NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

15 March 2018

 

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 - 15 March 2018

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 22 February 2018................................................................................ 7

5        NOTICES OF MOTION

5.1     NOTICE OF MOTION - SF922 - Request for consideration of provision of a Memorial Wall - Scotts Head.............................................................................................................................. 21

5.2     NOTICE OF MOTION - Report into the functioning of the Visitor Information Centre............ 22  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 23

9.2     Draft Regulations for Joint Organisations........................................................................ 28

9.3     Proposed Mobile Phone Base Station (Monopole Tower) - Lot 6 DP 259513 - close to corner of Valla Beach Road and Giinagay Way....................................................................................... 63

9.4     LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation.......................... 80

9.5     Development Applications greater than 12 months or where submissions received -  to 7 March 2018.................................................................................................................................... 132

9.6     Results of the exhibition of amendments to Development Control Plan 2010 including the Valla Urban GRowth Area................................................................................................................ 135

9.7     Results of Investigation - Notice of Motion White Albatross Caravan Parking and flooding 407

9.8     2018 February - Approved Construction and Complying Development Certificates........... 410

9.9     2018 February - Development and Complying Development Applications Received......... 414

9.10   Council Ranger's Report February 2018.......................................................................... 417

9.11   Request for Donation - Bowraville Central School........................................................... 419

10      Assistant General Manager Corporate Services Report

10.1   Investment Report to 28 February 2018.......................................................................... 423

10.2   Talarm Hall Committee of Management - Extraordinary Meeting....................................... 429

10.3   Taylors Arm Hall Committee of Management - Annual General Meeting - 14 December 2017 432

10.4   Schedule of Council Public Meetings 2018..................................................................... 437

11      Assistant General Manager Engineering Services Report

11.1   Tender T521718MNC for the Provision of Traffic Control Services for the period 1 April 2018 to the 31 Mach 2020.................................................................................................................... 438

11.2   Tender T381718MNC for the Supply of Ready Mix Concrete for the period 1 January 2018 to 31 December 2019............................................................................................................ 442

11.3   Tender REGPR0511718 for the Supply and Installation / Supply Only of Road Safety Barrier Systems for the period 1 April 2018 to 31 March 2020.................................................................. 445

11.4   Minutes of the Vehicular Access to Beaches Committee - 16 February 2018..................... 449

11.5   Surf Life Saving Report - March 2018............................................................................. 456

11.6   Request for a Temporary Road Closure - Scotts Head Food and Wine Festival 2018........ 483

11.7   Water Quality Management - Options for addressing risk to water consumers with Chlorine contact times lower than recommended levels............................................................................ 486

11.8   Compulsory Acquisition of Lots 1 - 4 in DP 1186582 and Easement for Services over Lot 5 in DP 1186582 Wallace Street Macksville................................................................................. 490    

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

12.1   Tender T521718MNC Provision of Traffic Control Services for the period 1 April 2018 to 31 March 2020

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

 

12.2   Tender T381718MNC for the Supply and Delivery of Ready Mix Concrete for the period 1 January 2018 to 31 December 2019

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

 

12.3   Tender REGPRO511718 for the Supply and Installation / Supply Only of Road Safety Barrier Systems for the period 1 April 2018 to 31 March 2020

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 22 February 2018

The following document is the minutes of the Ordinary Council meeting held 22 February 2018.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 15 March 2018 and therefore subject to change.  Please refer to the minutes of 15 March 2018 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)

Clint Fitzsummons (Acting AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

Heather Leclercq (Minute Secretary)

 

 

 

APOLOGY

 

Paul Gallagher (AGM Engineering Services)

 

 

 

PRAYER

 

Father Shelwin Fernandez (Catholic Church), offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Mr Michael Coulter, General Manager declared a non-pecuniary significant conflict of interest in Item 10.14 DA’s Greater than 12 months or where submissions have been received under the Local Government Act as a neighbour and objector to DA2017/272 is a member of his voluntary Surf Life Saving Patrol at the Macksville-Scotts Head Surf Lifesaving Club.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 8 February 2018

49/18 RESOLVED: (Wilson/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 8 February 2018 be confirmed.

 

 

 

 


 

NOTICE OF MOTION - CR Jones

ITEM 5.1      SF2433              220218      NOTICE OF MOTION - Tip Vouchers for rubbish collecting volunteers with the community

50/18 RESOLVED: (Jones/Jenvey)

 

That the volunteer rubbish collectors be able to contact Council’s day staff to arrange nominated pick up points.

 

 

 

 

Notices of Rescission

ITEM 6.1      SF794                220218      NOTICE OF RESCISSION - ITEM 9.3 SF1398 080218 Community Development at Nambucca Shire Council and Impact of Reform of Department of Family and Community Services Funding

Motion:      (Smyth/Jenvey)

 

1        That the resolution passed by Council on 8 February 2018 in relation to Item 9.3 – SF1398 080218 COMMUNITY DEVELOPMENT AT NAMBUCCA SHIRE COUNCIL AND IMPACT OF REFORM OF DEPARTMENT OF FAMILY AND COMMUNITY SERVICES FUNDING – be rescinded.

 

2        That Council note and endorse the assessment of capacity to deliver services under the Targeted Earlier Intervention program which is reforming Department of Family and Community Services funding.

 

3        That Council negotiate service delivery with the Department of Family and Community Services under the new Targeted Earlier Intervention funding; Council advise the Department that the preferred realm within which Council is best placed to deliver services is the Community Strengthening stream with Service Options 1, 2 or 3.

 

4        That Council receives a further report on negotiations under the Transition Phase.

 

51/18 Resolved: (Smyth/Jenvey)

 

That a division be called.

 

For the motion:               Crs Ballangarry, Jenvey, Jones, Smyth

                                      (Total 4)

 

Against the motion:         Councillors Hoban, Ainsworth, Finlayson, Reed, Wilson

                                      (Total 5)

 

The Rescission Motion was LOST.

The Mayor requested it be recorded that she did not support diverting funding from indigenous or community organisations to employ Council staff.

 

 

 

  


 

52/18 Resolved: (Reed/Ainsworth)

 

That Item 10.4 Proposed Sites for Reverse Vending Machines to Claim Container Deposits be brought forward.

 

 

 

Mr Jeremy Melder addressed Council on the proposed Reverse Vending Machines to claim container deposits.

 

 

ITEM 10.4    SF2449              220218      Proposed Sites for Reverse Vending Machines to Claim Container Deposits

53/18 RESOLVED: (Reed/Ainsworth)

 

That the Mayor, General Manager and Civic Services Coordinator be provided with delegated authority to enter into an agreement with the network operator for the Return and Earn Scheme, Tomra Cleanaway Pty Ltd, for the placement of container deposit reverse vending machines in Nambucca Heads and Macksville.

 

 

 

54/18 Resolved: (Jenvey/Ainsworth)

 

That Item 10.15 Minutes of the Clean Energy Committee Held 7 February 2018 be brought forward.

 

 

 

 

ITEM 10.15   SF2278              220218      Minutes of the Clean Energy Committee Held 7 February 2018

Motion:      (Smyth/Jenvey)

 

1        That Council endorse the minutes of the 7 February 2018 Clean Energy Committee meeting.

 

2        That Council staff investigate if any Council owned land is suitable for a mid-scale solar PV installation.

 

3        That funds from the Environmental Levy be allocated in 2018-2019 to fund developing a Renewable Energy and Carbon Emissions Reduction Plan.

 

4        That Council install solar PV panels at either:

 

a)       the River Street Treatment Works, STW Tertiary Transfer Pump, River Street, Nambucca Emergency Management Centre and the Works Depot; or

b)       the Bowraville Dam and Macksville Library with specifications as per Page 14 of the Julien Freed Consulting Report

 

5        That Council develop a plan to implement solar PV panel installation on Council’s assets

 

6        That Council’s five key actions under the Cities Power Partnership be as follows:

 

a)       Install renewable energy (solar PV and battery storage) on council buildings, for example libraries, street lighting, recreation centres, sporting grounds, and council offices. Set targets to increase the level of renewable power for council operations over time.

b)       Open up unused council managed land for renewable energy, for example landfills, and road reserves.

c)       Roll out energy efficient lighting (particularly street lighting) across the municipality.

d)       Provide fast-charging infrastructure throughout the area at key locations for electric vehicles.

e)       Implement an education and behaviour change program to influence the behaviour of Council officers, local residents and businesses within the municipality to drive the shift to renewable energy, energy efficiency and sustainable transport.

 

 

Amendment:       (Ainsworth/Reed)

 

1        That Council note the minutes of the Clean Energy Committee on 7 February 2018 meeting.

2        The Clean Energy Committee come back to Council with a draft budget as to the costs of the major proposals in their plan and Council staff have input into the feasibility of placing these devices prior to implementing the recommendations.

 

Amendment is carried and became the MOTION.

 

55/18 Resolved: (Ainsworth/Reed)

 

1        That Council note the minutes of the Clean Energy Committee on 7 February 2018 meeting.

2        The Clean Energy Committee come back to Council with a draft budget as to the costs of the major proposals in their plan and Council staff have input into the feasibility of placing these devices prior to implementing the recommendations.

 

 

 

 

56/18 Resolved: (Wilson/Ainsworth)

 

Item 10.14 Development Applications greater than 12 months or where submissions received -  to 14 February 2018 be brought forward.

 

 

 

Mr Michael Coulter left the meeting before the commencement of this item, the time being 6:51 PM.

 

ITEM 10.14   SF2423              220218      Development Applications greater than 12 months or where submissions received -  to 14 February 2018

57/18 RESOLVED:          (Wilson/Ainsworth)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 10 January 2018 be noted by Council.

 

 

 

 

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 6:53 PM.

 

 

Councillor Rhonda Hoban left the meeting due to illness before the commencement of this item, the time being 6:54 PM and the Deputy Mayor, Councillor Ballangarry OAM became Chairperson.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

 

General Manager Report

ITEM 10.1    SF959                220218      Outstanding Actions and Reports

58/18 RESOLVED: (Jones/Wilson)

 

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

 

 

 

 

ITEM 10.2    SF66                  220218      Council Reporting on Service Delivery - Auditor General's Performance Audit of NSW Councils

59/18 RESOLVED: (Reed/Finlayson)

 

That the information concerning the NSW Auditor-General’s report on Council Reporting on Service Delivery be received.

 

 

 

 

ITEM 10.3    SF775                220218      Arts Mid North Coast Annual Subscription

MOTION:      (Jenvey/Smyth)

 

That Council make provision in its 2018/2019 operational plan for a subscription to Arts Mid North Coast Inc. of $7,190 plus GST.

 

 

Amendment:       (Ainsworth/Finlayson)

 

That the amount of funds forwarded to Arts Mid North Coast Inc be the same as last year plus rate pegging.

 

The amendment was Lost.

 

Amendment:       (Reed/Ainsworth)

 

That Council advise Arts Mid North Coast Inc that Council will restrict the increases of annual subscriptions to rate pegging for that year and that staff report back to Council on other areas where similar action may be taken.

 

The amendment was Lost as the Deputy Mayor did not use his casting vote and reverted back to the original motion.

 

60/18 Resolved: (Jenvey/Smyth)

 

That Council make provision in its 2018/2019 operational plan for a subscription to Arts Mid North Coast Inc. of $7,190 plus GST.

 

 

 

 

Item 10.4 was dealt with earlier.

 

 

ITEM 10.5    SF2064              220218      Use of Macksville Senior Citizens Hall by the Nambucca District Band

61/18 RESOLVED: (Jones/Reed)

 

That Council waive hire charges for the Nambucca District Band’s use of the Macksville Senior Citizens Centre.

 

 

 

 

ITEM 10.6    SF578                220218      Inquiry into Zonal Taxation

62/18 RESOLVED: (Finlayson/Ainsworth)

 

That Council respond to the Inquiry into Zonal Taxation as per the responses to the issues listed 1-5 in the report.

 

 

 

 

ITEM 10.7    SF435                220218      Briefing on the Renewal of the NSW Regional Forest Agreements

MOTION:      (Finlayson/Ainsworth)

 

That Council make a submission to the Department of Primary Industries on the extension of the North East Regional Forest Agreement registering its objection to a new 20 year agreement being entered into without any provision for the payment of local government rates on State Forests despite the fact they are a commercial enterprise; cause significant damage to council roads and bridge networks; and provide unfair competition to private forestry which does pay rates.

 

 

Amendment:       (Jenvey/Smyth)

 

1        That Council make a submission to the Department of Primary Industries on the extension of the North East Regional Forest Agreement registering its objection to a new 20 year agreement being entered into without any provision for the payment of local government rates on State Forests despite the fact they are a commercial enterprise; cause significant damage to Council roads and bridge networks; and provide unfair competition to private forestry which does pay rates.

 

2        That Council object to the Regional Forest Agreements because proper scientific, social and economic outcomes have not been assessed.

 

The amendment was carried and Deputy Mayor exercised his casting vote and amendment became the motion.

 

 

63/18 Resolved: (Jenvey/Smyth)

 

1        That Council make a submission to the Department of Primary Industries on the extension of the North East Regional Forest Agreement registering its objection to a new 20 year agreement being entered into without any provision for the payment of local government rates on State Forests despite the fact they are a commercial enterprise; cause significant damage to council roads and bridge networks; and provide unfair competition to private forestry which does pay rates.

 

2        That Council object to the Regional Forest Agreements because proper scientific, social and economic outcomes have not been assessed.

 

 

 

 

ITEM 10.8    SF2329              220218      Minutes of Business Advisory Committee Meeting Held 7 February 2018

Motion:      (Reed/Wilson)

 

That Council allocate $20,000 from working funds for the provision of murals in Wallace Lane, Macksville.

 

 

Amendment:       (Smyth/Jones)

 

1        That Council allocate $20,000 from working funds for the provision of murals in Wallace Lane, Macksville.

 

2        That the Business Advisory Committee seek comment from the Bowraville and the Nambucca Heads and Valla Chambers of Commerce asking if there is interest in providing murals in Bowraville and Nambucca Heads CBDs. If there is interest, then a provision of $20,000 be made for each town in the 2018/2019 budget.

 

The amendment was carried and became the motion.

 

64/18 Resolved: (Smyth/Jenvey)

 

1        That Council allocate $20,000 from working funds for the provision of murals in Wallace Lane, Macksville.

 

2        That the Business Advisory Committee seek comment from the Bowraville and the Nambucca Heads and Valla Chambers of Commerce asking if there is interest in providing murals in Bowraville and Nambucca Heads CBDs. If there is interest, then a provision of $20,000 be made for each town in the 2018/2019 budget.

 

 

 

 

7.55 pm - 8.27 pm the meeting adjourned for dinner.

 

 

 

ITEM 10.9    SF2397              220218      Macksville Memorial Aquatic Centre Master Plan

65/18 RESOLVED: (Reed/Jones)

 

1        That Council note an expression of interest under the Regional Sports Infrastructure Fund for funding the implementation of the Macksville Memorial Aquatic Centre Master Plan including the heating of the 50m Olympic pool will be lodged by Council staff.

 

2        That subject to the consideration by King & Campbell of the feedback which has been provided on the Master Plan that Council formally adopt the concept Master Plan for the ongoing development of the facility.

 

 

 

 

ITEM 10.10   SF661                220218      Easy To Do Business - Partnership with Service NSW

66/18 RESOLVED: (Finlayson/Reed)

 

1        That Council delegates authority to the General Manager to enter into a contract with Service NSW for Easy to do Business.

 

2        That any necessary documents be authorised for execution under the Common Seal of Council.

 

 

 

 

ITEM 10.11   SF979                220218      Impact on the permissible uses of land adjoining the proposed Great Koala National Park

67/18 RESOLVED: (Ainsworth/Reed)

 

That the advice received be noted.

 

 

 

 

ITEM 10.12   DA2017/263        220218      Development Application DA2017/263

68/18 RESOLVED: (Finlayson/Ainsworth)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2017/263 for a five lot subdivision of Lot 11 DP 1225830 – 501 Old Coast Road, North Macksville, subject to the schedule of conditions outlined in attachment 2 of this report.

 

For the motion:                         Crs Ainsworth, Ballangarry, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson

                                      (Total 8)

 

Against the motion:         Councillors NIL

                                      (Total 0)

 

 

 

 

ITEM 10.13   DA2017/270        220218      Development Application DA2017/196 - Use of Building as Secondary Dwelling

69/18 RESOLVED: (Smyth/Jenvey)

 

That the application be approved subject to the conditions contained in Attachment 2.

 

For the motion:                         Crs Ainsworth, Ballangarry, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson

                                      (Total 8)

 

Against the motion:         Councillors NIL

                                      (Total 0)

 

 

 

 

Item 10.14 was dealt with earlier.

 

 

 

Item 10.15 was dealt with earlier.

 

 

 

ITEM 10.16   SF25                  220218      Request for Donation - Valla Beach Community Playgroup

70/18 RESOLVED: (Reed/Jenvey)

 

That Council approve a Section 356 donation of $1000, from the Donations Budget 2017/2018, to assist the Valla Beach Community Playgroup with installation of a shade sail on the side of the Valla Beach Community Hall.

 

 

 

 

ITEM 10.17   SF1148              220218      Council Ranger's Report January 2018

71/18 RESOLVED: (Ainsworth/Reed)

 

That the Council’s Ranger’s report for January 2018 be received and noted by Council.

 

 

 

 

ITEM 10.18   SF2423              220218      2018 January - Approved Construction and Complying Development Certificates

72/18 RESOLVED: (Wilson/Ainsworth)

 

That the Construction and Complying Development Certificates approved for January 2018 be noted and received for information by Council.

 

 

 

 

ITEM 10.19   SF2423              220218      2018 January - Development and Complying Development Applications Received

73/18 RESOLVED: (Ainsworth/Finlayson)

 

That the Development Applications and Complying Development Applications received in January 2018 be received for information.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 11.1    SF337                220218      Request to Extend the Playground at Taylors Arm Reserve

74/18 RESOLVED: (Reed/Ainsworth)

 

That Council approve an additional $7,500 for the renewal of the play equipment at the Taylors Arm Sports Reserve.  The additional funding to be applied to extending the soft fall area.  That the additional allocation be sourced from working funds.

 

 

 

 

ITEM 11.2    SF2360              220218      Quarterly Budget Review December 2017

75/18 RESOLVED: (Ainsworth/Finlayson)

 

1        That the budget review for the quarter ended 31 December, 2017 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2017/2018.

 

 

 

 

ITEM 11.3    SF2368              220218      Investment Report to 31 January 2018

76/18 RESOLVED: (Jones/Ballangarry)

 

That the Accountant’s Report on Investments placed to 31 January 2018 be noted.

 

 

 

 

ITEM 11.4    SF251                220218      Schedule of Council Public Meetings 2018

77/18 RESOLVED: (Reed/Wilson)

 

That the schedule of dates for Council meetings in 2018 be noted and received for information by Council.

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 12.1    SF1031              220218      Review of Engineering Services Policies

78/18 RESOLVED: (Ainsworth/Finlayson)

 

1        That Council note the review and endorse the following Engineering Services policies with the exception of the Water Supply Policy and the Waste Collection Service Availability Conditions Policy because there are outstanding reports to Council in relation to them:

 

·        Trees and Street Gardens (Our Ref 13154/2013)

·        Pressure Sewerage (Our Ref: 22015/2016)

·        Sewerage - Building In The Vicinity Of Sewers (Our Ref: 26055/2012)

·        Easements for Sewerage, Water and Stormwater Pipelines (Our Ref: 26057/2012)

·        Water Supply Policy (Our Ref: 17106/2015)

·        Road Signage On Public Land (Our Ref: 12436/2013)

·        Roadside Maintenance (Our Ref: 25823/2007)

·        Erection of Public Gates and Motor Bypass (grids) (Our Ref: 18220/2008)

·        Procurement of Goods and Services Policy (Our Ref: 2610/2008)

·        Bridge Services Level (Our Ref: 13327/2014)

·        Tree Vandalism (Our Ref: 13553/2012)

·        Memorials on Council controlled lands (Our Ref: 941/2010)

·        Bushfire buffer on public land Policy (Our Ref: 25165/2007)

·        Smoke Free Outdoor Areas (Our Ref: 13836/2010)

 

2        That Council note the review and endorse the minor amendments (highlighted in red) to the Waste Collection Service Availability Conditions Policy (Our Ref: 47228/2017 to replace 32471/2008).

 

2        Note that further policies will be provided in 2018.

 

 

 

 

ITEM 12.2    SF1676              220218      2017-18 Capital Works Program Monthly Report

79/18 RESOLVED: (Ainsworth/Finlayson)

 

1        That Council receive and note the information pertaining to the progress of the 2017/2018 Capital Works Program for February 2018.

 

2        That Council allocate an additional $75,000 from working funds to WO3090 South Bank Road to cover the over expenditure on the project attributed to substantial rework with adverse weather conditions experienced over the duration of the project.

 

3        That Council reallocate the funding of $301,400.00 to WO3202 Bellingen Road (stage three) to the Bellingen Road stage four project (Tallowood School to Blackberry Lane) due to the cattle underpass not being constructed and that funding be allocated for stage three in the 2018/19 budget following the installation of the cattle underpass.

 

4        That Council reduce the 2017/18 budget allocation for WO3085 Lanes bridge to $300,000 and place the remainder $700,000 Council funding into a restricted bridge reserve for completion of the bridge works in the 2018/19 financial year; noting that $1M is Federally funded under an agreement and paid on milestones which will occur in the 2018/19 financial year; and $500,000 is State funded and the agreement for this funding is still to be provided to Council and signed.

 

5        That Council allocate an additional $25,000.00 from working funds to WO3249 Bellwood Park Shade Centre to complement the grant received and cover the total cost of the shade shelter and foundations.

 

6        That Council note the additional funding has been provided by the RFS for the station extension at Eungai WO3235 to increase the allocation to $180,000 and the forecast that it may not be fully competed at 30 June due to the timeframe of the funding announcement and the time required to tender and report to Council in accordance with the tender guidelines.

 

7        Council note the Coordinator Strategic Planning and Natural Resources on the 8 February 2018 pertaining to the progress projects within this section of Council and contained in 2017/2018 Capital Works Program report expenditure for February 2018 with a forecast of uncompleted works.

 

 

 

 

ITEM 12.3    SF90                  220218      Nambucca Shire Traffic Committee Meeting Minutes - 6 February 2018

80/18 RESOLVED: (Ainsworth/Ballangarry)

 

1        That Council receive and note the agenda and minutes emanating from the Nambucca Shire Traffic Committee held on the 6 February 2018.

 

2        That Council approve a request from the Scotts Head Events Committee of Management to the temporary road closure of the following streets on 22 April 2018 as part of the Scotts Head Food, Wine, Music and Art Festival:

 

Short Street from Adin Street to Ocean Street                8.00am to 7.00pm

Ocean Street         from Short Street to 7 Ocean Street            8.00am to 7.00pm

 

          noting that Council advertise the road closures seven (7) days prior to the Scotts Head Food, Wine, Music and Art Festival.

 

2        That Council relocate one disabled car parking bay at Shelly Beach to a space next to the hatched area adjacent to the new pedestrian beach access.

 

3        That Council install a STOP sign and supplementary stop line at the intersection of Egan Street and Egan Lane, North Macksville

 

4        That Council install traffic counters to gauge traffic volumes to determine long term treatment at the intersection of River Street and Cooper Street Macksville following the opening of the highway bypass.

 

 

    


 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

81/18 Resolved: (Ainsworth/Reed)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 13.1    SF600                220218      Purchase of Property for the Nambucca Heads Men's Shed

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) (d) 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; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.11 pm.

 

 

 

RESUME IN OPEN MEETING

82/18 RESOLVED: (Jones/Reed)

 

That Ordinary Council Meeting resume in Open Meeting.  The Ordinary Council Meeting resumed IN OPEN MEETING at 9.27 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

 


 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 13.1    SF600                220218      Purchase of Property for the Nambucca Heads Men's Shed

83/18 RESOLVED: (Reed/Wilson)

 

That Council provide the Mayor, General Manager and Manager Business Development with delegated authority to acquire the site nominated in the report for use in part by the Nambucca Heads Men’s Shed.

 

 

 

 

 

 

CLOSURE

 

There being no further business the Deputy Mayor then closed the meeting the time being 9.30 pm. 

 

Confirmed and signed by the Mayor and Deputy Mayor on 15 March 2018.

 

 

 

 

 

Cr Rhonda Hoban and Cr Martin Ballangarry OAM

MAYOR AND DEPUTY MAYOR

(CHAIRPERSONS)

 

     


Ordinary Council Meeting                                                                                                  15 March 2018

Notice of Motion

ITEM 5.1      SF2433            150318         NOTICE OF MOTION - SF922 - Request for consideration of provision of a Memorial Wall - Scotts Head

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

Scotts Head and surrounds is a growing community with a population in excess of one thousand people and is almost 20 kilometres from Macksville. I have been asked whether it might be possible to have constructed in Scotts Head some form of memorial wall perhaps similar to the columbarium walls located in our cemeteries. Many residents choose to have their ashes spread at sea or from the beach or headland at Scotts Head but there is currently no local cemetery or provision for placement of memorial plaques. Council’s current policy in relation to memorials does not allow for items such as memorial benches or plaques on rocks and it has been suggested that a more formal provision of a memorial wall could be considered.

 

 

Recommendation:

 

That Council receive a report on the feasibility and options for the provision of a memorial wall at Scotts Head. 

 

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  15 March 2018

Notice of Motion

ITEM 5.2      SF2433            150318         NOTICE OF MOTION - Report into the functioning of the Visitor Information Centre

 

AUTHOR/ENQUIRIES:    David Jones, Councillor         

 

Summary:

 

Council entered into an agreement with an external organisation to run the Visitor Information Centre. It has been over 8 months since this transition and as such a timely moment for an update as to the success or otherwise of the move.

 

 

Recommendation:

 

That Council receive a brief update into the transition of the Visitor Information Centre.

 

 

 

 

General Managers comment:

 

There will be an expectation of consultation with stakeholders.  This can occur in the preparation of the report or alternatively via delegations to the meeting.  The consultation requirements will mean that the work required is unlikely to be “brief”.

 

 

Attachments:

There are no attachments for this report.        


Ordinary Council Meeting                                                                                                  15 March 2018

General Manager

ITEM 9.1      SF959              150318         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.

 

21/1/18 – aim to have a report to the next Estuary Committee meeting in March 18.  Also propose that the policy be referred to the next meeting of the Clean Energy Committee.

 

AUGUST 2015

2

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

3

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

 

4/12/17 – awaiting effect of highway closure

 

10/01/18 – Will be reported to Council in February.

 

31/01/18 – Pending negotiations with the RMS on the highway handover.

 

 

JANUARY 2017

4

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.

 

11/01/18 – Flora and Fauna report completed. Item removed from subject planning proposal to prevent delay in finalisation of housekeeping amendments.  It will be included in upcoming planning proposal to be presented to Council in 2018.

 

MARCH 2017

5

SF2230

16/03/17

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

 

AGMCS

18/3/17 – Report late 2017

 

06/12/17 – Report to be presented in 2018 following receipt of draft IWCMP.

 

 

MAY 2017

6

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

 

18/10/17 - Deferred to December due to workload.

 

06/12/17 - Deferred to 2018 due to workload.

 

 

JUNE 2017

7

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

 

15/7/17 - Delayed due to EOFY priorities.  Report in August 2017

 

/8/17 – Due to statements further delayed until September 2017.

 

20/09/17 - Report in October 2017.

 

14/10/17 - Deferred to return of AGMCS from leave.

 

10/01/18 - Report to Council in February 2018. Staff to be consulted.

 

14/2/18 – Report near in completion.

 

8

SF2290

15/06/17

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

 

GM

Report in November 2017.

 

22/11/17 - Deferred to January 2018 due to workload.

 

10/01/18 – CSPNR on leave.  Will need to be deferred to Feb/March 2018.

 

SEPTEMBER 2017

9

SF2293

28/09/17

Council approach the Hon Melinda Pavey and request that the control of Casey Drive be handed to Council and further that Minister be asked to reconsider handing control of the Soccer field adjacent Casey at no cost.

 

GM

04/10/17 – Pending

 

31/10/17 – further representations made to the Member for Oxley and Minister for Roads, Maritime and Freight.

 

10

SF2319

28/9/17

A reviewed policy on fleet replacement be provided to Council which considers electric cars.

 

AGMES

04/10/17 – Report will be presented to Council in January 2018.

 

10/01/18 – Deferred due to April 2018 due to workload.

 

OCTOBER 2017

11

SF2381

26/10/17

Council staff prepare a planning proposal to make horticulture permissible with consent in the R5 zone et al.

A report come back on a revision of the DCP to incorporate appropriate standards for horticulture in the R5 zone et al.

 

GM

Planning proposal for gateway determination to be prepared.

 

11/01/18 – Report to be presented to Council by March 2018.

12

SF2329

26/10/17

There be a report on amending Council’s policy on Urban and Rural Road Naming to incorporate the recommendation of the Business Advisory Committee for dual road naming.

 

AGMES

7/11/2017 - Policy to be reviewed and reported back to Council in March 2018 with other policy reviews.

NOVEMBER 2017

13

SF2303

30/11/17

Council receive a report on the possibility of providing a dedicated small dog park at one of the suggested locations in Nambucca Heads.

 

GM

Report February 2018

 

Due to the resignation of the Ranger the report will need to be deferred.

 

Report in March 2018.

 

07/03/18 – New Ranger has commenced and will be reported in April 2018.

 

14

SF2303

30/11/17

Council investigate grant funding to assist with the flooding issues at the White Albatross Holiday Centre.  Council investigate the possibility of reducing or redirecting storm water flow from Parkes Street above.  That the results of the investigations and a brief overview of the current Council requirements for placement of manufactured homes on flood prone land be reported to Council.

 

GM

Report February 2018

 

Due workload deferred to March 2018.

 

15

 

30/11/17

Council explore further options for domestic waste removal from the Burrapine area.

 

AGMES

Report February 2018.

 

06/03/18 - Council have sought a route assessment from the contractor and are awaiting advice from the contractor with regards to an assessment of the route and whether it is safe to provide a waste collection service to the Burrapine area, their WHS assessment will determine whether a service can be provided and an alternative collection points considered.

 

16

 

30/11/17

Council receive a report on the setup of water supply and septic at the Taylors Arm Sports Reserve and include other issues raised by Mr Vassalo.

 

AGMES

Report March 2018.

 

07/03/18 – Report in April 2018.

17

SF2418

30/11/17

Council receive a report on comparative price and availability of industrial land in neighbouring councils.

 

GM

Report in February 2018.

 

Deferred due to March 2018.

 

07/03/18 – MBD has instructed Valuer to provide figures in association with evaluation with developed industrial land in the Valla Growth area.

DECEMBER 2017

18

SF600

14/12/17

The request by Lesley Flanders to purchase land west of the Bowraville Racecourse be deferred pending advice from Ms Gillin and be listed for a site inspection.

 

GM

Awaiting further advice.

 

 

JANUARY 2018

19

SF2433

18/1/18

Overnight camping in Ferry Street – a review be undertaken and that nearby residents, the Chamber of Commerce, businesses and Nambucca Valley Tourism Association be involved in the process.

 

GM

Report in March 2018.

 

07/03/18 – consultation period has concluded.  Report in April 2018.

20

SF1631

18/1/18

The report on addressing risk to water consumers with chlorine contact times lower than recommended be deferred with a further report to come to Council.

 

AGMES

31/01/18 – Report back to Council in March 2018.

21

SF979

18/1/18

(Great Koala National Park) That if and when further information relating to the KPMG report, State Labor Policy or a transition package come forward, they be reported to Council.

 

GM

Awaiting further information.


 

22

SF2354

18/1/18

That senior management report back with recommended actions to address the key findings in the Australasian LG Performance Excellence Report.

 

GM

Report March 2018.

 

14/2/18 - Awaiting comparative report for Mid Coast councils – will report in April 2018.

FEBRUARY 2018

23

SF1398

8/2/18

Council receives a further report on negotiations under the Transition Phase (of the reform of Dept. of Family & Community Services funding).

GM

Report by 31 December 2018.

 

07/03/18 – arrangements are being made for FACS to attend a Council Workshop to discuss the matter.

24

SF688

8/2/18

Council staff report on feasibility of erecting a plank style sign … along Deep Creek in Valla Beach … with information on ICOLLS and the Deep Creek entrance management policy… that a draft sign be brought back to Council.

 

GM

Report in March 2018.

 

07/03/18 - Proposals for the content of the signage to be received.

 

Report in April 2018

25

SF453

8/2/18

Council receive a report in relation to the feasibility to providing a household chemical collection event with the EPA to enable people to dispose of oil filled heaters.

 

AGMES

14/2/2018 – Report in April 2018.

26

SF2278

22/2/18

The Clean Energy Committee come back to council with a draft budget as to the costs of the major proposals in their plan and Council staff have input into the feasibility of placing these devices prior to implementing the recommendations.

 

GM

07/03/18 – Report in April 2018.

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                  15 March 2018

General Manager's Report

ITEM 9.2      SF42                150318         Draft Regulations for Joint Organisations

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Office of Local Government has extended the period by which councils must submit nominations to be part of a JO to 23 March 2018.  They have also released draft regulations for comment by 16 March.

 

The proposed regulations in applying some sections of the Local Government Act and not others seem unnecessarily stifling.  In particular the intention to exclude provisions conferring land acquisition powers from applying to joint organisations will inhibit their potential.

 

In the drafting of local government legislation in NSW it often seems to be the case that it dwells too much on potential risks rather than a more liberal approach which champions opportunity.  The Government will not achieve a dynamic, “fresh thinking” local government sector if it continues to be so prescriptive in legislation that opportunities for innovation are stifled.

 

 

Recommendation:

 

That Council make a submission to the Office of Local Government on the proposed regulations for Joint Organisations advising:

 

1        That the proposal to exclude provisions conferring land acquisition powers from applying to joint organisations is not supported for the reason that those powers may be required where councils and the JO agree on the JO carrying out particular functions as a delegate of the councils.

 

2        That in general terms the preferred approach to the regulations for Joint Organisations should be to apply the provisions of the Local Government Act and the Local Government (General)           Regulation except where those provisions are specifically      supplanted by the provisions of the Joint Organisation Act and Regulation.

 

3        That LGNSW be advised of Council’s position.

 

 

OPTIONS:

 

The Council has the option of making or not making a submission on the proposed regulations for the operation of Joint Organisations.  The content of any submission is a matter for the Council.

 

 

DISCUSSION:

 

Council has received the attached circular from the Office of Local Government concerning consultation on draft regulations to support Joint Organisations (JO’s).  The opportunity for comment on the draft regulations closes on Friday 16 March 2018 (the day following this Council meeting).

 

The Circular also announces an extension of the period by which councils must submit nominations to be part of a JO to 23 March 2018.

 

The circular refers to a Regulation Consultation Guide which is attached.  The draft regulations themselves are also attached.

 

Most of the matters covered by the draft regulations are fairly operational and unlikely to be contentious.

 

The notable provisions are:

 

·      Each JO charter is to include a methodology for determining annual financial contributions

·      The JO can have a voting (or non-voting) Mayor as Chair

·      The term for the Chairperson is 2 years

·      A voting Chair does not have a casting vote.  In the event of an equality of votes the motion is lost.

·      There is provision for the appointment of alternates.  The Deputy Mayor is the standing alternate.

·      Board meetings may be conducted via videoconference or teleconference

 

Appendix B and C of the Regulation Consultation Guide seeks to identify which provisions of the Local Government Act 1993 will also apply to JO’s.

 

Page 5 of the Regulation Consultation Guide notes that where a JO is delegated a function by its member councils, then dis-applied provisions will apply to the JO in carrying out those functions as delegate of the councils.  This will cover the scenario where Councils agree to delegate some function to be undertaken by the JO.

 

Notwithstanding it is queried why the Regulations have sought to limit the powers JO’s regardless of the fact that it is open for councils in the JO to delegate functions to the JO.

 

For example the Explanatory note to the Regulation indicates the intention to exclude provisions conferring land acquisition powers from applying to joint organisations.  If Councils and the JO agree to delegate a function to the JO which may require from time to time the acquisition of land then it is queried why this should not be facilitated.  It is already the case in the Hunter Councils that their regional organisation of council has purchased land from which they operate a number of businesses.

 

The preferred approach to the regulations for Joint Organisations would be to generally apply the provisions of the Local Government Act and the Local Government (General) Regulation except where those provisions are specifically supplanted by the provisions in the Local Government (Amendment) Regional Joint Organisations Act 2017 and Regulation.  This will be the best way to foster “fresh thinking” about the opportunities Joint Organisations might provide for improved efficiency and effectiveness in collaboration with the State agencies and in the delivery of local government services.

 

 

CONSULTATION:

 

The matter has been discussed with the Assistant General Manager Corporate Services.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

In the drafting of local government legislation in NSW it often seems to be the case that it dwells too much on potential risks rather than a more liberal approach which champions opportunity.  The Government will not achieve a dynamic, “fresh thinking” local government sector if it continues to be so prescriptive in legislation that opportunities for innovation are stifled.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no service level or resourcing/staff implications.

 

Attachments:

1

5754/2018 - Supporting JO Circular

 

2

5755/2018 - JO Regulation Consultation Guide

 

3

5758/2018 - Joint Organisations Regulation 2018

 

  


Ordinary Council Meeting - 15 March 2018

Draft Regulations for Joint Organisations

 


Ordinary Council Meeting - 15 March 2018

Draft Regulations for Joint Organisations

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 15 March 2018

Draft Regulations for Joint Organisations

 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                  15 March 2018

General Manager's Report

ITEM 9.3      SF1015            150318         Proposed Mobile Phone Base Station (Monopole Tower) - Lot 6 DP 259513 - close to corner of Valla Beach Road and Giinagay Way

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That the information concerning the proposed mobile phone base station (monopole tower) at lot 6 DP 259513, corner Valla Beach Road and Giinagay Way be received.

 

 

OPTIONS:

 

It is open for Council to make a submission in relation to the proposal.  As Council does not have responsibility for the consultation process nor any knowledge of the alternative sites which may be suitable it is recommended that the information be received.

 

DISCUSSION:

 

Council has received that attached advice from consultants Metasite concerning a proposed mobile phone base station being a 40m monopole tower with six (6) panel antennas and two (2) 1200mm radio communication dishes to be provided close to the intersection of Valla Beach Road and Giinagay Way. 

 

The tower is being constructed by Huawei Technologies Pty Ltd as part of its national roll-out contract with Optus Mobile Pty Ltd.  Optus is undertaking an enhancement of its existing mobile phone network in Australia aimed at introducing a greater range of services for its customers.  The purpose of the base station is to provide improved mobile services for customers in the Valla Beach area.

 

Metasite advises that the facility is Complying Development under the State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010.  Therefore Council has no regulatory role in relation to the facility.  The Council does have the option of providing comment to Metasite until 21 March 2018.

 

As Council does not have responsibility for the consultation process nor any knowledge of the alternative sites which may be suitable it is recommended that the information be received.

 

CONSULTATION:

 

Metasite on behalf of Huawei Technologies and Optus are undertaking consultation in relation to a proposed new mobile phone base station at Valla Beach.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no significant environmental impact.

 

Social

 

The attitude of nearby residents is unknown.

 

Economic

 

The economic implications pertain to whatever improvement is provided in wireless communications at Valla Beach

 

Risk

 

There are no significant risks to Council.  The development has been classified as Complying Development and Exempt Development.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no implications for service levels and staff resources.

 

Attachments:

1

6263/2018 - Proposed Mobile Phone Base Station, Valla Beach

 

  


Ordinary Council Meeting - 15 March 2018

Proposed Mobile Phone Base Station (Monopole Tower) - Lot 6 DP 259513 - close to corner of Valla Beach Road and Giinagay Way

 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                  15 March 2018

General Manager's Report

ITEM 9.4      SF2460            150318         LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

This report seeks Council approval to proceed with a planning proposal to amend clause 4.2A of the Nambucca Local Environmental Plan 2010 (LEP) to ensure that the existing restrictions to the erection of dwellings within the rural and environmental protection zones apply to all development applications for dwellings within those zones.

 

This report also seeks amendments to the Nambucca Development Control Plan 2010 (DCP) including controls which regulate the establishment of horticulture development on land zoned R5 Large Lot Residential and the removal of vegetation within the Pearl Estate, Valla.

 

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

 

 

Recommendation:

 

1.   Council staff forward the planning proposal contained within attachment 1 to the Minister for gateway determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979.

 

2.   If the Minister determines that the matter should proceed, Council staff undertake community consultation in accordance with the gateway determination.

 

3.   Following community consultation, Council staff report the planning proposal back to Council for consideration of any submissions received and a final decision as to whether Council will proceed to make the planning proposal. 

 

4.   Council endorse the draft amendments to the Nambucca Development Control Plan 2010 (DCP) contained within attachment 2 and exhibit the draft DCP for 28 days pursuant to Part 3 of the Environmental Planning & Assessment Regulation 2000.

 

5.   The draft DCP be reported back to Council following the completion of the exhibition period for consideration of any submissions received and a final decision as to whether Council will proceed to amend the DCP.

 

 

OPTIONS:

 

·      Approve some or all of the recommended amendments to the LEP and DCP.

·      Modify the recommended amendments to the LEP and DCP.

·      Refuse some or all of the recommended amendments to the LEP and DCP.

 

DISCUSSION:

 

At the meeting on 26 October 2017, Council made the following resolution (527/17):

 

1           Pursuant to the section 55 of the Environmental Planning and Assessment Act 1979, Council staff prepare a planning proposal to support an amendment to the Nambucca Local Environmental Plan 2010 (NLEP 2010) which:

 

·      Removes ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential, and relocates it to ‘permitted with consent’.

 

2           That a report come back to council on a revision of the DCP to incorporate appropriate standards for Horticulture in the R5 zone.

 

3           That as requested by the NSW Department of Primary Industries (DPI) Council not amend the NLEP in relation to Horticulture in the RU1 and RU2 zones in light of the Blueberry Code of Conduct currently being developed by the Blueberry Interagency Working Group and the Australian Blueberry Growers Association (AGBA) with the support of DPI to address rural land use conflict; and the recently announced proposal by the NSW Department of Planning and Environment to implement “a package of reforms to update and improve the planning framework for primary production and rural development” which includes a new SEPP,  changes to Ministerial Planning Directions under section 117 of the Environmental Planning and Assessment (EP&A) Act 1979 and a revision of definitions and clauses in the Standard Instrument LEP. 

 

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

 

5           That if the Minister determines that the matter should proceed, Council staff undertake community consultation in accordance with section 57 of the Environmental Planning and Assessment Act 1979 and any requirements specified by the Minister.

 

6           Following community consultation, Council staff report the planning proposal back to Council for consideration of any submissions received and a final decision as to whether Council will proceed to make the planning proposal to support an amendment to NLEP 2010. 

 

The purpose of this report is to:

 

·           Include an additional amendment to the Nambucca Local Environmental Plan 2010 (LEP) in the above mentioned planning proposal prior to sending the planning proposal to the Minister for gateway determination as per item 4 of the above resolution. The additional amendment is to clause 4.2A of the LEP which relates to the permissibility of dwellings within rural and environmental protection zones and is not related to the horticulture amendment. The reasons for the amendment are outlined later in this report and within the planning proposal contained within attachment 1.

 

·           Enable Council to consider an amendment to Part F of the Nambucca Development Control Plan 2010 (DCP) as required by item 2 of the above resolution. The recommended DCP amendments have been included within attachment 2.

 

·           Enable Council to consider an amendment to Part A of the DCP to address clearing activities within the Pearl estate Valla which are contrary to the intentions of the development consent for the subdivision. The recommended DCP amendments have been included within attachment 2.

 

Planning Proposal – LEP Amendment

 

Prior to sending the planning proposal to the Minister for the amendment to the land use table of the R5 Large Lot Residential Zone as referred to in the above resolution, it is considered appropriate to include an amendment to clause 4.2A of the LEP in the same planning proposal. The reason for this is that combining the planning proposal will save staff time and enable the change to occur as quickly as possible given the implications of not making the amendment.

 

Clause 4.2A restricts the erection of dwellings within the rural and environmental protection zones to lots which meet the criteria specified within the clause. The intent of restricting dwellings in these zones to particular lots is to minimise unplanned rural residential development which create impacts such as drain on infrastructure and increased potential for land use conflict and fragmentation. The existing wording of the clause results in it only being applicable to a lot which is vacant and has had no dwelling erected on it in the past. This results in the clause not being applicable to a lot which contains an existing dwelling which has been constructed without development consent and to lots which have had dwellings erected on them but have been demolished or decommissioned as part of a development consent on an adjoining lot in the same ownership.

 

It is recommended that the wording of clause 4.2A of the LEP be amended so that it applies to all development applications seeking approval to erect or use a dwelling within the rural and environmental protection zones. This will ensure the controls within the clause are applicable to development applications seeking continued use of an unlawful dwelling. It is also recommended that the wording be amended to ensure it is permissible to erect a dwelling which is replacing a previous dwelling that has been destroyed by events such as a natural disaster or house fire.

 

The recommended wording for the amendment to clause 4.2A is contained in the planning proposal within attachment 1.

 

DCP Amendment – Part F

 

Development controls applicable to development applications seeking approval for horticulture within the R5 Large Lot Residential zone have been included within an amendment to Part F of the DCP contained within attachment 2. The amendments to the existing DCP are shown as track changes for clarity.


A summary/justification for the proposed amendments to Part F is as follows:

 

·      Housekeeping amendments on pages 1 and 2 which clarify what development applications are required to be accompanied with details of existing land uses on surrounding lots, that the 300m building setback to unsealed roads only applies to dwellings, setbacks to boundaries, and that the land use buffer controls apply to all development applications. This will ensure a development application for horticulture will be required to specify proximity to surrounding dwellings and will be required to comply with the buffer controls within Part 4.

 

·      An amendment to the buffer distance between horticulture development and dwellings by increasing it from 150m to 200m. Increasing the distance to 200m is in line with chapter 6 of the ‘Living and Working in Rural Areas’ handbook. The handbook has been prepared by the NSW Department of Primary Industries and is a practical guide aimed at reducing and avoiding rural land use conflict on the NSW North Coast.

 

Please note that due to the mandatory requirements for the implementation of a landscaped buffer for horticulture developments in the R5 Large Lot Residential zone in the proposed additional clause F1.3.6 (addressed below) and that development consent is not required for horticulture within the rural zones, the 200m separation distance will effectively only be applicable for dwellings within the rural zones.

 

·      Clarification on the requirements for vegetation buffers to ensure they meet their objective.

 

·      An additional clause F1.3.6 has been added which requires a 40m wide landscape buffer to be incorporated within an 80m separation buffer from adjoining residential zoned lots and from dwellings within an adjoining rural or environmental protection zone. The reasoning behind this control is to protect the future development of adjoining residential zoned land and existing dwellings within the rural and environmental protection zones which have been approved with no rural buffer requirements due to the adjoining land (on which the horticultural use is proposed) being zoned residential.

 

This clause also requires plans of the landscape buffers to be submitted to Council for approval, any netting to be black to minimise visual amenity impacts, and the provision of a water management plan. The requirement for a water management plan has been included as a result of the findings of a recent study prepared by Southern Cross University titled ‘Water Quality on Bucca Bucca Creek and the potential impacts of intensive plant agriculture’, dated 3 January 2018.

 

Please note that requirements regarding impacts on flora and fauna are taken into account under section 1.7 of the Environmental Planning and Assessment Act 1979 and are reinforced within Part A of the DCP.

 

DCP Amendment – Part A

 

Council received a two submissions to the exhibition of the most recent amendments to the DCP (reported to this meeting separately) relating to vegetation clearing within the Pearl Estate, Valla. The submissions request that Council include vegetation within the Peal Estate within the DCP so that a permit is required for the removal of vegetation under Part 3 of the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (the SEPP). They also request Council erect signage outlining the significance of vegetation within the estate and for Council to undertake tree surveys to form a data base of existing vegetation. The submissions have been included within attachment 3. It was not considered appropriate to consider the requested amendments to the DCP under the previously exhibited document due to insufficient public consultation on the matters raised in the submissions. It is considered that any such amendment could be incorporated with the amendment to Part F as outlined above and exhibited at the same time.

 

The development consent for the Pearl Estate was approved by the Department of Planning and Environment and included conditions which required vegetation within certain areas of the estate to be retained. The conditions were based off specialist Flora and Fauna reports which included a plan of the areas of vegetation to be retained. This plan has been included within attachment 4. The conditions required those areas of vegetation to be retained to be protected during subdivision works and for a restriction on use of land under section 88B of the Conveyancing Act 1919 to be created prior to the issue of the subdivision certificate which restricted the removal of the vegetation in perpetuity. However, the required restriction on the use of land was not created, the subdivision certificate was approved by Council, and the lots have been registered. Furthermore, the terminology of the development consent does not enable the vegetation intended to be protected (except for the koala corridor) to be regulated post issuing the subdivision certificate.

 

Due to the Pearl Estate being located within the R5 Large Lot Residential zone, the only approval required for the removal of vegetation within the estate would be from the Native Vegetation Panel under Part 4 of the SEPP. However, this approval is only required if more than 5000m² of vegetation is to be removed. Please note that the Native Vegetation Panel has not yet been established. Council has been advised that NSW Local Land Services will accept and process these applications until the panel is established.

 

Having regard to the above and the submissions received, it is considered appropriate to protect those areas of vegetation identified in the development consent as vegetation to be retained. To do this, it is recommended that Council amend Part A of the DCP by adding clause A5.14 which restricts the clearing of vegetation from the areas identified in the plan within attachment 4 as vegetation to be retained.

 

Please note that the above approach will only require a permit under the SEPP for the removal of native vegetation within the areas specified on the plan. It will not apply to all vegetation within the estate. Furthermore, under clause 8(3) of the SEPP, a permit would not be required to remove vegetation within the areas identified to be retained if council is satisfied that the vegetation is a risk to human life or property.

 

The recommended amendment to Part A of the DCP has been included within attachment 2. The additional clause A5.14 has been shown as a track change for clarity.

 

The request for the erection of signage and tree surveys is not supported as it is not something Council has the resources to do for other areas of the shire with equally or more significant habitat due to the substantial costs which would be imposed.

 

CONSULTATION:

Senior Town Planner

Coordinator Strategic Planning & Natural Resources

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the recommended amendments will have any adverse environmental impacts.

 

Social

 

It is not considered that the recommended amendments will have any adverse social impacts.

 

Economic

 

It is not considered that the recommended amendments will have any adverse economic impacts.

 

Risk

 

Not implementing the recommendations would weaken Councils ability to defend an appeal against a refusal of a development application for the continued use of an unlawful dwelling as clause 4.2A of the LEP could not be relied on; inconsistent approaches could be implemented into development consents to minimise the land use conflicts associated with horticulture; and vegetation identified to be retained as part of a development consent could be removed without any ability for regulation.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Source of fund and any variance to working funds

N/A

 

Service level changes and resourcing/staff implications

Nil.

 

Attachments:

1

8338/2018 - Attachment 1 - Planning Proposal

 

2

8431/2018 - Attachment 2 - Draft DCP Amendments

 

3

8336/2018 - Attachment 3 - Submissions

 

4

8335/2018 - Attachment 4 - Vegetation Plan

 

  


Ordinary Council Meeting - 15 March 2018

LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

 

  


Nambucca Shire Council

 

 

 

 

 

 

 

 

 

 

 

Planning Proposal

Nambucca Local Environmental Plan

Amendment No. 22

Horticulture and Clause 4.2A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by:

Development & Environment Section

Nambucca Shire Council

 

Dated: February 2018

 

File:SF2460


Table of Contents

 

 

Preliminary.. 1

Part 1    Objectives AND Intended outcomes. 1

Part 2    Explanation of Provisions. 1

2.1 – Horticulture. 9

2.2 – Clause 4.2A.. 9

Part 3    Justification.. 9

Section A – Need for the Planning Proposal. 9

Section B –Relationship to strategic planning framework. 9

Section C – Environmental, social and economic impact. 9

Section D – State and Commonwealth Interests. 10

Part 4    Mapping.. 10

Part 5    Community Consultation.. 10

Part 6    Project Timeline.. 11

 

 

 


Ordinary Council Meeting - 15 March 2018

LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

 

Preliminary

 

This planning proposal has been drafted in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979, and ‘A guide to preparing planning proposals’ (DoP, 2016) for amendment to the Nambucca Local Environmental Plan 2010 (LEP). A gateway determination under Section 3.34 of the Act is requested.

 

Part 1    Objectives and Intended outcomes

 

The objective and intended outcomes of this planning proposal are:

·      To require development consent prior to undertaking horticulture development within the R5 Large Lot Residential Zone, and

·      To ensure that clause 4.2A of the LEP applies to land on which an unlawful dwelling has been erected and land on which a lawful dwelling has been destroyed by events such as a natural disaster or house fire.

 

Part 2    Explanation of Provisions

 

2.1  Horticulture

 

The proposed outcome will be achieved by removing ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential zone and relocating it to ‘permitted with consent’.

 

2.2 Clause 4.2A

 

The proposed outcome will be achieved by rewording clause 4.2A (3) and (4) as follows:

 

Existing Sub-Clauses

(3)  Development consent must not be granted for the erection of a dwelling house or a dual occupancy (attached) on a lot in a zone to which this clause applies, and on which no dwelling house or dual occupancy (attached) has been erected, unless the lot is:

(a)  a lot that is at least the minimum lot size specified for that lot by the Lot Size Map, or

(b)  a lot created before this Plan commenced and on which the erection of a dwelling house or dual occupancy (attached) was permissible immediately before that commencement, or

(c)  a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy (attached) would have been permissible if the plan of subdivision had been registered before that commencement, or

(d)  an existing holding.

Note.  A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

 

(4)  Despite any other provision of this clause, development consent may be granted for the erection of a dwelling house or a dual occupancy (attached) on land in a zone to which this clause applies if:

(a)  there is a lawfully erected dwelling house or dual occupancy (attached) on the land and the dwelling house or dual occupancy (attached) to be erected is intended only to replace the existing dwelling house or dual occupancy (attached), or

(b)  the land would have been a lot or a holding referred to in subclause (3) had it not been affected by:

(i)  a minor realignment of its boundaries that did not create an additional lot, or

(ii)  a subdivision creating or widening a public road or public reserve or for another public purpose.

 

Proposed Sub-Clauses

(3)  Development consent must not be granted for the erection or use of a dwelling house or a dual occupancy on a lot in a zone to which this clause applies unless the lot is:

(a)  a lot that is at least the minimum lot size specified for that lot by the Lot Size Map, or

(b)  a lot created before this Plan commenced and on which the erection of a dwelling house or dual occupancy (attached) was permissible immediately before that commencement, or

(c)  a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy (attached) would have been permissible if the plan of subdivision had been registered before that commencement, or

(d)  an existing holding.

Note.  A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

 

(4)  Despite any other provision of this clause, development consent may be granted for the erection of a dwelling house or a dual occupancy on a lot in a zone to which this clause applies if:

(a)  there is a lawfully erected dwelling house or dual occupancy on the lot and the dwelling house or dual occupancy to be erected is intended only to replace the existing dwelling house or dual occupancy, or

(b) there was a lawfully erected dwelling house or dual occupancy on the lot which was destroyed by natural disaster or house fire.

(c)  the land would have been a lot or a holding referred to in subclause (3) had it not been affected by:

(i)  a minor realignment of its boundaries that did not create an additional lot, or

(ii)  a subdivision creating or widening a public road or public reserve or for another public purpose.

 

 

Part 3    Justification

 

Section A – Need for the Planning Proposal

 

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

 

The planning proposal is not the result of any strategic study or report.

 

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

 

It is considered that the planning proposal is the best and only means of achieving the objectives and intended outcomes.

 

With regards to horticulture, the following table compares the permissibility of horticulture within the R5 Large Lot Residential Zone in the Nambucca local government area compared to other local government areas on the north coast.

 

LGA

Permissibility

Kyogle

Prohibited

Clarence Valley

Permissible with consent

Coffs Harbour

Permissible with consent

Bellingen

Permissible with consent

Nambucca

Permissible without consent

Kempsey

Permissible with consent

Port Macquarie

Prohibited

 

As can be seen above, Nambucca Shire Council is the only Council out of those mentioned which permit horticulture without development consent within the R5 Large Lot Residential zone.

 

The objectives of the R5 Large Lot Residential zone are as follows:

 

·      To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

·      To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

·      To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

·      To minimise conflict between land uses within this zone and land uses within adjoining zones.

 

Having regard to the above, the intent of the R5 zone is to promote the development of residential land uses within the zone which minimise conflict with land uses, such as agriculture, within adjoining zones. While it is considered reasonable to require any residential development in the R5 zone to provide the necessary rural buffers from agricultural activities in any adjoining rural zone; it is not considered to be reasonable to require additional buffers to agricultural land uses within the R5 zone. This is not only because it is contrary to the intent of the zone, but because in many cases the residential land uses have commenced first, as promoted by the relevant planning instruments, and implementing the required buffers from the agricultural activities in many situations would result in residential zoned land which cannot practically be developed for residential uses.

 

Having regard to clause 4.2A of the LEP, it is considered that the following section of subclause (3) should be deleted:

 

“and on which no dwelling house or dual occupancy (attached) has been erected”

 

It is considered that the above wording should be deleted as it results in the clause only being applicable to a lot which is vacant and has had no dwelling erected on it in the past. It is also considered that the wording of the subclause should be amended to include developments which are seeking to use existing buildings such as unlawful dwellings.

 

An example of when the existing clause 4.2A would be contrary to the objectives of the clause and result in unplanned rural residential development is if a dwelling house or dual occupancy were to be erected on a lot without development consent. In this situation clause 4.2A does not apply to any development application seeking approval to continue to use the dwelling house or dual occupancy as the dwelling house or dual occupancy has already been erected on the lot. Making the suggested amendment to the clause would reinforce Councils position to refuse such an application where it did not conform with the provisions within subclause (3)(a)-(d).

 

The proposed change would result in the clause being applicable to any development application for the erection or use of a dwelling house or dual occupancy on a lot within a zone to which the clause applies. Given that the clause would then apply to land on which a dwelling house or dual occupancy has been erected, it is also considered that subclause (4) should be amended by adding a provision which permits the granting of development consent for the erection of a dwelling house or dual occupancy when it is replacing a lawfully erected dwelling house or dual occupancy on the lot which was destroyed by natural disaster or house fire. It is considered that this provision is necessary as the existing provision within sub clause (4) (a) is reliant on there being an “existing” dwelling house or dual occupancy.

 

An example of a scenario when the above additional provision would be necessary is for a lot created under clause 4.1C of the LEP which was below the minimum lot size and the existing dwelling house or dual occupancy was destroyed by a natural disaster or house fire. Such a provision would allow for the replacement of the previous dwelling house or dual occupancy with development consent which would be consistent with the objective of the clause.

 

Section B –Relationship to strategic planning framework.

 

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

 

The proposed amendments will not be contrary to any existing or draft plans or strategies.

 

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

 

The proposed amendments will not be contrary to Councils Community Strategic Plan or any other strategic plan. The planning proposal includes housekeeping amendments which are aimed at reinforcing the existing objectives of the R5 Large Lot Residential zone and Clause 4.2A.

 

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

 

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

 

·              State Environmental Planning Policy (Rural Lands)

 

The aims of this SEPP are:

 

(a)  to facilitate the orderly and economic use and development of rural lands for rural and related purposes,

(b)  to identify the Rural Planning Principles and the Rural Subdivision Principles so as to assist in the proper management, development and protection of rural lands for the purpose of promoting the social, economic and environmental welfare of the State,

(c)  to implement measures designed to reduce land use conflicts,

(d)  to identify State significant agricultural land for the purpose of ensuring the ongoing viability of agriculture on that land, having regard to social, economic and environmental considerations,

(e)  to amend provisions of other environmental planning instruments relating to concessional lots in rural subdivisions.

 

The SEPP identifies rural planning principles within clause 7 that must be taken into account when a Council prepares a planning proposal. These are brought into effect through a Section 117 Direction. The Rural Planning Principles are as follows:

 

(a)  the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas,

(b)  recognition of the importance of rural lands and agriculture and the changing nature of agriculture and of trends, demands and issues in agriculture in the area, region or State,

(c)  recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development,

(d)  in planning for rural lands, to balance the social, economic and environmental interests of the community,

(e)  the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land,

(f)  the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities,

(g)  the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing,

(h)  ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director-General.

 

The proposed amendments are considered to be consistent with the provisions of the SEPP as they will assist in minimising land use conflict within the R5 Large Lot Residential zone by enabling suitable buffers to be provided by way of development consent from horticulture to residential development which is considered to be the preferred and the predominant land use in the zone. Given the intention of the R5 zone is to provide residential housing in a rural setting to contribute to the social and economic welfare of rural communities; it is considered that protecting the residential uses in the zone from potential land use conflict is important in ensuring consistency with the SEPP and the objectives of the zone.

 

Furthermore, the proposed amendments to clause 4.2A will ensure rural housing is appropriately located having regard to land use conflict, impacts on services and infrastructure, and protection of opportunities for current and potential productive and sustainable economic activities in rural areas.

 

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

 

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

 

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

 

The planning proposal is not considered to be contrary to the requirements of this SEPP as it will ensure development for horticulture within the R5 zone will be assessed against the potential impacts on core koala habitat.

 

·              State Environmental Planning Policy No 55 – Remediation of Land

 

SEPP 55 provides that Council is not to include in a particular zone any specified land if the inclusion of the land in that zone would permit a change of use of the land unless:

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

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

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

 

Given that this planning proposal does not include any rezoning of land, it is not considered that the planning proposal is contrary to the SEPP.

 

·              State Environmental Planning Policy No 71 – Coastal Protection

 

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

 

The amendments within this planning proposal are not contrary to the requirements of this SEPP.

 

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

 

Directions under Section 117 of the Environmental Planning and Assessment Act 1979 applicable to this planning proposal are addressed as follows:

 

1       Employment and Resources

 

Direction 1.2         Rural Zones

 

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

 

This direction applies when a council prepares a planning proposal that affects land within an existing or proposed rural zone (including the alteration of any existing rural zone boundary). Because clause 4.2A of the LEP applies to rural zones, this direction is applicable.

 

In accordance with this direction, the planning proposal shall not rezone land from a rural zone to a residential, business, industrial, village or tourist zone. Given the planning proposal does not include rezoning; it is not contrary to this direction.

 

Direction 1.5         Rural Lands

 

The objectives of this direction are to:

 

a        protect the agricultural production value of rural land,

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

 

This direction applies when:

 

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

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

 

What a council must do if this direction applies

 

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

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

 

The amendment to clause 4.2A of the LEP affects land within rural and environmental protection zones. The amendment is considered to be consistent with this direction as outlined under State Environmental Planning Policy (Rural Lands) 2008 earlier in this report.

 

2       Environment and Heritage

 

Direction 2.1         Environment Protection Zones

 

The objective of this direction is to protect and conserve environmentally sensitive areas. This direction applies when a council prepares a planning proposal.

 

What a council must do if this direction applies:

 

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

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

 

This direction is applicable to the proposed amendment to clause 4.2A. Given the proposed amendment will ensure all dwellings in the environment protection zones are subject to existing intended provisions which are partly aimed at minimising environmental impacts, it is not considered that the proposal is contrary to this direction.

 

Direction 2.2         Coastal Protection

 

The objective of this direction is to implement the principles in the NSW Coastal Policy. This direction applies when a council prepares a planning proposal that applies to land in the coastal zone.

 

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

 

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

b        the Coastal Design Guidelines 2003, and

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

 

The amendments within this planning proposal are consistent with the requirements of this direction. The LEP contains provisions which address coastal development and will not be impacted by the proposal.

 

Direction 2.3         Heritage Conservation

 

The objective of this direction is to conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance. This direction applies when a council prepares a planning proposal.

 

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

 

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

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

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

 

The amendments within this planning proposal are not contrary to the requirements of this direction as they will not impact the conservation of the above. Furthermore, the LEP contains provisions to address heritage areas and items which will not be impacted by the proposal.

 

Direction 2.4  Recreation Vehicle Areas

 

The objective of this direction is to protect sensitive land or land with significant conservation values from adverse impacts from recreation vehicles.

 

This direction applies when Council prepares a planning proposal. The planning proposal must not enable land to be developed for the purpose of a recreation vehicle area (within the meaning of the Recreation Vehicles Act 1983):

(a) where the land is within an environmental protection zone,

          (b) where the land comprises a beach or a dune adjacent to or adjoining a beach,

(c) where the land is not within an area or zone referred to in paragraphs (4)(a) or (4)(b) unless the relevant planning authority has taken into consideration:

(i) the provisions of the guidelines entitled Guidelines for Selection, Establishment and Maintenance of Recreation Vehicle Areas, Soil Conservation Service of New South Wales, September, 1985, and

(ii) the provisions of the guidelines entitled Recreation Vehicles Act, 1983, Guidelines for Selection, Design, and Operation of Recreation Vehicle Areas, State Pollution Control Commission, September 1985.

 

The planning proposal is not contrary to this direction as it does not enable land to be developed for the purpose of a recreation vehicle area.

 

3       Housing, Infrastructure and Urban Development

 

Direction 3.1         Residential Zones

 

The objectives of this direction are:

 

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

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

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

 

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

 

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

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

 

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

 

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

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

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

d        be of good design.

 

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

 

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

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

 

The amendments within this planning proposal will not impact existing provisions which make the LEP complaint with this direction.

 

4       Hazard and Risk

 

Direction 4.1         Acid Sulfate Soils

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

Given the proposed amendments will not increase potential development with areas mapped on the Acid Sulfate Soils Map and will not regulate works in acid sulfate soils, it is not considered that the proposal will be contrary to this direction.

 

5       Regional Planning

 

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

 

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

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

(b) to prevent inappropriate development fronting the highway;

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

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

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

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

 

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

 

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

 

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

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

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

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

 

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

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

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

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

 

The amendments proposed as part of the planning proposal are not contrary to this direction.

 

Direction 5.10 Implementation of Regional Plans

 

The objective of this direction is to give legal effect to the vision, land use strategy, goals, directions and actions contained in Regional Plans. This direction applies to land to which a Regional Plan has been released by the Minister for Planning.

 

This direction applies when Council prepares a planning proposal. Planning proposals must be consistent with a Regional Plan released by the Minister for Planning.

 

The two amendments the subject of the planning proposal will not be contrary to the North Coast Regional Plan.

 

6       Local Plan Making

 

Direction 6.1         Approval and Referral Requirements

 

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

 

A planning proposal shall:

 

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

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

i         the appropriate Minister or public authority, and

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

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

c        not identify development as designated development unless the council:

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

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

 

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

 

Direction 6.2         Reserving Land for Public Purposes

 

The objectives of this direction are:

 

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

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

 

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

 

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

 

a        reserve the land in accordance with the request, and

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

c        identify the relevant acquiring authority for the land.

 

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

 

a        include the requested provisions, or

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

 

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

 

This Planning Proposal is consistent with this direction

 

Section C – Environmental, social and economic impact

 

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

 

The proposed amendments will not result in any greater disturbance to the natural environment than what would already occur as horticulture is currently permissible without consent and the amendment to clause 4.2A will assist regulate dwellings within the rural and environmental protection zones.

 

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

 

It is not considered that there are any environmental effects resulting from the planning proposal.

 

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

 

The proposed amendments in this planning proposal are aimed at rectifying issues with the LEP which have the potential to result in significant social and economic impacts.

 

Section D – State and Commonwealth Interests

 

10         Is there adequate public infrastructure for the planning proposal?

 

The planning proposal relates to housekeeping and policy amendments for which additional public infrastructure are not required.

 

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

 

Government authorities have not been formally involved in this planning proposal as it is yet to receive gateway approval. However, the NSW Department of Primary Industries (DPI) were consulted with regards to the amendment to horticulture within the R5 zone prior to Council resolving to proceed with the preparation of the planning proposal. DPI responded with no objections to the proposed amendment.

 

Part 4    Mapping

 

No new or amended maps are required as part of the proposed amendments.

 

Part 5    Community Consultation

 

It is intended to undertake community consultation by way of an advertisement in the local newspaper and Councils website advising the public of the planning proposal and the opportunity to make a submission. It is intended to advertise the planning proposal for 28 days.

 

Part 6    Project Timeline

 

April 2018                                 Gateway determination issued by Department of Planning & Environment

May 2018                                 Public exhibition of planning proposal and consultation with government agencies

June 2018                                Analysis of public submissions and agency responses

                                               Preparation of Council report

July 2018                                 Endorsed planning proposal submitted to Department of Planning and Environment for finalisation


Ordinary Council Meeting - 15 March 2018

LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 15 March 2018

LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


 


 


 


 


Ordinary Council Meeting - 15 March 2018

LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

 


Ordinary Council Meeting                                                                                                  15 March 2018

General Manager's Report

ITEM 9.5      SF2423            150318         Development Applications greater than 12 months or where submissions received -  to 7 March 2018

 

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 contained in the report on Development Applications greater than 12 months or where submissions have been received as at 7 March 2018 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

2017/179

3 August 2017

Telecommunications Facility (Mobile Phone Tower)

Lot 3 DP 1147417, 1079 Scotts Head Road, Scotts Head

Thirty-seven submissions have been received within the specified notification period – thirty-four oppose the proposal, one does not object but offers an alternative site and two support the proposal.

·           Proposed development is unsightly and will spoil the bushland views and visual amenity

·           It will threaten existing native fauna and impact habitat of native fauna – comprehensive impact study required

·           Concerned about electromagnetic energy impacts on nearby residents and the school

·           No evidence that the local community will benefit from it

·           Exceeds height limit for site – tower is much too high – over 20m above the tree line

·           In Acid Sulphate Soils Class 2 area

·           Located in an area of “threatened Remnant Coastal Wetland” and the site floods

·           This would be better situated on the other side of Scotts Head Road

·           More suitable sites should be investigated

·           Could be bad for people’s health

·           Properties will be devalued

·           If a red light is placed on top of the tower, residents should receive compensation or blinds to reduce the impact

·           Too close to the school, the oval, yarning circle and adjoining residences

·           Low-lying site will not provide for optimal effectiveness of the tower

·           Will have a detrimental impact on lifestyle and tourism for Scotts Head

·           Does not comply with relevant planning principles set by the NSW Land & Environment Court, including impacts on neighbouring properties, including amenity, reasonableness, loss of reasonable development potential and poor design

·           Does not comply with Visual Impact Minimization principles as provided within the NSW Telecommunications Facility Guideline - it does not respond appropriately to its rural landscape setting

·           Exact location of tower not clear from information provided

·           Proposal is not visually aesthetic – too close to neighbouring residences

·           Too much vegetation will need to be cleared.

·           Not required as homes with broadband internet can make and receive calls using the NBN

·           A visual montage should be provided by the applicant

·           Council should conduct a site visit

·           Causing stress and anxiety in the local community

·           Would like it to be considered at a public council meeting

·           Could pose a catastrophic risk to residents in the event of a bushfire

·           More property owners should have been notified and the local community consulted with more thoroughly

·           Appears to be a cost savings exercise by Optus

·           Area is of significance to the Gumbaynggirr people

·           Should be a more suitable colour to blend in with the surrounding landscape

·           Does not comply with Clause 5.5 objectives of the Nambucca Local Environmental Plan 2010 – Coastal Policy

·           Owner of Lot 106 DP 251748 would be happy to have the tower on their property and believes this would have less of an impact as it would be close to main power transmission lines

·           The tower will provide better reception for Scotts Head which is important in emergency situations

·           Mobile phone reception is now an essential service and many parts of Scotts Head do not have mobile phone coverage

STATUS: Applicant is reviewing the application

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/238

18 October 2017

2 Lot Subdivision & Change of Use to Dwelling

Lot 3532 DP 793199, 349 Newee Creek Road, Newee Creek

One submission has been received – it opposes the development

·           Development will add to dust nuisance of Newee Creek Road unless sealing is undertaken

STATUS: Being assessed –additional information received from applicant and has been referred to RFS. Waiting for response from RFS.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/272

30 November 2017

Shop Top Housing

Lot 413 DP 611276, 7A Ocean Street, Scotts Head

Six submissions have been received – they oppose the proposal

·           Affect the amenity of the adjoining properties with respect to views, solar access, shading and privacy

·           Reducing side setback to zero will impact light and solar access on that boundary and may create issues with stormwater.

·           Bulk and scale of the proposed building not in keeping with the village appeal of Scotts Head

·           Design of building does not respond to constraints of the site or the controls in the DCP

·           Boundary fence design will result in noise and fumes being experienced next door

·           Floor space ratio should not be exceeded and applicant has not submitted a formal request in writing to justify varying the LEP development standard

·           Assumptions have been made in the SEE about future plans of an adjoining property which are speculative and misleading. SEE is biased, inconsistent and misleading.

·           Proposal to build over the right of carriageway exceeds the limitations and provisions of the Conveyancing Act 1919. Large/heavy (eg removalist trucks) would no longer be able to use the right of carriageway.

·           Excessive number of requests to vary DCP (over 12 controls not complied with) and LEP.

·           Concerns regarding the safety and risk of proposed construction methods on the adjoining property

·           Not enough off-street parking is being provided plus it will be difficult to use that which is being proposed leading to more parking on the street

·           Council should consider referring the proposal to a Design Review Panel or external expert for advice

·           Proposed commercial use is very minor – difficult to see how development meets criteria and development standards for “mixed use”.

·           Unclear what some of the ground floor will be used for

·           Proposed development will compromise the amenity and aesthetic appeal of the Scotts Head coastline as it will be highly visible from the adjacent Little Beach

·           No visible green space provided for. Deep Soil Zone does not meet DCP requirement of 25%

·           Documentation with DA insufficient – bushfire assessment done on single dwelling template, no BASIX documentation, no written request/justification for Clause 4.6 variation to development standards and no statutory evaluation of the proposal in the SEE

STATUS: Being assessed. Will be reported to Council for determination. Modified plans to be submitted by applicant.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/006

19 January 2018

Demolish existing dwelling-house and erect new dwelling-house

Lot 1 Sec 12 DP 758749, 1 Lackey Street, Nambucca Heads

One submission has been received. It has concerns about the proposal

·           Setback between proposed balcony and habitable room on adjoining property should be 12 metres as per DCP

·           Stormwater runoff needs to be appropriately dealt with.

STATUS: Being assessed – additional information required from applicant, including modified driveway design and further information re finished ground and floor levels.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/291

22 December 2017

Shop Top Housing

Lot 15 Section F DP 20823, 3 Adin Street, Scotts Head

Two submissions have been received. Both object to aspects of the proposal

·           Concerns raised about use of laneway/right of carriageway to the rear of the proposed development – unsafe

·           Increased truck movements add to pollution (fumes and noise) and increase fire risk and dangers of collisions

·           Rear lane will provide increased security risk

·           Proposed security lights will interfere with peace and privacy of residents

STATUS: Being assessed – additional information required from applicant

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  15 March 2018

General Manager's Report

ITEM 9.6      SF2328            150318         Results of the exhibition of amendments to Development Control Plan 2010 including the Valla Urban GRowth Area

 

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

 

Summary:

 

The purpose of this report is to provide Council with the results of the exhibition of proposed amendments to Development Control Plan 2010 including the Valla Urban Growth Area. This report recommends that the draft DCP be adopted with several recommended changes. If supported by Council the adoptions of the DCP will be notified as required by the Environmental Planning and Assessment Act.

 

 

Recommendation:

 

1.       Pursuant to clause 21 of the Environmental Planning and Assessment Regulation 2000. That Draft Development Control Plan 2010 as exhibited be adopted with the following changes:

 

a.        Council update the sections of the Draft DCP to incorporate the Development Control Plan for the Valla Urban Growth Area and also update references within the Draft DCP to reflect recent amendments to the Environmental Planning and Assessment Act 1979.

 

b.       The area identified in the draft as Light Industry be amended to ‘employment lands suitable for commercial or light industrial uses’;

 

c.        That the type B access road between the service centre and the Valla Urban Growth Area industrial land be amended to remove the requirement for on street parking.

 

2.       Pursuant to clause 21 of the Environmental Planning and Assessment Regulation 2000 Council give notice of its decision to proceed with the Development Control Plan in the local newspaper within 28 days.

 

OPTIONS:

 

Council may choose not to endorse any of the recommendations and/or make additional amendments.

 

DISCUSSION:

 

On the 30 of November Council resolved to exhibit amendments to the Nambucca Development Control Plan 2010 (draft DCP). The draft DCP was exhibited between 14 December 2017 And 2 February 2018 in accordance with the requirements of the Environmental Planning and Assessment Act 1979.

 

All landowners located within Stage 1 of the Valla Urban Growth area were also advised in writing of the proposed amendments to the DCP with particular reference to the development controls proposed for the Valla Urban Growth Area.

 

During the exhibition period Council received five (5) submissions. Two (2) submissions received requested that site specific development controls be provided for Pearl at Valla Rural Residential subdivision. These submissions have been addressed seperately in another Council report included within the agenda of this meeting. Three (3) of the submissions received are addressed in the below comments, staff responses to the submissions are shown as a Planning Comment.

 

Transgrid (Lot 10 DP1017930)

 

A submission was received from transgrid [Attachment 1]. Transgrid owns a substation on the south western side of the Growth Area and they are also responsible for and easement which traverses through the western portion of the growth area in north south direction. Transgrid reminded Council of requirements for easements, buffers and requirements of the Electricity Supply Act and the Infrastructure SEPP.

 

Planning comment:

 

The submission from Transgrid is noted and future development applications will be required to give appropriate consideration to the Electricity Supply Act, relevant State Policies and associated best practice guidelines.

 

W & J Heapy ( Lot 671 DP599722 47 Boggy Creek Road)

 

Council received a submission from W & J Heapy who own land at 47 Boggy Creek Road. The submission is included as [Attachment 1] to this report and it raised the following concerns:

 

·      On the purposed development control plan our property at 47 Boggy Creek Road has 3 zonings. Directly opposite the RU2 zoning is a 24 hour service centre that provided truck parking and food facilities. Having an Environmental Management zone with a total land area of approximately 18 acres is of little commercial value as an isolated parcel of land. I have contacted the town planning department on multiple occasion regarding being able to lodge a DA for a Farm shed and been informed that this would not be approved under the current zoning.

 

·      Changing the zoning on this area to IN1, B2, B7 or R1 would be the most beneficial outcome for the Nambucca Valley. In the attached letter from Mr Michael Coulter he infers that on the 17 March 2016 at councils meeting that the RU2 may be changed to IN1 to regularise the zoning structure. In a recent meeting with Wayne Lowe he agrees that changing the zoning of the RU2 to either IN1, B2, B7 would be financially and aesthetically beneficial to the DCP Valla Urban Growth Area.

 

·      In regards to the E3 zoning, this splits our property in half with the IN1 land being on the northern sector of our property and the RU2 being on the southern sector of our property. Per Michael Coulter with the implementation of the LEP our property would be changed into 2 titles at councils’ expense.

 

·      At present 47 Boggy Creek Road is our home. Since purchasing this property, the town planning department have negated any proposal that we put forward regarding improvements to the house, due to the proposed DCP being undertaken. We have owned this property since 2016 and would like some solid clarity as to what we can do on this parcel of land that is located in the beautiful Nambucca Valley. 

 

Planning Comment:

 

Clause 6.2 of the Nambucca LEP 2010 indicates that Council must not approve development in a growth area until a Development Control plan is prepared for the area that gives consideration to the logical future development of the area. For this reason Council has initiated the preparation of the DCP for the area. Refer to the below extract from the LEP.

 

(1)  The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.

 

(2)  Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.

 

Since the creation of the Valla Urban Growth Area, the only development application approved on Lot 671 DP599722 was a shed. This was permissible as it was considered minor development under clause 6.2(4)(d). The owner of the land has previously been advised that until the Valla Growth Area DCP is created, only minor alterations and additions to the existing dwelling would be considered as provided by clause 6.2 of the LEP. The owner has also been advised as part of any development application for alterations/additions to the existing dwelling; consideration would need to be given to the implementation of measures to mitigate potential conflicts with industrial development given the dwelling is located within and adjoining other land zoned IN1 General Residential.

 

As indicated in the submission, 47 Boggy Creek Road is dissected in an east west direction by Boggy Creek. This area has correctly been zoned E3 Environmental Management as it has natural environmental attributes that have limited development potential.

 

South of the Environmental Management Zone the land is zoned RU2 Rural Landscape. This land is presently included as part of a Growth Area under the North Coast Regional Plan and has the potential to be zoned for employment land in the future, however the rezoning is not being considered as part of this process.

                                                      

In the future Council will prepare an LEP amendment to refine the zones within the Valla Urban Growth Area. This process will provide a plan that more closely reflects the Masterplan in the recently exhibited document. As part of this process Council will examine potential zones for land on the southern side of Boggy Creek. It is likely that this process would be at Council’s expense as part of the land release in the growth area.

 

Council would not contribute to the costs for torrens subdivision of private land.

 

The DCP has given consideration to the future release of land on the southern side of Boggy Creek by requiring public road access as part of any future development application.

 

 

Description: S:\Grant from N Drive\Strategic Plannning\Boggy Creek Cow Creek Urban Release Area SF1052\VALLA DCP\Heapy Property.jpg

 

 

Charles Hill Planning on behalf of Ray Fitzgerald (Lot 19 DP 755560 55 Cow Creek Road Valla)

 

Council received a submission from Charles Hill Planning [Attachment 1] on behalf of Ray Fitzgerald (lot 19 DP 755560) in response to the draft Development Control Plan. The submission raised three (3) key points in respect to the context of the Draft DCP.

 

1        The Draft DCP shows some inconsistencies with the Nambucca LEP 2010 and the landholder would like to increase in the amount of B2 Local Centre land on their property to reflect the LEP. In this regard the DCP should be more flexible in  respect to future land uses shown in the Masterplan;

 

2        This landholder would like all of the proposed B2 Local Centre zone wholly on their land with none on Council land, which is similar to the existing zoning.

 

3        This landholder would like some the B2 Local Centre zone and other employment land on their land to be available for release in stages 1 and 2 of the release program.

 

 

Description: S:\Grant from N Drive\Strategic Plannning\Boggy Creek Cow Creek Urban Release Area SF1052\VALLA DCP\Fitzgerald Property.jpg

 

 

 

In response to the concerns raised in this submission staff arranged a meeting with the landholder and the planning consultant to discuss these concerns. Councils Consultants GHD also attended the meeting.

 

Planning Comment:

 

As a result of the meeting with the landholder and Charles Hill Planning the following comments are provided. 

 

In consistencies with the Nambucca LEP 2010 and the extent of the B2 Local Centre Zone

 

The Masterplan Figure 2-1 illustrates a preferred approach to the future development of the growth area. Refer to the below image.

 

B2 Local Centre Zone – In comparison to the existing land zoning the B2 Local Centre zone was reduced in size within the draft DCP. The existing B2 Zone has been replaced in part with IN2 Light Industry zone. The reduction in size from the existing zone is intended to project the potential need for an appropriately sized commercial area to service the growth area.

 

It is considered the reduction in size shown in the masterplan is justified, nevertheless the land is presently zoned B2 Local centre and the draft DCP should not dismiss the existing zone. At our meeting with the land owner, Council proposed create more flexibility in the DCP by not designating a proposed zone to the area shown as light industry but rather identify this this area as ‘Employment lands suitable for commercial or light industrial activities’. This approach provides flexibility to the future uses on the land, including possible zoning amendments to light industry. The landowner and their consultant did not disagree to this approach.

 

As the land is still presently zoned B2 Local Centre, formal changes to the land zoning would be subject to an LEP amendment. Any such changes would be considered as part of a future Planning Proposal.

 

Ownership of the B2 Local Centre Zone

 

The draft DCP did not use lot boundaries to define the extent of proposed zones. Rather the DCP masterplan defined its boundaries to constraints, topography, other natural features and using natural and built infrastructure such as roads to separate uses. The fact that some of the B2 Zoned Land is shown on Council owned land was not a planned decision and is considered to have limited consequence. It is noted that this land is also presently zoned B7 Business Park.

 

Staging

 

The proposed staging of the release program is aimed to guide the logical progression of development through the release area. Core to the staging is the delivery of infrastructure through the release area. It is noted that legislation highlights the flexibility provided by a DCP and Council can consider variations to staging as long as a development application adequately addresses the infrastructure required to be delivered through the staging. The DCP states the following:

 

‘The infrastructure of each stage must be completed prior to the following stage commencing, unless agreed by Council’

 

In respect to the comments provided in the submission, land is available in Stage 1 and 2 on Lot 19 DP 755560 and this was demonstrated to the landholder at our meeting.

 

Other proposed changes to the Valla Growth Area Section of the Draft DCP

 

On further review of the proposed development controls for the Valla Urban Growth Area it is proposed to amend the access road from the service centre to the proposed industrial zoned land to a road type that does not contain parking.

 

This road is presently identified as a Type B access road in the draft DCP which would require an allowance for on street Parking. It is considered inappropriate and unnecessary to require parking on this connecting road to the release area.

 

Other amendments to the Overall Draft DCP

 

A copy of the draft DCP as exhibited is provided as Attachment 3.

 

Council is required to update the section numbering of the Draft DCP to include the new section relating to the Valla Urban Growth Area and also recent changes to the Environmental Planning and Assessment Act 1979.

 

No submissions were received to other proposed amendments to the DCP and it is recommended Council endorse this part of the DCP without further changes.

 

CONSULTATION:

 

General Manager

Manager Business Development

Manager Development and Environment

Manager Technical Services

Senior Town Planning

GHD

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The amendments proposed in the draft DCP have given consideration to potential environmental impacts. Further consideration of Environmental issues would be required as part of any future Development Application.

 

Social

 

The amendments proposed in the draft DCP have given consideration to potential social impacts. Further consideration of social issues would be required as part of any future Development Application.

 

Economic

 

The amendments proposed in the draft DCP have given consideration to potential economic impacts. Further consideration of economic issues would be required as part of any future Development Application.

 

Risk

 

Council should be aware that development applications of significance can not be considered in the Valla Urban Growth Area under clause 6 of the Nambucca LEP 2010 until a Development Control Plan for the area has been adopted.

 

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

8348/2018 - Scanned submissions to draft DCP amendments

 

2

45327/2017 - Draft VUGA DCP as exhibited

 

3

45508/2017 - Draft DCP - Housekeeping Amendments

 

  


Ordinary Council Meeting - 15 March 2018

Results of the exhibition of amendments to Development Control Plan 2010 including the Valla Urban GRowth Area

 


Ordinary Council Meeting - 15 March 2018

Results of the exhibition of amendments to Development Control Plan 2010 including the Valla Urban GRowth Area

 


 

 


Ordinary Council Meeting - 15 March 2018

Results of the exhibition of amendments to Development Control Plan 2010 including the Valla Urban GRowth Area

 


Ordinary Council Meeting                                                                                                  15 March 2018

General Manager's Report

ITEM 9.7      SF2303            150318         Results of Investigation - Notice of Motion White Albatross Caravan Parking and flooding

 

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

 

Summary:

 

The purpose of this report is to provide advice to Council in regards to flooding and other matters as they relate to the White Albatross Caravan Park in Nambucca Heads

 

 

Recommendation:

 

That Council note the information in this report.

 

 

OPTIONS:

 

Council may choose an alternative recommendation.

 

DISCUSSION:

 

On the 30 November 2017 Council resolved the following:

 

584/17 RESOLVED:        (Hoban/Reed)

 

1        That Council investigate possible grant funding sources including the Voluntary House Raising Scheme under the Floodplain Management Program to assist with the flooding issues at the White Albatross Holiday Centre.

 

2        That Council investigate the possibility of reducing or redirecting storm water flow from Parkes Street above.

 

3        That the results of the investigations and a brief overview of the current Council requirements for placement of manufactured homes on flood prone land be reported to Council.

 

Staff have investigated the matter and the following information is provided.

 

1.    Flooding grants are presently open and close at the end of March. Council’s Flood Risk Management Plan highlights investigations for voluntary house raising as an action. The grants are funded at a 2:1 ratio.

 

Advice from the Office of Environment and Heritage Flooding Section has indicated that as the Caravan Park is a commercial entity dwellings with in it would not be eligible for funding as outlined in the Guidelines for voluntary house raising (VHR) schemes.

 

Residents or the Managers of the Caravan Park could approach OEH directly to clarify the situation.

 

2.            Staff have looked at opportunities to redirect stormwater flows from Parkes St however there are limited opportunities. The major stormwater catchment area above the white Albatross is on the Crown Reserve behind the Holiday Park which is very steep with limited opportunities for diversion. A minor amount of stormwater would be contributed from half the paved road surface and adjoining managed lawn in Parkes St (0.2 HA estimate from Rotary Lookout to Captain Cook Lookout). The crown reserve behind the caravan park consists of approx. 3.5 ha.

 

As indicated in the previous notice of motion there is a managed reserve buffer between the toe of vegetation slopes and the existing holiday units/dwellings. As suggested in the Notice of motion infiltration/detention basins could be constructed in this area to minimise stormwater impacts however the cost/benefit may limit the feasibility of such an exercise which would be subject to further detailed investigations approvals and the like.

 

3.    Council’s present provisions for new tourist and visitor accommodation are controlled relevant to the particular flood risk at a site. In high Risk areas tourist and visitor accommodation or caravan parks are considered an inappropriate land use. In other flood planning areas development is required to comply with the Council adopted 1% AEP flood level with a 500mm freeboard and requirements for engineering certification for the construction. 

 

With respect to an approved manufactured home estate redevelopment can generally occur without a requirement for Council consent, unless the re-development is located on flood prone land which requires Council approval under S68 of the Local Government Act.  In this regard, Council has previously advised the Managers the Caravan Park of a flood level for re-development of sites in the Park.

 

General Comments

 

The appeal of coastal or riverine sites to Caravan Parks has historically resulted in nearly all caravan parks located in the shire being located located in flood prone or coastal hazard areas. Many of these locations would not be considered suitable for these types of developments under present planning requirements.

 

CONSULTATION:

 

OEH Floodplain Section

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

The white Albatross Caravan Park is subject to natural hazards and these need to be considered as part of any future development or works in the area. The extent of the hazards may also impact on the ability to evacuate temporary and permanent residents in a large event.

 

Economic

 

Nil

 

Risk

 

Nil

 

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:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  15 March 2018

General Manager's Report

ITEM 9.8      SF2423            150318         2018 February - Approved Construction and Complying Development Certificates

 

AUTHOR/ENQUIRIES:    Candice Lopez, Business Service Officer         

 

Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of February 2018 as at 5 March 2018.

 

 

Recommendation:

 

That the Construction and Complying Development Certificates approved for February 2018 be noted and received for information by Council.

 

 

Attachments:

1

7707/2018 - 2018 February - Approved Construction and Complying Development Certificates

 

  


Ordinary Council Meeting - 15 March 2018

2018 February - Approved Construction and Complying Development Certificates

 


Ordinary Council Meeting                                                                                                  15 March 2018

General Manager's Report

ITEM 9.9      SF2423            150318         2018 February - Development and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Candice Lopez, Business Service Officer         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

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

 

Attached is a list of Development Applications and Complying Development Applications received in February 2018 as at 5 March 2018.

 

Recommendation:

 

That the Development Applications and Complying Development Applications received in February 2018 be received for information.

 

Attachments:

1

7705/2018 - 2018 February - Development and Complying Development Applications Received

 

  


Ordinary Council Meeting - 15 March 2018

2018 February - Development and Complying Development Applications Received

 


Ordinary Council Meeting                                                                                                  15 March 2018

General Manager's Report

ITEM 9.10    SF1148            150318         Council Ranger's Report February 2018

 

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 Ranger and other Council Officers for February 2018.

 

 

Recommendation:

 

That the Council’s Ranger’s report for February 2018 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)

7

4

Abandoned or Stray

4

7

Surrendered

15

9

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

26

20

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

3

Sold

1

5

Released to Organisations for Rehoming

23

4

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

0

Owner’s Request

0

0

Due to Illness, Disease or Injury

0

0

Feral/infant animal

2

0

Unsuitable for rehoming

0

0

Unable to be rehomed

0

0

Total Euthanased

2

0

Total Outgoing Animals

26

12

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

0

8

 

Cattle

Breakdown

Total

Seized

0

0

Returned to Owner

0

0

Impounded

               0

0

Total Seized

0

0

 

 

February 2018

PARKING

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

 

February 2018

COMPANION ANIMALS & OTHER

CHIP NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

Electronic

3169873180

Companion Animal not registered

275.00

22/02/2018

 

 

TOTAL:

275.00

 

 

February 2018

OTHER

Issued By:

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

 

Electronic

3168973170

Development not in accordance with consent

6000.00

13/02/2018

 

 

 

TOTAL:

6000.00

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  15 March 2018

General Manager's Report

ITEM 9.11    SF25                150318         Request for Donation - Bowraville Central School

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

Council has received a request for a Section 356 donation for the supply of topsoil for the Bowraville Central School to be used to upgrade and improve productivity from their School Farm.

 

 

Recommendation:

 

That Council approve a Section 356 donation of $530.60, for the supply of 6m3 of topsoil, delivered, to Bowraville Central School Farm.

 

 

OPTIONS:

 

1        Council can resolve to donate 6m3 of topsoil, delivered, to the value of $530.60;

2        Council can resolve not to donate.

 

 

DISCUSSION:

 

Bowraville Central School has always maintained a very active School Farm and is currently making provision to upgrade and improve the farm’s productivity, and will, at the end of this year, host a “paddock to plate” event with produce grown and sourced from the farm.

 

A copy of the quotation for 6m3 of soil, delivered to Bowraville, from Mitre 10 in Macksville, is attached to this report, and the email request for the Section 356 donation is included in this report below. The request was for an amount of 18m3 of soil, however this would involve three (3) truckloads, and would exceed the balance of the donations budget for 2017/2018. The 6m3 of soil, delivered, fits in with the capped donation amount adopted by Council.

 

Council has a limited amount of funds available for donation in the 2017/2018 Donations Budget – an up to date excerpt is attached to this report - and a donation of $530.60, for the soil and delivery, would leave a balance of $796.40 in the budget until the end of June 2018, for any other one-off donation requests submitted during this financial year.

 

It was assessed to be more beneficial to the school to source “clean topsoil” rather than soil from work sites, that may would be unscreened and may be contaminated with weeds and pesticides.

 

From: Wilson, Lori [mailto:lori.wilson2@det.nsw.edu.au]

Sent: Wednesday, 21 February 2018 1:21 PM

To: council; Mayor

Subject: Soil – For Bowraville Central School

 

Hello Council,

My name is Lori Wilson and I have just taken over teaching Agriculture at Bowraville Central School. This year we are planning on upgrading and improving the productivity of our school farm.


Over the holidays we built some raised garden beds, which now require soil so that we can begin to use them. We are inquiring if Council could help us with our request for soil?

 

We require about 18 cubes of soil to fill the existing beds that are built, and would appreciate if they could be delivered to our site.

We have some really exciting things planned for this year’s Ag Cohort, with a paddock to plate event to be held in early November at the school farm. The students are currently designing the menu and thinking about what they will need to grow, and raise, to be able to serve our guests a 3 course meal from our farm.

Thank you for considering our request and we look forward to hearing from you soon.


Kind Regards

Lori Wilson

Agriculture  Teacher

Bowraville Central School

 

CONSULTATION:

 

General Manager

Grants Officer

Bowraville Central School – Lori Wilson

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment

 

Social

 

Council's donation would assist this proactive School Farm enterprise to grow produce and present to the community in an end of year “paddock to plate” event.

 

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

7939/2018 - Excerpt from Donations Register - 2017/18 - as at 6/03/2018

 

2

7944/2018 - Revised Quotation from Mitre 10 for 6m3 of topsoil delivered to Bowraville

 

  


Ordinary Council Meeting - 15 March 2018

Request for Donation - Bowraville Central School

 

EXCERPT FROM DONATIONS REGISTER AND CURRENT

DONATIONS BUDGET 2017 2018 AS AT 6 MARCH 2018

Donations Register #

Donation Details

$ Donated

160.2018.1.1

Valla Beach Community Playgroup/Installation of Shade Sail

1000.00

160.2017.29.1

Nambucca/Macksville Evening VIEW Club (Hire Fees)

120.00

160.2017.28.1

North Coast Academy of Sport

500.00

160.2017.27.1

Annual Donation to NV Schools - Tallowood Steiner

100.00

160.2017.26.1

Annual Donation to NV Schools - Medlow Public

100.00

160.2017.25.1

Annual Donation to NV Schools - St Mary's Primary

100.00

160.2017.24.1

Annual Donation to NV Schools - Macksville Adventist

100.00

160.2017.23.1

Annual Donation to NV Schools - St Patrick's Primary

100.00

160.2017.22.1

Annual Donation to NV Schools - Nambucca Valley Christian Community

100.00

160.2017.21.1

Annual Donation to NV Schools - Scotts Head Public

100.00

160.2017.20.1

Annual Donation to NV Schools - Nambucca Heads Public

100.00

160.2017.19.1

Annual Donation to NV Schools - Nambucca Heads High

100.00

160.2017.18.1

Annual Donation to NV Schools - Macksville Public

100.00

160.2017.17.1

Annual Donation to NV Schools - Macksville High

100.00

160.2017.16.1

Annual Donation to N V Schools - Frank Partridge VC Public

100.00

160.2017.15.1

Annual Donation to N V Schools - Eungai Public

100.00

160.2017.14.1

Annual Donation to NV schools - Bowraville Central

100.00

160.2017.13.1

Donation to Macksville Gift - Council meeting on 27/07/2017

1000.00

160.2017.11.1

Sponsorship for Wires Mid North Coast - 2017/18 DONATIONS

200.00

160.2017.9.1

Donation towards repair Bowraville town clock - 2017/18 DONATIONS

1500.00

160.2017.10.1

Line Marking - Scotts Head Sports Field - 2017/18 DONATIONS

1000.00

160.2017.12.1

Annual Legacy Appeal

200.00

160.2017.8.1

Council Resolution - annual donation to Talarm Hall CoM

500.00

160.2017.6.1

Contribution for Neurological Nurse - 2017/18 DONATIONS

500.00

160.2017.5.1

Utungun Hall CoM - Freezer  for Hall - 2017/18 DONATIONS

484.00

160.2017.3.1

Nambucca Valley Craft & Art Inc - running costs - 2017/18 DONATIONS

1000.00

160.2017.1.1

Gordon Park Tennis Club - Reimburse CC fees for DA2016/35

1769.00

160.2017.2.1

NCAC CoM - Contribution towards purchase of seating - 2017/18

2500.00

Total Donations to 6/03/2018

13673.00

$

Donations Budget 2017/2018

15000.00

Less Donations already paid

-13673.00

BALANCE AVAILABLE FOR DONATION 17/18

1327.00

 


Ordinary Council Meeting - 15 March 2018

Request for Donation - Bowraville Central School

 

 


Ordinary Council Meeting                                                                                                  15 March 2018

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2368            150318         Investment Report to 28 February 2018

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2017 to 30 June 2018 is currently estimated to be $1,176,842.

 

The original budget allocation for the financial year “2017/18” is $979,000.

 

Council currently has $37.650 Million invested:

 

·      $   6.240 Million with Managed Funds,

·      $   2.195     Million with On Call Accounts

·      $ 24.465      Million on Term Deposits

·      $   4.750     Million with Floating Rate Notes

 

This report details all the investments placed during February and Council funds invested as at 28 February 2018.

 

The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council Policy 1.9 – Investment of Surplus Funds

 

 

 

C P Doolan

Responsible Accounting Officer

 

 

Recommendation:

 

That the Accountants’ Report on Investments placed to 28 February 2018 be noted.

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during February 2018 and Council funds invested as at February 2018.

 

Details below are the following report and graphs:

 

·      Investments Matured & Interest & Returns 1 to 28 February 2018

·      Investments Held at 28 February 2018

·      Managed Funds, On/Call and Floating Rate T/D & Notes

·      Term Deposits

·      Monthly Investments Revenue Earned

·      Weighted Average Return

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONSULTATION:

 

Grove Research and Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

Risk

 

That Council may not meet its budget returns for 2017/2018 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2017/2018 has been completed with the December 2017 Budget Review and GPG Research & Advisory have provided Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments have been assessed with the December 2017 Budget Review. Variances will be distributed between the Water, Sewerage and General Funds for the financial year during the year.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  15 March 2018

Assistant General Manager Corporate Services Report

ITEM 10.2    SF335              150318         Talarm Hall Committee of Management - Extraordinary Meeting

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

The Annual General Meeting (AGM) of the Talarm Hall Committee of Management was held on 16 November 2017 no President, Vice President or Secretary were elected for 2017/2018.  An extraordinary meeting has since been held and a Committee has now been elected.

 

 

Recommendation:

 

That Council endorse the minutes of the Talarm Hall Committee of Management Extraordinary Meeting held on 23 February 2018.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting (AGM) of the Talarm Hall Committee of Management was held on 16 November 2017 no President, Vice President or Secretary were elected for 2017/2018.  An Extraordinary Meeting was held on 23 February 2018 and the following Committee was elected.  Minutes are (attached)

 

President - Jeanette Welsh

Treasure - Brooke Farnsworth

Secretary - Christine Glover

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications on the environment.

 

Social

 

Currently the operation of the Talarm Hall as a community facility is reliant on a Committee of Management. This will obviously not work without a functioning Committee.

 

Economic

 

There are currently no economic implications.

 

 


Risk

 

There are currently no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are impacts no current and future budgets, beyond the cost the recommended correspondence and advertising.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

Service level changes and resourcing/staff implications

 

There are currently no changes or implications stemming from this report. 

 

Attachments:

1

8004/2018 - TALARM HALL Extraordinary Meeting 23rd Feb 2018 - Election of new Committee

 

  


Ordinary Council Meeting - 15 March 2018

Talarm Hall Committee of Management - Extraordinary Meeting

 

TALARM HALL

Talarm Road, Talarm

 

Michael Coulter                                          23.2.18

Nambucca Shire Council

P.O Box 177

Nambucca Heads, 2447

 

Good morning Michael

 

RE: Extraordinary General Meeting

 

I wish to inform you of the results of the recent Talarm Hall Extraordinary General Meeting.

 

During this meeting we were joined by Brian Finlayson of the Nambucca Shire Council.

 

The purpose of the meeting was the hope of forming a new management committee.

 

A unanimous decision was reached with the following results -

President - Jeanene Welsh

Treasure - Brooke Farnsworth

Secretary - Christine Glover

 

Please don't hesitate to contact me should you wish to discuss this further.

 

Christine Glover

 

Secretary

79 Talarm Road,
Talarm NSW 2447

talarmhall@gmail.com


Ordinary Council Meeting                                                                                                  15 March 2018

Assistant General Manager Corporate Services Report

ITEM 10.3    SF336              150318         Taylors Arm Hall Committee of Management - Annual General Meeting - 14 December 2017

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

The report acknowledges the minutes of the Annual General Meeting (AGM) of the Taylors Arm Committee of Management.  A copy of the minutes and financial report are attached.

 

 

Recommendation:

 

That Council endorse the minutes of the Taylors Arms Hall Committee of Management Annual General Meeting held on 14 December 2017 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Taylors Arm Hall Committee of Management was held on 14 December 2017.

 

The Committee of Management for 2017/2018 comprises:

 

President                                           Vicki Provost

Vice President                                    Noel Wright

Second Vice President                       Allen Ward

Secretary                                           Raylene Daley

Treasurer                                            Julie Gooch

Ordinary members                                       Michael Spear

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications on the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 


Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are impacts on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes or implications stemming from this report.

 

 

Attachments:

1

7996/2018 - Taylors Arm Hall Committee AGM

 

  


Ordinary Council Meeting - 15 March 2018

Taylors Arm Hall Committee of Management - Annual General Meeting - 14 December 2017

 


 


 


Ordinary Council Meeting                                                                                                  15 March 2018

Corporate Services

ITEM 10.4    SF251              150318         Schedule of Council Public Meetings 2018

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

SUMMARY:

 

The following is a schedule of dates for public Council meetings to be held in 2018.  The meeting dates may change from to time and this will be recorded in the next available report to Council.

 

 

Recommendation:

 

That the schedule of dates for Council meetings in 2018 be noted and received for information by Council.

 

 

MEETING

DATE

VENUE

COMMENCING

Land Development Committee1

15 March

Council Chambers

4.00 PM

Ordinary Council Meeting

15 March

Council Chambers

5.30 PM

Access Committee

27 March

Council Chambers

2.00 PM

Traffic Advisory Committee

3 April

Committee Room

10.30AM

Ordinary Council Meeting

12 April

Council Chambers

5.30 PM

Access Committee

24 April

Council Chambers

2.00 PM

Ordinary Council Meeting

26 April

Council Chambers

5.30 PM

Clean Energy Committee

2 May

Committee Room

10.30 AM

NSW Rural Fire Service SLA Meeting

9 May

Kempsey Fire Control Centre

9.30 AM

Ordinary Council Meeting

17 May

Council Chambers

5.30 PM

Access Committee

22 May

Council Chambers

2.00 PM

Ordinary Council Meeting

31 May

Council Chambers

5.30 PM

Land Development Committee Meeting

14 June

Council Chambers

4.00 PM

Ordinary Council Meeting

14 June

Council Chambers

5.30 PM

Access Committee

26 June

Council Chambers

2.00 PM

Ordinary Council Meeting

28 June

Council Chambers

5.30 PM

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                                  15 March 2018

Assistant General Manager Engineering Services Report

ITEM 11.1    SF931              150318         Tender T521718MNC for the Provision of Traffic Control Services for the period 1 April 2018 to the 31 Mach 2020

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets         

 

Summary:

 

Regional Procurement conducted an open panel source tender for the provision of traffic control services for a number of Council’s on the Mid North Coast in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

 

A tender is required as the expense of the purchase of products is anticipated to exceed the statutory tender limit of $150,000 over the term of the contract. There is an economical outcome on the unit purchase price based on quantity of the product associated with a joint focused tender.

 

Tenders closed at 10.00am on the 16 January 2018.

 

The Tender Evaluation Report is attached within the confidential report for the information of Councillors.

 

NOTE:  As per Clause 31 of Council's Code of Meeting Practice a division is required for all tenders considered at Council meetings, which requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

1          That Council award the contract for Tender REGPRO 041718 for the provision of “traffic control services” to;

 

·    Altus Traffic Pty Ltd

·    Complete Staff Solutions

·    DOB Enterprises t/as Watchout Training and Traffic Control

·    Evolution Traffic Control Pty Ltd

·    Newada Pty Ltd t/as Men at Work

·    New Start Australia Pty Ltd

·    Workforce Road Services Pty Ltd

 

          as a Panel Source supplier to Nambucca Shire Council for the period 1 April 2018 to 31 March 2020

 

2        That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 31 March 2021.

 

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).

 

 

OPTIONS:

 

Accept the tender recommendations or;

 

Not accept the tender recommendations

 

 


 

DISCUSSION:

 

Further information is contained in the confidential report as per Section 10A(2) (d) of the Local Government Act pertaining to Commercial In Confidence.

 

Council signed a letter of participation for this tender.

 

The tender was advertised in the following media:

 

·      Tenderlink on 12 December 2017;

·      Sydney Morning Herald on 12 December 2017;

·      Coffs Coast Advocate 12 March December 2017.

 

Seven (7) Tenders in total were received from the following suppliers:

 

·      Altus Traffic Pty Ltd

·      Complete Staff Solutions

·      DOB Enterprises t/as Watchout Training and Traffic Control

·      Evolution Traffic Control Pty Ltd

·      Newada Pty Ltd t/as Men at Work

·      New Start Australia Pty Ltd

·      Workforce Road Services Pty Ltd

 

Nine (9) tender documents were sold.

 

Probity:

 

The Tender has been conducted in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

 

Conflict of interest declarations were signed by the evaluation review members including the Regional Procurement facilitator. The declarations are available to be viewed if required.

 

All tenderer insurance records were checked against tender requirements and potential non-conformities were noted in the evaluation matrix for the consideration of the councils.

 

The evaluation was conducted in accordance with the Local Government Tendering Guidelines, Regional Procurement Tendering Code of Conduct and Tendering Evaluation Principles and Process. Confidentiality and probity were maintained throughout the process.

 

Methodology:

 

The % weightings and criteria were agreed upon by council prior to the tender closing.

 

The evaluation result was determined by:

 

·      Adding the total value of all items together to determine the lowest overall price.

·      The lowest overall amount was awarded the full Criteria % for each Category, as shown in the Evaluation Results Table in the attachment within the confidential report.

·      Each subsequent total $ value was then divided into the lowest total amount to obtain a score.

 

Other evaluation criteria were evaluated based on the following factors:

 

·      If the tenderer provided the required evidence to meet the benchmark, eg: ISO 9001:2008 certificate and QMS document contents page, the evaluation awarded full marks (5) for that category.

·      If the tenderer provided partial evidence to meet the benchmark, eg: provided a QMS document contents page but they are not ISO certified, the evaluation determined a lower score between 2-4, subject to the evidence in front of them.

·      If the tenderer failed to meet the benchmark completely, eg: they demonstrated no ability to meet the criteria and did not provide any evidence, the evaluation awarded 0 points to the tenderer for that evaluation criteria.

 

Where “Referees” was included as weighted criteria, each Tenderer’s referees score was calculated by adding the total scores obtained from the Tenderer’s three nominated referees (where each is worth up to 25 points) and dividing this total by the maximum possible score of 75, then multiplying this number by the allocated matrix Weighting value (eg 5%).

 

Note:

 

·      No late tenders were received.

·      All tenderers had been noted as active on the ASIC website.

·      No tenders were deemed non-compliant.

·      A zero score was awarded where a referee was unresponsive

 

This contract will run from 1 April 2018 to 31 March 2020.  A 12 month option may be taken up based on satisfactory performance by the successful tenderer.

 

Contract Price Variations:

 

As outlined within the tender evaluation report contained in the confidential report

 

In accordance with the Local Government (General) Regulation 2005 – Part 7 Tendering, where expenditure on a tender exceeds $150,000 over the term of the contract a council must, by resolution, adopt a report accepting the tender recommendation

 

 

CONSULTATION:

 

Regional Procurement

Manager Infrastructure Services

Manager Water and Sewerage

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications associated with this report

 

Social

 

There are no social implications associated with this report

 

Economic

 

The tender ensures that Council continues to receive the most competitive price for traffic control services.

 

Risk

 

The tender process ensures that Council’s procurement practices comply with Local Government regulations

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funding for traffic control services is allowed for in current and future budgets.  The estimated expenditure is around $250k per annum.

 

Source of fund and any variance to working funds

 

Funding will come from maintenance and capital votes and also from grant funds.

 

Service level changes and resourcing/staff implications

 

There are no implications related to levels of service.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  15 March 2018

Assistant General Manager Engineering Services Report

ITEM 11.2    SF931              150318         Tender T381718MNC for the Supply of Ready Mix Concrete for the period 1 January 2018 to 31 December 2019

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets         

 

Summary:

 

Regional Procurement conducted an open panel source tender for supply of ready mix concrete (T381718MNC for a number of Council’s on the Mid North Coast in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

 

A tender is required as the expense of the purchase of products is anticipated to exceed the statutory tender limit of $150,000 over the term of the contract. There is an economical outcome on the unit purchase price based on quantity of the product associated with a joint focused tender.

 

Tenders closed at 10.00am on the 17 October 2017

 

The Tender Evaluation Report is attached within the confidential report for the information of Councillors. The evaluation and report to Council was on hold pending clarification of other local business notifications of the tender which were confirmed with no tenders being submitted from local suppliers.

 

NOTE:  As per Clause 31 of Council's Code of Meeting Practice a division is required for all tenders considered at Council meetings, which requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

1        That Council award Tender (T381718MNC) for the supply of “ready mix concrete” to Boral Resources NSW Pty Ltd for the period of 1 January 2018 to 31 December 2019.

 

2        That a provision be allowed for a 12 month extension to (T381718MNC) based on           satisfactory supplier performance, which may take this contract      through to 31 December           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).

 

 

OPTIONS:

 

Accept the tender recommendations or;

 

Not accept the tender recommendations

 

 

DISCUSSION:

 

Further information is contained in the confidential report as per Section 10A(2) (d) of the Local Government Act pertaining to Commercial In Confidence.

 

Council signed a letter of participation for this tender.  The tender was advertised in the following media:

 

·      Tenderlink on 23 September 2017;

·      Sydney Morning Herald on 26 September2017;

·      Coffs Coast Advocate 23 September 2017.

 

Four (4) Tenders in total were received from the following suppliers:

 

·      Boral Resources Country Pty Ltd

·      RW and CA Hall t/a Coffs Harbour Mini Mix

·      High Quality Concrete Pty Ltd

·      Holcim Australia Pty Ltd

 

Five (5) tender documents were sold.

 

Probity:

 

The Tender has been conducted in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

 

Conflict of interest declarations were signed by the evaluation review members including the Regional Procurement facilitator. The declarations are available to be viewed if required.

 

All tenderer insurance records were checked against tender requirements and potential non-conformities were noted in the evaluation matrix for the consideration of the councils.

 

The evaluation was conducted in accordance with the Local Government Tendering Guidelines, Regional Procurement Tendering Code of Conduct and Tendering Evaluation Principles and Process. Confidentiality and probity were maintained throughout the process.

 

Methodology:

 

The % weightings and criteria were agreed upon by council prior to the tender closing.

 

The evaluation result was determined by:

 

·      Adding the total value of all items together to determine the lowest overall price.

·      The lowest overall amount was awarded the full Criteria % for each Category, as shown in the Evaluation Results Table in the attachment within the confidential report.

·      Each subsequent total $ value was then divided into the lowest total amount to obtain a score.

 

Other evaluation criteria were evaluated based on the following factors:

 

·      If the tenderer provided the required evidence to meet the benchmark, eg: ISO 9001:2008 certificate and QMS document contents page, the evaluation awarded full marks (5) for that category.

·      If the tenderer provided partial evidence to meet the benchmark, eg: provided a QMS document contents page but they are not ISO certified, the evaluation determined a lower score between 2-4, subject to the evidence in front of them.

·      If the tenderer failed to meet the benchmark completely, eg: they demonstrated no ability to meet the criteria and did not provide any evidence, the evaluation awarded 0 points to the tenderer for that evaluation criteria.

 

Where “Referees” was included as weighted criteria, each Tenderer’s referees score was calculated by adding the total scores obtained from the Tenderer’s three nominated referees (where each is worth up to 25 points) and dividing this total by the maximum possible score of 75, then multiplying this number by the allocated matrix Weighting value (eg 5%).

 

Note:

·      No late tenders were received.

·      All tenderers had been noted as active on the ASIC website.

·      No tenders were deemed non-compliant.

·      A zero score was awarded where a referee was unresponsive

 

This contract will run from 1 April 2018 to 31 March 2020.  A 12 month option may be taken up based on satisfactory performance by the successful tenderer.

 

Contract Price Variations:

 

As outlined within the tender evaluation report contained in the confidential report

 

In accordance with the Local Government (General) Regulation 2005 – Part 7 Tendering, where expenditure on a tender exceeds $150,000 over the term of the contract a council must, by resolution, adopt a report accepting the tender recommendation

 

 

CONSULTATION:

 

Regional Procurement

Manager Infrastructure Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no environmental implications associated with this report

 

Social

There are no social implications associated with this report

 

Economic

The tender ensures that Council continues to receive the most competitive price for traffic control services.

 

Risk

The tender process ensures that Council’s procurement practices comply with Local Government regulations

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Funding for guardrail is allowed for in current and future budgets. The estimated expenditure is around $80k per annum.

 

Source of fund and any variance to working funds

Funding will come from maintenance and capital votes and also from grant funds.

 

Service level changes and resourcing/staff implications

There are no implications related to levels of service.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  15 March 2018

Assistant General Manager Engineering Services Report

ITEM 11.3    SF931              150318         Tender REGPR0511718 for the Supply and Installation / Supply Only of Road Safety Barrier Systems for the period 1 April 2018 to 31 March 2020

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets         

 

Summary:

 

Regional Procurement conducted an open panel source tender for supply and installation / supply only of road safety barrier systems REGPR0511718 for a number of Council’s on the Mid North Coast and Hunter Valley in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

 

A tender is required as the expense of the purchase of products is anticipated to exceed the statutory tender limit of $150,000 over the term of the contract. There is an economical outcome on the unit purchase price based on quantity of the product associated with a joint focused tender.

 

Tenders closed at 10.00am on the 16 January 2018

 

The Tender Evaluation Report is attached within the confidential report for the information of Councillors

 

NOTE:  As per Clause 31 of Council's Code of Meeting Practice a division is required for all tenders considered at Council meetings, which requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

1        That Council award the Tender REGPRO 0511718 for category A – Supply and Installation of Road Safety Barrier Systems as a Panel Source supplier to Nambucca Shire Council for the period 1 April 2018 to 31 March 2020to;

 

·      D&P fencing Contractors

·      GRI Road Services

·      Guardrail Installations Australia

·      Guardrail Systems

·      Ontime Guardrail

·      Irwin Fencing

 

2        That Council award the Tender REGPR0511718) for category B – Supply Only of Road Safety Barrier Systems as a Panel Source supplier to Nambucca Shire Council for the period 1 April 2018 to 31 March 2020 to:

 

·      Ingal Civil

·      GRI Road Services

·      Guardrail Systems

 

3        That a provision be allowed for a 12 month extension to (REGPRO 0511718) for both Category A and B based on satisfactory supplier performance, which may take this contract through to 31 March 2021.

 

4        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

 

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

 

 

 

OPTIONS:

 

Accept the tender recommendations or;

 

Not accept the tender recommendations

 

 

DISCUSSION:

 

Further information is contained in the confidential report as per Section 10A(2) (d) of the Local Government Act pertaining to Commercial In Confidence.

 

Council signed a letter of participation for this tender.

 

The tender was advertised in the following media:

 

·      Tenderlink on 12 December 2017;

·      Sydney Morning Herald on 12 December 2017;

·      Coffs Coast Advocate 16 December 2017.

 

Seven (7) Tenders in total were received from the following suppliers:

 

·      Destraz Pty Ltd t/as D&P Fencing Contractors

·      GRI Road Services Pty Ltd

·      Guardrail Installations Australia Pty Ltd

·      Guardrail Systems Pty Ltd

·      Ingal Civil Products

·      Roadverge Pty Ltd t/as Ontime Guardrail

·      Irwin Fencing Pty Ltd

 

Eight (8) tender documents were sold.

 

Probity:

 

The Tender has been conducted in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

 

Conflict of interest declarations were signed by the evaluation review members including the Regional Procurement facilitator. The declarations are available to be viewed if required.

 

All tenderer insurance records were checked against tender requirements and potential non-conformities were noted in the evaluation matrix for the consideration of the councils.

 

The evaluation was conducted in accordance with the Local Government Tendering Guidelines, Regional Procurement Tendering Code of Conduct and Tendering Evaluation Principles and Process. Confidentiality and probity were maintained throughout the process.

 

Methodology:

 

The % weightings and criteria were agreed upon by council prior to the tender closing.

 

The evaluation result was determined by:

 

·      Adding the total value of all items together to determine the lowest overall price.

·      The lowest overall amount was awarded the full Criteria % for each Category, as shown in the Evaluation Results Table in the attachment within the confidential report.

·      Each subsequent total $ value was then divided into the lowest total amount to obtain a score.

 

Other evaluation criteria were evaluated based on the following factors:

 

·      If the tenderer provided the required evidence to meet the benchmark, eg: ISO 9001:2008 certificate and QMS document contents page, the evaluation awarded full marks (5) for that category.

·      If the tenderer provided partial evidence to meet the benchmark, eg: provided a QMS document contents page but they are not ISO certified, the evaluation determined a lower score between 2-4, subject to the evidence in front of them.

·      If the tenderer failed to meet the benchmark completely, eg: they demonstrated no ability to meet the criteria and did not provide any evidence, the evaluation awarded 0 points to the tenderer for that evaluation criteria.

 

Where “Referees” was included as weighted criteria, each Tenderer’s referees score was calculated by adding the total scores obtained from the Tenderer’s three nominated referees (where each is worth up to 25 points) and dividing this total by the maximum possible score of 75, then multiplying this number by the allocated matrix Weighting value (eg 5%).

 

Note:

 

·      No late tenders were received.

·      All tenderers had been noted as active on the ASIC website.

·      No tenders were deemed non-compliant.

·      A zero score was awarded where a referee was unresponsive

 

This contract will run from 1 April 2018 to 31 March 2020.  A 12 month option may be taken up based on satisfactory performance by the successful tenderer.

 

Contract Price Variations:

 

As outlined within the tender evaluation report contained in the confidential report

 

In accordance with the Local Government (General) Regulation 2005 – Part 7 Tendering, where expenditure on a tender exceeds $150,000 over the term of the contract a council must, by resolution, adopt a report accepting the tender recommendation

 

 

CONSULTATION:

 

Regional Procurement

Manager Infrastructure Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications associated with this report

 

Social

 

There are no social implications associated with this report

 


 

Economic

 

The tender ensures that Council continues to receive the most competitive price for traffic control services.

 

Risk

 

The tender process ensures that Council’s procurement practices comply with Local Government regulations

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funding for guardrail is allowed for in current and future budgets. The estimated expenditure is around $100k per annum.

 

Source of fund and any variance to working funds

 

Funding will come from maintenance and capital votes and also from grant funds.

 

Service level changes and resourcing/staff implications

 

There are no implications related to levels of service.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  15 March 2018

Assistant General Manager Engineering Services Report

ITEM 11.4    SF843              150318         Minutes of the Vehicular Access to Beaches Committee - 16 February 2018

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services; Daniel Walsh, Manager Development and Environment; Clint Fitzsummons, Manager Assets         

 

Summary:

 

A meeting of the Vehicular Access to Beaches Committee (VABC) was held on Friday, 16 February 2018.

 

 

Recommendation:

 

1        That the minutes of the Vehicular Access to Beaches Committee meeting held on Friday 16 February 2018 be received and noted.

 

2        That Council note and endorse the development of plans for the repair of the 4WD beach access tracks at Valla Beach and Scotts Head.

 

3        That Council allocate $30K from the Reserves fund to the 2017/18 Budget.

 

4        That a review of the Companion Animals Control of Dogs and Cats Policy be undertaken to amend the Dogs on Leash area to include an area from the western access point of Shelly Beach to Beilby’s Beach.

 

 

OPTIONS:

 

1        Adopt the recommendations

 

2        Amend the recommendations

 

 

DISCUSSION:

 

The VABC convenes twice per annum and if a quorum cannot be achieved comprising of 1 Councillor, 3 Honorary Rangers plus the Assistant General Manager Engineering Services or his delegated officer, the VABC cannot formally resolve recommendations to be presented to Council for consideration and only discussions on the reports occurred with consensus agreeing to the recommendations and a record of the discussion presented to Council.

 

On this occasion a quorum was achieved with 2 Councillors, 4 Honorary Rangers and the Assistant General Manager Engineering Services.

 

The Vehicular Access To Beaches Committee resolved to ask Council to consider allowing dogs on a lead form the western access point of Shelly Beach to Beilby’s Beach. 

 

Council’s Manager Development and Environment has advised that Council’s current Companion Animals Control of Dogs and Cats Policy Item 6a states that dogs are prohibited from Shelly Beach and Beilby’s Beach. 

 

Item 8 permits dogs on the following beaches before 9.00am and after 6.00pm On Leash Only:

 

a        North Valla Beach – from the timber walkway on the north side of the headland to the access path referred to in 7(b) before 9.00 am and after 6.00 pm.

b        Nambucca Heads Main Beach - from the northern end of the main beach car park northward to Swimming Creek beach access before 9.00 am and after 6.00 pm.

 

There are two options:

 

Option 1      That the current Companion Animals Control of Dogs and Cats Policy remains unchanged and no further action is required.

 

Option 2      Undertake community consultation through a review of the Companion Animals Control of Dogs and Cats Policy

 

 

CONSULTATION:

 

Manager Development and Environment

Vehicular Access To Beaches Committee

 

Comment from General Manager

 

The rules pertaining to dogs on beaches across the Shire are arguably too complex with bans being in place on some beaches; dogs being allowed on others provided they are on leashes and other arrangements which permit dogs leash free between certain hours.  There may be an argument that dogs on leashes should be allowed on all beaches as a base line standard with restrictions in place for leash free areas.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The monitoring of 4WD Beach Permit holders when driving on beaches in the Shire by Council’s Ranger and volunteer Honorary Rangers will aid in the protection of sand dunes within the beach environment.  It also assists in the prevention of unregistered or vehicles without permits driving on the beaches.

 

Social

 

The safety of other beach users is enhanced and is consistent with public requests.

 

Economic

 

There are economic issues associated with tourism as the access to beaches is a draw card for visitors to the region.

 

Risk

 

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be no direct or indirect impact on current or future budgets as the income realised from the sale of the beach permits is used for the maintenance of the beach access tracks and signage and is cost neutral to the budget.

 

Source of fund and any variance to working funds

 

There are no changes to working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels or resourcing/staff implications associated with this report.

 

Attachments:

1

5653/2018 - Minutes - Vehicular Access to Beaches Committee - 16 February 2018

 

  


Ordinary Council Meeting - 15 March 2018

Minutes of the Vehicular Access to Beaches Committee - 16 February 2018

 

PRESENT

 

Cr J Ainsworth - Chairperson

Cr B Finlayson

J Sakker

G Artlett

B Watts

R Smyth

P Gallagher – Assistant General Manager Engineering Services

 

APOLOGIES

 

D Edwards

K Morrison Snr

 

 

CONFIRMATION OF MINUTES

 

16/18 RESOLVED: (Sakker/Artlett)

 

That the Committee note the adoption of the Minutes of the Meeting held 10 November 2017.

 

 

 

  

Assistant General Manager Engineering Services Report

ITEM 6.1      SF843                160218      Outstanding Actions - Reported to February 2018 meeting

DISCUSSION:

 

Shelly Beach Ramp works excellent. Western side of ramp needs attention. Palm tree falling away – see if some of the palm tree can be saved.

 

Shelly Beach Signage – Would like a warning sign erected highlighting to swimmers that this is a boat launching and retrieval area. General public are unaware of regulations and the right of way of incoming boats.  AGMES would investigate and see if a warning sign can be erected (locate the sign on the peg identified as a potential spot). Council look into providing extra signage at Shelly Beach for the safety of swimmers and boat retrieval.

 

17/18 RESOLVED: (Watts/Smyth)

 

The progress on the outstanding actions presented to the meeting on 16 February 2018 be received and noted and that Council look into providing extra signage at Shelly Beach for the safety of swimmers and boat retrieval.

 

 

 

 


 

 

ITEM 6.2      SF843                160218      Financial Report - February 2018

DISCUSSION:

 

AGMES advised that Beach Permit income is down following the introduction of the 2 week permit.

However, the Reserve funds have previously been earmarked for the repair of the Valla Beach 4WD Access and the Scotts Head Beach Access.  The works at Valla Beach have been estimated at around $20,000.  JS suggested that pipe / rock crossing be looked at instead of planks. AGMES advised that OEH wanted an environmental solution of planks in this vicinity.  The planks and chains are continuously breaking at the Scotts Head 4WD Beach Access and it is suggested that REPLAS recycled plastic planks and rock revetment ($30,000 cost estimate) would rectify the issues. 

 

AGMES advised the VATBC that this would need to be identified and included in the 2018/2019 budget and asked if they were in agreement for the Reserve Funds to be used to assist in these repairs.

 

MOTION: (Watts/Smyth)

 

That the VATBC endorse the development of plans to do the 4WD works at Valla Beach and Scotts Head 4WD tracks and support the use of the Reserve funds to undertake the work.

 

AMENDMENT:

 

That the VATBC endorse the development of plans to do the 4WD works at Valla Beach and Scotts Head 4WD tracks and support the use of the Reserve funds to undertake the work and that a further report be submitted to the VATBC to advise final estimates.

 

18/18  RESOLVED (Watts/Smyth)

 

1        That the Financial Report dated 13 February 2018 presented to the Vehicular Access To Beaches Committee on 16 February 2018 be received and noted.

 

2        That the VATBC endorse the development of plans to do the 4WD works at Valla Beach and Scotts Head 4WD tracks and support the use of the Reserve funds to undertake the work and that a further report be submitted to the VATBC to advise final estimates.

 

 

 

ITEM 6.3      SF843                160218      Status of 4WD Access Tracks - February 2018

19/18 RESOLVED: (Artlett/Sakker)

 

That the report on the beach access tracks as at the 12 February 2018 and presented to the Vehicular Access To Beaches Committee on 27 February 2018 be received and noted.

 

 

 

ITEM 6.4      SF843                160218      Report from Manager Development and Environment - February 2018

20/18 RESOLVED: (Sakker/Artlett)

 

That the report from the Manager Development and Environment for the period January 2017 to 31 January 2018 be received and noted.

 

 

 

 

 

ITEM 6.5      SF843                160218      Honorary Rangers Reports - February 2018

DISCUSSION:

 

Late report from Honorary Ranger Dale Edwards was circulated.

 

James Sakker

·      Written Report lodged – the trees down on the beach at Swimming Creek still causing access difficulties for 4WD at high tide.

 

Greg Artlett

·      Nothing to report.

 

Bill Watts:

·      4WD Access at Scotts Head Beach has always been an issue

·      Valla Beach – no problems with the locals

·      Shelly Beach signage (discussed earlier)

·      Dogs on Shelly Beach – Feels we discriminate against the elderly as dogs are not allowed between Shelly Beach and Main Beach.  Would like to be able to walk dogs on the beach as long as they are on a lead.

 

Cr Ainsworth:

·      Chairperson requested that the dog issue be brought up as a separate matter at the conclusion of the Honorary Rangers reports.

 

Rhett Smyth

·      Has not been on the other beaches due to work commitments. Predominantly at Shelly Beach.

 

21/18 RESOLVED: (Watts/Sakker)

 

That the written and verbal reports from the Honorary Rangers provided on the 16 February 2018 be received and noted.

 

 

   

GB2/18 - Bill Watts - Dogs on Shelly Beach (Ref SF843)

Requested that Council consider allowing dogs on a lead from the western access point of Shelly Beach to Beilby’s Beach.

COMMENT FROM AGMES:       This would need to be referred to Council’s Manager Development and Environment.

22/18 RESOLVED: (Watts/Smyth)

 

That the Vehicular Access To Beaches Committee ask Council to consider allowing dogs on a lead from the western access point of Shelly Beach to Beilby’s Beach.

 

 

 

 

 

NEXT MEETING DATE

 

Written advice will be provided to the VATBC requesting their concurrence with the plans and costs of planned works at the Valla Beach and the Scotts Head 4WD access track.

 

The next meeting will be held on 9 November 2018 commencing at 1.30pm. 

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 2.20pm

 

 

John Ainsworth

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                  15 March 2018

Assistant General Manager Engineering Services Report

ITEM 11.5    SF61                150318         Surf Life Saving Report - March 2018

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets         

 

Summary:

 

The 2017/2018 Contract Report from Australian Lifeguard Service has been received by Council for the patrolled areas of Nambucca Heads, Scotts Head and South Valla Beach.  A copy of the report is attached for Council’s information

 

The report provides statistical information on each beach patrol area relating to the following functions:

 

·      Beach usage and rescue statistics;

·      First aid and preventative actions;

·      Ordinance control; and

·      Public relations.

 

This is the third year of a five year contract with Australian Lifeguard Service.  The season highlights are summarised as follows:

 

·      Beach Visitation 35,776 people were recorded visiting the patrolled beaches, the highest number at was at Scotts Head Beach (22,267)

·      Prevention 2,569 preventative actions

·      0 significant rescues (0 lives saved)

·      First Aid 30 first aid treatments

·      Law Enforcement 113 law enforcement actions

·      Public Relations 3,928 cases of providing information and advice to the public.

 

 

Recommendation:

 

That Council receive and note the Season Report for 2017/2018 from the Australian Lifeguard Service.

 

 

OPTIONS:

 

1        Note the report.

2        Consider extending life guard service through other holiday periods of spring, Easter and autumn school holidays

3        Consider extending the hours of the life guard service from 9.00am to 5.00pm

 

 

DISCUSSION:

 

Nambucca Shire Council uses the Australian Lifeguard Service to provide lifeguard services for Valla Beach, Nambucca Heads and Scotts Head beaches over the Christmas Holidays. Specifically this organisation patrols the beaches between 9.30am and 3.30pm during the following periods:

 

          Valla Beach                     16 December 2017 to 28 January 2018

          Nambucca Heads            16 December 2017 to 28 January 2018

          Scotts Head                    16 December 2017 to 28 January 2018

 

Nambucca Heads and Scotts Head Surf Life Saving Clubs also provide valuable volunteer hours in addition to the contracted services.

 

Australian Lifeguard Service is required to provide a Contract Report at the end of the season and a copy of the 2015/2016 document is attached. 

 

The report provides statistical information on each beach patrol area relating to the following functions

 

·      Beach usage and rescue statistics;

·      First aid and preventative actions;

·      Ordinance control; and

·      Public relations.

 

The Nambucca Valley once again experienced reasonably favourable weather conditions over the seasons service, however there was a decrease in attendance from the previous corresponding December/January period and this may have been attributed to the high swells experienced and the potential media surrounding shark sightings.  Statistically the patronage is on par when compared to the previous years:

 

          2009/10        30,977

          2010/11        23,931

          2011/12        32,499

          2012/13        39,979

          2013/14        36,366

          2014/15        43,599

          2015/16        37,150

          2016/17        46,638

          2017/18        35,776

 

As with previous statistics the busiest beach was Scotts Head; however there were decreases in attendance associated with all beaches.

 

Beach

2012/13

2013/14

2014/15

2015/16

2016/17

2017/18

Scotts Head

23109

22859

23393

23805

24,896

22,267

Valla Beach

7697

7961

12286

7281

16,052

8,295

Nambucca Heads

9173

5546

7920

6064

5,690

5,214

TOTAL

39979

36366

43599

37150

46,638

35,776

 

During the contracted service there were 0 significant rescues (defined as Lifeguards rendering assistance to swimmers who find themselves in a difficult situation, but not imminent danger.

 

Beach

2012/13

2013/14

2014/15

2015/16

2016/17

2017/18

Scotts Head

0

14

0

6

0

0

Valla Beach

1

3

14

0

11

0

Nambucca Heads

1

0

1

0

1

0

TOTAL

2

17

15

6

12

0

 

The extension of the service through the other holiday periods has been considered by Council each year on receipt of the season report and during budget deliberations, at which time Council has maintained the resolution to remain with the 6 week contract period commencing just before Christmas to the end of January generally between the hours of 9.30am to 3.30pm.

 

 

CONSULTATION:

 

There was no consultation in preparing this report

 

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment associated with this report.

 

Social

 

The service provides a public safety and education program as well as performing life saving and rescues.

 

Economic

 

The provision of safe beaches is important to holiday visitors.

 

Risk

 

The peak holiday period is December to January during the School holidays and life saving needs to be in place for that period as a minimum.  There is a risk of confusion when adjoining Local Government areas have different arrangements.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost for life guard services is provided in the 2017/18 budget The annual costs for the service has been progressively increasing since the implantation of the contract service. The conditions of the contract allow for an annual increase.

 

Source of fund and any variance to working funds

 

Normal arrangements included in the budget.

 

Service level changes and resourcing/staff implications

 

 

Attachments:

1

7665/2018 - Nambucca Shire Council -  Surf Life Saving 2017-18 season report

 

  


Ordinary Council Meeting - 15 March 2018

Surf Life Saving Report - March 2018

 


 


 


 


 


 


 


 


 

 


 


 


 


 

 


 


 


 


 

 


 


 


 


 

 


Ordinary Council Meeting                                                                                                  15 March 2018

Assistant General Manager Engineering Services Report

ITEM 11.6    SF2393            150318         Request for a Temporary Road Closure - Scotts Head Food and Wine Festival 2018

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received a request for the temporary road closure of Adin Street in addition to Ocean and Short Streets in Scotts Head as part of the Scotts Head Food, Wine, Music and Art Festival - 22 April 2018.

 

 

Recommendation:

 

1        That Council approve a request from the Scotts Head Events Committee of Management to the temporary road closure of the following streets on 22 April 2018 as part of the Scotts Head Food, Wine, Music and Art Festival:

 

Short Street             from Adin Street to Ocean Street                8.00am to 7.00pm

Ocean Street           from Short Street to 7 Ocean Street            8.00am to 7.00pm

Adin Street              from Short Street to 9 Adin Street               8.00am to 4.00pm

 

2        That Council advertise the road closures seven (7) days prior to the Scotts Head Food, Wine, Music and Art Festival.

 

 

OPTIONS:

 

1        Refuse the road closure application.

2        Only approve the closure of Short Street.

 

 

DISCUSSION:

 

At its meeting of 22 February 2018 Council approved a request from Scotts Head Events Committee of Management for the temporary road closure of Ocean and Short Streets in Scotts Head as part of the Scotts Head Food, Wine, Music and Art Festival - 22 April 2018.

 

The organisers have since requested the additional closure of part of Adin Street for the provision of market stalls, the same closure as last year.

 

Prior to the event last year we received one complaint, regarding the closure of Adin Street as all event and visitor traffic would need to drive down Wallace Street, there was however no follow up complaint after the event.

 

Local Traffic Committee concurrence was sought for the additional road closure, with no objections received. The road closures for the event are now as follows:

 

Short Street           from Adin Street to Ocean Street                  8.00am to 7.00pm

Ocean Street         from Short Street to 7 Ocean Street              8.00am to 7.00pm

Adin Street            from Short Street to 9 Adin Street                 8.00am to 4.00pm

 

 

CONSULTATION:

 

Scotts Head Events Committee of Management

Local Traffic Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment associated with this report.

                                                                                              

Social

 

The festival provides for an enjoyable event for the local community and visitors.

 

Economic

 

The event contributes significantly to the local economy.

 

Risk

 

There is minimal risk to road users as police and traffic controllers will be at the event.

 

Patrons will have to walk further to the festival as parking is not available immediately adjacent to the site due to extended road closures.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact other than administration.

 

Attachments:

1

8018/2018 - Scotts Head Festival TCP

 

  


Ordinary Council Meeting - 15 March 2018

Request for a Temporary Road Closure - Scotts Head Food and Wine Festival 2018

 


Ordinary Council Meeting                                                                                                  15 March 2018

Assistant General Manager Engineering Services Report

ITEM 11.7    SF1631            150318         Water Quality Management - Options for addressing risk to water consumers with Chlorine contact times lower than recommended levels

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

Following a detailed risk assessment of the Nambucca Shire Water Supply System Council was informed that water supplied to properties with connections off the transfer main between the headworks pump station and the balance tanks posed a risk to consumers as the recommended chlorine contact times could not be achieved. 

 

This means that it cannot be guaranteed that the water is being adequately disinfected before being consumed, however it does not mean that we are supplying contaminated water.  The water quality is the same as has been supplied for over 50 years and to date there has been no recorded incident of water borne illness.

 

In any case as a result of the advised risk Council resolved to issue a letter to the affected consumers advising that they should treat the water supplied as non–potable and boil it for the purposes of drinking and cooking.

 

Subsequent to the issue of the letter a number of residents have responded asking what Council intends to do about the situation.  A number of options are available to Council and these are discussed below.

 

An under sink water treatment unit is considered to be the most viable and appropriate option for addressing the issue however it is also considered that the installation and ongoing operation and maintenance be left to the property owner.

 

 

Recommendation:

 

That Council:

 

a)   Advise affected property owners that they will subsidise the purchase cost of an under sink water treatment system incorporating filtration and UV disinfection up to a value of $600.

 

b)   Reduce the water access charge to those properties that install an under sink water treatment system by $100 to offset the operational costs.

 

c)   Allocate an additional amount of $22,500 in the 2017/18 budget to cover the cost of subsidising the purchase of the under sink water treatment units for the 41 affected properties.  Transfer this amount from W1622 – Pumping Energy Costs which has a lower budget expenditure than estimated.

 

 

OPTIONS:

 

An alternative option that may be easier to manage is to provide each of the affected consumers with a maximum of 200 kL of free water a year to offset the reasonable cost of managing the water quality risk in a way they consider to be appropriate.

 

 

DISCUSSION:

 

As a result of an identified risk associated with lower than recommended chlorine contact times for consumers connected to the water supply transfer main between the headworks pump station and the balance tanks Council has written to the affected landowners advising them to treat the water as non –potable and boil it for the purposes of drinking and cooking.

 

A number of responses and phone calls have been received questioning what Council proposes to do to address their situation.  Many of these property owners have also expressed a concern that their property value will decrease if the reticulated water currently supplied to it is considered to be non–potable.

 

There is no easy fix for the problem as Council has inherited a historic situation where water connections were installed for properties in which the water mains were located without giving it a second thought.  The system has expanded over time with additional adjoining properties being afforded a connection even though the mains are not located in the property.   In the past tolerance to risk was also much greater, but these days the expectation is placed on Council to develop management plans that attempt to mitigate all the risk associated with supplying water.

 

It is important to note that Council is not supplying contaminated water to these consumers.  The water quality is generally very good and has been for many years.  It is just that there is always a risk that pathogens may get into the water supply system and if that were the case then Council could not guarantee that the existing barrier of chlorine disinfection would be effective for these consumers that are closest to the dosing point.

 

The cryptosporidium risk is another matter altogether as current barriers are ineffective against this threat.  However to date there has been no record of any outbreak of illness that could be attributed to cryptosporidium in the water supply.

 

Council has a number of options available to it including:

 

·      Do nothing and persist with the advice to boil water for drinking and cooking.

·      Provide the affected properties with a reduced water usage charge to compensate for the cost of power required to boil water.

·      Supply each affected property with an under sink water treatment system that provides drinking water for a single tap in the house and give them a reduced water access charge to assist with ongoing costs

·      Supply each affected property with a whole of house water treatment system that provides treated water to all water outlets in the house and  give them a reduced water access charge to assist with ongoing costs

·      Provide these properties with an agreed volume of free water to compensate them for the reasonable cost of providing an appropriate level of treatment to address the risk.

·      Disconnect these properties from the water system and pay the cost associated with the installation of a replacement rainwater tank system.

 

It would be fair to say that the affected property owners do not want to lose the convenience of a “town water” supply and go back to a standalone rainwater tank system.

 

Under sink treatment provides a viable option and a system including filtration and UV disinfection could be readily purchased for an estimated cost of nom more than $750 and has running costs in the order of $100 / year according to advice received from Clarence Valley Filters.  The under sink system should last for around 15 years with the UV lamp and filters recommended to be replaced on an annual basis.  It is also recommended to run the 10 watt UV lamp continuously.

 

Whilst it is acknowledged that there may be issues with managing water use from a single tap system as well as the ongoing operation and maintenance of the system it is considered to be not in Council’s interest to have any involvement with these type of installations on private property and NSW Health have provided written advice supporting this view.  Council does not have any control over what happens within the property and there are other factors that can impact on water quality outcomes including cross contamination, cleanliness of storage vessels and hygiene practices.

 

If Council was to consider this option it is recommended that it is for the purchase of the system only.  The installation and ongoing maintenance should be the left to the property owner to manage.

 

It is interesting to note that such a system has the potential to provide a superior level of service to these properties than what would be provided to other water supply consumers as the filtration /UV combination should eliminate the cryptosporidium risk that will still be present in the in the main water supply system.

 

It has also been suggested that Council should look at installing an all of house system that would treat all the water being supplied to the house.  A system of this type is estimated to cost in the order of $1700 plus installation.  This option would become quite expensive and is considered to be hard to justify given the level of risk involved and the fact that most of the highly treated water would not be directly consumed.

 

A more manageable option may be to provide each of the affected consumers with a maximum of say 200 kL of free water a year to offset the reasonable cost of managing the water quality risk in a way they consider to be appropriate.

 

 

CONSULTATION:

 

·      NSW Health

·      Bligh Tanner Consultants

·      Director Engineering Services

·      Clarence Valley Filters

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are some social implications associated with the affected consumers not getting the same level of services as other water users on Council’s water supply system.  However the recommendation has the potential to reduce their water quality risk to lower levels than those of the other consumers.

 

Economic

 

The implementation of the recommendation will have minor economic impacts for both Council and affected residents associated with the purchase, installation and ongoing operation of the under sink treatment systems.

 

Risk

 

Council has advised affected consumers of the risk associated with the water supplied to their property and the recommendation provides a viable solution for managing that risk.

 

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation will have an impact on current or future budget with an additional $24,600 required.

 

Council will be investigating long term solutions to the issues identified in the water quality risk assessment and the cost of the upgrade works required this have a significant impact on future budgets.

 

Source of fund and any variance to working funds

 

Funding for the recommended subsidy of under sink treatment systems could be sourced from within the current budget allocation for pumping costs which are currently lower than anticipated.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  15 March 2018

Assistant General Manager Engineering Services Report

ITEM 11.8    SF408              150318         Compulsory Acquisition of Lots 1 - 4 in DP 1186582 and Easement for Services over Lot 5 in DP 1186582 Wallace Street Macksville

 

AUTHOR/ENQUIRIES:    Nigel Petersen, Surveyor; Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

Parts of Wallace Street, Reid Street, Harrimans Lane and Upper Warrell Creek Rd are off alignment and are constructed on crown land.

 

To date the practical impact of this has been limited but a recent development has required the creation of an easement over the land which means the issue now needs to be addressed.

 

The land will need to be acquired from the Crown.  Some of the cost will be able to be recovered from the Applicants.