NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

25 May 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 - 25 May 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

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 11 May 2017...................................................................................... 7

5        NOTICES OF MOTION  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 14

9.2     Land Management and Biodiversity Conservation Reforms - Regulations on Public Exhibition until 21 June 2017...................................................................................................................... 20

9.3     Illawong Village Boundary Adjustment............................................................................. 23

9.4     2017/2018 Determination of the Local Government Remuneration Tribunal......................... 30

9.5     Cost/Benefit of an Area Switch in NBN Technology.......................................................... 57

9.6     Nambucca Flood Risk Management Study and Plan......................................................... 81

9.7     Development Application DA2017/076............................................................................. 91

9.8     Review of Local Environmental Plan.............................................................................. 115

9.9     Bowraville Connections, Stage 1 Community Recreation and Sports Precinct................... 117

9.10   Development Applications greater than 12 months or where submissions received -  to 18 May 2017.................................................................................................................................... 141

9.11   Bowra Dam - Request for licence amendment for environmental release ......................... 144

9.12   Expression of Interest to Establish a biobanking site at the Nambucca Off River Storage Facility.................................................................................................................................... 147

9.13   Establishment of a Council "Clean Energy Committee"................................................... 150

9.14   Insurance Brokerage Services Tender............................................................................. 161

9.15   Review of Donations Policy.......................................................................................... 163

9.16   Charges to Operate On-Site Sewage Management Systems............................................ 172

9.17   Draft Workforce Plan 2017-2021.................................................................................... 177

9.18   March 2017 Budget Review........................................................................................... 191

10      Assistant General Manager Corporate Services Report

10.1   Environmental Levy Projects 2017-18............................................................................. 265

10.2   End of Term Report on Progress Towards Implementing the Community Strategic Plan.... 272

10.3   Community Strategic Plan 2027..................................................................................... 317

10.4   Schedule of Council Public Meetings 2017..................................................................... 319

10.5   Initial Local Government Performance Audits conducted by the NSW Audit Office........... 320

10.6   Nambucca Shire Devilery Program 2017-2021................................................................. 330

11      Assistant General Manager Engineering Services Report

11.1   Review of Policy: Trees and Street Gardens - Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council.............................................................................. 333

11.2   Capital Works Report - March 2017................................................................................ 374    

 

 

 

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

12.1   Insurance Brokerage Services Tender

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

12.2   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 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 11 May 2017

The following document is the minutes of the Ordinary Council meeting held 11 May 2017.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 25 May 2017 and therefore subject to change.  Please refer to the minutes of 25 May 2017 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed

Cr Anne Smyth

Cr John Wilson

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Richard Spain (Act AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

APOLOGY

 

Paul Gallagher (AGM Engineering Services)

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest received.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 27 April 2017

206/17 RESOLVED:        (Ainsworth/Jenvey)

 

That the minutes of the Ordinary Council Meeting of 27 April 2017 be confirmed.

 

 

 

 

PUBLIC FORUM

RECOMMENDATION

 

That the following delegations be heard:

 

Leona Bush addressed Council on the following issues in Bowraville:

·                Untidiness of the town

·                Cigarette butts on street and request to create or enforce No Smoking Areas

·                Main median strip in Bowraville – grass needs to be mowed and clippings picked up

·                Dogs leaving droppings

·                Lots Cars in Dotti Close – part of road is not tarred and request remainder to be tarred

·                Concern of fire risk in Dotti Close

·                Goldie Park in a disgraceful state

·                Request Council develop Goldie Park to promote the town and suggest a Councillor working bee

·                Mayor to take a bow as have done a great job around Bowraville with maintenance, intersection and park

·                Need more tree planting on the median strip in Bowraville

·                James Park not the best place for a memorial with chairs

·                Thanks to Mayor and staff from residents of Bowraville

·                At the last Council meeting held at Bowraville residents mentioned that they could not hear

 

 

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.

 

 

 

207/17 Resolved:        (Wilson/Ballangarry)

 

That Item 9.6 Thistle Park Master Plan be brought forward.

 

 

ITEM 9.6      PRF44                110517      Thistle Park Master Plan

208/17 RESOLVED:        (Ainsworth/Reed)

 

1        That Councillors provide the General Manager with any comments on the concept design option 4 for Thistle Park within 14 days for further consideration and reporting to Council.

 

2        In the absence of any comments from Councillors that the Concept Design Option 4 be advertised          for public comment for 28 days including direct referrals to adjoining and adjacent property owners as well as the Nambucca Valley Cricket Association.

 

 

 

General Manager Report

ITEM 9.1      SF959                110517      Outstanding Actions and Reports

209/17 RESOLVED:        (Ainsworth/Reed)

 

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

 

 

 

 


 

 

ITEM 9.2      SF578                110517      Awarding (Sale) of Land and Property Information Concession to Australian Registry Investments

210/17 RESOLVED:        (Ainsworth/Jenvey)

 

That the information concerning the awarding of the Land and Property Information concession to Australian Registry Investments be received.

 

 

 

 

ITEM 9.3      SF2081              110517      Rescuing our Waterways Program

211/17 RESOLVED:        (Finlayson/Smyth)

 

That Council note the information from the Hon. Melinda Pavey MP, Member for Oxley and Minister for Roads, and Maritime and Freight concerning the Rescuing our Waterways program and further that the matter be forwarded to the Nambucca River, Creeks, Estuaries and Coastline Management Committee for their consideration.

 

 

 

 

 

ITEM 9.4      SF770                110517      Economic Development in Aboriginal Communities - NSW Government Response to the Standing Committee Report by the Standing Committee on State Development

212/17 RESOLVED:        (Reed/Ballangarry)

 

That the information concerning the Government’s response to the Standing Committee report on Economic Development in Aboriginal Communities be received.

 

 

 

ITEM 9.5      SF600                110517      Proposed Subdivision of Land beside Macksville Sewage Treatment Plant - Fund Classification of Macksville Works Depot and Sewage Treatment Plant

213/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council note its Capital Value Register records all of Lot 2 DP 538542 containing Council’s Works Depot, Companion Animals Pound and the Macksville Sewage Treatment Plant as being in the ownership of the Sewer Fund.

 

2        In consideration of recommendation 1 that the proceeds of the sale of the proposed Lot 20 to Mr Tony Gordon be attributed to the Council’s Sewer Fund.

 

3        That Council note the proposed provision of an all-weather gravel access to the proposed Lot 20 at a cost of between $5,000 and $6,000.

 

 

 

 

 

 

Item 9.6 dealt with earlier

 

 

ITEM 9.7      DA2017/028        110517      Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

MOTION:                (Finlayson/Ainsworth)

 

1        Council adopt a policy of applying the “grandfathered” developer contributions for water and sewerage being the rates for pre 16/02/2012 consents to all new dwellings on existing holdings within urban areas.

 

2        That Iesha Bellingen Pty Ltd be invited to submit an application to modify their consent to reduce their required Section 64 developer contributions from a total of $19,958 to a total of $9,951.

 

Amendment:       (Ainsworth/Finlayson)

 

1        That point 1 be deferred until it is determined how many blocks are in the Shire that could be affected by the proposed “grandfathering” of Section 64 Contributions and further that staff consider what mechanisms can be put in place to notify potential purchases of the contribution liability.

 

2        That Iesha Bellingen Pty Ltd be invited to submit an application to modify their consent to reduce their required Section 64 developer contributions from a total of $19,958 to a total of $9,951 and that the application not be determined until the Council has resolved its policy.

 

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

 

 

214/17 Resolved:        (Ainsworth/Finlayson)

 

1        That point 1 be deferred until it is determined how many blocks are in the Shire that could be affected by the proposed “grandfathering” of Section 64 Contributions and further that staff consider what mechanisms can be put in place to notify potential purchases of the contribution liability.

 

2        That Iesha Bellingen Pty Ltd be invited to submit an application to modify their consent to reduce their required Section 64 developer contributions from a total of $19,958 to a total of $9,951 and that the application not be determined until the Council has resolved its policy.

 

 

 

 

 

ITEM 9.8      SF336                110517      Amalgamation of Taylors Arm Sports Reserve and Taylors Arm Hall Committees of Management

215/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council note the response from the Taylors Arm Hall Committee of Management and advise them that there is no objection to the Hall Committee and Reserve Committee continuing as separate Committees of Management.

 

 

 

 

 

ITEM 9.9      PRF69                110517      Future of Welsh Pioneer Park, Welshs Creek Road, Talarm

216/17 RESOLVED:        (Reed/Ainsworth)

 

1        That Council accept the proposal from Mr Geoff Brown, Coordinator – Volunteer Work at Welsh Pioneer Park for a Committee of Management comprising:

 

          President:   Geoff Brown

          Secretary:    Tonia Welsh

          Members:    Greg Welsh

                             Caleab Carter

 

2        That Council provide an annual indexed donation of $500 to the Talarm Hall Committee of Management to cover out of pocket expenses for the volunteers and the Hall Committee in maintaining the Welsh Pioneer Park.

 

3        That Ms Joy Lane be invited to contact Mr Brown in relation to descendants providing volunteer support in the maintenance of the Park.

 

 

 

 

 

ITEM 9.10    SF1031              110517      Draft Companion Animals On-Leash and Off-Leash Policy

217/17  RESOLVED:       (Finlayson/Ainsworth)

 

That Council adopt the draft Companion Animals On-Leash and Off-Leash Policy contained within attachment 2 of this report.

 

 

 

 

 

ITEM 9.11    SF2293              110517      Development Applications greater than 12 months or where submissions received -  to 2 May 2017

218/17 RESOLVED:        (Finlayson/Wilson)

 

That the information be noted by Council.

 

 

 

 

 

ITEM 9.12    SF2293              110517      2017 April - Development and Complying Development Applications Received

219/17 RESOLVED:        (Finlayson/Reed)

 

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

 

 

 

 

 

ITEM 9.13    SF2293              110517      2017 April - Approved Construction and Complying Development Certificates

220/17 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

 

General Manager Report - LATE

ITEM 9.14    SF2044              110517      Write off of Unpaid Rates - Lot 2 DP 359393, Wallace Street, Macksville - Est Williams, Hahn and Redaelli

221/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council endorse a write off of $26,824 in unpaid rates in respect of Lot 2 DP 359393, Wallace Street, Macksville.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1031              110517      Pensioners Concession Rebate Policy

222/17 RESOLVED:        (Finlayson/Smyth)

 

That Council Adopt the Draft Pensioner Concession Rebate Policy.

 

 

 

 

 

ITEM 10.2    SF2246              110517      Draft Revenue Policy (Fees and Charges)

223/17 RESOLVED:        (Ainsworth/Ballangarry)

 

That Council endorse the draft 2017-18 Revenue Policy (Fees and Charges) and that the draft documents be placed on display for public comment.

 

 

 

 


 

 

ITEM 10.3    SF2246              110517      Draft Operational Plan 2017-18

224/17 RESOLVED:        (Ainsworth/Wilson)

 

1        Council note the changes to the Draft 2017/2018 Budget made post Council’s 27 April 2017 Workshop Document.

 

2        Council endorse the draft Budget for incorporation with the Draft Community Strategic Plan to be endorsed for public exhibition at the next meeting of Council.

 

 

 

 

 

ITEM 10.4    SF2230              110517      Investment Report to 30 April 2017

225/17 RESOLVED:        (Wilson/Ainsworth)

 

That the Accountants’ Report on Investments placed to 30 April 2017 be noted.

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF453                110517      Waste Management Quarterly Report January - March 2017

226/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 January – 31 March 2017.

 

 

 

   

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.28 pm. 

 

Confirmed and signed by the Mayor on  25 May 2017.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

            


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager

ITEM 9.1      SF959              250517         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.

 

22/3/17 – Awaiting for consultant response to issues raised during the exhibition.  Aiming to report in April.

 

3/5/2017 - Report with recommended changes to the plan being drafted at present, for consideration at next 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.

 

 

AUGUST 2015

 

4

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.

 

22 March 2017: AGMES has contacted Forestry and a further meeting to be arranged to consider sites for offset forestry.

 

OCTOBER 2015

 

5

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

 

AUGUST 2016

 

6

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.

 


 

JANUARY 2017

7

PRF19

12/01/17

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

 

GM

Letter sent 18 January 2017.

 

18/03/17 – Follow-up letter drafted

 

22/03/17 – Illawong have advised they accept Council’s recommendation regarding reacquisition of the lots.  Matter to be reported to Council in May.

 

8

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

15/05/17 - Ecological engaged and a report has been prepared. It will be included/ considered in the housekeeping amendment going to the next council meeting.

 

 

9

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

FEBRUARY 2017

10

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

11

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.

 

19 April 2017 Report deferred to the Council meeting scheduled for 25 May due to a substantive resident submission received and staff are reviewing the comments

 

12

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

13

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.

 

18/3/17 – Amos & McDonald not available.  Quote now being sought from De Groot & Benson Pty Ltd.

 


 

MARCH 2017

14

SF2303

16/03/17

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

 

AGMES

Sign to be erected and review of other localities to be undertaken.

15

PRF79

16/03/17

That Council call for expressions of interest for membership of a S355 CoM for the Adin St reserve, Village Green and other public land in the vicinity.

 

GM

To be reported in May 2017

15/5/2017 – requires a decision as to whether or not the new S355 CoM will incorporate the existing Tennis Courts CoM.  Not likely to be reported before July 2017.

 

17/5/2017 – Decision made not to incorporate the Tennis Courts Committee of Management – Expressions of Interest to be advertised.

16

PRF79

16/03/17

That the Plan of Management for the Adin St Reserve be reviewed.

 

GM

To be reported in May 2017.

15/5/2017 – Awaiting determination of S355 Committee who would have input into a review of the Plan of Management.

 

17

PRF79

16/03/17

That Council consider an allocation in the 17/18 budget to commence the Village Green planting.  Implementation to be in consultation with the community.

 

GM

18/3/17 - Allocation of $5,000 to listed in draft budget.

18

SF474

16/03/17

That Council support & fund a new tourism website etc.

 

MCD

18/3/17 - Contractor being engaged.  Availability of required staff resources being assessed.

 

2/5/2017 – Quote accepted and website template being developed – this will take approximately 6 weeks

 

19

SF474

16/03/17

That Council receive a report on the development of a tourism strategic plan for consideration in the draft budget.

GM

18/3/17 – Tourism Coordinator is considering brief.  An allocation of $20,000 has been listed in draft budget.

20

SF2230

16/03/17

Council assess the appropriateness of the Water & Sewerage restricted reserves after the completion of the review of the Water Cycle Management Plan

 

AGMCS

18/3/17 – Report late 2017

 

21

SF2303

30/3/17

Council seek further advice from Mr Miles as to ways Council may be able to connect with the veterans either formally or informally on the Nambucca River leg (Operation Pilgrimage)

 

MCD

3/5/2017 – Further investigation being undertaken

22

SF2195

30/3/17

Council seek to further negotiate the offer of compensation from RA for the damage caused by the 2016 World Rally Championship.

 

GM

4/4/17 – letter sent to RA requesting a meeting

20/4/17 – meeting organised for 10am Friday 5 May 2017

5/5/2017 – outcome of meeting was to confirm $20k offer plus bringing forward $20k for 2017/2018.  Mayor to discuss with Member for Coffs Harbour.  Letter to Destination NSW.

16/5/17 - letter sent to Destination NSW re funding for damage bill

 

17/5/2017 - Deputy Mayor and Cr Finlayson attending Rally Australia Meeting.

23

SF2195

30/3/17

Council make representations to the Min. for Sport concerning damage caused to NSC roads by the 2016 World Rally event …

 

GM

4/4/17 – letter sent to Minister and cc to Member for Oxley

 

 

24

SF842

30/3/17

Council call for expressions of interest for membership of Clean Energy Committee.

 

GM

2/5/17 – expressions of interest in participating on the Committee have been sought.  They close on 12 May 2017.  A number of nominations have been received.

 

APRIL 2017

25

SF2303

13/04/17

Council receive a report discussing costs/benefits of an application to NBN Co to change the proposed fibre to node rollout to either fibre to the kerb or full fibre to premises.

 

GM

Report in May 2017

Briefing by NBN staff on 21 April 2017

26

SF2303

13/04/17

Council receive a report addressing the matters raised by Mr Brookes in his correspondence regarding charges to operate on-site sewage management systems including any recommendations in relation to his suggestions for Council consideration.

 

GM

Report in May 2017

27

 

13/04/17

Council write to the Minister for Roads, seeking advice as to the timing of Fixing Country Roads Grant Program.

 

GM

Letter sent.

1/5/17 - Council has been informally advised that the program will open in June 2017.

28

LF6505

13/04/17

Council again request the RMS to construct the road connection to Florence Wilmont Drive on the basis that the RMS has created the situation and that the Minister’s assistance be sought.

 

GM

1/5/17 - Letter sent

29

SF2303

1/05/17

A report be prepared to advise Councillors on operational land held by Council as well as Council’s community land; and that such report includes Council’s industrial land for sale but excludes pump stations, sewage treatment plants and drainage reserves.

 

GM

1/5/17 – report to meeting in June 2017

30

SF265

1/05/17

Donations Policy – Councillors provide any comments on the reviewed policy within 14 days, after which time it will be reported back to Council, for adoption, with any comments taken into consideration.

 

GM

1/5/17 – report to meeting in June 2017

MAY 2017

31

DA2017/028

11/05/17

That it be determined how many blocks are in the Shire that could be affected by the proposed “grandfathering” of S64 contributions and further staff consider what mechanisms can be put in place to notify potential purchasers of the contribution liability.

 

GM

15/05/17 - Report in June 2017

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.2      SF578              250517         Land Management and Biodiversity Conservation Reforms - Regulations on Public Exhibition until 21 June 2017

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council note the information concerning the public exhibition of the draft regulations for the Biodiversity Conservation Act 2016 and the Local Land Services Amendment Act 2016.

 

 

OPTIONS:

 

Council has the option of making a submission.

 

 

DISCUSSION:

 

The NSW Government has placed on public exhibition until 21 June 2017 the draft regulations for the Biodiversity Conservation Act 2016 and the Local Land Services Amendment Act 2016.

 

All of the information which has been placed on public exhibition can be found on the website www.landmanagement.nsw.gov.au

 

The Local Land Services Amendment Act (LLSA) 2016 enables the Chief Executive of the Office of Environment and Heritage to prepare a Native Vegetation Regulatory (NVR) Map.  The map will show rural land where:

 

·           Clearing of native vegetation can occur without approval (category 1 – unregulated land)

·           Unless authorised under certain other legislation, requires authorisation (category 2 – regulated land)

 

The NVR map will also show two sub categories of regulated land:

 

·           Vulnerable regulated land

·           Sensitive regulated land

 

Landholders will be able to seek a review of the category of their land.  The draft LLSA Regulation provides detail about the landholder review process including information required as part of a review application, fees and timeframes applying to the reviews.  If dissatisfied with the outcome of the review by OEH, landholders will be able to appeal to the Land and Environment Court.

 

It is intended that the draft Map will be published online and formal landholder review provisions will begin, once the reform package commences in August.  The regulatory effect of the Map is likely to commence in 2018.

 

There is a draft Land Management (Native Vegetation) Code which covers the following types of clearing on category 2 – regulated land:

 

Management of invasive native species

This pertains to the removal of listed invasive native species that have reached unnatural densities and dominate a treatment area, in order to promote regeneration of native vegetation.

 

Thinning of woody vegetation

The thinning of trees and shrubs to predetermined densities to provide for improved pasture availability.

 

Harvesting of stock fodder

The sustainable use of Mulga species for stock fodder.

 

Continuing use

The continuation of lawful vegetation management practices undertaken prior to the commencement of the new framework.

 

Transitioning Property Vegetation Plans

The extinguishment and transition of approved Property Vegetation Plans under which partial clearing has been undertaken.

 

Equity Clearing

The removal of paddock trees and small areas to increase farm efficiency and clearing to expand agricultural activities, in exchange for set aside areas containing remnant vegetation.

 

Farm Planning

Removal of paddock trees and small areas to increase farm efficiency and clearing to expand agricultural activities, in exchange for set aside areas requiring revegetation.

 

The Code proposes “set-aside” ratios to identify how much land that must be set aside in exchange for clearing in another area of a property.  All set-asides must be in addition to any current publicly funded initiative, offset or existing set-aside and will be in perpetuity and run with the land.  Set-asides will be listed on a public register.  There will be a statutory requirement for landholders to undertake reasonable efforts to promote vegetation integrity in the set aside area.

 

Where clearing is proposed of a vulnerable ecological community (VEC) or endangered ecological community (EEC) a 50% loading for VECs and a 100% loading for EECs will be imposed when calculating the set-aside area.  The set aside must be of the same VEC or EEC as the vegetation proposed to be cleared.  A patch of vegetation will be taken to be a VEC or EEC where it is in moderate or good condition and is likely to be viable in the long-term.

 

There will be some special categories of land and vegetation on which no clearing under any Codes will be permitted, including coastal and Ramsar wetlands, littoral rainforest, core koala habitat, critically endangered ecological communities, old growth forests, and high conservation value grasslands.  This vegetation will be identified by a new subcategory (category 2-sensitive regulated land) of land mapped on the Native Vegetation Regulatory Map.

 

Pending the publication of the Native Vegetation Regulatory (NVR) Map it is difficult to assess the impact of the legislation.  However the arrangements for regulating clearing on category 2 regulated land are not simple and it is foreshadowed that there will be a significant compliance burden for the relevant State agencies in assessing applications and then checking approved clearing activities.  It will be interesting to see what level of take-up will occur in relation to clearing on category 2 – regulated land.

 

It is open for Council to make a submission in relation to the advertised regulations.  However because the Council has no statutory responsibility in relation to the implementation of the legislation, nor has it received any direct representations in relation to the matter it is not proposed that Council make a submission.

 

 

CONSULTATION:

 

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

 

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The legislation has significant implications for the environment.

 

Social

 

The legislation has significant social implications.

 

Economic

 

The legislation has significant economic implications.

 

Risk

 

There are no discernible risks to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no implications for Council service levels or resourcing.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager

ITEM 9.3      PRF19              250517         Illawong Village Boundary Adjustment

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager; Wayne Lowe, Manager Business Development         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council request the NSW Department of Industry – Lands to provide Council with trust tenure of Part Lot 483 DP 755550 and Lot 447 DP 755550 being the undeveloped residue of Crown Reserve 85920 to enable its development for housing for seniors or people with a disability.

 

 

OPTIONS:

 

The options available to Council are those listed by the NSW Department of Industry – Lands being:

 

·           Trust Tenure to Council for a purpose consistent with the notified purpose of the reserve, under provisions of Section 108 or 102 of the Crown Lands Act, 1991 (CLA).

 

·           Tenure direct from the Department to Council for a purpose which is not considered consistent with the notified purpose of the reserve under provision of section 34A of the crown lands Act.

 

·           Council rationalise the ownership of the subject land through acquisition, under the provision of land Acquisition (Just terms) Compensation Act 1991.

 

 

DISCUSSION:

 

On 3 March 2016 the Manager of Illawong Village wrote to Council’s Manager Business Development in relation to relinquishing tenure back to Council of Part Lot 483 in DP 755550 and Lot 447 DP 755550, which comprises part of the Crown Reserve 85920 created for the purpose of Homes for the Aged.  This land is shown in purple on the attached plan being the land on the corner of Woodbell Street and Riverside Drive.  The area of the land is approximately 2,800m2.

 

The land shown in purple is part of the original Crown Reserve R85920 created for the purpose of Homes for the Aged on 26 August 1966.  The Illawong Retirement Village was constructed on the balance of the Reserve, with the Retirement Village being appointed as the Trustees of the Reserve and the Illawong Village Limited being appointed as the corporate manager of the Trust.

 

The matter has been discussed with a Property Management Officer from the NSW Department of Industry – Lands who has now advised that the following options may be considered by Council in relation to Lot 477 and the adjoining triangle part of Lot 483.

 

·           Trust Tenure to Council for a purpose consistent with the notified purpose of the reserve, under provisions of Section 108 or 102 of the Crown Lands Act, 1991 (CLA),

 

·           Tenure direct from the Department to Council for a purpose which is not considered consistent with the notified purpose of the reserve under provision of section 34A of the crown lands Act.

 

·           Council rationalise the ownership of the subject land through acquisition, under the provision of land Acquisition (Just terms) Compensation Act 1991

 


 

At Council’s meeting on 12 January 2017 it was resolved as follows:

 

“1.      That the Illawong Village Limited be advised that Council will accept trusteeship of the land being Part Lot 483 DP 755550 and Lot 447 DP 755550 so as to facilitate its development for its intended purpose of providing affordable housing for seniors or people with a disability or otherwise maintained as part of the open space of McMorrine Park.

 

2.       That if the Illawong Village Limited agrees to transfer trusteeship with the knowledge of Council’s intentions, then there be a further report to Council in relation to securing expressions of interest from suitable parties in the development of the land.

 

As indicated on the attached zoning map, Lot 477 is zoned RE1 Public Recreation whilst the adjoining triangle part of Lot 483 is zoned R1 General Residential.  Housing for seniors or people with a disability is a permissible use of the land pursuant to the applicable State Environment Planning Policy for such housing.  There are now a number of non-government organisations (NGO’s) active in providing such housing in the local government area, the most recent similar development under the SEPP being a cluster unit development in River Street, Macksville near the Courthouse.

 

Illawong Village Ltd have now written to Council advising that at their Board meeting on 8 March it was resolved to accept Council’s recommendation regarding reacquisition of the above land lots.  The reference to “reacquisition” is presumably the “trusteeship” of the land.  A copy of their letter is attached.

 

It is now proposed that Council seek the transfer of trust tenure for Part Lot 483 DP 755550 and Lot 447 DP 755550 being the undeveloped residue of the Crown Reserve 85920 to enable its development for housing for seniors or people with a disability.  Following the transfer of trust tenure it is proposed that Council seek expressions of interest in the development of the land for a purpose consistent with the notified purpose of the reserve being for “Homes for the Aged” which in 2017 is expressed as housing for seniors or people with a disability.

 

 

CONSULTATION:

 

There has been consultation with the Illawong Retirement Village and the NSW Department of Industry – Lands.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.  There is a significant drainage channel through the land which would need to be maintained in any housing development.

 

Social

 

At this stage there are no social issues.  It is likely that there would be objections to what will be perceived as the “loss” of parkland.  However the vacant land which is part of the Crown Reserve was never identified to be used as a park but rather for “Homes for the Aged”.  Balanced against this perception is the real need for affordable housing for seniors and people with a disability.  This need is arguably more acute in 2016 than it was when the Reserve was created in 1966.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

The major risks are identified in the social considerations.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no budgetary implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there are no service level implications.  Council is continuing to mow and maintain the area notwithstanding it is not legally responsible.

 

Attachments:

1

337/2017 - Reserve for Aged Homes

 

2

370/2017 - Illawong Village - Residue Crown Reserve

 

3

338/2017 - Reserve for Aged Homes Zoning

 

4

10359/2017 - Acceptance of Council's recommendation

 

  


Ordinary Council Meeting - 25 May 2017

Illawong Village Boundary Adjustment

 


Ordinary Council Meeting - 25 May 2017

Illawong Village Boundary Adjustment

 


Ordinary Council Meeting - 25 May 2017

Illawong Village Boundary Adjustment

 


Ordinary Council Meeting - 25 May 2017

Illawong Village Boundary Adjustment

 


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.4      SF42                250517         2017/2018 Determination of the Local Government Remuneration Tribunal

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        That Council confirm that remuneration for the Mayor and Councillors in 2017/2018 be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal being:

 

          Councillors                    $11,570

          Mayor Additional Fee     $25,250*

 

          *This fee must be paid in addition to the fee paid to the Mayor as a Councillor (s.249(2)).

 

2        That Council’s Creditors Clerk be advised of the increase in Councillor fees effective from 1 July 2017.

 

 

OPTIONS:

 

The Council can adopt fees with the specified range of minimum to maximum.  If the council does not fix a fee, the council must pay the minimum fee determined by the Tribunal.

 

 

DISCUSSION:

 

The Local Government Remuneration Tribunal recently released its annual determination being an increase of 2.5% to mayoral and councillor fees for the 2017/18 financial year, with effect from 1 July 2017.  This is consistent with the Government’s public sector wages policy which currently provides for a cap on increases of 2.5%.  The tribunal’s report is attached.

 

Sections 248 and 249 of the Act require councils to fix and pay an annual fee based on the Tribunal’s determination.

 

Six existing councils will be eligible for increases of more than 2.5% as those councils have been categorised into a higher or new category on the basis of the revised criteria.

 

The 20 new councils created as a result of the 2016 mergers have been placed in one of the existing or new categories.  It will be noted that the mergers have resulted in an overall reduction in the number of NSW councils from 152 to 128 and with that an estimated maximum saving on the overall cost of councillor fees in NSW of approximately $2.5m.

 

Nambucca Shire Council remains in the category of a rural council.  There are 57 rural councils.  The next larger category is a regional rural council which includes Coffs Harbour, Clarence Valley, Kempsey, Port Macquarie-Hastings, and Mid-Coast councils.  It will be noted that there is a substantial increase in fees for these councils being 67% higher than those payable to rural councils.

 

It is apparent that the remuneration system relies on simply aggregating councils into like groupings and pays no regard to the operational arrangements of a particular council; the number of meetings which councillors attend; the effort applied in responding to constituents and the like.  A council cannot fix a fee higher than the maximum amount determined by the Tribunal.

 

The practice of this Council, not unreasonably, has been to set the fees at the maximum allowed under the determination

 

 

CONSULTATION:

 

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

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.  A provision is made for the indexation of Councillor fees in the 2017/2018 operational plan.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

1

17520/2017 - Local Government Remuneration Tribunal Report

 

  


Ordinary Council Meeting - 25 May 2017

2017/2018 Determination of the Local Government Remuneration Tribunal

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.5      SF1673            250517         Cost/Benefit of an Area Switch in NBN Technology

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That the information concerning the cost/benefit of an Area Switch in NBN technology be received.

 

 

OPTIONS:

 

The Council can lodge an application for an Area Switch of the NBN from fibre to the node (FTTN) to fibre to the premises (FTTP).

 

 

DISCUSSION:

 

At Council’s meeting on 13 April 2017 it was resolved to receive a report discussing the costs/benefits of an application to NBN Co. to change the proposed fibre to node rollout to either fibre to the kerb or full fibre to the premises.  The matter was also discussed with NBN Co. staff at a Council briefing held on 21 April 2017.

 

The resolution followed representations which have been made to Council to the effect that the Nambucca Valley not be left at a disadvantage to Coffs Harbour and surrounding areas which benefitted from participating in an early stage roll-out of the NBN which provided fibre to the premises.  The representations refer to prospective bandwidths under the different technologies and that speed intensive businesses and individuals have a strong preference for direct fibre to the premises, or at least fibre to the kerb as the next best option.  The representations request that Council submit an application to change the rollout technology under the NBN’s Technology Choice Policy.

 

A copy of the NBN’s Technology Choice Policy is attached.

 

The applicable technology choice option to change the rollout technology for the whole Shire or parts of the Shire is an “area switch”.

 

According to the policy the cost to change technology infrastructure for Area Switch could range from tens of thousands of dollars to few millions of dollars where the cost is generally dependent upon size and complexity of the project.

 

For an area switch application, an application fee is payable to procure a cost estimation.

 

NBN recommends that the minimum size of an Area Switch is one of the following:

 

·           A whole node (150-350 premises)

·           A whole multi-dwelling unit (MDU)

 

NBN determines an applicant’s financial contribution for an area switch build quote based on a number of factors.  An applicant’s financial contribution equals the difference between the cost of the originally planned technology and the new technology chosen for the Area Switch.

 

If the Council were to choose for example to lodge an application under the Technology Choice Policy, then if accepted the applicant is required to pay a fee to progress to the next step.  Following payment of the fee, NBN conducts a feasibility assessment, which includes the preparation of a cost estimation.  If the applicant wishes to proceed, NBN issues a Design and Quote Fee that must be paid in full.  The Design and Quote Fee will obviously vary depending on the size of the Area Switch and the amount of work required.

 

Following payment of the Design and Quote Fee, NBN engages contractors to develop a detailed design and provide a build quote.  The build quote contains the costs associated with construction of the area switch as well as a payment schedule, indicative timeframe and contract with terms and conditions.

 

In terms of assessing the potential benefit of an Area Switch the advice from NBN staff at the briefing on 21 April was that download and upload speeds depend on a number of factors include the wi-fi set-up of the individual premises but also the location of the node relative to the premises.

 

As it stands, NBN as a wholesaler offer a choice of “superfast” speeds ranging from 25Mbps to 100Mbps.  However not all speeds of greater than 25Mbps will be available at all premises.  In general terms 25Mbps provides fast broadband suitable for domestic use with 100Mbps being more appropriate for uploading and downloading large files.

 

Should Council consider lodging an application for an Area Switch it will certainly be the case that the Council could never afford to upgrade all premises from fibre to the node (FTTN) to fibre to the premises (FTTP).  It is doubtful that Council could fund even a more limited Area Switch such as the two major industrial areas.  And even if consideration was to be given to more limited Area Switches, the Council would have the potential equity issue in improving the level of service for some ratepayers but not others.

 

Council could seek to recover the cost of an Area Switch from FTTN to FTTP via a special rate but this itself could be fraught with difficulty if a significant proportion of businesses were not interested in paying a premium to have increased internet speeds.

 

A further consideration is the limited capacity in Council staffing to undertake all of the necessary consultation and reporting to support an Area Switch from FTTN to FTTP.  This would include the work required to obtain a quote and the reporting and consultation required to develop at Area Switch.  As the NBN fibre rollout for this local government area is forecast to occur late in this calendar year, all of the planning work which would be needed for an Area Switch would need to occur immediately.

 

In the circumstances it is not recommended that Council take any further action in relation to the opportunity to make application for an Area Switch.  If the Council wishes to consider an Area Switch for all or part of the local government area then it will immediately need to commit to lodging an application.

 

 

CONSULTATION:

 

There was consultation with NBN Co. staff at the briefing held in the Council Chambers on 21 April 2017.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The proposed NBN rollout for the Nambucca local government area is as per the technology being rolled out across the rest of Australia.  Whilst the NBN rollout commenced in Coffs Harbour with FTTP, the Australian Government has now shifted to FTTN.  In affect the Technology Choice Policy to provide for an Area Switch from FTTN to FTTP shifts some of the cost of the Australian Government’s initial offer to local government.

 


 

Economic

 

There is debate as to the economic cost/benefit of FTTN versus FTTP.

 

Risk

 

The major risk with a relative under investment in the NBN technology, ie FTTN versus FTTP, is only likely to be realised many years into the future, particularly as homes and workplaces become more data intensive.  There would be significant financial risks to Council should it decide to support an Area Switch to FFTP.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation has no budgetary impact.

 

Source of fund and any variance to working funds

 

The recommendation has no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The recommendation has no implications for service levels or staff resources.

 

Attachments:

1

17675/2017 - nbn-technology-choice-policy

 

  


Ordinary Council Meeting - 25 May 2017

Cost/Benefit of an Area Switch in NBN Technology

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.6      SF1958            250517         Nambucca Flood Risk Management Study and Plan

 

AUTHOR/ENQUIRIES:    Grant Nelson, Coordinator Strategic Planning & Natural Resources; Michael Coulter, General Manager         

 

Summary:

 

The purpose of this report is for Council to endorse the Nambucca River and Deep Creek Flood Risk Management Study and Plan.

 

 

Recommendation:

 

1.   That Council adopt the Nambucca Flood Risk Management Study and Plan for implementation with the changes identified/ recommended in this report.

 

2.   Councils internal Geographic Information System be updated with the most current flood mapping available including, 1% AEP flood Levels, PMF flood levels, relevant Flood Velocities and surveyed floor levels of dwellings in the project area;

 

3.   Amendments to the Nambucca LEP 2010 recommended in the Flood Risk Management Plan be given further consideration in the next housekeeping LEP amendment.

 

 

OPTIONS:

 

Council may choose not to adopt the Flood Risk Management Study and Plan or adopt it further changes.

 

DISCUSSION:

 

Floods damage public and private property and can take lives depending on their severity, but there are a number of ways that people and governments can reduce the risks.

 

Nambucca Shire Council, with funding support from the Office of Environment and Heritage (OEH), has completed a study which identified the risks of flooding in the Nambucca River and Deep Creek. The information has been used to develop a plan to manage those risks. Funding for this study and plan has been provided by Council and the Office of Environment and Heritage Floodplain Management Program.

 

Consultants WMAWater were engaged by Council to prepare the study and plan. They have used modeling to determine the extent and nature of flooding in the study area, which includes Nambucca River, Deep Creek and Warrell Creek.

 

The study and plan looks at all aspects of flood nature and their impact in the valley and provides options for flood risk management. Management measures can include:

 

·           Flood modification measures such as construction of levees, channel modifications, temporary flood barriers;

·           Property modification measures such as land use zoning, voluntary purchase, building and development controls, house raising; flood proofing and flood access;

·           Response modification measures such flood warning systems, flood awareness and preparedness and evacuation planning;

 

The study and plan were endorsed by Council’s Nambucca River Creeks, Estuaries and Coastline Management Committee and Council for Exhibition. The documents were on exhibition from 8 December 2016 to 3 February 2017. Material was placed on exhibition in the Council chambers and a vacant shop front in River St, Macksville and an electronic survey was made available during exhibition.

 

Links to the information produced during the program have been available on Council’s website during the process. These links are provided below.

·      Community Newsletter (<1MB)

·      Deep Creek 1 in 100 year flood event (youtube video)

·      Nambucca 1 in 100 year event (youtube video)

·      Deep Creek 1% AEP Event (14MB PDF)

·      Nambucca 1% AEP Event (12MB PDF)

Please follow the below links to a draft of the Nambucca Flood Risk Management Study and the Nambucca Flood Risk Management Plan as exhibited 

·      NA_FRMP_Combined_Figures (13.5 MB)

·      NA_FRMS Combined Figures (large download warning - approx 95.1 MB)

·      NambuccaFRMP_draft_160802 (<1 MB)

·      NambuccaFRMS_draft_161017 (1.2 MB)

·      Appendix B (22.4 MB)

·      Appendix C (19.3 MB)

·      Appendix D (<1 MB)

During the exhibition period Council received four (4) submissions via the survey.  Some verbal comments have been received at the Counter and also at a recent SES forum for Kings Point residents. Generally the survey response to the exhibition was quite poor which possibly highlights the complacency of the community to flooding and the need for additional flood awareness programs (a priority action of plan). A similar survey prepared for flying foxes in Gordon Park has received 80+ responses.

 

Survey Responses

 

-     Respondents considered Valla Beach as the area most vulnerable to flooding over Macksville and then Nambucca. (Planning comment: It is noted that flood impacts at Valla Beach are largely restricted to the Valla Beach Resort.)

 

-     Respondents were most interested in the flood mapping and levels related to particular properties;

 

-     Respondents considered Flood Awareness, Flood Planning and improving access and decreasing isolation during flood events to be the most important management options.

 

Kings Point

 

At recent forum provided to Kings Point residents questions were raised by Kings Point residents in respect to the labelling of Kings Point as a floodway and the implications this has on insurance premiums.

 

Kings Point is one of the more vulnerable communities in the shire in respect to flooding, and in the study it is categorised between H2- H5. As part of the study flood levels of all houses in vulnerable areas were surveyed and the majority of dwellings in Kings Point have their ground floor level impacted in a 2% AEP event (1 in 50 year ARI).

 

Staff are not aware of the methodology insurance companies use to determine their premiums however Council would be taking on a substantial risk in negligence if it were to disregard or worse unilaterally change expert advice.  In other words if the Council provides information knowing it is wrong or is likely to be wrong and in acting on that information a person suffers loss then the Council has a liability risk.  The flood modelling information provided by the consultants should be regarded as the most reliable information prepared to date.

 

Council offers a Flood Information Request (at cost) to residents should they require information in writing from Council in respect to flooding. In some instances this has assisted residents to reduce their premiums as they have been able to demonstrate to the provider that their floor level is above the flood level. However, this information may not be helpful to persons whose dwellings would be flooded.

 

Further, at the recent SES forum residents were concerned in respect to the velocities of flood water at Kings Point and how this effects the Hazard Classification when comparing to the much faster velocities located in the River itself.

 

The hazard classification is a result of the flood water velocity and the depth of the flood water combined. The following table was shown to Kings Point residents at the recent forum. It shows this relationship and is the basis of the Flood Hazard Classification. The Kings Point area is made of up H1-H5 Hazard Classification but predominately H5 and H2-H4.

 

 

Tilly Willy Creek

 

Some residents raised questions about development impacts on urban stormwater and flooding increases in Tilly Willy Creek due to development in the south Macksville industrial estate and nearby Residential subdivisions.

 

The study indicates the following

 

 

Based on the comments from submissions and also a final review by Council’s Development and Environment Section the following changes to the plan are recommended.

 

Final Proofing

 

A number of minor grammatical, spelling and reference errors will be corrected.

 

Recommended Management Measures

 

A number of recommended management measures are identified through the body of the Flood Risk Management Study, however not all of these are reflected in the management measures contained in the Plan.

 

It is important to ensure that all management measures are identified and given priority implementation status in the plan or they may not be eligible for associated funding streams available to implement flood risk management.

 

Telemetry

 

A recommendation in the study is to install event reporting radio telemetry system on two flood gauges in the Nambucca River gauge system. The information made available by the installation of this technology on these gauges will inform the Environment Base Station at the local SES headquarters and programs that contribute to the Flood Warning and Emergency Management operations during a flood event in the Nambucca River.  The absence of this telemetry on these gauges was identified as deficiency in the Flood Warning System during the preparation of the Flood Risk Management Study, which recommends that this issue should be rectified as a priority.  This recommendation should be included as action in the Flood Risk Management Plan.

 

Infrastructure and community resilience to flooding

 

A recommendation of the flood risk management study is to undertake a review of Council assets in conjunction with the design of bridges and road infrastructure to investigate the feasibility of works which may improve flood resilience of the community. For example raising a bridge height during replacement- reconstruction may reduce the frequency a community becomes isolated.

 

This should be included as a recommendation in the flood risk management plan. As well as being a logical exercise during design work, it may allow Council to access funding to construct roads and bridges which may improve the resilience of communities to flooding, climate change and even economic impacts.

 

Simplified flood model for rural areas

 

The study indicates that outside the study area Council should consider simplified modelling such as those provided by WaterRIDE to provide first pass flood levels for rural DA’s. In many rural areas/ smaller catchments Council does not have any flood information and assessment can be difficult.  The plan should provide for this type of modelling which would be a valuable asset for rural development assessment.

 

East Macksville Levee

 

The Flood Risk Management Study recommends a levee at East Macksville be given further consideration via a more detailed investigation.  The Management plan indicates it should be constructed not investigated. This should be corrected to ensure an investigation is undertaken prior to construction.

 

Riverbank Erosion

 

The study indicates that river bank erosion should continue to be monitored particularly where roads could be impacted by floodwaters. Works to reduce the effect of flood waters on roads should also be included as an option in the plan.  Council recently experienced flood damage to Gumma Road. This should be included in the flood risk management plan.

 

LEP Amendments

 

The study does not recommend any land use zoning changes, however staff have identified some residential zoned land at Kings Point with the potential to be further subdivided (approximately 1HA).

 

A separate report to this meeting discusses a new housekeeping LEP amendment. During the preparation of this amendment Council staff will investigate options for this area.  No changes to the plan are required to implement this action.

 

Flood Planning

 

Council consultants identified an error in the exhibited plan which showed no requirements for floor levels for a number of development types in Low Flood Risk (H1) areas. This has since been corrected and is reflected in the matrix. For the purpose of clarity an amended flood planning matrix has been produced and is included below. An example of the classification maps that related to the matrix is also provided.

 

Staff have reviewed the flood planning information in detail and a number of changes are recommended.

Within the Controls section of the Matrix it is recommended that the wording related Flood Affectation 2 be amended as shown in red below:

 

‘The flood impact of the development to be considered to ensure that the in relation to the developments minimises flood effects elsewhere, having regard to : (i) loss of flood storage; (ii) changes to flood levels and velocities caused by alterations to the flood conveyance; and (iii) the cumulative impact of multiple potential developments in the flood plain. An engineers report may be required.

 

Also Management and Design 4 be amended as corrected in red below to read:

 

Applicant to demonstrate the potential development as a consequence of a subdivision proposal can be undertaken in accordance with this DCP the relevant DCP.’

 

Also it is proposed to place a note within the Matrix to apply to land that is comprised of multiple hazard classifications. The note will ensure that proposed developments generally permissible under the Matrix are not prohibited due to non-habitable ancillary features or components of the development being located in a hazard classification where the dominant landuse would normally be prohibited. The note will apply to hazard classifications H1-H5. The H6 classification has not been included as it represents the main flow of the Rivers and Creeks and is considered that all building types in this area are vulnerable to failure.

 

As an example a development may be fully outside the 1% AEP level or even the ‘Probable Maximum Flood Level’ but the access may pass through Hazard Classification H5 – H1 area. The access would be subject to a Flood impact Assessment in accordance with the high level controls listed in the Matrix.

 


 

The note is below:

 

Note:

 

On allotments that are covered by multiple risk categories including ‘no mapped hazard’ and hazard classifications ‘H1-H5’, non-habitable ancillary development that serves a permissible predominate use of the land in this matrix can be considered subject to merit based assessment and flood impact assessment that addresses control requirements:

 

Controls: Building Materials (1); Structural Soundness (1); Flood Affectation (1)

 

GIS information

 

The flood data and modelling used to support the study and plan was developed in 2013 and has been in use by staff without issue in flood planning and engineering design since 31 October 2013 (refer to the Council resolution below).

 

          That Council adopt the Deep Creek Flood Study and Nambucca River Flood Study Reports and that Council utilise the new 100 year ARI 2100 Climate Change peak flood levels for development and infrastructure considerations as appropriate. In some instances Council may need to reference other modelled events in the studies such as the Probable Maximum Flood (PMF).

 

It is noted that with the refinement of designs for the Pacific Highway upgrade there has been some minor changes to the flood modelling which should be reflected in our current data.

 

Staff have recently requested all data for the project be handed over from the consultant including the most recent GIS flood information and flood modelling results. It is proposed to include this information on Councils internal GIS system as a resource for both planning and engineering staff.

 

A future action of the Flood Risk Management Plan is to make this information more broadly available to the public as a flood awareness action. There are various web based applications that can make this information available.  Staff will pursue future grant funding to assist resourcing this action.

 

Implementation

 

Although not formally adopted, many actions in the plan provide a logical response that will assist the community’s preparedness for flood. Since the exhibition of the plan staff have:

 

-     Assisted the SES to provide Kings Point residents with a flood awareness workshop;

-     Applied for an OEH grant to install telemetry on the two (2) gauges in the Nambucca system;

 

As part of the recommendations of this report Council will endorse the Flood Risk Management Plan for implementation. Staff will commence implementation of actions, reporting to the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee meetings on progress and Council as necessary.  Staff will also monitor the implementation of the Flood Risk Matrix and any issues that may be identified will be reported to Council as appropriate.

 

CONSULTATION:

 

Manager Planning and Environment, General Manager.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The adoption of the flood risk management plan by Council will have no negative impacts. Some actions proposed in the Flood Risk Management Plan provide for environmental improvement as well as hazard mitigation e.g Bank Stabilisation.

 

Social

 

The adoption of the Flood Risk Management Plan by Council will provide Council with a framework of activities and actions to improve the community’s awareness, response and safety in times of flood.

 

Economic

 

Adoption of the flood risk management plan includes activities which will assist businesses being prepared for and responding to flooding.

 

Identification of actions within the Flood Risk Management Plan will allow Council to target funding opportunities to support activities that address flood issues in the shire.

 

Risk

 

Although not formally adopted, many actions in the plan provide for logical activities that will assist the community’s preparedness for flooding. Council staff have already commenced activities identified in the plan. Since the exhibition of the plan staff have:

 

-     Assisted the SES to provide Kings Point residents with a flood awareness workshop;

-     Applied for a OEH grant to install telemetry on the two (2) gauges in the Nambucca system;

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

This project has been partially funded by the Environmental Levy and OEH through their flood management program.

 

Source of fund and any variance to working funds

 

NIL

 

Service level changes and resourcing/staff implications

 

NIL

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.7      DA2017/076      250517         Development Application DA2017/076

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

The proposed development seeks approval for the construction of a two bedroom dwelling house at the rear of 68 High Street, Bowraville - Lot B DP 316099 fronting Adam Lane. A copy of the proposed plans has been included within attachment 1.

 

The proposal has been notified and assessed in accordance with the Environmental Planning and Assessment Act 1979 and subject to the recommended conditions of consent contained within attachment 2, it is considered to be generally consistent with all of the relevant matters for consideration.

 

The development application is being referred to Council for determination because the maximum floor space ratio (FSR) shown for the land on the FSR Map is 0.55:1 and the proposed dwelling will result in the total buildings on the land having an FSR of 0.63:1. It is considered that the 0.55:1 maximum FSR which is applicable for all properties (such as the subject site) which back onto Adam Lane is inappropriate as it significantly disadvantages these properties ability to provide a vibrant commercial precinct within the Village and improve the character of the immediate vicinity (Adam Lane). As such it is recommended that Council support the proposed variation to the FSR map as part of this development application and support the intended review of the NLEP which will include an amendment to the Bowraville FSR map. Details of the proposed NLEP review have been included as part of a separate report for consideration at this Council meeting.

 

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

 

Recommendation:

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2017/076 for a dwelling house on Lot B DP 316099 68 High Street, Bowraville, subject to the schedule of conditions outlined in attachment 2 of this report.

 

OPTIONS:

 

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

 

(b)        Refuse consent to the development application.

 

 

DISCUSSION:

 

Subject Site

The subject site is located at 68 High Street, Bowraville and is legally known as Lot B DP 316099. It is located within the RU5 Village Zone under the Nambucca Local Environmental Plan 2010. The site is rectangular in shape and is sloped down towards the western boundary. The sites eastern boundary fronts High Street and its western boundary fronts Adam Lane. There is currently one existing building on the site which fronts High Street. It contains a takeaway shop and two dwellings. The remainder of the site is vacant and provides the only available off street parking.

 

 

 

Locality Plan

 

Proposed Development

The proposed development seeks approval for the construction of a two bedroom dwelling house at the rear of the site fronting Adam Lane. The construction of the dwelling will require significant excavation to enable the provision of off street parking for the proposed dwelling and the existing development on the site. A copy of the proposed development plans has been included within attachment 1.

 

The proposed development is considered to be satisfactory with regards to the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:

 

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

Due to the scale of the development and the location and modified environment of the site and its surrounds, it is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats.

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

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

 

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

 

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

 

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

 

Clause

Complies

Comments

2.3 - Zone objectives and land use table

Yes

The proposed development is permissible with consent and is considered to be consistent with the relevant objectives of the zone.

4.3 - Height of buildings

Yes

The proposed building is below the 8.5m maximum building height specified for the land; is consistent with the height bulk and scale of the existing and desired future character of the locality; and will not result in any significant visual impacts, disruption to views, loss of privacy or loss of solar access to existing development.

4.4 - Floor space ratio

No

The maximum floor space ratio (FSR) shown for the land on the Floor Space Ratio Map is 0.55:1. The proposed 71m² dwelling will result in the total buildings on the land having an FSR of 0.63:1.

Despite this non-compliance the proposed dwelling is considered to be consistent with the relevant objective of the clause because it will not be incompatible with the bulk and scale of the existing and desired future character of the area.

4.6 – Exceptions to development standards

Yes

In accordance with this clause, it is considered that development consent should be granted for the proposal to contravene the 0.55:1 maximum FSR specified for the land under the development standard within clause 4.3 because:

·    A written request has been made by the applicant that adequately seeks to justify the contravention of the development standard.

·    It is considered that compliance with the 0.55:1 maximum FSR is unreasonable and unnecessary in the circumstances of the case because:

Ø It will not be contrary to the aims of the NLEP.

Ø The proposal is the type of development which should be encouraged along Adam Lane as it will result in the activation the streetscape which is dominated by unattractive rear aspects of buildings fronting High Street. Given the site and surrounding area is within the commercial core of Bowraville, it is not considered that the FSR is sufficient for the land. This is because it does not differentiate between the commercial area and surrounding residential areas, resulting in poor outcomes such as this which detract from the vitality of the commercial area and immediate surrounds.  As such, it is considered that strict compliance with the standard in the subject case is unreasonable and unnecessary.

Ø As outlined above, the proposal will be consistent with the objectives of the RU5 Village zone and the objectives of clause 4.4.

·    It is considered that because the proposed variation to the development standard will only result in minor impacts on existing development within the surrounding area due to its design, separation, and topography of the land; there are sufficient environmental planning grounds to justify contravening the development standard.

·    Given the proposals consistency with the objectives of the standard and the zone, it is not considered that it is contrary to the public interest.

·    Concurrence from the Director-General is assumed in accordance with Planning Circular PS 08-003.

·    With regard to the ‘five part test’ set by the Land and Environment Court, the proposed variance is considered to be acceptable because:

Ø The objectives of the standard are achieved notwithstanding non-compliance with the standard.

Ø Due to the location of the site within the commercial core of Bowraville, the social/economic benefits the building will have and the minor impacts presented for adjoining properties; it is not considered that the underlying purpose of the standard is relevant to the subject development and therefore compliance is unnecessary.

Ø While the underlying purpose of minimising impacts on surrounding development would not be thwarted if compliance was required; for the reasons already outlined, it would be considered unreasonable to require compliance with the standard due to the minor impacts of the proposed variation, the negligible benefits requiring compliance with the standard would provide, and that the proposal and others like it on adjoining blocks will provide increased social and economic benefits for Bowraville.

Ø It is considered that the proposed variation will result in Council abandoning the development standard with regards to the subject site and surrounding properties on Adam Lane.

Ø It is considered that the 0.55:1 maximum FSR which is applicable for all properties (such as the subject site) which back onto Adam Lane is inappropriate as it significantly disadvantages these properties ability to provide a vibrant commercial precinct within the Village and improve the character of the immediate vicinity (Adam Lane). A more appropriate FSR provision would be to remove any controls within the commercial areas of these properties and have a higher ratio, such as 1:1, on the other areas to promote higher density living around the commercial area. As such it is recommended that Council support the proposed variation to the FSR map as part of this development application and support the intended review of the NLEP which will include an amendment to the Bowraville FSR map. Details of the proposed NLEP review have been included as part of a separate report for consideration at this Council meeting.

5.10 - Heritage conservation

Yes

The development site is located within a conservation area. It is not considered that the proposed dwelling will result in any adverse impacts on the conservation area as it is to be located at the rear of the site where it will not be visible from High Street. Furthermore, the proposal results in more practical parking for existing development of the site which will encourage less on street parking within High Street.

7.4 - Public utility infrastructure

Yes

The proposed development will be connected to reticulated sewer and water as reinforced by the conditions of consent.

7.6 - Earthworks

Yes

The proposed earthworks will not impact significantly on surface water flows, will facilitate the proposed development of the land, will not impact any contaminated soil or the amenity of surrounding properties (construction hours/protection of adjoining properties conditioned), is unlikely to disturb any relics, and appropriate erosion control measures have been included within the recommended conditions of consent to mitigate potential impacts on watercourses.

 

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

SEPP 62 - Sustainable Aquaculture

Yes

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

SEPP (Rural Lands) 2008

Yes

The matters in clause 10 of the SEPP are similar to Council’s general controls that are considered in the assessment of the proposal against the LEP and DCP. It is considered that there will be no land use conflicts with adjoining land as a result of the proposal.

SEPP (Building Sustainability Index: BASIX) 2004

Yes

A valid BASIX certificate, No 804481S, issued on 22 March 2017, was lodged with this application. A condition requiring the development to meet the commitments of this BASIX certificate is included in the conditions of consent.

 

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

 

It is not considered that the proposed development will be contrary to the draft Coastal Management State Environmental Planning Policy.

 

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

 

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

 

Part

Complies

Comments

Notification and advertising (Part A)

Yes

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

Environmental context (Part A)

Yes

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

Car Parking (Part C)

Yes

The two existing units require two onsite car spaces, the takeaway shop three spaces, and the proposed dwelling two spaces. The proposal includes the provision off two parking spaces for each dwelling which not only complies with this part but improves the existing situation. While there will be no onsite parking for the existing takeaway shop, this is considered acceptable due to there being sufficient room within the shop frontage to accommodate the required three spaces and there is no ability to access onsite parking from High Street, meaning it would be unlikely that provision of onsite parking at the rear for the shop would actually be utilised. It is considered that the above is demonstrating a reasonable level of flexibility as required by section 79C of the act.

Sediment and erosion control (Part D)

Yes

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

Residential developments (Part H)

Yes

The proposed development is inconsistent with the 4.5m minimum front setback requirement (3.46m proposed) and the 30% deep soil zone requirement (approximately 20% proposed). It is not considered that the proposal is inconsistent with any other provision of this part.

The above mentioned proposed variances to this part are considered to be acceptable as the front setback variation is minor, will not negatively impact the streetscape, and will increase POS to living areas at the rear of the proposed dwelling.

Although the proposal will result in less than 30% of the site containing deep soil zones, such a requirement is considered to be unreasonable in this context as the site contains a commercial component that requires a high FSR to facilitate the necessary commercial atmosphere, while the rear of the site requires development of the proposed nature to facilitate an improved street scape and commercial core vitality.

Having regard to the above, the proposed variances are considered to be demonstrating a reasonable level of flexibility as required by section 79C of the act.

Bowraville Heritage controls (Part I)

Yes

It is not considered that the proposal will be contrary to the provisions of this part.

Waste Minimisation And Management (Part N)

Yes

Conditions have been recommended to be included within the consent regarding the management of waste during construction, with sufficient room within the existing laneway for the accommodation of the three required wheelie bins.

 

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

 

There are no planning agreements applying to the subject site.

 

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

 

There are no matters prescribed by the regulation.

 

(a) (v) any coastal zone management plan

 

The development site is not located within the Coastal Zone.

 

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

 

Issue

Comments

Context and Setting

It is not considered that the proposed development will result in any adverse impacts on the existing character of the site or surrounding area due to its scale, height, orientation, and use. Rather it is considered that it will assist in activating the streetscape of the rear laneway.

Access, Transport and Traffic

The proposed access is consistent with the controls outlined within the DCP subject to the recommended conditions of consent.

Public Domain

It is considered that the proposed building will enhance the existing character of the area through its orientation to Adam Lane, which will provide an improved active streetscape.

Utilities

The development will have access to all necessary utilities.

Heritage

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

Water

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

Soils

Conditions requiring the installation and maintenance of erosion and sedimentation controls and measures to protect adjoining properties during excavations have been included within the consent.

Flora and Fauna

It is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats due to the location and disturbed nature of the site.

Waste

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

Energy

Conditioned to comply with a valid BASIX Certificate.

Noise and Vibration

Construction hours have been conditioned.

Natural Hazards

Conditions for compliance with Planning for Bushfire Protection 2006 have been included within the recommended conditions of consent.

Safety, Security and Crime Prevention

It is considered that the proposed development will provide additional opportunity for casual surveillance within Adam Lane. However, the proposed parking area is considered to be inconsistent with safer by design principles as it creates additional blind areas for potential offenders to hide/commit crime. As such, a condition has been included within the consent requiring the three parking spaces located underneath the dwelling to be enclosed by roller doors.

Social Impact in the Locality

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

Economic Impact in the Locality

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

 

(c)      The suitability of the site for the development

 

It is considered that the site is suitable for the proposed development because it will not result in any significant impacts on the natural, social, or economic environments.

 

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

 

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

 

Summary of Matters Raised

Reporting Officers Comment

Reduction of sunlight into adjoining properties.

It is considered that the proposal will result in a reasonable reduction in sunlight access to the adjoining property to the south. It will not impact existing buildings. The proposed building satisfies council’s development controls relating to building heights, setbacks, and overshadowing. Under section 79C of the act, Council is not permitted  to require any amendments to the proposal with regards to this matter due to compliance with the DCP provisions.

Assurance that there is no scope for any future height extensions for the proposed building.

There is scope for future additions to the development as it is below the 8.5m maximum building height. However, such a proposal would require approval from Council prior to commencing. Consideration of the implied impacts would be considered at that time.

Information requested regarding Councils off street parking requirements.

Councils off street parking requirements are outlined within the Nambucca Development Control Plan 2010. The proposal is considered to be satisfactory having regards to these requirements as outlined earlier in this report.

Waste is collected from the western side of Adam Lane. It is requested that bins be required to be placed on the road reserve.

Councils waste collection service currently collects waste from the western side of Adam Lane. The submission refers to there only being approximately 160mm between the property opposite the development site and the kerb. This may be correct and is less than the 600mm required to store a bin. Bins cannot be stored on the road pavement as there would be insufficient room for vehicles to pass, especially garbage trucks.

 

As such, a condition has been included within the consent for the applicant to get a survey of the road reserve undertaken. If there is 600mm of road verge on the western side of the lane, a bin pad is to be constructed to accommodate the required bins. If there is not enough room, bins will be required to be stored on the footpath which is to be constructed across the frontage of the development site as part of the consent and Councils waste collection service will need to be altered.

 

(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 Space

x

 

2 bedroom dwelling part of multi dwelling housing = $1,076.00

Surf Lifesaving Equipment

x

 

2 bedroom dwelling = $82.00

Local Roads and Traffic Infrastructure

x

 

2 bedroom dwelling = $2,649.00

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

 

10% of the above contributions = $380.70

 

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

 

1 ET = $12,782.00

2 bedroom unit = 0.6ET

= $7,669.20

Sewerage

x

 

1 ET = $7,176.00

2 bedroom unit = 0.75ET

= $5,382.00

 

CONSULTATION:

 

Manager Technical Services

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the proposal will result in any adverse impacts on the natural environment.

 

Social

 

It is considered that the proposal will have positive social impacts in the locality as it will contribute to an improved streetscape with improved safety through increased casual surveillance.

 

Economic

 

The proposal and others like it will contribute positively to the vitality of the Bowraville commercial area.

 

Risk

 

There is no adverse risk associated with the proposal.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil

 

Source of fund and any variance to working funds

Nil

 

Service level changes and resourcing/staff implications

Nil

 

Attachments:

1

15705/2017 - Attachment 1 - Plans of Development

 

2

17566/2017 - Attachment 2 - Schedule of Conditions

 

3

17567/2017 - Attachment 3-  Submissions

 

  


Ordinary Council Meeting - 25 May 2017

Development Application DA2017/076

 


 


 


 


 


Ordinary Council Meeting - 25 May 2017

Development Application DA2017/076

 

ATTACHMENT 1 – SCHEDULE 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 TBC, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title

Dwg No

Prepared by

Dated

Site Plan

DA04

Stuart Design

23/1/17

Car Park & Ground Floor Plan

DA02

Stuart Design

23/1/17

Elevations

DA03

Stuart Design

23/1/17

Section A-A

DA05

Stuart Design

23/1/17

 

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.

 

 

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

 

Retaining Walls

 

2.       The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area has been approved via this development consent. All works associated with such retaining walls eg backfill, drainage, supporting footing shall be wholly contained within the allotment boundary unless consent is obtained from adjoining landowners.

 

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

 

Stormwater details required

 

3.       The application for a Construction Certificate is to include plans and specification for the construction of stormwater disposal from the site in accordance with the plans approved by this consent. The drainage system is to be designed for 1 in 5 year storm event and must discharge to the kerb and gutter via a suitably manufactured kerb adaptor. The engineering plans are to include connection to the kerb via a suitable kerb adaptor and the pipeline located within the road reserve is to be sewer grade or equivalent. The stormwater system must be designed to comply with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

 

Such plans and specifications must be approved by Council prior to the issue of a Construction Certificate.

 

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

 

Section 64 Contributions

 

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

 

Plan

No of Equivalent Tenements

Contribution Rate (Amount per ET)

Contribution Levied

Date until which Contribution rate is applicable

Water

0.6

$12,782.00

$7,669.20

June 2017

Sewer

0.75

$7,176.00

$5,382.00

June 2017

TOTAL

$13,051.20

June 2017

 

Section 94 Contributions

 

5.       Contributions set out in the following Schedule are to be paid to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Evidence of payment of the contributions is to be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

 

Contribution Plan

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Community Facilities and Open Space

Bed

2

$1,076.00

$1,076.00

June 2017

Local Roads and Traffic Infrastructure

Bed

2

$2,649.00

$2,649.00

June 2017

Surf Life Saving Equipment

Bed

2

$82.00

$82.00

June 2017

Section 94 Administration Charge

10% of the above contributions

$380.70

June 2017

TOTAL

$4,187.70

June 2017

 

 

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

 

Construction Certificate

 

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

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

(i)        the Council, or

(ii)        an accredited certifier, and

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

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

(ii)       Notified Council of the appointment, and

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

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

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

 

Residential building work

 

7.         For residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, such a contract of insurance must be in force before any building work commences.

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) In the case of work for which a principal contractor is required to be appointed:

·        The name and licence number of the principal contractor, and

·        The name of the insurer by which the work is insured under Part 6 of that Act; or

(b) In the case of work to be done by an owner-builder:

·      The name of the owner-builder, and

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

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified in accordance with the above points becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

 

Driveway, Footpath & Bin Pad

 

8.       Prior to the commencement of works, plans and specifications that indicates vehicular access from the site boundary to the proposed car space(s), a concrete footpath for the full street frontage of the subject land, and a suitable area for the storage of waste containers within the road reserve for collection must be submitted to and approved by Council under Section 138 of the Roads Act 1993. Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street Car Parking No 1. Plans are to include the following items:

 

a        Pavement description;

b        Design levels;

c        The installation of 2 signs on Adam Lane advising motorists of concealed driveways ahead.

d        A survey undertaken by a Registered Surveyor must be provided illustrating the setback of the opposing Lot 9 Sec 9 DP 758150 (19 Adam Lane) from the existing kerb within Adam Lane. If there is at least 600mm width between the kerb and property boundary, details of a level concrete bin storage pad must be submitted to Council.

 

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

 

Plumbing Notice of Works

 

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

 

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

 

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

 

 

 

 

Site Construction Sign

 

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

 

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

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

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

 

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

 

Erosion & sediment measures

 

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

 

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

b        Temporary downpipes immediately that the roof has been erected;

c        Silt fence or sediment barrier.

 

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

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Building Code of Australia

 

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

 

Plumbing Standards and requirements

 

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

 

Discovery of a Relic

 

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

Shoring and Adequacy of Adjoining Property

 

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

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

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

 

Maintenance of sediment and erosion control measures

 

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

 

Builders rubbish to be contained on site

 

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

 

Approved Plans to remain on site

 

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

 

Construction times

 

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

 

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

 

 

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

 

Occupation Certificate

 

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

 

Sewer and water to be connected

 

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

 

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

 

BASIX Certification

 

22.       The development must be implemented and all BASIX commitments thereafter maintained in accordance with BASIX Certificate No(s) 804481S

Bushfire Protection

 

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

(a)    Asset Protection Zones

At the commencement of building works and for the life of the development, the property shall be managed as an Inner Protection Area as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones’.

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

(b)   Water and Utilities

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

(c)    Design and Construction

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

(d)   Landscaping

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

 

House numbering

 

24.     The street number for this property is 68. The number must be displayed at the main driveway entrance approved as part of this development.

 

Damage to Council’s Infrastructure

 

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

 

Sealed Driveway

 

26.     The driveway and associated car parking area must be sealed.

 

Enclosure of Parking

 

27.     The three parking spaces located underneath the dwelling must be enclosed by roller doors.

 

Works to be completed

 

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

 

 

REASONS FOR CONDITIONS

 

·           To ensure that the proposed development:

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

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

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

 

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

 

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

 

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

 

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

 

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

 


Ordinary Council Meeting - 25 May 2017

Development Application DA2017/076

 


 


 


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.8      SF1541            250517         Review of Local Environmental Plan

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

It is not considered that a summary is necessary.

 

 

Recommendation:

 

That Council note the contents of the report and provide the General Manager or Manager Development & Environment with any suggested amendments to the Nambucca Local Environmental Plan 2010 for consideration.

 

OPTIONS:

 

·           Advise not to proceed with proposed amendment to the Nambucca Local Environmental Plan 2010.

 

DISCUSSION:

 

The purpose of this report is to inform Council that it is intended to undertake a review of the Nambucca Local Environmental Plan 2010 (LEP) this year to ensure that it is responsive to the needs of residents and conducive to creating opportunities for new and established business. There are a number of amendments that are considered to be necessary to be made including:

 

§   Alteration to the Bowraville floor space ratio map by increasing the floor space ratio around the existing commercial area to facilitate higher density development and activation of rear laneways as referred to in the assessment of development application DA2017/076, which has been referred to this Council meeting for determination.

§   Rezone sections of the Macksville commercial zones to consolidate the location of commercial uses within the existing commercial core and enable greater flexibility in permissible land uses.

§   Add an additional exempt development provision to schedule 2 which will permit events on public land to be undertaken without development consent subject to specific development controls.

§   Make any necessary changes to the zoning of the Valla urban release area as provided for during the preparation of the development control plan, which is anticipated to be presented to Council prior to public exhibition mid to late 2017.

§   Undertake numerous land reclassifications.

§   The inclusion of numerous buildings and places identified by Councils Heritage Advisor as well as members of the public on the environmental heritage list contained within schedule 5.

§   Alteration of a variety of zoning anomalies which have come to light since Councils previous LEP amendment, as well as the inclusion of the Borina Street rezoning which was deferred from the previous LEP amendment.

§   Amendments to the flood plain development standards contained within clause 7.3 as recommended by Councils new Floodplain Risk Management Plan (FRMP). Please note that the new FRMP is anticipated to be presented to Council for adoption within the coming months.

§   Provide Council with an option to investigate adding an additional exempt development provision to schedule 2 which will permit the use of existing lawful dwellings as tourist and visitor accommodation without development consent subject to specific development controls. This item is subject to the progress made by the state government in amending the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as recommended by the NSW Parliamentary enquiry in late 2016.

 

It is also intended to review other components of the LEP such as building heights, floor space ratio, and land zoning to ensure they are providing the most appropriate controls for the relevant locality which promote future growth with an appropriate balance of resulting impacts having regard to the natural, social and economic environments.

 

It is intended to have the planning proposal complete by late 2017, at which time it will be reported to Council for consideration prior to being forwarded to the NSW Department of Planning and put on public exhibition. Preparation of the planning proposal will include consideration of proposed rezoning’s which have been put forward by members of the community.

 

However, this report stands as an opportunity for Councillors to outline any areas of the LEP which they believe amendments should be made. Staff will investigate all suggestions made and provide a detailed response when the planning proposal is reported to Council later this year. It is requested that any suggested amendments be provided to the General Manager or Manager Development & Environment.

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Consideration will be given during the review.

 

Social

 

Consideration will be given during the review.

 

Economic

 

Consideration will be given during the review.

 

Risk

 

Consideration will be given during the review.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The proposed review will not impact existing or future budgets.

 

Source of fund and any variance to working funds

Not applicable.

 

Service level changes and resourcing/staff implications

The review will be undertaken using existing staff resources.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.9      SF2150            250517         Bowraville Connections, Stage 1 Community Recreation and Sports Precinct

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

At its meeting on 13 October 2016, Council considered a Concept Plan for the western side of Bowraville which includes the area from the Preschool, through Hennessy-Tape Oval and amenities, to the Recreation Club.

 

The Plan aims to address issues with the current precinct which is disjointed and contains areas of isolation which discourages casual usage of facilities.  Also, there are items of infrastructure which require maintenance or updating.

 

The project, which is described as an intergenerational, multi-sport, recreation and leisure facility for Bowraville will involve improvements to and enhancement of existing facilities and some new construction, in a staged approach.

 

Council decided that the concept plan would be circulated to key stakeholders and organisations in Bowraville for their feedback, noting that the viability, and final location and inclusion of components are yet to be determined. 

 

Extensive consultation has now been completed and the concept is being presented to Council for its endorsement.

 

 

Recommendation:

 

1          That Council endorse the draft plan for implementation, subject to design modifications to accommodate works and further consultation regarding proposed camping.   Council will be consulted on the implementation of plan as required.

 

2          That Council note the options for funding, including the offer of $150,000.

 

 

OPTIONS:

 

No options are being presented. 

 

 

DISCUSSION:

 

Community Feedback

 

The Concept Plan has now been widely circulated and more than 70 responses have been received.  See attachments. 

(Note:  the reference in Go Bowra!’s submission to an “Attachment pic”  refers the plan developed by Ben Walters which is shown in a separate attachment to this report.)

 

The consultation process allowed for consideration of broader issues for Bowraville and the community was forthcoming in their views, with many ideas being put forward which can be fed into other planning processes. 

 

In regard to the Bowraville Connections project, generally there is overwhelming support for the proposed improvements.  Common themes included:

 

·           Need to improve pedestrian infrastructure

·           Physical connections within Bowraville are a high priority

·           Include cultural elements

·           Access to the river, bank restoration, weed removal and related environmental issues

·           Outdoor equipment and opportunities for play (including children’s playground)

·           Safety

 

There were a few negative or mixed comments:

 

The concept of camping in this area received a mixed response and is best left for future discussions at another time as there are many other higher priorities for this precinct and camping could possibly be realised at another location.

 

The skate park also did not factor highly in people’s priorities.  A review of Council’s skate facilities in 2016 rated this facility poor and a complete rebuild is not considered feasible given the size of the population and numerous other priority projects.  However, it is proposed (subject to funding – see below) that the facility undergo minor improvements to ensure that it is maintained and useful to Bowraville young people.

 

The cost of the plan was also mentioned.  This is noted however is possibly a response to a project scope which included repairs and improvements to Bowraville Recreation Club.  The value of a concept of this scale, which includes the entire precinct is that it can be staged or broken into elements to allow for funding opportunities and a response to government priorities.  It is highly unlikely to all happen at once, unless there was a sizable windfall.

 

Funding the Works

 

The Concept Plan lends itself to development in stages and this is the approach being applied by Council staff.

 

At the October meeting, Council was advised of an application (Expression of Interest) under the 2016-2017 NSW Clubs Grants.  This was for a large scale development of the area, however was unsuccessful.

 

Community Development staff have since submitted an application (February 2017) to the NSW Government’s Community Safety Fund under its Infrastructure project – Crime Prevention Through Environmental Design (CPTED) strategies, for “Bowraville Connections – Creating Space for Safer Recreation, Leisure and Play”.  The value of this application was $250,000 and was focussed around children.  Budget items included earthworks, lighting, children’s playground equipment, shelters and pathways.  Successful funding has not yet been announced.

 

In a process related to the State Government’s Solutions Brokerage for Bowraville, Council will receive $150,000 for the “Connections Project” from NSW Planning and Environment.  The funding, together with small allocations from within Council’s existing budgets will go towards:  Skate park upgrade, BMX track stage 1, concrete slabs and 2 shelters, shared pathway, bubbler.  Items have been identified which will appeal to the youth population and to complement the application above which is more focussed on children and families.

 

An application has also been made to the NSW Government’s Social Housing Community Improvement Fund to upgrade 2 tennis courts, and to convert and upgrade the 2 remaining courts to multi-purpose netball/basketball courts.

 

Internal funding already allocated (Council’s General Fund and Environmental Levy) will allow for some earth works, weed eradication, shared pathway and pedestrian refuges). 

 

In addition, external partnerships have been established with commitment from Bowraville Central School and TAFE for students to undertake small items of construction, under guidance from Council, as a part of their curriculum.  For examples, woodwork class constructing robust timber seating.

 


 

CONSULTATION:

 

Grants Officer

Senior Community Development Officer

Co-ordinator Strategic Planning and Natural Resources

Manager Assets

Manager Infrastructure Services

Key local organisations and the community

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The concept includes significant aspects of environmental interest, particularly the riparian weed management along the river bank and drainage management.

 

Social

 

The numerous existing sport, leisure and learning components, as well as proposed additions, will serve to promote improved social outcomes for Bowraville.  Already there is a popular Preschool, very successful junior rugby league club and infrastructure at the Recreation Club. 

 

Economic

 

The Bowraville Recreation Club is proactively working towards improved viability which in turn will have positive economic outcomes for the town. 

 

Risk

 

A detailed Risk Management Plan is being developed.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Contributions from Council are currently with its budget or are earmarked in forward plans. 

 

Source of fund and any variance to working funds

 

Nothing required.

 

Service level changes and resourcing/staff implications

 

The application under the NSW Government’s Community Safety Fund includes an allocation for staffing for project management.

 

Attachments:

1

32539/2016 - Community Recreation and Sports Precinct Concepts 21 9 16

 

2

6508/2017 - Responses to Survey - Bowraville Connections, Stage 1 Community Recreation and Sports Precinct

 

3

15404/2017 - Feedback - Bowraville Connections Project Ben Walters

 

4

15405/2017 - Submission Bowraville Connections Project from GoBowra!

 

  


Ordinary Council Meeting - 25 May 2017

Bowraville Connections, Stage 1 Community Recreation and Sports Precinct

 


 


 


Ordinary Council Meeting - 25 May 2017

Bowraville Connections, Stage 1 Community Recreation and Sports Precinct

 

Q1

What do you like about the Draft Concept Plan for the Community Recreation and Sports Precinct?

Responses

1.   I like that it is encouraging greater participation in outdoor recreation and building on what is already in situ

2.   The possibility of more populations and something for upping people

3.   I like the idea of opening up that area and connecting the skate park into town to make it more public and accessible

4.   Good

5.   Well over due for Bowraville, very neat concept to exploit our sporting facilities

6.   Any and all improvements are needed in this area

7.   The Concept itself is questionable

8.   Camping ground and diversity of spaces

9.   Fantastic!!!!

10. I like the basketball court, the access to the river, the camping ground and the playground - picnic area.

11. Rehabilitation of riparian zone; creek access; town link path; camp ground; picnic areas; general improved functionality, aesthetics and ecological health of area.

12. Don't feel at this time it is necessary

13. It’s great! Finally an upgrade for the town

14. Supports the community

15. The whole thing! Would make the space much more user friendly

16. It is generally good. Definitely in need of a re-vamp

17. Its scale - it's not just looking at a small part of town.

18. The connection concept linking the numerous recreational facilities available in the area

19. Inclusive & imaginative plan

20. It modernizes the facilities to bring Bowraville in line with the other towns in the shire.

21. It is exactly what Bowraville community would like to see for our town and it is much needed

22. That it will be a safe place for the community to use in diverse ways.

 

Q2

How could the Plan be improved or changed?

Responses

1.   Am not familiar enough with the detail to comment

2.   Unsure, it’s a lot of dollars

3.   I think it could be disastrous to encourage camping in that area due to security issues; and what about flooding

4.   Relocating the Recreation club to be central to the sports field

5.   At this stage haven't had a chance to consider in detail

6.   I am for a think tank to generate a "Productive venture "

7.   Planting of local bush foods

8.   Include a swimming pool

9.   Maintenance and cleaning of the river. Some shades over parts of the basketball court.

10. It looks good so far, but don't take short cuts on new vegetation if budget falls short. The area will be best utilized if it has adequate tree, shrubs, etc. to make it an inviting area.

11. The cricket pitch didn't get a mention.....

12. Can't think of anything

13. Indoor gym facilities. Outdoor gym facilities. Good playground areas, with interesting equipment, and good shade. Swimming pool (at least provision for this to be able to happen in the future).

14. Interpretive indigenous signage - local dreaming stories, etc. Have larger shaded facilities that can be used in summer when it's hot.

15. Looks to be spot on as is

16. N/A

17. Ensure the safety of people using the new path from Belmore Street by planting low shrubs/plants

18. Stage Two is equally important both socially and economically for our town's future

19. I would love to see a Botanic Garden on the close outskirts of town, say just out on the North Arm Road.

20. The successful implementation of the upgrade to the Hennessy Tape oval sooner rather than later with the bike and walking tracks, BMX track and upgrade to the skateboard park.

Q3

Can you contribute to the proposed work, if yes, how?

Responses

1.   No

2.   Yes via community working bees to replant the riparian area for example

3.   No

4.   I'd like to be part of meetings

5.   I don't think so

6.   We can seek how ONE MILLION Bucks can produce (return) permanent Jobs and GROW into the future

7.   Yes - volunteering

8.   Yes I can volunteer building work and supervision

9.   Perhaps as working bee participant in rehab of creek-side.

10. Yes, filling in this survey

11. No

12. Not sure

13. Time

14. No

15. Lions Club, Chamber and other groups be involved


 

Q4

What other areas of Bowraville do you think need improvement?

Responses

1.   Roads .... bridges ....

2.   More trees throughout the town, many streets have large verges, great place for a communal food forest!

3.   The river park

4.   James Park, old camp grounds near butter factory( if this exists)

5.   Lanes bridge and the park

6.   The river Boat ramp access in Park St. aged care and nursing home

7.   Main street in particular

8.   Not important

9.   Main street - highlight local foods/ bush foods

10. Main street seating

11. The streets and sidewalks at the mission can be better maintained

12. In general, Bowraville's public spaces (including street side/nature strips) need more trees. The town is very naked in this regard. The median strip in high street could do with decent shade street between the palms where possible.

13. Lions Park, James Park

14. Lanes Bridge - tables and chairs near Grassy Park would be nice and the canoe launch area, which is also used for swimming could do with some work. A 'Boscar' bin somewhere for out-of-towners to use so they don't block up the new solar ones

15. Parking

16. Pedestrian access around town and better facilities for people with disabilities

17. Lanes Bridge is in need a serious facelift - one that allows for the regular flooding

18. Redevelop old mill site in town for community purposes

19. Rejuvenate James park basketball facilities

20. Establish a bush tucker arboretum/walk. Educational for locals and visitors about our indigenous trees and food sources. Wholesale nursery/ propagation- sell to retail and wholesale. Value- add bush tucker produce- sell. Café using local produce/bush tucker

21. Shade trees

22. Cycle way within town and Bowra to Macksville

23. Swimming pool

24. Gym - indoor and outdoor

25. Eradicate camphor laurel, privet and fireweed

26. Attractive main street; attractive entrances to town, north and south

27. Streets in the town need upgrading

28. Footpaths access in the town

29. Empty shops/shop fronts

30. Garbage bins need to be erected near seating along with cigarette bins

31. Town clock face (north side) needs to be painted/repaired

32. Underground power lines

 


 

Q5

What are the main priorities for Bowraville?

Answer Choices

Percentage

Responses

Sport and Recreation facilities

61.90%

13

Managing the Environment

76.19%

16

Managing our heritage

57.14%

12

Access to the river

80.95%

17

Connections to places in town

66.67%

14

Main street improvements

47.62%

10

 

Total Respondents: 21

 

 

 

 

 

 

 


Tourism

·    Need to expand tourism potential

·    Need interesting shops

·    How we are marketed to tourists

·    Ways to attract visitors

·    Accommodation/motel/camping sites- e.g. at the racecourse- they already have useful facilities- with addition of ‘dump point’ very useful for ‘grey nomads’.

·    A small camping area at the Lions Park as put to Council by Chamber of Commerce some time ago, plus a more significant one at the Race Course.

·    Get festivals and events happening again e.g. Back to Bowra, cultural festival – Australia Day

 

Other Priorities

·    Health care

·    Ambulance station

·    Aged care services - a facility will provide employment for locals, as well as a place for locals to reside if needed, in their hometown, with their friends and family nearby

·    Reinstate the L.E.T.S barter system

·    Gumbaynggirr Language classes

·    Establish a local “Choir of Hard Knocks”

·    A gymnasium for the young people with various planned programs with access outside of school hours and during school holidays

 

Social Issues

·    Lack of opportunity for employment and recreation

·    Lack of/condition of parks and recreation areas for children and all people

·    Limited access to services

·    Low socio-economic profile/people are poor

·    Drug problems - drug users, drug sellers especially ICE

·    Alcohol issues

·    Justice for murders

·    Low population

·    High rate for teenage pregnancies

·    Lack of aged care facilities

·    Loss of timber mill in town centre – loss of jobs, but gain of quietness

·    The division between certain groups and families

·    Lack of camping/caravan facilities (dump point)

·    Vandalism

 

 

Q6

What are the environmental issues for Bowraville?

Responses

1.   The river bank near Lanes Bridge needs to be improved and made more user friendly

2.   Flood mitigation during storm events

3.   No shade no looking after the river and the bat situation

4.   Maintenance of heritage. creek erosion

5.   The flying fox bat colony

6.   Improving services without destroying the environment

7.   Lack of occupation leads to vandalism (this is true across the shire )This is a result of Apathy in the management of the shire which is felt in the social environment

8.   River bank erosion

9.   Clean water

10. The river. Garbage and weeds. The wires and poles in the main street

11. Work on the riparian zones of the entire creek system. More shade trees (perhaps fruiting varieties) equal cooler temp in town.

12. River flow and water quality

13. Erosion around waterways

14. Erosion from floods, noxious weeds by near waterways

15. Maintain the ambience of the area. Need healthy river and healthy people. Too many weeds - camphor laurel, privet and fireweed, to name a few.

16. Flooding, heat in summer. Riverbank degradation.

17. Nil

18. More litter bins and a bottle recycling point when this comes in. Plus the health of the river.

19. Overzealous and mostly unnecessary poisoning of rural roadsides. Smoke from rural properties which continually have household rubbish fires smoldering.

20. Camphor laurels and privet endemic

21. Need to improve riparian zones, especially at Lanes Bridge area

22. Plant shade trees on median strip/and in other areas of town. Red cedars reflect of reason for original settlement


 

 

Q7

Are you male or female?

Answer Choices

Percentage

Responses

Male

30.43%

7

Female

69.57%

16

Total Respondents: 23

 

 

 

Q8

What is your age?

Answer Choices

Percentage

Responses

17 or younger

0%

0

18-20

0%

0

21-29

0%

0

30-39

8.7%

2

40-49

13.04%

3

50-59

39.13%

9

60 or older

39.13%

9

Total Respondents: 23

 

 

 

Q9

Where do you live?

Answer Choices

Percentage

Responses

Bowraville Town

45.45%

10

Bowraville Hinterland and Arms

45.45%

10

Macksville

4.55%

1

Nambucca Heads

4.55%

1

Total Respondents: 23

 

 

 

Comments

1.     But I have live at lower end of High Street and still own property there

2.     Tewinga

3.     Eungai Creek

 

 

 

 

Complied by Nambucca Shire Council Community Development Officers, from Survey Monkey, on-site activities and written responses.


Ordinary Council Meeting - 25 May 2017

Bowraville Connections, Stage 1 Community Recreation and Sports Precinct

 


 


 


 


Ordinary Council Meeting - 25 May 2017

Bowraville Connections, Stage 1 Community Recreation and Sports Precinct

 

Submission from GoBowra! For:

BOWRAVILLE CONNECTIONS

STAGE 1: COMMUNITY RECREATION AND SPORTS PRECINCT

Vegetation:

·   Liaise with Nambucca Valley Landcare, Nambucca Valley Conservation Association, and National Parks and Wildlife Service – they may have already conducted flora and fauna surveys of the area – these would be useful resources to work from. Also local arborists would have good knowledge.

·   Also liaise with Bowraville Aboriginal Land Council – they will have, or access to local knowledge of species that are important (and also traditional names to be used for signage)

·   With existing vegetation, particularly along the creek / riparian zone:

o Strategically / progressively remove camphor laurels and other environmental weeds

o Heed the necessity to maintain erosion control

·   Where possible, plantings to be indigenous species, particularly zone appropriate plantings (eg, do not plant swamp plants on high areas, and vice versa). Particularly good to plant “bush tucker” species.

·   It could be good to remove some existing “exotic” species and replace with indigenous

·   For public safety reasons it will be appropriate to plant / use existing vegetation that has little “understory”, or can be easily maintained thus. People need to feel safe, and that will be achieved by having good vision through all areas (& having good lighting)

·   In vegetated area to east of the grassed car parking area, on eastern side of Hennessy Tape Oval – make a feature of the creek / swamp – use indigenous wetland species – have a viewing bridge over. Remove the large camphor laurel.

Dogs:

·   Dedicated dog exercise area; if this is deemed unsuitable for this redevelopment, then it is mandatory that an appropriate area within the township is designated.

·   Provision of disposable bags and bins also needed

 

Tennis Courts:

·   Converting one court to basketball is good

·   Also consider a netball court area, either as part of tennis court conversion, or adjacent to tennis courts

·   Outdoor table tennis

·   Outdoor gym training facilities; Senior gym / playground (other councils have these)

·   Volleyball court

Rec Club:

Is it possible to include indoor gym facilities at the squash courts?

Also, racquetball is becoming a popular pastime; this could be included in an upgrade of the squash courts

 

Connection to Town Centre:

·   Needs to be for both pedestrians (with and without prams) and cyclists

·   Needs to be part of a “whole town” accessibility project – ie, footpaths and cycleways to connect all parts of town – this means safety for all users and encourages potential users – less usage of cars – increase of public health

·   Needs to be well lit – enables pedestrians and cyclists to be travelling to and from events in either the town centre of the sports precinct safe access during early evening in winter time; and during summer time heat allows people to be out of doors safely

·   Concrete paths? / timber elevated boardwalk

 

Electricity & Water:

·   Put the power lines underground – good for aesthetics

·   Use solar powered lighting – enables lights to be placed where needed without the expense of power lines to lots of points where lighting beneficial

·   Ensure existing Amenities building, Recreation Club buildings, Pre-School, and any other constructions include solar Panels for electricity generation. Also include water tanks to collect rainwater.

 

Playground:

Shade is very important

 

Car Parking:

Ensure there is adequate disabled car parking, and appropriate alighting and access area alongside. This needs to be both at the Amenities area, and also in High Street or Belmore Street (the existing disabled access is a total disgrace)

Murals:

A terrific opportunity for existing and new buildings to be decorated by local artists, both in this precinct and into town (IGA??). Also opportunity for youth projects to be involved

Family picnic / BBQ area:

·   This needs to be flat, with drainage installed underneath

·   BBQs – Gas?...Free?...coin operated?

·   Camping should not be allowed (There are other areas in Bowraville that would be suitable for camping – eg, the Racecourse – with good pedestrian and cycleway access to all areas around town)

Flooding:

It will be important to consider which areas are in 1 in 100, and 1 in 50 years flood risk areas, and place any structures and access ways accordingly. Or, construct with a view to potential damage from flooding

 Attachment: pic. Other things to consider

From:

Marion Syratt for GoBowra!

P O Box 67, BOWRAVILLE, NSW, 2449

6564 7908


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.10    SF2293            250517         Development Applications greater than 12 months or where submissions received -  to 18 May 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

2017/020

30 January 2017

68 Lot Subdivision

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

Six 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

·      Footpaths should be provided

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

·      Environmental Protection zone shouldn’t be in private ownership or have a dwelling envelope

·      Climate change projections should be reflected in lot levels

·      Perimeter road be placed to minimise vegetation loss

·      Public access should be maintained along the coastal foreshore

·      Information concerning works within Acid Sulphate Soils Class 2 appears incomplete/inadequate

·      40m buffer to the SEPP 14 boundary is inadequate

·      All APZs should be contained within privately owned areas

·      Roads are too narrow, making parking difficult

·      Highly likely that a bus service will be required – roads should be built accordingly

·      More public open space is required

·      Development not in accordance with Council’s Structure Plan – makes Valla Beach a town, not a village

·      Suitable wildlife corridors need to be retained

STATUS: Called in by Council. Applicant to submit an amended plan.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/069

22 March 2017

Additions to Seniors Housing

Lot: 483 DP: 755550, 1a Illawong Drive, Nambucca Heads

One submission has been received by Council. It opposes the proposal

·      Assurances were given in 1991 that no additional units would be built in this location due to the slope of the land

·      Proposed units are too high – would result in loss of privacy and loss of breezes

·      Will devalue adjoining property

STATUS: Being assessed.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/067

21 March 2017

Residential Flat Building

Lots: 1, 2, & 3 DP: 567861, 8-12 Mann Street, Nambucca Heads

One submission, signed by 11 adjoining or nearby owners has been received.

·      Concerns relate to stormwater runoff and its effects on properties in Loftus Lane. Objectors request that stormwater runoff be directed to Mann Street

·      There are errors in the application – eg rear setback requirements have not been met.

STATUS: Being assessed. Notifications close 21 May 2017.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2014/147/02

30 March 2017

Residential Subdivision - modification

Lot 2 DP 1147417, McLeod Drive, Scotts Head

Two submissions have been received – they oppose the modification

·      Concerned about the effects of drainage associated with the proposal – would like more information about size of pipes, etc

·      Would like to know if the easement to be provided for the RFS means that that area will be cleared.

·      Concerned about the trees to be removed – will adversely impact fauna

·      Construction works will make it easier for local motorcycle riders to access the land behind their dwelling – this may have safety impacts on their children

STATUS: Being assessed. Waiting for response from RFS.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/086

13 April 2017

Dwelling-House

Lot 15 DP 1057791, 3 Edgewater Drive, Nambucca Heads

One submission has been received

·      The submission seeks clarification of the building height and setback – concerns are raised re loss of light, overshadowing and loss of privacy

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/076

31 March 2017

Multi-Dwelling Housing – One Additional Dwelling-House

Lot B DP 316099, 68 High Street, Bowraville

Two submissions have been received – it opposes the proposal

·      Will reduce north-facing light on an adjoining block

·      Would like assurances that there will be no future height extensions for the same reason.

·      Concerns raised about where additional parking will be provided

·      Request that an area be set aside for bin placement

STATUS: Being assessed – will be reported to 25 March Council meeting due to Floor Space Ratio

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

1997/141 & 2001/112

10 April 2017

Modification of condition of consent relating to noise control

Lot 1 DP 10259567 Binalong Way, Macksville

Three submissions have been received – all oppose the proposed modification

·      Noise monitoring was only taken at one location where there is more shielding

·      Noise monitoring was only undertaken for 15 minutes

·      No mention of whether air tools were used when monitoring was done

·      If the open bay is used the noise will be greatest towards Preston Drive

·      Report requests air tools be used from 7am to 10pm

·      Staff parking in view of Preston Drive

·      No mention of future monitoring of noise levels

·      The operations from that site are already noisy – one nearby resident was forced to sell because of the noise

·      Workers refused to turn down or relocate a noisy radio when requested by nearby residents who could hear it

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/079

5 April 2017

Attached Dual Occupancy & Subdivision

Lot 1 DP 1074226, 123 Mann Street, Nambucca Heads

One submission has been received – it expresses one concern.

·      Once the building is completed the common access road and entrances to all properties on it, need to be repaired.

STATUS: Being assessed – waiting for response from RFS

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.11    SF818              250517         Bowra Dam - Request for licence amendment for environmental release

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

Council has previously resolved to make a request to DPI – Water to consider an amendment to the current operational licence for Bowra Dam to allow for the capture of a percentage of runoff during high rainfall events.

 

A formal request was submitted to DPI – Water including an REF, however this was rejected as the proposal did not have the support of DPI – Fisheries and the Office of Environment and Heritage

 

Following notification of this rejection resoled the following

 

1        That Council staff discuss the determination by the Department of Primary Industry – Water with Council’s consultants GHD with a view to either requesting a review of the determination or the submission a new proposal to amend License 30SL067140.

 

2        That consideration of a new proposal to amend License 30SL067140 include for rainfall events of over 50mm, to release a volume of water equivalent to a 50mm event and retain runoff in excess of this.

 

3        There be a further report to Council on the preferred course of action.

 

Following discussions with GHD it was considered that there would be little chance of gaining an amendment to the licence by making an arbitrary change to the amount of rainfall required for the capture of runoff to be implemented.  Rather Council would be better placed to request a meeting with DPI – Water and other stakeholders to fully clarify the extent of their concerns and argue a case for the amendment before addressing the concerns in a second submission.

 

It is recommended that Council write to DPI-Water requesting a meeting that would also including other stake holders and that the Mayor, General Manager and Acting General Manager Engineering Services  Manager Water and Sewerage and a representative from GHD form a delegation to attend that meeting

 

 

Recommendation:

 

That Council write to DPI-Water requesting a meeting to pursue the licence amendment that would also including other stake holders and that the Mayor, General Manager, Assistant General Manager Engineering Services, Manager Water and Sewerage and a representative from GHD form a delegation to attend that meeting.

 

 

OPTIONS:

 

No other option considered

 


 

DISCUSSION:

 

Council’s request for a variation to the operational licence for Bowra Dam to allow capture of runoff from high rainfall events was rejected by DPI – Water following a referral to and lack of support from DPI – Fisheries and the Office of Environment and Heritage.

 

The main objection centred around the following

 

·        Perceived inadequacies in the ecological assessment

 

·        Possible impacts on the Giant Barred Frog

 

·        Demonstrated evidence that the Aboriginal community had been consulted regarding the matter

 

·        Feeling that the original licence conditions were thoroughly debated with significant trade off and that there is not enough information to support a change at this early stage of the dams existence.

 

It is considered that capturing the runoff from high rainfall events appears to makes a lot of sense and intuitively has more positives than negatives. The captured runoff is an offset against pumping from the groundwater system at a later time when there would be significantly less flow in the Nambucca River.

 

Following discussions with GHD it was considered that there would be little chance of gaining an amendment to the licence by making an arbitrary change to the amount of rainfall required for the capture of runoff to be implemented.  Rather Council would be better placed to request a meeting with DPI – Water and other stakeholders to fully clarify the extent of their concerns and argue a case for the amendment before addressing the concerns in a second submission.

 

It is considered that some political influence would assist Council’s cause in presenting a case for the amendment and accordingly it is suggested that the Mayor and GM be  part of a delegation to meet with DPI - Water

 

 

CONSULTATION:

 

Assistant General Manager Engineering Services

GHD

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There environmental implications of the proposed licenced amendment are considered to be minimal.

 

Social

 

There are considered to be no social implications

 


 

Economic

 

If approved the licence amendment would reduce the cost of pumping to fill the dam.

 

Risk

 

There are no additional risk implications

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Engaging a consultant to prepare a revised submission to DPI – Water will impact on the current budget.

 

Source of fund and any variance to working funds

 

Funding in the order of $15,000 will be required from working funds

 

Service level changes and resourcing/staff implications

 

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

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.12    SF777              250517         Expression of Interest to Establish a biobanking site at the Nambucca Off River Storage Facility

 

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

 

Summary:

 

The purpose of this report is to gain Council endorsement to list the Nambucca Off River Storage Facility land holding as a potential Biobanking Site in the Office of Environment and Heritage Expression of Interest Register.

 

 

Recommendation:

 

That Council list the Nambucca Off River Storage Facility land being Lot 1 DP1186268 on the Office of Environment and Heritage Biobank Site Expression of Interest Public Register.

 

 

OPTIONS:

 

Council may choose not to identify the area for potential biobanking

 

DISCUSSION:

 

Biobanking to assistance management of reserves.

 

Staff recently sought advice from OEH in respect to biobanking for  the Gumma Swamp area. Discussions with OEH representatives in the Biobanking section indicated that a site 157Ha has the potential for between $1.5m – $3m in profit from the sale of credits over time (after the perpetual management fees are accounted for). Credits related to both ecosystems and species may both be available.

 

Although Council was reluctant to acquire land at Gumma, there is potential to apply the Biobanking program to other Council land. In the first instance it is suggested that the Bowraville Off River Storage Facility be considered being Lot 1 DP1186268.  Vegetated land on the site is estimated to comprise approximately 145–155HA.

 

Port Stephens Case Study

 

OEH identified that some other Councils are auditing their reserve land for this specific purpose. A 245Ha site at Karuah has generated 1768 credits approx. 222 of these credits were sold to generate the $550,000 of part A funds (held in an OEH trust – for an annual distribution to Port Stephens Council for Management of the land in perpetuity), and the remaining credits are being sold for approximately $2,500 each (a potential profit to Council of over $3 million to be realised over time.). Port Stephens Council has now undertaken an audit of all their land to determine the most feasible sites with potential for credits listing, and they have selected a number of sites to establish credits for.

 

Basis of the Program?

 

The amount of income received is dependent on the classification of the land (community or operational) and also the demand for that particular type of land/ habitat. Less would be available if Council is already required to manage the land as a natural area. Also, land cannot be considered if it was a reserve resulting from an offset to a development.

 

A specialist investigation would be required by a biobanking accredited ecologist and this would determine the number and type of credits available (species, vegetation type or both). This investigation would also determine the costs required to manage the land – these costs form the basis for the Part A of the program and these costs must be met through the sale of credits prior to the Council selling credits for unrestricted use (Part B).

 

In respect to the Off River Storage Facility site it is known and potential habitat for the following threatened species for which credits may be available:

 

 

As part of their approval for the Pacific Highway upgrade it is understood that the Roads and Maritime Services (RMS) may be seeking credits for some of the species known to occur at the Off River Storage Facility land. This may be an opportune time for Council to act in respect to biobanking.

 

In order to formally establish Councils interest in meeting potential demand for credits it is recommended that Council list our off River Storage Facility Land under the OEH Biobanking Expression of Interest Public Register. It is understood that this can be done at no cost.  Detailed investigations can be undertaken once Council has received an interest in the credits that may be available.

 

Other land which may suit the program includes, Council owned land at lower Nambucca, Kingsworth Estate Reserve, and other Council reserves.

 

 

CONSULTATION:

 

Manager Water and Sewerage.

 

 

SUSTAINABILITY ASSESSMENT:

Environment

 

Biobanking is a program administered by the State Government’s Office of Environment and Heritage (OEH)). The recommendation of this report is only to identify Council land through an expression of interest. There is no commitment required from Council at this time.

 

Social

 

The recommendation of this report is only to identify Council land through an expression of interest. There is no commitment required from Council at this time and unlikely to be any adverse social impacts.

 

Economic

 

The recommendation of this report is only to identify Council land through an expression of interest. There is no commitment required from Council at this time. Should the process lead to the purchase of credits from Council land – there is potential to gain funds for the environmental management of the land and other non-related Council activities.

 

Risk

 

NIL. Listing the Council owned land on the register does not commit Council to any action – should Council receive an expression of interest in respect to the land it would need to be considered further.

 

Land Management and Biodiversity Conservation Reforms are presently underway and may have implications for the Biobanking program in the future.

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

NIL at present. Council may be required to commit to funds for a biodiversity assessment under the program at a later stage. This would be reported to council separately.

 

Source of fund and any variance to working funds

 

NIL

 

Service level changes and resourcing/staff implications

 

NIL

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.13    SF842              250517         Establishment of a Council "Clean Energy Committee"

 

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

 

Summary:

 

On the 13 October 2016 Council resolved to be provided with a report on the establishment of a Clean Energy Committee. This report was provided to Council’s meeting on 15 December 2016 wherein it was resolved that Council invite Bellingen Shire Council to be a part of this Committee to order to take advantage of potential resource sharing on future projects. Further, if the response was positive, Council forward a copy of the draft Terms of Reference for their consideration.

 

No response was forthcoming from Bellingen Shire Council and on 30 March 2017 Council resolved to proceed alone by adopting the Terms of Reference in the report to that Council meeting, appointing three Councillors to the Committee, including nominating one as Chair, inviting the Office of Environment and Heritage to be a part of the Committee and calling for Expressions of Interest from the Public.

 

The Office of Environment & Heritage has agreed to be a part of the Committee.

 

Four expressions of interest have been received from the public.

 

Recommendation:

 

1          That Council nominates three (3) Councillors including a Chair to the Committee

 

2          That Council appoints all members of the public who have submitted an expression of interest to the Committee

 

3          That Council thanks the Office of Environment & Heritage for accepting the invitation to be a part of the Committee

 

4          That Council thanks all those who have submitted expressions of interest

 

OPTIONS:

 

1        Council can choose to accept some or none of the expressions of interest submitted

2        Council may invite other members of the public and/or organisations to be a part of the Committee

 

DISCUSSION:

 

Following Council’s meeting of 30 March 2017, an advertisement inviting the public to submit expressions of interest to be members of Council’s proposed Clean Energy Committee was placed in the Nambucca Guardian on Thursday 13 April and the Mid Coast Observer on 11/12 April. Additionally, letters were sent to Transition Nambucca Valley and the Nambucca Valley Conservation Association inviting those organisations to submit an expression of interest.

 

A letter was also sent to the Office of Environment and Heritage (OEH) inviting the Regional Clean Energy Coordinator, North East to be a part of the Committee. This invitation was accepted by OEH on 15 May (see attached).

 

Four expressions of interest were received from:

 

·      Mr Michael Blockey

·      Mr Philip Margolis

·      Dr Peter Sobey

·      Mr Colin Wilson


 

Their expressions of interest are attached.

 

Given their interest and expertise, it is recommended that the four people who submitted expressions of interest all be appointed to the Committee.

 

 

CONSULTATION:

 

Coordinator Strategic Planning & Natural Resources

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Committee will be researching and recommending projects for Council to undertake which will have positive impacts on the environment.

 

Social

 

It is important for Council to be a leader in the community in the area of clean energy, therefore the work of the Committee is likely to have a positive social impact as Council demonstrates how to transition to clean/renewable energy.

 

Economic

 

As energy costs continue to rise, the work of the committee will be important in Council receiving value for money for its energy spend, as well as looking at the potential to improve the local economy by implementing community energy projects.

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A small level of funds may be required to service the committee. Any projects that the Committee wishes Council to undertake will be reported back to Council for budgetary consideration.

 

Source of fund and any variance to working funds

 

Not applicable

 

Service level changes and resourcing/staff implications

 

One staff member will be required to attend Committee meetings, service the Committee, research matters and undertake projects as directed by the Committee and/or Council. This will be in addition to duties already undertaken by this staff member.

 

Attachments:

1

17804/2017 - Expression of interest - Clean Energy Committee - Blockey

 

2

17805/2017 - Expression of Interest - Clean Energy Committee - Sobey

 

3

17809/2017 - Expression of Interest - Clean Energy Committee - Margolis

 

4

17810/2017 - Expression of Interest - Clean Energy Committee - Wilson

 

5

17811/2017 - Expression of Interest - Clean Energy Committee - Wilson - Resume

 

  


Ordinary Council Meeting - 25 May 2017

Establishment of a Council "Clean Energy Committee"

 


Ordinary Council Meeting - 25 May 2017

Establishment of a Council "Clean Energy Committee"

 


Ordinary Council Meeting - 25 May 2017

Establishment of a Council "Clean Energy Committee"

 


Ordinary Council Meeting - 25 May 2017

Establishment of a Council "Clean Energy Committee"

 


Ordinary Council Meeting - 25 May 2017

Establishment of a Council "Clean Energy Committee"

 

Colin Wilson
RESUME
1389 Rodeo Drive
Bowraville
New South Wales
2449
Mobile: 0400177503
Email: colin.wilson963@gmail.com
 

 

 

 


CAREER OVERVIEW

 

I have extensive experience in both educational and commercial fields.  My commercial experience includes a proven track record in establishing successful businesses from scratch.  I have practical skills in marketing, advertising, production and operations, human resources and project management. My educational experiences include teaching and developing effective and popular educational programs for individuals and groups at primary, secondary, and adult levels of development. Since 2008 I have completed a University of New England University Bachelor of Sustainability, TAFE Diploma of Management, and, Certificate 1V Training and Assessment. These studies complement earlier academic qualifications that collectively underpin community development and organizational management workshops that I intend to conduct.   

 

KEY STRENGTHS

 

·    I aspire to succeed in my chosen endeavours and usually achieve the desired outcomes.

·    I enjoy the process of working towards desired outcomes.

·    I am a team player with the proven ability to lead when the situation requires.

·    I encourage two way communications in educational and business activities to maximize the collective knowledge and skills of the people involved. 

·    I enjoy discovering new knowledge and skills that enable tasks to be more effectively and efficiently tackled and completed.

·    I can accept and digest criticism appropriate to the situation.


 

EDUCATION

 

2012-2016 University of New England (UNE) Bachelor of Sustainability

 

Period

Unit Code

Unit Name

Status

Mark

Grade

CP

2012/T1

IDIG110

Colliding Worlds

COMPLETED

85

HD

6.000

2012/T1

PEAC102

Environmental Peace

COMPLETED

86

HD

6.000

2012/T1

SOCY100

Introduction to Sociology

COMPLETED

78

D

6.000

2012/T2

GEPL112

Where in the World? Australia's Human Geography

COMPLETED

58

P

6.000

2012/T2

PEAC100

Introduction to Peace Studies

COMPLETED

79

D

6.000

2012/T2

SOCY101

Understanding Everyday Life

COMPLETED

84

D

6.000

2012/T3

PSYC102

Introductory Psychology II

COMPLETED

72

C

6.000

2013/T1

GEPL322

Cradle to Grave: Population Geography

COMPLETED

65

C

6.000

2013/T1

GEPL338

Understanding Research

COMPLETED

75

D

6.000

2013/T1

PHIL366

The Ethics of Environmentalism

COMPLETED

76

D

6.000

2013/T2

ECON329

Environmental and Natural Resource Economics

COMPLETED

69

C

6.000

2013/T2

PAIS365

Politics and the Environment: Intersecting Crises

COMPLETED

88

HD

6.000

2013/T3

PSYC101

Introductory Psychology I

COMPLETED

72

C

6.000

2014/T1

GEPL345

Regional Development: Processes and Policies

COMPLETED

71

C

6.000

2014/T1

THEA234

Speaking in Public

COMPLETED

77

D

6.000

2014/T2

GEPL324

Rural Planning and Resource Management

COMPLETED

69

C

6.000

2014/T2

GEPL335

Environmental Planning and Administration

COMPLETED

65

C

6.000

2014/T3

PSYC315

Psychology for Sustainability

COMPLETED

73

C

6.000

2015/T1

GEPL111

Earth in Crisis?

COMPLETED

72

C

6.000

2015/T1

SOCY340

Foundations of Modernity: An Introduction to Social Theory

COMPLETED

79

D

6.000

2015/T2

EDCX310

Learning in Social Movements

COMPLETED

83

D

6.000

2015/T2

IDIG303

Principles of Indigenous Community Development

COMPLETED

79

D

6.000

2016/T1

NR311

Natural Resource Policy and the Community

COMPLETED

84

D

6.000

2016/T2

PEAC373

Globalisation as if People and Ecosystems Matter

COMPLETED

80

D

6.000

Grade code: HD – High distinction; D – Distinction; C – Credit; P – Pass.

 

 


2011

Taree TAFE

Carbon Accounting 2

 

2011

Taree TAFE

BSB51107 - Diploma of Management

2009

Coffs Harbour TAFE.
TAA40104 - Certificate IV in Training and Assessment

 

1961

Glenburby College, Victoria.

Trained Technical Teachers Certificate 

 

1957

Royal Melbourne Institute of Technology

Diploma of Art - majoring in Gold and Silversmithing                                                                                                                                                         


 

2009

Coffs Harbour TAFE

TAA40104 – Certificate IV in Training and Assessment

WORK EXPERIENCE

 

1991-2017 and beyond

Coordinator - GAIANOMIC ECO SYSTEMS

 

GAIANOMIC ECO SYSTEMS has three primary functions:

·    Personal Development

·    Community Development

·    Business Education

 

GAIANOMIC ECO SYSTEMS seeks to create and/or reform societal institutions and economic activity in a manner that enables the preservation and reparation of the natural environment which is a prerequisite for sustaining human life.

 

1995 to 2003

Owner/Operator - LUCID DREAMING

 

Lucid Dreaming specialised in:

·    marketing

·    advertising

·    graphic design

 

Lucid Dreaming was dedicated to assisting businesses plan and implement marketing concepts into effective advertising and promotional campaigns. Lucid Dreaming created high quality graphic designs to support these campaigns. The graphic design products included: business cards; business stationery; menus; brochures; fliers; newspaper; magazine ads; and postcards. Desktop publishing activities included the production and distribution of 3000 Bowraville Passports and more than 30 issues of the ‘Waterfall Way monthly tourist magazine that promoted the spectacular Waterfall Way situated in the Mid North Coast of New South Wales.

 

1982-1995 

Co-Managing Director - THE MILLSTREAM PTY LTD (and subsidiary Deer Imports Trust) 

 

I was involved in the development of The Millstream Pty Ltd 400 acre property into a fully operational deer farm that:

·    ran approximately 250 breeding fallow deer

·    held a 51% stake in Deer Imports Trust that:

imported Dama Mesopotamica breeding stock from Europe

developed and managed a quarantine deer farm in New Zealand

ran extensive artificial insemination (AI) programs that produced superior Dama Dama/ Dama Mesopotamica hybrid deer

sold Dama Mesopotamica semen from imported deer into Canada, USA, New Zealand and Australia  

 

1977 - 1982

Teacher - Commonwealth Teaching Service (this became the Northern Territory Teaching Service on the 1-7-1981)

 

Umbakumba which is situated on Groote Island in the Northern Territory had a population of about 450 aboriginal people where my family and I experienced working/living within a traditional aboriginal culture.

 

My job description was to develop meaningful communications with the Groote Island Anindilyakwa people of Arnhem Land and from the information gained develop and implement a meaningful cross-cultural/bilingual educational program. Collaboration between the Anindilyakwa community and Umbakumba School staff utilising an enquiry-based approach to explore and share Anindilyakwa traditional cultural knowledge and skills provided the foundation for this endeavour.

 

 

1976-1977 

Shareholder - THE MILLSTREAM PTY LTD

 

Grew vegetables and ran cattle on this communal farm.

 

1975

Teacher at Brinsley Road (Argo Street) alternative school

 

The school was democratically managed (one person one vote) utilizing consensus and facilitation that ensured staff and students lived and worked within an egalitarian educational institution. The time I spent working as a member of a Brinsley Road community convinced me that A.S Neill's Summerhill School, democratic approach utilizing consensus and facilitation incorporated into an inquiry method of education was feasible and practicability.

 

I helped students organize art and craft activities, and facilitated language, communications, and negotiation workshops. I was active in individual and group development, and student counselling.

 

1973-1974

Practicing Artist 

 

Most of my cash-flow was from designing and manufacturing jewellery

I also made paintings & sculptures

 

1968-1972

Art Master – Newington College

 

Master in charge of Art Department

Taught Art, Craft and Art History Years 7 to 12

 

1962-1967

Art Teacher - Victorian Education Department

 

Taught art and craft subjects to Year 7 to 10 students at Colac and Wangaratta Technical Schools, and conducted adult art classes at the latter.

 

FUTURE ACTIVITIES

 

£ Collaborate with likeminded people to develop inquiry driven experiential learning workshops designed to build community capacity by encourage children, adolescents, and adults to participate in the creation of a more sustainable, egalitarian society.

£ Revisit paddling my kayak. I used to regularly traverse between 90 and 120 km each week.  In 2006 And 2007 I completed the Hawkesbury Canoe Classic, a 110 km overnight paddle. Maybe I can do it again?

REFEREES

Referees will be provided upon request.


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.14    T002/2017        250517         Insurance Brokerage Services Tender

 

AUTHOR/ENQUIRIES:    Ken Fowler, Safety and Risk Officer; Joanne Hudson, Manager Human Resources; Michael Coulter, General Manager         

 

Summary:

 

Council resolved on the 23 February 2017 to go to tender for the Provision of Insurance Brokerage Services, Tender T002/2017. This report discusses the results of this tender and provides a recommendation regarding the awarding of the tender. Only two insurance brokerage companies submitted tenders - Aon Risk Solutions and Jardine Lloyd Thompson (JLT).

 

 

Recommendation:

 

1        That Council accepts the tender from Jardine Lloyd Thompson for the provision of insurance brokerage services for a period of five years commencing 1 July 2017.

 

2        That Council formally acknowledges the outstanding work of Safety and Risk Officer, Ken Fowler, in achieving a significant reduction in Council’s insurance premium to the value of $283,303.03.

 

3        That Council formally thank Albury City Council for their assistance in providing information for the insurance brokerage services tender.

 

 

OPTIONS:

 

1          Accept the JLT tender package

2          Accept the alternative package offered by Aon

3          Reject both packages and seek to negotiate with one of the tenderers.

 

 

DISCUSSION:

 

Last year Council was approached by Aon Risk Solutions with an offer to benchmark our current insurance and compare the results to possible savings if Council chose to go to open tender. The benchmarking exercise was conducted and significant savings were identified. Based on those results, Council resolved to use Regional Procurement (the procurement business of Hunter Councils) to manage a tender process on behalf of Council.

 

Unfortunately, for various reasons, Regional Procurement decided not to run a tender. As Council had already given notice to JLT/Statewide, it was resolved that Council proceed by itself.

 

Tender T002/2017 was developed with the assistance of Albury City Council and internal resources, using the online service Tenderlink. All of the current insurances held by Council, except for workers compensation, were listed. Tenders closed on the 4 May 2017 with only two tenders submitted.

 

A comparison of both proposals was conducted and a side by side review was presented to the panel by the Safety and Risk Officer.

 

JLT/Statewide Mutual and Aon Risk Solutions both submitted tenders in line with the tender specifications.

 

Both packages are very detailed and contain policy wordings and quotes for the various insurances.

 

JLT also provided detailed schedules for all of their product offerings. Council has been with this organisation for 20 years and has a significant financial equity in the Statewide Mutual. They provide a number of services free of charge and have in the past provided Council with expert knowledge in the field of insurance and risk. Their proposal represents a greater than 40% reduction in premiums, without a reduction in coverage or service. However, Council would have to accept higher deductable cost per insurance class and allow for these costs in future budgets.

 

Details of each tender are shown in a report in closed.

 

Comments by General Manager and Manager Human Resources

 

Through the efforts of Safety and Risk Officer, Ken Fowler, Council has benefitted from a significant reduction in insurance premiums. This was despite a number of obstacles, including Regional Procurement withdrawing their services.  He then demonstrated initiative and good interpersonal skills in securing the assistance of Albury City Council which had recently conducted a tender for insurance services.  Albury City Council provided their valuable template for a tender at no cost to this Council.

 

It is therefore recommended that Council formally acknowledge the outstanding work of Mr Fowler, in achieving a significant reduction in Council’s insurance premium to the value of $283,303.03.  Council should also extend its thanks to Albury City Council for their assistance in the matter.

 

 

CONSULTATION:

 

General Manager

Manager Human Resources

Team Leader Risk and Safety, Albury City Council

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable

 

Social

 

Not applicable

 

Economic

 

The significant reduction in insurance premiums will enable Council to spend on other priorities that benefit the local community.

 

Risk

 

Inadequate insurance exposes Council to unfunded risk.

 

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

Over 40% reduction in premiums compared to the 2016/2017 budget, representing a saving of $283,303.03.

 

Source of fund and any variance to working funds

 

There will be no impact on working funds.

 

Service level changes and resourcing/staff implications

 

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

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.15    SF265              250517         Review of Donations Policy

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

A review of the Donations Policy, last adopted on 31 March 2016, has been done to reflect an adjustment to the process of review of applications for Section 356 donations by Council.

 

This review aims to reduce time involved in the review of applications, for both Councillors and staff, whilst still adhering to legislation, and to create a process that is perceived to be fairer and less difficult to administer.

 

This was previously reported to Council at its meeting of 27 April 2017 and the following resolutions were adopted:

 

1        That Councillors provide any comments on the reviewed policy within 14 days, after which time it will be reported back to Council, for adoption, with any comments/submissions taken into consideration.

 

 

          As at 16 May 2017, there had been 2 submissions received.

 

 

Recommendation:

 

That the reviewed Policy - “Donations Policy” - be adopted by Council and Council’s current

Policy titled “Donations Policy” be updated at that time, with the changes made to reflect the

received submissions from both Mayor, Rhonda Hoban, and Councillor John Wilson.

 

 

OPTIONS:

 

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

 

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

 

DISCUSSION:

 

Section 356 donations are currently called for annually by Council.  Under the current policy there is no upper level limit for donation requests and individuals may apply. There are currently no guidelines in the policy for waste management relating to charitable organisations.

 

Changes to the policy reflect the need for more donation programs each year, as the number of applications received by Council, outside the annual program timeframe, are dealt with ad-hoc, and often result in Council going “over-budget”, and approving donations into the next financial year. If the donation request was to be capped at a limit of $500, this would allow for a more equitable allocation of the limited donations budget.

 

Removal of the mention of individuals, or persons applying for a donation for personal gain, would mean only organisations that are not-for-profit, can apply to Council for assistance.

 

The waste waiver applications have not previously been mentioned in the Donations Policy, however it is a very large donation by Council each year for the dumping of excess waste from these organisations. The total tonnage delivered to Council’s waste facility in 2015/16 was 88.34 tonnes. The proposed addition of Item 5.18 under Donations Policy Funding Guidelines, would grant charitable organisations a waste tonnage amount per month, which would be equivalent to a total donation in a year of approximately $500. If they exceed the 300 kilograms per month, an invoice will be raised monthly, for the waste charges after taking their EPA exemption off the fees.

 

Council will continue to donate to each of the Nambucca Shire’s fourteen (14) schools, for annual presentation days, relieving them of the need to apply formally, however this amount has been altered to reflect increasing costs, to $100 to each school This regular donation is now reflected in the policy as part of the total Donations budget, not the residual 20%.

 

The above procedure aims to allocate 100% of the budget for donations. 

 

Should applications be received outside the two (2) proposed funding rounds, the Mayor and General Manager may consider the applications, up to the capped limit of $500, or in excess of the limit in special circumstances, documented by the applicant, and only if funds are still available in the current budget, and reported to Council.

 

The attached reviewed Policy is set out noting the changes in red from that reported to Council on 27 April 2017, and the removed wording with a line through it. The review has incorporated the submissions, noted below, made by Mayor, Rhonda Hoban and Councillor, John Wilson.

 

Submission from Mayor, Rhonda Hoban – email received on 15 May 2016:

 

I think three rounds of donations are too many and too much reporting and work for staff so would suggest two rounds.  (This has been altered in the reviewed policy Item 5.3).

 

I recognise the theory behind the $500 cap but don't believe it would ever work in practice. For example, if a volunteer not-for-profit community group had a $20,000 project and had attracted a $10,000 grant and managed to raise $9,000 by themselves, their project would fall over as would $10K of grant funding because of our $500 cap. My guess is that Council would immediately ignore the Policy and allocate the $1,000. I do however think that it is worth flagging the amount we have in mind as a reasonable donation and setting that at $500. Perhaps we could say that generally donations will be capped at $500. Requests for donations in excess of that amount will only be considered where the applicant shows considerable contribution by the organisation and evidence of efforts to source other funding. I'm not suggesting that be the wording, but if you get the idea then someone might be able to wordsmith it. In other words we should make it more difficult/require additional info for those applying for additional funds beyond $500. An example like the one I have given above would not be difficult to prove, but an organisation who hasn't applied for grants; made representations to other organisations  for funds; or done anything to raise money themselves would struggle.  (This information has been incorporated into Item 5.11)

 

Also, regarding the schools list, does Tallowood School still operate? If it does I think they should get a donation. I know it is a bit alternate and a private school but if they meet the Department of Education's definition of a School then we should not discriminate. (Tallowood Steiner School has been added to the list of 14 schools – only 13 were included, however Tallowood was included and received a donation in the 16/17 year – missed in error on the list, but certainly previously included).

 

Clause 6.10 will mean that we cannot assist in situations like the Steve Wood fundraiser or if a young person from the valley gets the opportunity to represent overseas like Jamie Bekis did when he went to the UK for cricket. I don't think it is Council's role to make cash donations to situations like the Steve Wood rallies - if someone is well regarded in the community and has suffered a dreadful and expensive tragedy then the community will stand by them. I do however think there is some merit in considering supporting individuals if say they are representing our Valley at a national or international level. As a Council we have statements in many of our documents about promoting the valley, promoting health and sport and arts and culture and encouraging our youth. My only proviso would be that if we do choose this option it should not be limited to sporting achievement and should also be available to those who have excelled in cultural or academic pursuits. (Incorporated into Items 6.11 & 6.12)

 

5.12.2 refers to a donation of water and sewer charges to Nambucca District Rescue Squad. Is this the VRA or is it an umbrella description for several organisations ie Marine Rescue AND VRA? If it represents more than one group we need to clarify whether it is a $500 donation to each organisation or a $500 donation to be shared. Might also be worth checking whether the donation is still warranted. (Item 5.12.2 adjusted to provide relevant data and Item 5.12.3 added to include the resolution of Council on 11 May 2017 regarding the Talarm Hall CoM)

 

Submission from Councillor John Wilson – email received on 15 May 2016:

 

I agree with Mayor Rhonda but feel we should state that our general policy is to cap donations at $500 but this is subject to each individual application. We do not need to specify sporting , educational or community involvement/achievement. Each application should be judged on its merits by Council.

But I also believe we need to have an annual cap and perhaps Teresa could guide us in this matter. We will need to be advised when we are approaching the agreed capped amount. (Incorporated into Item 5.9)

 

 

CONSULTATION:

 

General Manager

Assistant General Manager – Corporate Services

Manager Financial Services

Grants Officer

Mayor Rhonda Hoban

Councillor John Wilson

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental impact identified.

 

Social

 

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

 

Economic

 

The reviewed Policy provides an advertising date for the donations policy more consistent with review of the budget each year, and provides a more equitable policy for allocation of donations.

 

Risk

 

No risk identified.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on the current or future budgets.

 

Source of fund and any variance to working funds

 

There is no variance to the allocation of donations funding.

 

Service level changes and resourcing/staff implications

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

 

Attachments:

1

12244/2017 - CS- POLICY - Review of Donations Policy - April/May 2017

 

  


Ordinary Council Meeting - 25 May 2017

Review of Donations Policy

 

 

 

Description: Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

 (REVIEWED) POLICY

DONATIONS

(CHARITABLE AND OTHER)

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

Policy Statement:

 

To ensure that Council has a consistent, equitable and transparent process to respond to requests for donations. That equitable consideration is given to all donation applications received meeting this policy. Funding of donations represent value for money to the community

 

1.0        Policy objective

 

To ensure that money provided by Council to community organisations is allocated in the most effective manner, enabling Council to be more accountable to the community in regard to the spending of Council funds and be more transparent about the level of financial support to community events and organisations.

 

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

1.2     To ensure Council has a consistent, equitable and transparent process to respond to requests for donations of financial assistance funds in an equitable and appropriate manner.

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

1.4     To ensure that all applications received, which meet the policy requirements, are given equitable consideration for donation funding.

 

2.0        Related legislation

 

2.1      Section 356 Local Government Act 1993

2.2      Local Government (General) Regulation 2005 (NSW)

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

 


 

3.0        Definitions

 

3.1        Contribution

A contribution is a consideration to an independent organisation that will assist the Council in the maintenance and operation of a Council asset or program.

 

3.2       Donation

 A donation is a contribution made by Council without consideration or conditions other than the donation must be used in accordance with Council’s objectives and have a demonstrated benefit to the community. Council may make this donation as a direct monetary contribution, reimbursement for the provision of Council services, facilities or equipment on behalf of Council; or as direct services for which no return benefits are expected. In particular, Council donations can be in the form of payment of rates and charges on behalf of the community or sporting organisations, particularly where the property is leased from Council, and services are provided on behalf of Council.

 

3.3       Grant

            A grant is a consideration made by Council that focuses on a specific activity which is directed at achieving the community goals and objectives of Council.

 

3.4       Sponsorship

A sponsorship is a consideration to support the promotion of activities undertaken by Council.

 

4.0       Policy Content

 

4.1       Nambucca Shire Council in accordance with Section 356 of the Local Government Act annually allocates funds to provide financial assistance to community groups. Council acknowledges the contributions made by the not-for-profit organisations in the local government area, and is willing to support these organisations to achieve their goals wherever possible by committing limited funds in the budget for this purpose.

 

4.2       Council will consider provision of financial assistance by way of donation to local organisations, where in Council’s opinion, the application meets the eligibility criteria and demonstrates a community need.

 

4.3       This policy details the eligibility criteria for the Donations Program, and the types of Donations provided.

 

5.0        Donations Policy Funding Guidelines

 

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

 

5,2        Each year Council will allocate an amount in its annual budget for Section 356 Financial Assistance.

 

5.3        In July, November and March January each year Council will publish on its website the opening of funding rounds. Applications will be made available online. Enquiries for financial assistance will be directed to Council’s website. Council will accept applications from groups and organisations until the advertised closing date of each round. Each round will be open for a period of no less than 28 days from the first date of publication.

 

5.4        All applicants will be made aware that there are limited funds available in Council’s budget and donation requests will be capped at $500.

 

 

 

 

 

 

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

 

5.6        After applications close a report will be included in Council’s next available Business Paper identifying each application and the funds applied for.

 

5.7        Council will base an assessment of each application, in accordance with the requirements of the Act and the selection criteria outlined in this Policy.  Council may choose to fund, part fund or not fund each application.

 

5.8        Due to limited funding available, the maximum amount that can be funded for any single request will be $500.

 

5.9        When the annual budgetary limit is reached, no further applications will be considered. Council will be advised when the current budgetary limit is close to being fully allocated, within $1,500, with an email from the Grants Officer, as required.

 

5.10      Funds are to be made available to groups after resolution of Council.

 

5.11      Subsequent applications for assistance, or applications requesting a donation in excess of the “capped” amount, or outside the two (2) funding rounds, are to be treated as follows:

 

5.11.1 All applications are referred to the General Manager and Mayor for consideration, and reported to Council for adoption or refusal.

5.11.2 An appropriate response will be given where support is not provided.

5.11.3 Only where matters are considered by the General Manager and / or Mayor, to be exceptional circumstances, such a request will be referred to Council for determination.

 

5.12   Council will make an annual provision for:

 

5.12.1 Award presentations for each of the fourteen (14) primary and secondary schools in the Local Government Area of $100 to each school. Those schools are:

 

Bowraville Central School

Eungai Public School

Frank Partridge VC Public School

Macksville Adventist School

Macksville High School

Macksville Public School

Medlow Public School

Nambucca Heads High School

Nambucca Heads Public School

Nambucca Valley Christian Community School

Scotts Head Public School

St Mary’s Primary School

St Patrick’s Primay School

Tallowood Steiner School

 

5.12.2 Nambucca District Rescue Squad Inc (VRA) for payment of their waste, water and sewer costs up to a total value of $500 only – Council’s Assessment #11215998.

 

5.12.3 An annual indexed donation of $500 to the Talarm Hall Committee of Management to cover out of pocket expenses for the volunteers and the Hall Committee in maintaining the Welsh Pioneer Park.

 

5.13      Financial assistance is available to not-for-profit organisations which provide a community service within the Nambucca Valley, and that service assists Council in exercising its functions.

 

 

 

5.14      Funding assistance relating to the conduct of events will only be funded if they are one off community based events that provide a social benefit to the community.

 

5.15      Groups who receive funding will be required to show proof of expenditure for the purpose nominated by 31 May each year and whether the objectives of the funding were met, by completion of an Acquittal form.  Groups who fail to comply will not be considered for further funding.

 

5.16      It is not incumbent on Council to donate any, or all, of the funds.

 

5.17      If Council approves a funding request for financial assistance, it is not an ongoing commitment to funding for any following year, unless explicitly stated by Council.

 

5.18      Charitable organisations who make applications each year for a waste waiver, (disposal of inert materials), and have a current exemption in place for the waste levy from the EPA, be granted an allowable disposal tonnage of 300 kg per month, and any waste delivered over this amount will be invoiced monthly, charged at the current landfill disposal rate, less the EPA levy exemption.

 

6.0        Selection Criteria

 

6.1       Other than the annual donations to schools in the local government area for award presentations, and other noted donations, Council requires that organisations applying for funding under this policy are to submit an application.

 

6.2       Applicant organisations must be based in the Nambucca Shire Council local government area or must be affiliated with, or service clients within the Nambucca Shire Council local government area.

 

6.3       Federal or State Funded initiatives will generally not receive assistance under this Policy, nor will requests by organisations raising funds on behalf of another organisation, which is the recipient of financial assistance from the State or Federal Government.

 

6.4       Generally, Council will only provide financial assistance to incorporated not-for-profit organisations or unincorporated not-for-profit organisations, auspiced by an incorporated organisation.

 

6.5       Applicants for funding are required to demonstrate the financial viability of their organisation.

 

6.6       Preference is given to organisations that provide a valuable service or benefit for which there are no alternative funding sources.

 

6.7       The donation request must be for an activity or service to be provided within that financial year as approved by Council. Should an applicant not be in a position to expend the funds within the year, the applicant should prepare a written explanation and proposed time frame for the expenditure.

 

6.8       If an organisation wishes to modify its request or alter the proposed project or event, the applicant should make this request in writing. It is at the discretion of the General Manager as to whether the intent of this modification meets Council’s objectives.

 

6.9       Council will not make retrospective donations. Requests for donations made to the Mayor and General Manager outside of the Donations Policy, should be lodged at least six weeks prior to the date on which they are required.

 

6.10      Council will consider providing donations for significant sporting, cultural or academic achievements, which relate to ambassadorial roles in the community, and assess each of these applications on an individual basis, on merit and supporting evidence.

 

6.11      Council will not provide financial assistance to individuals, or organisations raising funds on behalf of an individual.

 

6.12      Activities ancillary to the functions of registered educational institutions, such as Parents and Citizens organisations are not eligible for funding under this Policy.


 

6.13      Consideration will be given regarding how each project will assist Council exercise its functions.

 

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

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

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

iv Consider the availability of other funding sources.

v Consider resources/projects availability to the general community.

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

vii          Consider whether or not the applicant has received Section 356 Financial Assistance

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

 

7.0        Donation of Council Development Application (DA) fees

 

7.1       Council will make an annual provision for the refund of half of DA fees, to a maximum value of $500, not including fees collected on behalf of the State Government, from appropriate funds, pending submission, and acceptance, of a written application for a refund, for:

 

7.1.1          non-profit charitable organisations.

7.1.2          Council’s Section 355 Committees.

7.1.3          non-profit community and sporting organisations.

 

7.2     Council will not refund DA fees and developer contributions where the applicant:

 

7.2.1         is providing a personalised service for fees e.g. nursing homes, preschools or   childcare centre.

7.2.2         is a profitable operation

7.2.3         operates licensed premises.

 

7.3.      All Council fees must be paid in full, prior to Council considering an application to refund DA fees or developer contributions.

 

8.0        In-Kind Donations

 

8.1       Council may consider providing material, equipment or human resources support to community organisations. Any such in-kind donation would need to take into account the impact on the essential work of the Council through consultation with the relevant Assistant General Manager, before being committed.

 

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

 

9.0     Acknowledgement

 

9.1       Where possible or feasible, recipients of the Donations Program are requested to give public recognition to the donation received from Council, and acknowledge Council’s financial assistance on any related promotional material.


 

10.0   Acquittal

 

10.1   Council requires an acquittal of all donations.

10.2      The recipient organisation is required to detail the manner in which the funds have been expended and a brief description of outcomes.

10.3   Council is to receive the acquittal of these funds by 31 May the following year.

10.4      Organisations that do not complete an acquittal of the donation, will not be eligible for a future donation.

 

11.0   Table of Amendments

 

1.

Department:

Corporate Services

Last Reviewed

Author:

Monika Schuhmacher

Teresa Boorer

Document No.

6416/2011

5556/2016

First Adopted:

27 September 2012

31 March 2016

Resolution No:

 

150/16

Review Due:

 

March 2017

 

2.

Department:

Corporate Services

Last Reviewed

Author:

Teresa Boorer

Teresa Boorer

Document No.

5556/2016

12244/2017

Adopted:

31 March 2016

 

Resolution No:

150/16

 

Review Due:

March 2017

 

 


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.16    SF1232            250517         Charges to Operate On-Site Sewage Management Systems

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

At council’s meeting on 13 April 2017 it was resolved that Council receive a report addressing the matters raised by Mr Brookes in his correspondence regarding charges to operate on-site sewage management systems (OSSMs) including any recommendations in relation to his suggestions for Council consideration.

 

In essence Mr Brookes has queried Council’s power to levy an annual charge to fund the inspection of on-site sewage management systems and the issue of an approval to operate those systems.

 

 

Recommendation:

 

That the information concerning questions about charges for the operation of on-site sewage management systems be received.

 

 

OPTIONS:

 

The report is for information.

 

The charge for on-site sewage management systems is included in Council’s Fees and Charges.  Council does have the authority to change the charge as part of its budgeting process for the 2017/2018 operational plan.

 

DISCUSSION:

 

At council’s meeting on 13 April 2017 it was resolved that Council receive a report addressing the matters raised by Mr Brookes in his correspondence regarding charges to operate on-site sewage management systems (OSSMs) including any recommendations in relation to his suggestions for Council consideration.

 

In essence Mr Brookes has queried Council’s power to levy an annual charge to fund the inspection of on-site sewage management systems and the issue of an approval to operate those systems.  The questions he has previously asked are underlined and in italics with the response to each question following.

 

1          Council does not have the legal powers under the current Local Government statutes to charge an annual fee for a licence to operate an OSSMS.  The justification from Council on 23 August is based on an incident at Wallis Lake some 20 to 25 years ago and states that, 'the term licence has been used at Nambucca Shire Council historically'.

 

Section 68 of the NSW Local Government Act 1993 specifies the requirement for an approval to operate a system of sewage management.

 

Section 68A then sets out the meaning of, “to operate a system of sewage management”.

 

To operate a system of sewage management means to hold or process or reuse or discharge, sewage or by-products of sewage.  Without limiting this definition, to operate a system of sewage management includes the use of artificial wetlands, transpiration mounds, trenches, vegetation and other effluent polishing, dispersal or reuse arrangements in related land application areas.

 

In other words, to operate a system of sewage management includes all on-site systems but does not include the discharge of sewage directly into a public sewer.

 

Section 80 of the Act provides that an application to operate a sewage management system must be accompanied by the approved fee.

 

Section 107A of the Act makes specific provision for the renewal of approvals relating to operation of sewage management systems.  The council may by notice in writing invite any person to whom an approval has been granted to apply to renew the approval.  Subsection (3) states, “a person to whom such an invitation is made is taken to have made an application under Section 107 to renew the approval on the same terms as the original approval if the person pays any required application fee (being an approved fee under section 80).

 

Clause 46 of the Local Government (General) Regulation 2005 provides for a temporary exemption for a purchaser of land.  It provides that a person who purchases or otherwise acquires land on which any sewage management facilities are installed may operate a system of sewage management without the approval required under section 68 of the Act for the period of 3 months after the date on which the land is transferred …”.  When Council’s administrative staff identify a transfer of ownership an application is sent to the new owner for the operation of the sewage management system.

 

As such, if a person pays the charge notified to them by Council as part of their rates notice (our invitation), it is not considered they are required to submit an application form for approval/renewal.

 

It is agreed that it is not a licence but rather an approval to operate an OSSM for a fixed term and that the annual charge comprises the fee for the periodic inspection and the approval to operate.

 

In summary there is nothing which precludes the new arrangements which have been put in place by Council.

 

2          Historically, pre 1993, licences were issued by Local Governments for various uses but it would appear that they were intentionally omitted from the current statutes because of their ineffectiveness as methods of control as opposed to being simply a form of income.  To justify the annual 'licence' fee in this manner is in my view misleading and not in accordance with the legal provisions referred to in Council's letter.  There is no doubt that as a constituent of the Nambucca Shire I am expected to conform and comply with ethical, moral, environmental and legal expectations and requirements.  Nambucca Shire Council on the other hand with regard to their operational and strategic management and financial controls is expected to do so strictly in accordance with the legal powers under the Local Government Act and Regulations.

 

It is agreed that the annual charge is for the provision of a service being the approval to operate and periodic inspection of OSSMs.

 

The Council has 2,845 OSSMs which require risk based inspections on either one, five or ten year cycles.

 

There are 46 OSSM’s requiring an annual inspection, 678 OSSM’s requiring an inspection once every five years, and 2,121 OSSM’s requiring an inspection once every 10 years.  It is agreed that if Nambucca Shire Council does not undertake this work, the current charge would be open to challenge.  Council would also be open to challenge from government agencies and any person who may suffer a loss as a consequence of a failed system polluting a waterway.

 

3          I do not believe Council has the power to introduce an additional levy as another 'charge' without the approval of the State Government.  The levies to date appear to be listed as approved under the Local Government Act without reference to an additional annual 'licence' fee.  Evidence of the legitimate process is the “Emergency Services Levy” to be effective as from 1 July 2017 and is a levy that Councils can only charge because it has been legally proposed and introduced by the State Government.

 

The OSSM charge is for the operation of an OSSM under Section 80 of the Act.

 

4          The 'fee for service' that Council may charge for the inspection and the issue of an 'approval to operate' is not time specific.  Council to date has issued these approval notices with 3, 5 and 10 year time periods which may be contrary because during these time periods the property may change hands.

 

Council has administrative arrangements in place as per Clause 46 of the Local Government (General) Regulation 2005 so that when there is a transfer of ownership an application is sent to the new owner for the operation of the sewage management system.

 

5          Under the provisions the 'approval to operate' and the 'fee for service' applies to the owner of the premises and is not a charge specifically to the premises.  The fee applied by Nambucca Shire Council as part of the annual rate notice applies to the premises and not specifically the current owner.  If the property changes hands the new owner becomes responsible for the payment of subsequent inspection fees.  The situation probably already exists with many previous and new property owners since the introduction of this annual fee by Council from 1 July 2016.

 

Agreed.  However as indicated there is a process in place whereby a new owner is required to obtain approval to operate the OSSM as per Clause 46 of the Regulations.  In relation to properties changing ownership, the new annual charge is more equitable than the previous invoiced arrangement as it spreads the burden evenly over years, rather than a large “one off” charge.

 

6          As it stands at the moment, Council would appear to have created a greater administrative dilemma with its so called credit licencing system in that financial records will be necessary of payments made by existing owners and the proportional refunds legally due to them as the property changes ownership.

 

As for question 5.  In relation to administration costs, the new arrangements have enabled Council to reduce its administrative staff by 0.6 of a full time equivalent staff member, saving the Council and ratepayers approximately $50,000 per annum including on costs.  This is equivalent to approximately a 0.5% rate increase.

 

7          It is apparent that Council has an administrative issue with "fee for service" cost recovery, however, the alternative method chosen by Council is incorrect.

 

Council staff are unable to identify any provision in the Local Government Act which prevents Council levying an annual charge as the fee for the approval to operate an operate onsite sewage management system.  In fact Section 107A of the Act would seem to have anticipated the practice.

 

Mr Brookes has made additional comments and suggestions in a letter sent to the Mayor in February 2017, suggesting that Council consider the following:-

 

·      Reviewing Chapter 15, Part 10, Sections 608 and 610D for justification on this Annual Levy

·      Ensure that Council formally adopt by resolution the introduction or continuance of the Annual Levy

·      Include the use of the income of some $115,000 dollars annually in its Environmental Levy program

·      Ensure that the amount raised is specified in the annual income report

 

From the information I have it would appear that the Annual Levy will produce additional income to Council of some $115,000 and with additional savings of $50,000 yearly.  It would appear that this income and savings are to go to the payment of inspection contractors which again should be specified.

 

My dealings with Council in this matter have (been) convoluted and from my perspective some what dismissive of what I believe my reasonable submissions.  This is evidenced by the complicated responses I have received.

 

It may well have served Council better to have sought some legal advice to save time and enable a proper response to the concerns expressed by me and most probably other constituents.

 

Sections 608 concerns Council fees for services and subsection (1) provides that a Council may charge and recover an approved fee for any service it provides, other than a service provided, or proposed to be provided, on an annual basis for which it is authorised or required to make an annual charge under section 496 or 501.  Section 610D specifies the matters which a council, if it determines the amount of a fee for a service, must take into consideration.  These are the cost to the council of providing the service; the price suggested for that service by any relevant industry body or by the Department; the importance of the service to the community; and any factors specified in the regulations.

 

There was a detailed report to Council’s meeting on 26 May 2016 in relation to the derivation of the annual charge.  The report costed Council’s OSSM program at $171,000 per annum and noted the proposed charges would result in proposed revenue of $114,940.  Council has changed its organisation structure to switch from a permanent Council staff member conducting OSSM inspections to a panel of contractors.  Those contractors have now been engaged and shortly will be commencing the inspection of approximately 400 OSSMs including the villages of Eungai and Taylors Arm.  It is estimated that the switch to contract inspections will save the Council about $40,000 per annum.

 

In relation to the suggestion that the OSSM inspection program (both revenue and expenses) be incorporated into the Environmental Levy program this is a matter for the Council.  On the basis of the information in the report to Council in May 2016 a transfer of the OSSM inspection program into the Environmental Levy would effectively result in a loss of funding available for levy projects and for this reason is not supported.

 

The revenue and expenditure associated with the OSSM program is subject to review by Council’s Auditors and the income is reported in Council’s financial statements.

 

CONSULTATION:

 

There has been consultation with the Coordinator Strategic Planning and Natural Resources.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

Mr Brookes’ contention is that Council does not have the power to levy an annual charge to fund the inspection of on-site sewage management systems and the issue of an approval to operate those systems.  In summary there is nothing in the legislation which precludes the new arrangements which have been put in place by Council.  The arrangements which have been put in place by Council reflect those which have been adopted by other councils.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The report has no budgetary implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 


 

Service level changes and resourcing/staff implications

 

The report has no service level implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     25 May 2017

General Manager's Report

ITEM 9.17    SF1154            250517         Draft Workforce Plan 2017-2021

 

AUTHOR/ENQUIRIES:    Joanne Hudson, Manager Human Resources         

 

Summary:

 

A Workforce Plan is one of three components of the Resourcing Strategy, the others being the Long Term Financial Plan and Asset Management Plan.

 

The Workforce Plan 2017-2021 provides strategies that will be implemented over the next four years to ensure we are positioned to meet our existing and future services demands and challenges.

 

 

 

Recommendation:

 

That the draft Workforce Plan 2017-2021 be placed on exhibition for 28 days along with the other components of the Resourcing Strategy, Community Strategic Plan and Delivery Program.

 

 

OPTIONS:

 

Not applicable

 

DISCUSSION:

 

A Workforce Plan is one of three components of the Resourcing Strategy, the others being the Long Term Financial Plan and Asset Management Plan.

 

The Workforce Plan 2017-2021 provides strategies that will be implemented over the next four years to ensure we are positioned to meet our existing and future services demands and challenges.

 

It is intended that the draft Workforce Plan 2017-2021 be placed on exhibition for 28 days along with the other components of the Resourcing Strategy, Community Strategic Plan and Delivery Program.

 

CONSULTATION:

 

Managers

Staff

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable

 

Social

 

Not applicable

 

Economic

 

Not applicable

 

Risk

 

Not applicable

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There may be an impact on future budgets as a result of staffing increases or decreases but any variations would be the subject of a further report.

 

Source of fund and any variance to working funds

 

 

Service level changes and resourcing/staff implications

 

 

Attachments:

1

9269/2017 - Draft Workforce Plan 2017-2021

 

  


Ordinary Council Meeting - 25 May 2017

Draft Workforce Plan 2017-2021

 

NAMBUCCA SHIRE COUNCIL

 

RESOURCING STRATEGY

 

 

 

 

 

DRAFT

WORKFORCE

PLAN 2017-2021

Introduction

 


The NSC Workforce Plan 2017-2021 provides strategies that will be implemented over the next four years to ensure that we are positioned to meet our existing and future services demands and challenges.

 

Strategic workforce planning is a continuous business planning process of shaping and structuring the workforce to ensure there is sufficient and sustainable capability and capacity to deliver the organisational objectives, now and in the future.

 

The Workforce Plan identifies the human resource strategies required to continuously deliver the right people – that is, those with the skills and capabilities necessary for the required work – in the right numbers in the right place, at the right time.

 

 

 

 

 

 

 

 

 

 

 

 

The methodology

 

NSC is committed to evidence based workforce planning and a process of continuous improvement as we shape and develop our workforce. To develop this Workforce Plan, NSC followed a rigorous workforce planning process as follows:

 

·      Review of the NSC Workforce Plan 2013-2017

-       Determine progress against agreed strategies

 

·      External environmental scanning, with a review of:

-       Global trends impacting on the business environment

-       Trends in the local government sector

-       State government directions and policies likely to impact on NSC

-       Feedback from the community (primarily via the customer satisfaction survey)

 

·      Internal business scanning, including:

-       NSC Community Strategic Plan

-       NSC’s current workforce profile

-       NSW local government HR metrics benchmarking

-       Staff Diversity survey

-       Managers Workforce Planning survey

 

·      Internal consultation:

-       Consultation with NSC executive team members to clarify workforce issues and priority strategies

-       Consultation with staff via the Consultative Committee

 

·      Forecast of future service delivery demands and strategic gap analysis of capacity and capabilities

 

·      Development of strategies to meet the demands of the future workforce

 


Ordinary Council Meeting - 25 May 2017

Draft Workforce Plan 2017-2021

 

Our workforce

 

2013

2017

 

127 114 staff FTE

Staff (headcount)

+ 8 vacant positions

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