in the community

 

Ms Kerry Grace addressed Council making the following points:

·    Speaking as community member, land owner and 5th generation Bowraville resident

·    Has done much work in Bowraville as a consultant

·    Can see where programs are required in Bowraville

·    Park will be a beautiful gateway for visitors

·    Will be for whole community

·    Community will be proud of the memorial


 

 


ITEM 9.3      PRF33                230217      Proposed Evelyn Greenup Memorial - James Park

Motion:      (Ballangarry/Reed)

 

1        That Council request the Department of Education (Aboriginal Affairs) to provide the required additional $15,000 in funding for the proposed Evelyn Greenup memorial.

 

2        Following the finalisation of the funding for the project, that Council seek feedback from adjoining and adjacent property owners in relation to the proposed concept plan.

 

3        That the matter be further reported to Council once the required additional funding has been secured and following consultation with adjoining property owners but before any further work is undertaken.

 

4        That Council advise the Department of Education (Aboriginal Affairs) that Council will provide ongoing maintenance of the memorial and James Park to ensure that it remains a respectful place for reflection and reconciliation.

 

5        That if the Department of Education (Aboriginal Affairs) does not provide the funding this be reported to Council for further consideration.

 

Amendment:       (Jenvey/Smyth)

 

That in a sign of good faith Council puts forward another $5,000 to be taken from Council’s current liquid equity and leave $10,000 from the Department of Education (Aboriginal Affairs).

 

The vote on the amendment was tied with four for and four against.  The elected not to use a casting vote which meant the amendment was lost.

 

70/17 RESOLVED: (Ballangarry/Reed)

 

1        That Council request the Department of Education (Aboriginal Affairs) to provide the required additional $15,000 in funding for the proposed Evelyn Greenup memorial.

 

2        Following the finalisation of the funding for the project, that Council seek feedback from adjoining and adjacent property owners in relation to the proposed concept plan.

 

3        That the matter be further reported to Council once the required additional funding has been secured and following consultation with adjoining property owners but before any further work is undertaken.

 

4        That Council advise the Department of Education (Aboriginal Affairs) that Council will provide ongoing maintenance of the memorial and James Park to ensure that it remains a respectful place for reflection and reconciliation.

 

5        That if the Department of Education (Aboriginal Affairs) does not provide the funding this be reported to Council for further consideration.

 

 

 

DELEGATIONS continued

 

Ms Jane Cooper addressed Council making the following points:

·    Could Council take into account what has been witnessed by blueberry grower such as concerns regarding irrigation licence

·    Access to pump and site is on Ms Cooper’s property

·    The Department of Primary Industry (DPI)-Water informed them of the conditions of the licence

·    Blueberry growers were advised by DPI-Water to put in a dam, creek water could be used in dry time

·    Dam was put in, letting water drain into the dam from the reservoir

·    Water levels in Deep Creek have dropped and water at Sullivans Creek is only a trickle and water has turned brown

·    The blueberry growers have used their paddocks with no respect for the land and livestock

·    What are other farmers to do when no water is left for their livestock

·    The blueberry farmers show no respect for others

·    Local farmers rely on Deep Creek is water source for their cattle

·    Have asked DPI-Water to investigate non-compliance by the blueberry growers

·    Council to request these people to have respect for the other farmers in the area

·    The blueberry growers are in breach of their licence

 

ITEM 9.7      SF1541              230217      Rural Land Use Conflicts - Horticulture

Motion:      (Finlayson/Smyth)

 

1        Pursuant to the section 55 of the Environmental Planning and Assessment Act 1979, Council staff prepare a planning proposal to support an amendment to the Nambucca Local Environmental Plan 2010 which removes ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential zone and relocate it to ‘permitted with consent’.

 

2        That Council staff forward the planning proposal to the Minister for gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979.

 

3        Following the community consultation period, the planning proposal must be reported back to Council for consideration of any submissions received and to determine if Council is to proceed with the proposal.

 

Amendment:       (Jenvey/Smyth)

 

That this matter be deferred for further consultation with horticulturalists and the Department of Planning and Environment in relation to intensive horticulture.

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

 

71/17 Resolved: (Jenvey/Smyth)

 

That this matter be deferred for further consultation with horticulturalists and the Department of Planning and Environment in relation to intensive horticulture.

 

For the motion:               Councillors Wilson, Ballangarry, Jenvey, Smyth, Finlayson, Reed and Jones                               (Total 7)

Against the motion:         Councillor Hoban   (Total 1)

 

 

 

72/17 Resolved: (Reed/Smyth)

 

That Item 9.14 be brought forward.

 

 

ITEM 9.14    PRF69                230217      Future of Welsh Pioneer Park, Welshs Creek Road, Talarm

73/17 RESOLVED: (Smyth/Jenvey)

 

1        That Council advise the Talarm Hall Committee of Management and advertise its intention in the local media to revert the Welsh Pioneer Park at Talarm to a natural reserve unless a volunteer committee of management to undertake the maintenance of the reserve is forthcoming.

 

2        That there be a further report to Council following a 1 month notification period during which time proposals for volunteer management can be put forward.

 

 

 

74/17 Resolved: (Jenvey/Reed)

 

That Item 9.10 be brought forward as Council staff were in the gallery to answer questions.

 

ITEM 9.10    SF854                230217      Report on Library Services, Library Committee and Strategic Plan

75/17 RESOLVED: (Jenvey/Smyth)

 

1        That Council note the report from the State Library of NSW.

 

2        That Council note the limitations of the current sites.

 

3        That Council establish a Library Service Strategic Plan Committee comprised of three Councillors with a view to preparing a Library Strategic Plan, which will incorporate a review of the Library staffing structure. 

 

4        That Council endorse the draft Library Service Strategic Plan Committee’s Terms of Reference.

 

5        That Council allocate $20,000 from its Working Funds for a consultant to undertake the development of a Library Strategic Plan.

 

6.       That Councillors Smyth, Jones and Jenvey be the nominated Councillors to participate on the Committee.

 

 

 

76/17 Resolved: (Reed/Jenvey)

 

That Item 9.11 be brought forward as Council staff were in the gallery to answer questions.

 


 

ITEM 9.11    SF1398              230217      Community Builders Funding Future - Department of Family and Community Service Targeted Earlier Intervention Reform

Motion:      (Jenvey/Wilson)

 

That Council note the information regarding the Department of Family and Community Service funding reform including the possibility that Community Builders funding agreements conclude 30 June 2017 and beyond that is not known at this stage.

 

Amendment:       (Jenvey/Ballangarry)

 

1        That Council note the information regarding the Department of Family and Community Service funding reform including the possibility that Community Builders funding agreements conclude 30 June 2017 and beyond that is not known at this stage.

 

2        That Council align itself with the Department of Family and Community Services directives for working with the most disadvantaged in targeted groups.

 

The amendment was LOST.

The motion was put and it was:

 

77/17 Resolved: (Jenvey/Wilson)

 

That Council note the information regarding the Department of Family and Community Service funding reform including the possibility that Community Builders Funding Agreements conclude 30 June 2017 and beyond that is not known at this stage.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

 

General Manager Report

 

ITEM 9.1      SF959                230217      Outstanding Actions and Reports

78/17 RESOLVED: (Finlayson/Reed)

 

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

 

 

 

ITEM 9.2      SF621                230217      Native Title Application - Gumbaynggirr People #3

79/17 RESOLVED: (Finlayson/Reed)

 

That Council advise the National Native Title Tribunal that it does not wish to be a party to the Native Title Determination Application NSD1350/2016, NC2016/003 and known as Gumbaynggirr People #3.

 

 

 

Item 9.3 was dealt with under Delegations.

 

 

 

ITEM 9.4      SF842                230217      Establishment of a Business Advisory Committee

80/17 RESOLVED: (Reed/Jenvey)

 

1           That Council establish an Advisory Committee to assist businesses within the Nambucca to prepare for the Highway by pass and to identify future opportunities.

 

2           The Committee be comprised of members from the broader business community and two Councillors, one of whom is to act as Chair.

 

3           That Council advertise for expressions of interest from the broader business community, including but not limited to: members of the public, tourism, Chambers of Commerce, agriculture, horticulture, event organisers and facilities, industrial and manufacturing, retail and service provision, clubs, sporting and lifestyle facilities.

 

4        That Draft Terms of Reference be prepared including purpose, activities, membership, frequency of meetings and term.

 

 

ITEM 9.5      PRF14                230217      Future of Brook Park, Nambucca Heads

81/17 RESOLVED: (Jones/Jenvey)

 

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

 

ITEM 9.6      SF2305              230217      Public Forums

82/17 RESOLVED: (Smyth/Reed)

 

That Council adopt the proposed changes to the public forum arrangements as shown on the second page of this report.

 

 

Item 9.7 was dealt with under Delegations.

 

 

ITEM 9.8      SF688                230217      Environmental Levy - December Quarterly Report

83/17 RESOLVED: (Jones/Ballangarry)

 

That Council note the progress of Environmental Levy Projects.

 

 

 


ITEM 9.9      SF2293              230217      Development Applications greater than 12 months or where submissions received - 2 February 2017 to 15 February 2017

84/17 RESOLVED: (Reed/Wilson)

 

That the information be noted by Council.

 

 

Item 9.10 was dealt with earlier.

 

 

Item 9.11 was dealt with earlier.

 

 

 

ITEM 9.12    SF2293              230217      2017 January - Development and Complying Development Applications Received

85/17 RESOLVED: (Smyth/Jenvey)

 

That the Development Applications and Complying Development Applications received in January 2017 be received for information.

 

 

 

ITEM 9.13    SF2293              230217      2017 January - Approved Construction and Complying Development Certificates

86/17 RESOLVED: (Wilson/Ballangarry)

 

That the Construction and Complying Development Certificates approved for January 2017 be noted and received for information by Council.

 

 

 

Item 9.14 was dealt with earlier.

 

 


 

ITEM 9.15    SF2243              230217      December 2016 Budget Review

87/17 RESOLVED: (Finlayson/Reed)

 

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

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2016/2017.

 

3        That Council purchase the LG Solutions Year End Template ‘GL Auto Update’ package at a cost of $12,000.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2230              230217      Investment Report to 31 January 2017

88/17 RESOLVED: (Reed/Ballangarry)

 

That the Accountants’ Report on Investments placed to 31 January 2017 be noted.

 

 

 

ITEM 10.2    SF251                230217      Schedule of Council Public Meetings 2017

89/17 RESOLVED: (Reed/Wilson)

 

That the schedule of dates for public Council meetings in 2017 be noted and received for information by Council.

 

 

 

ITEM 10.3    SF342                230217      Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 6 February 2017

90/17 RESOLVED: (Jenvey/Ballangarry)

 

That Council endorse the Valla Beach Tennis Courts Committee of Management’s minutes of the Annual General Meeting held on 6 February 2017 and thank the outgoing Committee for their work in the past twelve months.

 

 

ITEM 10.4    SF1897              230217      Scotts Head Events Committee of Management AGM - 24 October 2016 - Minutes and Financial Statement

91/17 RESOLVED: (Reed/Wilson)

 

That Council endorse minutes for the Scotts Head Events Committee of Management’s Annual General Meeting held on 24 October 2016.

 

 

Assistant General Manager Corporate Services Report – LATE

 

ITEM 10.5    SF25                  230217      Gordon Park Tennis Centre Committee of Management - Request for Reimbursement of Construction Certificate

92/17 RESOLVED: (Smyth/Reed)

 

That Council reimburse the Construction Certificate Application fee of $1769.21 from the 2017/2018 Donations Budget.

 

 


 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1676              230217      Capital Works Report - December 2016

93/17 RESOLVED: (Finlayson/Ballangarry)

 

1        That the Capital Works Report for the second quarter of the 2016/17 financial year ending 31 December 2016 and expenditure YTD week ending 30 January 2017 be received and noted.

 

2        That Council allocate an amount of $50,000 from sewer reserves in the 2016/17 financial year for the purchase of a pipe inspection camera.

 

3        That Council endorse the variations to the budget allocations as outlined within the water and sewerage section.

 

4        That Council reduce the allocation on WO 2743 Graces Road gravel re-sheet program by $48,000.00 and include an additional capital works for WO 2840 Taylors Arm Road for $48,000.00.

 

5        That Council place the allocation of $271,000.00 for Browns Bridge into a bridge reserve for funding towards the 2017/18 bridge replacement program.

 

6        That Council reallocate the amount of $10,500.00 on WO 2747 Ridge Street Nambucca Heads to the next urban street identified for a reseal.

 

7        That Council reallocate the funding of $30,000 from the 2016/17 budget for the planned purchase of a Parks and Gardens trailer which is no longer required, to go towards the purchase of two (2) tractors and two (2) out front mowers for the Green Space Team.

 

 

 


ITEM 11.2    SF90                  230217      Nambucca Shire Traffic Committee Meeting Minutes - 7 February 2017

94/17 RESOLVED: (Smyth/Wilson)

 

1        That the Nambucca Local Traffic Committee recommends that Council install signs reinforcing the NO STOPPING restrictions at the intersection of Vernon, Ocean and Matthew Streets, Scotts Head and extend the NO STOPPING ZONE further into Matthew Street.

 

2        The Nambucca Local Traffic Committee recommends that Council install four (4) x 15 minute parking spaces outside the front of Tinks & Stihl Shop (southern side of River Street east).

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

95/17 RESOLVED: (Wilson/Reed)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 


 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    ICF48                 230217      Legal Matter - Statement of Claim

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 8.31 pm.

 

 

RESUME IN OPEN MEETING

 

96/17 RESOLVED: (Ballangarry/Reed)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.38 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    ICF48                 230217      Legal Matter - Statement of Claim

97/17 RESOLVED: (Finlayson/Reed)

 

That the information concerning the legal matter be received.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.38 pm. 

 

Confirmed and signed by the Mayor on 16 March 2017.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

    


Ordinary Council Meeting                                                                                                  16 March 2017

Notice of Motion

ITEM 5.1      SF2303            160317         Notice of Motion - Locality Signs for the Village of Taylors Arm

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

At a recent meeting at Taylors Arm on another matter a number of residents raised their disappointment that other towns and villages have locality signs at their approaches.  They pointed out that in some instances there are signs denoting a general locality where there isn't even a village or cluster of housing and asked why the village of Taylor's Arm isn't afforded the same recognition.

 

 

Recommendation:

 

That Council provide locality signs at the village of Taylors Arm.

 

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  16 March 2017

Notice of Motion

ITEM 5.2      SF2303            160317         Notice of Motion - Cr John Wilson - Request for Leave of Absence from 1 April to 23 April 2017

 

AUTHOR/ENQUIRIES:    John Wilson, Councillor         

 

Summary:

 

I request leave for the period Saturday 1 April to Sunday 23 April 2017, inclusive.

 

 

Recommendation:

 

That Cr John Wilson be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 1 April to 23 April 2017, inclusive, for personal reasons.

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  16 March 2017

Notice of Motion

ITEM 5.3      SF2303            160317         Notice of Motion – Cr Anne Smyth - Request for Leave of Absence from 14 April to 10 May 2017

 

AUTHOR/ENQUIRIES:    Anne Smyth, Councillor         

 

Summary:

 

I request leave for the period Friday 14 April 2017 to Wednesday 10 May 2017, inclusive, for personal reasons.

 

 

Recommendation:

 

That Cr Anne Smyth is granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 14 April 2017 to 10 May 2017, inclusive.

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  16 March 2017

Notice of Rescission

ITEM 6.1      SF794              160317         Notice of Rescission - Item 9.7 Rural Land Use Conflicts - Horticulture (Council Meeting 23 February 2017)

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager; Brian Finlayson, Councillor         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That the resolution passed by Council in relation to Item 9.7 – Rural Land Use Conflicts of Councils agenda for the meeting held 23 February 2017 be rescinded.

 

 

 

DISCUSSION:

 

The rescission motion is attached.

 

The rescission motion refers to the following resolution:

 

“That this matter be deferred for further consultation with horticulturalists and the Department of Planning and Environment in relation to intensive horticulture.”

 

The recommendation from Council staff in relation to the matter was as follows:

 

1        Pursuant to the section 55 of the Environmental Planning and Assessment Act 1979, Council staff prepare a planning proposal to support an amendment to the Nambucca Local Environmental Plan 2010 which removes ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential zone and relocate it to ‘permitted with consent’.

 

2        That Council staff forward the planning proposal to the Minister for gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979.

 

3        Following the community consultation period, the planning proposal must be reported back to Council for consideration of any submissions received and to determine if Council is to proceed with the proposal.

 

 

Attachments:

1

7116/2017 - Rescission Motion

 

  


Ordinary Council Meeting - 16 March 2017

Notice of Rescission - Item 9.7 Rural Land Use Conflicts - Horticulture (Council Meeting 23 February 2017)

 

     


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager

ITEM 10.1    SF959              160317         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.

 

The study and plan are on public exhibition until 3 February 2017.  There will be drop in sessions in River Street, Macksville from 9.30am to 12pm on 14 December and also at the Nambucca Entertainment Centre between 1pm and 3.30pm on 14 December.

 

The study and plan will come off exhibition on 3 February 2017.  It is anticipated that they will be reported to a March Council meeting.

 


 

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.

 

DECEMBER 2013

 

3

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.

 

7/3/17 – discussed with AGMES – awaiting IT to provide a report from Authority which identifies all capital expenditure items.

 

 

MARCH 2015

 

4

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.

 

Representatives of Bellingen and Nambucca Councils have met with the CEO of the RMS to discuss the issue.  Amongst other matters, the RMS is to investigate a whole of government response to the impact on councils Fit for the Future performance ratio that these asset handovers will generate.

 

Further meeting with the CEO of the RMS scheduled for 27 February 2017. Will also be making representations to the new Minister for Roads.

 

Updated report provided in Business Paper

 

AUGUST 2015

 

5

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

 

6

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

 

7

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.

 

 


 

AUGUST 2016

8

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.

OCTOBER 2016

9

SF2251

13/10/16

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

 

GM

Report in March 2017

NOVEMBER 2016

10

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

DECEMBER 2016

11

SF1540

15/12/16

Council enquire with the RMS as to what action is being taken in relation to noise complaints from Valla and Valla Beach residents and secondly whether or not the RMS is reviewing proposed noise mitigation on the WC2NH section of highway.

 

GM

Letter sent to RMS on 20/12/2016

12

LF1547

15/12/16

That Council receive a brief report as to whether there has been any investigation as to the potential for the land (Gumma Swamp) being dedicated to interested environmental groups such as Wetland Care Australia before reconsidering the (dedication) proposal.

 

GM

Awaiting response from the Nature Conservation Council.  Report to Council in February or March 2017.

13

SF2172

15/12/16

That Council’s engineering staff investigate appropriate locations for dump points for RV’s at Macksville, Nambucca Heads and Bowraville and provide a report back to the Access Committee.

 

AGMES

Report back to Access Committee in February 2017.

 

9 March 2017 - Water and Sewerage Manager  provided a report to the Manager Community Development  TRIM record 635/2017 .

Report recognised that the dump point needed to be in a highly visible location. Macksville was considered as the primary location for a dump point located at the aquatic centre

 

14

SF842

15/12/16

Council invite Bellingen Shire Council to be part of this (Clean Energy) Committee in order to take advantage of potential resource sharing on future projects, and further if the response is positive, Council forward a copy of the draft terms of reference for consideration.

 

GM

Letter sent to Bellingen Shire Council w/e 6/1/2017.  Followed up with General Manager on 27/2/2017

 

7/3/17 - It is suggested that NSC proceed independently.

 

Report to this meeting

15

SF2195

15/12/16

That a report be submitted to a future Council advising of the outcome of negotiations in relation to the damages claim of $156,242 for the World Rally event.

 

AGMES

Report by March 2017.

 

Invoice and supporting documentation was sent to Rally Australia prior to 23 December 2016.

 

13 Feb February – Rally Australia disputing the claim and a meeting has been organised for March

 

2/3/17 – GM, AGMES, Manager Assets, met with Rally Australia representatives.  Rally Australia (RA) advised they did not budget for the $156K claim; and would be forwarding a letter stating this and offering their budgeted amount.  They also stated that the World Rally proposal for 2017 would only utilise the Nambucca stage and that the previous stages held at Bakers Creek and Valla would not be held in 2017.  This means that the use of Shire roads by World Rally would be approximately 1/3 of 2016.  The matter will be reported to Council following receipt of RA’s letter.

 

JANUARY 2017

16

PRF19

12/01/17

Response from Illawong Village re trusteeship of Crown land at McMorrine Park.

 

GM

Letter sent 18 January 2017.

 

Followup letter sent

17

SF2208

12/01/17

Council engage a qualified person to undertake an assessment of flora and fauna on Lot 701 Boronia Street, Nambucca Heads to determine impact of required APZ’s.

 

GM

Report May 2017

18

SF1134

12/01/17

There be a further report to Council when there has been some substantive progress in the matter (Council land behind NEOC) or in 6 months’ time, whichever occurs first.

 

GM

Report July 2017

19

SF1635

12/01/17

Following referral to the Consultative Committee recommendations to make offers of voluntary redundancy be reported to Council as a variation to the organisation structure.

 

GM

Report in March 2017

20

SF2080

12/01/17

A new report be submitted to a future Council meeting, once a final figure for the maintenance diary (Highway handover) has been determined.

 

AGMES

Dependent on RMS.  Report by July 2017.

FEBRUARY 2017

21

SF617

9/02/17

Council make representations to MIDROC and JO re lobbying retailers and the NSW Government for legislation and other action to discourage single use plastic shopping bags.  Council also make similar representations to the Min. for Environment and Member for Oxley.

 

GM

Letters sent 14/02/2017

 

1/03/2017 – acknowledgement from Member for Oxley that she has noted Council’s representations and will keep them in mind during discussions with colleagues.

 22

DA 2016/236

9/02/17

That the DA for markets on the Town Green (Adin St), Scotts Head be deferred to 16/3/17

 

GM

Report to Council on 16/3/2017

23

DA 2001/096

9/02/17

Council seek confirmation from the quarry re implementation of annual audit report recommendations & to be reported to the next Council meeting.

 

GM

Letter sent to quarry consultant on 13/2/17

 

Followup letter sent

24

SF988

9/02/17

Representations re a new Macksville Hospital on a green fields site.

 

GM

Letters sent to RMS, Health Infrastructure, and Police on 13/02/2017

25

SF1031

9/02/17

Council receive a further report at the completion of the exhibition period with a view to endorsing the Policy for Trees and Street Gardens etc.

 

AGMES

13 February - Report to be provided to Council in April

26

SF1031

9/02/17

Council investigate the feasibility of a Habitat Heroes Program similar to the ones running in some Victorian Councils.

 

AGMES

13 February - Report to be provided to Council in April

 

27

SF818

9/02/17

Council staff discuss determination by DPI – Water re Bowra Dam licence variation with a view to either requesting a review of the determination or a submission of a new proposal to amend the licence etc.  There be a further report to Council on the preferred course of action.

 

AGMES

13 February - Report to be provided to Council in May

28

SF2094

9/02/17

Council defer the sale of its land at Hyland Park and investigate the cost of undertaking the development itself.

 

GM

Amos & McDonald to be engaged to review development consent (subdivision plan) and following that to prepare a project budget for consideration by Council.

29

 

23/02/17

Council receive a report and recommendation regarding the request to rename Kelseys bridge with Mrs Noble to be advised of the meeting date.

 

AGMES

Report to meeting in April 2017

30

SF1541

23/02/17

Rural land use conflicts – horticulture – the matter be deferred for further consultation with horticulturalists the Dept. of Planning & Environment in relation to intensive horticulture.

 

GM

24/2/17 - notice received of a rescission motion.

31

PRF69

23/02/17

Council advertise its intention to revert the Welsh Pioneer Park to a natural reserve unless a volunteer CoM to undertake the maintenance of the reserve is forthcoming.

 

GM

27/2/17 - report late April or May 2017.

32

SF854

23/02/17

Council establish a Library Service Strategic Plan Committee & allocate $20,000 for a consultant to prepare the plan.

 

GM

27/2/2017 – first meeting of committee to be convened to discuss brief and procurement of a consultant.

33

SF842

23/02/17

Establishment of a Business Advisory Committee

 

GM

28/2/17 - Letters to stakeholders and newspaper advertisements re eliciting expressions of interest sent out.

7/3/17 – steady stream of EOI being received

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager's Report

ITEM 10.2    PRF28              160317         Gordon Park Rainforest Committee of Management - Concern about Damage Caused by Flying Fox and Request for an On-Site Meeting

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That the information concerning the site inspection of the Gordon Park rainforest be received.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

 

DISCUSSION:

 

Council has received the attached letter from the Gordon Park Rainforest Committee of Management.

 

The letter is self-explanatory.

 

As the letter requests, a site inspection has been arranged for the afternoon of this Council meeting. 

 

Leaving the Council Chambers at 3.35pm to be on-site by 4.00pm

 

 

CONSULTATION:

 

There has been consultation with Council’s Coordinator Strategic Planning and Natural Resources.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The purpose of the inspection is to view the flying fox camp and its impacts.

 

Social

 

The social implications of the flying fox camp have been previously reported on.

 

Economic

 

There are no significant economic implications arising out of this report.

 

Risk

 

There are no identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no additional budgetary impacts.  The Council has received a grant to assist in undertaking the preparation of a management plan for the flying fox colony.

 

Source of fund and any variance to working funds

 

This report has no impact on working funds.

 

Service level changes and resourcing/staff implications

 

This report has no service level implications.

 

Attachments:

1

7803/2017 - Gordon Park Rainforest CoM - request for meeting

 

  


Ordinary Council Meeting - 16 March 2017

Gordon Park Rainforest Committee of Management - Concern about Damage Caused by Flying Fox and Request for an On-Site Meeting

 

                                                     Gordon Park Rainforest Committee of Management

                                                     10 Wentworth-Smith Street

                                                     Valla Beach NSW 2448

                                                      24 February 2017

 

 

Mr Michael Coulter

General Manager

Nambucca Shire Council

PO Box 177

Macksville NSW 2447

 

Dear Mr Coulter

 

Request for On-Site Meeting regarding Condition of Gordon Park Rainforest and Boardwalk and the Future of this Asset

 

During the last year in particular, the damage to the area of rainforest under the flying fox colony has been considerable. That includes the boardwalk. Without a canopy the weeds have proliferated exponentially and the task of clearing the boardwalk and surrounding areas with a view to the public returning to enjoy this forest asset is currently beyond the present volunteer work force.

 

At our committee meeting on 23 February, as a matter of urgency, it was moved that we ask for an on-site meeting with Councillors, Council staff (including Paul Gallagher, Grant Nelson, Tim Woodward), the ecologist charged with writing the draft Flying Fox Management Plan, our committee members and forest workers.

 

The objective of this meeting is to enable everyone to gain an appreciation of the present condition of the forest and boardwalk, and the conditions for working in the forest. This assessment will determine what future action is deemed necessary for the good of the forest, for the good of the workers, and for the safety and benefit of visitors should the plan be to continue to work towards the re-opening of the forest for the enjoyment of the townspeople and tourists.

 

 

Yours sincerely

 

 

Description: GJH Signature

 

Gwen Harden

President

 

 

cc Mayor Rhonda Hoban, Cr Anne Smyth

 

 

 


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager

ITEM 10.3    LF1547             160317         Gumma Swamp Land Dedication

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment; Michael Coulter, General Manager         

 

Summary:

 

The Gumma Swamp is a 550 hectare environmentally diverse, sensitive, wetland ecosystem that supports high fauna biodiversity and numerous rare and regionally significant species. Sections of the Gumma Swamp have historically been managed for rural purposes, which in some areas has led to significant issues with acid sulphate soils.  These issues have not only resulted in the degradation of the environmental features of the swamp, but have had a negative impact on water quality and in turn negative impacts on the oyster aquaculture.

 

Although the Gumma Swamp is in private ownership, Council has been progressing with investigations and works to assist in the management of acid hotspots due to the significance of the problem.  

 

Lot 20 DP 245595 and Lot 1 DP 1204205 contain approximately 157 hectares of the Gumma Swamp.  The owner of the lots has indicated that he is willing to dedicate all of the land within the swamp to Council at no cost as part of the process of undertaking a boundary adjustment under development application DA2016/145.

 

Although the Gumma Swamp is protected by legislation, there is still potential for land management practices to have negative impacts on the attributes of this important natural asset. Council ownership would lead to the protection and rehabilitation of the Gumma Swamp in perpetuity, as Council has the capacity to prioritise the environment in the management of the land.

 

This matter was referred to Councils meeting on 15 December 2016 with a recommendation to accept the proposed dedication of the land. Council’s resolution was for a further report to be presented to Council regarding any investigation as to the potential for the land being dedicated to interested environmental groups before reconsidering this proposal.

 

Council staff have consulted with interested environmental groups, however none have expressed any interest in taking ownership of the land.

 

While the ownership of the land would require administration/management costs; given the local environmental significance of the swamp it is anticipated that the majority of management activities would be eligible for assistance in the form of grant funding through various government bodies and the Environmental Levy.

 

 

Recommendation:

 

That Council accept dedication of the section of the Gumma Swamp located within Lot 20 DP 245595 and Lot 1 DP 1204205 as outlined in pink within figure 2 of the report.

 

 

OPTIONS:

 

·           Accept dedication of the land in accordance with the recommendation.

·           Not accept dedication of the land.

 

DISCUSSION:

 

At its meeting on 15 December 2016 Council made the following resolution having regard to the dedication of a section of the Gumma Swamp illustrated in figure 2 of this report (the land):

 

That Council receives a further brief report as to whether there has been any investigation as to the potential for the land being dedicated to interested environmental groups such as Wetland Care Australia before reconsidering this proposal.

 

Councils Coordinator of Strategic Planning and Natural Resources has approached the Roads and Maritime Service (RMS), the National Parks and Wildlife Service (NPWS), and the other environmental bodies including the Nature Conservation Council and the Nature Conservation Trust regarding their interest in accepting ownership of the land. The approach to the RMS was based on the use of the land as an offset to the Pacific Highway upgrade. No response has been received from the Nature Conservation Council or the Nature Conservation Trust at the date of writing this report. Regardless of this, if the land were to be dedicated to these entities; Council would need to accept the land in the first instance to comply with the provisions of the State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 and then transfer the land.

 

Although the NPWS stated that they will not accept the dedication of the land as a new addition to the national park estate, they have stated that there may be an option for the land to be dedicated to the board of management of the Gaagal Wanggaan (South Beach) National Park. This is an Aboriginal-owned national park approximately 2km to the east of the Gumma Swamp which is leased back to the NSW government. The lease agreement includes a provision to acquire additional lands. The board of management for the park may be interested in acquiring the land as there may be cultural values or other reasons that may benefit the Board and community. 

 

However, the NPWS made it clear that consultation with the board of management is not a quick process (possibly years) and would require a level of ground investigation and assessment to be undertaken prior to consideration. Should the board of management be interested in acquiring the land it will still be subject to the usual NPWS processes for adding land to the national park estate. These include:

 

·           Referral to other government land management agencies to identify any potential conflicts in interest. Without the agreement from the relevant agencies land cannot be reserved under the National Parks & Wildlife Act 1974.

·           Agreement from the Minister to reserve the land under Part 4A of the National Parks & Wildlife Act 1974 as an addition to Gaagal Wanggaan (South Beach) National Park.

 

The owner of the land is aiming to submit a subdivision certificate in the near future for the subdivision of Lot 20 DP 245595 and Lot 1 DP 1204205 under development consent DA2016/145. As part of that subdivision certificate it is intended to dedicate the land to Council free of cost. The owner has the ability to proceed with the lodgement of the subdivision certificate without including the dedication of the land to Council. This would mean that costs associated with any future dedication would be borne by Council.

 

Given there is no guarantee that the land would be of long term interest to the board of management and the considerable time and expense it will take to obtain confirmation from the board, it is recommended that Council accept the dedication of the land; otherwise it will remain in private ownership and maintain potential for ongoing degradation as outlined in this report.

 

Please note that while the ownership of the land would require administration/management costs; given the local environmental significance of the swamp it is anticipated that the majority of management activities would be eligible for assistance in the form of grant funding through various government bodies and the Environmental Levy. Should Council wish to investigate the board of managements interest in accepting the land, this can occur at a later date if need be.

 

The following is the body of the discussion presented in the report to Council on 15 December 2016:

 

The Gumma Swamp is located to the east of Macksville and has an area of approximately 550 hectares. The Swamp is contained within privately owned land and is highlighted pink in the below photo.

 

Figure 1

 

The Gumma Swamp includes environmentally diverse wetland ecosystems ranging from open water through to sedgeland and wet meadow, as well as swamp sclerophyll habitats including Melaleuca quinquenervia (paperbark) and Casuarina glauca (swamp oak).

 

Although substantially cleared for grazing pasture, the riparian zones have small but significant areas of remnant vegetation including lowland rainforest.  Much of the wetland area is classified as Endangered Ecological Community under the New South Wales Threatened Species Conservation Act 1995 with these communities overlapping in a mosaic of lowland wetland types.  The site is of high ecological value and supports numerous threatened flora and fauna species, a productive fishery and a diversity of aquatic and terrestrial habitat types.

 

The following Endangered Ecological Communities are known to occur at the site:

 

·           Swamp Oak Floodplain Forest of the NSW North Coast, Sydney Basin and South East Corner bioregions.

·           Swamp Sclerophyll Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner bioregions.

·           Freshwater Wetlands on Coastal Floodplains.

 

The area supports high fauna biodiversity and numerous rare and regionally significant species.  A bird list for the area contains over 150 species.

 

A range of Endangered and Vulnerable species (NSW TSC Act) are known to occur in the locality including the Black-necked Stork Ephippiorhynchus asiaticus (Endangered), Brolga Grus rubicunda (Vulnerable) and Grass Owl Tyto capensis (Vulnerable).  Nearby records include raptors such as the Osprey Pandion haliaetus, microbats, and Koala Phascolarctos cinereus.

 

Gumma Swamp is mapped as a key habitat in the Key Habitats and Corridors report (Scotts 2003) and is recognised for the diversity of habitat it provides.  The wetland is an integral cornerstone of a significant coastal corridor featuring lowland floodplain ecosystems, estuarine habitats, significant Indigenous lands, as well as the Gumma peninsula and inland connectivity through woodlands and heathlands to the tall forest and old growth rainforest at almost 500 metres elevation on Mount Yarrahapinni.

 

Although somewhat protected through legislation, the Swamp has historically been managed for rural purposes, which in some areas of the Swamp has led to significant issues with acid sulphate soils.  These issues have not only resulted in the degradation of the environmental features of the Swamp outlined above; but have a negative impact on water quality which in turn impacts on oyster aquaculture.

 

Council in partnership with other agencies has been progressing with investigations and works to assist in the management of acid hotspots.  But ultimately there is still potential for these mitigation works to be compromised by land management practices.

 

Development application DA2016/145 includes a boundary adjustment of Lot 20 DP 245595 and Lot 1 DP 1204205.  A large section of these lots is within the Gumma Swamp.  The owner of this land has indicated that he is willing to dedicate all of the land within the Swamp (approximately 157 hectares) to Council at no cost.

 

The section of land proposed to be dedicated to Council is outlined in pink in the below photo.

 

Figure 2

 

Council ownership would lead to the protection and rehabilitation of the Gumma Swamp in perpetuity, as Council has the capacity to prioritise the environment in the management of the land.  It is proposed that the acceptance of the dedication of the 157 hectares would be the first stage of a long term strategy for Council to secure ownership of the whole swamp.

 

Having ownership of the land would also provide the opportunity to open the area up for increased tourism opportunities similar to the very successful enterprise undertaken at Valley of the Mists on the Congarinni wetland.

 

The site is of particular interest to bird watching groups given the residency of some rare species.  With ownership of the land there is potential to embrace this and establish facilities which may encourage increased eco-tourism uses within the locality. Given the complexities which would arise in the expansion of such tourism developments if the land were in private ownership; it is considered such expansion would be dependent on the Swamp being in Council ownership.

 

The ownership of the land would require administration/management costs.  Potential management activities that would be required include:

 

-           Management Plan Preparation

-           Weed management

-           Fencing as required for management purposes.  Please note that in accordance with section 25 of the Dividing Fences Act 1991, Council is not liable for any costs associated with the erection of a fence under that Act

-           Acid sulphate soil management

-           Vegetation management/revegetation

-           Bushfire Management activities.  However, given the separation of the section of wetland being dedicated to Council from adjoining dwellings, bushfire management is considered to be highly unlikely.

 

Given the local environmental significance of the Swamp it is anticipated that with the exception of bushfire management, all of the activities above would be eligible for assistance in the form of grant funding through various government bodies and the Environmental Levy.

Having regard to the above, it is recommended that Council accept dedication of the section of the Gumma Swamp located within Lot 20 DP 245595 and Lot 1 DP 1204205 as outlined in pink within figure 2 of this report.

 

 

CONSULTATION:

 

Coordinator of Strategic Planning and Natural Resources

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

As outlined above, the Gumma Swamp is environmentally sensitive land which is protected by local and State legislation.  Council has undertaken considerable works in recent times rectifying areas of the wetland which have been exposed to environmental damage.  It is considered that having the land in Council ownership will ensure that this land and Council's restoration works are protected in perpetuity.

 

Social

 

Ownership of the Gumma Swamp will provide greater opportunities for access by interest groups such as bird watches and educational institutions.  Increased access will also provide opportunities for the development of eco-tourist facilities adjacent to the Swamp.

 

Economic

 

As outlined above, the ownership of the Swamp will provide increased public access for interested user groups and the development of eco-tourist facilities adjacent to the Swamp which will attract people to the Shire.

 

Ownership will also secure the ongoing management of acid sulphate soils within the Swamp which improves the quality of water which enters the Nambucca River.  Failure to adequately control the quality of water entering the Nambucca River can have adverse effects on oyster aquaculture.

 

While there will be costs associated with ongoing management activities, it is expected that the majority of these will be covered by grant funding and the Environmental Levy.

 

Risk

 

Although obtaining any asset provides potential for increased risk, it is considered that this asset is of low risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The land is being dedicated free of charge. It is considered that the majority of potential costs associated with the management of the land will be absorbed within the Environmental Levy.

 

Source of fund and any variance to working funds

 

Nil


 

Service level changes and resourcing/staff implications

Council staff are already undertaking projects within the Gumma Swamp to protect its environmental attributes.  It is considered that acquiring this section of the Swamp will secure some of these and future works in perpetuity.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager's Report

ITEM 10.4    DA2016/236      160317         DA2016/236 - Markets - Lot 3 DP 1202794, Adin Street Reserve, Adin Street, Scotts Head

 

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

 

Summary:

 

As part of the Scotts Head Master Plan, the Scotts Head caravan park was reconfigured and subsequently redeveloped. This included the establishment of the Village Green. The Village Green provides for passive recreation opportunities close to the town centre of Scotts Head and for community events such as, in this case, Markets.

 

As the establishment of the Village Green was in construction phase, interest was shown by two Applicants for Markets in this area with Development Applications (DA) lodged with Council.

 

On 29 April 2016, Bernard Ashcroft, on behalf of Wildlife Rescue Inc., lodged DA2016/069 with Council for Markets on the Village Green.

 

On 23 May 2016, Tina Midson, on behalf of the Scotts Head Events Committee, lodged Development Application DA 2016/080 for Markets on the Village Green.

 

The application from Wildlife Rescue was notified to adjoining property owners with a multitude of submissions received objecting to the proposal. The Application from Scotts Head Event Committee did not make it to adjoining owner notification.

 

The lodgement of the aforementioned DA’s attracted significant attention from the Scotts Head community. As a consequence of concerns raised by the community, apparent conflicts between the Applicants and the fact that works associated with the Village Green were not completed at the time, it was considered prudent to request Applicants to withdraw their respective DA’s and Council lodge a DA in order to take charge of the use of the reserve for the purpose of Markets.

 

As a result of this DA2016/069 was subsequently withdrawn on 20 June 2016 along with DA2016/080 on 1 July 2016.

 

On 13 December 2016, Nambucca Shire Council lodged Development Application DA2016/236. This is the subject of this report.

 

This report also relates to another report in the Business Paper by the Manager Community Development which deals with the allocation of dates to Wildlife Rescue Inc and the Scotts Head Events Committee.

 

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

 

 

 

Recommendation:

 

That Development Consent be granted to the proposal subject to the recommended conditions in Attachment 1 and plans in Attachment 2a and 2b in this report.

 

 


 

OPTIONS:

 

1.       To determine the Development Application by granting consent subject to the recommended conditions in Attachment 1

2.       To determine the Development Application by granting consent with alternate/altered conditions to those in Attachment 1

3.       To determine the Development Application by refusal

 

 

DISCUSSION:

 

At its meeting of 9 March 2017 Council resolved as follows;

 

That this Item be deferred to the Council meeting on 16 March 2017.

 

Between then and now, the Scotts Head Community Group lodged a submission with respect to the Market proposal. This can be found as Attachment 3. A summary of matters raised in the submission and commentary thereof is as follows;

 

Issue – That the maximum number of days approved for markets in the first year trial period be 6 days.

 

Comment – Condition 5 of the recommended conditions of consent allowed up to 52 markets in any given 12 month period. This was essentially a translation of clause 2.8 ‘Temporary use of land’ of the Nambucca Local Environmental Plan 2010 (LEP 2010). This is an enabling provision in the LEP 2010. The intent was not to say 52 markets will or must happen, but that it could simply cater for any reasonable number of markets without having to modify the development consent (further application process) over time due to limitations by virtue of a number that may be restrictive. It is considered reasonable, whilst still maintaining flexibility, to reduce the number from 52 to 26. Please note that as land owner, Council has the ability to regulate the number of days a year markets are undertaken on the land outside of the development assessment process.

 

Issue – That there be no parking on the adjacent Reserve area for Market days.

 

Comment – It is considered reasonable to permit overflow parking into the Reserve area on Market days.

 

Issue – That the maximum number of days approved for special events in the first year trial period be 6 days.

 

Comment – This report pertains to the use of the Village Green for Markets only.

 

Issue – That Council should set a fee for any use of the Village Green (and adjacent Reserve for Special Event overflow parking) where there is a commercial component (eg. Market stalls run for profit) as part of the event, and damage to land must be overseen and repaired by Council.

 

Comment – This is not possible through a Development Application process.

 

Following is the discussion form the original report that went to Council on 9 March 2017.

 

The proposal

 

The proposal is for Markets within the Village Green at Scotts Head with provision for overflow car parking within the adjacent reserve area. It is understood that Wildlife Rescue Inc and the Scotts Head Event Committee have made submissions to Council with respect to nominated dates within a calendar year for market events. The report by the Manager Community Development deals with the allocation of dates for the respective Market proponents.

 

The site

 

The site is located central to Scotts Head village. It is a generally level grassed area with landscaping throughout. Although developed for the purpose of public recreation, the Village Green itself is also designed to function as a storm water detention basin.

 

Locality plan

 

 

The proposed development is assessed against the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:

 

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

 

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

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

 

The subject land is mapped as being partially bushfire prone. There is no implication with respect to this mapping and the proposed development.

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

 

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

 

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

 

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

 

Clause

Complies

Comments

2.3 - Zone objectives and land use table

YES

The proposed development is considered to be consistent with the zoning objectives of RE1, however is prohibited in the land use zone. The permissibility of the proposal is invigorated by clause 2.8 of NLEP 2010.

2.8 – Temporary use of land

YES

This clause applies to the temporary use of land if the use does not compromise the future development of the land or have detrimental economic, social, amenity or environmental effects on the land. It provides for the granting of development consent on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

With respect to this clause, the proposed development will not compromise the future development of the land as the proposal is temporary in nature.

The proposal in principal is considered to have a positive economic impact in terms of trade, is socially desirable having regard to increases in and sustaining of local markets throughout the region over the last decade or so and no adverse amenity or environmental impacts.

It is also noted that as Council would benefit from the Development Consent, it has the ability to manage the ongoing use.

5.5 - Development within the coastal zone

YES

The proposal is consistent with the provisions of this policy.

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

YES

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

7.1 – Acid Sulfate Soils

YES

The market proposal will not result in any excavation that would lower the water table within the locality.

7.4 – Public utility infrastructure

YES

Power is not provided to the site. It will be the market organisers/individual store holder’s responsibility to provide power, where necessary, to stalls/sites.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

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

 

State Environmental Planning Policy

Complies

Comments

SEPP 55 - Remediation of Land

YES

The site is not considered to be contaminated by virtue of the historic land use of the reserve and the recent redevelopment of the Scotts Head caravan park and reserve.

SEPP 71 – Coastal Protection

YES

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

 

 

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

 

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

 

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

 

NAMBUCCA DEVELOPMENT CONTROL PLAN 2010

 

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

 

NAMBUCCA DCP 2010

Complies

Comments

Notification and advertising (Part A)

YES

The proposal was notified to adjoining owners from 19 December 2016 to 9 January 2017. One submission was received.

Environmental context (Part A)

YES

Subject to the recommended conditions of Development Consent, the proposal is considered to be satisfactory having regard to the relevant matters for consideration under clause A5.0.

Car Parking & Traffic (Part C)

YES

Access to the site is via a new access point off Adin Street constructed as part of the redevelopment of the Scotts Head caravan park and reserve.

This part of the DCP requires 2.5 spaces per stall. This figure cannot be definitively applied to this circumstance.

Car parking is considered to be acceptable and not inconsistent with this part due to the following;

·  On street parking is available around the Village Green area.

·  Overflow parking is available on the reserve adjacent to the Village Green.

·  There is a likelihood that residents of Scotts Head would walk to the markets.

·  The markets are temporary in nature.

 

 

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

 

There are no planning agreements applying to the subject site.

 

 

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

 

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

 

Clause

Complies

Comments

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

Yes

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

 

(a) (v) any coastal zone management plan

 

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

 

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

 

Issue

Applicable

N/A

Comments

Context and Setting

YES

 

The site is considered suitable for the proposed development given the location, the relatively flat nature of the site and the temporary nature of the proposal.

Access, Transport and Traffic

YES

 

The site is directly accessible off Adin Street.

Public Domain

YES

 

The proposed development is consistent with the anticipated spectrum of uses of the Village Green.

Utilities

YES

 

The site does not have power.

Heritage

YES

 

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

Waste

YES

 

The market organiser/individual store holders will be responsible for waste management and maintaining the site in a clean and tidy condition during each market and upon cessation of each market.

Natural Hazards

YES

 

The possibility exists for the proposal to be impacted on by natural events such as storm activity and associated localised flooding. The Village Green has been constructed as a storm water detention basin. Market events will not be able to occur under predicted storm events. This will need to be adjudicated on in real time.

Social Impact in the Locality

YES

 

The proposal is considered to contribute to positive social experiences in Scott’s Head.

Economic Impact in the Locality

YES

 

The proposal is considered to contribute to the local economy by virtue of trade and contributions forecast by proposed event organisers for community groups such as the Scott’s Head Surf Life Saving Club.

 

(c)      The suitability of the site for the development

 

Does the proposal fit in the locality?

Yes

No

 

x

 

Are the site attributes conducive to development?

Yes

No

 

x

 

 

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

 

One submission was received during the notification of the development application in accordance with the Nambucca Development Control Plan 2010 with the following matters raised:

 

Summary of Matters Raised in Submissions

Reporting Officers Comment

Concern that the site plan demonstrates the blocking of driveways along Adin Street

Whilst the operation of the markets is likely to contribute to on street parking in Adin Street, it is not lawful to obstruct property access. If this were to occur, Council’s Ranger services can be utilised to manage any such problem.

 

(e)     The public interest

 

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

 

Section 94 - Contribution towards provision or improvement of amenities or services

 

Development Contribution Plan

Applicable

N/A

Contribution Amount

Community Facilities and Open Spaces

 

x

 

Surf Lifesaving Equipment

 

x

 

Local Roads & Traffic Infrastructure

 

x

 

Mines and Extractive Industries

 

x

 

Upper Warrell Creek Overbridge

 

x

 

Bellwood Local Roads and Traffic Infrastructure

 

x

 

Upper Warrell Creek Road

 

x

 

Smiths Lane Upgrade

 

x

 

Section 94A Development Contribution Plan

 

x

 

Administration 

 

x

 

 

 

Section 64 – Construction of Works for Developers (Local Government Act 1993)

Section 64 of the Local Government Act 1993 enables council to levy developer charges for water supply, sewerage and stormwater. This derives from a cross-reference in that Act to Section 306 of the Water Management Act 2000.

 

Development Servicing Plan

Applicable

N/A

Contribution Amount

Water Supply

 

x

 

Sewerage

 

x

 

 

 

CONSULTATION:

 

Manager Development and Environment

Manager Technical Services

Manager Community Development

Manager Infrastructure Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Subject to compliance with recommended conditions of consent, there are no foreseeable adverse environmental impacts.

 

Social

 

The operation of Markets is considered to have a positive social impact.

 

Economic

 

The operation of Markets is considered to have a positive local economic impact.

 

Risk

 

Subject to compliance with recommended conditions of consent, Council is not considered to be exposed to any risk.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Ranger services may be required to monitor car parking and traffic associated with the Markets

 

Attachments:

1

2680/2017 - Attachment 2a - Draft Consent - Markets

 

2

44393/2016 - Attachment 2 - Site Plan

 

3

44392/2016 - Attachment 2b - Market site plan

 

4

8361/2017 - Attachment 3 - Submission from Scotts Head Community Group

 

  


Ordinary Council Meeting - 16 March 2017

DA2016/236 - Markets - Lot 3 DP 1202794, Adin Street Reserve, Adin Street, Scotts Head

 

Enquiries to:        Anthony Brandie

Contact Phone:    6568 0240

Our Ref:             DA 2016/236

 

 

 

25 January 2017

 

 

 

Nambucca Shire Council

PO Box 177

MACKSVILLE  NSW  2447

 

 

 

NOTICE TO APPLICANT OF DETERMINATION OF A

DEVELOPMENT APPLICATION

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

 

 

Development Application No:                   2016/236

 

Applicant:                                                Nambucca Shire Council

 

Subject Land:                                          Lot 3 DP 1202794, Adin Street Reserve, Adin Street Scotts Head

 

Development Proposal:                            Markets

 

 


DETERMINATION

 

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

 

Made on:                                                  -

 

Consent to operate from:                         -

 

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

 

 


REVIEW OF DETERMINATION

 

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

 

 


RIGHT OF APPEAL

 

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

 



Ordinary Council Meeting - 16 March 2017

DA2016/236 - Markets - Lot 3 DP 1202794, Adin Street Reserve, Adin Street, Scotts Head

 

DETAILS OF CONDITIONS

 

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1        The development is to be implemented in accordance with the plans endorsed with the Council stamp, dated 9 February 2017, and set out in the following table except where modified by any conditions of this consent.

 

Plan Description

Dwg No

Prepared by

Dated

Site plan

-

-

-

Market site plan

-

-

-

 

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

 

Separate application required for advertising structures

 

2        A separate application is to be submitted to, and approved by, Council prior to the erection of any advertisements or advertising structures, other than those permitted without consent by Council.

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH AT ALL TIMES

 

3        Food businesses operating must be registered and have relevant approvals with Nambucca Shire Council or alternatively with another Local Government Authority in accordance with the NSW Food Authority ‘Home Jurisdiction Rule’ for mobile/temporary food businesses.

 

4        Food businesses operating must have a Food Safety Supervisor appointed.

 

5        This consent is limited to a maximum of 52 days in any 12 month period.

 

6        It is the responsibility of Market organisers and/or individual stall holders to provide power, where necessary, to the market in general and individual sites.

 

Access to Village Green/overflow parking

 

7        When the Village Green is deemed unsuitable for use due to inclement weather, unsafe conditions, floods/high tides or when continued activity will result in damage to the Village Green, Council reserves the right to:

 

a) Close vehicular access to the Village Green and advise that organisers are responsible for ensuring vehicles do not enter the Village Green.

b) Close the entire Village Green.

 

The user will be responsible for all costs of repairs if they disobey Council instruction and use the Village Green on a day of an event when the Village Green is closed. The Village Green may be closed at short notice.

 

This condition applies to the nominated overflow parking area on the reserve.

 

8        Unless otherwise authorised by Council, vehicles with a Gross Vehicle Mass (GVM) of 4.5 Tonne or greater are not permitted on the Village Green or overflow parking area.

 

9        Other than mobile food vehicles, vehicles are not permitted on the Village Green other than for setting up/shutting down market stalls.

 

10      The market operator must obtain and maintain public liability insurance cover for a minimum of $20 million. Nambucca Shire Council is to be nominated as an interested party. A copy of current coverage must be provided to Council.

 

11      Prior to any Market commencing under this consent, a Management Plan shall be provided by the organiser, to Council, detailing the following;

 

a)   Arrangements for the storage of and removal of garbage from each market event. This should also include provision for recycling and separation of organic waste.

b)   A plan identifying the market layout. This should be generally in accordance with the approved market site plan and allow for a minimum aisle/thoroughfare width of 2.5 metres.

c)   Details and layout for the provision of overflow parking in the adjacent reserve area.

 

12      The Village Green and overflow parking area shall be left in a clean and tidy condition to the satisfaction of Council at the cessation of each market event.

 

REASONS FOR CONDITIONS

 

·           To ensure that the proposed development:

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

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

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

 

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

 

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

 

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

 

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


 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:        NIL

 

Integrated Development:                          NO

 

 

 


Signed on behalf of Consent Authority

 

 

 

 

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

 

Name:           Anthony Brandie

                     SENIOR HEALTH & BUILDING SURVEYOR

 

Date:              25 January 2017

 

Consent Authority:           Nambucca Shire Council


Ordinary Council Meeting - 16 March 2017

DA2016/236 - Markets - Lot 3 DP 1202794, Adin Street Reserve, Adin Street, Scotts Head

 


Ordinary Council Meeting - 16 March 2017

DA2016/236 - Markets - Lot 3 DP 1202794, Adin Street Reserve, Adin Street, Scotts Head

 


Ordinary Council Meeting - 16 March 2017

DA2016/236 - Markets - Lot 3 DP 1202794, Adin Street Reserve, Adin Street, Scotts Head

 


 


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager's Report

ITEM 10.5    PRF79              160317         Use of Adin Street Reserve (Village Green) Scotts Head for Markets

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

This report was deferred from Council’s 9 February 2017 due to the deferral of a related report by the Senior Health and Building Surveyor in regard to a Development Application (DA 2016/236) for temporary use of the Adin Street Reserve (Village Green) Scotts Head, for markets.

 

The development of the Village Green has resulted in the following two organisations requesting approval to conduct markets on the Green:

 

1        Nambucca Shire Council (Section 355 Committee) – Scotts Head Events Committee of Management

2        Wildlife Rescue Incorporated

This report has been developed on the assumption that the DA for markets on the Village Green will be approved and is therefore focussed around determining who operates markets on the Green and when. Having said that, there is also the matter of Council endorsing the Scotts Head Events Committee of Management conduct of community markets. 

 

 

 

Recommendation:

 

1        That the Nambucca Shire Council Scotts Head Events Committee of Management and Wildlife Rescue Incorporated be approved to operate markets on the Adin Street Reserve Scotts Head, known as the Village Green; with this approval being reviewed after 12 months operation.

 

2          That the proposed schedule of markets be endorsed as an indicative program. 

 

3        That Council confirm that under its Code of Conduct, a separation of public duties and private business activities is required and therefore when Committees of Management operate markets or other fundraising events, members of that Committee should not operate personal for profit activities.

 

 

OPTIONS:

 

Assuming the DA is approved, Council has the option of determining a specific schedule of market days and of approving exclusive use of the Village Green to one organisation. 

Council also has the option of not endorsing its Committee of Management’s conduct of markets.

 

GM Comment

 

Since the meeting on 9 February 2017, the Mayor and General Manager met with representatives of the Scotts Head Community Group Inc. on 22 February to discuss the use of the “village green”.  Pursuant to a deed of agreement between Council and the NSW Crown Holiday Parks Trust, the Trust is responsible for maintaining this land being limited to mowing, edging and litter collection (excluding events).

 

However Council remains responsible for any capital improvements to the land and given its proposed use for markets and potentially other activities it would seem likely that from time to time there will be requests to Council to provide new facilities or otherwise improve the land.

 

It does seem that there is an opportunity to make the existing Scotts Head Events Committee of Management responsible for the land and for paying for any improvements which may be subsequently required for the conduct of the markets or otherwise for the use of the space.

 

As such if the Scotts Head Events Committee of Management is made responsible for the use of the land, they can be given delegated authority to allow other market users as they see fit.  In this scenario there is no need for Council to make the determination in the recommendation of this report.  As owner of the land, the Council can simply delegate responsibility for determining its use to the existing Section 355 Committee.

 

Consideration has also been given to the option of rationalising the existing three Section 355 Committees of Management in Scotts Head (Buz Brazel Park, the Tennis Courts and Events Committee) into a single Committee of Management which applies itself to looking after all of these facilities, including the village green.  Similar to the Valla Beach Community Association, it may even be possible to provide the Committee with a general remit to advise Council on such matters as are seen to be for the betterment of the Scotts Head community.  This is in the nature of a “precinct committee” to advise Council on issues at Scotts Head as well as to look after the three council owned assets.

 

The advantages of this option are that it removes the existing duplication of administration; provides a broader brief and capacity to larger Section 355 Committee and establishes a representative body which can work with Council to benefit the Scotts Head community.  The major disadvantage is that the interests of the existing Section 355 Committees are disparate and a combined Section 355 Committee involving people with different interests may not succeed.

 

Nevertheless whether the existing Scotts Head Events Committee has a broader responsibility for the village green or consideration is given to a single Section 355 Committee for Scotts Head, the following is a suggested revised recommendation for Council’s consideration.

 

Recommendation

 

1        That responsibility for the use and improvement of the Village Green in Adin Street, Scotts Head be incorporated in the delegations of authority for the Scotts Head Events Committee or an amalgamated Committee of Management, with that Committee to issue approvals for the use of the land for markets.

 

2        That the General Manager report back to Council on the option of amalgamating the three Section 355 Committees of Management in Scotts Head into a single Committee following the outcome of formal consultation with each of the three existing Committees.

 

 

DISCUSSION:

 

A short history as background to this report follows.

 

Until mid-2016 the markets at Adin Street Scotts Head were conducted by private individuals for personal gain on private property.  A change in ownership of the land meant an end to that enterprise and as Council would be aware Development Approvals relate to the land, not people and therefore the Approval for the Adin Street site could not be transferred elsewhere. 

 

The operators of the markets, who are also the President and Treasurer of the Council Scotts Head Events Committee of Management, wished to continue markets at Scotts Head and so approval was sought by the Committee for use of the Scotts Head Bowling Club car park.  A temporary approval was granted, expiring January 2016, to coincide with the construction of the Village Green.  The plan being that markets would be more appropriate there. 

 

The long-awaited development of the Village Green has resulted in the following two community organisations requesting approval to conduct markets on the Green on identified dates, some of which are adjoining. 

 

Scotts Head Events Committee of Management

 

The Committee is a Section 355 Committee of Council with the following delegation:

 

·           Conduct of fund raising activities. Where such fund raising activities involve the sale of alcohol, a liquor license and the approval of Council is required;

·           Limit the expenditure of monies to the amount of funds held by the Committee at the time;

·           Appoint such contractors as are deemed necessary by the Committee from time to time to assist in the administration and maintenance of the buildings and/or the conduct of programmes or functions therein, subject to contracts which are of necessity for a long term being reviewed once per year;

·           Seek grants for the conduct of celebrations, subject to the General Manager‘s endorsement of the grant application;

·           Make recommendations to the Council in respect of celebrations as the Committee thinks appropriate from time to time.

The key activity of this Committee is conducting the Scotts Head Food and Wine Festival annually in April.

 

The Committee’s decision in 2016 to operate a market in Scotts Head (on behalf of Council and the community) appears to fit within the Committee’s delegation under “conduct of fund raising activities” but it also brings forward the need to ensure a clear distinction between the private/for profit activities of individuals and that of the Council/Committee of Management; given the history of the markets and the move from them being a private to community enterprise. The markets now need to be operated in accordance with Council’s policies including management of conflicts of interest and risk management.  For example, members of the Committee cannot be both the market operators and a stall holder for personal profit.  Also, risks associated with market operations are worn by Council. 

 

The Committee appears to have community support to operate the proposed markets.

 

Wildlife Rescue Incorporated

 

·      Wildlife Rescue Inc (WRI) is a specialist volunteer organisation dedicated to the rescue of native animals.

·      WRI operates an emergency 24-hour Operations Centre staffed by coordinators trained to assist in all aspects of animal rescues.

·      Wildlife Rescue Inc. is a not-for-profit registered charity, independent of any other organisation or Government body.

This organisation is independent of Council but has its own reporting obligations. 

There has also been assurance that a portion of funds raised from stall rental will be donated to Scotts Head Public School and the Macksville-Scotts Head Surf Life Saving Club.

This organisation also appears to have community support to operate the proposed markets.

 

It is understood from correspondence on Council files and discussions with Council staff that sharing the operation of markets between the two organisations was suggested, but is not desired by at least one of the parties.  Further, that a “new” group approached Council to conduct markets on the Village Green has been the cause of community conflict.  There is however room for both to conduct markets at different times.  Whether the schedule of markets (sometimes several per month) will work is questioned and will be determined by the community and stall holder response; although the privately operated markets appear to have succeeded with weekly markets at peak times. 

 

There also appears to be an expectation that Council will choose one organisation to operate the markets based on some assessment of each organisation’s worth and which gives the most benefit to community.  It is difficult to simply apply this concept, which is at best subjective, because it is in essence personal preference whether rescuing native animals is somehow more worthy than social activities and events or vice versa.  There is also an expectation that “local” (however this might be defined) is given preference. 

 

Council should ensure impartiality and objectivity in deliberating between competing applications for use of public land in Nambucca Shire, even when one of the parties is part of Council itself. 

 

So key questions which should be asked are:

 

1.   Are the public able to continue to enjoy the public space unhindered?

2.   As land managers, are any additional risks born by Council understood?

3.   Does the operator have appropriate operating insurance?

Potentially both organisations are “yes” to these questions.

 

Both organisations have requested certain dates shown in the following table:

 



Wildlife Rescue Inc

4th Saturday of the month

NSC Scotts Head Committee of Management

25  March 2017

22    April

 

9   April

17 April

27  May

14 May

24   June

22   July

26  August

23   September

3  September

28  October

2  October

25  November

23  December

27 January

 

1   January

8   January

15 January

22 January

 

24  February

24 March

 

 

So how to determine a schedule?   Assuming the Development Application is approved, there are 2 main options:

 

1.   The months rotate alternatively and the organisations have the option to hold a market (or not).

2.   Each organisation is approved for the days requested and where there is a clash or the dates adjoin, the successful organisation is “drawn from the hat”.

This report supports option 2 due to the following:

 

·      Council doesn’t set schedules for any other markets.  A quick review of local markets shows that timing varies.  Some are twice monthly, others once a month and some bi-monthly eg Funkya @ Unkya; it appears that community support and availability of vendors are key factors. 

·      Approving the dates doesn’t compel the organisation to hold a market, however each organisation should  advise Council if they aren’t holding a market on a particular date.

·      The number of dates requested falls under the 52 days allowed under the Development Consent.

·      Council’s Engineers advise that the turf on the Village Green is resilient and hardwearing and the schedule should pose no problems. 

·      Both organisations have submitted proposals which provide for some of the stall rental to be retained in Scotts Head.

The Development Approval sets out the conditions relating to the use of the Village Green, including the submission of a Management Plan to address waste management, market layout and overflow parking.

 

Given the conflict the proposed markets has caused already, the nature of the area being a drainage retention basin and the need to approve this use under Clause 2.8 of the Nambucca Local Environmental Plan 2010 - Temporary Land Use; it is proposed to issue an approval for 12 months only and then review.

 

Assessment should be based on performance in the following areas:

 

·      Cleanliness of the site

·      Damage to Grounds

·      Goodwill towards adjacent properties and caravan park

·      Interference with public use of the park

·      Compliance with Development Consent

·      For the Committee of Management, compliance with Council policies.

 

The market schedule can be posted on Council’s website.

 

CONSULTATION:

 

Senior Health and Building Surveyor

Manager Infrastructure Services

Safety and Risk Officer

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified emanating from this report.

 

Social

 

Community markets are generally regarded as providing opportunities for social engagement and therefore can bring a positive energy to Scotts Head. 

 

Economic

 

Markets can be an economic driver for a community by providing vendors with business knowledge and creating spin off to other established business, however in other circumstances businesses argue that markets take away from not add to.  The result appears to depend upon quality of the market generally, how well it is run, the types of stalls and quality of merchandise. 

 

The concept of keeping dollars within the local community is admirable, however it is inevitable that dollars will flow out of Scotts Head as not all stall holders are local and in any case a key part of market success is that vendors seek personal profit, which goes out of the community with them.  Both organisations have submitted proposals which provide for some of the stall rental to be returned to Scotts Head (Wildlife Rescue to the School and Surf Club; and the Committee of Management back into the Scotts Head Food and Wine Festival.)

 

Risk

 

Markets being conducted by the Scotts Head Events Committee by default become Council operated markets and should therefore be operated in accordance with Council’s policies including management of conflicts of interest and risk management.  For example, Committee members operating stalls at the markets for their own personal financial gain constitutes a Pecuniary Interest under Council’s Code of Conduct; and Risks associated with market operations are worn by Council. 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council will mow the grass as part of its regular maintenance program.  Additional mowing is on a cost recovery basis. Nothing else is identified. 

 

Source of fund and any variance to working funds

 

Nothing required.

 

Service level changes and resourcing/staff implications

 

Staff attention and time has been required to manage the development of the Village Green and the different community views on its use.  A clear framework surrounding the use of the space for markets should minimise the need for ongoing staff attention. 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager's Report

ITEM 10.6    SF2251            160317         Proposed Accredited Visitor Information Centre for Macksville

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

As reported to Council on 13 October 2016, Macksville Ex-Services Club has expressed an interest to establish a Level 3 Accredited Visitor Information Centre (AVIC) at the Club.   Its high visibility, opening hours and accessibility make it an ideal addition to the network of information outlets.  It will also interest businesses in Macksville as they prepare for post by-pass.  An early assessment indicates that the site would meet the requirements set down by Destination NSW. 

 

Level 3 AVICs require the endorsement of the Council and an ongoing relationship with the Club via a minor monitoring role that would be undertaken by the Tourism Co-ordinator.  

 

 

 

Recommendation:

 

That Council support the request by Macksville Ex-Services Club to establish a Level 3 Visitor Information Centre. 

 

 

 

OPTIONS:

 

Given that this is “in kind” support and does not require anything material from Council, no other options are being put forward. 

 

 

DISCUSSION:

 

For some time Macksville Ex-Services Club has provided maps and tourism-related brochures to assist locals and visitors.  Its location makes it an ideal venue to offer an accredited service which at the very least allows the Club to use the AVIC branding (the yellow “i”) which is well known by the travelling public.

 

Unfortunately the Recommendation to Council 13 October 2016: 

That Council support the request by Macksville Ex-Services Club to establish a Level 3 Visitor Information Centre, noting that this essentially “in kind” support. 

was deferred to March 2017 along with the others from Item 9.8.

 

This was disappointing given that Accreditation was possible prior to Christmas, however in the meantime the Manager Community Development has been working through the assessment and compliance with the AVIC standards, with the Club Chief Executive Officer Judy Ward.  The Club now wishes to pursue Accreditation without haste.

 

The proposal would complement and add to the following range of tourism information outlets across the Valley:

 

·      Highway Service Centre at the northern entrance to Nambucca Heads;

·      Riverside Drive site;

·      2 community booths which are serviced by the Nambucca Valley Tourism Association (outside Nambucca Liquor and Bowraville Post Office); and

·      6 Visitor Point information sites (White Albatross, Nambucca Holiday Park/Swimming Creek, Valla Beach Resort, Pelican Park, Aukaka, and Nambucca River Tourist Park). 

 

The Nambucca Shire does not have a Level 1 AVIC and therefore the Club’s proposal requires the endorsement the Council.  The monitoring role by the Tourism Co-ordinator should amount to a regular site visit and support (eg with data collection) or supply of brochures.  This will not be time consuming.   

 

Council may be interested to know that there an increasing number of successful examples of visitor information at licenced clubs, ranging from small outlets at Evans Head Bowling Club to a high level service at Ettalong Diggers.

 

 

CONSULTATION:

 

Tourism Co-ordinator

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Nothing identified

 

Social

The Macksville Ex-services Club has a vision to be a family friendly Club and in 2016 received an award for its activities to promote access and inclusion for people with disabilities.  It is the venue for a range of social activities as well as traditional licenced club services. 

 

Economic

This is a low-cost proposal which can only add to the business fabric of Macksville. The town’s access on and off the Pacific Motorway increases its potential as a travel stop.  Offering an accredited visitor service in the town will add to the traveller experience and be another opportunity to promote the valley. 

 

The Club’s profile on the existing highway should make establishing this VIC a matter of priority.  As an accredited VIC, the Club will be able to display the “i” to passing traffic with a key purpose being promotion of this service prior to Macksville’s by-pass.

 

Risk

Nothing identified. 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing required.

 

Source of fund and any variance to working funds

 

Nothing required.

 

Service level changes and resourcing/staff implications

 

The support role provided by Council will mostly involve a site visit and supply of printed material provided by tourism operators.  There may be some guidance required in specific areas such as data collection in the early stages.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager's Report

ITEM 10.7    SF474              160317         New Tourism Website

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

A recent decision by the Nambucca Valley Tourism Association Incorporated (NVTA) not to renew its subscription to Bookeasy (a booking service and website) has resulted in the need to consider a new website for the tourism industry.  NVTA has been paying an annual subscription to Bookeasy for the technology/back-of-house support and the current website. 

 

In terms of bookings, the trend appears to be moving in favour of either high-profile booking platforms such as Wotif, Booking.com, Air BnB, Stayz, Agoda etc; operators manage their own or both.

 

It is proposed that Council develop a new tourism website in collaboration with the industry, with links to operators own websites ie without a booking service, and that it be managed by the Tourism Co-ordinator.

 

Some key points:

 

·           A high quality and well maintained digital presence is essential in the current market place.

·           The existing website is looking tired and dated compared to current designs.

·           The current trend is for operators to manage their own online presence and a new website would simply provide links to operator websites and not a booking service. 

·           Removing the booking service would address the issues of conflict of interest or perceived preferential treatment to some operators.

 

 

 

Recommendation:

 

That Council support and fund the development and maintenance of a new tourism website to be co-ordinated by the Tourism Co-ordinator in collaboration with Council’s Information Technology staff and the Nambucca Valley Tourism Association Incorporated. 

 

 

OPTIONS:

 

An improved website is essential and no other option is realistic.  Council may however decide that it will not be responsible for the development and maintenance of the tourism website. 

 

 

DISCUSSION:

 

Bookings via Bookeasy have generally been declining in recent years and the NVTA decided not to renew its annual subscription as of 7 February 2017 as it was no longer cost effective.  They have opted for a month-by-month payment, essentially to keep the website in place.  The website and booking service are co-dependent – under the Bookeasy arrangement, losing one means losing the other.  As long as the Bookeasy website is still in place the booking facilities are in place, and to cut out this facility would require a lot of work by the Tourism Co-ordinator; when really the priority is a new website. 

 

Note:  Bookeasy Turnover - December 2015 to December 2016 decreased by 42.9%; and January 2016 to January 2017 decreased by 42.8%.

 

Some online bookings continue to come in (there are not a lot of bookings via the VIC itself anymore) and the commission on these – which goes to NVTA, helps offset the monthly fees. 

 

Council already has a role in this matter via its contribution of human resources to manage the current website and take bookings (Tourism Co-ordinator and volunteers) and Council also owns the website domain name. 

 

Given Council owns the domain name and that Council has broader interests in the tourism industry as opposed to a membership base, it is logical that Council is responsible for the development and maintenance of a new tourism website – obviously in consultation with the NVTA as peak representative body for the local tourism industry.  Further, Council’s Tourism Co-ordinator has the necessary skills to undertake maintenance so this should have no ongoing impact on Council’s Information Technology (IT) team.  In fact this arrangement may result in a strengthening of our online presence and duplication could be minimised eg events promotion.  Being located at the Council’s Administration Centre, as previously resolved, would provide other opportunities for collaboration between the Tourism Co-ordinator and IT staff.

 

In a number of previous reports on Tourism the Author has documented the demands on the Tourism Co-ordinator’s time (21 hours per week) from being located at and directly managing the Visitor Information Centre at Riverside Drive.  This role requires most, if not all, of the available hours.  Even though maintenance of the existing website is undertaken under existing arrangements, there is considerable work envisaged to establish a new website with accurate information and quality imagery.  Also, a series of requirements and quality controls would need to be developed and applied to content.  Council’s IT section does not have the capacity to undertake this and in any case, it is more appropriate for the Tourism Co-ordinator to take on this role as she has the expertise in the tourism field.

 

Just as an aside, it may interest Council to note recent reports are that “apps” are becoming out of favour or are proving to be not very successful in tourism.  Issues relating to the take-up (and cost of listings) often results in an incomplete picture of the range of providers or options available to visitors.  Further, time has shown that short-term visitors don’t bother to download an “app” but use other means to access information, including going straight to their favourite search engine.  

 

On the matter of social media however, the trend is very much to access information via one of these platforms.  There is potential to grow this via a new website using the skills of the Tourism Co-ordinator.

 

The estimated cost to establish a new website is somewhere around $6,000 to $7,000 which could be met within the existing tourism budget.  As a “one-off” Council could determine that its priority is for website development instead of destination marketing and make that the focus of expenditure before 30 June 2017.  One could argue that an effective and modern website is a form of marketing in itself and is the platform for other campaigns. 

 

 

CONSULTATION:

 

Manager Information Technology

Tourism Co-ordinator

General Manager – who notes the existing website is “tired” and “out of date” with the removal of the Bookeasy service and the imperative for a new website being the primary digital interface for the tourism industry.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified.

 

Social

 

Nothing identified.

 

Economic

 

A high quality and well maintained digital presence sends a positive message and can drive improved economic outcomes.  Having a dynamic and interesting web presence has positive spin-offs for the local tourism industry and community more generally.

 

Risk

 

Nothing identified in relation to this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing identified.

 

Source of fund and any variance to working funds

 

From within the existing $26,000 allocation “Promoting Advantages of the Area”.  An amount of $7,000 will be set aside and not allocated to advertising or promotions as planned.  The cost of the recent TV campaign with Southern Cross Austereo “Rediscover the Nambucca Valley” ($3,000) has already been allocated.  In regard to regional tourism campaigns (which potentially could require similar amounts), there is nothing currently on the horizon as the new Regional Board is getting settled in.  In terms of finances, the timing is good. 

 

Should Council proceed with development of the website as proposed, it is recommended that this be a matter of priority to complete the job this financial year and avoid a request for revote.

 

Consideration was given to charging a fee for website listing, however there is considerable work in raising invoices, chasing payment and then potentially missing key operators who can’t or don’t want to pay for a listing.  Further, this may delay development of the website and only result in a very small income anyway.  Websites such as Ilovebelloshire.com are free for a basic listing and only $45 pa for basic information plus photo, blurb and web-link.  If that is the going rate, it is unlikely to cover Council’s expenses anyway and once a fee for service approach is used, then expectations increase because of the fee paid.

 

Providing a listing at no charge fits with Council’s charter of providing equitable services and quality controls could limit, guide or refuse some listings or content.

 

Service level changes and resourcing/staff implications

 

A separate report to this Council meeting puts forward a proposal whereby tourism service levels are maintained at the Visitor Information Centre and at the same time frees up the Tourism Co-ordinator to undertake more across-industry work such as website development.  

 

Whilst the Tourism Co-ordinator maintains the existing website, the Position Description requires modification to include IT and social media as it is currently silent on these matters.  Although a new website will be developed by an IT specialist, there will be considerable time required to transition or collect information, imagery etc for a new website, at least in the early stages; as well as liaise with the industry.  The Tourism Co-ordinator is best placed to take on this work but it cannot be achieved whilst directly managing the VIC. 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager's Report

ITEM 10.8    SF2251            160317         Proposed Lease Nambucca Valley Visitor Information Centre

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

At its 13 October 2016, Council considered 3 reports relating to the Visitor Information Centre in Riverside Drive Nambucca Heads.  The reports dealt with Expressions of Interest to lease the building and the booking service being delivered by Council. 

 

Overall there were 6 recommendations to the October meeting – 2 were to receive the information (and were resolved that way) but the following 4 recommendations were for direct action:

 

1        That Council note the receipt of an Expression of Interest for the lease of the Visitor Information Centre by Nambucca Valley Craft and Art Incorporated, also noting that the proposal includes the provision of visitor information.

 

2        That Council’s Mayor, General Manager and Manager Business Development be authorised to negotiate a lease or licence with Nambucca Valley Craft and Art Incorporated for use of the Nambucca Valley Visitor Information Centre.

 

3        That Council note some of the priority areas for moving forward, including incorporating a new direction in the Integrated Planning and Reporting processes via the Community Strategic Plan and Delivery Program review.

 

4        That Council support the request by Macksville Ex-Services Club to establish a Level 3 Visitor Information Centre, noting that this is essentially “in kind” support.

 

A number of delegations to the October meeting supporting various options, together with a last minute Expression of Interest from Lifetime Connect, resulted in a decision by Council to defer these recommendations to March 2017.  This report will focus on the future of the building.  The other recommendations will be dealt with separately. 

 

 

 

Recommendation:

 

1        That Council’s Mayor, General Manager and Manager Business Development be authorised to negotiate a lease or licence with Lifetime Connect Incorporated for the Nambucca Valley Visitor Information Centre, with the continuation of the lease being subject to visitor information being available from the site. 

 

2        That Council support an application by Lifetime Connect for accreditation under the NSW Accredited Visitor Information Centre network. 

 

 

 

OPTIONS:

 

Council has numerous options regarding this matter.  Council may choose to do nothing ie business as usual, however with the imminent bypass of Nambucca Heads and Macksville, this is likely to only work in the short-term.  The proposal by Lifetime Connect provides the VIC with a future and at the same time provides an expanded role to the resident community.  Further, it allows Council to move from direct service delivery to a more strategic role in tourism.

 

 

DISCUSSION:

 

 

Following a number of reports in previous years, Council decided to review its role for the VIC and Tourism Co-ordinator for a number of reasons including a declining numbers visiting the centre, the imminent move of the Pacific Highway, a desire to focus more on destination marketing.

 

Firstly, some key points:

 

·      This discussion is NOT about closing the VIC but it is about doing things differently and getting the best value for the ratepayer’s dollar. 

·      It is not a debate about what Tourism brings to the economy or the past successes of the VIC.  It is about how tourism moves into the future; and becoming more focussed on destination marketing.

·      A building in Riverside Drive Nambucca Heads is not the only way to do business.  In reality the VIC mostly deals with people who have already found the Nambucca Valley.  It is not a driver of new visitation.

·      Although there was a small increase in visits to the Nambucca Valley VIC recently, foot-traffic to VICs is generally declining: VICs are becoming less pivotal to tourism industry success.

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

·      The need to move from Visitor “Centres” to Visitor “Services”. A visitor centre is only part of servicing visitors’ needs.

·      The concept of a relocation of the VIC was mentioned in reports to Council on 12 May 2016 and 23 February 2017, when the idea of co-locating library services and tourist information was floated.  There are numerous examples of where co-locating Council services has been highly successful however the viability and practicality of this combination in Nambucca Heads is untested. 

 

At its 16 June 2016 meeting, Council resolved:

 

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

 

Council staff proceeded to advertise and reports were presented to the 13 October 2016 meeting but a decision was deferred.

 

Note:  Concern was raised at the October Council meeting that people may not have been aware that there was the opportunity to lease the VIC.  Whether this is the case at that point is unknown, however since then publicity in the local media has ensured that the matter has remained in the public domain.  Also the original advertisement has remained on Council’s website and in the intervening period, Council has received 4 enquiries.

 

Six written Expressions of Interest have been received (copies attached) together with enquiries from a local business man keen to establish a restaurant on the site involving high profile chefs.  Two of the EOIs are from community based organisations the others are essentially commercial or Government. 

 

An outline of the EOIs follows:

 

Source

Proposed Services

Proposed Rental

Current Volunteers

 

Lifetime Connect

Tourist and community information, craft outlet, IT services.  Will pursue AVIC accreditation.

$100 per week + GST + Outgoings

2 year lease then 2x2 with options to extend

Stay, under Lifetime Connect management. 

 

 

Nambucca River Houseboats and Cruises

Promotion of their business but Council keeps and manages the VIC

$100 per week + GST

12 month lease, then 3x3

Stay, under Council management

 

Nambucca Valley Craft and Art Incorporated

Art and Craft Galley with Visitor Information

$80 per week (negotiable)

Stay, under NVCA management.

 

Beatrice Meitanas

Café and Visitor Information

$80 per week + GST + outgoings (negotiable)

Unknown but unlikely to have a role.

 

TAFE NSW Macksville Campus

Aboriginal Art Gallery and training; commencing at 2 days per week. Sale of works.

Up to $150 per week

Unknown but unlikely to have a role.

 

Leckie Law

Commercial premises

$150 per week

2 year lease with 2 year option

Interested in

purchase

No role for volunteers

 

From the discussion at the October 2016 meeting - that commercial concerns should be paying something akin to commercial rent; it is assumed that Council would be more likely to support the community-based proposals.  Further, the proposal by Nambucca River Houseboats and Cruises appears to be business as usual with the added complication of Council sharing the premises with a private operation.  Item 9.4 - 13 October 2016 discusses this proposal in detail and the conclusion is that this model of operation is not in the interests of Council.

 

Of the two community-based proposals, both meet Council’s requirements in terms of visitor information (the VIC and volunteers stay where they are), however Lifetime Connect is perhaps slightly ahead with a more comprehensive package being offered.  It includes the following functions and services:

 

·      Tourist Information Service

·      Pursue a level of Visitor Centre Accreditation

·      Provide computer terminals, Wifi hotspot and mobile phone charging

·      Continue face to face customer service

·      Outlet for local arts and crafts and goods produced by local community

·      Maintain current relationships e.g. driver change over for bus route Sydney to Brisbane

 

Lifetime Connect is a community based organisation that specialises in providing local services in local communities. Lifetime Connect is committed to person-centred care and support services. It is also actively involved in strengthening local communities and in creating links and opportunities for individuals to connect with their community.  Services offered are wide ranging and not just in the care spectrum:  Men’s Shed, Family and Community Support, Macksville Community Garden, No Interest Loans Scheme.

 

The proposal by Lifetime Connect, which will deliver a combination of community and visitor information, would benefit Nambucca Heads and would further develop the Riverside Drive site as a hub of activity for the town.  Residents wanting access to community support services will have a local office for enquiries and referral without having to travel to Macksville.  (To some extent this occurs under existing arrangements eg locals call in to collect the paper and the Home and Community Care brochure is stocked at the VIC.)  The site also becomes an entry point to community volunteering either at the Centre or through a range of opportunities provided by the organisation across the Valley in community care, Men’s Shed, community gardens etc.

 

Lifetime Connect has expressed an interest in maintaining a level of accreditation for Visitor Information Centres.  Council’s Manager Community Development or Tourism Co-ordinator would be able to assist if required and the Tourism Group (which manages accreditation on behalf of Destination NSW) also has support available.  The process is quite defined and meeting accreditation should pose no problems for the organisation.  In fact it may coincide with the Macksville VIC process, so the two could be developed together.

 

A separate report to Council deals with a decision by NVTA to end its subscription to Bookeasy which will mean that the booking service currently provided at the VIC will be discontinued and operators will manage their own bookings.  This change will further streamline service delivery at the VIC with the end result being a focus on information and sale of local products or souvenirs.   A spin-off is that there will be less volunteer training required as they would no longer be processing bookings on Bookeasy.

 

Under the proposed model of service delivery at the VIC, support for volunteers actually increases as it comes from 2 sources:  Lifetime Connect (with its vast experience, volunteer training program, protocols and insurance) as well as continued support from the Tourism Co-ordinator who currently keeps volunteers up to date on industry changes via SMS or email as the volunteers are rarely together in a group.  The famils (site visits to new or changed tourism operators and facilities) would continue, but be expanded to include the (proposed) Macksville VIC and indeed others if they develop.

 

The existing telephone number would remain unchanged and the 1800 number could continue.   Sale of products from the site will also continue under the proposal.

 

Although time has passed; the Highway upgrade is getting closer and despite the Nambucca Valley Tourism Association’s (NVTA) support to call for EOIs and relocate the Tourism Co-ordinator to the Council Administration Centre (Council meeting 12 May 2016) there is still some community support to maintain the status quo ie Council does nothing differently.  A number of letters calling for no change have already been circulated to the Mayor and Councillors. 

 

Unfortunately not changing doesn’t equate to change not coming. 

 

The experience at Urunga VIC was a rapid and dramatic fall in customers post-bypass.  So much so that Bellingen Shire Council has listed the property for rent along similar lines to the action by Nambucca Shire Council.  At Coffs Harbour, there has been a highly publicised debate over their VIC which has ultimately resulted in the closure of a central VIC and the establishment of numerous outlets for visitor information, the introduction of an ambassador program and a variety of promotion strategies.  The bypass at Kew initially prompted the closure of the VIC, however this was re-opened some time later, but it operates entirely independent of the local Council.  At Kempsey, the VIC is now operated by the Slim Dusty Centre. 

 

There is an expectation that Council will provide support to the Tourism Industry.  Given there are limited resources, we again come back to the question of how best to do this?   The conclusion is that Council drives destination marketing and new visitation; with the NVTA Board, industry and community servicing people who have already found the Valley.  The latter can be in partnership with Council but it should not be Council’s primary focus.

 

 

CONSULTATION:

 

General Manager

Manager Business Development

Tourism Co-ordinator

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified.

 

Social

 

There is no doubt that the VIC provides a social outlet for volunteers, however this should not be a reason for Council to continue direct operations of the Centre.  On the other hand, there is nothing in the Lifetime Connect proposal to indicate a major shift away from this kind of atmosphere and opportunity. 

 

Economic

 

Much is made in public discussion of the importance of tourism as an industry to the local economy.  This is not debated; however to equate a change in the model of operations at the Riverside Drive VIC site with a threat to the industry generally, is.  The current way of doing business does little to grow tourism as it is essentially catering to existing customers. 

 

Risk

 

A small reputational risk only because the Council has been associated with the VIC in the past, however this is likely to be short-term.  There may also be the risk that Lifetime Connect discontinue with the lease but this this would be mitigated by the size of the organisation given its budget, government funding sources and staff numbers.  The offer is also potentially for 6 years (2 years on a 2x2 year lease) with options to extend.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

From a financial point of view, the Lifetime Connect proposal could not be considered a commercial level of rent for the premises but it does provide Council with some income, where previously it was all expenditure.  In terms of day-to-day takings, Council will not be faced with a loss of income as profit from souvenirs currently goes to NVTA and the continued sale of Beach Permits (Council’s only source of income at the site currently) could be negotiated.  The building is in excellent condition following a renovation program during 2014-2016 and therefore the next anticipated large expense is repainting around 2021.

 

Source of fund and any variance to working funds

 

It is proposed that the rental realised from the lease of the premises be treated as income to the Tourism budget and be specifically allocated to destination marketing.

 

Service level changes and resourcing/staff implications

 

The proposal from Lifetime Connect maintains current service levels at the Riverside Drive site.

 

·      Information Centre stays with a slightly expanded scope to include general community information.

·      Volunteers stay with support from at least 2 sources.

·      Current telephone numbers could continue.

·      Website is re-developed without a booking service therefore reducing volunteer training and Tourist Co-ordinator’s time to manage.

·      Access to the public toilets, public telephone (subject to Telstra), bus stop, sewer dump point, river jetty and parks remain unchanged.

 

Previous reports which have looked into and documented the amount of time required to directly operate the current VIC show that the Tourism Co-ordinator’s 21 hours per week are largely spent either keeping the doors open or providing direct support to the NVTA Board.  Little if any time is available for industry-wide initiatives, destination marketing, social media, online marketing and product development – key approaches for tourism in the digital age.  Hence Council’s decision that the Co-ordinator would be based at the Council Administration Centre and that the role will become more strategic.  Promotion of the valley as a desirable tourist destination, assisting Council to provide services and infrastructure for visitors and tourists, co-ordinating destination development and marketing initiatives for the Shire, as well as fostering quality visitor information sites across the Shire, will become the focus of the position.  Under this approach the Council would be providing additional support for the industry.

 

Attachments:

1

33995/2016 - Visitor Information Centre Leasing and Tourism Update

 

2

34920/2016 - Visitor Information Centre Leasing - Additional Request

 

3

6247/2017 - Expression of Interest for Nambucca Heads Visitor Information Centre from Lifetime Connect

 

4

34861/2016 - Copy of Expression  from Nambucca River Houseboats and Cruises

 

5

33144/2016 - Expression of interest in leasing Visitor Information Centre and to provide visitor information

 

6

6452/2017 - Expression of Interest - Nambucca Valley Visitor Information Centre from TAFE NSW Macksville Campus

 

7

7891/2017 - Expression of Interest - Nambucca Valley Visitor Information Centre from Beatrice Meitanis

 

8

7900/2017 - Expression of Interest - Nambucca Valley Visitor Information Centre from Kelli Leckie

 

  


Ordinary Council Meeting - 16 March 2017

Proposed Lease Nambucca Valley Visitor Information Centre

 

General Manager's Report

ITEM 9.8      SF2251            131016         Visitor Information Centre Leasing and Tourism Update

 

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

 


 

Summary:

 

This is a follow up report following a number of decisions regarding the future of the Visitor Information Centre (VIC), a tourism presence at the BP Highway Service Centre at Nambucca Heads and the future focus of the Tourism Co-ordinator position.

 

In the past, two of the key ways Council supported tourism was to operate a Visitor Information Centre and to undertake bookings for industry operators.  In a changing environment where on-line bookings and digital marketing have become the norm, Council needs to be more proactive and take information to the visitor how and when they want it, instead of hoping the visitor comes to the information.  Hence the move to becoming more strategic.

 

Another important reason Council has decided to change way it supports Tourism is that the existing model of VIC is becoming out-dated and will be adversely affected by the imminent relocation of the Pacific Highway.

 

 


 

Recommendation:

 

1        That Council note the receipt of an Expression of Interest for the lease of the Visitor Information Centre by Nambucca Valley Craft and Art Incorporated, also noting that the proposal includes the provision of visitor information.

 

2        That Council’s Mayor, General Manager and Manager Business Development be authorised to negotiate a lease or licence with Nambucca Valley Craft and Art Incorporated for use of the Nambucca Valley Visitor Information Centre.

 

3        That Council note some of the priority areas for moving forward, including incorporating a new direction in the Integrated Planning and Reporting processes via the Community Strategic Plan and Delivery Program review.

 

4        That Council support the request by Macksville Ex-Services Club to establish a Level 3 Visitor Information Centre, noting that this is essentially “in kind” support.

 

 

 


OPTIONS:

 

Council has the option to adopt the recommendations or make different resolutions however it is preferred that the matter not be further deferred.  It will noted there has been numerous reports to the previous council on the subject and any changes in operations need to be implemented and “bedded down” before the Christmas and January school holidays.

 

DISCUSSION:

 

BACKGROUND

 

There have been numerous reports on tourism and the future of the Visitor Information Centre, going back over 6 or 7 years.  For those interested in more of the background, reports are available on Council’s website as far back as 2008, however look for reports to Council on: 27 September 2012, 12 December 2012, 10 July 2013, 14 August 2013, 11 December 2014, 12 February 2015, and 17 March 2016.

 

KEY ISSUES IN SUMMARY

 

For some time, Nambucca Shire Council has been grappling with changes in the tourism industry as travellers use more digital or online approaches to planning and enjoying their holidays.  In addition, being “Fit for the Future”, the relocation of the Pacific Highway and the model of operation at the current Visitor Information Centre (VIC) has prompted Council to examine exactly how it is supporting tourism as an industry.

 

In recent years, Visitor Information Centres have come under scrutiny for their relevance and value as the current VIC model was developed in a time before mobile technology, online bookings etc.  Various research shows that the model of operation needs to change.  Face-to-face service is valued but there needs to be more diverse approaches.  Further, Nambucca Shire Council has been working towards more strategic support for the industry as a whole and moving away from direct service delivery. 

 

As most people are aware Nambucca Shire Council has been declared Fit for the Future and it is a priority that Council and staff work towards remaining financially fit.  Therefore Council has been examining all aspects of its budget, including tourism, to ensure the best value for the ratepayer.  Whilst the Council has many pressing demands for its limited funds, it is expected that Council's financial commitment to tourism marketing and promotion of approximately $163,000 per annum will remain.  Given the changes to the Highway and in technology, the deliberations are about the most effective application of these funds. 

 

The relocation of the Pacific Highway will reduce traffic volumes on the existing Pacific Highway at the Riverside Drive intersection from approximately 11,000 vehicles per day to 5,500 vehicles per day.  The vehicles remaining on the existing Pacific Highway, which is to be renamed Giinagay Way, will be almost entirely local traffic.  If the experience at Urunga is anything to go by, visitation to the current VIC will drop significantly.  Already, changing research and booking practices by visitors is impacting - the number of enquiries to the VIC at Nambucca Heads decreased by 19.5% in 2015-2016.

 

Council has also looked into the model of VIC it is operating.  There is significant direct support to the Nambucca Valley Tourism Association Inc. (NVTA Board) and to some local operators, which has also prompted consideration of a model where Council focuses on across-industry and destination marketing.  Further, this approach separates the responsibilities of Council and the Nambucca Valley Tourism Association Incorporated, allowing each to operate independently and avoiding potential conflicts of interest, but to still collaborate.  This will be similar to how Council works with the Chambers of Commerce.  It is also worth noting, that the views of the NVTA Board and operators of tourism businesses, do not always correspond and this can put Council in a difficult position at times when the two don’t agree.

 

2016 has seen a number of Council decisions designed to move forward.  The decisions should not be wrongly interpreted as Council not supporting tourism or withdrawing support – it is a change in direction and a change in priorities. 

 

RECENT DECISIONS – UPDATE ON PROGRESS

 

A comprehensive report to Council on 12 May 2016 considered various options for the future of the VIC including renting the current VIC, leasing a space at the BP Travel (new Highway Service) Centre, co-locating visitor information with library services and locating the Tourism Co-ordinator at the Council Administration Centre for a more strategic focus.

 

The NVTA Board made a delegation to the meeting and proposed that:

 

·      Face-to-face information service delivery has to be maintained;

·      Council leases the current Visitor Information Centre (VIC) as a café with a Level 3 Visitor Information Centre included;

·      Rent space for a VIC at the New Highway Centre, shared with Bellingen;

·      Count NVTA’s 25% membership contribution into calculations, currently around $3,000 per annum;

·      Place the Tourism Co-ordinator in Macksville at the Council Administration Centre to operate from there; and

·      Make the towns of Nambucca Heads and Macksville shine in their best light after Highway upgrade completion by signage and Tourist Drive inclusion.

 

Council made the following decisions at the 12 May meeting:

 

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

 

Note:  A report to Council on 16 June asked for a rethink due to the constraints this would place on a potential business so Council resolved to call for Expressions of Interest to rent or lease the existing Visitor Information Centre, with all EOI’s to include proposals for the provision of visitor information, removing the requirement for floor space which is extremely limited. 

 

2.   That Council continue to pursue a visitor information outlet at the BP Travel Centre, including investigation of the viability of a no-cost option.

 

3.   That, should a staffed visitor information outlet be favoured at the Travel Centre, Council seek Expressions of Interest from organisations interested in operating it.

 

4.   That the Tourism Co-ordinator be permanently based at the Council Administration Centre to allow for an increased strategic focus. 

 

5.   That Council make a formal application to the Tourist Attraction Signposting Assessment Committee for the old Pacific Highway (Giinagay Way) to become a Tourist Drive.

 

Leasing the VIC.

 

Following a 6 week campaign (including 4 weeks advertising in the Mid Coast Observer, Coffs Coast Advocate and on Council’s own website plus direct advice to industry operators) during August/September, the Council has received one formal Expression of Interest (EOI) from Nambucca Valley Craft and Art Incorporated. 

 

Nambucca Valley Craft and Art Incorporated (NVCA) has around 26 members with a strong volunteer base and has been operating in the local area for 16 years.  The incorporated association is essentially a cooperative which uses its volunteer member artists and crafters to retail their locally produced work.  The high cost of rent has forced the shop to move a number of times over the years and meant a reliance on fundraising to stay afloat.  A stable, more affordable home would allow members to focus on a wider range of cultural and community activities.  The EOI proposal addresses the provision of visitor information and therefore fits with Council’s desire for tourist information to continue to be available from the site.  A wall-mounted display is proposed which can maximise the printed material available and leave maximum floor space available for the display of crafts. 

 

The proposal being considered has a number of very positive attributes which appear to cover both Council’s and the NVTA’s priorities:

 

·      A Visitor Information Centre continues to operate at the current site.

·      The dual promotion of 2 of our key industries - tourism and the creative arts.

·      A continuation of a face-to-face information service. 

·      Operates under a similar model involving volunteers and some of council’s current VIC volunteers may wish to transition to the NVCA and remain at the Centre, potentially broadening the volunteer pool and strengthening the service.

·      Hand-over can be managed to minimize impact on the customer, and be completed and be fully operational prior to summer holidays.

·      There is nothing to indicate that the Centre would not continue to meet a level of Visitor Centre Accreditation.

·      Provides an income to Council to offset the building’s operational expenses.

·      It will operate independently of Council.

 

Nambucca Valley Craft and Art Incorporated are offering Council $80 per week + GST + outgoings (which are yet to be determined and negotiated).  This is less than what Council would expect from a commercial enterprise but given the dual promotion that the NV Craft and Art will provide and the social enterprise component, together with the reasons noted above, this is considered an attractive proposition for Council.  It provides some income from the building to offset weekly costs of around $140 and fits within Council’s current budget. The organisation is also expected to provide its own Contents, Public Liability and volunteer insurances. 

 

The proposal, which appears to offer Council and the NVTA what they both are aiming for, is significant to Council as it also facilitates the move to a more strategic approach to tourism, with the community/industry providing direct visitor information services.

 

Also, the proposal would complement other tourism information outlets such as the new Travel Centre at the northern entrance to Nambucca Heads; the 3 community booths which are serviced by the NVTA (outside Nambucca Liquor, Bowraville Post Office, and Bridge Café Macksville); and the 6 Visitor Point information sites (White Albatross, Nambucca Holiday Park/Swimming Creek, Valla Beach Resort, Pelican Park, Aukaka, and Nambucca River Tourist Park). 

 

Council also may be interested to note that it has received an expression of interest from Macksville Ex-Services Club to establish a Level 3 VIC at the Club.   Its high visibility, opening hours and accessibility make it an ideal addition to the network of information outlets.  It will also interest businesses in Macksville as they prepare for post by-pass.  An early assessment indicates that the site would meet the requirements set down by Destination NSW and feedback is that approval could be obtained before the Christmas Holidays.  This report to Council is timely in that it can consider this proposal noting that the application will require Council support – in reality this is mostly a monitoring role that would be undertaken by the Tourism Co-ordinator. 

 

Note:  For those interested in “accreditation” for visitor centres, there are National Standards which are comprehensive and address all elements of a Visitor Information Centres’ operation. The Nambucca Valley VIC as it currently stands is Accredited Level 2.  An attachment outlines the differences between the (minimum) requirements of accreditation levels.  Those in the know, will be aware that there is a change in the company administering the AVIC scheme, but Destination NSW have advised that there will be no major changes to accreditation processes. 

 

Whilst it is not a café as suggested by NVTA, the lease would not prevent the organization from including this in their business model eg morning or afternoon tea; nor would prevent the sale of local food-related products.  In fact, this would be encouraged to further promote the Valley.  The lease also recognizes that the tenant may wish to offer a range of tourism-related services eg bookings for income generation.   This would be by negotiation with local providers or the NVTA Board if it decides to continue with its booking software “Bookeasy”.  There is an opportunity for both organisations to work together to achieve mutually beneficial outcomes.

 

Note:  Council has no control over this aspect of the VIC going forward.  Although Council staff and its volunteers have provided this service, the software is owned by NVTA and it is the Association which keeps the commission.   Interestingly, bookings taken at the VIC are mostly declining and bookings are not generally a key reason for visitors to use a VIC.  The latest research, a June 2016 report on Visitor Information Servicing in NSW by Tourism Research Australia shows that visits to VICs are mostly information related.  Maps of the area (53% visitors), information on attractions (51%) and local events (24%) and directions (8%) were reasons to visit a VIC.  Only 14% wanted information on or booked accommodation.  The model of operation proposed by the Craft and Art Association would appear to be well able to meet these enquiries.

 

Highway BP Service Centre – Rental of Space

 

The decision to investigate this option is largely related to the Highway diversion and the construction of the Highway Service Centre at the northern entrance to Nambucca Heads. 

 

Previous reports to Council show that this was going to be a challenge due to the commercial rent (between $30,000 and $50,000 per annum) and location of the Centre at the north of the Valley. A shared lease with Coffs Harbour and Bellingen is also not viable.  Coffs Harbour City Council is discussing moving away from this model and advised Council that it would not contribute financially.  Although Bellingen were more interested, a firm financial commitment has not been forthcoming.

 

In any case, BP has commercial interests which must be considered. Most recently, the requirements of the Centre’s commercial tenants has resulted in local government being effectively ruled out of this proposal.  Council’s Manager Business Development has explored the concept of local businesses (mainly product related) having a presence at the new Centre, however this proved beyond their financial scope given the likely rents noted above. 

 

The timing of this has also proved tricky as Council is only just considering the EOI for the current VIC.  At one point it seemed possible that should a commercial tenant be found, then this could offset a small presence at the Service Centre.

 

The main priority at the moment, given the Centre’s imminent construction, is to ensure the location of tourism brochure displays and local imagery.  There is no cost associated with either of these as they are a requirement of Roads and Maritime Services in their lease of the land. 

 

Having said all that, there may still be the opportunity to provide some direct service to travellers at peak times.  Council has asked that the door remain open on this concept as a presence could be accommodated after construction via a small booth, however still at a cost.

 

Location of the Tourism Co-ordinator

 

Previous reports which have looked into and documented the amount of time required to directly operate the current VIC show that the Tourism Co-ordinator’s 21 hours per week are spent either keeping the doors open or providing direct support to the NVTA Board.  Little if any time is available for industry-wide initiatives, destination marketing, social media, online marketing and product development – key approaches for tourism in the digital age.  Hence Council’s decision that the Co-ordinator would be based at the Council Administration Centre and that the role will become more strategic.  Promotion of the valley as a desirable tourist destination, assisting Council to provide services and infrastructure for visitors and tourists, and co-ordinating destination development and marketing initiatives for the Shire, will become the focus of the position. 

 

A tentative date for relocation was 5 September 2016, however this was delayed at the request of the NVTA Board so that it could consider how it would manage its own administration.  It is not recommended to delay this further as it creates uncertainty for the employee. 

 

Application for Tourist Route

 

Council’s request for Giinagay Way to become a Tourist Drive has not progressed at this stage. The Tourist Attraction Signposting Assessment Committee (TASAC) has not been accepting applications for new tourist drives since 2011 when a review of existing numbered tourist drives commenced. While the review has resulted in the upgrading of signage and promotional material for many of the State’s numbered tourist drives, the review process is still ongoing for several drives and therefore new ones are not being considered at this stage.

 

Nothing would prevent Council from establishing a scenic drive of its own if TASAC continues along the lines above.  However, there can be very high costs associated with establishing and maintaining signposting for tourist drives. Therefore, many local authorities are choosing not to use signage solutions to encourage visitors to explore hinterland areas and instead are employing digital and / or hard copy promotional material as a more cost effective and flexible way of achieving this objective.

 

Council staff will continue to pursue the concept of a Tourist Drive with TASAC and report back.

 

WHERE TO FROM HERE?

 

It is proposed that Council’s Mayor, General Manager and Manager Business Development negotiate a mutually agreeable lease or licence for the Visitor Information Centre with Nambucca Valley Craft and Art Incorporated, with the aim that they be fully operational by mid-December.

 

Council would work with the Macksville Ex-Services Club to establish a Level 3 Visitor Information Centre in Macksville by mid-December.

 

The Tourism Co-ordinator will be relocated to the Council Administration Centre to enable more active involvement in planning post by-pass and in various tourism-related infrastructure projects either being planned or developed. 

 

It is proposed to finalise the Tourism Marketing Blueprint being developed in partnership with My Travel Research.

 

The Tourism Co-ordinator, Manager Business Development and Manager Community Development will collaborate and participate in the development of the new Community Strategic Plan ensuring tourism priorities and goals are included in the Integrated Planning and Reporting Processes.

 

Council will also need to finalise the location of the visitor information and local imagery for the BP Service Centre as a matter of priority.

 

The other immediate priority would be for the Tourism Co-ordinator and Nambucca Valley Craft and Art to work together on a transition for any volunteers wishing to stay at the current VIC location.

 

CONSULTATION:

 

General Manager

Manager Business Development

Tourism Co-ordinator

Manager Human Resources

Safety and Risk Officer

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified.

 

Social

 

The social aspect of volunteering is well recognised and is considered in the proposed future operations of the VIC. 

 

Economic

 

There is no debating the importance of tourism to the local economy, however in order to drive industry growth, operations need to change. Product development, improvements to infrastructure, negotiating media/advertising deals, promotions through social media, events and hosting small conferences are all areas where Council could assist the industry, having moved away from direct visitor information to visitor services more generally. 

 

Risk

 

With change comes a risk to reputation but this is considered small as Council has expressed no intention to withdraw or reduce support to tourism as an industry.  There will however be less direct financial and staff support to the NVTA Board and individual operators, allowing for increased support to destination marketing etc.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Whilst the exact details of the VIC lease is to be determined, the proposal provides Council with some income where previously it was all outgoing/expenditure.  The negotiation will aim to bring into balance income from rental with operational expenses, however this should not be the main focus of the exercise.  Council can afford, within its existing budget, to subsidise the proposed Information and Craft/Art Centre to a small extent as it’s continued to support, not only to Tourism but the Creative Arts sector as well.

 

Source of fund and any variance to working funds

 

Nothing required. 

 

Service level changes and resourcing/staff implications

 

Council does not currently offer any of its core services from the site.  The only Council-related business is the sale of Beach Permits and these are available from a number of other outlets in Nambucca Heads.  Traditionally Council business, such as document exhibition has been available through its Library and with the increasing move to web-based exhibition of material, this is becoming less frequent.

 

Although the Tourism Co-ordinator will be located at the Council Administration Centre, the position remains at 21 hours per week and at its current Grade.  There will however be a change of role as the position becomes more focussed on industry-wide outcomes, destination marketing and our on-line tourism presence. 

 

 


Attachments:

1

34488/2016 - Overview of Accreditation Levels and Criteria for Visitor Information Centres

 

 


Ordinary Council Meeting - 16 March 2017

Proposed Lease Nambucca Valley Visitor Information Centre

 

General Manager's Report

ITEM 9.14    SF2251            131016         Visitor Information Centre Leasing - Additional Request

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 


 

Summary:

 

Council has received another expression of interest regarding the Visitor Information Centre (VIC), from a local business, Nambucca River Houseboats and Cruises (Rob and Robyn Kennedy)

 

In addition, the attached email to industry operators from the Secretary Nambucca Valley Tourism Association Incorporated appears to be related to the above letter, and is therefore also discussed in this report.  

 

The letter and email were received after publishing of the Business Paper, however as they pertain to reports being considered by Council at this meeting, it is relevant to present them as a Late Item. 

 

Note:  Also attached to this report is a copy of the Expression of Interest from Nambucca Valley Craft and Art Incorporated.  Although it was referred to in Item 9.8, a copy of the actual document was not attached. 

 

 


 

Recommendation:

 

That the report be received for information.

 

 


 

OPTIONS:

 

No options are being presented.

 

 

DISCUSSION:

 

A letter from Nambucca River Houseboats and Cruises has been received by Council, proposing a rental of $100 per week plus GST for a small area of the VIC, which could comprise a wall and/or window space, to promote the Houseboat and River Cruise business.  (See attached.) 

 

Firstly if the offer from the Kennedys was for entire building, it would be inappropriate for Council to enter into a commercial lease with an individual operator for this level of rent.  However, the offer is for a small area of the building and although the letter is silent on who operates the remainder, the email from the Secretary of the NVTA implies this would be Council continuing to operate under a business as usual approach (taking bookings, Tourism Co-ordinator located there).  If this is the case, this poses a number of problems for Council:

 

1.   Council would be seen to favour one business. 

2.   The operator’s expectations of support from the Tourism Officer, volunteers and Council generally.

3.   The cost-benefit.  For an output of some $5,600, the business has direct access to around $60,000 of Council resources plus the services of volunteers, access to Jetty, car park and pump-out. 

4.   A large proportion of Council’s Tourism resources are still focussed on the “bricks and mortar” at Nambucca Heads.

5.   Council has already made decisions to move away from direct support to local businesses and towards being more strategic.

6.   Council may find it difficult to lease the remainder of the building.

 

Should the proposal be for another entity eg a community organisation, to operate from the remainder of the building this would be less of a problem for Council but would need to be well thought-through so that each party’s interests were covered.  It may also make a lease unnecessarily complicated.  Therefore the only option is to simply note the offer of rent from Nambucca River Houseboats and Cruises.

 

The email from the Secretary of the NVTA refers to another expression of interest being sent to Council and although it is not named, it can only be that from the NR Houseboats and River Cruises, but having said that, the two items (the letter and email) appear to be at odds. 

 

For example, the letter from Rob and Robyn Kennedy makes no mention of retaining a Level 2 VIC (with or without Council’s support) and yet the NVTA is stating that the local operator wishes to still incorporate the full Level 2 visitor information services with Council’s assistance.  If the NVTA is proposing that volunteers and Council’s Tourism Co-ordinator continue business as usual, but that they provide direct support to an individual business, this clearly puts Council into a position of conflict of interest and cannot be supported.  Unfortunately the email doesn’t appear to offer any new way forward either, instead it equates change at the VIC to Council withdrawing support for Tourism or determining the “fate of Tourism in the Nambucca Valley”.  Council has not reached its position regarding the VIC or a new future for Tourism overnight. There have been numerous reports on related matters over previous years and some 5 months since Council decided to call for expressions of interest to lease the building (with provision for tourist information).  Yet, if the presence of this building in its current location is crucial to the entire industry’s future, the NVTA are not offering any solutions or suggestions for how it may assist.

 

The proposal by Nambucca Valley Craft and Art Incorporated does offer a future life for visitor information at the site, not dissimilar from the current model (sale of local products, involving volunteers, provision of information) but managed by the community.  There are numerous similar and successful examples of this model such as Eurobodalla’s VIC at Narooma which is now operated by Montague Arts and Crafts Society.

 

There would however be a change to the level of Accreditation with Level 3 being the most appropriate.  (See attachment at Item 9.8)  This site would still be a part of the Visitor Centre network and be able to use the yellow “i” and maintaining Level 3 status could be a condition of the lease.  Whilst Level 3 sites are not sign-posted on national highways, and it is debatable whether the current site is actually Level 2 anyway; to make that a major reason to just leave things the way they are is to entirely miss the point about moving into the future of digital marketing, smart phones and social media. 

 

Note:  The Kennedy’s request for signage is a matter for Council’s planners and subject to Signage Policy.  It is therefore excluded from this report and will be considered separately.

 

 

CONSULTATION:

 

General Manager

Manager Business Development

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified from this report.

 

Social

 

There are no social matters identified. 

 

Economic

 

From an economic point of view an increased level of rent to Council (from two sources) looks attractive, however a lease and sub-lease or having two competing interests contributing to the rent of the same building may not be workable.

 

Risk

 

If there is a risk to Council’s reputation from bringing about changes in the way it delivers Tourism services, two ways of mitigating this are to ensure information being circulated is accurate and to operate in a fair and ethical manner.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing identified.

 

Source of fund and any variance to working funds

 

Nothing required.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels or staffing proposed by this report.

 

Council is likely to maintain the current public toilets for practical reasons regardless of future use of the VIC site. 

 


Attachments:

1

34861/2016 - Expression of interest from Nambucca River Houseboats and Cruises

 

2

35015/2016 - Future model for operating of Visitor Information Centre (NVTA)         

 

3

33144/2016 - Expression of interest in leasing Visitor Information Centre and to provide visitor information

 

 


Ordinary Council Meeting - 16 March 2017

Proposed Lease Nambucca Valley Visitor Information Centre

 

 

Michael Coulter

General Manager

Nambucca Shire Council

PO Box 177

Macksville NSW 2447

 

 

Dear Michael,

 

Please find attached Expression of Interest regarding the Nambucca Heads Visitor Information Centre as discussed with Community Development Coordinator Paul Sekfy.

 

Lifetime Connect is an outwardly turned organisation committed to collaboration as the main avenue to community capacity building and resilience and we have always believed in a coordinated approach to community information.

 

Lifetime Connect has a long history of accountability and excellence in governance.  LC currently has an annual budget in excess of $4.5 million, around 100 staff and has met accreditation and quality standards in the areas of child care, aged and community care, and more recently for the NDIS.

LC Board is elected annually from our membership and includes high level financial industry, health industry, private sector and community management experience.  The Board is supported by a highly experienced management team.

 

We have a commitment to ensuring that Nambucca Heads maintains an ongoing profile supporting the local tourism industry.

 

We hope you look favorably upon this expression of interest and look forward to hearing from you shortly.

 

Yours Faithfully,

 

Glenys Munro

General Manager

Lifetime Connect

generalmanager@lifetimeconnect.org.au


 

EXPRESSION OF INTEREST

 

NAMBUCCA HEADS VISITOR INFORMATION CENTRE 57 Riverside Drive, Nambucca Heads

 

LIFETIME CONNECT PROPOSAL

 

Lifetime Connect proposes to establish the facility as a Community Information Centre and maintain the current functions in relation to tourism information.  Lifetime Connect is interested in working with current volunteers at the facility to enable them to continue their commitment to the community and provide support, supervision and training. Lifetime Connect is also ready to collaborate with other community organisations to provide some outlet arrangements for various locally produced items. 

 

Lifetime Connect offers $100 per week (+GST +Outgoings) for 2 years on a 2x2 year lease with options to extend.

 

WE WILL PROVIDE THE FOLLOWING FUNCTIONS AND SERVICES:

·    Tourist Information Service

·    Pursue to meet a level of Visitor Centre Accreditation

·    Provide computer terminals, Wifi hotspot and mobile phone charging for the community

·    Continue face to face customer service

·    Outlet for local arts and crafts and goods produced by local community

·    Maintain current relationships e.g. driver change over for bus route Sydney to Brisbane

Lifetime Connect is one of Nambucca Shire’s larger employers, with outlets in Macksville, Nambucca Heads and Coffs Harbour. Lifetime Connect is a not for profit, registered charity which has been operating in the Shire for 44 years.

 

LC offer a uniquely broad range of community services to the local community covering the range from early childhood to community aged care.  Specific services include Family Day Care, Eungai Pre-School, Family Support, Commonwealth Home Support, Veteran’s Home Care, Nambucca Valley Men’s Shed, No Interest Loans Scheme, Macksville Community Garden and community development support.  A full range of our services and more information about LC can be found at our website http://lifetimeconnect.org.au/ .  Lifetime Connect is an outwardly turned organisation committed to collaboration as the main avenue to community capacity building and resilience.

 

GOVERNANCE

 

LC has a long history of accountability and excellence in governance.  LC currently has an annual budget in excess of $4.5 million, around 100 staff and has met accreditation and quality standards in the areas of child care, aged and community care, and more recently for the NDIS.

LC Board is elected annually from our membership and includes high level financial industry, health industry, private sector and community management experience.  The Board is supported by a highly experienced management team.

 

COMMUNITY NEEDS

 

Lifetime Connect has for some time been concerned about the lack of a community information service in Nambucca Heads.  These concerns have been shared by NSW Family and Community Services during service activity negotiations related to Community Builders Program funding. Historically there have been several attempts by community groups, often supported by Council to establish and maintain a community centre in Nambucca Heads, but failure to secure recurrent funding and appropriate affordable premises has seen these efforts not sustained.

 

Most recently the Nambucca Heads Community Centre operated from the Girl Guides building in Ridge St Nambucca Heads until it became unviable.  The C3 Food Hub which currently operates from this location is a well-used and highly valued replacement activity.

 

Since the closure of the Nambucca Valley Neighbourhood Centre, based in Macksville in 2014, Lifetime Connect has continued to provide community information and referral services from our main office at 23 Wallace St Macksville and our other outlets. Our capacity to do this in Nambucca Heads is extremely limited. 

 

The Nambucca Youth Services Centre has reported a substantial increase on older adult inquiries for information and referral at their centre with limited capacity to provide for these requests and an increasing negative impact on their ability to provide age specific programs for their youth target group.  Recent correspondence from this agency has indicated that they will be unable to continue to provide a local outlet for our No Interest Loans Scheme due to these pressures.

 

In summary Nambucca Heads, with population catchment of approximately 10,000 needs a community centre.  For comparison, Bellingen Shire provides premises for Neighbourhood Centres in both Bellingen and Urunga with substantially smaller populations.

 

PROPOSED ACTIVITIES

 

Lifetime Connect sees the provision of general community information and tourism information as complementary.  Whist there is specific processes related to the provision of tourism information services which are outside our experience, we have more than 30 years’ experience providing information and referral services to the general community including tourism content.

 

We propose to combine the needs for localised tourist information with more general community information and provide this service on a weekday basis using volunteers and our existing staff resources to supervise and support these volunteers.  We have considerable experience working with volunteers in this situation having operated the community centres in the local area in the past, and maintaining a large volunteer base in our other activities namely food services and social support.

 

Lifetime Connect is keen to work with existing volunteers at the Tourist Information Centre both to enable them to continue their commitment to the community but also to tap into their specific experience in relation to tourism.

 

 

 

 

 


Ordinary Council Meeting - 16 March 2017

Proposed Lease Nambucca Valley Visitor Information Centre

 


Ordinary Council Meeting - 16 March 2017

Proposed Lease Nambucca Valley Visitor Information Centre

 


Ordinary Council Meeting - 16 March 2017

Proposed Lease Nambucca Valley Visitor Information Centre

 

Ms Coral Hutchinson

Manager Community Development

Nambucca Shire Council

PO Box 177, MACKSVILLE NSW 2447

 

TAFE NSW Macksville Campus Expression of Interest

 

Dear Coral,

 

I am writing to confirm TAFE NSW Macksville Campus’ expression of interest for renting the Nambucca Tourist Information Centre: 57 Riverside Drive Nambucca Heads.

 

We are proposing the establishment of an Aboriginal Art Gallery. Students would be enrolled in TAFE training in art, business and hospitality and would use the venue to practice their skills and sell their craft. Teachers would be present as trainers and supervisors during training days.

 

At the moment we are aiming at a definite 2 days delivery and expending to 4 days per week in the very near future. By the end of 2017 we would hope to be delivering training for 5 days per week.

 

The rent we are proposing is $10 per hour up to a maximum of $150.00 per week.

 

The floor plan can be seen on the next page.

 

 

Yours sincerely

 

Jillian Ashley

 

Jillian Ashley

 

Head Teacher Education, Employment and Support and Business Faculties

TAFE NSW Macksville TAFE

February 2016

 

 

Art workspaceSmall service area

 


Ordinary Council Meeting - 16 March 2017

Proposed Lease Nambucca Valley Visitor Information Centre

 


Ordinary Council Meeting - 16 March 2017

Proposed Lease Nambucca Valley Visitor Information Centre

 


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager's Report

ITEM 10.9    SF2293            160317         2017 February - Development and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

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

 

Below is a list of Development Applications and Complying Development Applications received in February 2017 as at 7 March 2017.

 

Recommendation:

 

That the Development Applications and Complying Development Applications received in February 2017 be received for information.

 

Attachments:

1

8313/2017 - 2017 February - Applications Received

 

  


Ordinary Council Meeting - 16 March 2017

2017 February - Development and Complying Development Applications Received

 


 


 


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager's Report

ITEM 10.10  SF2293            160317         2017 February - Approved Construction and Complying Development Certificates

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

 Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of February 2017 as at 7 March 2017.

 

 

Recommendation:

 

That the Construction and Complying Development Certificates approved for February 2017 be noted and received for information by Council.

 

 

Attachments:

1

8176/2017 - February 2017 - Construction Certificates and Complying Developments Approved

 

  


Ordinary Council Meeting - 16 March 2017

2017 February - Approved Construction and Complying Development Certificates

 


 


 


 


 


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager's Report

ITEM 10.11  SF1148            160317         Council Ranger's Report January and February 2017

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

The following is the Council’s Rangers’ reports regarding Council’s Companion Animal Activities and listing of penalty notices issued by Council’s Rangers for January and February 2017.

 

 

Recommendation:

 

That Council’s Ranger’s report for January and February 2017 be received and noted by Council.

 

 

JANUARY 2017

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

4

Abandoned or Stray

1

12

Surrendered

0

4

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

1

20

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

5

Sold

0

2

Released to Organisations for Rehoming

0

1

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

2

Dangerous Dogs

 

1

Owner’s Request

0

2

Due to Illness, Disease or Injury

0

0

Feral/infant animal

1

1

Unsuitable for rehoming

0

2

Unable to be rehomed

0

0

Total Euthanased

1

8

Total Outgoing Animals

1

16

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

0

4

 

Cattle

Breakdown

Total

Seized

0

0

Returned to Owner

0

0

Impounded

               1

1

Total Seized

1

1

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

4

Abandoned or Stray

0

8

Surrendered

0

8

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

0

20

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

1

Sold

0

2

Released to Organisations for Rehoming

0

2

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

1

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

4

Dangerous Dogs

 

0

Owner’s Request

0

0

Due to Illness, Disease or Injury

0

0

Feral/infant animal

0

0

Unsuitable for rehoming

0

2

Unable to be rehomed

0

3

Total Euthanased

1

9

Total Outgoing Animals

1

15

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

0

5

 

Cattle

Breakdown

Total

Seized

0

0

Returned to Owner

0

0

Impounded

               0

0

Total Seized

0

0

 

 

January 2017

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

AHA-68B

3149092421

No angle park as on parking control sign

108.00

16/01/2017

WIL-219

3149092430

No angle park as on parking control sign

108.00

16/01/2017

BPL-08F

3149092440

No angle park as on parking control sign

108.00

16/01/2017

YGV-43W

3149092459

No angle park as on parking control sign

108.00

16/01/2017

JETTR8

3149092477

Not park in direction of travel

180.00

16/01/2017

AL-55-VH

3149092486

Not park in direction of travel

180.00

16/01/2017

AQ-65-YG

3149092495

Not park in direction of travel

180.00

16/01/2017

January 2017 (cont)

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

VHC-262

3149306005

Not park in direction of travel

180.00

16/01/2017

AU-36-QD

3149306014

No angle park as on parking control sign

108.00

16/01/2017

BCR-81A

3149306023

No angle park as on parking control sign

108.00

16/01/2017

BDQ-03W

3149306032

No Parking

108.00

16/01/2017

047-SIY

3149306041

Loading Zone

180.00

16/01/2017

AWE-15J

3149306050

No angle park as on parking control sign

108.00

16/01/2017

BBL-92X

3149306060

No angle park as on parking control sign

108.00

16/01/2017

HER-200

3149306079

No angle park as on parking control sign

108.00

16/01/2017

444-BAD

3149306088

No angle park as on parking control sign

108.00

16/01/2017

AD-09-SD

3149306097

No Stopping

253.00

16/01/2017

AZ-89-VD

3149306106

No Parking

108.00

16/01/2017

BY-30-EW

3149306115

No Stopping

253.00

16/01/2017

618-MFK

3149306124

No Stopping

253.00

16/01/2017

DFN-14Y

3149306133

No angle park as on parking control sign

108.00

16/01/2017

BM-89-FK

3149306142

No angle park as on parking control sign

108.00

16/01/2017

CB-48-XE

3149306151

Loading Zone

180.00

16/01/2017

CZQ-84Y

3149306160

No Stopping

253.00

16/01/2017

ATZ-49L

3149306170

No angle park as on parking control sign

108.00

3/01/2017

COH-44W

31493061689

No angle park as on parking control sign

108.00

3/01/2017

CNW-75B

3149306198

No Parking

108.00

3/01/2017

DCS-78Q

3149306207

Not park in direction of travel

180.00

3/01/2017

ASO-60Z

3149306216

Not park in direction of travel

180.00

3/01/2017

998-WWJ

3149306225

Not park in direction of travel

180.00

4/01/2017

BX-83-FS

3149306234

            Taxi Zone

180.00

4/01/2017

AQH-01C

3149306243

No angle park as on parking control sign

108.00

9/01/2017

BGT-47D

3149306252

No angle park as on parking control sign

108.00

9/01/2017

CXK-48W

3149306261

No angle park as on parking control sign

108.00

9/01/2017

BBI-89K

3149306270

No angle park as on parking control sign

108.00

9/01/2017

CH-95-CG

3149306280

Not park in direction of travel

180.00

12/01/2017

NVF-005

3149306299

Bus Zone

253.00

12/01/2017

ZCJ-206

3149306308

No angle park as on parking control sign

108.00

12/01/2017

BS-02-RU

3149306317

No angle park as on parking control sign

108.00

12/01/2017

WVT-456

3149306326

Not park in direction of travel

180.00

12/01/2017

UMS-939

3149306335

Not park in direction of travel

180.00

14/01/2017

CYW-23D

3149306344

No angle park as on parking control sign

108.00

24/01/2017

January 2017 (cont)

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

BY-90-MD

3149306353

No angle park as on parking control sign

108.00

24/01/2017

CB-34-VJ

3149306362

            Taxi Zone

180.00

27/01/2017

 

 

TOTAL:

$6485.00

 

 

January 2017

COMPANION ANIMALS & OTHER

CHIP NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

943094320252378

3149306371

Owner of dog in prohibited place

$220.00

31/01/2017

943094320315076

314305510

Fail to comply with Dangerous dog control requirements

$1,320.00

30/01/2017

943094320315076

3149305529

Fail to comply with Dangerous dog control requirements

$1,320.00

30/01/2017

943094320315076

3149305538

Fail to comply with Dangerous dog control requirements

$1,320.00

30/01/2017

N/A

3149092468

Fail to comply with terms of notice erected by Council

110.00

16/01/2017

 

 

TOTAL:

$4290.00

 

 

February 2017

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

AFV-09V

3149306380

Not park in direction of travel

180.00

14/02/2017

BW-54-GO

3149306390

Loading Zone

180.00

14/02/2017

URX-416

3149306409

No Stopping

253.00

14/02/2017

MMK-133

3149306418

            Taxi Zone

180.00

14/02/2017

BU-86-ST

3149306427

No Stopping (school zone)

325.00

14/02/2017

BWH-88M

3149306436

No angle park as on parking control sign

108.00

14/02/2017

BE-51-ZU

3149306445

No angle park as on parking control sign

108.00

14/02/2017

CYW-23D

3149306454

No angle park as on parking control sign

108.00

14/02/2017

1ABG-292

3149306463

No angle park as on parking control sign

108.00

14/02/2017

CEG-22M

3149306490

No angle park as on parking control sign

108.00

14/02/2017

 

 

TOTAL:

$1658.00

 

 

February 2017

COMPANION ANIMALS & OTHER

CHIP NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

943094320250611

3149305547

Not comply with notice to register companion animal

$275.00

17/02/2017

900032002905733

3149305556

Not comply with notice to register companion animal

$275.00

17/02/2017

Unknown

3149305565

Not comply with notice to register companion animal

$275.00

17/02/2017

900032002894397

3149305574

Owner of dog in prohibited place

$330.00

17/02/2017

900032002896435

3149306537

Not comply with notice to register companion animal

$275.00

22/02/2017

90001200119963

3149306528

Not comply with notice to register companion animal

$275.00

22/02/2017

900012001189997

3149306519

Not comply with notice to register companion animal

$275.00

22/02/2017

900012001190001

3149306500

Not comply with notice to register companion animal

$275.00

22/02/2017

N/A

3149306472

Fail to comply with terms of notice erected by Council

110.00

14/02/2017

N/A

3149306481

Fail to comply with terms of notice erected by Council

110.00

14/02/2017

 

 

TOTAL:

$2475.00

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager's Report

ITEM 10.12  SF2293            160317         Development Applications greater than 12 months or where submissions received - 16 February 2017 to 9 March 2017

 

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

 

Summary:

In accordance with Council's resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).  Table 2 shows development applications which have been received but not yet determined due to submissions received. 

 

In accordance with Minute 848/08 from Council’s 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

 

There are no Development Applications in excess of 12 months old.

 

 

TABLE 2: DEVELOPMENT APPLICATIONS NOT YET DETERMINED WHERE SUBMISSIONS HAVE BEEN RECEIVED

 

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2016/232

9 December 2016

Continued Use of Retaining Wall

Lots 22, 23 & 33 DP 1212788 & Lot 28 DP 1207166, Lloyd Street, Macksville

Two opposing submissions have been received.

·           Concerned that wall was erected without consent and that it does not match submitted plans, some of which appear to have been drawn up after the wall’s construction

·           Wall encroaches on a property for which the owner’s consent has not been given

·           Wall is not in character with the surrounding environment – a visual eyesore

·           Concerns re permeability of backfill material, engineering certification of structure and treatment of subsurface water

·           Concerns that a neighbouring fence has not been correctly replaced and contaminated material remains on a neighbouring site.

·           Requesting plantings in front of wall and that it be painted to reduce its visual impact.

 

STATUS: Amended plans have been received from the applicant – these are being re-notified to adjoining owners.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2016/236

12 December 2016

Markets

Lot 3 DP 1202794, Adin Street Reserve, Scotts Head

One opposing submission has been received.

·      Private driveways will be blocked

 

STATUS: Report to 16 March Council meeting

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/003

6 January 2017

18 Lot Subdivision

Lot 1 DP 1212394, 1 Regatta Drive, Valla Beach

Seven opposing submissions have been received.

·      One has no major objections, just want reassurances that stormwater runoff/drainage will be appropriately managed

·      Bought into the park because of its over 50s lifestyle – the proposed subdivision will change that

·      New development will have an adverse effect on wildlife

·      Noise, dust, etc from building will negatively impact them

·      Concerns regarding privacy, overshadowing and drainage

·      Exit will be insufficient in case of an emergency

·      If approved, Council should place controls on new development permitted – drainage, noise, dogs

·      TV and mobile phone reception will be impacted

·      Setback breaches regulation

·      View loss

·      Loss of vegetation – much vegetation was removed prior to the DA being lodged – habitats of kookaburras, possums, kangaroos, frogs and snakes

·      Negative impacts on SEPP 14 Wetlands

·      Traffic will increase

·      Fire risk increased

·      All Valla Park residents should have been notified

 

STATUS: Being assessed. Amended plans are being prepared by the applicant.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/016

27 January 2017

Transport Depot – Intermittent parking of buses

Lot: 12 DP: 1057791, 9 Edgewater Drive Nambucca Heads

 

Two opposing and two supporting submissions have been received.

Opposing:

·      Not appropriate to have industrial type activities in a prestige residential subdivision

·      Buses/coaches sometimes remain there for two days or over the weekend

·      Coaches have to drive over kerb and guttering (which is now cracked) to negotiate turning circle

·      Some weeks 2 or 3 buses come and go

·      Buses should be parked elsewhere

·      Reverse parking will activate reversing alarm

·      Pollution/fumes from diesel emissions

·      Noise could start from 6.00 am and not finish until 9.00 pm or later.

·      An unsafe activity to be happening in a cul-de-sac

Supporting:

·      Council should be able to determine this without requiring residents’ comments

·      Doesn’t cause any problems and to keep it this way, the application should be approved with the following provisos: three year approval, with automatic extension if no genuine complaints; buses only to be parked; only two buses at any one time to be parked; approval is only for the current land owner and is not transferable to a third party; zoning to stay residential; no industrial-type fencing permitted; if estate is fully developed, then permission may need to be revoked.

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/025

3 February 2017

Continued Use of Shipping Containers

Lots 1 & 5 Section E DP 17707, 2 Vernon Street & 3 Wallace Street, Scotts Head

Three opposing submissions have been received

·      Application should be refused – shipping containers are unsightly and the yard is also overgrown and has rubbish lying around. Looks like an industrial site.

·      Use of containers should be on DA tracking site

·      Containers should be removed immediately and contents stored at an appropriate storage facility

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/020

30 January 2017

68 Lot Subdivision

Lot: 176 DP: 1190467, Seaforth Drive, Valla Beach

Two opposing submissions have been received:

·      Developer should provide playground – not enough community space has been provided by the developer

·      Consider speed bumps to slow down traffic to improve safety for children

·      Only one entrance/exit raises safety concerns

·      Disappointed that so many lots are proposed to be crammed in

STATUS: Being assessed.  On exhibition until 13/3/2017.  Issue with location of open space; awaiting receipt of referrals (GTA’s) from Office of Water and RFS. OEH have responded suggesting that plan layout & SEE be amended and further flood assessments be undertaken.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2015/043/02

22 February 2017

Modification of Trading Hours for Cafe

Lot 7 Section 4 DP 245317, 4 Thompson Street, Valla Beach

One submission has been received. It opposes the proposed modification:

·      Extended hours are inappropriate in a residential area

·      Extended hours fail to provide additional facilities or services to meet the day to day needs of residents that are not already provided for

·      Café is extremely close to adjoining properties, making the extended hours inappropriate

·      There is insufficient off-street parking and formalised on street parking available to minimise disturbance to residents

·      Extended trading hours means extended hours for cleaning up and prepping for the next day with associated noise

·      Will lead to increased waste generation which may cause odours

·      Increased deliveries at inappropriate hours

·      Increased evening traffic movements

·      Impact on adjoining Nature Reserves

·      Potential for anti-social behaviour

·      New owners are already operating outside approved hours, leading to concern that this will escalate further if extended hours are approved (ie that the new owners will operate outside of any approved increase in hours)

STATUS: Being assessed.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/039

17 February 2017

Dwelling-House

Lot 9 DP 1008583, 785 Grassy Head Road, Way Way

One submission has been received. It opposes the proposal

·      The application continues and adds to development previously undertaken on this land. Council should consider the overall scale of all the developments

·      A previous DA remains incomplete. Having two developments under construction at the same time  will greatly increase noise and earthworks.

·      Previous DA resulted in enormous loss of amenity

·      Building times should be restricted to Monday – Friday 8am to 3 pm only

·      Dam that is part of the DA should not be approved – near a natural water course and requires proper environmental assessment

·      Felling of trees has had and will continue to have an enormous impact on biodiversity

·      Applicant is abusing the DA system by trying to spread out developments rather than have them all assessed at the same time in the one DA

·      Applicant/owner is not a licenced builder. Council needs to enforce BCA standards, etc

STATUS: Being assessed

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  16 March 2017

General Manager's Report

ITEM 10.13  DA2014/198      160317         Modification of DA2014/198 - Proposed 26 Lot Subdivision at Lot42 DP711098 Old Coast Road, North Macksville

 

AUTHOR/ENQUIRIES:    Brad Lane, Senior Town Planner         

 

Summary:

 

On 27 February 2015 Development Consent No. 2014/198 was granted for a 26 lot subdivision of Lot 42 DP 711098 - Old Coast Road, North Macksville.

 

On 15 July 2016 Development Consent No. 2014/198 was modified to allow the release of one lot in addition to the residue lot without sealing, intersection or footpath works being undertaken. Deferment of these works is subject to the payment of a $100,000 bond.

 

A further application to modify the consent has been lodged seeking to allow additional lots to be released, utilising the original bond to defer construction of the section of Old Coast Road fronting the development site.

 

The application has been assessed in accordance with the Environmental Planning and Assessment Act 1979 and subject to the recommended conditions of consent, is considered to be consistent with all of the relevant matters for consideration subject to the recommended conditions of consent contained within Attachment 5.

 

The modification application is being referred to Council for determination due to the further potential financial and precedent implications associated with the proposed variance to the Nambucca Development Control Plan regarding the timing of road upgrade and sealing requirements. Furthermore, the proposal includes a modification to a component of the consent which was approved by Council resolution.

 

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

 

 

 

Recommendation:

 

That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2014/198 for a 26 lot subdivision at Lot 42 DP 711098 - Old Coast Road, North Macksville by amending condition 23 of the original consent as outlined within Attachment 4 of this report.

 

 

OPTIONS:

 

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

 

b)   Approve the modification application subject to amendments to the recommendation. Please note that only conditions subject to the modification application should be modified, unless other conditions require modification as a consequence of the requested modification.

 

c)   Refuse the modification application.

 

 

DISCUSSION:

 

On 27 February 2015 Development Consent No. 2014/198 was granted for a 26 lot subdivision of Lot 42 DP 711098 - Old Coast Road, North Macksville.

 

On 15 July 2016 Development Consent No. 2014/198 was modified to allow the release of a Subdivision Certificate to create 1 additional Lot (either lot 1 or lot 26) plus a residue lot containing the existing dwelling without the required sealing, intersection or footpath works being undertaken. Deferment of these works is subject to the payment of a $100,000 bond. 

 

A copy of the applicants’ documents outlining the proposed modifications has been included as Attachment 1 and Attachment 2 of this report. A copy of the development consent and stamped approved plan (as originally approved) has been included as Attachment 3, and a copy of the development consent and stamped approved plan (as modified) has been included as Attachment 4

 

The subject modification application seeks to modify the development consent as follows:

 

Condition 23.

 

The applicant has submitted the following request in relation to modification of Condition 23:

 

Currently paragraph 3 of condition 23 permits the Council to approve a subdivision certificate for the release of no more than 1 lot providing a bond of $100,000 is paid to the Council for future extension of bitumen seal along Old Coast Road and a standard entrance is provided off Old Coast Road to service the allotments. The applicant would like to modify this part of the condition to permit Council to approve a subdivision certificate for the release of two additional lots (lots 1 and 26).

 

Furthermore, the applicant would like to be able to obtain subdivision certificates for lots in addition to 1 and 26 without having to seal of Old Coast Road and construct the footpath alongside Old Coast Road to the north until the construction of the new Pacific Highway is complete and Pacifico, the principal contractor, has stopped using Old Coast Road as a haul route. This will prevent damage to any new seal on Old Coast Road from heavy vehicle use.

We suggest that paragraph 3 of condition 23 is deleted and replaced with the following two paragraphs below:

 

“         While the new Pacific Highway is under construction and Old Coast Road is being used as a haul route, the Council may approve subdivision certificates for the release of lots in stages without the required sealed access to an urban area and footpath to the north along Old Coast Road being constructed, providing the applicant pays Council a one-off $100,000 bond at the time of the first stage release for future extensions to the Old Coast Road bitumen seal. Once the new Pacific Highway is complete and Old Coast Road is no longer being used as a haul route no further lots shall be released until Old Coast Road has been sealed and the footpath constructed.

 

Notwithstanding the above, this development consent permits Council to approve a subdivision certificate for the release of no more than 2 additional lots (lot 1 and 26) on the approved plan without construction of the internal roadworks, sealed frontage to the lots, intersection, sealing of Old Coast Road or footpath. This provision is subject to the applicant having paid Council the $100,000 bond for first stage release and constructed a dual entrance off Old Coast Road, designed in accordance with Councils engineering standards, to the three allotments (lots 1, 26 and the residue lot).”

 

Planner’s Assessment Comment: Clause B3.4.5 of the Nambucca Development Control Plan 2010 (DCP) requires a continuous bitumen sealed road constructed to a public road standard to connect each lot within the subdivision to an urban area. It also requires the frontages of all lots to be sealed.

 

Council has already allowed, by way of a modification of the original consent conditions, a variation to this DCP control to enable the applicant to create one additional lot (either Lot 1 or Lot 26) and a residue lot (a total of two lots) without the required sealing, intersection, or footpath works being undertaken. The existing consent (as modified) is subject to a condition requiring the applicant to provide Council a $100,000 bond toward future extensions to the Old Coast Road bitumen seal and to provide a shared (dual) temporary vehicular crossover to Old Coast Road designed in accordance with Councils engineering standards to service the two allotments. 

 

The applicant has submitted a quote from Fortade Earthmoving Pty Ltd, however Council’s Manager Technical Services has advised that the quotation may not adequately cover other ancillary costs such as materials, design, drainage, road furniture, the cycleway, geotechnical supervision/ testing, contract administration and contingencies.  Council Officers estimate that the amount of the bond to adequately cover the costs of sealing the 650m section of Old Coast Road along the site frontage and the intersection to the site would be $500,000. 

 

The proposed bond amount of $100,000 was accepted for an interim period to facilitate the release of 1 additional lot which would have an equivalent traffic generation to a dual occupancy development on the subject land.

 

A discussion of the proposed bond amount which accompanied the Council Officer’s Report relating to the previous Section 96 Modification application is reproduced as follows:

 

“         Because Old Coast Road will be sealed up to the frontage of the development site from the south as part of the Pacific Highway upgrade, approximately 650m of Old Coast Road is required to be sealed by the applicant to comply with clause B3.4.5 of the DCP.

 

Given the extent of remaining unsealed road and that the development will essentially be located at the end of a no through road once the Pacific Highway upgrade is complete; it is considered to be reasonable to permit one lot to be released without undertaking any sealing or intersection works due to the lower traffic volumes on the road, the remaining development potential of the land and the thick road side vegetation that will mitigate dust impacts. This is subject to the payment of a reduced bond of $100,000 towards the future extension of road seal within the development frontage. Should there be a delay in progressing the remaining development, such a bond will enable the existing seal to be extended at least 200m which would minimise maintenance costs to Council and assist in protecting the viability of undertaking the remaining development in accordance with Councils DCP and subsequently the development consent.”

 

On that basis, the applicant’s proposal to rely only upon the previously approved bond amount of $100,000 is not supported.

 

The applicant has indicated that the current construction traffic utilising Old Coast Road may damage the required upgrade/ sealing work and its intersection with the proposed road. It is likely that the Pacific Highway construction activity in the vicinity of the site will be completed by December 2017. In these circumstances, if a Subdivision Certificate is required to create more than 1 additional lot prior to December 2015, Council may consider bonding the upgrade and sealing of the Old Coast Road work (holding a bond of $500,000) to be paid prior to the issue of a Subdivision Certificate which would allow the creation of more than one additional lot (either lot 1 or 26) and the residue lot. 

 

If the applicant chooses to proceed beyond the creation of 1 additional lot, the internal road is to be progressively constructed and dedicated as public road, regardless of whether the upgrade/ construction work on Old Coast Road is bonded or not. 

 

As such, it is recommended that condition 23 of the development consent be modified to reflect the above. Modified conditions have been included within the recommended conditions of consent.  Refer to Attachment 5.

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 ASSESSMENT

 

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

 

SECTION 96(1A)

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

 

Complies

Comments

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

Yes

The proposed modifications will relate to the timing of works rather than modification to the number of lots, layout or any other material change. Therefore no additional environmental impacts are likely to result compared to those related to the original consent.

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

Yes

The proposed development will remain substantially the same development for which consent was originally granted.  The proposed modifications will result in only minor changes to conditions.

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

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

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

Yes

The application was not re-notified as it is not considered that the proposed modifications will increase any environmental impacts.

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

Yes

No submissions were received.

 

 

SECTION 96 (3) & (5)

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

 

Complies

Comments

a  the provisions of:

 

 

(i)         any environmental planning instrument, and

Yes

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

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

Yes

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

 

(iii) any development control plan, and

Yes

Aside from the abovementioned variance to clause B3.4.5, the proposed modifications are not considered to be contrary to any provision of the Nambucca Development Control Plan 2010.

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

N/A

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

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

Yes

There are no relevant matters prescribed by the regulations.

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

Yes

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

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

Yes

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

c        the suitability of the site for the development,

Yes

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

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

Yes

No submissions were received.

e        the public interest.

Yes

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

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

Yes

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

 

CONSULTATION:

 

Manager Technical Services

Manager Development and Environment

General Manager

NSW Rural Fire Service

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the proposed modifications will reduce the level of impacts that would result from the original development consent. 

 

Social

 

It is not considered that the proposed modifications will alter any social impacts resulting from the original consent.

 

Economic

 

It is considered that acceptance of the applicant’s proposal, which relies on an inadequate bond amount, would expose Council to an unacceptable financial risk.

 

However subject to the recommended conditions of consent, which requires an appropriate bond amount to cover the cost of the subject works, it is not considered that the proposed modifications will result in any adverse economic impacts.

 

Risk

 

The risk associated with the proposed modification is the possible degradation of Old Coast Road as a result of no upgrading/sealing works being undertaken prior to Lots being released. 

 

It is considered that the payment of the required bonds will offset construction/ maintenance costs associated with road deterioration which is proportionate to the scale of the development being undertaken.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Addressed above.

 

Source of fund and any variance to working funds

N/A

 

Service level changes and resourcing/staff implications

N/A

 

Attachments:

1

2136/2017 - Attachment 1 - Letter From Applicant

 

2

2140/2017 - Attachment 2 - Quote for grading from Fortade

 

3

5984/2015 - Attachment 3 - Consent - 26 Lot Subdivision (originally approved)

 

4

24254/2016 - Attachment 4 -  Consent - 26 Lot Subdivision (as modified)

 

5

8322/2017 - Attachment 5 - Proposed Modified Conditions

 

  


Ordinary Council Meeting - 16 March 2017

Modification of DA2014/198 - Proposed 26 Lot Subdivision at Lot42 DP711098 Old Coast Road, North Macksville

 


 


Ordinary Council Meeting - 16 March 2017

Modification of DA2014/198 - Proposed 26 Lot Subdivision at Lot42 DP711098 Old Coast Road, North Macksville

 


Ordinary Council Meeting - 16 March 2017

Modification of DA2014/198 - Proposed 26 Lot Subdivision at Lot42 DP711098 Old Coast Road, North Macksville

 

Enquiries to:        Daniel Walsh

Contact Phone:    6568 0259

Our Ref:             DA 2014/198

 

 

 

27 February 2015

 

 

 

Mr P D Burgess

Po Box 609

MACKSVILLE NSW 2447

 

 

 

NOTICE TO APPLICANT OF DETERMINATION OF A

DEVELOPMENT APPLICATION

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

 

 

Development Application No:                   2014/198

 

Applicant:                                                Mr P D Burgess

 

Subject Land:                                          Lot 42 DP 711098 & Lot 101 DP 755550, Old Coast Road, North Macksville

 

Development Proposal:                            26 Lot Subdivision

 

 


DETERMINATION

 

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

 

Made on:                                                  27 February 2015

 

Consent to operate from:                         27 February 2015

 

Consent to lapse, unless the development has commenced in accordance with the provisions of Section 95 of the Act:                                                                27 February 2020

 

 


RIGHT OF APPEAL

 

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

 



Ordinary Council Meeting - 16 March 2017

Modification of DA2014/198 - Proposed 26 Lot Subdivision at Lot42 DP711098 Old Coast Road, North Macksville

 

DETAILS OF CONDITIONS

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1.       The development is to be implemented in accordance with the plan endorsed with the Council stamp, dated 27/02/2015 and authorised signature, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title

Dwg No

Prepared by

Dated

Plan Showing Proposed Subdivision

1 of 3 (Rev 7)

Clarke Dowdle & Associates

25/2/15

 

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

 

 

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

 

Engineering Construction Plans

 

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

 

Required work

Specification of work

Street Name Signs

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

Full Width Road Construction

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

 

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

 

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

 

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

 

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

 

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

 

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

Footpath Construction

A 1.2 metre wide concrete footpath from the entrance of the development site to Florence Wilmont Drive. The footpath is to be within the road reserve of Old Coast Road on the eastern side of the road carriageway and is to connect to the road verge of Florence Wilmont Drive through the existing 20m wide right of carriageway located within Lot 64 DP 1167978.

Driveways