NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

29 June 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 - 29 June 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.

 

INSPECTION

 

Proposed 68 Lot subdivision at Seaforth Drive Valla Beach – departing Council at 3.30pm to be on site at 3.50pm and to arrive back at Council no later than 5.00pm

 

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 15 June 2017...................................................................................... 7

5        NOTICES OF MOTION

5.1     Notice of Motion - Wires Mid North Coast Branch Sponsorship Request........................... 18

5.2     Notice of Motion - Review of Operating Hours, The Beach House Providore, 4 Thompson Street, Valla Beach – DA 2015/043..................................................................................................... 19

5.3     Notice of Motion - Conflict Arising from Horticulture Development in the Nambucca Shire.. 21  

6        PUBLIC FORUM

 

Jessica Waddell on behalf of The Beach House Providore - Valla Beach

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.................................................................................... 22

9.2     Request for Donation - Scotts Head Sports Field Committee of Management................... 26

9.3     Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach ..................................................................................................................................... 34

9.4     Conversion of Coastal Zone Management Plan to a Coastal Management Plan to support estuary management actions....................................................................................................... 64

9.5     Environmental Levy Quartely Report and other project...................................................... 67

9.6     Proposed Section 355 Committee of Management for Public Land in Adin Street Scotts Head    74

9.7     Development Applications greater than 12 months or where submissions received -  to 20 June 2017..................................................................................................................................... 78

9.8     Council Ranger's Report May 2017.................................................................................. 82

9.9     Stream 3 Funding Offer Flying-foxes Grant Program for Implementation of some actions in DRAFT Management Plan........................................................................................................... 84

9.10   Modification of Development Consent DA2015/103.......................................................... 87

9.11   Fixing Country Roads Program 2017/18 - Applications Open - Possible Projects............. 233

9.12   INTEGRATED PLANNING AND REPORTING FRAMEWORK - 2017-2021 RESOURCING STRATEGY - WORKFORCE PLAN .................................................................................................... 235

9.13   Union Picnic Day - Thursday 7 September 2017 - Closure of Work Sites.......................... 248

10      Assistant General Manager Corporate Services Report

10.1   Making of Rates and Charges 2017/2018....................................................................... 250

10.2   Community Strategic Plan 2027..................................................................................... 256

10.3   Nambucca Shire Delivery Program 2017-2021................................................................. 260

10.4   Draft Operational Plan 2017-18...................................................................................... 262

10.5   Draft Revenue Policy (Fees and Charges)...................................................................... 268

10.6   Draft Long Term Financial PLan 2017-2027..................................................................... 378

10.7   Grant Application Status Report ................................................................................... 391

10.8   Schedule of Council Public Meetings 2017..................................................................... 396

10.9   Minutes of the Audit Risk and Improvement Committe Meeting - 14 June 2017................. 397

11      Assistant General Manager Engineering Services Report

11.1   Stocktake reconciliation for Works Depot Store ending 30 June 2017.............................. 400

11.2   Capital Works - Anticipated revotes at 30 June 2017....................................................... 402

11.3   Nambucca Shire Traffic Committee Meeting Minutes - 6 June 2017.................................. 406

11.4   World Rally Road Damage and effect on Maintenance Program...................................... 468    

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

12.1   Legal Action to Seek Compensation for Damage to Council Sewer Main caused by Authorised Construction Work

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

12.2   Expression of Interest to Purchase Council's Valla Land - Lot 2 DP 1173066 - 6857 Pacific Highway, Valla

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.

  

            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 15 June 2017

The following document is the minutes of the Ordinary Council meeting held 15 June 2017.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 29 June 2017 and therefore subject to change.  Please refer to the minutes of 29 June 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)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

PRAYER

 

Pastor Paul Richardson of the Seventh Day Adventist Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.16 – Draft Flying Fox Management Plan Gordon Park under the Local Government Act as Cr Smyth is a member of the Gordon Park Rainforest Committee of Management.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 25 May 2017

277/17 RESOLVED:        (Smyth/Wilson)

 

That the minutes of the Ordinary Council Meeting of 25 May 2017 be confirmed with correction to:

 

Page 12 – Item 9.11 – second line – replacing “including” with “include”.

 

 

 

 


 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2303              150617      Review of Capacity of Finance Section

278/17 RESOLVED:        (Hoban/Finlayson)

 

1        That in consultation with Finance staff the General Manager and Assistant General Manager Corporate Services conduct a review of the capacity of Finance Section to meet reporting requirements.

 

2        That the review consider matters such as skill sets, training needs, capacity to backfill critical positions, workload spread and opportunities for efficiencies in process and the removal of duplication.

 

 

 

  

PUBLIC FORUM

RECOMMENDATION

 

That the following delegations be heard:

 

i         Keith Baldwin and Alison Nowland - Impact of the Pacific Highway construction on flooding at Browns Crossing Road.

DELEGATIONS

 

ii        Jon Benelle – Item 9.2  Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

 

iii       John Schmidt – Item 9.8  Water, Sewerage and Domestic Waste Charges for Secondary Dwellings up to 60m2 in Gross Floor Area

 

i         Keith Baldwin and Alison Nowland - Impact of the Pacific Highway construction on flooding at Browns Crossing Road.

          Ms Nowland presented a powerpoint presentation to the Council and requested action be taken to achieve access for Browns Crossing Road other than placing a large amount of fill in the narrow flood plan.

Mr Baldwin also stated that there is no accurate rainfall measuring to gain correct flood data

The other major concern is the safety issue.

 

Delegations:

ii        Jon Benelle – Item 9.2  Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

 

Mr Jon Benelle addressed Council with the following points:

·    Director of Iesha Homes

·    Goal is to build affordable homes

·    Raised capital to build house

·    Not advised of contribution fees

·    Fees are not in line with other councils

·    Levels too high to accept

·    Willing to contribute

·    Section 64 should have been provided prior and not at end

·    4.5 yrs to develop and fees that come out of the blue are not acceptable

·    Fees need to be provided upfront

·    $20000 is too much at short notice

·    If fees too high will look at closing what they are doing and cancel build

·    Would like Council to accept the recommendation in the report

 

 

ITEM 9.2      DA2017/028        150617      Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

279/17 280/17 RESOLVED:       (Ainsworth/Reed)  

 

That 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 for a period of 2 years.

 

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Reed, Jones, Wilson, Ballangarry, Jenvey and Smyth.

                                      (Total 9)

Against the motion:         Nil

 

 

281/17 Resolved:        (Finlayson/Ainsworth)

 

That further investigation be made into the 248 properties affected by the contribution requirement so as to flag within each 149 Certificate an informal warning to applicants to make enquiries about potential contributions and the matter be further reported to Council.

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Reed, Jones, Wilson, Ballangarry, Jenvey and Smyth.

                                      (Total 9)

Against the motion:         Nil

 

 

Delegations continued:

 

iii       John Schmidt – Item 9.8  Water, Sewerage and Domestic Waste Charges for Secondary Dwellings up to 60m2 in Gross Floor Area

          Mr Schmidt was available to answer any questions.

ITEM 9.8      DA2017/100        150617      Water, Sewerage and Domestic Waste Charges for Secondary Dwellings up to 60m2 in Gross Floor Area

282/17 RESOLVED:        (Smyth/Jenvey)

 

That Council change its policy of mandating a second domestic waste service (ie the 3 bin system) for owners of secondary dwellings with a gross floor area of up to 60m2, to a policy which provides the owners of such dwellings with the option of having a second domestic waste service.

 

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There are no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

General Manager Report

ITEM 9.1      SF959                150617      Outstanding Actions and Reports

283/17 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

 

Item 9.2 dealt with under Delegation

 

 

 

ITEM 9.3      SF203                150617      2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

284/17 RESOLVED:        (Smyth/Reed)

 

1        That Council note the release of the 2015-2016 NSW Water Supply and Sewerage Performance Monitoring Report.

 

2        That consideration be given to the levels of developer charges for water and sewerage as part of the current review of Council’s Integrated Water Cycle Management Strategy.

 

 

 

 


 

 

ITEM 9.4      SF1437              150617      Nambucca Heads Island Golf Club Lease and Request for Sponsorship

285/17 RESOLVED:        (Wilson/Finlayson)

 

1        Council advise the solicitors of the Native Title claimants NTS Corp as well as the Nambucca Heads Local Aboriginal Land Council of its intention to support the Nambucca Heads Island Golf Club Ltd being provided with a 10 year lease to occupy Reserve No. 77566 Stuart Island (either 10 years or a period of 5 years with an option for a further 5 years).

 

2        If the Native Title claimants and the Nambucca Heads Local Aboriginal Land Council are in agreeance with the proposed 10 year lease, that a submission be made to the Department of Industry – Lands recommending the endorsement of a lease of Reserve No. 77566 to the Nambucca Heads Island Golf Club Ltd for a term of 10 years.

 

3        If either the Native Title claimants and/or the Nambucca Heads Local Aboriginal Land Council are not in agreeance with the proposed 10 year lease, that the matter be further reported to Council.

 

4        Council endorse any lease agreement with its seal should this be required.

 

5        Council advise the Nambucca Heads Island Golf Club Ltd that it is prepared to provide sponsorship of $10,000 (ex GST) to attract the 5 nominated NSW golf championships and is seeking the Club’s assistance in identifying other sponsors to make up the balance of the sponsorship fee sought by Golf NSW.

 

Cr Smyth requested that her vote be recorded against the Resolution as she does not support point No 5 as it is inequitable and does not support Recommendation No 1 before Recommendation No 2 is determined.

 

Cr Jenvey and Ballangarry requested that their votes be recorded against the Resolution for the above reasons.

 

 

 

 

ITEM 9.5      SF2355              150617      Proposed Sale of Former Night Soil Depot at Gumma

286/17 RESOLVED:        (Finlayson/Smyth)

 

1        Council proceed to list for sale by private treaty Lot 1 DP 510707, Gumma Road, Gumma, for a price of $249,000.

 

2        Council disclose to any potential purchases all information in relation to the former use of the land.

 

3        Provided they are in agreeance, that the Mayor, General Manager and Manager Business Development be provided with delegated authority to accept an offer and to enter into a contract for the sale of the land.

 

4        That Council’s seal be attached to any contract documents as may be required.

 

 

 

 

 

ITEM 9.6      PRF16                150617      E J Biffin Fields - Fencing of Amenities Building

287/17 RESOLVED:        (Reed/Smyth)

 

That Council provide security fencing, similar to that used around school perimeters, around the amenities building at E J Biffin Fields as well as improved lighting with the funding to be sourced from the remaining unspent $48,000 arising out of the sale of the site of the Nambucca HealthOne facility.

 

 

 

 

 

ITEM 9.7      SF2303              150617      Operational, Community and Public Land

288/17 RESOLVED:        (Ainsworth/Reed)

 

That the information concerning operational land held by Council as well as Council’s community land and public community land under the control of Council be received.

 

 

289/17 Resolved:        (Reed/Ainsworth)

 

That Council reinstate the Land Development Committee meetings and they meet on a quarterly basis.

 

 

 

 

Item 9.8 – Dealt with under Delegations

 

 

 

ITEM 9.9      SF1429              150617      Contribution for Repair of the Bowraville Town Clock

290/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council make provision in its draft Operational Plan for 2017/2018 for the expenditure of $1,500 towards the repair of the Bowraville town clock.

 

 

 

 

 

ITEM 9.10    SF839                150617      Annual Reporting of Contracts for Senior Staff

291/17 RESOLVED:        (Wilson/Ainsworth)

 

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

 

 

 

 

ITEM 9.11    SF578                150617      Contaminated Land Policy

292/17 RESOLVED:        (Smyth/Ballangarry)

 

That Council adopt the Contaminated Land Policy and Guideline contained within attachments 1 & 2 of this report.

 

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Reed, Jones, Wilson, Ballangarry, Jenvey and Smyth.

                                      (Total 9)

Against the motion:         Nil

 

 

 

 

 

ITEM 9.12    DA2016/233        150617      Development Application 2016/233 - Swimming Pool Lot 120 DP 245010, 7 South Pacific Drive, Scott's Head

293/17 RESOLVED:        (Hoban/Reed)

 

That Council note that the application was dealt with under delegated authority.

 

 

 

 

 

ITEM 9.13    SF2293              150617      Development Applications greater than 12 months or where submissions received - to 7 June 2017

294/17 RESOLVED:        (Finlayson/Smyth)

 

That the information be noted by Council.

 

 

 

 

 

ITEM 9.14    SF2293              150617      2017 May - Development and Complying Development Applications Received

295/17 RESOLVED:        (Finlayson/Wilson)

 

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

 

 

 

 


 

 

ITEM 9.15    SF2293              150617      2017 May - Approved Construction and Complying Development Certificates

296/17 RESOLVED:        (Finlayson/Reed)

 

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

 

 

 

 

 

ITEM 9.16    SF2290              150617      Draft Flying Fox Management Plan Gordon Park

297/17 RESOLVED:        (Smyth/Jenvey)

 

1        That Council receive the presentation from Ecosure Pty Limited in respect to the preparation of the Draft Flying Fox Management Plan for Gordon Park;

 

2        That Council endorse the draft Flying Fox Plan of Management for Gordon Park for Exhibition;

 

3        That Council exhibit the draft Flying Fox Plan of Management for Gordon Park for a period no less than 28 days.

 

 

298/17 Resolved:        (Smyth/Jenvey)

 

That Council revise the Plan of Management for Gordon Park in consultation with the Section 355 Committee of Management.

 

 

 

 

ITEM 9.17    SF2292              150617      Minutes of the Nambucca Shire Council Access Committee meeting held 23 May 2017

299/17 RESOLVED:        (Smyth/Jenvey)

 

1        That the draft Disability Inclusion Action Plan be presented to Council for endorsement and submitted to the NSW Disability Council.

 

2        That Michael Porter be endorsed as a Committee member.

 

3        That when Council is recarpeting the Council Chambers, consideration be given to either removing the podium or installing a ramp so that the meeting room complies with access standards.

 

4        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 23 May 2017.

 

 

 

 

 

ITEM 9.18    SF1148              150617      Council Ranger's Report April 2017

300/17 RESOLVED:        (Ainsworth/Reed)

 

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

 

 

 

 

 

ITEM 9.19    PRF33                150617      Update on proposed upgrade of James Park

301/17 RESOLVED:        (Wilson/Ballangarry)

 

That Council proceed with the project to upgrade James Park, Carbin Street, Bowraville that will include the memorial for Evelyn Greenup.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2230              150617      Investment Report to 31 May 2017

302/17 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

 

 

ITEM 10.2    SF251                150617      Schedule of Council Public Meetings 2017

303/17 RESOLVED:        (Wilson/Reed)

 

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

 

 

 

 


 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF711                150617      Tender for supply and delivery of Bulk Water Treatment Chemicals

304/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council award the contract for Tender T081718MNC for the supply and delivery of bulk water chemicals to the following tenderers listed by Schedule in the table below as the Single Source supplier to Nambucca Shire Council for the period 1 July 2017 to 30 June 2019:

 

SCHEDULE

PRODUCT DESCRIPTION

Tenderer

B (2)

Aluminium Sulphate (kgs)

Nowra Chemicals

D (2)

Hydrated Lime (Bulk)

Sibelco

E

Sodium Hypochlorite 13%

Price Chemicals

P

Sodium Fluoride (Granular)

Redox

X

Carbon Dioxide Bulk

BOC

 

2        That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 June 2020.

 

3        That Council endorse the tender evaluation as provided in the confidential report for the supply and delivery of bulk water chemicals as a single source tender;  and

 

4        That Council updates the Contract Register (TRIM: 31325/2016).

 

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Reed, Jones, Wilson, Ballangarry, Jenvey and Smyth.

                                      (Total 9)

Against the motion:         Nil

 

 

ITEM 11.2    SF931                150617      Tender for the supply and delivery of hardware

305/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council award the contract for Tender REGPRO 031718 for the supply and delivery of hardware to J Blackwood and Son Pty Ltd as a Panel Source supplier to Nambucca Shire Council for the period 1 July 2017 to 30 June 2019 without any provision to extend the contract period.

 

2        That Council acknowledge that hardware may be sourced locally providing the cost is equal to or better than the contract price within the tender.

 

3        That Council endorse the tender evaluation as provided in the confidential report for the supply and delivery of hardware as a panel source tender;  and,

 

4        That Council updates the Contract Register (TRIM: 31325/2016).

 

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Reed, Jones, Wilson, Ballangarry, Jenvey and Smyth.

                                      (Total 9)

Against the motion:         Nil

 

 

 

 

ITEM 11.3    SF931                150617      Tender for the Supply and Deliver of Traffic and Safety Signage

306/17 RESOLVED:        (Finlayson/Ballangarry)

 

1        That Council award the contract for Tender REGPRO 041718 for the supply and delivery of traffic and safety signage to Barrier Signs Pty Ltd as a Panel Source supplier to Nambucca Shire Council for the period 1 July 2017 to 30 June 2019

 

2        That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 June 2020.

 

3        That Council endorse the tender evaluation as provided in the confidential report for the supply and delivery of traffic and safety as a panel source tender;  and

 

4        That Council updates the Contract Register (TRIM: 31325/2016).

 

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Reed, Jones, Wilson, Ballangarry, Jenvey and Smyth.

                                      (Total 9)

Against the motion:         Nil

 

 

 

     

As the matters listed in the confidential Business Paper were considered and resolved in open meeting, the Council did not go into closed meeting.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.40 pm. 

 

Confirmed on 29 June 2017 as a full and accurate record of the meeting and signed by the Mayor.

 

 

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

     


Ordinary Council Meeting                                                                                                    29 June 2017

Notice of Motion

ITEM 5.1      SF2303            290617         Notice of Motion - Wires Mid North Coast Branch Sponsorship Request

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

Council has received the attached correspondence requesting sponsorship for a local fundraising event for WIRES NSW Mid North Coast Branch. The request is for donations of goods or vouchers or financial sponsorship ranging from $150 to $500.

 

 

Recommendation:

 

That Council determine what if any level of support it is prepared to provide.

 

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    29 June 2017

Notice of Motion

ITEM 5.2      SF2303            290617         Notice of Motion - Review of Operating Hours, The Beach House Providore, 4 Thompson Street, Valla Beach – DA 2015/043

 

AUTHOR/ENQUIRIES:    Anne Smyth, Councillor         

 

Summary:

 

Ms Jessica Waddell, the owner/operator of The Beach House Providore, 4 Thompson Street, Valla Beach, has requested an extension to the operating hours for the café.  Ms Waddell feels that the viability of her business and her ability to provide employment for a number of staff is at risk without an extension to the trading hours.  She is seeking to increase the weekly operating hours, from the 6.00 pm permitted closing time, to an 8.30 pm closing time on Monday – Thursday and Sunday, with no change to the permitted trading hours on Friday or Saturday.  Ms Waddell intends to address Council with her request.

 

 

Recommendation:

 

1        That a Review be undertaken of the operating hours for The Beach House Providore, 4 Thompson Street, Valla Beach, DA 2015/043, as per Condition 2a of the Modified Consent.

 

2        That the results of the Review be reported back to Council for determination.

 

 

OPTIONS:

 

Council could choose not to undertake the review of the operating hours requested by Ms Waddell.

 

 

DISCUSSION:

 

Ms Jessica Waddell recently purchased the café at 4 Thompson Street, Valla Beach. The café is located in a residential zone and operates with “existing use” rights.  Prior to 2015, when Council approved a change of use to allow a café, the business which operated for many years at that location was a General Store.  In April this year, Ms Waddell sought a modification to the trading hours. While the hours of operation were modified, it was not to the extent that Ms Waddell sought. She then lodged an application with Council for a Review of the decision.  However, the Review was not supported by staff for a number of reasons.  Since that time, Ms Waddell believes she has addressed the non-compliance issues identified. Ms Waddell states that she was simply unaware that she was not complying and was not deliberately trying to evade her obligations as a business owner.  As an example, she did not realise that the outside seating (which has been there for many years and which she purchased with the business) was not permitted without lodging a Development Application. I understand that Ms Waddell is now taking steps to lodge the appropriate documentation to allow tables and chairs to be placed on the street in front of the café.

 

Ms Waddell's Modified Consent provides a reviewable Condition 2a in relation to the hours of trade. Ms Waddell is requesting that Council undertake a Review of the trading hours for the café and that it be determined by the elected Councillors.

 

 

CONSULTATION:

 

General Manager

Mayor

 

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The business operates with a responsible environmental approach to packaging, recycling and disposal of green waste.

 

Social

 

The café provides a service to the community and is frequented by locals and visitors.

 

Economic

 

The economic sustainability of the business may be at risk due to the present trading hours. 

 

Risk

 

The viability of the employment of incumbent staff at the café may be at risk without an extension to the trading hours.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

None known.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    29 June 2017

Notice of Motion

ITEM 5.3      SF2303            290617         Notice of Motion - Conflict Arising from Horticulture Development in the Nambucca Shire

 

AUTHOR/ENQUIRIES:    Brian Finlayson, Councillor         

 

Summary:

 

This is a matter that came to Council a short time ago but morphed into considerations relating specifically to blueberry production. The question of exercising a degree of control over intensive horticulture to minimise conflict with residential development remains unresolved.

 

A number of alternatives have been proposed including making any intensive horticultural development subject to Council approval irrespective of the zoning of the land where the development is proposed. Other options suggested more control on development where conflict was more likely to occur such as in areas zoned R5 (large lot residential). Reservations about the wisdom of Council seeking to enter into any of this have also been expressed.

 

One alternative that has some appeal is to simply prohibit horticultural development within 200 metres of a residence (excluding your own) irrespective of the zoning. If you live in a closely developed R5 area (eg Kingsworth Estate or Wirrimbi) you are not likely to be able to comply and if you want to carry on horticulture you’re going to need to acquire a bigger property. If your block is large enough then perhaps you should be entitled to carry on horticulture and neighbours who choose to live in rural areas including rural residential areas should not be surprised if rural activities occur. Purchasers are warned of this when they inspect the S149 Certificates provided as part of the land acquisition process.

 

It should be easy to comply with this requirement in other rural areas where holdings are larger.

 

There may be some problems with definitions. What for example is the position with the owner of a one hectare lot in an R5 area who wants to set up a large mixed orchard for his own use (which you might think would be a reason why you would live in a rural residential area). Are we going to tell him he is not allowed to do it?

 

Straying from that a little, there are many complaints about netting erected over plantations most of which relate to visual intrusiveness. Perhaps we should restrict the colour of netting to black which seems to be least intrusive. There does not seem to be any operational differences between black or white netting.

 

 

Recommendation:

 

That Council receive a further report relating to options for preventing conflict arising from horticultural development within the Shire.

 

 

 

 

Attachments:

There are no attachments for this report.        


Ordinary Council Meeting                                                                                                    29 June 2017

General Manager

ITEM 9.1      SF959              290617         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

 

JULY 2011

1

SF1031

21/7/11

That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy

 

GM

31/05/17 Now that the Floodplain Management Study and Plan are completed this policy can be referred to the next Estuary Committee meeting for consideration.

 

DECEMBER 2013

 

2

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

 

3

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

 

4

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

 

5

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

 

6

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 – Ecologist has been engaged and a report has been prepared. It will be included/ considered in the housekeeping amendment going to the next council meeting.

01/06/17 – Housekeeping amendment planned to be finalised by end of 2017.

 

 

7

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

 

8

SF988

9/02/17

Representations re a new Macksville Hospital on a greenfields site.

 

GM

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

1/06/17 Follow up letter sent to Minister for Police and Member for Oxley re centralised police station.

 

7/06/17 Letters also sent to the three Chambers of Commerce.

 

21/07/17 - State Government have announced $73m funding for a new Macksville Hospital on the greenfields site.  Success.

 

 

9

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

 

10

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.

 

11

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.

 

 

12

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.

 

 

13

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

 

 

14

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

 

 

15

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

22/6/2017 – Contact has been made with Mr Miles.  There are 7 veterans involved with Operation Pilgrimage.  The MCD is awaiting information from Mr Miles confirming dates and the assistance which Council might be able to provide.

 

 

16

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.

 

 

17

SF2195

30/3/17

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.

 

 

 

APRIL 2017

 

18

 

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.

30/05/17 – additional details on costing and cost/benefit for the sealing of Lower Buckrabendinni Road has been sent to the Member for Oxley.

 

 

19

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

 

18/5/17 – Further meeting with head of Pacific Highway requesting funding for the connection as a consequence of Old Coast Road be severed and made a dead end road.  Awaiting response.

 

MAY 2017

 

20

SF1541

25/05/17

That the review of the local environmental plan include consideration and a subsequent report on the creation of more residential land near Macksville and more industrial land (including land for bulky goods) near Macksville.

 

GM

31/05/17 – Report in October 2017

 

21

SF818

25/05/17

That Council write to DPI Water requesting a meeting to pursue the licence amendment (for the Bowra Dam).

 

AGMES

31/05/17 – Awaiting response to request

16/06/17 – Letter sent to DPI Water

 

JUNE 2017

 

22

SF2303

15/06/17

In consultation with Finance staff the GM & AGMCS conduct a review of the capacity of the Finance Section to meet reporting requirements.  Consider matters such as skill sets, training needs, capacity to backfill critical positions, workload spread & opportunities for efficiencies in process & removal of duplication.

 

GM & AGMCS

Report in July 2017

 

23

DA2017/028

15/06/17

That further investigation be made into properties affected so as to flag within each 149 certificate an informal warning to applicants to make enquiries about potential contributions and the matter be further reported to Council.

 

GM

Report in July 2017

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                    29 June 2017

General Manager's Report

ITEM 9.2      SF25                290617         Request for Donation - Scotts Head Sports Field Committee of Management

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

Council has received a request for a Section 356 donation of $1,000 from the Scotts Head Sports Field Committee of Management for line marking costs, outside the 2017/2018 program applications. The Committee of Management cited several issues regarding reasons for the late application – copy of this letter is attached.

 

 

Recommendation:

 

That Council approve a Section 356 donation of $1000, from the Donations Budget 2017/2018, to assist the committee with line marking costs for the Scotts Head Sports fields.

 

 

OPTIONS:

 

1        Council can resolve to donate $1,000;

2        Council can resolve to donate the same amount as the previous year, $500;

3        Council can resolve not to donate.

 

 

DISCUSSION:

 

The Scotts Head Sports Field Committee of Management is a dedicated team of volunteers that maintain the fields in Buzz Brazel Park in Scotts Head. These sporting fields are used regularly, and are the hub for the well-being program conducted by Ritchie Donovan. The request for the Section 356 donation is attached.

 

 

CONSULTATION:

 

General Manager

Allan Turner

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment

 

Social

 

Council's donation would assist all local athletes as the fields would are maintained and ready for use, and the committee, and coaches, are not out of pocket for the upkeep in regards to line marking of the fields.

 

Economic

 

There are no economic issues.

 

Risk

 

There is no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funds are available from Council's donation budget.

 

Source of fund and any variance to working funds

 

There are no implications on source of funds or any variance to working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact on service level changes or resourcing/staff implications.

 

 

Attachments:

1

20454/2017 - Application for Section 356 Donation Program 2017/2018 - Scotts Head Sports Field Committee of Management

 

  


Ordinary Council Meeting - 29 June 2017

Request for Donation - Scotts Head Sports Field Committee of Management

 

 


 


 


 


 


Ordinary Council Meeting                                                                                                    29 June 2017

General Manager's Report

ITEM 9.3      DA2017/020      290617         Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach

 

AUTHOR/ENQUIRIES:    Brad Lane, Senior Town Planner         

 

Summary:

 

The development application as lodged, relates to a proposed 68 lot residential subdivision of the subject land which is located at Seaforth Drive, Valla Beach.  The site has frontage to an area of SEPP 14 wetland vegetation and comprises the last stages of the residential development known as Ocean Waves Estate. A copy of the application plans are included as Attachment 1 of this report.

 

Discussions have been had with the applicant, their consultants and officers from the Office of Environment and Heritage.  Although the applicant has submitted additional information, the plans did not satisfy all of the matters requested by Council. 

 

Amendments to the application are required to be forwarded to the integrated approval agencies (NSW Office of Water and NSW RFS).  Since this would result in additional delay, still does not reflect the desired outcome, and given the extended time elapsed since the application was lodged, it has been decided at this time not to agree to the amended information.  This allows Council the opportunity to determine the application based on conditioning the application as originally lodged.

 

This process and the proposed conditions of consent included as Attachment 2 would effectively address the outstanding issues relating to the SEPP 14 buffer, bushfire hazard mitigation, provision of casual open space, protection of EEC vegetation and would avoid further delay caused by additional referrals to integrated agencies. 

 

The proposed conditions of consent would result in a total of 66 residential lots, which can be undertaken in 3 stages, since the separate creation of proposed Lot 273 is not supported as Stage 4. 

 

The development application has been reported to Council for determination as it has been called in by Council.

 

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 2017/020 for a 66 Lot Residential Subdivision of Lot 176 DP 1190467 – Seaforth Drive, Valla Beach subject to the schedule of conditions outlined in Attachment 2 of this report.

 

 

 

 

OPTIONS:

 

(a)      Grant consent to the development application, subject to conditions provided in Attachment 2, or

 

(b)      Require an amendment to the application to address the matters which have been conditioned, or

 

(b)      Refuse consent to the development application

 

DISCUSSION:

 

Background to the Proposal

 

In September 2015 development application DA2015/144 was submitted for a 74 lot subdivision of the subject land.  Following queries raised during the assessment further site investigations were required.  Given the time required to complete that task the application was withdraw on 26 February 2016 to allow for the additional investigations to be undertaken.

 

Two subsequent development applications DA2015/159 and DA2016/123 were lodged and approved, over parts of the site creating a total of 6 lots.

 

The subject development application presently before Council has been submitted with revised information, but is essentially similar to the development application withdrawn in 2016, less the lots which are to be created under separate consents DA2015/159 and DA2016/123.

 

Description of the Site and Surrounds

 

The subject land is legally described as Lot 176 DP 1190467 and is located to the west of Seaforth Drive, Valla Beach.  The subject land has a total area of 12.82ha and is presently vacant.  The subject land is partially vegetated with a variety of vegetation communities located on the site including cleared/ managed grassland, modified open forest, swamp sclerophyll forest and coastal saltmarsh. The swamp sclerophyll forest and the coastal saltmarsh vegetation are each noted as being an endangered ecological community (EEC).  A 50m buffer to the SEPP 14 wetland is registered as a restriction on the title of the land.

 

The site is gently sloping from higher ground located along Seaforth Drive in the east downward to the wetland area located to the west of the site.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Figure 1 - Locality Plan

 

The site is the last large parcel of residential zoned (R1 General Residential) land located on the western side of Ocean View Drive and directly adjoins similar residential subdivision that has been constructed to the south and east.  The surrounding land comprises a mixture of detached dwellings and bushland areas associated with the Valla Beach residential area. To the north of the site is a vacant vegetated lot (RU1, E2 and E3 Zoned land) also owned by the proponent. To the north and east of the site is a National Parks Estate known as the Valla Nature Reserve. To the east and south are other residential uses associated with the Valla Beach urban area (see Figure 1).

 

Part of the subject lot is separated from the main part of the site and is located with frontage to Ocean View Drive.  That part of the site is an irregular “L” shaped piece of land located to the east and south of the vegetated Council reserve.

 

Description of the Proposal

 

The development proposal is to undertake a subdivision to create 68 residential lots on the subject site.  The proposal includes vegetation removal to facilitate the construction of new public roads and infrastructure, residential lots, open space and ancillary earthworks. Complete details of the proposed subdivision are shown in the application plans contained within Attachment 1

 

The features of the proposed development are described as follows.  An environmental buffer area is proposed along the western side of the site to provide separation between the proposed residential lots and the SEPP 14 wetland located to the west.  This area is 40m from the agreed and surveyed alignment of the SEPP 14 boundary determined as part of the assessment of development consent No.412-11-2002 by the Department of Planning. 

 

Two new public roads are to be constructed including an extension of Swordfish Drive to connect with Seaforth Drive and a proposed new road which will provide a perimeter loop road to the extended part of Swordfish Drive to access lots on the western side of the site.

 

A variety of lots sizes are proposed, with a minimum of 531m2 up to 1.5ha (which includes the buffer land) however most are generally in the order of 700m2

 

The proposal is to be constructed in 4 stages containing between 1 lot (being the isolated part of the land adjacent to Ocean View Drive) and 25 lots. 

 

The stormwater drainage system comprises a pit and pipe network within the proposed road network to accommodate the 1 in 5 year ARI with the road alignment to convey stormwater in excess of the minor design event. 

 

Earthworks are proposed to regrade the site by trimming ridge areas and filling the slight gullies in the topography.  The applicant estimates that the cut material from trimming the ridge areas and boxing out roads is likely to achieve a cut to fill balance on the site. 

 

Tree clearing required to facilitate the development includes 4ha of modified open forest and approximately 0.1ha of swamp sclerophyll forest. 

 

Traffic to the proposed development as well as the existing development to the east and south accesses Ocean View Drive via Swordfish Drive to the north east. The proposed new roads are to be typically 8.0m wide AC sealed with a central crown falling to a standard roll kerb and gutter within a 15m road reserve.

 

No public open space was provided within the development, as originally submitted.  The applicant has expressed an intention to alter the design of the stormwater detention basin at the north western side of the site to act as a dual use casual open space area.  This facility would be similar to the “Town Green” area at Scotts Head and would facilitate a useful recreation area for future residents. 

 

Assessment:

 

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

 

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


It is considered that sufficient information is available to satisfy Council that the proposed development will not be contrary to the matters for consideration outlined in this section subject to the recommended conditions of consent.

An ecological assessment has been prepared by Naturecall Environmental.  The assessment identifies that the swamp sclerophyll forest and the coastal saltmarsh vegetation are noted as being endangered ecological communities. 

Proposed conditions of consent will require the retention of the swamp sclerophyll forest located within proposed lots 265 - 270.  Other areas of swamp sclerophyll forest and the coastal saltmarsh are protected within the proposed buffer areas.

The development includes a 40m buffer to the SEPP 14 wetland.  A 50m buffer from the same reference point is registered on the title of the land and was required by a condition within development consent No.412-11-2002.  Nambucca Shire Council is named as the authority empowered to vary or modify the restriction.  The proposed 40 m buffer will result in a vegetative buffer of more than 50m from the distinctive edge of vegetation characteristic of the saltmarsh at most points along the western interface of the development to the wetland.  The parts of the development encroaching in the registered 50m buffer include a section of the perimeter road, stormwater detention and stormwater discharge devices.

It is proposed to optimise the extent of the SEPP 14 buffer in the proposed conditions of consent to require an increase of the buffer to the south of the proposed lots to offset the areas of encroachment by part of the perimeter road, stormwater detention and stormwater discharge devices. The resultant buffer will provide continuation of the buffer which has been provided along the western edge of the subdivision perimeter road in existing development to the south of the site.  The area of coastal salt marsh adjacent to those earlier stages of the Ocean Waves Estate appear to be of a similar quality to the saltmarsh adjacent to the subject development.

In addition to the above proposed conditions, the recommended ameliorative measures provided within the Naturecall Assessment have been included as proposed conditions.

Subject to the above conditions, it is considered that the proposal will not have a “significant effect”, in its statutory meaning, on any threatened species, populations, communities or their habitats.

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

 

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

 

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

 

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

 

Clause

Complies

Comments

2.3 - Zone objectives and land use table

Yes

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

4.1 – Minimum subdivision lot size

Yes

The proposed lots easily comply with the minimum lot size of 450m2.  The average lot size is in the order of 700m2.

4.1B - Minimum subdivision lot sizes for certain split zones

Yes

The site includes land within Zones E2, E3 and W1.  A 40ha minimum lot size applies to land within the in E2 and E3 zones. No minimum lot size applies to the W1 zone.

The proposed wetland buffer lot will be conditioned to include all land within the E2, E3 and W1 zones as well as greater than 450m2 in the R1 zone.  Accordingly the proposal will comply with Clause 4.1C to create the split zone lot with an area of less than 40ha.

5.5 - Development within the coastal zone

Yes

Refer to comments in relation to SEPP 71.

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

Yes

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

7.1 – Acid Sulfate Soils

Yes

The site is mostly mapped as Class 5 soil type.  A small part of the site is mapped as Class2 soil.  An Acid Sulfate soil Management Plan has been provided.

7.3 – Flood Planning

Yes

The site is only partially affected by the 1:100 flood event.  A condition relating to the minimum finished surface level of the residential lots has been included.

7.4 - Public utility infrastructure

Yes

All normal urban services are in the vicinity of the site and may be extended to the site.

7.6 - Earthworks

Yes

Earthworks are proposed as part of the proposed development.  The earthworks concept is intended to achieve a cut to fill balance by cutting from ridges and filling to the slight gullies in the topography of the site.  This work will have minimum impact on the locality in terms of the disruption to drainage patterns or water courses.  Appropriate conditions requiring sediment and erosion control will be included on the consent.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

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

 

State Environmental Planning Policy

Complies

Comments

SEPP 44- Koala Habitat Protection

Yes

Having regard to the submitted ecological assessment, the site is not considered to be core koala habitat. As such, in accordance with clause 8, the consent authority is not prevented by this policy from granting consent to the development application.

SEPP 55 - Remediation of Land

Yes

The site is bushland that has not been used for any previous purpose.  The proposal is considered unlikely to be contaminated and suitable for the proposed residential use.

SEPP 71 – Coastal Protection

Yes

The proposal is considered to be consistent with the matters for consideration outlined in Clause 8 and the development controls within Part 4 because it will not contradict the aims of the policy or result in any significant impacts on the coastal environment having regard to scenic qualities.  The proposal will limit access to the wetland by including the privately managed buffer area, which will be conditioned to require registration of a positive covenant requiring ongoing management and maintenance.  The ongoing management of this buffer area and restriction of public access is consistent with the ecological conservation aims of the area. The due diligence report submitted with the application is considered adequate.  Standard conditions relating to the discovery of a relic during construction will be included on the consent.

The proposal includes a buffer area to protect the coast saltmarsh and the consent will also be conditioned to require the retention of the swamp sclerophyll forest at the north western part of the site.  These measures will ensure adequate protection of ecosystems, coastal processes and wildlife corridors. Conditions will be included to manage sediment and erosion control during construction and the proposed permanent stormwater management measures are adequate to maintain water quality.  Due to the location of the site, the development is not likely to result in conflict between land-based and water-based coastal activities.

A Masterplan (DCP) waiver has been granted by the Department of Planning and Environment.

SEPP (Infrastructure) 2007

Yes

In accordance with clause 45, the application was referred to Essential Energy for comment because the proposal includes the placement of power lines underground. A response was not received.  Council is only required to take in to consideration comments received within 21 days after the referral notice was given.

 

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

 

The proposal is not considered to be inconsistent with any draft environmental planning instruments applicable to the proposed development.

 

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

 

NAMBUCCA DEVELOPMENT CONTROL PLAN 2010

 

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

 

NAMBUCCA DCP 2010

Complies

Comments

Notification and advertising (Part A)

Yes

Adjoining land owners have been notified and the application was advertised from 10 February 2017 until 13 March 2017.

Environmental context (Part A)

Yes

These matters predominantly relate to controls in other planning instruments and have been adequately considered elsewhere in this report.

Site Analysis (Part A)

Yes

The plans and specialist reports submitted with the application adequately identify and respond to the sites opportunities and relative constraints. 

Subdivision (Part B)

Yes

The application plan showing the proposed subdivision layout adequately addresses the controls in Part B, which is discussed as follows: 

B2.1 Design Principles. The proposal achieves a mix of lot sizes which are suitable for the intended future residential uses.  The layout responds to the topography of the site and provides a buffer to the high conservation wetland area.  Pedestrian paths will be provided.

B2.2 Lot Orientation. The lot layout provides adequate solar access with the majority of lots provided with an east-west orientation.

B2.3 Road Network and Design. The proposed road network is logical and efficient.  The proposed local roads will accommodate drainage functions and will provide suitable access to the lots.  The pavements will be conditioned to be 8m wide within a road reserve of 15m width which satisfies the DCP and Aus-Spec Design Specifications.

B2.4 Pedestrian and Cycleway Networks. The proposed footpath network will be conditioned to extend throughout the development including the new perimeter road.

B2.5 Bus Services. The bus network is external to the subdivision.  Busways have advised that they will not service (i.e. enter) the subdivision.

B2.6 Public Open Space.  The consent will be conditioned to include the dual use of the stormwater detention basin at the north western part of the site as a minimum area of 1,300m2of passive open space.  The area will function as a pocket park which will provide a valuable recreational area for future residents of the area.

B2.7 Water and Sewerage.  All proposed residential lots are to be serviced by reticulated water and sewerage services.  Easements will be required by conditions of consent.  The proposed dead end extension at the northern end of the site will be deleted by a condition of consent.

B2.8 Stormwater Drainage.  The stormwater concept plan has been reviewed by Council Engineer. Complete details will be reviewed at the Construction Certificate Stage.

B2.9 Electricity. The development will be conditioned to provide underground electricity to each lot.

B2.10 Telecommunications. Standard conditions will be provided regarding telecommunications.

B2.11 Service Easements.  Conditions of the consent will require appropriate easements over public assets.

B2.12 Title Restrictions.  A title restriction will be placed on the lot containing the split zones and SEPP 14 buffer to require on-going management and maintenance.

B2.14 Wildlife Management and Landscape Ecology.  The proposed conditions of consent will require a positive covenant to protect and maintain vegetation on the lot containing the split zones and SEPP 14 buffer.

B3.1 Residential Zones. All proposed lots exceed the minimum lot size, frontage and building envelope requirements. The one battle axe block has an access handle width of 5m.

B4 Subdivision Construction.  The proposed conditions of consent will require compliance with Council’s Aus-Spec #1 Design and Construction Specifications and Council’s Water and Sewer Design Specification.

Sediment and erosion control (Part D)

Yes

Requirements for erosion and sediment controls have been included as conditions of consent.

Residential developments (Part H)

Yes

The proposed subdivision has been designed to adequately take account of the proposed setbacks and controls relating the siting of a future dwelling on each proposed lot.

Coastal Hazards (Part K)

Yes

The site is not subject to the mapped coastal erosion hazard.

Waste Minimisation and Management (Part N)

Yes

The site is serviced by Council’s waste collection route. 

 

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

 

There are no planning agreements applying to the subject site.

 

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

 

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

 

Clause

Complies

Comments

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

Yes

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

 

(a) (v) any coastal zone management plan

 

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

 

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

 

Issue

Applicable

N/A

Comments

Context and Setting

x

 

The proposed development will involve tree clearing and subdivision work which will alter the existing features of the site however this is consistent with the intended planning objectives for the urban zoned land. The maintenance of the vegetative buffer to the SEPP 14 wetland, which is to be privately owned and managed in accordance with a positive covenant, will maintain the “urban bushland” character of the area. On this basis it is considered that the proposed development will not result in any significant impacts on the existing character of the site or surrounding area due to its size, shape or intended future residential use.

Access, Transport and Traffic

x

 

The proposal is suitable and will make efficient use of available residential zoned land and urban services.  The proposed road widths (8m pavement within a 15m road reserve) comply with Council’s Development Control Plan and Aus-Spec Development Design Standards which require road widths of 7-8m for local roads within a minimum road reserve of 15m. 

The site has access to Ocean View Drive being the collector road, via Swordfish Drive. It is considered that the traffic generated by the proposed development will not significantly impact on the capacity of local road network.

This is on the basis that the additional traffic combined with the existing traffic generated by lots within that catchment of the Swordfish Drive/ Ocean View Drive intersection will generate approximately 105 vehicle trips within the am peak and 115 vehicle trips in the pm peak. This is an average of less than 2 vehicles per minute using the intersection in the peak periods.

Public Domain

x

 

It is not considered that the proposed development will result in any adverse impacts on the public domain.  The proposed public road network and the area of public open space that may be provided by a condition of consent is of a reasonable configuration and will be functional.  The maintenance of a vegetative buffer to the SEPP 14 wetland will enhance the streetscape of the area.

Utilities

x

 

All urban services are located within the vicinity of the site.  The proposal includes extension of these services to connect to each of the proposed lots.

Heritage

x

 

The applicant provided an assessment in accordance with the Due Diligence Code of Practice.  The consultant’s report indicates that there are no relevant confirmed site records or other associated landscape feature information on AHIMS.  The due diligence assessment concludes that site is mostly disturbed land and that is not constrained from an Aboriginal Cultural Heritage perspective.

Water

x

 

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

Soils

x

 

Conditions requiring the installation and maintenance of erosion and sedimentation controls have been included within the consent.  An Acid Sulfate Management Plan has been provided.

Flora and Fauna

x

 

For the reasons discussed earlier in this report and subject to the proposed conditions, it is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats.

Waste

x

 

The site can be serviced by the standard waste collection service.

Energy

x

 

The lot layout provides predominantly east-west orientated blocks which provides adequate solar access.

Noise and Vibration

x

 

Construction hours have been included in the proposed conditions.

Natural Hazards

x

 

The site is subject to a bushfire hazard, however the NSW RFS have issued a Section 100B Bushfire Safety Authority.  The RFS conditions along with other relevant conditions in relation to bushfire safety have been included in the consent.

Safety, Security and Crime Prevention

x

 

It is considered that the design of the proposed development is consistent with the safer by design principles contained within the DCP.

Social Impact in the Locality

x

 

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

x

 

The development will generate direct employment opportunities during the construction phase and will contribute to the availability of residential land, which will support the construction industry, increase rates base and ultimately add to the availability of housing stock to accommodate growth in the Shire. In this regard it is considered that the proposal will result in positive economic impacts on the locality.

Cumulative Impacts

x

 

The proposal comprises the intended development of the residential zoned land.  Subject to the proposed conditions, the proposed development is unlikely to give rise to unreasonable or unanticipated cumulative impacts.

 

(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

 

A total of six (6) submissions were received during the notification of the development application in accordance with the Nambucca Development Control Plan 2010.

 

The matters raised in submissions are described and responded to in the table below.

 

Summary of Matters Raised in Submissions

Reporting Officers Comment

Dwelling in E3 Zone

The consent will require a condition requiring the inclusion of a building envelope (in an 88B instrument) within an area of R1 Zoned land which forms part of the lot containing the buffer to the SEPP 14 wetland.

Private ownership of the buffer

The private ownership of the buffer is the best long term management option to reduce financial burden on public funds. The creation of the lot will be subject to a positive covenant requiring maintenance and management of the vegetation.

50m buffer

The proposed 40m buffer is considered to be appropriate since it represents only minor encroachments on the area registered as the 50m buffer under DA No.412-11-2002.  A condition of consent will require the increase of the restriction to cover a greater area of vegetation adjacent to the wetland area within the subject lots, which is not currently subject to the title restriction.

Public open space is needed

The consent will be conditioned to require the provision of a public casual open space area.

Noise increase from Tree Removal

The site is located over 1km from the alignment of the Pacific Highway.  The proposed development is unlikely to create any adverse impact associated with road traffic noise.

Road Widths

The proposed road widths meet Council requirements. The consent will be conditioned to ensure that the required widths are provided. Providing wider streets leads to higher long term maintenance costs and encourage higher vehicle speeds. It is not proposed to increase the width of the roads.

Limited access to one intersection

The road network is considered to be satisfactory.  The NSW RFS has issued a Bushfire Safety Authority for the development.

Footpaths required

The development proposes footpaths to the extension of Seaforth Drive.  The proposed conditions of consent include a requirement to include footpaths to the proposed Road No.1 as well.

Density of the development

The density of the development is considered to be low. 

Flood level and climate change

The site earthworks will result in the land being created at a level equivalent to the 1% flood level.

Provide private frontage to the bushland

The provision of a perimeter road and passive surveillance of the SEPP 14 buffer is considered a superior urban design outcome compared to private frontages.

Road in E3 zone breaches SEPP 71 Waiver

The SEPP 71 waiver relates to a master plan (which has been replaced with the requirement of a DCP).  The road and proposed recreation area is located within the E3 zone, however these are permissible uses, with consent. The residential lots are located clear of the E3 Zone.

Public Access is required to the wetland

It is not desirable to provide public access to the wetland area as this would defeat the conservation aims of providing the buffer and is likely to damage to the saltmarsh.

Acid sulfate management plan is required

An acid sulfate soil management plan was provided with the DA material.

Conflict with APZ and the SEPP 14 buffer

The consent will be conditioned to require the APZ to be located clear of the plotted 40m buffer line.

Bus Route

The bus route is located further to the east in Valla Beach Drive.  If bus services were extended, it will be along Ocean View Drive rather than entering the subdivision site.

APZs to be located on private land

The public roads and managed public open space may be utilised as APZs.

Scale of Development inconsistent with the character of the area

The proposed development is on land zoned for urban (residential) development. The development includes an appropriate buffer to the environmental land to the west and is considered to be suitable for the subject site.

All trees should be retained

It is not practical to retain all vegetation on the site due to the need to construct roads, urban services and the incompatibility (safety issues) of large eucalypt trees with residential uses. The retained vegetation including all EEC vegetation is considered to be appropriate.

Retain a wildlife corridor

The proposed 40m buffer, together with the saltmarsh area itself is considered to provide similar north south connectivity to that previously approved and constructed in the residential subdivision to the south.

 

(e)      The public interest

 

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

 

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

 

Development Contribution Plan

Applicable

N/A

Contribution Amount

Community Facilities and Open Spaces

x

 

Contribution per Lot (2017/18) = $1,747.00

65 new lots (1 Credit) $113,555.00

 

Surf Lifesaving Equipment

x

 

Contribution per Lot (2017/18) = $116.00

65 new lots (1 Credit) $7,540.00

Local Roads & Traffic Infrastructure

x

 

Contribution per Lot (2017/18) = $4,034.00

65 new lots (1 Credit) $262,210.00

 

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

 

Contribution 10% of other S94 contributions.  $38,330.50

 

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

 

Contribution per Lot (2017/18) = $12,974.00

65 new lots (1 Credit) $843,310.00

Sewerage

x

 

Contribution per Lot (2017/18) = $9,801.00

65 new lots (1 Credit) $637,065.00

 

CONSULTATION:

 

The development proposal has been notified and advertised.  The application has also been referred to the NSW RFS, NSW Office of Water, the NSW Office of Environment and Heritage (OEH), and Essential Energy. 

 

The general terms of approval from the RFS have been included as proposed conditions.  The NSW Office of Water did not respond, however comments provided in relation to the similar previous development application on the same site indicated that a 40m buffer to the wetland was required. 

 

The referral to OEH was not an integrated referral and was made to obtain advice.  Although OEH recommended maintaining the 50m buffer to the SEPP 14 wetland, on balance, Council Officers are satisfied that the proposed 40m buffer will be adequate, particularly considering the similar width of vegetative buffer to the same wetland by residential development to the south of the site. The proposed buffer outcome (in accordance with the proposed conditions) would also result in an increased width of the SEPP 14 buffer at the southern end of the site, where it would provide greater protection to actual salt marsh vegetation.

 

Internally, the proposal has been referred to Council’s Engineer. Comments have been considered and included in conditions of the consent.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Having regard to the matters discussed in this report and subject to the proposed conditions, 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 increase in the availability of residential land in the area, provide additional casual open space.

 

Economic

 

As discussed in the report the proposed development will create positive economic impacts during the construction phase as well as the indirect positive economic impacts associated with demand for services generated by the new population..

 

Risk

 

It is considered that there are no adverse risks associated with the proposed development.

 

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

22756/2017 - DA2017_020 - ATTACHMENT 1 - Application Plan

 

2

22757/2017 - DA2017_020 - ATTACHMENT 2 - Schedule of Conditions

 

  


Ordinary Council Meeting - 29 June 2017

Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach

 


 


 


 


 


Ordinary Council Meeting - 29 June 2017

Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach

 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                    29 June 2017

General Manager's Report

ITEM 9.4      SF2306            290617         Conversion of Coastal Zone Management Plan to a Coastal Management Plan to support estuary management actions

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

The purpose of this report is to advise Council of a grant offer of $25,000 under the Office of Environmental Heritage (OEH) Coastal & Estuary Grant Program to support Council to convert our current Coastal Zone Management Plan (CZMP) and our Estuary Management Plan (EMP) to a Coastal Management Program to support applications for funding for estuary management actions. The report requests Council match the funding as required by the grant agreement.

 

 

Recommendation:

 

1        That Council accept the funding offer of $25,000 from the Office of Environment and Heritage to support the conversion of our Coastal Zone Management Plan and Estuary Management Plan to a Coastal Management Plan to support estuary management actions.

 

2        That subject to the availability of funds, Council allocate an amount of $20,000 from the Environmental Levy Reserve to support the preparation of the Coastal Management Program. This, combined with $7,000 of in-kind input from Council, to a project valued at $52,000, represents Council’s 50:50 contribution to the $25,000 grant funded by Office of Environmental Heritage.

 

 

 

OPTIONS:

 

Council may choose not to accept the funding.

 

 

DISCUSSION:

 

The Department of Planning and Environment, together with the Office of Environment and Heritage, (OEH), are working to develop a new coastal management framework. As part of this new framework, the Coastal Management Reforms were introduced. The reforms will support implementation of the management objectives set out in the Coastal Management Act 2016.

 

Council reported to the Estuary Committee in November 2016 regarding the implications the reforms will have on the implementation of Council’s Estuary Program, which was noted, and they also resolved to support/endorse a grant application to assist to update Council’s Estuary Management Study and Plan to ensure it complies with new requirements of the OEH.

 

Council submitted an application on 16 May 2017 under the Coastal and Estuary Program for financial assistance 2016-17 Coastal and Estuary Planning. Council was advised of our success with the application on 1 June 2017, and the signed agreement is due back to OEH by 14 July 2017, and completion date is 30 June 2018.

 

This project will support Council to prepare a Coastal Management Program in accordance with the State Government’s requirements. The program will review and update Council’s existing plans and strategies and consolidate them into a comprehensive guide for Coastal Management across our Local Government Area.

 

The primary objective of this project is to gain certification of our entire coastal program and hence make relevant actions eligible for funding.

 


 

 

Matching Funding

 

Council is required to match the funding being offered by OEH, it is proposed to match this funding in the following manner:

 

1.   Council has noted in-kind commitment to the project of $7,000 in the application for funding, which included $2,000 for preliminaries which could not be covered by grant funding. The total project cost is $52,000.

 

2.   It is requested that Council allocate $20,000 from the Environmental Levy reserve in the 2017/2018 financial year to demonstrate a commitment to the funding offer.

 

 

CONSULTATION:

 

Coordinator Strategic Planning & Natural Resources

Manager Development & Environment

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Gaining certification of Council’s Estuary Management Program through the preparation of a Coastal Management Program will allow Council to access additional funds to implement actions. The concluding result will be substantial environmental benefits to the Nambucca LGA Coastal area across a range of environmental themes.

 

Social

 

Council’s current coastal plans and studies have been prepared taking into consideration environmental, social and economic factors related to various activities, and the new project to convert our current CZMP & EMP to a CMP will allow Council to move forward on actions already identified.

 

Economic

 

This project has been identified as a priority action by the Estuary Committee to address the Coastal Management Reforms and enable Council to implement actions from our coastal plans, and make applications for future funding.

 

Risk

 

There is no risk to Council, however should Council not accept the funding being offered by OEH, to address the new Coastal Management Reforms, Council cannot apply for funding with our current CZMP & EMP.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The direct impact on the current budget is an allocation of $20,000 from the Environmental Levy reserve in the 2017/2018 financial year to demonstrate a commitment to the funding offer and convert our current coastal management studies and plans to a Coastal Management Program to enable Council to apply for funding to implement identified actions.

 

Service level changes and resourcing/staff implications

 

The project will have the following implications:

 

-     Project administration will be undertaken by the Grants Officer and the Coordinator of Strategic Planning and Natural Resources;

-     Project Planning will be managed by the Coordinator of Strategic Planning and Natural Resources;

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    29 June 2017

General Manager's Report

ITEM 9.5      SF688              290617         Environmental Levy Quartely Report and other project

 

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

 

Summary:

 

The purpose of this report is to provide Council with an update on the status of the Environmental Levy at the end of the Financial year. This report also considers the status of other significant projects.

 

 

Recommendation:

 

1        That Council note the status of the projects documented in this report.

 

2        That Council note and endorse the anticipated revotes identified in this report.

 

 

OPTIONS:

 

Nil

 

DISCUSSION:

 

Many of the projects listed as requiring revotes below are due to the programs or projects continuing over multiple years.  Also, often external funding is sourced based on identified action in a plan or strategy when a suitable grant becomes available. If successful the project needs to be refined through a process of consultation, plan refinement and detail design, licensing and permits and like processes. The complex nature of these projects can lead to delays in implementation.

 

Staff have been progressing with Environmental Levy projects as follows:

 

Flood Risk Management Study and Plan – NIL revotes (subject finalisation of contracts)

 

Complete - The Nambucca and Deep Creek Flood Risk Management Study and Plan has been adopted by Council and will be acquitted prior to the end of the financial year or early in the new financial year.

 

Dawkins Park – $12,000 (estimated Revote)

 

Ongoing - Council has endorsed an Australian White Ibis Management Plan for Dawkins Lake and supported this plan with a commitment of funds to implement the actions in the plan. The management actions have now commenced, monitoring and the first clean up on the Islands was undertaken on the 14th June 2017. This involved the deconstruction of the Ibis nests and clean-up of debris on the island. The management activities will continue into 2017/18. The unspent funds are committed to this program, and will be combined with next years program.

 

The monitoring results are showing that there are a significant number of other bird species being recorded on the island at dusk. This information is presently being considered but management activities are restricted to the Ibis in accordance with the management plan.

 

Stormwater management plan for the lake has been prepared and works are presently being prioritised. Some of the key points noted in the investigations are that:

 

-     the Lake is too large for the catchment. Residency times for water in the lake is calculated 15-20 day turnover as an ideal. Whereas the actual residency time is 54 days at present. This essentially means the water is sitting in the lake too long.

-     The amount of sludge in the lake is estimated at 3.5ML;

-     Removal of the sludge would make the holding capacity of the lake larger and extend residency time to 72 days.

 

The consultant has suggested a number of options that will aid to improve water quality and Council engineering department is presently considering these options for prioritisation. Staff are also considering filling part of the lake to aid in meeting ideal turn over period based on the catchment size. This would also allow some re-grading of the banks to assist in planting emergent wetland sp. (for nutrient uptake).

 

Works are presently being considered to implement various parts of the plan in 2017/18, The implementation of works will target water quality improvements initially but also aim to commence some of the facility improvements.

 

Stormwater Drainage Reconstruction - $40,000  (estimated revote)

 

An allocation of $40,000 to support GPT installation and other stormwater management activities in Dawkins Park will be revoted to support the larger project in 2017/18.

 

Macksville Foreshore stabilisation – $11,000 (estimated Revote)

 

Complete - The Macksville Foreshore works are now complete. This budget was allocated to the River Bank erosion Program and $11,000 is to be revoted for appropriate riverbank protection projects elsewhere.  $8000 shall be returned to the levy reserve to compensate for an overspend on other bank stabilisation projects upstream. Refer to Fish Habitat Grant & OEH Bank Stabilisation Congarrinni.

 

Macksville Revitalisation Plan & Macksville Street Tree installation – $37,000 (estimated revote)

 

 Plan Complete - Council endorsed the revitalisation plan in principle and works are now being considered for the 2017/18 period.

 

Tree installation Ongoing - Given the plan has now been endorsed in principle by Council, staff will be giving consideration to and planning to implement street tree planting in the 2017/18 financial year. Priority areas and species for Street Tree plantings are presently being considered.

 

Gumma Swamp Healthy Wetland - $17,000 (estimated revote)

 

Complete (Monitoring to continue) - To address a significant Acid Sulfate Soil issues six (6) water control devices were installed in November, the structures will need to be revisited from time to time as they settle and some minor upkeep may be required during this period.

 

A monitoring program has been established and this will continue to monitor conductivity and water levels for 12 months prior to undertaking some event sampling to determine the effectiveness of the devices. Unspent funds are committed to the monitoring program and will be required for the 2017/18 period.

 

Description: S:\Grant from N Drive\Natural Resources\environmental levy - gumma swamp\Gumma Photos No 16\IMG_5429.JPG

 

Our Living Coast – NIL revotes

 

Complete - The OLC Sustainability Roadshow was held in the Coffs, Bellingen and Nambucca LGAs in November 2016. A range of workshops were held across the region, with particular workshops being run in all three LGAs.

 

Six workshops were held in the Nambucca LGA with over 70 people attending the workshops. Subjects covered included reducing your carbon footprint, decluttering in an environmentally friendly way, ethical shopping, making dream catchers out of natural materials, eco-friendly gardening and reducing food waste and cooking sustainably.

 

A program will be considered for 2017/18.

 

Ecohealth Monitoring – NIL revotes

 

Ongoing - The ecohealth monitoring program has commenced and three (3) water quality sampling runs have been undertaken by the University of New England with in kind assistance from OEH and two (2) fish sampling run by NSW Fisheries.

 

Council will receive both a draft and final report on the health of our waterways in the second half of 2017, together with an A4 Report Card, which will provide easy-to-read information for ratepayers and residents.

 

The project is jointly funded by OEH and Council and any unspent funds will require carry over to next year.

 

Nambucca Surfclub Protection – NIL revotes

 

Complete - The Nambucca Heads Surf Club coastal protect project is complete and was on budget.

 

Description: S:\Grant from N Drive\Strategic Plannning\Coast and Estuary Projects\surfclub\construction\IMG_5490.JPG

 

Nambucca Surf Club Protection Stage 2 - $343,000 (estimated revotes)

 

Ongoing – Council has received funds from OEH to support a $415,000 project to undertake stage 2 of the Coastal Protection works at Nambucca Main Beach. This project will provide two (2) new beach accesses, coastal protection works in front the seawall at main beach and other facility upgrades.

 

Staff have requested fee proposals from appropriately qualify Coastal Engineers to prepare designs for the project. The project has only recently commenced and funds are required to be revoted for implementation in the 2017/18 period.

 

Scotts Head Headland Precinct Protection $114,000 (estimated revotes)

 

Ongoing – A preferred option for the area has been identified and detailed designs for works are now drafted. The preferred works include an extension to the stormwater outlet in the corner of Foster Beach through and beyond the boat ramp.  The stormwater infrastructure will be located behind a reconstructed rock seawall. The outer seawall will be upgraded. A new recycled plastic board and chain access will be developed in the corner where the stormwater outlet was previously located. Works expected to be completed prior to summer 2017.

 

The project is jointly funded with OEH, NCHP, LLS and Council. Unspent funds will require revotes to implement works in the 2017/18 period.

 

Adin Street Reserve Landscape Plan -  NIL Revotes

 

Complete - Some stakeholder consultation (not public consultation) was undertaken with specific organisations and landholders in respect to the plan.

 

Bowraville Connections Master Planning - $25,000 (estimated revotes)

 

Ongoing - Councils Community Development section has progressed with initial planning and community consultation for Masterplanning in Bowraville. A plan was drafted and exhibited for the Hennessey Tape Precinct. An extension of the work will occur over the broader Bowraville area at a later date.

 

The Environmental Levy funds have been committed to projects associated with a number of grant applications targeted at Bowraville. Council has been advised of funding; $150,000 under Bowraville Solution Brokerage from the Department of Planning and Environment, and Council is yet hear the results of a number of other grant applications. Funds will be revoted and committed to implementation in the 2017/18 period.

 

Nambucca Heads Bowra Street Tree Health and Garden Beds – NIL revotes

 

Complete - Works have been undertaken to improve the health of the Tuckeroos recently planted in the Bowra Street. This included removing ‘Wort’ from many of the garden beds. The garden beds have been improved with native, resilient grasses and ground covers.

 

Minor bird Eradication – NIL revotes

 

Ongoing - The Indian Minor bird program is continuing, a number of new traps were constructed this year to support the program.

 

Valla Reserve Endangered Ecological Communities – NIL revotes

 

Complete - This project funded by OEH, LLS and Council has progressed well, both the headland area at Valla Beach and the Deep Creek riparian area were planted out with locally occurring native species.

 

Some vandalism at Deep Creek will be addressed with replanting as the weather cools. The project has been acquitted.

 

Glycine clandestina Scotts Head – Environmental Trust Restoration Project - $6890 (estimated revotes)

 

Ongoing - This three (3) year project is progressing well, primary weed management is largely complete and will continue. Staff are required to organise another community event/ workshop early into the new financial year.

 

Some interpretative signed regarding the local Endangered Ecological Community and Endangered Population of Glycine clandestine will need to be developed early in the new financial year.

 

This project is fully funded by the Environmental Trust and LLS. All funds are required to be revoted.

 

Fish Habitat Grant & OEH Bank Stabilisation Congarrinni – NIL revotes

 

Complete - These projects funded by OEH (Estuary Grant) and NSW Fisheries (Habitat Action Grant) combined have stabilised approximately 1.4km of the Nambucca River. The land has been fenced and the riparian revegetation has been undertaken. The project works have been managed by Nambucca Valley Landcare with specialist input from OEH. TAFE Macksville’s Conservation and Land Management course students assisted landcare with the Riparian Revegetation as part of their Course structure.

 

Part of the bank was in an extreme state of erosion and Council, OEH and landcare received specialist advice from the Department of Soil Conservation, prior to proceeding with works.

 

The resulting works are a model for contemporary bank stabilisation techniques and Nambucca Valley Landcare should be congratulated on the management of works.

 

The work locations being near to each other allowed for shared resources, and other proficiencies, but between the two projects the works were approximately $8000 over budget at completion.

 

Heritage – NIL revotes

Complete – 2 projects were funded this year under the program they included, verandah post replacement at Nambucca Hotel in Macksville and the Historic Coach House in Bowraville was painted. Unfortunately a third project which was offered funding in Macksville did not accept the offer.

 

 

 

State of the Environment Reporting – NIL revotes

 

Complete - The state of the Environment Report was complete towards the end of last year in accordance with Council reporting requirements under the Local Government Act. The Report is available on Councils Website.

 

 

Climate Change Adaptation - $21,000 (estimated revotes)

 

Ongoing - Council has joined the Sustainability Advantage program and has undertaken an audit of how sustainable our operations are.

 

A clean energy committee has been formed to assist in the strategic use of this budget. Unused funds from 2016/17 will be revoted to support the program into the next financial year. It is anticipated that the state government is to release funds to support sustainability initiatives. This budget could be used to support such initiatives.

 

Gordon Park Flying Fox Management Plan - $5000 (estimated revote)

 

Ongoing – A draft Flying-fox Management Plan has been prepared and endorsed by Council for exhibition. The project targeting completion in early 2017/18.

 

Unspent funds are committed to the finalisation of the Flying-fox Management Plan

 

Other Projects

 

Boating Now Projects -

 

Stuart Island and Macksville are now complete.

 

Ongoing - The Boating Now projects including, Shelly Beach amenities and ramp, Gordon Park, Deep Creek and the Nambucca RSL ramp are due for completion at the end of 2017.

 

Works at Deep Creek and Nambucca RSL ramps are yet to commence but it is anticipated they will be completed in the first half on 2017/18. It is also expected that the Boat Ramp at Shelly Beach will be re-surfaced prior to the end of the end of 2017, but unspent funds will require a revote to achieve this

 

The Gordon Park improvement is the largest of the projects and is running behind schedule, largely due to the requirement to investigate the provision of underground power to the new amenities. This project has been previously reported to Council with an expectation of revotes into the 2017/18 financial year.

 

All the groundwork for underground power at Gordon Park is now complete, works that remain include the connection of the services and the removal of redundant services. This will require a power outage through appropriate electrical suppliers and should occur within the next 4 -6 weeks.

 

Staff are aiming to have the Boating Now requirements complete by the end of the 2017 to meet our contractual agreements with Transport for NSW. These priority activities include:

 

-     Amenities;

-     New parking area; and

-     Foreshore Jetty

 

Council staff have advised RMS and Transport for NSW that the foreshore jetty may encounter delays with approval requirements through the state government agencies particularly Crown Lands. This may require a future variation to our contract.

 

Stormwater Drainage Reconstruction - $40,000  (estimated revote)

 

An allocation of $40,000 to support GPT installation and other stormwater management activities in Dawkins Park will be revoted to support the larger project at Dawkins Park in 2017/18

 

 

CONSULTATION:

 

Community Development

Technical Officer – Development and Environment

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The projects and programs funded under the Environmental Levy contribute positively to environmental and social issues.

 

Social

 

The projects and programs funded under the Environmental Levy contribute positively to environmental and social issues.

 

Economic

 

The projects and programs funded under the Environmental Levy are often leveraged through external funding opportunities.

 

Although many of the Environmental Projects have primary environmentally based objectives these often contribute positively to economic outcomes, through amenity, facility improvements and positive contribution to tourism in the area.

 

Risk

 

NIL

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The body of this report details the budget status and recommendations.

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                                                                                                    29 June 2017

General Manager's Report

ITEM 9.6      PRF79              290617         Proposed Section 355 Committee of Management for Public Land in Adin Street Scotts Head

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

At its meeting on 16 March 2017, Council resolved as follows:

 

That Council call for expressions of interest for membership of a Section 355 Committee of Management for the Adin Street Reserve, the Village Green and other public land in that vicinity.

 

This has now been completed and eleven (11) people have responded requesting that they be considered for the Committee.

 

 

Recommendation:

 

1        That Council endorse the formation of a Committee of Management under Section 355 of the Local Government Act, known as the Adin Street Reserve Committee of Management, with the purpose of care, control and management of land known as the Village Green and Adin Street Reserve Scotts Head, to create a vibrant social space for residents and visitors.

 

2        That draft delegation be endorsed. 

 

3        That Council endorse the following membership of the Adin Street Reserve Committee of Management being: Mr Jasper Young, Ms Moira Ryan, Mr Chris Mattick, Ms Kelly Pacey, Mr Bernie Ashcroft, Ms Lorien Brien, Mr James Ledger, Ms Judy Browne, Ms Janet Court, Mr Russell Simmons, Mr Paul Foley, Mr Tim Rice and Ms Annette Balfour.

 

4        That the Committee be provided with a copy of the document Section 355 Committees - Guidelines to Operations and Delegations of Authority, and be requested to advise Council of its office bearers when elected.

 

 

 

OPTIONS:

 

Council has a range of options including putting forward amended or different recommendations.

 

DISCUSSION:

 

Scotts Head Committees of Management

 

There are currently three Section 355 Committees of Management in Scotts Head:  Buz Brazel Park, the Tennis Courts and Scotts Head Events Committee. The Resolution of 16 March 2017 effectively created a fourth Committee.  

 

In the report (regarding markets on the Village Green) which led to this decision, Council’s General Manager put forward the option of amalgamating, subject to consultation, the three Section 355 Committees into a single Committee.  Key points were:

 

1.   Although NSW Crown Holiday Parks Trust is responsible for maintaining the Adin Street Reserve, Council remains responsible for any capital improvements and given community interest in using the reserve, it would seem likely that Council will be requested to provide new facilities or otherwise improve the land.  One single Committee with pooled fund raising results in greater capacity to fund these improvements.

 

2.   Having one Committee removes the existing duplication of administration; provides a broader brief and capacity to larger Section 355 Committee, and potentially establishes a representative body which can work with Council to benefit the Scotts Head community generally; similar to the Valla Beach Community Association.

 

As the suggestion of a single Committee was not supported, Council has effectively will now created a fourth Committee, with the activities of two (Tennis Courts and Events) sitting alongside or around the proposed Village Green/Adin Street Reserve Committee.  This may not pose any problems but is perhaps a lost opportunity for stronger more overarching community representation and fundraising. As the Adin Street Reserve Master Plan is due for review, perhaps this could be a matter for consideration.

 

As it stands, the proposed new Committee will therefore be charged with the care, control and management of the remaining public land (excluding the Tennis Courts) known as the Adin Street Reserve and the Village Green; noting that the NSW Crown Holiday Parks Trust is responsible for maintaining the Village Green – limited to mowing, edging and litter collection (excluding events).  It is expected that the Committee would be able to focus on fostering this area as a vibrant social space for community activities given that at least some of the maintenance is being done by others.  Further, it appears logical that the Committee be given responsibility for reviewing of the Adin Street Reserve Plan of Management given it will have responsibility for the area.

 

Role of the Committee (ie the Delegation)

 

It is proposed that the delegation be in keeping with other similar Committees, with the addition of reference to the Plan of Management, and will be as follows:

 

1. Maintain, manage and improve the Adin Street Reserve (which includes the area known as the Village Green) Scotts Head;

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

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

4. Seek grants for the maintenance and upgrading of the Reserve, subject to the General Manager‘s endorsement of the grant application;

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

6. Make recommendations to the Council for any enhancement or upgrade of the Reserve as the Committee considers appropriate;

7. Make such other recommendations to the Council in respect of the Reserve as the Committee thinks appropriate from time to time;

8. Project manage capital works where a specific written authority for the particular works has been provided by Council.

9. Implement and review the Adin Street Reserve Plan of Management.

 

Other requirements of the Committee are outlined in the document Section 355 Committees - Guidelines to Operations and Delegations of Authority.

 

Proposed Membership

 

Following a period of print advertising and direct communication with the community and its organistions, the following people have responded requesting that they be considered for the Committee:

 

Mr Jasper Young

Ms Moira Ryan

Mr Chris Mattick

Mr Bernie Ashcroft

Ms Kelly Pacey

Ms Lorien Brien

Mr James Ledger

Ms Annette Balfour

Ms Janet Court

Mr Russell Simmons

Mr Paul Foley

Ms Judy Browne

Mr Tim Rice

 

 

All nominations are from people who are either residents of Scotts Head (or nearby) and have an interest in the community.  It is proposed to accept all nominations.

 

Other Considerations

 

The new Committee should be aware of a Development Approval (DA2016/236) which is for temporary use of the Village Green for markets and that the formation of this Committee does not negate the Approval.  The new Committee should also makes itself aware of the land zoning and therefore any restrictions or approval requirements for activities.

 

CONSULTATION:

 

General Manager

Senior Health and Building Surveyor

 

Comment from General Manager

 

My vision for the Town Green and the now connected public open space between the Bowling Club and the Surf Club is that it becomes a vibrant social space for regular community activities and events.  I don’t know whether or not this is a shared vision in the Scotts Head community.  The regular (monthly) use of the Town Green for community based markets is a logical objective to achieve this outcome.  The creation of a successful active social space will, by definition, attract visitors and cars and potentially result in some change to the quiet amenity which some residents may not support.  This has been evident in the objections received to the annual Scotts Head Food and Wine Festival.

 

Without in any way criticising the intent and good faith of those nominated for the Committee, volunteer members of the Committee of Management may find it difficult implement some initiatives which whilst supported by the general community may be resisted by a smaller and more vocal faction whose primary interest is maintaining an existing amenity or character.  This was the case with the Scotts Head Master Plan which certainly would not have progressed to an investment of $5m in improvements to the caravan park and day reserve area if it had not been actively managed.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report relates to the formation of a Committee of Management and therefore has no direct implications for the environment.

 

Social

 

A key aim for the proposed Committee should be the development of the Reserve as an inclusive and vibrant social space for residents and visitors.  The types of activities being developed and promoted, collaboration with others in the community, reasonable fees and efficient Committee operations will assist with this goal.

 

Economic

 

The proposed Committee should develop activities which drive economic development within Scotts Head eg markets, fund raising activities. 

 

Risk

 

The Committee will be required to minimise risk exposure to Council – even more so since it will be part of Council.  Planning for activities is to involve Risk Assessment as part of regular Committee operations.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

This report in itself is not recommending any actions which will impact on the budget; however requests may come from the Committee in the future which require consideration in the budget context.

 

Source of fund and any variance to working funds

 

Nothing required.

 

Service level changes and resourcing/staff implications

 

The creation of an additional Committee creates additional work, for example in administration – annual reporting, submission of monthly financial statements etc.  It may also add to the demands on Council staff time which come from Committee requests.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    29 June 2017

General Manager's Report

ITEM 9.7      SF2293            290617         Development Applications greater than 12 months or where submissions received -  to 20 June 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: Going to Council meeting 29 June 2017.

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 – RFS comments received.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2015/103/01

2 May 2017

Recreation Facility (Outdoor) – Shooting Range (modification)

Lot 262 DP 755549, 132 Morans Road, Missabotti

Thirty-four submissions to the modification have been received. Thirty-three oppose the modification and one supports it.

Oppose:

·   Application form not correctly filled in and misleading information provided re contamination, pollution, waste disposal, environmental impacts, traffic impacts, compatibility and cost of works

·   Will negatively impact on the environment – pollution, water, noise, wildlife

·   Statement of Environmental Effects not correctly completed

·   Other users of Morans Road may make a claim against Council even if the property owner and club members don’t

·   Chemical toilet solution not appropriate – shower and hand wash bay also required still

·   Chemical toilets will be insufficient to deal with the number of people permitted to be on site on a daily basis as per the development consent

·   A Recreational Facility must not be permitted to operate outside Council’s on-site sewage management system plan

·   The facilities the club propose to use to dispose of the waste from the toilets has been designed for travellers and tourists – will these facilities cope with this demand?

·   No information is provided about how the waste will be transported

·   Will Council monitor what happens to the waste?

·   Sheeting condition should be enforced – the sketch provided with the application has no engineering or scientific details

·   Condition 13 was already inadequate and should not be further watered down

·   Residents shouldn’t be required to pay for noise assessments

·   No guarantee that guns requested will meet the noise requirements

·   Council staff should be able to access the range unannounced, particularly if it is being safely operated, as claimed by the applicant

·   Hydrological report is essential.

·   A proper environmental and noise study should be undertaken

·   None of the current conditions should be weakened or modified – they are already the minimum that should be required

·   Applicant wants to save money at the expense of the environment and nearby residents

·   If conditions are modified and noise can be heard from residences, residents will seek financial compensation from Council

·   Increased traffic will increase danger for people who walk and ride bikes on Moran’s Road.

·   Proposed toilet facilities will be inadequate if a flash flood occurs

·   Applicant should advise Council of expected maximum number of cars, not minimum

·   Access to the evacuation points and proposed toilet are not suitable for people with a disability

·   Council should ensure the Recreational Facility complies with its Disability Action Inclusion Plan

·   Council’s Access Committee should provide comment on the proposal

·   Development is not compatible with the surrounding environment – will impact on bees, residents’ health and flora and fauna

·   No details about how general rubbish will be disposed of

·   Club has not cleaned up their previous site and are waiting on grants to enable them to do so – therefore the covering of the range surface should be enforced to prevent more build-up of toxic waste

·   Noise test should be carried out by an authorised specialist at the Club’s expense and serial testing should be undertaken by qualified independent people as well at the pistol club’s expense. Testing should also be undertaken during different weather conditions

·   Information about proposed guns is vague

·   Evacuation plan should be prepared by professionals eg NSW RFS – does not comply with NSW Codes of practice or legislation/regulations

·   No suitable water source is available to fight fires

·   Club doesn’t seem financially capable of meeting required commitments – Council should impose a bond on them in relation to the development

·   Will make ecotourism ventures impossible

·   Organic agriculture on nearby properties will be threatened should any runoff occur

·   Previous noise test undertaken was not sufficient to measure possible noise as only 9 guns were used and 25 bays are proposed

·   Council needs to consider their legal liability to property owners should contamination from the shooting range occur

·   No mobile reception at the site – disastrous if someone is hurt

·   Pistol Club seem to always want to address problems after they occur

·   Development application has proceeded with a lack of demonstrated concern for the wellbeing of the community, protection of the environment and protection of the water supply

·   More rigorous conditions are needed, not more lenient ones

·   Application lacks professional guidance

·   Suitable setbacks have not been provided and still aren’t catered for

·   Any structures belonging to a third party that require relocation during the survey of Morans Road should be relocated at the applicants’ expense

·   Hours of operation in this application do not match up with those approved. Are they requesting a change in these hours?

·   The application is unclear as to how the wish Condition 41 – Limitation of Guns – to be modified. As per the current condition, if they wish to use other firearms, then another noise test should be arranged and paid for by them and be submitted to Council

·   Council employees don’t have the expertise to conduct noise tests – they should be undertaken by an independent qualified person.

·   The proposed stormwater management plan is completely insufficient to deal with the huge amount of flood/storm water that flows out of the gully of the proposed shooting range and into Sullivans Creek. A one metre deep trench will have no impact

·   Council has already made concessions to the pistol club – eg operating at Gumma for almost three years after they were told to cease plus a two year extension of time to allow for the clean-up of that site.

·   Council needs to listen to and not ignore all the community opposition to the development and represent the community fairly.

·   There are more suitable venues elsewhere.

·   Potentially dangerous for horse-riders in the area

 

Support:

·   Pistol Club has a very credible record of activity at Gumma

·   Pistol shooting is a long-standing Olympic sport

·   Pistol Club is well structured and has a deeply embedded culture of safety and a well-informed approach to WHS

·   Area is only covered with lantana

·   Noise will be less than that generated by logging operations

·   Pistol Club conforms to best practice with regard to lead

·   Vehicles will create less damage than logging trucks

STATUS: Going to Council meeting 29 June 2017.


 

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/092

29 April 2017

19 Lot Residential Subdivision

Various Lots, 24 Bellevue Drive (old Midco site), North Macksville

Four submissions have been received. They each oppose parts of the development.

·      Lot 9 should not have access to McLennans Lane, as it will be able to access the new road

·      Residents should be notified before demolition works commence

·      Wants absolute proof that stormwater from the development will not impact property

·      Asbestos removal must be done to appropriate safety standards

·      Wants developer to erect a 2 metre colourbond fence on the west and retaining walls to the north of property

·      Power supplied should be underground

STATUS: Being assessed.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

1998/020/01

29 May 2017

Residential Subdivision

Lot 135 DP 1039015, Forest Road, Nambucca Heads

One submission has been received. It opposes the proposal

·      Will encroach on privacy of another lot

·      Concerns about adequate infrastructure

·      Rainforest area will be removed

·      Impacts on local native flora and fauna

·      Looks overcrowded

STATUS: Being assessed. Notification closes 30 June 2017. Awaiting response from RFS

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/112

22 May 2017

Dwelling-House

Lot 101 DP 1106181, 9A Waratah Court, Nambucca Heads

One person has lodged two submissions – they oppose the development

·      Concerns that connecting the sewer will require rebuilding of a driveway and retaining wall which adjoining owner will not consent to

·      Loss of privacy

STATUS: Being assessed – additional information required from applicant – bushfire report/fees.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/127

5 June 2017

Subdivision

Lot 322 DP 1021922, 657 Upper Warrell Creek Road, Congarinni

Two submissions have been received – they oppose the application and/or have questions about it.

·      Access to at least one lot could be unsafe and cause accidents.

·      Road sealing on Congarinni Road South should be a requirement

STATUS: Being assessed. Adjoining owner notification closes 30 June 2017

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/104

10 May 2017

Retaining Wall – Continuing Use

Lot 412 DP 611276, 6 Ocean Street, Scotts Head

Two objections have been received  - both oppose the proposal

·      Builders have erected posts indicating a fence 2.9 metres high is to be constructed. Not shown on plans.

·      Builder has a history of non-compliance – pagoda higher than permitted, deck closer to boundary than permitted

·      Overshadowing, loss of privacy, loss of natural light.

STATUS: Being assessed.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    29 June 2017

General Manager's Report

ITEM 9.8      SF1148            290617         Council Ranger's Report May 2017

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

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

 

 

Recommendation:

 

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

 

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

3

Abandoned or Stray

1

15

Surrendered

0

6

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

1

24

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

6

Sold

0

5

Released to Organisations for Rehoming

0

1

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

1

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

1

Owner’s Request

0

4

Due to Illness, Disease or Injury

0

0

Feral/infant animal

1

0

Unsuitable for rehoming

0

0

Unable to be rehomed

0

0

Total Euthanased

1

5

Total Outgoing Animals

1

17

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

0

7

 

Cattle

Breakdown

Total

Seized

0

0

Returned to Owner

0

0

Impounded

               5

5

Total Seized

0

0

 

 

 

 

May 2017

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

 

May 2017

COMPANION ANIMALS & OTHER

CHIP NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    29 June 2017

General Manager's Report

ITEM 9.9      SF2306            290617         Stream 3 Funding Offer Flying-foxes Grant Program for Implementation of some actions in DRAFT Management Plan

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

The purpose of this report is to advise Council of a grant offer of $15,400 under the Local Government NSW Flying-foxes Grant Program – Stream 3 to support implementation of some actions identified in the DRAFT Management Plan for the Flying-fox camp at Gordon Park, Nambucca Heads. The report requests Council support the acceptance of the grant funding offer and the $3,800 in cash from Council, as required by the grant agreement.

 

 

Recommendation:

 

1        That Council accept the funding offer of $15,400 from the Local Government NSW to support the implementation of some actions identified in the DRAFT Management Plan for the Flying-fox camp at Gordon Park, Nambucca Heads.

 

2        That subject to the availability of funds, Council allocate an amount of $3,800 from the Environmental Levy Reserve to support the implementation of the actions. This, combined with $15,400 of in-kind input from Council, to a project valued at $34,600, represents Council’s 50:50 contribution to the $15,400 grant funded by LGNSW.

 

 

 

OPTIONS:

 

Council may choose not to accept the funding.

 

 

DISCUSSION:

 

Local Government NSW opened applications for management of Flying-fox camps under 3 streams of funding. Council was successful in obtaining grant funding of $15,000 under Stream 2 to develop a Management Plan for the Flying-fox camp at Gordon Park, Nambucca Heads on 10 October 2016.

 

Council has engaged EcoSURE to develop a DRAFT Management Plan for the Flying-fox camp which was recently endorsed for exhibition by Council.

 

Council submitted an application to Stream 3 of this Program on 25 May 2017 and requested funding to implement some actions identified in this DRAFT plan. Council’s application was for $15,400 in grant funding, whilst Council was to contribute $3,800 in cash, and $15,400 in-kind works to the project.

 

Council was advised of our success with the application, by telephone, on 19 June 2017, and the paperwork will be sent to us very soon as the completion date for this project is to be 30 August 2017, with Final Report and Acquittal due by 30 September 2017.

 

If accepted the works will involve, removal of dead trees and debris blocking the walking trail and minor improvements to ensure it is safe for public use, preparation and implementation of a regeneration program to allow for recruitment of rainforest trees to replace the senescent canopy, design and construction of a number of signs which provide interpretive information in respect to the rainforest and flying-foxes, and some education information in respect to the flying-foxes.


 

Note:

 

At the time of writing the application, staff were not in a position to anticipate what actions may or may not have been endorsed by Council for exhibition. This being the case staff selected actions from the draft plan which hold intrinsic value to the management of the reserve as a whole.

 

 

Matching Funding

 

Council is required to match the funding being offered by LGNSW, it is proposed to match this funding in the following manner:

 

1.   Council has noted in-kind commitment to the project of $15,400 in the application for funding, and a cash contribution of $3,800. The total project cost is $34,600.

 

2.   It is requested that Council allocate $3,800 from the Environmental Levy reserve in the 2017/2018 financial year to demonstrate a commitment to the funding offer.

 

 

CONSULTATION:

 

Coordinator Strategic Planning & Natural Resources

Manager Development & Environment

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

By accepting the grant funding under Stream 3 of this funding program, Council will be able to implement some of the actions in the DRAFT Management Plan for the Flying-fox colony at Gordon Park, Nambucca Heads.

 

Social

 

If Council implement some of the actions in the DRAFT Management Plan some of the social impact matters will be addressed, as noted.

 

Economic

 

This project has been identified in the DRAFT Management Plan and it will enable Council to implement some of the identified actions, and will have a far lesser economic impact than if we had not secured the grant funding. This Stream 3 of the Program will not be offered again, at this stage.

 

Risk

 

There is no risk to Council, however should Council not accept the funding being offered by LGNSW, to implement some of the actions in the DRAFT Management Plan, it may be some time before we can carry out any works.

 


 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The direct impact on the current budget is an allocation of $3,800 from the Environmental Levy reserve in the 2017/2018 financial year to demonstrate a commitment to the funding offer and implement some of the identified actions in the DRAFT Management Plan for the Flying-fox colony at Gordon Park, Nambucca Heads.

 

 

Service level changes and resourcing/staff implications

 

The project will have the following implications:

 

-     Project administration will be undertaken by the Grants Officer and the Coordinator of Strategic Planning and Natural Resources;

-     Project Planning will be managed by the Coordinator of Strategic Planning and Natural Resources;

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    29 June 2017

General Manager's Report

ITEM 9.10    DA2015/103      290617         Modification of Development Consent DA2015/103

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

On 29 October 2015 Council granted development consent to an outdoor target shooting range in a cleared gully located at 132 Morans Road, Missabotti. A copy of the development consent has been included within attachment 1 and approved plans within attachment 2.

 

The applicant has lodged an application to modify a number of conditions contained within the development consent under section 96 of the Environmental Planning and Assessment Act 1979. Documents accompanying the modification application have been included within attachment 3.

 

The application was notified in accordance with the Nambucca Development Control Plan 2010 with 38 submissions received, which have been included within attachment 5.

 

After assessment of the application it is not considered that all of the requested modifications to the consent should be supported due to resulting impacts on the natural, social and economic environments. The recommended conditions to be modified are addressed within this report and have been included within the recommended schedule of conditions contained within attachment 4.

 

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

 

Recommendation:

 

That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2015/103 in accordance with the conditions contained within attachment 4.

 

OPTIONS:

 

·      Refuse the modification application.

 

·      Modify the development consent. Note, only conditions related to the matters requested to be modified by the applicant can be modified.

 

·      Seek legal opinion prior to accepting letter of indemnity.

 

DISCUSSION:

 

Site Description

The development site is located at 132 Morans Road, Missabotti and is legally known as Lot 262 DP 755549. The site has an area of approximately 39ha and is part of a large rural holding (approximately 636ha) which is accessed off the end of Morans Road. This site contains heavily vegetated undulating slopes with cleared areas within the gully floor which is currently used as grazing land in association with the remainder of the cleared areas within the holding. There are no existing buildings on the site.

 

The surrounding area is comprised of a mixture of thick forested vegetation on steep undulating slopes, grazing land and scattered dwelling houses. The closest dwelling to the development site is approximately 960m to the south.

 

Locality Plan

 

Background of Proposal and Description of Modification Sought

On 29 October 2015 Council granted development consent to an outdoor target shooting range in a cleared gully located within the development site. A copy of the development consent has been included within attachment 1 and approved plans within attachment 2. Please note the deferred commencement condition has been satisfied.

 

The applicant has lodged an application to modify a number of conditions contained within the development consent under section 96 of the Environmental Planning and Assessment Act 1979. Documents accompanying the modification application have been included within attachment 3.

 

The proposed modifications to the conditions of consent specified by the applicant are addressed as follows:

 

Condition 3: The location of the proposed shooting range is within a gully which has a steep yet heavily vegetated 8ha catchment. All flows from the gully drain to an intersecting gully with a catchment area of over 60ha. Given the width and topography of the gully floor on which the range is to be located, there is no defined flow path for existing surface water flows. The applicant’s proposal is to excavate a three metre wide drain up to one metre deep around the perimeter of the range to redirect surface water flows.

While the applicant’s concept is considered to be feasible, condition 3 requires detailed plans of the proposed drains to be prepared by a Hydrological Engineer which demonstrates that external surface water flows will not enter the range area during a 1:100 ARI flood event. This is considered appropriate as it will not only ensure the structures located within the range and anyone on site will not be impacted during such a flood event; but it will also mitigate the potential for contaminants being washed off site. Without a suitably qualified person undertaking an assessment on the potential velocities of flood waters the site is exposed to, there is potential for the proposed drains not to be able to withstand surface water flows or the range to be constructed at a level which will be impacted by flood water during a 1:100 event.

However, during the assessment of the development application it was intended that the stormwater management plans required by condition 3 be prepared by a Hydrological Engineer or other suitably qualified person. The reason for wording the condition this way is that it provides the applicant with some direction with regards to who they can engage to prepare the plans, but also provides them with flexibility if they find someone else who is suitably qualified to the satisfaction of Council. When the consent was drafted the provision for ‘other suitably qualified person’ was not included which was an error as there are other professional engineers who would have sufficient experience and qualifications to prepare the required plans.

Having regard to the above it is not considered that the applicants request for condition 3 to be deleted should be supported. However, it is recommended that condition 3 be modified by enabling the plans to be prepared by a Hydrological Engineer or other suitably qualified person. This is reflected within the recommended schedule of conditions contained within attachment 4.

 

Condition 4: This condition requires the applicant to obtain an approval under section 68 of the Local Government Act 1993 for the installation of an onsite system of sewerage management (OSSM). Condition 28 requires the OSSM to be installed prior to the issue of an occupation certificate.

 

The applicant has requested that the requirement for an OSSM to be installed be modified to permit them to use 2 or 3 chemical toilets. The proposed chemical toilets contain 17 litre removable cassettes which are proposed to be emptied on a weekly basis at a Council disposal point at Nambucca or Macksville instead of being disposed onsite. The applicant’s justification for this is that there will be on average 12-15 people using the range for a period of 3-4 hours. However, conditions 46 and 48 of the consent permit the range to be used by up to 20 people for a maximum of 7 hours. Those conditions reflected the applicant’s original statements regarding the expected number of people and duration of use of the range.

 

Regardless of the numbers of people using the site, it is a standard requirement for any development which generates sewage (ie. bathrooms within sheds, community facilities, dwellings, etc) that cannot connect to Councils sewer to install an OSSM as required by condition 3. The permanent use of removable cassettes from portable wastewater management systems can not only create problems with proper disposal of wastewater but also set a precedent for increased drain on Council resources. The permanent use of the proposed chemical toilets is considered to be unnecessary given that the site is suitable for an on-site sewerage management system so long as it is designed by a suitably qualified person in accordance with AS 1547:2012 - on site domestic wastewater management.

 

Given the location of the development site, the difficulty in ensuring effluent is disposed of in the correct manner and that the site is capable of supporting a permanent on-site sewerage management system; the proposal to use portable chemical toilets to service the development is not considered appropriate.

 

Representations made by the applicant during assessment of the modification application indicated that the use of chemical toilets is only a temporary measure while sufficient funds are sourced to install a permanent OSSM. Initial thoughts to this were that enabling the use of chemical toilets for a maximum of 1 year may be reasonable. However, after further consideration it is not considered that the temporary use of chemical toilets is appropriate because it is a statutory requirement that the building be constructed in accordance with the Building Code of Australia (BCA). The BCA requires the bathroom(s) to be provided with hand basins, urinal, and a shower. The proposed chemical toilets cannot accommodate these facilities. Furthermore, the internal configuration of the building will be required to be reconfigured as part of the construction certificate process to accommodate these facilities and disabled access requirements. As such, it is not considered appropriate that this condition be modified.

 

Conditions 7-11: These conditions require the surveying of Morans Road to ascertain which sections are not located within the gazetted road reserve, upgrade works on Morans Road, a traffic management plan for works on Morans Road, design details of the internal driveway, and a right of carriageway to be created over private lots between Morans Road and the development site.

 

The intent of the applicant’s indemnity letter is to indemnify Council of any future claims by the applicant or land owner in relation to potential loss of legal access associated with the development. Such an approach was agreed on by Council, the applicant and land owner prior to the modification application being lodged. It was never intended to waive the requirements contained within conditions 8-10 which relate to Morans Road upgrading requirements, traffic management plan, and internal driveway construction.

 

The applicant’s indemnity letter only addresses the alignment of Morans Road. Subject to it being modified to include reference to the right of carriageway required by condition 11, this would be acceptable. Conditions 7 and 11 within attachment 4 have been modified to reflect this.

 

Condition 8 requires works to be undertaken on Morans Road. Having regard to the above mentioned indemnity agreement; it is recommended that the condition be modified to reflect this in relation to the relocation of road alignment/acquisition requirement. This is reflected within the recommended schedule of conditions contained within attachment 4. Please note that the applicant claims that Morans Road has been winded since the determination date to the extent that it meets the requirements of condition 8. If this is the case, this can easily be annotated on the required plan and the verification will be undertaken prior to issue of an occupation certificate.

 

However, it is not recommended that conditions 9 and 10 be modified as a traffic management plan is appropriate for the works within Morans Road required by condition 8 and the internal driveway is required to be constructed to the specified standards for compliance with Planning for Bushfire Protection 2006. 

 

Condition 13: Lead contamination occurs at target shooting ranges as a result of spent lead bullets corroding once coming into contact with soil. Lead is soluble in the soil environment (predominantly those with pH levels outside 6.5-8.5). When the corroding lead is dissolved into the soil it can become mobile through surface and subsurface water flows. Soil lead concentrations greater than 10,000mg/kg of soil are commonly reported at shooting ranges around the world. Such concentrations greatly exceed the Australian and New Zealand Environment and Conservation Council (ANZECC) guideline limit of 300mg/kg before further investigation is required.

 

The development consent requires the installation of weather proof bullet entrapment devices behind the targets, adjustable eye brow baffles which restrict the shooter from shooting above the bullet entrapment devices, ground level timber baffles which restrict the shooters view of the ground, and side baffles to restrict the shooters ability to shoot beside the bullet entrapment devices.

 

In addition to the above measures, condition 13 requires the applicant to install a synthetic covering over the surface of the range. This is because the above measures do not eliminate the potential for stray bullets to come into contact with the range surface. Due to the shooting range being for target shooting and having regard to the mitigation measures proposed by the applicant, the potential for lead contamination is most probably low in the short term. However, given the potential for bullets to accumulate overtime and that the applicant refused to undertake geotechnical testing as part of the previous development application (withdrawn) and as part of the subject development application to ascertain the likelihood of lead corroding and migrating though the soil profile; the requirement for a synthetic cover was considered to be the only feasible method of the development proceeding having regard to the precautionary principle.

 

However, during discussions with the applicant during the assessment of this modification application it was expressed that they may be willing to undertake the required geotechnical tests.

 

Having regard to the above, it is recommended that this condition be modified so that the range surface is required to be covered with a synthetic cover; except if the applicant can provide Council with a geotechnical investigation undertaken to Councils satisfaction by a suitably qualified person which demonstrates that the geotechnical conditions are suitable for the immobilisation of lead having regard to soil pH levels, depth of ground water, and practicality of a soil monitoring and adjustment program. Condition 13 contained within the recommended schedule of conditions within attachment 4 has been modified to reflect the above.

 

Condition 34: It is proposed that the shooting bays be covered with only the side walls enclosed. This condition requires the rear wall to be enclosed in addition to the side walls. The intention of this condition is to limit the extent of noise which emanates from the shooting range to minimise potential conflict with the surrounding area. Enclosing the rear elevation will reduce the level of noise by approximately 10 dB(A).

 

The applicant believes that such a requirement will be detrimental to the comfort of participants of the shooting range. However, it is considered that with the front elevation being open and the use of insulating materials would overcome any adverse discomfort. This could also be supplemented by mechanical devices or a design which enabled sections of the rear elevation to be open when shooting is not been undertaken.

 

Given the nature of the development, it is not considered that the requirements of this condition are unreasonable as it does not present any significant increase in costs for the applicant and will mitigate potential land use conflicts. As such, it is not recommended that this condition be modified.

 

Condition 41: This condition limits the types of guns which can be used on the shooting range. The types of guns were limited to those used during the acoustic tests as the applicant indicated that they would be the only guns used at the range. The intention of this condition was to ensure that guns which are louder than those used in the acoustic tests are not used.

 

The applicant proposes to modify this condition to allow other guns not specified in the condition to be used which will not be louder than those which were used during the acoustic tests. This is considered reasonable, with the amended condition included within the recommended schedule of conditions contained within attachment 4.

 

Condition 52: This condition permits access to the land by Council Officers without notice. The applicant would like this condition modified so that access is by appointment.

 

This condition is a standard condition placed on consents such as this to advise the applicant that Council may enter the premises at any time. Regardless of whether or not the condition is within the consent or is modified; Council can lawfully enter the premises at any reasonable time under section 119D of the Environmental Planning and Assessment Act 1979.

 

As such, it is not considered that the condition should be modified.

 

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

 

SECTION 96(1A)

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

 

Complies

Comments

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

Yes

It is considered that the modification of the development consent as outlined in attachment 4 will be of minimal environmental impact.

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

Yes

The recommended modifications to the development consent will maintain the development as substantially the same as originally approved.

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

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

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

Yes

The application was notified in accordance with the Nambucca Development Control Plan 2010.

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

Yes

Addressed later in this report.

 

 

SECTION 96 (3) & (5)

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

 

Complies

Comments

a  the provisions of:

 

 

(i)  any environmental planning instrument, and

Yes

It is not considered that the proposed modification will not be contrary to any environmental planning instrument which applies to the land.

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

Yes

It is not considered that the proposed modification will be contrary to any draft environmental planning instrument which applies to the land.

(iii) any development control plan, and

Yes

It is not considered that the recommended modifications will be contrary to the Nambucca Development Control Plan 2010.

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

Yes

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

 

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

Yes

There are no relevant matters prescribed by the regulations.

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

Yes

The 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,

Yes

Having regard to the matters addressed earlier in this report, it is not considered that the recommended modification of consent will result in any significant impacts on the natural or built environments or any social or economic impacts on the locality.

 

c   the suitability of the site for the development,

Yes

It is not considered that the recommended modifications will result in the site being unsuitable for the development.

d   any submissions made in accordance with this Act or the regulations,

Yes

Refer to the table below.

e   the public interest.

Yes

It is not considered that the recommended modifications will be contrary to the public interest.

(5)Development consent of the kind referred to in Section 79B(3) is not to be modified unless the requirements of Section 79B(3)-(7) have been complied with in relation to the proposed modification as if the proposed modification were an application for development consent.

Yes

The subject site does not contain any critical habitat and it is not considered that the proposed modifications will result in the development having any significant impacts on threatened species, populations, communities or their habitats.

 

 

CONSULTATION:

 

38 submissions were received during the notification of the modification application with the following matters raised:

 

Summary of Relevant Matters Raised

Reporting Officers Comment

Applicants statements on the application form are misleading

It is considered that there is sufficient information available to support the recommended modifications. However, there is insufficient information available to support all of the modifications as proposed.

The letter of indemnity should an accident occur on Morans Road will not stop legal action against Council. The road should be built to an appropriate standard within the road reserve so property owners are not liable.

The letter of indemnity is only intended to negate any claims made by the applicant or land owner with regards to legal access to the development. Morans Road will continue to be treated as a public road, with Council continuing to be potentially liable in the event of an accident. It is for this reason that the consent requires the upgrading of Morans Road to an acceptable standard to mitigate potential liability.

Any fencing relocation on Morans Road should be at the expense of the applicant and not surrounding property owners.

It is considered reasonable for any fencing relocation associated with any road realignment be borne by the applicant. Condition 8 has been modified to reflect this.

An onsite sewage disposal system should be installed instead of use of chemical toilets as it can lead to misuse and can’t be monitored by Council. Chemical toilets do not meet the BCA.

Addressed earlier in this report.

A synthetic cover should be installed over the range surface to make bullet collection easier. The extra baffles will not suffice.

Addressed earlier in this report.

The shooting bays should be enclosed as any measures which reduce noise pollution should be enforced. It will not result in discomfort to shooters.

Addressed earlier in this report.

The information provided by the applicant regarding noise is invalid as no evidence as to what study was done to achieve the results or who conducted it. How can Council be sure that guns will not be louder than those tested onsite.

The consent has been modified to permit the use of guns which are not as loud as the guns originally approved to be used on the land. Any verification required by Council will be at the applicants expense.

The Council should be allowed to inspect the range at any time.

Addressed earlier in this report.

The hydrological report must be submitted to prevent surface water entering the range and entering downstream catchments.

Addressed earlier in this report.

Strong support for the modification as there is no legitimate reason for refusal.

It is considered that there are many valid reasons all of the proposed modifications cannot be supported which have been addressed earlier in this report.

Inadequate evacuation procedure.

The applicant has not proposed to modify the evacuation plan requirement contained within condition 36. The intent of including a plan with the modification application is unclear.

In any case the plan is required for the development to comply with Planning for Bushfire Protection 2006 (PBP). On review of the plan submitted, it does not comply with PBP and an amended plan will need to be submitted prior to use of the development in accordance with condition 36.

Future development of surrounding land will be impacted if the proposed modifications are approved.

It is not considered that the recommended modifications will result in any significant impacts on the natural, social or economic environment of the surround area.

 

 

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

23039/2017 - Attachment 1 - Original Development Consent

 

2

23038/2017 - Attachment 2 - Approved Plans

 

3

23037/2017 - Attachment 3 - Modification Application Documentation

 

4

23036/2017 - Attachment 4 - Schedule of Conditions

 

5

23035/2017 - Attachment 5 - Submissions

 

  


Ordinary Council Meeting - 29 June 2017

Modification of Development Consent DA2015/103

 


 


 


 


 


 

 


 


 


 


 


 


 


Ordinary Council Meeting - 29 June 2017

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Ordinary Council Meeting - 29 June 2017

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Ordinary Council Meeting - 29 June 2017

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Ordinary Council Meeting - 29 June 2017

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Ordinary Council Meeting                                                                                                    29 June 2017

General Manager's Report

ITEM 9.11    SF2307            290617         Fixing Country Roads Program 2017/18 - Applications Open - Possible Projects

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

The purpose of this report is to advise Council that the Fixing Country Roads Program – Round 3 – opened on 14 June 2017. Applications will close on 1 September 2017. The process this time is straight to applications – there are no EOI’s for this Round of the funding program. Council has 3 potential projects for funding for the program, and the report is to advise the options for applications to Council, and request Council’s recommendations regarding the options.

 

 

Recommendation:

 

1        That Council note that Round 3 of the Fixing Country Roads Program opened for applications on 14 June 2017.

 

2        That Council note the 3 possible application projects for Fixing Country Roads Program, being:

 

          (i)      Upgrade of Lower Buckrabendinni Road, Buckra Bendinni – as previously resolved – to be funded as 1/3 Council, 1/3 residents and 1/3 application for Fixing Country Roads funding;

          (ii)      Upgrade of the road from Deer Hill Road to Hanging Rock Road, Buckra Bendinni –           this will be an application for 100% under the Fixing Country Roads Program;

          (iii)     Application for 50% of the Council’s costs for replacement of Lanes Bridge, Bowraville           being $500,000 – applied for the matching funding of $1,000,000 under the Bridges           Renewal Programme in May 2017;

 

 

 

 

OPTIONS:

 

Council may choose not to apply for any funding under this program or to apply for one, two, or all three projects.

 

 

DISCUSSION:

 

At Council’s meeting on 13 October 2016, Lower Buckrabendinni Road residents made representation to Council regarding extension of the seal on this road, and the residents had entered into an agreement to pay for one-third of the costs for this sealing, being a commitment of $131,000. Council committed to matching this funding, and would apply for the balance through the Fixing Country Roads Program, when it opened for applications.

 

The upgrade/sealing of Deer Hill Road to Hanging Rock Road has been brought to Council ‘s attention as a result of lobbying by local residents to their State Member of Parliament. The proposed application for this road upgrade would be a100% funding application.

 

Council applied for funding of $1,000,000 to replace Lane’s Bridge under the Bridges Renewal Programme in May 2017, and bridge projects are applicable for funding under this Program, so an application for half of Council’s co-contribution of $1,000,000 would lessen our financial burden for this project.

 

 

 


 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Upgrade of the two unsealed road, if funding applications are successful, reduces dust pollution locally.

 

Social

 

Improvements to Council’s roads and infrastructure have positive social impacts.

 

Economic

 

Two of the three projects have been budgeted for in the 2017/2018 budget and financial plan.

 

Risk

 

There is no risk to Council, however a problem could arise if we are successful in a funding application through the State Government funded program, and do not obtain the Federal funds for Lanes Bridge replacement.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The direct impact on the budget for 2017/2018 would be limited as the allowance has been made in the budget for both the upgrade to Lower Buckrabendinni Road and also Lanes Bridge replacement.

 

Service level changes and resourcing/staff implications

 

The project will have the following implications:

 

-             Project administration will be undertaken by the Grants Officer and the Assistant General Manager Engineering Services;

-             Project Planning will be managed by the Assistant General Manager Engineering Services and Manager Infrastructure Services;

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    29 June 2017

General Manager's Report

ITEM 9.12    SF1154            290617         INTEGRATED PLANNING AND REPORTING FRAMEWORK - 2017-2021 RESOURCING STRATEGY - WORKFORCE PLAN

 

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 2017-2021 Workforce Plan 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 Council adopt the Workforce Plan as part of the Integrated Planning and Reporting Framework’s 2017-2021 Resourcing Strategy.

 

 

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 2017-2021 Workforce Plan 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.

 

CONSULTATION:

 

Managers

Staff

Consultative Committee

The Plan was also placed on public exhibition for 28 days.

 

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 - Workforce Plan 2017-2021

 

  


Ordinary Council Meeting - 29 June 2017

INTEGRATED PLANNING AND REPORTING FRAMEWORK - 2017-2021 RESOURCING STRATEGY - WORKFORCE PLAN

 

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 - 29 June 2017

INTEGRATED PLANNING AND REPORTING FRAMEWORK - 2017-2021 RESOURCING STRATEGY - WORKFORCE PLAN

 

Our workforce

 

2013

2017

 

127 114 staff FTE

Staff (headcount)

+ 8 vacant positions

 

 

125 109 staff FTE

Staff (headcount)

+ 3 vacant positions

 

49years average age1

13years average tenure1

7% average turnover1

49years average age1

13years average tenure1

9% average turnover1

 

NSWLG2

Not available

 

10 years

 

11.71%

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30% female

20 FT|13 PT |5 casual

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34% female (35%)1

24 FT|8 PT |11 casual

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70% male

88 FT|1 PT|2 casual

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66% male (65%)1

79 FT|2 PT|1 casual

 

 

1 Permanent staff

2 NSW rural councils (2016 HR Metrics Benchmarking Report)

Our workforce - diversity

 

A survey of staff was conducted in April 2017 to determine the level of diversity in our workplace. Based on the 62 responses received, the survey revealed the following:

 

 

4.8%

 

(3/62) are of Aboriginal and/or Torres Islander descent compared to 7.3% of our local population and 2.5% across Australia1

8.1%

 

(5/62) considered themselves to have a disability indicating the nature of the disability to be vision (1), hearing (2) and physical (2)

19.3%

 

(12/62) were born overseas compared to 14.9% of our local population and 30.2% across Australia1

93.5%

 

(58/62) only speak English at home compared to 93.8% of the local population  and 76.8% nationally1

14.7%

 

(9/62) speak a second language ie English (4), French (2), German (1), Dutch (1) and Croatian-Bosnian (1).

 

 

Gender diversity in leadership roles:

 

 

SENIOR EXECUTIVE

MANAGERS

TEAM LEADERS2

3

 

 

 

 

 

 

 

 


 

o FEMALE   n MALE

 

 

 

 

1 ABS Census 2011

2 Female: Water and Sewerage Engineer, Senior Librarian and Accountant

   Male: Senior Health and Building Surveyor, Roads Coordinator, Structures Coordinator, Depot Coordinator, Green Space Coordinator and Civic Services Coordinator

Our challenges

 


The workforce planning process identified key challenges that will impact on our ability to achieve our vision and strategic imperatives:

 

·      Increasing government compliance requirements and regulation – affecting work functions, reporting and qualification requirements.

·      Ongoing reform of the local government industry and legislative framework. 

·      The rapid pace of technological changes and increased reliance on technology – affecting service expectations, service delivery, job design and market competition.

·      Attracting and retaining staff in critical roles.

·      Evolving community expectations, Council strategy and business direction – requiring new or different skills/capabilities to deliver objectives. In particular, we are seeing growing demand from our customers for: online access to services; immediate response to queries and complaints; increased accountability and more services (but not at the expense of existing services).

 

Based on research undertaken by Government Skills Australia, the following issues remain a concern for the local government sector:

 

·      salary competition from other sectors

·      reduced training budgets due to economic constraints

·      a perceived lack of career pathways and opportunities

·      the image of the sector and job roles not seen as desirable

 

We are also influenced by challenges impacting many Australian workplaces, including an increasing and unpredictable number of retirements, skills shortages in certain occupations1 and growing importance of the role employers have in the wellbeing of their employees.

 

All of the identified challenges were considered carefully when developing the workforce plan strategies.


 

 


1Research undertaken by the Department of Employment to 31 December 2016 (Skills Shortage List, Australia; Department of Employment; published 28 March 2017) identifies skill shortages in the following jobs which exist in our staffing structure:

 

Occupation

National Rating

NSW

Rating

Comment

Surveyor

D

S

Nationally, the recruitment difficulty is for registered cadastral surveyors. Shortages are evident in Sydney and regional NSW across various specialisations and sectors including cadastral, engineering and construction.

Civil Engineering Professionals

D

D

The recruitment difficulty is for senior positions and those with specialised requirements. In NSW, the recruitment difficulty is for geotechnical engineers and structural engineers.

ICT professionals

D

Not available

The recruitment difficulty is for senior web developers; senior programmers and senior ICT security specialists; Assessed at national level only.

Civil Engineering Draftspersons and Technicians

S

S

Shortages are evident in NSW, Melbourne and SA; Shortages are for civil engineering draftspersons and technicians with experience in particular engineering software and construction specifications and codes.

Motor Mechanic

S

S

Shortages are evident for diesel mechanics working across various types of heavy vehicles eg trucks, buses, cranes, mobile plant, agricultural equipment.

Plumber

D

S

Employers in some states experience difficulty recruiting for multi-skilled plumbers, roof plumbers and gas or sprinkler fitters; Shortages are evident for general plumbers and roof plumbers across NSW.

 

S =

National/State-wide shortage

D =

Recruitment difficulty

Our capability priorities

 

The workforce planning process reviewed the services provided by NSC to determine how the demand for these services was changing and what impact the changing demands would have on our workforce capability requirements.

 

Managers identified the following emerging workforce capability requirements crucial to meeting future needs and some ideas about how to harness these skills and capabilities:

 

·     

·     

·     

·     

·     

·     

Who?

What?

How ?

Assets

·      combination of engineering, finance and computing knowledge (GIS, databases and Microsoft)

A variety of strategies exist and will depend on the particular scenario:

 

·      continuing professional development

·      engagement of contingent workers (eg contractors, labour hire, temporary/casual employees)

·      job redesign

·      paying more to get the right staff

·      redeployment

·      resource sharing with other councils

·      restructure

·      skills audit

·      succession planning

·      training

Community Development

·      Library staff - technical services and IT; more qualified staff

·      Tourism - social media and marketing

Finance

·      Asset management

·      Accounting

Information Technology

·      IT skills

Infrastructure Services

·      customer service

·      internal auditing

Water and Sewerage

·      multi skilling in both water and sewerage capability

·      wastewater and water treatment

·      dam operations

General Manager

·      better educated staff

·      increased focus on people management

·      better typing and IT skills

Corporate Services

·      increased level of expertise in financial accounting, system accounting, management accounting and asset accounting

·      broad-based and specialist IT skills

 

Additionally, there were three capability requirements identified as being imperative across NSC in order to achieve a workforce that is aligned with our strategic direction and models desired workplace behaviour. Regardless of the specific role, NSC staff need to be:


 

 

Open

Customer-focussed

Proactive

·      An interest in and confidence using new methods and technologies

·      Positive attitude to change and new ideas

·      Comfortable with “flearning” (failing + learning)1

·      High level customer service skills (both external and internal customers) including communication, relationship development, negotiation, conflict resolution.

·      Take personal responsibility

·      Value diversity of opinions, be proactive in reaching consensus

·      Learn on the job

·      Celebrate achievements, recognise others, give feedback.

·      Promote best return from Council’s resources

1 O’Connor, Thea: “Stop failing and start ‘flearning’”, www.intheblack.com; 2 February 2015


Ordinary Council Meeting - 29 June 2017

INTEGRATED PLANNING AND REPORTING FRAMEWORK - 2017-2021 RESOURCING STRATEGY - WORKFORCE PLAN

 

Strategic workforce objectives 2017-2021

 

Key Focus Area

Strategy

Action(s)

Measure(s)

Responsibility

Target Date

Staffing

The recruitment strategy attracts a pool of talented candidates

Review current recruitment policy and procedures

Policies and procedures reflect industry standards

 

MHR

2017/18

Participate in salary benchmarking surveys

 

Market competitiveness

MHR

Ongoing

Mitigate risk of being unable to attract the right people

Consider alternative models to deliver services

MHR/Managers

Ongoing

The retention strategy supports the creation of a welcoming, inclusive and engaged workplace.

Review and implement an on-boarding program that covers new employees’ first 12 months and includes: induction, probation, core training and development and performance feedback and support.

New process completed and implemented.

 

100% of staff have completed formal induction within the approved timeframe.

 

100% of annual appraisals are completed.

 

Voluntary turnover remains within the industry standard.

MHR

Ongoing

Mitigate risk associated with the loss of critical people

Embed succession planning for key positions

 

 

 

 

 

 

MHR and key staff

Ongoing

Key Focus Area

Strategy

Action(s)

Measure(s)

Responsibility

Target Date

Performance planning, development and management

The employee performance framework is aligned to Council’s goals and clearly communicates and reinforces performance expectations.

Review all position descriptions so that core accountabilities, knowledge, skills and attributes are aligned to organisational goals and accurately described.

All position descriptions in standard format and content up to date.

 

 

MHR and key staff

Ongoing as new roles and vacancies arise and as part of the annual appraisals.

Implement online performance management system (PULSE) incorporating performance expectations, goals and measures.

 

Online employee performance management system is implemented.

 

Employees not meeting the expected standard of performance have a development and improvement plan.

 

MHR

July 2018

Learning, training and development

The workforce is ready, willing and capable of delivering efficient and effective services.

Provide Leadership Development Program to all managers

100% participation

 

Positive feedback

 

MHR and managers

August 2017

Develop and implement Professional Development Plan for critical roles

 

Plan in place and training completed

 

MHR and managers

30 June each year

Develop and promote online learning management system (e-quip)

System widely used

 

All training programs are informed by the

Delivery Program,  Operational Plan,

Workforce Plan,

position descriptions,

performance and competency appraisals.

 

MHR

Ongoing

Key Focus Area

Strategy

Action(s)

Measure(s)

Responsibility

Target Date

Work Health and Safety

The WHS plan meets legislative, regulatory and organisational requirements

Participate in the annual StateCover WHS audit

Audit undertaken annually.

SRO

July each year

Develop a strategic WHS plan and supporting annual action plans

 

Plans developed and submitted to Manex for approval and implementation.

MHR/SRO

 

November each year

 

Implement approved annual action plan

Action plan status report is submitted to Manex each quarter demonstrating compliance with legislative, regulatory and organisation requirements.

MHR/SRO

 

Quarterly

The WHS Committee continues to function efficiently

Ensure meetings are held at least 4 times per year.

Effectiveness of the WHS Committee

MHR/SRO

Ongoing

Wellbeing

The Health and Wellbeing Program is focussed on education and awareness of critical wellbeing risks.

 

Develop a wellbeing program that is informed by WHS, workers compensation, injury management and wellbeing issues and focused on education and awareness.

Implement approved wellbeing program

Evaluate the program 12 months after introduction to test its value and contribution.

Implementation of the wellbeing program.

 

Voluntary participation rates increase.

MHR

Ongoing


Ordinary Council Meeting                                                                                                    29 June 2017

General Manager's Report

ITEM 9.13    SF113              290617         Union Picnic Day - Thursday 7 September 2017 - Closure of Work Sites

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1.       That Council note the closure of the following on Thursday 7 September 2017 for Union           Picnic Day:

 

          Administration Centre

          Macksville Library

          Nambucca Heads Library

          Waste Management Facility

 

2.       That the closure of the worksites be advertised in the local papers, on Council’s website and           at the entrances to the worksites well in advance of the proposed closure.

 

 

OPTIONS:

 

The only option available to the Council is to resolve to keep the worksites open and pay overtime or casuals for that to occur.

 

DISCUSSION:

 

The Local Government (State) Award 2014 makes provision for a Union Picnic Day.

 

Under the Award the Union Picnic Day is regarded as a holiday for employees who are financial members of the relevant union. Employees who are not financial members of the relevant union and who are required to work on Union Picnic Day are paid their ordinary pay for a normal working day, otherwise if they are not required to work may apply to take leave.

 

The Union Picnic Day is to be such a day as is agreed between the employer and the unions.

 

Previously there have been a number of different days which have been agreed including a day between Christmas and New Year when some work sites, including the administration building, are closed and staff and directed to take leave and also on Melbourne Cup day.

 

The arrangement for Union Picnic Day alternating between Christmas and New Year and Melbourne Cup Day has not been agreed to by the Unions.  They have nominated Thursday 7 September 2017 which has now been (reluctantly) agreed to by management.

 

An increasing proportion of union membership amongst administrative staff together with administrative support operations being centralised in the Business Services Unit means that it is no longer possible to open the Administration Centre and some other worksites without paying casuals or offering to pay union members to work on a “public holiday”.

 

A decision has been made not to incur additional operating (wages and salaries) costs in opening worksites on Union Picnic Day and as a result the following Council worksites will be closed on Thursday 7 September 2017:

 

Administration Centre

Macksville Library

Nambucca Heads Library

Waste Management Facility

 

CONSULTATION:

 

There has been consultation with the Unions, managers and the Manager Human Resources.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

Some people who are not aware of the proposed closure may be inconvenienced through being unable to conduct their normal business with Council on Union Picnic Day.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The major risk is that people will be inconvenienced.

 

Alternatively if Council decides to open the worksites there will be an additional cost in having to pay overtime at “public holiday” rates and in employing casuals.

 

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

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The Union Picnic Day does affect the productivity of the Council.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    29 June 2017

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2130            290617         Making of Rates and Charges 2017/2018

 

AUTHOR/ENQUIRIES:    Chris Wills, Rates Officer         

 

Summary:

 

The Independent Pricing and Regulatory Tribunal (IPART) confirmed a rate increase of 1.5% under Section 508 of The Local Government Act 1993 for 2017/2018 financial year.

 

Council is now required to make the rates and charges in accordance with Section 535 of The Local Government Act 1993 (hereinafter referred to as the Act)

 

 

Recommendation:

 

1          Council resolves that in accordance with Section 501 of the Act, the annual access charge for water supply services to all properties connected or able to be connected to Council’s water supply in accordance with Section 552(1) of the Act for 2017/2018 is made at one hundred and thirty six dollars ($136.00) per occupancy for each assessment, for a 20mm or 25mm connection; five hundred and forty four dollars ($544.00) for a 40mm connection, eight hundred and fifty dollars ($850.00) for a 50mm connection, two thousand one hundred and seventy six dollars ($2,176.00) for a 80mm connection and three thousand four hundred dollars ($3,400.00) for a 100mm connection, to be charged per connection for each assessment; and one hundred and thirty six dollars ($136.00) for vacant or unconnected land per assessment, and have a short title of “Water Access”; and a consumption charge of two dollars and eighty four cents ($2.84) per kilolitre to apply to all water consumption billed during the financial year and such charge to have a short title of “Water Charge” in accordance with Section 543 of the Act.

 

2          Council resolves that in accordance with Section 501 of the Act the annual access charge for sewerage services to all properties connected or able to be connected to Council's sewer in accordance with Section 552(3) of the Act for 2017/2018 is made at six hundred and three dollars ($603.00) per occupancy for each assessment for residential connections; for non-residential connections two hundred and twenty eight dollars ($228.00)  for 20mm or 25mm connection, nine hundred and twelve dollars ($912.00) for 40mm connection, one thousand four hundred and twenty five dollars ($1,425.00) for 50mm connection, three thousand six hundred and forty eight dollars ($3,648.00) for 80mm connection and five thousand seven hundred dollars ($5,700.00) for 100mm connection, per connection for each assessment; and two hundred and twenty eight dollars ($228.00) for vacant or unconnected land per assessment, and have a short title of “Sewer Access”; and a sewer usage charge of three dollars and twelve cents ($3.12) per kilolitre to be calculated on the estimated volume discharged from properties, excluding residential connections, using the total water consumption based on NSW Department of Water and Energy guidelines and such charge to have a short title of "Sewer Usage Charge" and be included on the ‘Water Account’.

 

3          Council resolves that in accordance with Section 501 of the Act, the waste management tip provision charge for 2017/2018 is made at one hundred and forty seven dollars ($147.00) per assessment for properties categorised as Business or Farmland, or are Non Rateable, that are not vacant but do not, or have elected not to, receive a commercial waste service or are not on a waste collection route, or vacant land where the service is available; such charge to have the short title of “Tip Provision”.


 

4          Council resolves that in accordance with Section 496 of the Act, the annual charge for 2017/2018 for domestic waste service on all occupied rateable land in the Shire, categorised Farmland or Residential under Section 515 or 516 of the Act, or are Non Rateable properties to which a domestic waste service is provided, is made at five hundred and forty three dollars ($543.00) per occupancy for each assessment which contains up to and including five residential occupancies, such charge to have a short title of “Full Domestic Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $543.00, where “A” equals the annual charge, “B” equals the number of occupancies and $543.00 is the unit price. Residential assessments with six or more occupancies, upon request, may be charged one full service charge of five hundred and forty three dollars ($543.00) and sufficient additional bins, at the appropriate charge, to service the waste collection requirements of the assessment, as agreed between the property owner and the Council’s Civic Services Coordinator. Owners of secondary dwellings with a gross floor area of up to 60 square metres will have the option of a second domestic waste service.

            A waste management ‘tip provision’ annual charge of one hundred and forty seven dollars ($147.00) for the year 2017/2018 is made for properties categorised Farmland or Residential or are Non Rateable, that are not vacant, but do not receive a domestic waste service or are not on a waste collection route.

 

5          Council resolves that in accordance with Section 496 of the Act the annual charge for 2017/2018 for domestic waste on all vacant rateable land in the Shire, categorised Residential (under Section 516 of the Local Government Act 1993) or are Non Rateable and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville and all land within the rural sector with a residential building entitlement, including land categorised as Farmland, where the domestic waste collection service is available, is made at one hundred and thirty two dollars ($132.00) per assessment, such charge to have short title of “Vacant Waste Management”.

 

6          Council resolves that in accordance with Section 501 of the Act, the annual charge for 2017/2018 for waste service on all occupied rateable land in the Shire, categorised Business (under Section 518 of the Act) to which a waste service is provided, or is Non Rateable land to which a non-residential waste service is provided, is made at five hundred and nineteen dollars ($519.00) per occupancy per assessment, such charge to have a short title of “Full Commercial Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $519.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $519.00 is the unit price.

 

7          Council resolves that in accordance with Section 501 of the Act the annual charge for waste for 2017/2018 on all vacant rateable land in the Shire, categorised Business (under Section 518 of the Act) or is Non Rateable land, and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville, is made at one hundred and thirty two dollars ($132.00) per assessment, such charge to have a short title of “Vacant Waste Management”.


 

8          Council resolves that in accordance with Section 496A & 510A of the Act the annual charge for 2017/2018 for stormwater management services on all rateable privately owned developed non strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment, such charge to have a short title "Stormwater Charge".

 

9          Council resolves that in accordance with Section 496A & 510A of the Act the annual charge for 2017/2018 for stormwater management services on all rateable privately owned developed strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twelve dollars and fifty cents ($12.50) per lot/assessment, such charge to have a short title "Stormwater Res-Strata ".

 

10         Council resolves that in accordance with Section 496A & 510A of the Act the annual charge for 2017/2018 for stormwater management services on all rateable privately owned developed business land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres, such charge to have a short title "Stormwater Business " and be capped at $100.00 per assessment.

 

11         Council resolves that in accordance with Section 496A & 510A of the Act the annual charge for 2017/2018 for stormwater management services on all rateable privately owned developed business strata lots/land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at an amount equal to twenty five dollars ($25.00) per strata plan land parcel (parent parcel) plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres and capped at one hundred dollars ($100.00) then be charged the greater of five dollars ($5.00) or the relevant proportion of the maximum annual charge that would apply to the land subject to the strata scheme (the ‘relevant proportion’ is the proportion that the unit entitlement of that lot in the scheme bears to the aggregate unit entitlement of the scheme), such charge to have a short title "Stormwater Bus-Strata".

 

12         Council resolves that a rate of zero point zero zero five seven six six dollars ($0.005766) on the land value of all rateable land in the rating category of “Farmland”, is made for the year 2017/2018, subject to a minimum rate of five hundred and thirteen dollars ($513.00) per assessment, in accordance with Section 458 of the Act, such rate to apply to all properties categorised as “Farmland”, pursuant to Section 515 of the Act, such rate to a short title of “Farmland” in accordance with Section 543 of the Act.

 

13         Council resolves that a rate of zero point zero zero five nine one dollars ($0.00591) on the land value of all rateable land in the rating category “Residential” is made for the year 2017/2018, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all properties categorised as “Residential”, pursuant to Section 516 of the Act, excluding all properties in the sub categories “Town” and “Village/Estates”, such rate to have a separate short title of “Residential Non-Urban”.


 

14         Council resolves that a rate of zero point zero zero five nine one dollars ($0.00591) on the land value of all rateable land in the rating category “Residential”, sub category “Town” is made for the year 2017/2018, pursuant to Section 516 of the Act, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all rateable land located in centres of population described as comprising all properties zoned residential, located in the towns of Nambucca Heads, Hyland Park, Macksville, Bowraville, Scotts Head and Valla Beach and serviced or able to be serviced with water supply, sewerage, or septic tank, such rate to have a separate short title of “Residential Town”.

 

15         Council resolves that a rate of zero point zero zero five nine one dollars ($0.00591) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” is made for the year 2017/2018, pursuant to Section 516 of the Act, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all rateable land located in the villages of Eungai Rail, Eungai Creek, Warrell Creek, Donnellyville, Taylors Arm – Upper and Lower, and all Estates comprising all residential land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development residential lots along rural roads contiguous to developed estates and villages and all ribbon development residential lots along rural roads immediately opposite to developed estates, such rate to have a separate short title “Residential Village/Estates”.

 

16        Council resolves that a rate of zero point zero zero seven nine six eight dollars ($0.007968) on the land value of all rateable land in the rating category “Business” is made for the year 2017/2018, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all properties  categorised as “Business”, pursuant to Section 518 of the Act, excluding all properties in the sub categories “CBD” and “Industrial Estate”, such rate to have a separate short title of “Business Ordinary”.

 

17        Council resolves that for the year 2017/2018 all rateable land previously in the rating category “Business”, sub category “Caravan Park”, is moved to the “Business” sub-category “Ordinary” and rated in accordance with Item 16.

 

18        Council resolves that a rate of zero point zero one one nine zero four dollars ($0.011904) on the land value of all rateable land in the rating category “Business”, sub category “CBD” is made for the year 2017/2018, pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “CBD” in the towns of Nambucca Heads, Bowraville, Macksville, Valla Beach, and Scotts Head and such rate to have a separate short title of “Business CBD”.

 

19      Council resolves that a rate of zero point zero zero seven five seven dollars ($0.00757) on the land value of all rateable land in the rating category “Business”, sub category “Industrial Estate” is made for the year 2017/2018, pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “Industrial Estate” in the towns of Nambucca Heads and Macksville, and such rate to have a short title of “Business Industrial”.

 

20    Council resolves that a special rate, pursuant to Section 495 of the Act, consisting of a base amount of twenty one dollars ($20.55) per assessment, with a short title of “Environmental Base” and an ad-valorem amount of zero point zero zero zero one four four dollars ($0.000144) on the land value of all rateable land in Council’s area (refer Section 538 of the Act), with a short title of “Environmental Levy”, is made for the year 2017/2018. The base amount will produce approximately forty seven point three eight percent  (47.38%) of the total amount payable by the levying of the special rate so as to comply with Section 500 of the Act.

 

21        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 1 (Low Risk) Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1”.

 

22        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 1A (Low Risk) Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1A”, with an additional charge of one dollar and eighty cents ($1.80) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2017/2018 pursuant to Section 502 of the Act.

 

23        Council resolves that an annual charge of one hundred and fifty nine dollars ($159.00) for Category 2 (Medium Risk) Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 2”, with a usage charge of one dollar and eighty cents ($1.80) per kilolitre or fourteen dollars and forty eight cents ($14.48) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2017/2018 pursuant to Section 502 of the Act.

 

24        Council resolves that an annual charge of one hundred and fifty nine dollars ($159.00) for Category 3 (High Risk) Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 3”, with an additional charge of one dollar and fifteen cents ($1.15) per kilogram for Excess Mass, is made for the year 2017/2018 pursuant to Section 502 of the Act.

 

25        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 4 Septic tank Effluent Disposal Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”.

 

26        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 4 Caravan Dump Effluent Disposal, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”, with a charge of one hundred and forty three dollars ($143.00) for Disposal at Treatment Works with a maximum of 2,500L, disposals over 2,500L will have an additional charge of fifty two dollars ($52.00) per 1000L, is made for the year 2017/2018 pursuant to Section 501 of the Act.

 

27        Council resolves that an annual charge of one hundred and eighty dollars ($180.00) for On-site Sewer Management Systems (OSSMS) operated in the high risk zone is made for the year 2017-2018 pursuant to Section 68 of the Act and have a short title “OSSMS Zone 1”; properties with less than three OSSMS will be charged one charge unit while properties with three or more OSSMS will be charged two charge units.

 

28        Council resolves that an annual charge of fifty five dollars ($55.00) for On-site Sewer Management Systems (OSSMS) operated in the medium risk zone is made for the year 2017-2018 pursuant to Section 68 of the Act and have a short title “OSSMS Zone 5”; properties with less than three OSSMS will be charged one charge unit while properties with three or more OSSMS will be charged two charge units.

 

29        Council resolves that an annual charge of thirty dollars ($30.00) for On-site Sewer Management Systems (OSSMS) operated in the low risk zone is made for the year 2017-2018 pursuant to Section 68 of the Act and have a short title “OSSMS Zone 10”; properties with less than three OSSMS will be charged one charge unit while properties with three or more OSSMS will be charged two charge units.        

 

30        Council resolves that an interest rate of 7.5% per annum is set for the year 2017/2018, pursuant to Section 566 of the Act, and be charged on overdue rates and charges.

 

 

OPTIONS:

 

Council may resolve to adopt the Rates and Charges without applying the 1.5% rate increase or to adopt the Rates and Charges with a percentage increase between 0 and 1.5 %.

 

 

DISCUSSION:

 

IPART has approved a rate increase in general income of 1.5%.

 

As a result of the overall increase in the Land Values contained in the 2016 Re-valuation by the Valuer General rate levies in all sub-categories have reduced by between 2.61% and 4.54%.

 

Council's minimum rate for Residential and Business categories has been decreased by $38.00 to $735.00.

 

Council’s minimum rate for the Farmland category has been increased by $7.00 to $513.00 (being the rate peg increase of 1.5% as determined by IPART vide, Regulation Clause 126).

 

Items 17 relates to the merging of the business sub-category “Caravan Park” with the business sub-category “Ordinary” in order to preclude any possible challenge by ratepayers that the sub-category “Caravan Park” is not compliant with the Act.

 

 

 


CONSULTATION:

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Civic Services Coordinator

Rates Officer

Office of Local Government

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no environmental impact.

 

Social

 

This report has no social impact.

 

Economic

 

There is no economic impact.

 

Risk

 

There is no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

There are no additional financial implications to the adopted budget.

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    29 June 2017

Corporate Services

ITEM 10.2    SF1618            290617         Community Strategic Plan 2027

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

As part of the Integrated Planning and Reporting process the Community Strategic Plan needs to reviewed by the incoming Council prior to 30th June in the first year of their term.

 

A draft Nambucca Community Strategic Plan 2027 was adopted by Council 25 June 2017 and has been exhibited for public comment for the required time.  At the time writing this report (with a single day left for submissions) one submission had been received, this is noted below.

 

 

Recommendation:

 

That Council adopt the Draft Nambucca Shire Council Community Strategic Plan 2027 as amended.

 

Recommended amendment is an addition to Section 3.2 “To investigate partnerships and programs to promote healthy ageing”

 

 

OPTIONS:

 

No options were considered.  Council is required to review the Community Strategic Plan as part of the Integrated Planning and Reporting requirements.

 

DISCUSSION:

 

The Integrated Planning and Reporting process is how NSW Local Government implements corporate planning and reporting.  The process is prescribed by legislation and the framework aligns with the terms of elected Councils.  The Community Strategic Plan (CSP) is the top levels strategic planning document and a newly elected Council is required review it prior to 30 June the following year.

 

The CSP has a minimum 10 year time horizon and outlines the Community vision for the future.  It sets goals that will help achieve this vision and nominates strategies to achieve those goals.

 

A draft Nambucca Community Strategic Plan 2027 was adopted by Council 25 June 2017 and has been exhibited for public comment for the required time.  At the time writing this report (with a single day left for submissions) one submission had been received and has been attached to this report.

 

The submission was received from Arts- Mid North Coast and made two suggestions

 

Ageing Population/Creative Ageing

 In its introduction the Plan at page 6 recognises that Nambucca has an ageing population but there are no policies or deliverables relevant to this important demographic characteristic. This contrasts with specific and priority recognition given to young people in Aspiration 3 Living Well Strategy 3.2 despite the fact young people (Ages 0 to 19) are actually underrepresented in Nambucca with these age groups being 23.2% of the population compared to the Australian average of 25.8%

 For  its aged population of 60 plus the figure for Nambucca is 32.8% compared to the Australian average of 19.8%.This significant demographic difference needs greater recognition and we suggest an addition to Section 3.2 of a statement such as that in the Coffs harbour Community Plan along the lines of:

To investigate partnerships and programs using the arts to improve health, in particular mental health and healthy ageing.

Response - agree - The concern appears valid and the suggested amended is appropriate but would prefer to not make a broader reference to healthy aging.

 

Recommendation - The an amendment is included in the Nambucca CSP at section 3.2

 

To investigate partnerships and programs to promote healthy ageing.

 

 

 

Economic and Employment Opportunities

Arts Mid North Coast would argue and highlight the role arts and culture can play to not only community development and creating vibrant places and festivals but through cultural tourism and creative industries to the economic development of Nambucca Shire Council. Such matters as to how Council will position itself over the next ten years to benefit from the growth of the knowledge economy is a challenge that is being actively taken up by others such as Bellingen Council and Coffs Harbour Council in their Community Plans and some recognition of these opportunities in Aspiration 4 of the Plan may be beneficial in signposting such opportunities. Such opportunities are overall a growth sector in the NSW economy and can occur with little investment in infrastructure or services

 

Response - agree with the principal raised - It is suggested that this is included in Delivery Plan as an Action / Objective.  While it is not specifically mentioned in the CSP it can easily be accommodated in the current objectives.

 

 

 

CONSULTATION:

 

Councillor Workshop - Council Staff - See Community Engagement Plan - Kerry Grace Regional Development Australia Mid North Coast.

 

SUSTAINABILITY ASSESSMENT:

 

As the Lead Strategic document the Community Strategic Plan the document considers environment, social and economic considerations.  It also discusses how Council considers and responds to risk.

 

 

FINANCIAL IMPLICATIONS:

 

Strategies highlighted in the CSP are developed into actions through the Delivery Plan and funded through the Operational Plan (Budget)

 

Attachments:

1

23131/2017 - Submission to Nambucca Strategic Plan 2017-2027 from Arts Mid North Coast

 

  


Ordinary Council Meeting - 29 June 2017

Community Strategic Plan 2027

 

 

 

Submission to Nambucca Community Strategic Plan by Arts Mid -North Coast

18th June 2017

Introduction

This submission is made on behalf of Arts Mid North Coast, the peak regional body representing the interests of the arts and creative industries of the Mid North Coast.  We work closely with State government and our six local government partners plus the key arts, cultural and creative stakeholders in the region.

We consider it important that we be actively involved in the Integrated Planning processes of all local government in our region as this forms the basis of so much strategic planning relevant to our role. Indeed our Strategic Plan 2016-2018 provides as one of our five key goals:

To encourage and support regional arts, creative industries and cultural development planning to provide leadership to ensure positive outcomes for local, community and regional initiatives. (Strategic Development)

In this submission our focus is on “big picture” issues and trends that will impact on the community over the next ten years and that reflect the particular character and qualities of the local government area involved. Our involvement seeks to highlight matters that we feel are important to either begin or advance conversations we may already be having or need to have with each LGA. We also hope we are able to bring a broader regional context arising not only from our knowledge of the whole region but through our involvement with our Network of 14 Regional Arts Development Organisations bring ideas and best practice from across regional and rural New South Wales. We have also been assisted at this point in time by the fact that five of our six LGA partners are currently going through a similar process of review so that we have been able to establish regional priorities and perspectives.

Overall we support the draft plan and its sections on culture and heritage. We also note the importance Council has given through its Acknowledgement of Country. Our submission relates to two matters:

·    Providing for an ageing population

·    Recognising the economic opportunities from cultural tourism and creative industries. 

 

Ageing Population/Creative Ageing

 In its introduction the Plan at page 6 recognises that Nambucca has an ageing population but there are no policies or deliverables relevant to this important demographic characteristic. This contrasts with specific and priority recognition given to young people in Aspiration 3 Living Well Strategy 3.2 despite the fact young people (Ages 0 to 19) are actually underrepresented in Nambucca with these age groups being 23.2% of the population compared to the Australian average of 25.8%

 For  its aged population of 60 plus the figure for Nambucca is 32.8% compared to the Australian average of 19.8%.This significant demographic difference needs greater recognition and we suggest an addition to Section 3.2 of a statement such as that in the Coffs harbour Community Plan along the lines of:

 

To investigate partnerships and programs using the arts to improve health, in particular mental health and healthy ageing.

 

 

 

Economic and Employment Opportunities

Arts Mid North Coast would argue and highlight the role arts and culture can play to not only community development and creating vibrant places and festivals but through cultural tourism and creative industries to the economic development of Nambucca Shire Council. Such matters as to how Council will position itself over the next ten years to benefit from the growth of the knowledge economy is a challenge that is being actively taken up by others such as Bellingen Council and Coffs Harbour Council in their Community Plans and some recognition of these opportunities in Aspiration 4 of the Plan may be beneficial in signposting such opportunities. Such opportunities are overall a growth sector in the NSW economy and can occur with little investment in infrastructure or services

 

 Conclusion

 As stated in the introduction to this submission Arts Mid North Coast looks forward to being able to discuss these matters with Council as part of an ongoing conversation on a number of the important opportunities available to the LGA into the future and consolidates and expands important initiatives Council has already undertaken.

 

 

Kevin Williams

Executive Director

June 16 2017


Ordinary Council Meeting                                                                                                    29 June 2017

Assistant General Manager Corporate Services Report

ITEM 10.3    SF1618            290617         Nambucca Shire Delivery Program 2017-2021

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

The Draft Delivery Program has been on exhibition for public comment.  The only submissions came from staff.  It is recommended that Council now adopted the amended document.

 

 

Recommendation:

 

That Council adopt the Draft Nambucca Shire Council Delivery Program 2017-2021 as amended.

 

 

OPTIONS:

 

No options were considered.  Council is required to produce a delivery program as part of the Integrated Planning and Reporting requirements.

 

 

DISCUSSION:

 

The Delivery Program (DP) is the second level planning document, it has a four year time horizon to align with Council terms and develops strategies and programs to deliver the CSP.  The DP is normally substantially unaltered for the term of Council however it is reviewed each year and typically the financial information is updated.

 

 

 

The Draft Delivery Program 2017-21 has been on exhibition for public comment and the only submissions have comes from staff. It is now recommended that Council adopted the document. 

Submissions from where received from staff - an amended draft showing edits will be provided to Councillors under a separate cover.

 

Once the Operation Plan has been adopted - forward budgets will be amended.

 

Once the document has finalised the presentation will be improved.  This document will remain substantially unaltered for four years and a higher quality of presentation is justified.

 

 

CONSULTATION:

 

Councillor Workshop - Council Staff in particular Craig Doolan, Manager of Financial Services, Daniel Finlayson, Manager of the Information Technology and Michael Coulter, General Manger

 

SUSTAINABILITY ASSESSMENT:

 

The Draft Delivery Program 2017-21 lists actions that consider environment, Social and economic considerations.  It also discusses how Council address risk.

 

 

FINANCIAL IMPLICATIONS:

 

Strategies highlighted in the CSP are developed into actions through the Delivery Plan and funded through the Operational Plan (Budget).

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    29 June 2017

Corporate Services

ITEM 10.4    SF2246            290617         Draft Operational Plan 2017-18

 

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

 

Summary:

 

The Draft Operation Plan has been on exhibition for public comment.  No external submissions have been received at the time of writing this report.  Two late internal submissions have been received from staff.

 

The Draft Environmental Levy Program has been separately exhibited for public comment. The program is included with the Operational Plan but is exhibited separately for ease of analysis of proposed expenditure.  No external submissions have been received at the time of writing this report.

 

The announcement of funding for a new Macksville Hospital and the imminent settlement of part of the compensation package for the Pacific Highway handover are likely to impact the 2017-18 budget and will be accounted for when the information becomes available.

 

 

Recommendation:

 

1      Council note the changes to the Draft 2017/2018 Budget made post Council’s 11 May Meeting.

 

2      That the Purchase of a “tilt bull blade” attachment for the maintenance grader for $22,000 be included in the operational plan.

 

3      That the purchase of a new 4WD Single cab ute for inspection of on-site sewer systems for $32,000 be included in the operational plan.

 

4      Council adopt the draft Budget as amended.

 

 

OPTIONS:

 

Not Applicable

 

 

DISCUSSION:

 

No external submissions have been received regarding the Draft Operational Plan.

 

Changes to the Draft Operational Plan are listed below. The significant differences are a saving of $230,000 in insurance and an award increase below estimate.

 

Some major but unquantifiable changes will have to be bought to account during the 2017-18 year.  In particular the compensation package for at least part of the Pacific Highway hand over is expected to be finalised early in the new financial year.  Another recent development was the announce of  funding for the new green field site Macksville Hospital which means costs of providing water and sewerage to the site will need to budgeted for in the near future.

 

The changes and amended budgeted statements are below.

 

 

 

 

 

 

 

Two recent Council resolutions will impact on the 2017-18 budget and have not included in the budgeted statements.

 

ITEM 9.4      SF1437              150617      Nambucca Heads Island Golf Club Lease and Request for Sponsorship

285/17 RESOLVED:        (Wilson/Finlayson)

 

1        Council advise the solicitors of the Native Title claimants NTS Corp as well as the Nambucca Heads Local Aboriginal Land Council of its intention to support the Nambucca Heads Island Golf Club Ltd being provided with a 10 year lease to occupy Reserve No. 77566 Stuart Island (either 10 years or a period of 5 years with an option for a further 5 years).

 

2        If the Native Title claimants and the Nambucca Heads Local Aboriginal Land Council are in agreeance with the proposed 10 year lease, that a submission be made to the Department of Industry – Lands recommending the endorsement of a lease of Reserve No. 77566 to the Nambucca Heads Island Golf Club Ltd for a term of 10 years.

 

 

3        If either the Native Title claimants and/or the Nambucca Heads Local Aboriginal Land Council are not in agreeance with the proposed 10 year lease, that the matter be further reported to Council.

 

4        Council endorse any lease agreement with its seal should this be required.

 

5        Council advise the Nambucca Heads Island Golf Club Ltd that it is prepared to provide sponsorship of $10,000 (ex GST) to attract the 5 nominated NSW golf championships and is seeking the Club’s assistance in identifying other sponsors to make up the balance of the sponsorship fee sought by Golf NSW.

 

 

ITEM 9.9      SF1429              150617      Contribution for Repair of the Bowraville Town Clock

290/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council make provision in its draft Operational Plan for 2017/2018 for the expenditure of $1,500 towards the repair of the Bowraville town clock.

 

 

There have been two late submissions from staff.

 

FROM AGMES and MIS - discussed with the Mayor and GM- Purchase of a “tilt bull blade” attachment for the maintenance grader, was not considered in the plant program but is required as an efficiency gain for clearing culverts and drains instead of transporting a back hoe to site.

COST $22,000

 

FROM the GM- purchase of a new 4WD Single cab ute for the inspection of on-site sewer systems – was not considered in the draft budget, has come to fruition due to the some of the site access locations on rural properties in which a conventional SUV or vehicle does not possess the height clearance required

COST $32,000

 

These are included in the recommendation.

 

CONSULTATION:

 

General Manager

Responsible Officers

 

FINANCIAL IMPLICATIONS:

 

Refer to discussion

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    29 June 2017

Corporate Services

ITEM 10.5    SF2246            290617         Draft Revenue Policy (Fees and Charges)

 

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

 

Summary:

 

The draft 2017-18 Revenue Policy (Fees and Charges) has been exhibited for public comment and it now recommended Council adopt the document.

 

 

Recommendation:

 

That Council adopted the draft 2017-18 Revenue Policy (Fees and Charges) as amended.

 

 

OPTIONS:

 

No options were considered.  An adopted Revenue Policy is required as the Integrated Planning and Reporting requirements.

 

 

DISCUSSION:

 

Council’s Draft 2017-18 Revenue Policy has been on exhibition for public comment and it is now recommend that Council adopt the document.  No submissions have been received at the time of writing this report.

 

Council’s Draft Revenue Policy contains the fees and charges for the next financial year; the revenue for which is forecast in the Council’s Draft Operational Plan (Budget).  Both documents form part of the integrated planning and reporting framework utilised in NSW Local Government. 

 

Council must have a Revenue Policy adopted before the beginning of each financial year.

 

Below is a summary of major changes to the 2017/18 Fees & Charges.

 

New Fees:

 

·      Beach Permit – “2 week Tourist Permit” - $30.00

·      Boulton’s Crossing camping fees – structure of fees changed from “$21 per site for max 5 persons” to “$21 for Family of 4 (2 adults & 2 children 4-15 years old)”

·      Companion Animals – “Release of companion animal three or more times within a 12 month period” - $180.00

·      Certificate & Search Fee – “BAL Associated with CDC application lodged with Council for assessment / determination” - $250.00

·      Plant /Equipment Hire – “12t Roller” - $140.00

 

Discontinued fees:

 

·      Development  Applications:

·      Boundary Adjustments – all 3 fees removed

·      Modification of Consent - Modifications of Not Minimal Consent:

–    “Notification Fee – if notice of the application is required”

–    “Residential Apartment Development  Additional Fee [see Clause 115 (30]”

·      Plant /Equipment Hire discontinued fees:

·      Aerator

·      Grader plus free role

·      Tractor

·      Trailer

·      Truck Spray Patcher

 

Ranger Services is a new Category that encompasses fees previously listed separately:

–    Companion Animals Fees: registration and impounding

–    Impounding Fees : vehicles and stock

 

When the GST status of fees were reviewed by external consultants, Genesis Accounting, it was noted the Swimming Pool Certificate of Compliance and Inspection Fee was listed incorrectly as GST exempt. 

 

These fees should be GST inclusive as private certifiers can also undertake the inspections and issue the certificate.  From 1 July 2017 the regulatory fee of $150 will include GST and the Swimming Pool Register will be updated to ensure correct invoicing.

 

The Rates in the Draft document reflect those in the separate report “Making of Council Rates”.

 

Changes to the Draft Fees and Changes

 

Companion animal charges have been updated in line with the amended regulation.

 

A flat late of $5 will be introduced for land fill and conveyancing debtors, this replaces a percentage based fee that is difficult to administer.

 

A final adjustment to rates reflects the lasted updates to the rating roll and the separate “making of rates” report in the agenda.

 

 

CONSULTATION:

 

The budget development team lead by Craig Doolan, Manager of Finance. 

 

Frances Milne, Finance Assistant co-ordinated the review of fees and charges and produced the draft document and Chris Wills, Rates Officer produced the rates modelling and calculations.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Revenue Policy contains fees and charges that support activities involving environmental investigations, work, reporting and compliance activities.

 


Social

 

The Revenue Policy contains fees and charges that support community services and not for profit organisations.

 

Economic

 

The Revenue Policy contains fees and charges that support economic development activity.

 

Risk

 

Service levels and asset management practices inherently reflect the risk appetite of Council.  Both of these are established as part of the IPR process.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets 

 

Impacts are detailed in the Operational Plan and Long Term Financial Plan

 

Source of fund and any variance to working funds

 

The Revenue Policy relates to income to Council

 

Service level changes and resourcing/staff implications

 

It is not expected that the Draft Revenue Policy will alter service levels or future resourcing.

 

Attachments:

1

22866/2017 - DRAFT 2017-18 Fees  Charges (External) V3

 

  


Ordinary Council Meeting - 29 June 2017

Draft Revenue Policy (Fees and Charges)