NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

12 April 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 - 12 April 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 - 15 March 2018.................................................................................... 8

5        NOTICES OF MOTION  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 21

9.2     Provision of Murals in Nambucca Heads.......................................................................... 27

9.3     Recruitment Arrangements for the Replacement of the Assistant General Manager Corporate Services..................................................................................................................................... 29

9.4     Co-user Licence Agreement for Two Way Radio Receiver/Transmitter - Dunggir National Park, Bowra Sugarloaf....................................................................................................................... 32

9.5     Draft Nambucca Regional Economic Development Strategy 2022..................................... 35

9.6     Status on the Establishment of Joint Organisations.......................................................... 65

9.7     Local Government Performance Excellence Program........................................................ 68

9.8     Regional Sports Infrastructure Fund - Applications to be submitted by 4 May 2018............ 71

9.9     Regional Growth Fund - Round 2: Stronger Country Communities Fund - Potential applications   93

9.10   Grant Application Status Report ................................................................................... 113

9.11   LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation........................ 127

9.12   Overnight Camping and Parking at Lions Park, Ferry Street, North Macksville.................. 179

9.13   Modification of Development Consent DA2016/142........................................................ 209

9.14   Modification of Development Consent DA2015/010 - Scotts Head Food and Wine Festival 267

9.15   Development Applications greater than 12 months or where submissions received -  to 4 April 2018.................................................................................................................................... 290

9.16   2018 March - Approved Construction and Complying Development Certificates............... 294

9.17   2018 March - Development and Complying Development Applications Received............. 298

9.18   Minutes of the Nambucca Shire Council Access Committee meetings held 27 March 2018 302

9.19   Highway Service Centre - Visitor Servicing update.......................................................... 306

9.20   Minutes of the Nambucca Shire Council Access Committee meetings held 27 February 2018 308

9.21   Investment Report To 31 March 2018............................................................................. 312

10      Assistant General Manager Corporate Services Report

10.1   Donations Program (Section 356) 2018/2019 - Applications for Approval for Waste Services 318

10.2   Revised Plan of Management of Management Adin Street Reserve Scotts Head ............. 333

10.3   Tewinga Community Centre Committee of Management - Annual General Meeting - 17 March 2018.................................................................................................................................... 355

10.4   Schedule of Council Public Meetings 2018..................................................................... 363

11      Assistant General Manager Engineering Services Report

11.1   2017-18 Capital Works Program Monthly Report............................................................. 364

11.2   Flooding Impact on Browns Crossing Road following Pacific Highway Upgrade.............. 373

11.3   Temporary Road Closure Application for Macksville ANZAC DAY Dawn Service and march 2018 and 2019............................................................................................................................. 380

11.4   Taylors Arm Sports Reserve Committee of Management................................................. 409

11.5   Waste Management Services - Options Report for the Burrapine area.............................. 412

11.6   Macksville Hospital - Provision of Water and Sewerage Infrastructure.............................. 417

11.7   Modification to Bowra Dam Operational LIcence to allow capture of rainfall runoff during high rainfall events.......................................................................................................................... 483

11.8   Tender T012/2017 for the design and construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant................................................................................ 492

11.9   Tender T015/2017 Construction of Public Amenities at Valla Beach Reserve..................... 495

11.10  Tender T001/2018 Alterations and Additions at the Eungai Rail Fire Station...................... 497    

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

12.1   Tender T012/2017 - Design and Construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant - Confidential Report

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 T015/2017 Construction of Public Amenities at Valla Beach Reserve - Confidential Report

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 T001/2018 Alterations and Additions at the Eungai Rail Fire Station - Confidential Report

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

 

12.4   Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

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

 

12.5   Review of the Capacity of the Finance Section

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

 

12.6   Recruitment Proposal from Blackadder Associates Pty Ltd for the Replacement of the Assistant General Manager Corporate Services

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.

 

12.7   General Manager Annual Review April 2017 to April 2018 and Determination of the General Manager's Performance Agreement for 2018/19

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 15 March 2018

The following document is the minutes of the Ordinary Council meeting held 15 March 2018.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 12 April 2018 and therefore subject to change.  Please refer to the minutes of 12 April 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)

 

 

APOLOGIES

 

Paul Gallagher (AGM Engineering Services)

 

 

 

PRAYER

 

Lieutenant Matthew Pethybridge (Salvation Army Church), offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor A Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.4 LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association who lodged a submission during the exhibition period.

 

Councillor J Reed declared a pecuniary interest in Item 11.8 Compulsory Acquisition of Lots 1 - 4 in DP 1186582 and Easement for Services over Lot 5 in DP 1186582 Wallace Street Macksville under the Local Government Act as Cr Reed is an elected board member of Nambucca Valley Care. Cr Reed left the meeting for this item.

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 22 February 2018

84/18 RESOLVED: (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 22 February 2018 be confirmed.

 

 

 


 

NOTICE OF MOTION - CR Hoban

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

85/18 RESOLVED: (Hoban/Reed)

 

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

 

 

 

NOTICE OF MOTION - CR Jones

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

MOTION:      (Jones/Wilson)

 

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

 

2        That the report by staff to include a compliance audit of the twelve undertakings made by Mr Stuart Holmes when the Council resolved to Lease the property to Lifetime Connect.

 

 

Amendment:       (Hoban/Ainsworth)

 

That an update into the transition of the Visitor Information Centre including a compliance audit of the twelve undertakings made by Mr Stuart Holmes when the Council resolved to Lease the property to Lifetime Connect be included as part of the Tourism Strategy which has already commenced.

 

The amendment was carried and became the motion.

 

86/18 Resolved: (Hoban/Ainsworth)

 

That an update into the transition of the Visitor Information Centre including a compliance audit of the twelve undertakings made by Mr Stuart Holmes when the Council resolved to Lease the property to Lifetime Connect be included as part of the Tourism Strategy which has already commenced.

 

 

 

  

DELEGATIONS

RECOMMENDATION

 

That the following delegations be heard:

 

i         Janet Heapy

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

                  

ii        John Kingston

iii       Rob Ellingham

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

 

 

i         Janet Heapy

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

 

Ms Heapy addressed Council and her letter is filed in TRIM.

 

 

 

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

MOTION:      (Ainsworth/Wilson)

 

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.

 

Amendment:       (Smyth/Jenvey)

 

That the results of the exhibition of amendments to Development Control Plan 2010 including the Valla Urban Growth Area be deferred and there be an onsite inspection and an invitation be extended to the Nambucca Heads Local Aboriginal Land Council.

 

 

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

                                      (Total 4)

 

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

                                      (Total 5)

 

 

The amendment was lost.

 

 

Amendment:       (Hoban/Reed)

 

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.

 

3        That Council conduct an onsite inspection, identification and explanation of the zonings and familiarisation for new councillors with the proposed natural buffers and barriers designed to prevent land use conflict.

 

 

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

                                      (Total 5)

 

Against the motion:         Councillors Ballangarry, Jenvey, Jones, Smyth

                                      (Total 4)

 

The amendment was carried and became the MOTION.

 

87/18 Resolved: (Hoban/Reed)

 

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.

 

3        That Council conduct an onsite inspection, identification and explanation of the zonings and familiarisation for new councillors with the proposed natural buffers and barriers designed to prevent land use conflict.

 

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

                                      (Total 5)

 

Against the motion:         Councillors Ballangarry, Jenvey, Jones, Smyth

                                      (Total 4)

 

 

 

Delegations Continued:

 

ii        John Kingston

iii       Rob Ellingham

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

 

Mr Kingston addressed Council as per his letter placed in TRIM.


 

 

          Mr Ellingham addressed Council.

·       Stressed caused to family

·       Trees being felled on weekly basis

·       Miscommunication

·       No highlighting of Conditions of Consent

·       Taking down trees under pretence of being rotten or infested

·       That Council reintroduce original conditions of consent

·       Introduction of signage outlining sensitive state of the park environment

 

 

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

88/18 RESOLVED: (Finlayson/Ainsworth)

 

That the LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation be deferred having a workshop with Planning staff in relation to all the matters in the Item.

 

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

                                      (Total 5)

 

Against the motion:         Councillors Ballangarry, Jenvey, Jones, Smyth

                                      (Total 4)

 

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

 

General Manager Report

ITEM 9.1      SF959                150318      Outstanding Actions and Reports

89/18 RESOLVED: (Finlayson/Ainsworth)

 

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

 

 

 

 


 

Councillor John Wilson left the meeting before the commencement of this item, the time being 7:48 PM

ITEM 9.2      SF42                  150318      Draft Regulations for Joint Organisations

90/18 Resolved: (Reed/Finlayson)

 

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.

 

 

 

 

Councillor John Wilson returned to the meeting at the completion of this item, the time being 7:50 PM

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

91/18 RESOLVED: (Ainsworth/Reed)

 

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.

 

 

 

 

Item 9.4 was dealt with earlier in the meeting.

 

 

7.53pm – 8.33pm - The meeting was adjourned for dinner.

 

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

92/18 RESOLVED: (Wilson/Finlayson)

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.

 

 

 

 

Item 9.6 was dealt with earlier in the meeting.

 

 

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

93/18 RESOLVED: (Jones/Finlayson)

 

That Council note the information in this report.

 

 

 

 

 

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

94/18 RESOLVED: (Ainsworth/Reed)

 

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

 

 

 

 

 

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

95/18 RESOLVED: (Ainsworth/Reed)

 

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

 

 

 

 

 

ITEM 9.10    SF1148              150318      Council Ranger's Report February 2018

96/18 RESOLVED: (Finlayson/Ainsworth)

 

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

 

 

 

 

 

ITEM 9.11    SF25                  150318      Request for Donation - Bowraville Central School

97/18 RESOLVED: (Ainsworth/Ballangarry)

 

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

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2368              150318      Investment Report to 28 February 2018

98/18 RESOLVED: (Ainsworth/Wilson)

 

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

 

 

 

 

 

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

99/18 RESOLVED: (Reed/Jenvey)

 

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

 

 

 

 

 

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

100/18 RESOLVED:        (Finlayson/Ainsworth)

 

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.

 

 

 

 

 

ITEM 10.4    SF251                150318      Schedule of Council Public Meetings 2018

101/18 RESOLVED:        (Ainsworth/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 11.1    SF931                150318      Tender T521718MNC for the Provision of Traffic Control Services for the period 1 April 2018 to the 31 Mach 2020

102/18 RESOLVED:        (Ainsworth/Finlayson)

 

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).

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

 

 

 


 

 

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

103/18 RESOLVED:        (Ainsworth/Jenvey)

 

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).

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

 

 

 

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

104/18 RESOLVED:        (Wilson/Finlayson)

 

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).

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

 

 

 

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

105/18 RESOLVED:        (Ainsworth/Finlayson)

 

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.

 

 

 

 

 

ITEM 11.5    SF61                  150318      Surf Life Saving Report - March 2018

106/18 RESOLVED:        (Ainsworth/Ballangarry)

 

That Council receive and note the Season Report for 2017/2018 from the Australian Lifeguard Service.

 

 

 


 

 

ITEM 11.6    SF2393              150318      Request for a Temporary Road Closure - Scotts Head Food and Wine Festival 2018

107/18 RESOLVED:        (Ainsworth/Finlayson)

 

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.

 

 

 

 

 

ITEM 11.7    SF1631              150318      Water Quality Management - Options for addressing risk to water consumers with Chlorine contact times lower than recommended levels

motion:      (Ainsworth/Finlayson)

 

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.

 

Amendment:       (Finlayson/Ainsworth)

 

That Council advise the 41 landholders affected by the lack of chlorine contact time that they should boil their water before using it for potable purposes or consider disconnection from the town water supply.

 

The amendment was carried and became the motion which was:

 

 

108/18 Resolved:        (Finlayson/Ainsworth)

 

That Council advise the 41 landholders affected by the lack of chlorine contact time that they should boil their water before using it for potable purposes or consider disconnection from the town water supply.

 

Cr Jones requested that his vote be recorded against the resolution for the reason that Council should explore other opportunities.

 

 

 

 

Councillor Janine Reed left the meeting before the commencement of this item, the time being 9:19 PM

 

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

109/18 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council pay compensation of $ 45,487.50 (inclusive of GST) plus valuation fees to Crown Lands for the compulsory acquisition of Lots 1-4 in DP 1186582 and Easement for Services over Lot 5 in DP 1186582 and seek reimbursement from the Applicants.

 

2        That Council allocate an amount of $45,487.50 plus valuation fees from the working funds for the compensation costs for the compulsory acquisition of Lots 1 – 4 in DP 1186582 and Easement for Services over Lot 5 in DP 1186582 Wallace Street Macksville.

 

3        That Council as per DA2008/067 on charge a proportional amount relating to the Compulsory Acquisition costs relating to Lot 1 (area 3092 m2 @ $ 3.45/m2) at Harrimans Lane to the Applicant for payment to Council.

 

4        That Council as per DA2009/087 on charge a proportional amount being for component of acquisition costs relating to the site of the Easement for Services over Lot 5 in DP 1186582 to the Applicant for payment to Council.

 

 

     

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.21 pm. 

 

Confirmed and signed by the Mayor on 12 April 2018.

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)

             


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager

ITEM 9.1      SF959              120418         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.

 

4/4/18 – Comments provided to rms on a review of traffic light phasing and also permitting left turns on red.

 

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.

 

5/4/18 – GM has followed up unacceptable delays in the review of the IWCM.

 

 

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 nearing 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.

 

4/4/18 – Draft Plan and REF complete.  Section 355 Committee to be consulted and the matter reported back to Council by June 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

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.

 

4/4/18 – Report to May 2018 meeting.

NOVEMBER 2017

12

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.

 

4/4/18 – Matter has been discussed with the Manager Development & Environment who recently attended training in companion animal management.  There are risks associated with fenced, dedicated “small dog parks”.  Matter to be reported in May 2018.

 


 

13

 

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.

 

14

 

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.

15

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.

 

27/3/18 – Awaiting return of MBD from leave.

 

DECEMBER 2017

16

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

17

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.

18

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.

19

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

20

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.

21

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.

 

5/4/18 – matter has been followed up with staff.  Options to be reported to meeting on 26 April.

22

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.

23

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.

24

SF2433

15/3/18

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

 

GM

27/3/18 – Report in May 2018.

25

SF2433

15/3/18

An update of the transition of the VIC including a compliance audit of the 12 undertakings provided by Mr Stuart Holmes when Council resolved to lease the property to Lifetime Connect be included as part of the Tourism Strategy which has already commenced.

 

GM

27/3/18 – awaiting completion of Tourism Strategy.  Anticipate report in May 2018.

26

SF2328

15/3/18

That Council conduct an onsite inspection (of the Valla Growth Area), identification and explanation of the zonings and familiarisation for new councillors with the proposed natural buffers and barriers designed to prevent land use conflict.

 

GM

27/3/18 – will organise for late Apri/May 2018.  Already have a large agenda for the meeting on 12 April.


 

27

SF2460

15/3/18

That the LEP & DCP amendments – horticulture, Clause 4.2A & Tree Preservation be deferred having a workshop with planning staff in relation to all the matters in the item.

 

GM

Workshop organised for 12 April 2018.

28

SF843

15/3/18

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.

 

GM

Report in June 2018.

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager's Report

ITEM 9.2      SF2329            120418         Provision of Murals in Nambucca Heads

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

Council decide whether or not to include a $20,000 provision for murals in Nambucca Heads in the 2018/19 Operational Plan as per Council’s resolution of 22 February 2018.

 

 

OPTIONS:

 

Council has the option of making provision for the expenditure or not; or making some other allocation; or seeking more detail in relation to the proposed work.

 

 

DISCUSSION:

 

At Council’s meeting on 22 February 2018 it was resolved:

 

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 CBD’s.  If there is interest, then a provision of $20,000 be made for each town in the 2018/19 budget.

 

Subsequently, the Secretary of the Nambucca Heads and Valla Chamber of Commerce contacted myself and queried the restriction on the mural to the CBD and proposed that murals on the edges of the town might be of equivalent value in attracting business to the town.  He mentioned the water reservoir in Mann Street as a potential location.

 

The Council has now received the following response from the Nambucca Heads and Valla Chamber of Commerce dated 13 March 2018.

 

“At its meeting last night the Chamber requested that I express an interest in taking up the opportunity for a $20,000 grant for murals in Nambucca Heads.  As discussed on the phone a decision as to how closely this must be tied to the CBD as the Chamber has concepts both in the CBD and outside the CBD but linked to increased tourism appeal leading to increased trade in the CBD….

 

Tony Stokes”

 

The Nambucca Heads and Valla Beach Chamber of Commerce have expressed an interest as per the resolution. 

 

Whether or not the expenditure should be restricted to the CBD is a matter for Council as is the commitment of $20,000 of expenditure for a project/s which as yet is/are not defined.

 

 

CONSULTATION:

 

There has been consultation with the Secretary of the Nambucca Heads and Valla Beach Chamber of Commerce.

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

Besides the execution of the murals, the risks mainly pertain to the opportunity cost of the expenditure.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The request concerns a $20,000 allocation in the 2018/19 Operational Plan.

 

Source of fund and any variance to working funds

 

There is no impact in working funds.

 

Service level changes and resourcing/staff implications

 

The funding allocation is taken to include project management costs.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager's Report

ITEM 9.3      SF822              120418         Recruitment Arrangements for the Replacement of the Assistant General Manager Corporate Services

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report concerns the arrangements to replace the Assistant General Manager Corporate Services (AGMCS).  The firm Blackadder Associates Pty Ltd has been engaged to undertake the recruitment process.  It is proposed that the Mayor, Deputy Mayor, General Manager, Manager Human Resources and a qualified accountant to be sourced from a MIDROC council be provided with delegated authority to select a preferred candidate.

 

 

Recommendation:

 

1        That Council note the engagement of Blackadder Associates Pty Ltd to undertake recruitment of a new Assistant General Manager Corporate Services.

 

2        That the Mayor, Deputy Mayor, General Manager, Manager Human Resources and a qualified accountant to be sourced from a MIDROC council be provided with delegated authority to select a preferred candidate.

 

3        That the information in closed report being the recruitment proposal from Blackadder Associates Pty Ltd be received.

 

 

OPTIONS:

 

The whole Council can participate in the process to select a preferred candidate.  The preference is that a panel with representation from the elected Council, senior management and an expert in accounting be provided with delegated authority to undertake the recruitment.

 

 

DISCUSSION:

 

On 15 June 2017 the Council resolved:

 

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

 

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

 

This review has been undertaken by the outgoing Assistant General Manager Corporate Services and is the subject of a separate report in closed meeting.  The review has been distributed to Finance staff for their consideration.

 

The review does not impact upon the replacement of the Assistant General Manager Corporate Services.  Five years ago Nambucca Shire Council reduced its compliment of senior (fixed term contract) staff from four to three.  This staffing compliment is now quite common for smaller councils with the three senior (fixed term contract) staff being the General Manager, Assistant General Manager Corporate Services and Assistant General Manager Engineering Services.

 

It is proposed that upon commencement of a new Assistant General Manager Corporate Services (AGMCS) that they consider the review undertaken by the outgoing AGMCS together with any feedback from Finance staff and there be a further report to Council on proposed actions arising out of that review.

 

Given the forthcoming work required for the preparation of Council’s various integrated planning and reporting documents (the operational plan (budget), delivery program, long term financial plan etc), arrangements have been made with a prominent local government recruitment firm, Blackadder Associates Pty Ltd, for the recruitment of Mr Norman’s replacement.  Executive local government recruitment is one of their core business offerings.  They have recruited over 280 GM/Director/Senior Manager roles in local government and have a very wide network and database of candidates.  Given the importance of the position to Council’s operations, the investment in their recruitment service and superior advertising strategy is warranted.

 

Under Section 338 of the Local Government Act, the term of a contract for the AGMCS must not be less than 12 months or more than 5 years (including any option for renewal).  Consistent with the contracts for the General Manager and Assistant General Manager Engineering Services it is proposed that the term be for 5 years.  The longer term is likely to attract the best field of candidates.  Under the standard contract, senior staff can be terminated during the contract period with a maximum termination payment of 38 weeks.  No reason has to be given.

 

Section 337 of the Local Government Act provides that the General Manager may appoint senior staff only after consultation with the council.

 

It is proposed that the panel to interview and select the preferred candidate comprise the Mayor, Deputy Mayor, General Manager, Manager Human Resources and a qualified accountant to be sourced from a MIDROC council.  This is recommended for the reason that it provides representation from the elected Council, senior management as well as a subject expert.  The short listing and interview process is also time consuming and all Councillors would need to commit 1 - 2 days to the process if they wished to act as the interview panel.

 

 

CONSULTATION:

 

There has been consultation with the Manager Human Resources and Mr Stephen Blackadder from Blackadder Associates Pty Ltd.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The major risk pertains to the selection of the candidate who will be the best match for the attributes sought in the position description and for the values of this Council and community.

 

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is a fixed consultant fee charged by Blackadder Associates plus an allowance for travel expenses. 

 

However there are additional costs which would be incurred regardless of whether or not Council used a specialist recruitment firm being for advertising (SMH, Coffs Coast Advocate, LG Job Directory, Seek, CouncilJobs, Linkedin) as well as the preparation of Hogan Personality Assessments for shortlisted candidates.

 

The proposal by Blackadder Associates Pty Ltd is Commercial in Confidence and is shown in a closed report.

 

Source of fund and any variance to working funds

 

There will be an impact on working funds being the consultant fee charged by Blackadder Associates Pty Ltd.

 

Service level changes and resourcing/staff implications

 

There will be minor resourcing/staffing implications if the recruitment work is undertaken by Blackadder Associates Pty Ltd.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager's Report

ITEM 9.4      SF693              120418         Co-user Licence Agreement for Two Way Radio Receiver/Transmitter - Dunggir National Park, Bowra Sugarloaf

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Due to staffing changes and perhaps other reasons the NSW National Parks and Wildlife Service (NPWS) has omitted invoicing Council as a co-user of a radio transmitter located in the Dunggir National Park on Bowra Sugarloaf for a period of 4 years being 2014 to 2017 inclusive.

 

The following “without prejudice” offer was put to the NPWS to resolve the matter:

 

1        NPWS waive the deed preparation fee of $1,250 plus GST

2        Council pay the 2018 fee of $8,179.52 plus GST

3        Council pay an additional amount of $6,236.42 plus GST for 5 years to cover the outstanding licence fees for 2014, 2015, 2016 and 2017 ($31,182.12/5 = $6,236.42)

 

 

Recommendation:

 

That Council endorse the “without prejudice” offer to settle the outstanding licence fees for its two way radio system as detailed in the report.

 

 

OPTIONS:

 

There has been lengthy negotiation with the NPWS so there is unlikely to be significant prospects of securing a better financial deal than the one which has been agreed to.

 

The Council has the option of not operating a two way radio system.  There would be substantial savings in licence fees and the costs of installing/reinstalling radios in new fleet.  However balanced against this is the loss of communication, particularly in the west of the local government area.

 

 

DISCUSSION:

 

Due to staffing changes and perhaps other reasons the NSW National Parks and Wildlife Service (NPWS) has omitted invoicing Council as a co-user of a radio transmitter located in the Dunggir National Park on Bowra Sugarloaf for a period of 4 years being 2014 to 2017 inclusive.

 

The radio transmitter is essential to the operation of the two way radio system utilised by Council’s works staff.  The coverage of the radio system across the Nambucca Valley is better than mobile phone coverage and for reasons of efficiency as well as work, health and safety, Council’s Manager Infrastructure Services believes that Council needs to continue to operate its 2 way radio system.

 

Over the course of the past 12 months the NPWS has been making representations to Council staff for the payment of the “outstanding” licence fees for 2014 to 2017 totalling $31,182 plus the licence fee for 2018 being $7,988.44 plus a deed preparation fee of $1,250.  All of these quoted fees are exclusive of GST.

 

The fees determined by the NPWS are based on a review of rental arrangements for communication towers on Crown land prepared by the Independent Pricing and Regulatory Tribunal (IPART).  However the IPART report is now nearly 5 years old and Council’s experience with the telecommunications industry is that over this period there has been change in the market value of wireless sites in a downward direction.

 

Notwithstanding the following “without prejudice” offer was put to the NPWS to resolve the matter:

 

3     NPWS waive the deed preparation fee of $1,250 plus GST

4     Council pay the 2018 fee of $8,179.52 plus GST

5     Council pay an additional amount of $6,236.42 plus GST for 5 years to cover the outstanding licence fees for 2014, 2015, 2016 and 2017 ($31,182.12/5 = $6,236.42)

 

Therefore the proposed payment plan is:

 

Due 2018

Due 2019

Due 2020

Due 2021

Due 2022

$8,179.52 + GST

$Year 2018 + CPI

$Year 2019 + CPI

$Year 2020 + CPI

$Year  2021 + CPI

+$6,236.43+GST

+$6,236.43+GST

+$6,236.43+ GST

+$6,236.43+ GST

+$6,236.43 + GST

 

This “without prejudice” offer has been accepted by NPWS.

 

The offer effectively means that the cost of the deed is waived and the Council can pay off the outstanding licence fees over 5 years without interest.

 

It is recommended that Council endorse this “without prejudice offer” to settle the matter.

 

 

CONSULTATION:

 

There has been consultation with Council’s Manager Infrastructure Services who was first contacted by the NPWS in relation to the outstanding licence fees.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The risks pertain to the work, health and safety of Council’s employees and also to the efficiency of communications in our rural areas.  It is the case that mobile phone reception is haphazard or non-existent in some rural locations whereas in general there is reasonable two way radio communication across the Valley.

 

If Council does not resolve the outstanding licence fees the NPWS will likely withdraw Council’s licence to operate its two way radio system.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The licence fees for 2019 and beyond will need to be incorporated in future budgets.

 

Source of fund and any variance to working funds

 

The licence fee for 2018 being $14,415.95 plus GST ($8,179.52 + $6,236.43) will need to be paid from working funds.

 

Service level changes and resourcing/staff implications

 

There are no significant resourcing/staff implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager's Report

ITEM 9.5      SF731              120418         Draft Nambucca Regional Economic Development Strategy 2022

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The NSW Government has assisted local councils and their communities to develop 37 Regional Economic Development Strategies across regional NSW.  Each strategy is designed around one or more local government areas that form a functional economic region as defined by economic data and community input.

 

The NSW Government determined that this local government area was a functional economic region and as a consequence this draft regional economic development strategy is specific to the Nambucca Valley whereas Coffs Harbour and Bellingen have been combined for the preparation of a single strategy for both local government areas and Port Macquarie-Hastings and Kempsey Councils likewise.

 

The Council has now received a draft Nambucca Shire Regional Economic Development Strategy 2022 prepared by the firm Corview.  The Strategy and Report have been provided for Council’s review and comment.

 

 

Recommendation:

 

1.       Council advise Corview in terms of the comments provided in this report plus any           additional comments the Council seeks consideration of.

 

2.       That Council formally thank the Department of Premier and Cabinet for the funding and           support provided for the development of the Regional Economic Development Strategy.

 

 

OPTIONS:

 

The Council can make comment on the draft Nambucca Regional Economic Development Strategy as it sees fit.

 

DISCUSSION:

 

The Council has now received a draft Nambucca Shire Regional Economic Development Strategy 2022 prepared by the firm Corview.  The full report has been circulated to Councillors via email on 31 March 2018.  Because the full report runs to 94 pages it has not been attached.  The “Overview” report is attached.

 

Corview have provided these reports for Council’s review and comment

 

Regional Economic Development Strategies are intended to articulate a framework for identifying actions crucial to achieving a regional vision.  By complimenting existing funding processes, the strategy presents an opportunity to strengthen and increase investment in the development of this local government area and our “Coffs Coast” sub-region.

 

The Strategy identifies a range of opportunities, actions and candidate projects against the four strategic themes:

 

·      Better Connectivity

·      Harnessing Inputs, Skills and Jobs

·      More Liveable Communities

·      Fresh Thinking

 

Pages 16, 17, 18 and 19 of the document list the identified opportunities, actions and candidate projects in full.

 

The following is a list of the nominated actions and candidate projects with some commentary in relation to some of the proposals.

 

Strategic Theme – Better Connectivity

Actions

Candidate Projects

Develop a business case for a Freight Intermodal and Transhipment Facility in the Valla Growth Area1

 

Nambucca Freight Intermodal and Transhipment Facilities in Valla Growth Area

Identify, cost and prioritise options for “first mile” and “last mile” connections to arterial roads

 

Business Case for “First Mile” and “Last Mile” Local Roads Network Integration

Progress NSW Government’s Future Transport Strategies:

·      New bus and coach service improvements for the region to improve connectivity between regional centres and centres

·      Within centre bus service improvements for Regional Cities and Centres2

 

Lanes Bridge, Bowraville Replacement

In collaboration with the private sector, audit digital connectivity blackspots across the region.

 

 

1 Whilst the Valla area is approximately half way between Brisbane and Sydney and has the main Northern railway line next to the upgraded Pacific Highway, it is the case that the upgrade of the Pacific Highway is likely to diminish the case for a freight intermodal.  Similarly the inland rail line which is currently under construction will likely see more container transport on that line as opposed to the main northern line.  With one exception the Council has not received enquiries for economic development prompted by the interconnection of road and rail linkages.  Whilst there is no objection to the recommended action to develop a business case for a Freight Intermodal and Transhipment Facility the most likely scenario is that any potential in freight will only be for limited growth in warehousing requirements for the Coffs Coast population and that warehousing is unlikely to require an intermodal facility.

 

Strategic Theme – Harnessing Inputs, Skills and Jobs

Actions

Candidate Projects

Acquire and service the Valla Growth Area

 

Vehicle Body Manufacturing Cluster Plan

Develop a Vehicle Body Manufacturing Cluster Plan to realise its potential as a Manufacturing Centre of Excellence, potentially including a SkillsPoint in Nambucca Shire.2

 

Joint Nambucca Shire, education provider, and private industry Taskforce to develop skills need and training facilities.3

Develop supply chain network to support local manufacturing industries.

 

Establish a First Mover Infrastructure Fund4

Partner with local industries and training providers to review training gaps and align training courses to local industry needs.

 

Nambucca River Employment Strategy

Develop a scope for a Nambucca Shire’s “Clean and Green” brand image to improve visitor economy.

 

Nambucca Tourism and Agribusiness Branding Strategy

Review and determine the next steps for the Nambucca River Master Plan and develop a program business case.

 

Nambucca River investment program

Identify indigenous business and employment opportunities in consultation with the Aboriginal community and industry leaders.5

 

 

 

2, 3 The Nambucca Valley has already developed a reputation as a manufacturing centre.  This reputation is built on the success of the vehicle body manufacturing cluster which in turn is founded on the entrepreneurial dynamism of the business owners, the availability of (mainly local) skilled tradespersons and with considerable support and assistance being provided by the Council over the decades.  The achievements of this manufacturing cluster are to be applauded.  Despite the table on page 12 indicating that manufacturing is sitting just inside the quadrant of an unspecialised, declining employment industry, it still constitutes significant employment and history indicates that the Valley has an aptitude for being cost competitive compared to the rest of NSW.  By way of example, Express Coaches are the sole remaining financially sound bus and coach building business in NSW.  The initiatives to further develop the cluster, including a SkillsPoint, are strongly supported.

 

4 The Council has previously adopted policies in relation to the creation of employment land that would fit within the definition of a “First Mover Infrastructure Fund”.  The strategy indicates this direction was well founded and suggests there may be scope for its further development.

 

5 There is potential for the Council to work with Local Aboriginal Land Councils (LALC’s) in the development of social housing opportunities.  Housing needs are amongst the highest priorities for LALC’s and given they own significant tracts of land there is an opportunity to create social housing whilst at the same time providing mentoring and support in the business and employment opportunities associated with such housing.

 

Strategic Theme – More Liveable Communities

Actions

Candidate Projects

Identify school asset investment opportunities to provide contemporary, future focused learning spaces.

 

Secure an agreement to locate a Senior Technical College in the Valla Growth Area.6

Identify Nambucca Riverfront development options to make to the region an even more attractive place to live.

 

Nambucca River Front Development Plan

Provide greater access to and awareness of indigenous and environmental heritage.

 

Community Events Festival Strategy

Collaborate with NSW Health to prepare a Road Map to address regional health care service delivery gaps.

 

Implementation of Macksville CBD Beautification Plan7

Establish a First Mover Infrastructure Fund to provide enabling greenfield (residential land) infrastructure.

 

Provision of infrastructure for new Macksville Hospital8

Upgrade to Bowraville Sewerage Treatment Plant9

 

Upgrade to sports facilities-

·      Hennessy Tape Sporting Precinct

·      Macksville Memorial Aquatic Centre

·      Phillip Hughes cricket facility10

 

Implementation of foreshore and public art projects in Nambucca Heads.11

 

Nambucca Water Treatment Plant12

 

 

6 The General Manager and Manager Business Development have been lobbying the Catholic Diocese Education Office in relation to the opportunity to establish a vocational Senior Technical College in the Nambucca Valley similar to the Newman College in Port Macquarie.  This opportunity would link with the “Skillspoint” initiative.  There is interest in the concept and some additional support from Council may lead to a commitment by the Diocese.  It should be a “high value” target for economic and social development.

 

7, 8, 9, 10, 11, 12 The Council has these candidate projects underway via grant applications, programs and expenditure commitments.

 

Strategic Theme – Fresh Thinking

Actions

Candidate Projects

Identify regulatory inconsistencies across government agencies and between levels of government.

 

Investigate requirements for deemed consent development assessment processes.13

Identify Terms of Reference and governance structure for a Regional NSW Development Commission to be modelled on the principles of the Greater Sydney Commission.

 

Create a Regional Commission like the Greater Sydney Commission to grow regional NSW.

Pursue a Nambucca City Deal, potentially in partnership with neighbouring centres.

 

Nambucca City Deal.

Oversee the implementation of the Nambucca Shire 2022 Regional Economic Development Strategy in partnership with industry, especially for business case development.

 

Joint Nambucca and Private Sector Taskforce for business case development.

Engage with industry as relevant when developing business cases.

 

 

13 It is agreed that there should be more opportunities for deemed consent, at least in relation to minor domestic structures like sheds and garages.

 

CONSULTATION:

 

The preparation of the Regional Economic Development Strategy (REDS) has been the subject of extensive consultation.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

A number of initiatives in the strategy do have implications for the environment.

 

Social

 

The strategy initiatives have social implications.

 

Economic

 

The primary focus for the strategy is on improving economic outcomes.

 

Risk

 

There are risks associated with the Strategy.  The risks principally relate to the selected strategies providing the best cost/benefit to the community in terms of achieving the triple bottom line (environmental, social and economic) returns.

 

However the data provided in the Strategy together with the outcome of the consultation process provides more confidence in relation to the development of those strategies that will produce the best returns.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage the draft strategy has no budgetary implications.

 

Source of fund and any variance to working funds

 

At this stage the draft strategy has no implications for working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there are no significant service level implications.

 

Attachments:

1

11246/2018 - Nambucca_Shire_REDS_Summary Report Final Draft

 

  


Ordinary Council Meeting - 12 April 2018

Draft Nambucca Regional Economic Development Strategy 2022

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager's Report

ITEM 9.6      SF42                120418         Status on the Establishment of Joint Organisations

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council inform the Minister for Local Government that for the reason of ensuring the alignment of community of interest, it does not support the Nambucca local government area being included in a Joint Organisation which does not include the Coffs Harbour local government area.

 

 

OPTIONS:

 

The Council could determine to do nothing but this is not recommended for the reasons provided in the report.

 

DISCUSSION:

 

At Council’s meeting on 18 January 2018 the Council resolved as follows:

 

A       In accordance with Part 7 of Chapter 12 of the Local Government Act 1993, the Nambucca Shire Council resolves:

 

1        That the council inform the Minister for Local Government of the Council’s endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation in accordance with this resolution.

 

2        To approve the inclusion of the Council’s area in the Joint Organisation’s area.

 

3        That the Joint Organisation be established to cover the Council’s area and any one or more of the following council areas:

 

          a)       Clarence Valley Council

          b)       Coffs Harbour City Council

          c)       Bellingen Shire Council

          d)       Nambucca Shire Council

          e)       Kempsey Shire Council

          f)        Port Macquarie – Hastings Council

 

4        That, on the expiry of a period of 28 days from the making of this resolution, the General Manager provide the Minister:

 

          a)       with a copy of this resolution including the date on which Council made this                        resolution, and

 

          b)       inform the Minister that this resolution has not been rescinded,

 

          for the purpose of the Minister issuing a certificate under section 400P of the Act.

 

B       That Council provide the “Forming a Joint Organisation Checklist” answers as shown in the report to the Minister for Local Government (along with the resolution contained in Part A.)

 

Since Council’s resolution there have been subsequent resolutions from MIDROC Councils in relation to the formation of a Joint Organisation.  Resolutions from two Councils may potentially compromise this Council’s position vis-à-vis its incorporation in a Joint Organisation that is reflective of our community of interest.

 

On 20 March Clarence Valley Council resolved to inform the Minister for Local Government that it would like approval for a Joint Organisation area covering:

·      Richmond Valley Council

·      Clarence Valley Council

·      Coffs Harbour City Council

·      Bellingen Shire Council and

·      Nambucca Shire Council

 

On 22 March Coffs Harbour City Council resolved to inform the Minister for Local Government that it would like approval for a Joint Organisation area covering:

·      Clarence Valley Council

·      Coffs Harbour City Council

·      Bellingen Shire Council

·      Nambucca Shire Council

 

There is a potential issue with both of these resolutions in that they do not incorporate Kempsey Shire Council nor Port Macquarie-Hastings Council.  The Office of Local Government has stated as a matter of policy it will not support a Joint Organisation of less than three councils.

 

The legislation establishing joint organisations provides they will have the following principal functions:

 

(a)  to establish strategic regional priorities for the joint organisation area and to establish strategies and plans for delivering those strategic regional priorities,

 

(b)  to provide regional leadership for the joint organisation area and to be an advocate for strategic regional priorities,

 

(c)  to identify and take up opportunities for inter-governmental co-operation on matters relating to the joint organisation area.

 

The NSW Independent Local Government Review Panel made it plain that community of interest should be a major consideration in future boundaries.  Nambucca Shire Council has a community of interest with the regional centre of Coffs Harbour, as well as with its neighbouring councils being Bellingen Shire Council and Kempsey Shire Council.

 

In particular the City of Coffs Harbour provides regional services in the form of an airport, major hospital, tertiary education, and other services to our community.  As a user of such facilities the Nambucca community should have the opportunity to participate in the JO which will incorporate the City of Coffs Harbour local government area.  Otherwise this council (and community) will have no say in whatever work is undertaken by the JO in relation to the strategic development of Coffs Harbour as a regional centre

 

Accordingly it is recommended that Council inform the Minister for Local Government that for the reason of ensuring the alignment of community of interest, it does not support the Nambucca local government area being included in a Joint Organisation which does not include the Coffs Harbour local government area.

 

CONSULTATION:

 

Council has now been advised of the outcome of the consideration by other councils of proposed JO boundaries.

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Office of Local Government advises that Joint Organisations will transform the way that the NSW Government and local councils collaborate, plan, set priorities and deliver important projects on a regional scale.  Accordingly it should be expected that Joint Organisations will have favourable implications for the environment at a regional and sub-regional level.

 

Social

 

Again at a regional and sub-regional level the expectation is that Joint Organisations will transform the way the NSW Government and local councils operate.  This will have social implications.

 

Economic

 

Again at a regional and sub-regional level the expectation is that Joint Organisations will transform the way the NSW Government and local councils operate.  This will have economic implications.

 

Risk

 

The risks associated with JO’s have been previously reported.

 

This report addresses a new identified risk being the possibility that the Nambucca local government area will not be included in a JO which incorporates the City of Coffs Harbour local government area.  Given the resolutions of Clarence Valley Council and Coffs Harbour City Council as well as the stated policy of the Office of Local Government in relation to the formation of JO’s, there may be a simplistic solution of grouping the three southern councils together (ie Port Macquaire-Hastings, Kempsey and Nambucca) and have a separate JO for the three northern councils being Bellingen, Coffs Harbour and Clarence Valley (with or without Richmond Valley).  This simplistic outcome would not be in this Council’s interests.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The financial impacts have been previously reported on.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The report has no service level implications.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager's Report

ITEM 9.7      SF2354            120418         Local Government Performance Excellence Program

 

AUTHOR/ENQUIRIES:    Joanne Hudson, Manager Human Resources         

 

Summary:

 

At its meeting on 18 January 2018, Council considered the report on The Australasian Local Government Performance Excellence Program FY17 and resolved that that senior management report back with recommended actions to address the key findings in the report.

 

The management team have adopted an action plan which is presented to Council for information.

 

 

Recommendation:

 

That Council note the proposed action plan to address key findings in The Australasian Local Government Performance Excellence Program FY17 Report.

 

 

OPTIONS:

 

Not required.

 

 

DISCUSSION:

 

At its meeting on 18 January 2018, Council considered the report on The Australasian Local Government Performance Excellence Program FY17 and resolved that that senior management report back with recommended actions to address the key findings in the report.

 

The management team (ie MANEX A) has adopted the following action plan which is presented to Council for information. Progress on the action plan will be monitored by the General Manager and Assistant General Manager’s via quarterly reports by the Responsible Officers to MANEX A or as required.

 

Element

Recommended Actions

Person/s Responsible

Proposed

Completion

Date

Workforce

Analyse workforce structure and cost impact (incl overtime) against the key considerations on pg 16

MHR

30/06/2019

Review organisational design in relation to span of control and against key considerations on page 18

MHR

30/06/2019

Analyse recruitment/talent management against key considerations on page 20 and 23

MHR

30/06/2020

Analyse staff turnover against key considerations on page 24

MHR

30/06/2019

Review/adopt diversity and inclusion strategy that encompasses gender, ethnicity, nationality, race, disability and age

MHR

30/06/2019

Analyse talent diversity against key considerations on pages 30, 32 and 34

MHR

30/06/2020

Establish formal succession planning program

MHR

30/06/2020

Establish a formal leave strategy

MHR

30/06/2019

Analyse sick leave and absenteeism against key considerations on page 43

MHR

30/06/2018

Ensure formal performance appraisals are completed

 

MHR

30/06/2019

Analyse lost time injury incidents against key considerations on page 47

MHR

30/06/2018

Finance

Analyse the role of finance against the key considerations on page 51

AGMCS/MFS

30/06/2019

Analyse finance function activities against the key considerations on page 52

AGMCS/MFS

30/06/2019

Analyse efficiency of finance function against key considerations on page 54

AGMCS/MFS

30/06/2019

Review frequency of reporting approved financial information to senior management

AGMCS/MFS

30/06/2019

Analyse delivery of financial information against key considerations on page 56

AGMCS/MFS

30/06/2019

Analyse forecasting against key considerations on page 58

AGMCS/MFS

30/06/2019

Analyse revenue profile against key considerations on page 59

AGMCS/MFS

30/06/2019

Operations

Review staffing levels in Customer Service, Finance and IT

AGMCS

30/06/2019

Establish a formal IT strategy

MICT

30/03/2019

Analyse the IT function in relation to the key considerations on pages 67-68 and 70

MICT

30/03/2019

Analyse the customer service function against the key considerations on page 75

AGMCS

30/06/2019

Analyse delivery of corporate services against the key considerations on page 75

AGMCS

30/06/2019

Service Delivery

Nominate and conduct service reviews

GM/AGMCS/

AGMES

GM: 31/12/2018

 

AGMES:

Civic Services 30/06/2018

Green Space 30/06/2019

Risk Management

Review the risk management policy and include key risk indicators

MHR

30/06/2018

Review effectiveness of the internal audit function

AGMCS

30/06/2019

Corporate Leadership

Analyse council meetings against the key considerations on pages 114-115 of the report

GM

30/06/2018

Conduct staff engagement survey

MHR

30/06/2019

Devise a staff recognition and rewards system

MHR

30/06/2020

Review community engagement strategy

GM

30/06/2018

Asset Management

Finalise Asset Management System for Buildings

AGMES/MA

August 2018

Establish formal condition ratings for Buildings, Plant and Equipment, Land and ICT.

AGMES/MA

 

August 2018

Establish an asset management maturity rating model

AGMES/MA

Completed 2014. To be reviewed June 2018

Review frequency of formal reporting to Council on management of assets (currently “As required”).

AGMES/MA

July 2018

Finalise objective of financially linking the strategic asset management plan to the long term financial plan.

AGMCS/MA

 

March 2019

 

 

 

CONSULTATION:

 

MANEX A

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

N/A

 

Social

 

N/A

 

Economic

 

N/A

 

Risk

 

N/A

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

 

Source of fund and any variance to working funds

 

 

Service level changes and resourcing/staff implications

 

The actions required will have an impact on workload but seen as necessary in order to ensure we continually monitor and look to improve our performance as an organisation.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager's Report

ITEM 9.8      SF2397            120418         Regional Sports Infrastructure Fund - Applications to be submitted by 4 May 2018

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer; Michael Coulter, General Manager         

 

Summary:

 

Council has submitted three (3) Expressions of Interest (EOI) under the Regional Sports Infrastructure prior to the close of the 2017 guidelines on 7 March 2018.  These are:

 

1      Nambucca Valley Connected – Sharing Sport throughout the Region

       The project has a total estimated cost of $4,320,500 with a required contribution from council of $692,600 – submitted on 25 January 2018

 

2     Phillip Hughes Memorial Clubhouse and Oval

The project has a total estimated cost of $1,393,741 with a required contribution from council of $400,000 – submitted on 16 February 2018

 

3     Macksville Memorial Aquatic Centre - Pool Heating and Facilities Upgrade Stage 1

       Stage 1 of this project has a total estimated cost of $1,643,750 with a required contribution from Council of $500,000 – submitted on 5 March 2018

 

As Council submitted all EOI prior to the release of the new 2018 Regional Sports Infrastructure Fund (RSIF) Guidelines, we have been invited to proceed to application, without further assessment. These applications, should we proceed, are due to close on 4 May 2018. However these applications will be assessed against the new 2018 Guidelines.

 

Council’s Grants Officer engaged in a teleconference on Monday, 19 March 2018, with Louise McMeeking, Regional Director – Department of Premier and Cabinet, John Egan (Office of Sport) and Cathy Gorman (Office of Sport) to gauge the feedback on all of our applications. The notes from the feedback session are attached to this report.

 

All three (3) projects were rated by the Assessment Panel as “Average”, and generally most projects across the state were rated “Average”.

 

Both the Nambucca Valley Connected project and the Macksville Memorial Aquatic Centre rated much higher in “Strategic Assessment” than the Phillip Hughes Oval project, as we could only identify use of the facilities for one sport – cricket, and the upgrade could not be considered a “Regional Sporting Hub” or “Regionally Significant”, as outlined in the 2018 Guidelines. It was discussed that this project may be better suited to Round 2 of the Stronger Country Communities Fund – Sporting Facilities funding, also closing on 4 May 2018.

 

It is worth noting that Council submitted an application under ClubGrants NSW for funding for Phillip Hughes Oval in February 2018, for a grant amount of $165,747 for Stage 1, (total project cost of $331,494), being fencing, maintenance shed, car parking, signage and landscaping. At this stage the status of this application is unknown.

 

It was also suggested that the Macksville Memorial Aquatic Centre may not be an eligible project under the new 2018 Guidelines, as aquatic facilities are apparently not a focus of this funding program. We would have to pitch this project really well, and be able to prove that the Aquatic Centre is a part of a Regional Sports Hub or is Regionally Significant. Louise McMeeking suggested a partnership or agreement through MIDROC, regarding which Mid North Coast Aquatic Centres should be eligible for funding. The details in the FAQ’s 2018 state the following:

 

Q: What kind of projects will not be funded?

A: The Regional Sport Infrastructure Fund will not fund projects:

*        ….for community swimming pools or aquatic facilities not part of a regional sport hub that are funded by local government;

*        related to engaging or paying permanent employees;

 

Clarification on this was sought from the Office of Sport, and following a conversation on 20 March 2018 with both John Egan and Cathy Gorman, it was suggested we pursue the application clearly articulating our case for the Regional Sporting Hub and Regionally Significant Facility, and let the Assessment Panel decide (notes attached).

 

 

Recommendation:

 

1        That Council proceed with submission of applications for funding under the Regional Sports Infrastructure Fund for both the Nambucca Valley Connected project and the upgrade of the Macksville Aquatic Centre based on the feedback from the Office of Sport on 19 and 20 March 2018, and the new 2018 Guidelines.

 

2        That Council consider submitting  an application for funding the upgrade of Phillip Hughes Oval – Stage 1 only, (no Memorial Clubhouse construction), under the Stronger Country Communities Fund, based on the EOI feedback from the Office of Sport.

 

 

 

OPTIONS:

 

Council has discretion as to the applications it proceeds to make under the Regional Sports Infrastructure Fund, however the newly released 2018 Guidelines have to be considered and addressed. Projects seeking less than $1m may be eligible for funding under the Stronger Country Communities Fund.

 

 

DISCUSSION:

 

It will be recalled that the NSW Government announced as part of the $1.3 billion Regional Growth Fund, the opening of a $100 million Regional Sports Infrastructure Fund on 7 August 2017 which will, “create a network of spaces and places that enable communities to enjoy quality sport and participate in physical activity. It will invest in new and existing venues to improve participation and performance in sports at all levels”.

 

The $100 million was stated to be available over 4 years, and funding applications would be open all the time. Applications, however, must be for projects valued at $1 million or more. However, with the release of the new 2018 Guidelines, previously submitted EOI’s are eligible to proceed with applications, closing on 4 May 2018, and the program is no longer available over the 4 years, at this time.

 

The Stronger Country Communities Fund (SCCF) now has an allocated amount available for Sporting Facilities in Round 2, for eligible projects that may not receive funding under this program.

 

Council should consider the information presented, and any further information sourced from the Office of Sport, and review the new Guidelines to decide if it is in Council’s, and the community’s interests, to proceed with applications for funding under the RSIF, or under other funding programs, such as the SCCF.

 

CONSULTATION:

 

There has been consultation with:

 

·      NSW Office of Sport and Recreation

·      Councillors

·      General Manager

·      Council’s Grants Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.  With the proposed project for heating of the Olympic pool, there will be significant energy required for heating.  Whilst some of this energy can by sourced from photo voltaic panels and a passive solar hot water system, this will need to be augmented by mains electricity or (less likely) LPG gas.  Depending upon the length of the pool season, the energy required to heat the Olympic pool will negatively impact on the Council’s carbon footprint.

 

Social

 

All of the projects will have a range of positive social benefits as a consequence of increased social interaction and increased physical activity leading to improved health outcomes.

 

Economic

 

There will be positive economic outcomes for the Nambucca Valley where a regional level facility can be developed that hosts events which attract people from across the Mid North Coast and further afield.

 

Risk

 

There are a number of general financial risks being:

 

1.   That capital costs will exceed the estimates provided for each project meaning they will not be able to proceed or that Council or other parties will need to increase their financial contribution.

2.   Increased operating costs which will need to be borne by Council. There is discussion of options in relation to this for both the Bowraville and Phillip Hughes Memorial Clubhouse and Oval projects.  However the proposed heating of the Macksville Memorial Aquatic Centre will result in a substantial increase in the Centre’s operating costs which won’t be offset by increases in the admission price or the number of admissions.  The increased cost can be managed by having a maintenance closure of say the three winter months.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be some impacts on Council’s operating costs and depreciation.  In relation to both the “Nambucca Valley Connected – Sharing Sport throughout the Region” project and the Phillip Hughes Memorial Clubhouse and Oval project, both can potentially be the subject of long term leases to community based sporting organisations wherein the lessee can be made responsible for and the beneficiary of the asset in terms of both its operations costs and the capital investment.

 

The same can’t be achieved for the Macksville Memorial Aquatic Centre where for financial reasons it is advantageous for Council to enter into shorter term operating leases.  In terms of managing the increased operating costs arising out of heating the Olympic pool the key factor will be the length of the season.  In this regard one option may be to have a 3 month winter maintenance closure meaning that the heating will only be applied to the warmest months and with thermostat control may not be required over much of summer.

 

Source of fund and any variance to working funds

 

For General Fund, Council’s estimated Current Liquid Equity position (available working capital at year end) is healthy at approximately $1,800,000 above the minimum level as per Council’s policy.

 

Should Council decide to proceed with two applications under the RSIF, an amount of $1,200,000 would still be our commitment to the Nambucca Valley Connected Project and the Macksville Aquatic Centre, as previously reported, and if Council chose to submit an application under the SCCF for Phillip Hughes Oval – Stage 1, the estimated cost of $350,000, could be fully funded by this fund, with a balance of $494,000 available to other sporting facilities projects.

 

Service level changes and resourcing/staff implications

 

All of the projects will increase the service levels of various sports to a more significant standard.

 

Attachments:

1

9639/2018 - Feedback Session notes - 19 March 2018 - 3 X EOI submissions

 

2

9702/2018 - Regional Sports Infrastructure Fund Guidelines 2018

 

3

9703/2018 - Regional Sports Infrastructure Fund Fact Sheet 2018

 

4

9806/2018 - Feedback from Office of Sport re question regarding Aquatic Centres for RSIF applications

 

  


Ordinary Council Meeting - 12 April 2018

Regional Sports Infrastructure Fund - Applications to be submitted by 4 May 2018

 

FEEDBACK SESSION ON 3 X EOI’s FOR

REGIONAL SPORTS INFRASTRUCTURE FUND

On Monday, 19 March 2018

Teleconference call from 10:30am with:

Louise McMeeking – Regional Director – Department of Premier & Cabinet

John Egan – Office of Sport

Cathy Gorman – Office of Sport

Teresa Boorer – Nambucca Shire Council

Feedback in order of submission:

1.    Nambucca Valley Connected – Bowraville

·    Overall assessment from the Grant Assessment Panel – AVERAGE rating;

·    Most projects submitted came out as average;

·    Aims: MEDIUM ranking;

·    An area to strengthen, should we move on to an application, is to demonstrate an increased participation in sports – need figures, evidence required;

·    Strategic Assessment: MEDIUM to MEDIUM HIGH;

·    Strong demonstration and alignment to Council policies and plans;

·    Had a lot of local letters of support, but need to demonstrate the need for this facility, and ensure support from State and Regional bodies;

·    Need to demonstrate facility could be used by more than one code;

·    Think about how to better demonstrate that this is a regionally significant proposal;

·    Economic Assessment: MEDIUM

·    Has some economic benefits;

·    BCR calculation done as part of assessment – struggled to achieve in this, as did all of NSC’s 3 projects;

·    The use of the BCR calculations is removed though from the new 2018 RSIF guidelines;

·    Affordability: HIGH

·    Calculated to be 40% co-contribution;

·    This is above what is expected in the new guidelines, being 25% of grant amount sought;

·    General Comments:

·    A good project and needed locally, and may attract regional events, but doubt it would attract state level events;

·    Is a unique project in the high aboriginal population, but need to strongly identify with all aspects of the new guidelines;

·    Higher level of support needed from State bodies;

·    Office of Sport do like the project, but it HAS to meet the guidelines, and the application has to be persuasive in the push for State significance as well;

·    Need to align “hub” description with new 2018 guidelines – be sure it fits!;

2.    Phillip Hughes Oval - Macksville

·    Overall assessment from the Grant Assessment Panel – AVERAGE rating;

·    Rated slightly lower than the other two (2) projects;

·    Most projects submitted came out as average;

·    Aims: MEDIUM ranking;

·    An area to strengthen, should we move on to an application, is to demonstrate an increased participation in sports – need figures, evidence required;

·    Strategic Assessment: MEDIUM;

·    Good demonstration and alignment to Council policies and plans;

·    Had good letters of support, but need to demonstrate the need for this facility, and ensure support from State and Regional bodies;

·    Need to demonstrate facility will be multi-use for more than one sport – critical to assessment;

·    Need to identify the project will attract more and new events;

·    Will the project be regionally significant?;

·    This project less regionally significant than other 2;

·    Think about how to better demonstrate that this is a regionally significant proposal;

·    Inclusivity good with facilities constructed to include women and juniors;

·    Economic Assessment: MEDIUM

·    Has some economic benefits;

·    BCR calculation done as part of assessment – struggled to achieve in this, as did all of NSC’s 3 projects;

·    The use of the BCR calculations is removed though from the new 2018 RSIF guidelines;

·    Affordability: HIGH

·    Calculated to be 35% co-contribution;

·    This is above what is expected in the new guidelines, being 25% of grant amount sought;

·    General Comments:

·    A good project and needed locally, however may not attract regional or state level events;

·    Will need to view this project and assess looking at the new 2018 guidelines;

·    Higher level of support needed from State bodies – what opportunities to the area?;

·    Don’t include any mention of ongoing maintenance by Council of facility – about upgrading or building new infrastructure – inclusivity good;

·    Office of Sport thought this project may be better suited to SCCF as it would be difficult to get this project through as regionally significant, multi-use and state event potential;

 


 

3.    Macksville Memorial Aquatic Centre - Macksville

·    Overall assessment from the Grant Assessment Panel – AVERAGE rating;

·    Rated slightly higher than the other two (2) projects;

·    Most projects submitted came out as average;

·    Aims: MEDIUM ranking;

·    This project highly likely to attract regional events and potentially state events;

·    Strategic Assessment: MEDIUM to MEDIUM HIGH;

·    Good demonstration and alignment to Council policies and plans;

·    Project identifies as regionally significant;

·    Had good letters of support but ensure support from State and Regional bodies identifying potential events;

·    Need to demonstrate facility will be multi-use for more than one sport – critical to assessment;

·    Economic Assessment: MEDIUM

·    Has some economic benefits;

·    BCR calculation done as part of assessment – struggled to achieve in this, as did all of NSC’s 3 projects;

·    The use of the BCR calculations is removed though from the new 2018 RSIF guidelines;

·    Affordability: HIGH

·    Calculated to be 30% co-contribution;

·    This is above what is expected in the new guidelines, being 25% of grant amount sought;

·    General Comments:

·    A good project and is regionally significant;

·    Assessors identified this is a 50 metre pool centrally located in the swimming region;

·    Will need to pitch this project really well because it is an aquatic facility and a lot of Councils are trying to get funding for this – and it is not a focus;

·    Need to read the part of the new 2018 guidelines that could make some projects ineligible – be sure to read this through and ring if any questions;

·    Louise McMeeking suggested that a partnership, or level of agreement through MIDROC, regarding which Aquatic Centres should try to source funding could be beneficial to project application success;

 


Ordinary Council Meeting - 12 April 2018

Regional Sports Infrastructure Fund - Applications to be submitted by 4 May 2018

 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 12 April 2018

Regional Sports Infrastructure Fund - Applications to be submitted by 4 May 2018

 


 


 


Ordinary Council Meeting - 12 April 2018

Regional Sports Infrastructure Fund - Applications to be submitted by 4 May 2018

 

FEEDBACK FOLLOWING QUESTION RE AQUATIC CENTRES FOR

REGIONAL SPORTS INFRASTRUCTURE FUND

On Tuesday, 20 March 2018

Teleconference call @11:15am with:

John Egan – Office of Sport

Cathy Gorman – Office of Sport

Teresa Boorer – Nambucca Shire Council

The following question was emailed to the Office of Sport on Monday, 19/03/2018, evening:

Good afternoon!

I’m just reading through the Guidelines, and it was also mentioned in a Feedback Session this morning with John Egan and Cathy Gorman from the Office of Sport, that Aquatic Centres may not be eligible for funding.

In the FAQ’s sheet it states that:

Q: What kind of projects will not be funded?

A: The Regional Sport Infrastructure Fund will not fund projects:

*             ….for community swimming pools or aquatic facilities not part of a regional sport hub that are funded by local government;

Our Memorial Aquatic Centre is centrally located in Macksville Park, where sports such as Rugby League, Tennis, Touch Football and netball are played on a regular basis, and regional carnivals are held here. Under the Guidelines, I believe the area could be classed as a regional sport hub, but I am seeking further clarification, if possible.

The Aquatic Centre also houses a gym, and other health and fitness facilities, including a 16m hydro-therapy pool. This facility is a Council owned facility.

Are you able to provide me with some clarification on this to make our decision as to whether to proceed with our application for funding under the RSIF.

Many thanks for your assistance,

Teresa

Teresa Boorer

Grants Officer


 

1.    Macksville Memorial Aquatic Centre - Macksville

·    John and Cathy both agreed it was a good question, and needed to be considered;

·    I presented my case that the Aquatic Centre could be classed as an integral part of a Regional Sports Hub being Central to the Macksville Sporting Precinct, and the multiple use fields and facilities located there;

·    However, we also discussed the fact the upgrade to the Aquatic Centre could make the centre “regionally significant”;

·    Essentially we only need to be either or – part of a Regional Sport Hub or Regionally Significant;

·    After a lot of conversation and hypothetical scenarios, John Egan suggested we should clearly articulate, in our application, the case for a Regional Sport Hub, and clearly articulate our case for regionally significant sport facility, based on the fact it is a 50m Olympic sized, 8 lane, pool that will host spectators, provide rehab facilities, and recovery facilities for multiple sports as well as swimming events. It will then be up to the Assessment Panel to decide which is the best fit, or should both be ticked YES, the strategic assessment could be ranked higher.

·    I again brought up the feedback from yesterday as noted under the general comments below, and including the fact assessors advised that this project is highly likely to attract regional events and potentially state events, which would help with our case for regionally significant sporting facility.

·    General Comments:

·    A good project and is regionally significant;

·    Assessors identified this is a 50 metre pool centrally located in the swimming region;

·    Will need to pitch this project really well because it is an aquatic facility and a lot of Councils are trying to get funding for this – and it is not a focus;

·    We closed the call at around 11:55am.


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager's Report

ITEM 9.9      SF2390            120418         Regional Growth Fund - Round 2: Stronger Country Communities Fund - Potential applications

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer; Michael Coulter, General Manager         

 

Summary:

 

The Stronger Country Communities Fund is a part of the NSW Government’s Regional Growth Program.

 

Round 2 of the Program will open on 12 March 2018 and close on 4 May 2018. There is only one funding round – no tranches this year.

 

An announcement has been made that advises that double the amount will be available for Round 2 – with a minimum of half to be specifically targeted at sporting projects in regional areas.  As the Council will be receiving $844,000 from Round 1 the announcement means that Council can expect to receive $1,688,000 in Round 2 with at least $844,000 to be spent on sporting projects.

 

The guidelines stipulate that ineligible projects include the maintenance of roads or other core service infrastructure like bridges.  Council staff have ascertained that the purchase of land is also ineligible for funding.  This was considered in the context of acquiring the North Macksville Soccer Fields from the RMS which otherwise would neatly fit within the expenditure requirement for sporting facilities.

 

Council is required to obtain and submit at least one (1) quote for all submitted applications.  Community consultation is also essential so that projects are “shovel ready”.  Council has several potential eligible projects for both the local community infrastructure portion and the sporting facilities allocation noted below. At a Grants Workshop on Thursday, 29 March 2018, the following listing was prioritised as follows:

 

Community Infrastructure:

(a)   Children’s playground at Hennessey Tape Oval, Bowraville;

(b)   Revitalisation of V-Wall precinct including lighting, upgrade of amenities, realigning carpark, reclaiming open space, path renewal and landscaping (see Page 69 of Nambucca River MasterPlan);

(c)   Safety fencing around Lions Park in Ferry Street, Macksville to prevent young children from running onto the road;

(d)   Pathways and place-making in Macksville around Dawkins Park area;

 

Sporting Facilities

(a)   Upgrade of Phillip Hughes Oval, Macksville;

(b)   Development of playing fields adjacent to St Patrick’s Primary School, South Macksville which are identified as necessary for the continuing residential development of South Macksville;

(c)   Tennis Court upgrade for the Nambucca Shire including facilities at Scotts Head, Macksville, Nambucca Heads, Valla Beach and Taylors Arm.

(d)   Replacement of failing section of retaining wall and installation of handrail at Coronation Park, adjacent to soccer playing fields, Nambucca Heads

 

Recommendation:

 

That Council adopt the prioritised list for submission of applications, for both Community Infrastructure and Sporting Infrastructure under the NSW Government’s Stronger Country Communities Fund – Round 2, as discussed at the Grants Workshop on Thursday, 29 March 2018.

 

 

 

OPTIONS:

 

There are numerous options for grant funding under this program, however to prepare the applications in the timeframe available it is important that the projects prioritised can be classed as “shovel ready” so all criteria can be met when preparing the applications.

 

Council can choose to apply for funding for the listed and prioritised projects noted above, or apply for other projects identified as a priority of the Council.  In putting forward projects first and foremost consideration has to be given to the funding guidelines and timeframe.

 

 

DISCUSSION:

 

The NSW Government has committed a further $200 million – double last year’s commitment – to this funding program. In this second round 50% of funding is to be dedicated to local sporting facilities, and the balance to local community infrastructure.

 

Round 2 opened on 12 March 2018 and closes on 4 May 2018.

 

Given the requirements for the applications to have community consultation, at least one (1) quote and to demonstrate community need in the applications, priority needs to be given to those applications that we consider to be “shovel ready”, or are able to be readily costed.

 

The suggestions from staff for potential projects for Round 2 are:

 

Community Infrastructure:

 

(a)   Children’s playground at Hennessey Tape Oval, Bowraville - estimated cost: $250,000;

(b)   Revitalisation of V-Wall precinct including lighting, upgrade of amenities, realigning car park, reclaiming open space, path renewal and landscaping (see Page 69 of Nambucca River MasterPlan) – majority of works currently not quote ready however $500,000 estimated for path renewal included in the forward planning budget for 2018/2019;

(c)   Safety fencing around Lions Park in Ferry Street, Macksville – estimated cost of $50,000;

(d)   Pathways and place-making in Macksville around Dawkins Park area – estimated cost of $100,000;

 

Sporting Facilities

 

(a)   Upgrade of Phillip Hughes Oval, Macksville – (Total project cost estimated to be $1.4m from Master Plan – King & Campbell) – estimated cost, without a new clubhouse, is $350,000;

(b)   Development of playing fields/recreation area adjacent to St Patrick’s Primary School, South Macksville, including amenities no estimates yet for drainage work, toilets or playground but can be readily sourced from existing schedules of rates – quoted $473,000

(c)   Tennis Court upgrade for the Nambucca Shire including facilities at Scotts Head, Macksville, Nambucca Heads, Valla Beach and Taylors Arm – estimated cost could be up to $100,000.

(d)   Replacement of failing section of retaining wall and installation of handrail at Coronation Park – estimated cost: $100,000;

 

In terms of identifying and prioritising projects some criteria which can be usefully applied in order of most important to least important based on cost/benefit/financial sustainability are:

 

1.    Does the project meet the funding guidelines (including submission of information by the due date)

2.    Infrastructure renewal being projects already listed on Council’s capital works program

3.    Infrastructure renewal being projects not listed on Council’s capital works program but which will be required in the foreseeable future because of the age/and or condition of the infrastructure

4.    New infrastructure required for population growth and economic development

5.    New infrastructure which increases service levels but has minimal associated operating costs for council and

6.    With the least preferred being new Infrastructure which increases service levels but has significant associated operating costs for council

 

If/as Council’s financial sustainability improves it should be expected that Council will have the capacity to look further down this priority list.  It has quite properly in the past targeted projects which fit in the top half of the list.

 

Other considerations for Council are providing some equity in funding across the centres which comprise our community and secondly some consideration of the triple bottom line (environment/social/economic) noting that the funding is directed at delivering “local infrastructure”.

 

 

CONSULTATION:

 

There has been consultation with:

 

Councillors

General Manager

Assistant General Manager – Engineering Services

Manager Assets

Manager Technical Services

Manager Infrastructure Services

Coordinator Strategic Planning and Natural Resources

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no significant social implications.

 

Economic

 

At this stage there are no particular economic issues. Funding applications for less than $1 million do not require a co-contribution from applying Councils.

 

Risk

 

The major risk with any new or improved community infrastructure is the additional operating costs.

 

A source of frustration and risk with the roll out of the State Government’s “Restart NSW” is the overlapping nature of a number of programs and the different deadlines and funding announcements.  For example the Council has lodged a number of EOI’s under the Regional Sports Fund which could equally be funded in whole or in part from the Stronger Country Communities Fund.  Similarly the Council has lodged EOI’s under the Growing Local Economies Fund and the Regional Cultural Fund which could be funded from the Stronger Country Communities Fund.

 

We do know that Council’s EOI for funding an extension to the Nambucca Heads Library under the Regional Cultural Fund was unsuccessful but the other EOI’s have not been determined.  Without knowing the outcome of those EOI’s it is impossible to develop a holistic set of priorities for the Stronger Country Communities Fund as it requires assumptions to be made as to whether or not the EOI’s will be successful.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no budgetary impacts.  Hopefully the timing of funding announcements will enable the Council to make provision for the projects in its operational plan for 2018/19.

 


 

Source of fund and any variance to working funds

 

At this stage there are no variances to working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there is no service level or resourcing implications.  This could obviously change depending on the nature of the selected projects.

 

Attachments:

1

9805/2018 - Round 2 Letter - Stronger Country Communities Fund - Nambucca Shire Council

 

2

9804/2018 - Program Guidelines - Stronger Country Communities Fund - Round 2

 

3

9803/2018 - Fact Sheet - Stronger Country Communities Fund - Round 2

 

  


Ordinary Council Meeting - 12 April 2018

Regional Growth Fund - Round 2: Stronger Country Communities Fund - Potential applications

 


 


Ordinary Council Meeting - 12 April 2018

Regional Growth Fund - Round 2: Stronger Country Communities Fund - Potential applications

 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 12 April 2018

Regional Growth Fund - Round 2: Stronger Country Communities Fund - Potential applications

 


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager's Report

ITEM 9.10    SF1120            120418         Grant Application Status Report

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

This report provides an overview of grant applications and their status for the previous quarter.

 

 

RecommendationS:

 

That Council receive the list of grant applications to 31 March 2018.

 

 

 

Successful grant applications (ACTIVE PROJECTS):

 

Grant and date of approval

Funding Amount

Amount Council

Description

Environmental Trust Restoration and Rehabilitation Grant

Closed 19 September 2014

 

$86,160

$23,060 (in-kind)

Protection of two endangered populations and treatment of Wakki Beach, Scotts Head and bush track

**Ongoing – Glycine Project**

Indigenous Advancement Strategy – Nambucca Valley Sport and Wellbeing Program

$154,442

NA

Two year program paying Ritchie Donovan’s contract for continuation of program

**Grant Acquittal in progress**

Transport for NSW – Community Transport

 

$12,000

In-kind only

Young people’s awareness raising/skills sessions using public transport

**Ongoing**

Office of Environment and Heritage Coastal Management

$82,150

$82,150 (EL)

Nambucca EcoHealth Monitoring Programme

**Ongoing**

Office of Environment and Heritage Coastal Management

$85,000

$50,000 (EL) $25,000 (NSW Coastal Holiday Parks Trust) $40,000 (Local Land Services – committed over 3 years of project)

Scotts Head Headland Coastal Hazard Reduction

**Ongoing**

Regional Communities Fund

$55,000

N/A

Design & Development Plan for Valla Industrial Estate

**Preliminary works underway**

Pedestrian Infrastructure around schools Program – Application submitted April 2016 – advised part successful December 2016

 

Cost of works – fully funded

 

Install traffic calming devices and enhanced signage – Nambucca Heads Public School

NSW Boating Now (2015-2017) – RMS – 6 Projects (2 now completed):

Gordon Park – MN-18 – started January 2016

Nambucca Heads RSL boat ramp – MN-19 – to be started

 

Deep Creek – MN-21 – to be started

 

 

$287,000

 

$27,000

 

 

$30,000

 

 

$287,000

 

$27,000

 

 

$24,000

 

 

MN-18: Upgrade boat ramp & car park at Gordon Park, Nambucca Heads **Ongoing**

MN-19: Improve access for non-powered vessels at Nambucca Heads RSL boat ramp **Yet to be started**

MN-21: Upgrade boat ramp and car park at Deep Creek **Commenced**

 


Successful grant applications (ACTIVE PROJECTS): (continued)

 

Grant and date of approval

Funding Amount

Amount Council

Description

Community Building Partnership Grant funding

Closed 22 July 2016 – advised successful 15 December 2016

$8,200

$5,700 (NSC)

$2,500 (CoM)

Taylors Arm Hall CoM – painting the hall

CBP16 – 1258

**COMPLETE**

Community Building Partnership Grant funding

Closed 22 July 2016 – advised successful 15 December 2016

$4,519

$4,520 (CoM)

Valla Beach Community Association CoM – upgrade of the community hall

CBP16 – 1035

**COMPLETE**

Community Building Partnership Grant funding

Closed 22 July 2016 – advised successful 15 December 2016

$3,307

$3,000 (CoM)

Valla Beach Tennis Club Inc CoM – Completion of concrete works, new table & seating & equipment

CBP16 – 0736

**COMPLETE**

Coastal & Estuary Grants Program 2016-2017

Closed 18 August 2016 – advised successful 14 March 2017

$207,500

$207,500 (NSC)

Nambucca Shire Council – Stage 2 Nambucca Heads Surf Lifesaving Club protection

**Commenced**

Department of Planning & Environment – Bowraville Solution Brokerage

Announced 20/03/2017 – advised successful 19 May 2017

$150,000

$0

Bowraville Community Connections Project – Stage 1 – Community Recreation & Sports Precinct

**Ongoing Project**

Local Heritage Places Grants 2017 – 18 and 2018 – 19

Closed 12 December 2016 – advised successful 30 May 2017

$6,000 each year for the 2 years

$6,000 (NSC)

Nambucca Shire Council Local Heritage Places grant - #LGP2017076

**Grant accepted – ongoing**

Coastal & Estuary Grants Program – 2016-17 – Planning Funding

Closes 30/06/2017 – advised successful 2 June 2017

$25,000

$27,000 (NSC cash & in-kind)

Transition of CZMP & EMP to a CMP to support estuary management actions

**Commenced**

 

Flying-fox Grants – Stream 3

Closed 26/05/2017 – advised successful 19 June 2017

$15,400

$3,800 (NSC cash)

$15,400 (NSC in-kind)

Implement some actions from DRAFT Management Plan

**Ongoing**

 

2017/2018 Walking & Cycling Programs – RMS – Priority Cycleways

Nominations Closed 9 September 2016

 

$864,889 – RMS approved a grant of $500,000

$0

Cycleway – 1.81km – Upper Warrell Creek Road to Boundary Street, South Macksville

**Project Ongoing**

Public Reserves Management Fund Program 2017 - 2018

Closed 24 March 2017 – advised successful 25 August 2017

 

$29,080

$16,080 (NSC)

$13,000 (NHds Rotary)

Public Reserve #88483 – Revitalisation of Rotary Park lookout, Nambucca Heads – Application #170235

**Commenced**

Public Reserves Management Fund Program 2017 - 2018

Closed 24 March 2017 – advised successful 25 August 2017

 

 

$16,500

$35000 (NSC)

$18000 (NCLLS)

$7290 (Dune Care Volunteers)

 

Public Reserves #88941, 69215, 47599 & 81006 – Nambucca Coastal Zone – Weed Control – Application #170770

**Commenced**

Public Reserves Management Fund Program 2017 - 2018

Closed 24 March 2017 – advised successful 25 August 2017

 

$4,950

$4,445 (NSC)

 

Public Reserve #140105 – Deep Creek – Weed Control – Application #170829

**Commenced**


Successful grant applications (ACTIVE PROJECTS): (continued)

 

Grant and date of approval

Funding Amount

Amount Council

Description

2017/18 Safer Roads Program – 26332 – Aboriginal Communities – advised successful 17 August 2017

 

$1,560

$0

Bowraville – Gumbayngirr Road – installation of 50km/hr signs and children playing signs - #P.0022279

2017/18 Safer Roads Program – 26332 – Aboriginal Communities – advised successful 17 August 2017

 

$15,860

$0

Bowraville – South Arm Road – improve access to bus shelter - #P.0022278

2017/18 Safer Roads Program – 26332 – Aboriginal Communities – advised successful 17 August 2017

 

$38,010

$0

Bowraville – South Arm Road – finish missing path link between High and Carbin Streets - #P.0022277

Social Community Housing Improvement Fund – Round 3 -

Closed 10 May 2017

$40,000

$22,690 (NSC - $5,000 cash & balance in-kind)

Shade for Bellwood Park Playground, Nambucca Heads

**Ongoing Project**

Social Community Housing Improvement Fund – Round 3

Closed 10 May 2017

$50,000

$12,000 (NSC - in-kind)

Bowraville Connections – Multipurpose playing courts for the whole community: tennis, basketball and netball

**Community consultation undertaken**

Bridges Renewal Programme – Round 3

Closed 15 May 2017

$1,000,000

$1,000,000 (NSC)

Replacement of Lanes Bridge, Bowraville

**Funding Agreement returned – Design work continuing**

Safe & Secure Water Program

$485,000

$485,000

Bowraville Sewerage Treatment Plant Upgrade

**Commenced**

 

Building Better Regions Fund – Community Investments Stream

Closed 31 March 2017

$8,500

$3,650 (in-kind NSC)

$3,000 (in-kind Nambucca Valley Landcare)

Nambucca Valley Organic Farm Business Program

**Ongoing Project**

Stronger Communities Programme – Round 3

Closed 6 October 2017

$5,000

$5,000 (VBCA)

Upgrade Drainage Facilities at Anderson Park, Valla Beach – Project Number: STCO63235

**Project commenced**

 

Floodplain Management Program 2017-18

Closed 27 April 2017

$37,333.33

$22,666.67 (NSC)

Installation of radio telemetry on two flood gauges in the Nambucca River

**Commenced**

 

Community Building Partnership Grant funding

Closed 9 August 2017

$18,143

$8,144 (NSC)

$10,000 (CoM)

NSC / Scotts Head Tennis Club CoM – Replacement of Fencing - CBP17 – 1025

**Funding agreement signed, and funds received – project commenced**

 

Community Building Partnership Grant funding

Closed 9 August 2017

Partially Funded

$15,752

$7,150

$12,752 $4,150 (NSC)

$1,000 (CoM);

$1,000 (Falcons);

$1,000 (MRLFC)

Nambucca Shire Council – Macksville Park – Amenities upgrade and lighting maintenance

CBP17 – 3195

**Received $7,150 for the amenities upgrade ONLY – commenced**

 

Stronger Country Communities Fund (SCCF)

Closed 9 August 2017

 

$500,000

$126,950 (NSC cash & in-kind)

Nambucca Shire Council – Lighting Up Coronation Park – SCCF1A-0032

**Commenced**

 

 

 Successful grant applications (ACTIVE PROJECTS): (continued)

 

Grant and date of approval

Funding Amount

Amount Council

Description

Stronger Country Communities Fund (SCCF)

Closed 9 August 2017

 

$130,950

$74,400 (NSC cash & in-kind)

Nambucca Shire Council – Bowraville Connections – Amenities Upgrade, BBQ Area and Connecting Path – SCCF1A-0068

**Commenced**

 

Stronger Country Communities Fund (SCCF)

Closed 9 August 2017

 

$213,050

$71,000 (NSC cash & in-kind)

Nambucca Shire Council – Macksville Park – New Lighting, kitchen renewal and security fencing replacement at Allan Gillett Oval – SCCF1A-0069 **Commenced**

 

Fixing Country Roads – Round 3

Closed 1 September 2017

$131,000

$131,000 (NSC)

$131,000 (LBR Action Group – residents)

Upgrade of Lower Buckrabendinni Road, Buckra Bendinni – Approved under the new “Sealing Country Roads Program”

**Design commenced**

 

Fixing Country Roads – Round 3

Closed 1 September 2017

$500,000

$500,000 (NSC)

$1,000,000 (Bridges Renewal Programme – appl’n submitted May 2017)

Replacement of Lanes Bridge Bowraville with a concrete bridge

**Funding Agreement returned – Design work continuing**

 

Regional Cultural Fund – Round 1 – EOI only -

Closed 4 September 2017

$40,534

$7,000 (Cash – CoM)

Nambucca Community Arts Centre – improvements to Main Hall

**Application submitted**

 

Regional Cultural Fund – Round 1 – EOI only -

Closed 4 September 2017

$30,000

$2,000 (Cash – CoM)

$4,480 (in-kind – CoM)

$1,600 (in-kind – NSC)

Historical Bowraville Theatre - Upgrade sound and lighting - #RCF17R1S00115

**Application submitted**

 

2017/18 & 2018/19 Walking & Cycling Programs – RMS – Priority Cycleways

Nominations Closed 20 October 2017

$2,185,694

Allocated $1,000,000 for 17/18 & 18/19 years, and can “unlock” balance if adhere to all relevant guidelines

$0

Cycleway – 4.25km – Florence Wilmont Drive to Nursery Road, North Macksville

**Design work commenced**

 

2018 NSW Seniors Festival Grants – Category 1 & 2

Closed 8 September 2017

$1,000

$5,305 (NSC Cash & in-kind)

A Dose of Good Cheer (11/04/2018) – 2018 Seniors Week

**Commenced**

 


SUCCESSFUL APPLICATIONS IN THIS QUARTER:

 

Grant and Date of Notice

Amount

Amount - Council

Description

Safe & Secure Water Program – EOI submitted for Feasibility & Treatment Options Study – Bowraville Dam

SUCCESSFUL – move to application

$25,000

$25,000 (NSC)

Scoping Study Phase – Feasibility & Treatment Options Study for Bowraville Dam

Regional Sports Infrastructure Fund – Office of Sport & Recreation

EOI only – invited to move to application under 2018 Guidelines

$2,592,000

$700,000 (NSC)

$330,950 (Grant funding)

$697,050 (in-kind)

Nambucca Valley Connected – Sharing Sport Throughout the Region

Regional Sports Infrastructure Fund – Office of Sport & Recreation - Submitted 16 February 2018

EOI only – invited to move to application under 2018 Guidelines

$883,500

$400,000 (NSC)

$110,245 (in-kind)

Phillip Hughes Oval and Memorial Clubhouse – Macksville Sporting Area Revitalisation

Regional Sports Infrastructure Fund – Office of Sport & Recreation - Submitted 5 March 2018

EOI only – invited to move to application under 2018 Guidelines

$1,143750

$500,000 (NSC)

 

Macksville Memorial Aquatic Centre - Pool Heating and Facilities Upgrade Stage 1

FRRR – Small Grants for Rural Communities - Submitted 26 September 2017

**SUCCESSFUL**

$4,900

$800 (NSC – in-kind)

$800 (CoM – in-kind)

 

Covered Outdoor Area for Taylors Arm Community Hall

NSW Boating Now - Round 2

Closed 20 August 2017

**SUCCESSFUL**

$90,000

$85,000 (NSC Cash & in-kind)

Weir Reserve Boat Ramp and Amenities Upgrade, South Pacific Drive, Scotts Head

NSW Boating Now - Round 2

Closed 20 August 2017

**SUCCESSFUL**

$122,000

$110,000 (NSC Cash & in-kind)

Gumma Reserve Amenities and Trailer Parking Improvements, 197 Boulton’s Crossing Road, Gumma

NSW Boating Now - Round 2

Closed 20 August 2017

**SUCCESSFUL**

$70,000

$0

Devil's Elbow and Grassy Park Passive Launching area and Canoe Trail


Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

 

Heritage Near Me – Local Strategic Projects – submitted on 17/11/2017

$100,000

$132,917 - NSC have committed to project – cash & in-kind

Macksville Bridge – Brightening the future, highlighting our heritage

(Lighting for Macksville Bridge)

 

2018/2019 Walking & Cycling Programs – RMS – Priority Cycleways

Nominations Closed 20 October 2017

$114,649

$114,649

Shared Pathway – 429m – River Street, Macksville

 

2017/2018 Safer Communities Fund – Round 2

Closed 14 November 2017

$20,000

$5,415

Shining lights for safety and fencing to keep crime out – E J Biffin Fields

 

2017/2018 Public Library Infrastructure Grants 2017/18

Closed 10 November 2017

$134,266

$11,000 (Cash)

$8,750 (In-Kind)

RFID Implementation into our Nambucca Heads and Macksville Libraries

 

Heritage Near Me – Local Strategic Projects – submitted on 17/11/2017

$100,000

$132,917 - NSC have committed to project – cash & in-kind

Macksville Bridge – Brightening the future, highlighting our heritage

(Lighting for Macksville Bridge)

 

Liveable Communities Grants – Round 3

Closed on 20/11/2017

$100,000

$129,299 (NSC Cash & in-kind)

Shared Pathway – 429m – River Street, Macksville

Liveable Communities Grants – Round 3

Closed on 20/11/2017

$100,000

$26,875 (NSC Cash & in-kind)

Pathways to Healthier Living in the Outdoors” – Dawkins Park, Macksville

Growing Local Economies Program (Restart NSW)

EOI submitted on 13/11/2017

$8,000,000

 

Creation of Employment Land - Valla Urban Growth Area

National Youth Week 2018 funding

Funding Agreement signed 21/11/2017

$1,425

$1,425 (matching funding)

National Youth Week 2018 – 13/04/18 to 22/04/2018 - Submission Number:  YW18 - 081 

Recreational Fishing Trust – 2017/2018 – Large Grants

Closed on 24/11/2017

$77,325

$12,750 (NSC)

$140,000 (NSC – in Capital Works program for boardwalk)

Construction of 2 x disabled accessible fishing platforms as part of the boardwalk upgrade at Nambucca Heads

Recreational Fishing Trust – 2017/2018 - Small Grants

Closed on 24/11/2017

$10,000

$5,250 (NSC)

 

Installation of Disabled Accessible Fish Cleaning table – Stuart Island, Nambucca Heads

Recreational Fishing Trust – 2017/2018 – Small Grants

Closed on 24/11/2017

$10,000

$5,250 (NSC)

 

Installation of Disabled Accessible Fish Cleaning table – Gordon Park, Nambucca Heads

OEH Heritage Planning Studies Funding (2018/19)

Closed on 29/11/2017

$10,000

$10,000 (NSC)

Heritage Signage Strategy - Development of a Cultural Way for Nambucca River Foreshore

OEH Heritage Planning Studies Funding (2018/19)

Closed on 29/11/2017

$10,000

$10,000 (NSC)

Main Street Study - including River Street and other significant local heritage buildings, Macksville Town Precinct


Applications made but not yet determined (continued):

 

Funding Body

Amount

Amount - Council

Project Name

Social Housing Community Improvement Fund – Round 4

Closed 13 December 2017

 

$41,000

$23,690 (NSC - $6,000 cash & balance in-kind)

Shade for Binalong Park Playground, Macksville

Building Better Regions Fund – Infrastructure Projects Stream

Closed 19 December 2017

$985,000

$985,000 (cash) and $123,125 (in-kind – works not eligible costs for funding)

Extend existing road providing access for new Macksville Hospital site

Smart Farm Grants – Smart Farming Partnership

Closed 21 December 2017

$448,300 (total project cost over 4 years)

$10,000 per year for 4 years from levy funds (NSC)

Buckra Bendinni Creek Restoration Project – submitted and managed by Nambucca Valley Landcare

 

Office of Environment & Heritage – Coastal & Estuary Grants 2017/18

Closed 30 January 2018

$28,000

$28,000

Improvements to Seawall at Bellwood, Nambucca Heads reducing future risk

Office of Environment & Heritage – Coastal & Estuary Grants 2017/18

Closed 30 January 2018

$76,500

$60,000 (NSC)

$16,500 (PRMFP grant funds)

3 Year program – habitat restoration & conservation on managed coastal reserves

Office of Environment & Heritage – Coastal & Estuary Grants 2017/18

Closed 30 January 2018

$15,000

$15,000

Restoration of Beach Access Way – Nyambaga Walking Trail, Nambucca Heads

Office of Environment & Heritage – Coastal & Estuary Grants 2017/18

Closed 30 January 2018

$163,750

$163,750

Restoration of Dawkins Lake, Macksville

Safe & Secure Water Program – EOI submitted for Macksville Hospital Water and Sewerage Infrastructure

Submitted 2 February 2018

$560,000

$560,000 (NSC)

Macksville Hospital Water and Sewerage Infrastructure

Growing Local Economies Fund – Department of Premier & Cabinet - Submitted 2 February 2018

$667,000 per year over a 3 year program

$120,000 (cash) & $13,000 (in-kind) NSC per year over a 3 year program

Revitalisation and Improvement Program - Local Main Streets

ClubGRANTS Category 3 Fund - Round 3 2017/2018

Closed 19 February 2018

$165,747

$165,747

Construction of the Phillip Hughes Oval

Public Reserves Management Fund Program 2018 - 2019

Closed 9 March 2018

 

 

$31,075

$28,025 (NSC in-kind labour, administration, maintenance and monitoring)

Public Reserve #77235 – Hennessey Tape Oval and riverbank, Bowraville – Weed & camphor laurel control – Application #181051

Public Reserves Management Fund Program 2018 - 2019

Closed 9 March 2018

 

 

$99,440

$190,000 (NSC cash and in-kind labour, administration, maintenance and monitoring)

Public Reserve #88151 – Gordon Park, Nambucca Heads – Children’s Playground, lighting and paths – Application #180333

 

 

 

 

Applications made but not yet determined (continued):

 

Funding Body

Amount

Amount - Council

Project Name

Regional Cultural Fund – Round 1

Applications closed 3 April 2018

 

$32,500

$2,000 (Cash – CoM)

$4,583 (in-kind – CoM)

$1,700 (in-kind – NSC)

Historical Bowraville Theatre - Upgrade sound and lighting - #RCF17R1S00115

FRRR – Small Grants for Rural Communities – Round 33

Closed 28 March 2018

$3,200

$238 (Cash – CoM)

$425 (in-kind – NSC)

Weed Free and Wide Open – Purchase new mower & whipper snipper

FRRR – Small Grants for Rural Communities – Round 33

Closed 28 March 2018

$2,370

$500 (Cash – CoM)

$400 (in-kind –CoM0

$425 (in-kind – NSC)

Time to resurface and play – resurfacing the 2 tennis courts

Office of Environment & Heritage – Floodplain Management Program 2018-19

Closed 28 March 2018

$20,000

$10,000 (NSC)

 

Simplified Flood Risk Mapping for Rural Areas

Office of Environment & Heritage – Floodplain Management Program 2018-19

Closed 28 March 2018

$400,000

$900,000 (NSC)

$1,000,000 (Bridges Renewal Program)

$500,000 (Fixing Country Roads)

 

Building a new Lanes Bridge and lifting it up for improved community resilience

Holden Home Ground Advantage – Summer ‘18

Closed 31 March 2018

$13,999

$0 (CoM)

 

Building a new Lanes Bridge and lifting it up for improved community resilience

 

Unsuccessful applications in this period:

 

Funding PROGRAM

Amount

Amount - Council

Project Name

Social Housing Community Improvement Fund – Round 4

Closed 13 December 2017

**UNSUCCESSFUL**

 

$41,000

$23,690 (NSC - $6,000 cash & balance in-kind)

Shade for Binalong Park Playground, Macksville

 

 

AWARDED GRANT FUNDS COMPARISON (to date):

 

Financial Year

Total $

2016/2017

529,056

2017/2018

6,019,986.33

this figure is up to date as of 31/03/2018

 

 

 

 

NOTES

 

 

1.   Completed and returned grant acceptance form to FRRR for Taylors Arm Hall successful funding;

2.   Completed and submitted FRRR grant application for Utungun Hall CoM;

3.   Processed invoice and organised payment for completed Taylors Arm Hall Outdoor Covered Area;

4.   Completed and submitted FRRR grant application for Scotts Head Tennis Club CoM;

5.   Completed and submitted Holden Home Ground Advantage application for Scotts Head Sports Fields Committee of Management;

 

 

Attachments:

1

11618/2018 - Extract from Grants Calendar for 12 April 2018 Council Meeting

 

  


Ordinary Council Meeting - 12 April 2018

Grant Application Status Report

 


 


 


 


 


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager

ITEM 9.11    SF2460            120418         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 - 12 April 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 - 12 April 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 - 12 April 2018

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

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 12 April 2018

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

 


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager's Report

ITEM 9.12    PRF45              120418         Overnight Camping and Parking at Lions Park, Ferry Street, North Macksville

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

After a review of the use of the rest area provided at the Ferry Street Lions Park, it is evident that more vehicles are frequently using the rest area than those permitted within the designated 5 vehicle parking spaces. This has at times resulted in congestion in the parking areas which has impacted other users of Lions Park and the amenity of an adjoining resident.

 

As part of the community consultation process it is clear that the majority of those that could be affected by the use of the Ferry Street rest area have no objection to its presence; with suggestions put forward to assist in minimising potential conflicts.

 

After review of the current arrangements and consideration of the submissions received, it is considered that Council can improve its current provision of traveller overnight rest areas in order to minimise potential for conflicts with other park users, surrounding residents and the environment. This can be done by providing additional areas for travellers to stay overnight to minimise potential congestion in the Ferry Street rest area, regulate where and what type of vehicles can park in the allocated spaces, and improve signage so users are better informed.

 

Recommendation:

 

That Council alter the current provision of traveller overnight rest areas within Macksville by:

·           Providing additional rest areas as outlined within the report for travellers to stay overnight to minimise potential congestion in the Ferry Street rest area.

 

·           Improving signage as outlined within the report so that it is clearly identified where vehicles can park, what type of vehicles can park in the allocated spaces, and the restrictions applicable to using the rest areas.

 

·           Providing information on Councils website with regards to the location of rest areas where overnight stays are permissible, the restrictions of use, and penalties for non-compliance.

 

 

OPTIONS:

 

·           Make no changes to the existing allocated rest area at the Ferry Street Lions Park.

·           Increase or decrease the number of spaces and rest areas which can be used for overnight stops.

·           Not allow travellers to stop overnight within rest areas.

 

 

DISCUSSION:

 

At Councils meeting on 18 January 2018 Council made the following resolution:

 

That due to concerns raised in relation to the current camping arrangements at Ferry Street, North Macksville, a review be undertaken and that nearby residents; the Chamber of Commerce, businesses and Nambucca Valley Tourism Association be involved in the process.

 

The current parking arrangements at the Ferry Street Lions Park are illustrated in the aerial photo below, with the overnight parking and boat trailer parking areas signposted on site.

 

 

 

 

The use of the overnight parking area is restricted to Recreational Vehicles (RV) and campervans. The use of the Ferry Street Lions Park by these vehicles between 29 January 2018 and 19 February 2018 was recorded as follows:

 

Date

Time

Number of vehicles

Number of vehicles outside sign posted area

AM

PM

AM

PM

AM

PM

Within Boat Ramp Area

29/1/18

8:15

4:40

0

2

0

1

0

30/1/18

8:00

-

3

-

3

-

0

31/1/18

8:20

6:00

8

7

2

1

0

1/2/18

7:30

5:00

9

9

4

2

0

2/2/18

7:50

4:20

13

5

5

1

0

3/2/18

-

-

-

-

-

-

-

4/2/18

-

-

-

-

-

-

-

5/2/18

-

-

-

-

-

-

-

6/2/18

8:00

4:50

4

4

2

1

0

7/2/18

8:20

-

8

-

4

-

0

8/2/18

7:50

4:50

12

5

3

1

0

9/2/18

7:50

4:15

4

2

0

0

0

10/2/18

-

-

-

-

-

-

-

11/2/18

-

-

-

-

-

-

-

12/2/18

8:20

4:45

6

3

2

2

0

13/2/18

8:15

4:45

4

1

2

0

0

14/2/18

8:15

4:50

2

2

0

1

0

15/2/18

7:40

4:50

7

5

3

2

0

16/2/18

7:40

4:00

8

0

3

0

0

17/2/18

-

-

-

-

-

-

-

18/2/18

-

-

-

-

-

-

-

19/2/18

8:20

4:45

4

1

2

1

0

 

Observations of the types of vehicles using the rest area were mainly RV (caravans, motorhomes), campervans, and the occasional station wagon. The RVs were those typically designed to be self-contained; with cooking, dining, sleeping and bathroom facilities provided. The campervan/station wagons were those typically designed to contain sleeping facilities; with the reliance on bathroom, dinning, and cooking facilities to be provided externally to the vehicle.

 

On each occasion of recording the use of the rest area, the area appeared to have been kept in a clean and tidy manner.

 

Letters were sent/hand delivered to residents within Ferry Street, the Chamber of Commerce, the Nambucca Valley Tourism Association, the local caravan park, Mr Dave Banks, and retail businesses within the Macksville commercial core on 1 February 2018. The letters invited submissions to be sent to Council regarding the use of the Ferry Street Lions Park by travellers before 26 February 2018. A copy of the consultation letter has been included within attachment 1.

 

13 submissions were received during the consultation period and have been included within attachment 2. In addition to this, a number of phone calls were received by residents of Ferry Street who supported the continued use of the area for overnight stays; however, written submissions were not received from these people. A summary of the written submissions received are as follows:

 

Summary of Matters Raised

Reporting Officers Comment

Make no changes to the existing allocated rest area at the Ferry Street Lions Park as the caravans and campers bring money into the town.

While two submissions received did not believe that the people staying overnight in the rest area spend money locally, the majority concurred with the statement that they do bring money into Macksville. While no study has been undertaken to gauge the extent of spending by the users of the rest area, it is considered to be short sighted to believe that no spending is occurring. Through discussions with retail operators along River Street and residents within Ferry Street, it is apparent that users of the rest area are frequently seen crossing the bridge to shop in Macksville, and have expressed the benefits of being able to stay close to the shops.

The allocated overnight parking areas and boat trailer parking must be sign posted with signs large enough for both users to easily identify the use of that area.

The overnight parking and boat trailer parking areas are currently signposted. As outlined in the recommendations later in this report, it is considered that the signage should be improved.

To ensure camping is restricted to overnight Council’s Ranger should monitor the site.

Council’s Ranger position has recently been filled which will assist in the ongoing monitoring of illegal camping within the shire.

A Waste disposal point could be installed at the Ferry Street site or a sign identifying the closest point for campers to use.

Council will be installing a dump point in the Macksville swimming pool car park in the near future. It is recommended that improved signage within the Ferry Street rest area be implemented to direct users to this dump point.

A suggestion for the council would be to provide additional areas in town for the travellers to stay and a notice in Lions Park of these areas. Alternate sites could include:

·    The other side of the old highway (to the east of Ferry Street) where there's plenty of grass verge along the river.

·    Paddys Rest, Algomera

·    Macksville swimming pool car park for limited numbers

·    Bellwood Park (NOT Stuart Island)

·    Valla Beach car park

·    Suitable sites on Bellevue Drive, Macksville

·    Swimming Creek beach car park

·    River Street Macksville, western end  6pm – 8 am, possibly 4-5 spaces for small vans

·    Main beach car park, Nambucca.

·    Macksville swimming pool carpark

·    Hennessey Tape Oval, Bowraville

·    North Macksville Playing Fields

·    Use the Ferry Street Parking area at the approach to the bridge.

·    Reclaim a portion of the Crosswinds Reserve.

·    Dredge the mouth of Tilly Willy Creek and use the spoil to raise the mud flat behind the residences in McKay Street.

·    Council Chambers carpark

Gumma Reserve or the Showground should not be used as an alternative for overnight camping as they are out of town. We want the campers to have the convenience of being in town to spend their money.

As outlined in the recommendations later in this report, it is considered that additional options for rest areas should be provided in Macksville to reduce the congestion experienced at the Ferry Street rest area during peak periods and to relocate campervans from the existing area to minimise potential environmental impacts. These include the Macksville swimming pool car park, parking area adjacent to the Council Chambers in Princess Street, and the use of some of the general parking area at the eastern end of the Ferry Street Lions Park and the western end of River Street outside the public toilets.

 

The remaining alternate sites provided in the submissions received were not considered due to their distance from commercial areas, location of some of them on grassed areas which would pose maintenance issues, and distance from the Pacific Highway.

Limit stays to 24 or 48 hours to stop 'clogging' the spaces for other day users.

It is recommended that signage be upgraded to restrict the length of stay within the Ferry Street rest area to a maximum of 24 hours. The reasons for this are that the purpose is to provide a rest area and not a caravan park. Caravan parks are a separate land use and would require development consent should such extended stays be considered. While restricting stays for less than 24 hours could be implemented, such restrictions could impact the ability for some users to spend money locally, impact/deter use by day visitors in RVs, and unless all RVs and campervans were banned within set periods; would not be any easier to regulate.

Restricting the numbers to allocated spaces so area is managed as a multi-purpose site, ie river users & overnight free camping by incorporating and regulating the number and location of overnight stays.

As outlined later in this report, it is recommended that allocated spaces should be clearly defined at the Ferry Street rest area as well as additional sites at alternate locations to reduce the demand at Ferry Street. It is considered that this, along with increased regulation by Council will minimise any potential conflicts with adjoining residents and the environment.

It is not appropriate or right that the residents/ratepayers who bought their houses in good faith knowing that there was a park opposite to be used only for recreational boating and water sports should have to put up with an unsupervised caravan parking area opposite. We believe residents have already complained about the noise from generators used by RV vehicles.

Ferry Street is a public park used for multiple purposes which are not limited to just recreational boating and water sports. While the park does provide public access to the water, the main purpose of the park is to provide public open space. The location of the park adjacent to the former Pacific Highway and the Nambucca River has made it a popular rest area for travellers over the years. 

All vehicles should be 100% fully self-contained. It is known that RV users do take away their own rubbish and look after the places they stay at. They are particular about that so that they can return to the area, but it would be in Council’s interest to provide extra rubbish bins.

The Ferry Street rest area is generally kept in a tidy condition, with waste being disposed of in the public bin provided adjacent to the overnight parking area. When this bin is nearing capacity, Councils Civic Services crew is notified and the bin is emptied. This is occurring almost daily.

There are caravan parks and camping grounds in Macksville and Gumma which can also be used. Signage for these places should be available at the overnight camping area.

It is recommended that signage be upgraded which incorporates information about local caravan parks.

There should be adequate supervision of the area so that people are aware that one overnight stay only is permissible. Also it is important that the area is policed for safety and behaviour of the overnight campers.

 

There needs to be video surveillance of the river bank. Maybe a 24-hour hotline needs to set up.

 

Specifying and limiting spaces which can be used for overnight stays does not work as the sign posted area is not being adhered to and the "Good will" by RVs is being abused, with Council not enforcing compliance.

Regulation of signage will be undertaken by Councils Rangers. While this has been deficient in recent months due to staffing matters and the current review; the Ranger position has recently been refilled and a shared Ranger position with Bellingen Shire Council will be filled in the coming months. It is considered that with these resources, Council will be able to be more active in regulating compliance with signage.

 

There have been no reports about any unruly behaviour by those using the rest area that required Police intervention. It is considered that providing the recommended overnight parking areas will assist crime prevention within Macksville as it will provide increased casual surveillance.

 

While video surveillance would assist in enforcing non-compliance with Council signage, it is not considered that the expenditure required to install cameras is necessary at this time. It is not considered that a hotline would be of any assistance for regulation purposes; with insufficient resources available to provide immediate afterhours response to any complaints.

There should be no stopping overnight at Ferry Street due to the distance from the river the fragrant abuse of the environmental impact on the sensitive eco system, Oyster & Fishing Industry, location to the beached area for swimmers and also the health concerns by washing themselves and clothes, disposing grey water, and using the mangroves to urinate and dispose of the bi-waste from the cassette toilets in the RV's and Caravans. If these people are unwilling to walk the small distance to use the toilet facilities that are situated in quite a handy location there is little hope that they will give any concern for this area.

Given the Nambucca Shires natural assets and position on the mid north coast; illegal camping has always been an issue which has required regulation. It is not anticipated that this will ever change as there are many people in RVs and campervans who do not intend to pay for accommodation on each night of their travels (if at all).

 

One of the benefits of providing rest areas where people can stay overnight is that these people can be located in an area where facilities are provided which minimise potential impacts on the environment. While not everyone is going to use the facilities provided, having these people in areas where the facilities are available will encourage more environmentally friendly practices.

 

While there is no evidence to suggest that the matters raised are inherently related to all people staying overnight in rest areas, there is obvious potential for these issues to be exacerbated if not appropriately managed.

 

As such, it is considered that within the Ferry Street rest area, only self-contained RVs are to be permitted within the 5 designated spaces. This will exclude campervans which do not have their own bathroom and cooking facilities. In addition to this, upgraded signage will direct RV occupants to the closest dump point at the Macksville swimming pool and advise penalties for those that do not dispose of their waste appropriately.

 

In order to still facilitate campervans within the rest area, it is recommended to create campervan only spaces at the eastern end of the rest area adjacent to the toilet block. This will ensure the toilet block is located between the campervan and the river which will encourage these users to use the facilities provided.

People violate the no camping sign.

Camping should continue to be prohibited. Councils Rangers will increase patrols to enforce this requirement.

People use generators day and night which impacts residents. 

One of the submissions received raised this as an issue. However, discussions with other residents within Ferry Street made it clear that noise is not an issue experienced from the rest area. While there will always be isolated examples of people being inconsiderate of others; the general feedback received as part of the consultation period was that the majority of the rest area users were considerate and did not pose any adverse amenity issues.

To reinforce this, it is recommended that upgraded signage be installed which restricts the use of generators before 7am or after 7pm.

The Wiki Camps App which they are advertising that this is a campsite and dogs are allowed so the app is right and the signs are therefore wrong! Wiki Camps App developers should be pursued and charged with false advertising by Council and Councils Web site needs to be updated with more accurate information in regards to no go zones on all parks within the shire.

It is considered that with the implementation of the recommendations outlined later in this report and the increased enforcement of non-compliance,  that perceptions will change with regards to the Ferry Street rest area.
To assist, it is recommended that information be provided on Councils website with regards to the areas overnight stays are permissible, the restrictions of use and penalties for non-compliance.

 

Recommendations

 

It is considered that there is a need to provide overnight rest areas as there is evidently a demand for their provision given the historical issues associated with illegal camping along the NSW coast and within the Nambucca Shire. If such areas are not provided then there will be continual issues arising and Council resources drained as a result of people illegally camping in areas that result in conflicts with the community and the environment. The provision of rest areas that permit overnight stays assists in minimising these issues by providing a place for these people to stay overnight which is better equipped to accommodate them. This in turn has the potential to minimise resource drain and generate positive economic impacts when rest areas are located within close proximity to commercial areas.

 

Having regard to the above, it is not considered that the existing 5 allocated spaces in the Ferry Street rest area are sufficient to accommodate the demands of the number of vehicles which intend to stay in Macksville. This has resulted in congestion of all parking areas associated with Lions Park during busy periods which has impacted other users. In addition to this, the insufficient signage and the permissibility of campervans within the rest area has increased potential for environmental impacts through inappropriate discharge of waste and impacts on the amenity of surrounding residents.

 

As such, it is recommended to improve Councils current provision of traveller overnight rest areas in order to minimise potential for conflicts with other park users, surrounding residents and the environment by:

 

·           Providing additional areas for travellers to stay overnight to minimise potential congestion in the Ferry Street rest area.

·           Relocate vehicles which are not fully self-contained to areas where users have better access to toilet facilities.

·           Improve signage so that it is clearly identified where vehicles can park, what type of vehicles can park in the allocated spaces, and the restrictions applicable to using the rest area.

·           Provide information on Councils website with regards to the location of rest areas where overnight stays are permissible, the restrictions of use and penalties for non-compliance.

 

The following are the suggested locations and restrictions for rest areas within Macksville to achieve the above:

 

Ferry Street Lions Park

 

Below is an aerial photo of the suggested parking allocation.

 

 

It is recommended that:

 

a)   The existing 5 space allocation be retained; but be restricted to RVs which are fully self-contained (i.e. contain cooking, dining, sleeping and bathroom facilities where all wastes can be collected and disposed of at an approved location).

b)   An additional 4 spaces be provided at the front of the toilet block at the eastern end of the park for campervans to park in. This will ensure the toilet block is closer to the vehicles than the Nambucca River which will assist in minimising potential environmental impacts.

c)   Signage be upgraded to make clear:

i.    What type of vehicles can park in the allocated spaces.

ii.    That vehicles can only park in the allocated spaces for a maximum of 24 hours.

iii.   That cars and boat trailers are permitted to use the spaces at any time.

iv.   Provide advice on the location of the dump point at the swimming pool car park, location of caravan parks and other rest areas within Macksville, restrict the use of generators between 7pm and 7am, that all waste (including greywater) must be disposed of at approved locations and not on the ground, and the penalties for non-compliance with Council signage.

 

Swimming Pool Car Park

 

Below is an aerial photo of the suggested parking allocation. Potential additional parking could be provided, particularly for campervans against the grassed area surrounding the toilet block. This wasn’t included on the below plan to ensure there wouldn’t be any conflict with existing parking demand within the car park.

 

 

It is recommended that:

 

a)   The 5 space allocation be restricted to RVs which are fully self-contained (i.e. contain cooking, dining, sleeping and bathroom facilities where all wastes can be collected and disposed of at an approved location).

b)   Signage be provided to make clear:

i.     What type of vehicles can park in the allocated spaces.

ii.     That vehicles can only park in the allocated spaces for a maximum of 24 hours.

iii.    That cars are permitted to use the spaces at any time.

iv.    Provide advice on the location of the dump point within the car park, location of caravan parks and other rest areas within Macksville, that all waste (including greywater) must be disposed of at approved locations and not on the ground, and the penalties for non-compliance with Council signage.

 

West End of River Street

 

Below is an aerial photo of the suggested parking allocation.

 

 

It is recommended that:

 

a)   The 4 spaces be provided for campervans to park in. This location has an existing bin and toilet block within convenient proximity which will assist in minimising potential environmental impacts. It is also suitably separated from any residential development and will assist in the activation of Macksville’s commercial area.

 

b)   Signage be upgraded to make clear:

 

i.          What type of vehicles can park in the allocated spaces.

ii.          Existing signage restricting parking to vehicles under 6m in length and timed 1 hour parking restrictions between 8:30am-6pm (Mon-Fri) and 8:30am-12:30pm (Sat) to be retained.

iii.         Provide advice on the location of the dump point at the swimming pool car park, location of caravan parks and other rest areas within Macksville, prohibit the use of generators due to hazards posed by high traffic area, and the penalties for non-compliance with Council signage.

 

Princess Street Opposite Council Chambers

 

Below is an aerial photo of the suggested parking allocation. A minimum of 5 RVs will fit in this area.

 

 

It is recommended that:

 

a)   The allocated area be restricted to RVs which are fully self-contained (i.e. contain cooking, dining, sleeping and bathroom facilities where all wastes can be collected and disposed of at an approved location).

b)   Signage be provided to make clear:

i.          What type of vehicles can park in the allocated area.

ii.          That vehicles can only park in the allocated spaces for a maximum of 24 hours and are not permitted between the hours 8:30am-5pm (Mon-Fri).

iii.         That cars are permitted to use the spaces at any time.

iv.         Provide advice on the location of the dump point at the swimming pool car park, location of caravan parks and other rest areas within Macksville, restrict the use of generators between 7pm and 7am, that all waste (including greywater) must be disposed of at approved locations and not on the ground, and the penalties for non-compliance with Council signage.

 

 

CONSULTATION:

 

General Manager

Manager Technical Services

Ranger

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Addressed earlier in report.

 

Social

 

Addressed earlier in report.

 

Economic

 

Addressed earlier in report.

 

Risk

 

Addressed earlier in report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Signage costs will be approximately $2000.

 

Source of fund and any variance to working funds

 

There is sufficient money in the working fund to cater for the required signage.

 

Service level changes and resourcing/staff implications

 

Council’s Rangers will increase patrols to ensure the rest areas are being appropriately used. However, providing the additional areas should ease non-compliance issues which have created the conflicts with other users and the adjoining resident of the Ferry Street rest area.

 

 

Attachments:

1

11349/2018 - Consultation Letter

 

2

11350/2018 - Submissions

 

  


Ordinary Council Meeting - 12 April 2018

Overnight Camping and Parking at Lions Park, Ferry Street, North Macksville

 

 

 

Enquiries to:     Daniel Walsh

Our Ref:          PRF45

 

Description: 20150713155038_00001

 

1 February 2018

 

 

 

<<name and address>>

 

 

Dear Sir/Madam

 

REVIEW OF OVERNIGHT CAMPING - FERRY STREET, NORTH MACKSVILLE

 

At its meeting on 18 January 2018 Council made the following resolution:

 

That due to concerns raised in relation to the current camping arrangements at Ferry Street, North Macksville, a review be undertaken and that nearby residents; the Chamber of Commerce, businesses and Nambucca Valley Tourism Association be involved in the process.

 

As a result, Council staff are currently undertaking a review on the availability of rest areas within Macksville for travellers in motorhomes, campervans and caravans to stop overnight. The Ferry Street Lions Park is currently being used for this purpose. While there are potential economic benefits associated with providing such a rest area, the current use of the Ferry Street Lions Park has resulted in a number of conflicts with surrounding residents and park users.

 

You are invited to make a submission to Council regarding your thoughts on the use of the Ferry Street Lions Park by travellers for overnight stops.

 

The options available to Council are:

 

·    Make no changes the existing allocated rest area at the Ferry Street Lions Park.

·    Specify and limit the spaces which can be used for overnight stops.

·    Not allow travellers to stop overnight

 

If you believe there should be some opportunity for travellers to stop overnight it would be appreciated if you could nominate a number and suggest the spaces which they might use.  Anyone who wishes to make written representations to Council, may do so on or before 26 February 2018.

 

Submissions must be addressed to the General Manager, Nambucca Shire Council, PO Box 177, Macksville NSW 2447 or sent by email to council@nambucca.nsw.gov.au. The provision of a name, address and contact telephone number will enable Council to inform you about the progress and outcome of the matter. Please note that any submission may be incorporated in a Council business paper or otherwise publicly disclosed.

 

If you would like to discuss this matter further, please contact me on 65680259 or daniel.walsh@nambucca.nsw.gov.au.

 

Yours faithfully

 

 

Daniel Walsh

MANAGER DEVELOPMENT & ENVIRONMENT

 

 


Ordinary Council Meeting - 12 April 2018

Overnight Camping and Parking at Lions Park, Ferry Street, North Macksville

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                    12 April 2018

General Manager's Report

ITEM 9.13    DA2016/142      120418         Modification of Development Consent DA2016/142

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

Development consent DA2016/142 was granted by Council on 14 October 2016. The development consent permits the demolition of existing buildings on numbers 5 and 7 Adin Street, Scotts Head (Lots 13 & 14 Sec F DP 20823) and the construction of a retail premises (4 shops & a food & drink premises).

 

Condition 43 of the development consent requires a right of carriageway to be created which will ensure eventual compliance with the Nambucca Development Control Plan 2010 (DCP) with regards to vehicular access and the manoeuvring of vehicles on site. The provision of the right of carriageway was agreed to by the applicant and owner of the land as part of the development assessment process.

 

The land owner has lodged the subject modification application seeking to remove the requirement for the right of carriageway contained within condition 43. Their reasoning for this and the reporting officer’s opinion on their reasons is outlined within correspondence contained within attachment 5.

 

In short, the provision of loading/unloading areas should be provided on the development site as part of any commercial development where it is practical to do so; especially for uses such as a supermarket which requires bulk deliveries and is located in an increasingly busy area such as Adin Street. The development as approved was designed by the applicant to accommodate a semi-trailer to enter and exit the site in a forward direction once the right of carriageway is established. This would enable all deliveries to be unloaded at the rear of the supermarket and taken directly into the storeroom. However, the applicant seeks to remove the ability to do this, instead wanting to unload deliveries on Adin Street and manually transport them to the rear of the site to the store room. It is considered that this would result in unnecessary conflicts with vehicular and pedestrian traffic and increased liability risks for both the land owner and Council

 

The application has been assessed in accordance with the Environmental Planning and Assessment Act 1979 and subject to the recommendation, is considered to be consistent with all of the relevant matters for consideration.

 

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

 

Recommendation:

 

1        That Council as the consent authority, pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, modify development consent DA2016/142 subject to conditions contained within attachment 6.

 

2        That Council staff provide the applicant of development application DA2017/291 the opportunity to amend the proposed development by providing unloading areas wholly within the rear of the development site for service vehicles and provide access by an extension of the right of carriage required under DA2016/142 to facilitate the use by service vehicles associated with DA2016/142 and DA2017/291. If the application is not amended it is to be refused.

 

 


 

OPTIONS:

 

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

 

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

 

c)   Refuse the modification application.

 

DISCUSSION:

 

Background of Proposal

Development consent DA2016/142 was granted by Council on 14 October 2016. The development consent permits the demolition of existing buildings on numbers 5 and 7 Adin Street, Scotts Head (Lots 13 & 14 Sec F DP 20823) and the construction of a retail premises (4 shops & a food & drink premises).

After lodgement of the development application in 2016, Council sent the letter contained within attachment 1 to the applicant requesting information which demonstrated the proposals compliance with clause C2.7 of the Nambucca Development Control Plan 2010 (DCP). Clause C2.7 of the DCP requires all vehicles associated with the development to enter and exit in a forward direction and for adequate space on site for manoeuvring of heavy vehicles.

 

After discussions with the applicant and landowner it was outlined to the assessing officer that the existing supermarket in Scotts Head would be relocating to the proposed development, that the supermarket would need to be serviced by a semi-trailer, and the site did not have sufficient room to enable a semi-trailer to enter and exit in a forward direction. Acknowledging that the future redevelopment of adjoining lots will face the same issue; a compromise was reached by mutual agreement where Council would accept a variance to clause C2.7 of the DCP by permitting a semi-trailer to reverse into the site to unload temporarily during restricted hours to minimise traffic/pedestrian conflicts. This was subject to a right of carriageway being provided over the development site in favour of adjoining properties at 1 and 3 Adin Street (Lots 15 & 16). The intent of the right of carriageway was to enable the establishment of a laneway as part of future developments on those adjoining properties. This would then allow all service vehicles associated with the subject development, as well as those on the adjoining properties, to eventually be able to enter from Adin Street and exit onto Waratah Street in a forward movement. This variance to clause C2.7 of the DCP is considered to be demonstrating flexibility in the application of the DCP by enabling a reasonable alternate solution as required by section 4.15 (3A)(b) of the Environmental Planning and Assessment Act 1979.

 

The above resulted in the amended plans contained within attachment 2 being lodged which illustrated a reduction in building size to facilitate semi-trailer movements and reliance on the adjoining property (future laneway) for the semi-trailer to enter and exit in a forward direction. Please note that adjoining land was not relied on as part of the development consent due to the temporary arrangements of permitting vehicles to reverse into the site. Conditions 5 and 43 were then incorporated into the development consent which state:

 

5.      The loading and unloading bay must be available at all times for the loading and unloading of goods for the development. All loading and unloading is to take place within the curtilage of the premises.

 

Access to the site for deliveries is to be confined to between 7.00 am and 7.00 pm daily. Semi-trailer delivers are to be restricted to no more than 1 per week between 6-7am until through access is obtained which enables vehicles to enter and exit the subject land in a forward direction. In this regard, a sign clearly indicating the delivery times is to be displayed at the entry to the development.”

 

43.        Create covenants under section 88B of the Conveyancing Act 1919 and register them on the subject land incorporating the matters listed below. Nambucca Shire Council shall be nominated as the sole party with the power to vary or remove the required covenants.

 

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument

Details of Item

Drainage Easements

The creation of easements for drainage of water over all drainage pipelines and structures located within the proposed allotments in accordance with Council’s policy.

Sewer Easements

The creation of 3m wide easements for drainage of sewage over all sewage pipelines and structures located within the proposed allotments in accordance with Council’s policy.

Right of Carriageway

Provide a right of carriageway from the development entrance off Adin Street to the subject lands boundary with Lot 15 Sec F DP 20823. The right of carriageway is to benefit both lots within the subject land and Lots 15 & 16 Sec F DP 20823. 

 

The development consent has been modified twice since the original consent was granted. The first modification was on 15 March 2017 which was to modify the finished levels of the approved buildings and to enable the provision of a temporary pharmacy during the construction process. The second modification was on 8 December 2017 which was to add stairs and an awning to the front of one of the buildings.

 

Description of Modification Sought

The applicant has lodged the subject modification application seeking approval for the removal of the requirement within condition 43 for the creation of a right of carriageway.

 

A copy of the modification application has been included within attachment 3. Please note that the attachments provided as part of this modification relate to a current development application (DA2017/291) for shop top housing at 3 Adin Street, Scotts Head. DA2017/291 includes a proposed bottle shop which will also be serviced by a truck which cannot enter and exit in a forward direction. The only ability for both developments to have loading facilities on site and be serviced by vehicles from Adin Street in a forward direction is by creating the right of carriageway. Both parties have put forward case law which they believe backs their position that Council cannot lawfully implement a condition to require the right of carriageway as they do not believe that the right of carriageway relates to their development. However, this position is not supported as both developments are unable to comply with the access and unloading requirements of Councils DCP. In order to comply with Councils DCP, a right of carriageway has bee