NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

26 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 - 26 April 2018

 

 

2.30PM     INSPECTION – onsite at Boggy Creek Road – Valla Growth Area

                   2.00pm departure from Council’s Administration Centre

 

4.00PM     WORKSHOP – Asset Management Plans

 

4.30PM     WORKSHOP – Library Strategic Plan Interim Report

 

 

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  Reverend from the Anglican Church (Nambucca)

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 12 April 2018...................................................................................... 7

5        NOTICES OF MOTION  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Nambucca Shire Library Strategic Plan - Establishing a Preferred Direction....................... 31

9.2     T003/2018 Tender Submission - Construction Civil Works 13 Lot Subdivision Hyland Park.. 58

9.3     Outstanding Actions and Reports.................................................................................... 62

9.4     Request for consent to sublease of Shop 1, Riverside Drive, Nambucca Heads being part of Crown Reserve 85113 to Rintoul................................................................................................ 68

9.5     Review of Alcohol Free Zone at Visitor Information Centre and Surrounds Nambucca Heads 71

9.6     Deferred Developer Contribution Payments..................................................................... 74

9.7     LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation.......................... 85

9.8     Information Sign Deep Creek - Outstanding Actions....................................................... 137

9.9     Interim Draft Environmental Levy Budget 2018/19........................................................... 140

9.10   Development Applications greater than 12 months or where submissions received -  to 18 April 2018.................................................................................................................................... 147

9.11   Review of Council's Climate Change Policy.................................................................... 151

9.12   Community Wide Greenhouse Gas Profile Project.......................................................... 155

9.13   Council Ranger's Report March 2018.............................................................................. 158

10      Assistant General Manager Corporate Services Report

10.1   Schedule of Council Public Meetings 2018..................................................................... 160

11      Assistant General Manager Engineering Services Report

11.1   Reconciliation of the March 2017 Storm Event................................................................ 161

11.2   Asset Management Plans for Sealed Roads and Buildings............................................. 163

11.3   Waste Management Household Chemical Collections..................................................... 274    

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

12.1   T003/2018 Tender Submission - Construction Civil Works 13 Lot Subdivision Hyland Park

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 12 April 2018

The following document is the minutes of the Ordinary Council meeting held 12 April 2018.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 26  April 2018 and therefore subject to change.  Please refer to the minutes of 26 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)

Paul Gallagher (AGM Engineering Services)

Daniel Walsh (Manager Development and Environment)

Ms Teresa Boorer (Grants Officer)

Lorraine Hemsworth (Minute Secretary)

 

 

 

PRESENTATION:

 

Mayor, Cr Rhonda Hoban presented a photo and Certificate of Appreciation to Mr Garry Johnson OAM on his retirement as Chair from the Australia Day Committee and thanked him for his invaluable service to the community for the past 28 years.

 

 

DISCLOSURE OF INTEREST

 

General Manager, Michael Coulter, declared a non-pecuniary - significant conflict of interest in Item 9.14 Modification of Development Consent DA2015/010 – Scotts Head Food and Wine Festival under the Local Government Act as Michael Coulter is the Secretary of the Macksville-Scotts Head Surf Lifesaving Club and involved in organising the streets Surf Boat Carnival at Scotts Head on 8 and 9 December and there will be similar issues with overflow parking, particularly for surf boat trailers.  Michael Coulter left the meeting for this item.

 

General Manager, Michael Coulter, declared a non-pecuniary - significant conflict of interest in Item 9.15 Development Applications greater than 12 months or where submissions received to 4 April 2018 under the Local Government Act as Michael Coulter has a neighbour who is an objector to DA2017/272 for shop top housing at 7A Ocean Street Scotts Head and is a member of the same Macksville-Scotts Head Surf Life Saving Club patrol as Michael Coulter.  Michael Coulter left the meeting for this item.

 

General Manager, Michael Coulter, declared a non-pecuniary - significant conflict of interest in Item 10.2 Revised Plan of Management Adin Street Reserve Scotts Head under the Local Government Act as Michael Coulter is the Secretary of the Macksville-Scotts Head Surf Lifesaving Club and involved in organising events which from time to time may require use of the Adin Street Reserve for overflow parking. Michael Coulter left the meeting for this item.

 

Cr Janine Reed, declared a non-pecuniary – less significant conflict of interest in Item 10.2 Revised Plan of Management Adin Street Reserve Scotts Head under the Local Government Act as Cr Reed has a relation that owns a property in Adin Street, Scotts Head.

 

Cr Janine Reed, declared a non-pecuniary – less significant conflict of interest in Item 11.6 Macksville Hospital – Provision of Water and Sewerage Infrastructure under the Local Government Act as Cr Reed is a member of the Mid North Coast Local Health District for whom Health Infrastructure are seeking the provision of water and sewerage infrastructure.

 

 

 

General Manager, Michael Coulter, declared a pecuniary interest in Item 12.7 General Managers Annual Review and Performance Agreement under the Local Government Act as it concerns his employment.  Michael Coulter left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 March 2018

110/18  RESOLVED:       (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 15 March 2018 be confirmed.

 

 

 

MAYORAL MINUTE - CR Hoban - LATE

ITEM L.1      SF2433              120418      Mayoral Minute - Loss of General Practitioner (GP) and Associated Health Services in the Bowraville Community

111/18 RESOLVED:        (Hoban/Jones)

 

That Council make urgent representations to its State and Federal Members and the Rural Doctors’ Network and seek a meeting of local GP practices’ to discuss and identify the opportunities and impediments to securing a GP for Bowraville.

 

  

 

DELEGATIONS

112/18 RESOLVED:        (Ainsworth/Finlayson)

 

That the following delegations be heard and reports brought forward in the Business Paper:

 

9.12   Overnight Camping And Parking At Lions Park Ferry Street North Macksville

          i)        Mr Dave Banks

 

9.13   Modification of Development Consent DA2016/142

i)        Marlene Young

ii)       Jasper Young

iii)      Karen Forbes

 

9.14   Modification of Development Consent DA2045/010 – Scotts Head Food and Wine Festival

i)        Janet Court

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

i)        Janet Court

 

11.2   Flooding Impact on Browns Crossing Road following Pacific Highway Upgrade

i)        Keith Baldwin and Alison Nowland

 

 


 

DELEGATION:      Dave Banks           ITEM 9.12    Overnight Camping And Parking At Lions Park Ferry Street North Macksville with prepared notes being placed on file TRIM 6228/2018

 

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

MOTION:      (Smyth/Jones)

 

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 Council’s website with regard to the location of rest areas where overnight stays are permissible, the restrictions of use, and penalties for non-compliance.

 

Amendment:       (Reed/Ainsworth)

 

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 except that an additional two long spaces be dedicated to cars with boat trailers.

 

·           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 Council’s website with regard to the location of rest areas where overnight stays are permissible, the restrictions of use, and penalties for non-compliance.

 

The amendment was carried and became the motion.

 

 

113/18 Resolved:        (Reed/Ainsworth)

 

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 except that an additional two long spaces be dedicated to cars with boat trailers.

 

·        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 Council’s website with regard to the location of rest areas where overnight stays are permissible, the restrictions of use, and penalties for non-compliance.

 

114/18 Resolved:        (Ainsworth/Reed)

 

That Council investigate the possibility of overnight stays on the downside of the Macksville bridge (northern side) and at western end of Crosswinds Wetland Nature Reserve.

 

 

 

DELEGATIONS Continued – ITEM 9.13        Modification of Development Consent DA2016/142

Ms Marlene Young who also spoke on behalf of Mr Jasper Young (as Mr Young was not present) with prepared notes being placed on file TRIM 12690/2018;

 

Karen Forbes with prepared notes being placed on file TRIM 12751/2018.

 

115/18 Resolved:        (Ainsworth/Ballangarry)

 

That Ms Forbes be permitted to speak as a Delegation to the Council Meeting on the Modification of Development Consent DA2016/142.

 

 

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

MOTION:      (Finlayson/Ballangarry)

 

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.

 

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

                                      (Total 4)

 

Against the motion:         Councillor Ballangarry, Jenvey, Jones, Smyth, Wilson

                                      (Total 5)

 

The Motion was Lost.

 

 

116/18 Resolved:        (Jones/Reed)

 

That the modification be approved and that the Consent Conditions be modified as required to remove the requirement for a right of carriage way to 1 and 3 Adin Street, Scotts Head.

 

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

                                      (Total 8)

 

Against the motion:         Councillor Hoban

                                      (Total 1)

 

The Mayor requested that her vote be recorded against because of implications for traffic adjoining the development.

 

 

 

 

 


 

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

 

DELEGATIONS Continued - Janet Court     ITEM 9.14    Modification of Development Consent DA2015/010 – Scotts Head Food and Wine Festival with prepared notes being placed on file TRIM 12755/2018

 

 

ITEM 9.14    DA2015/010        120418      Modification of Development Consent DA2015/010 - Scotts Head Food and Wine Festival

MOTION: (Ainsworth/Jones)

 

1        That Council as the consent authority, pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, modify development consent DA2015/010 subject to conditions contained within attachment 4.

 

2        That Council permit the use of the Council reserve within Lot 3 DP 1202794 between the tennis courts and the bowling club for overflow parking by the community to ease congestion on roads and private car parks during local events and holiday periods.

 

3        The draft plan of management presented in Item 10.2 of this business paper be amended to reflect the use of Lot 3 DP 1202794 for overflow parking.

 

4        That Council research and develop an alternate car park strategy in the location of the Adin Street precinct.

 

Amendment:       (Hoban/Reed)

 

1        That Council as the consent authority, pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, modify development consent DA2015/010 subject to conditions contained within attachment 4.

 

2        That Council permit the use of the Council reserve within Lot 3 DP 1202794 between the tennis courts and the bowling club for overflow parking by the community to ease congestion on roads and private car parks during community events.

 

3        The draft plan of management presented in Item 10.2 of this business paper be amended to reflect the use of Lot 3 DP 1202794 for overflow parking.

 

4        That Council research and develop an alternate car park strategy in the location of the Adin Street precinct.

 

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

                                      (Total 4)

 

Against the motion:         Councillor Ballangarry, Finlayson, Jeney, Jones, Smyth

                                      (Total 5)

 

The amendment was Lost.

 

 

 

 

 

 

 

 

 

 

117/18 Resolved:        (Ainsworth/Jones)

 

1        That Council as the consent authority, pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, modify development consent DA2015/010 subject to conditions contained within attachment 4.

 

2        That Council permit the use of the Council reserve within Lot 3 DP 1202794 between the tennis courts and the bowling club for overflow parking by the community to ease congestion on roads and private car parks during local events and holiday periods.

 

3        The draft plan of management presented in Item 10.2 of this business paper be amended to reflect the use of Lot 3 DP 1202794 for overflow parking.

 

4        That Council research and develop an alternate car park strategy in the location of the Adin Street precinct.

 

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

                                      (Total 6)

 

Against the motion:         Councillor Finlayson, Jenvey, Smyth

                                      (Total 3)

 

 

 

DELEGATIONS Continued: Janet Court      ITEM 10.2 Revised Plan of Management Adin Street Reserve Scotts Head with prepared notes being placed on file TRIM 12755/2018

 

 

ITEM 10.2    PRF10                120418      Revised Plan of Management Adin Street Reserve Scotts Head

118/18 RESOLVED:        (Hoban/Ainsworth)

 

1        That Council endorse for public exhibition the revised draft Plan of Management for the Adin Street Reserve.

 

2        That Council give public notice of the revised draft Plan of Management for the Adin Street Reserve and invite submissions for a period of not less than 42 days.

 

3        That a report comes to Council with details of any submissions for the draft Plan of Management.

 

4        That Council consider an allocation of $2,500 to the Adin Street Reserve Committee of Management in the 2018/2019 Budget and request the Committee provide a list of any longer term planned works and estimated costings for consideration in future budgets.

 

General Manager, Mr Michael Coulter returned to the meeting at the completion of this item, the time being 7:21 PM.

 


 

 

DELEGATIONS Continued: Keith Baldwin   ITEM 11.2 Flooding Impact on Browns Crossing Road following Pacific Highway Upgrade with prepared notes being placed on file TRIM 12818/2018.

 

ITEM 11.2    SF1981              120418      Flooding Impact on Browns Crossing Road following Pacific Highway Upgrade

119/18 RESOLVED:        (Finlayson/Jenvey)

 

1        That Council advise the RMS that it will not commit to retaining the responsibility for the flood channel post highway construction and express concern that if the channel is not adequately maintained by the RMS, wattles and other natives will take over and cause potential infrastructure damage.

 

2        That Council makes representation to the Minister for Roads to fund a new bridge at the crossing to protect Council infrastructure from flood damage and allow residents flood free access emanating from the Pacific Highway upgrade.

 

 

 

Bring Forward Item 9.8, Item 9.9, Item L 9.22 and Item 9.10

120/18 Resolved:        (Reed/Ballangarry)

 

That the following Items be brought forward in the business paper as a staff member was present to answer questions on the reports:

 

Item 9.8       Regional Sports Infrastructure Fund - Applications to be submitted by 4 May 2018;

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

Item L 9.22   Alternative site for dump point and Recreational Vehicle (RV) Parking in Macksville - Grant Application Project; and

Item 9.10      Grant Application Status Report.

 

 

 

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

121/18 RESOLVED:        (Reed/Ballangarry)

 

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.

 

 


 

 

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

122/18 RESOLVED:        (Ainsworth/Wilson)

 

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.

 

 

 

ITEM 9.22    SF2437              120418      Alternative site for dump point and Recreational Vehicle (RV) Parking in Macksville - Grant Application Project

123/18 RESOLVED:        (Smyth/Jenvey)

 

That Council note the lodgement of a funding application for more recreational vehicle and car/caravan parking (incorporating a dump point) as a part of the Dawkins Park redevelopment in lieu of the Macksville Memorial Aquatic Centre car park.

 

 

 

ITEM 9.10    SF1120              120418      Grant Application Status Report

124/18 RESOLVED:        (Smyth/Reed)

 

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

 

 

Ms Teresa Boorer and Mr Daniel Walsh left the meeting, the time being 7.40 PM

 

 

7.41 pm – 8.20 pm - The meeting adjourned for Dinner.

 

 

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                120418      Outstanding Actions and Reports

125/18 RESOLVED:        (Wilson/Ainsworth)

 

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

 

 

 

ITEM 9.2      SF2329              120418      Provision of Murals in Nambucca Heads

126/18 Resolved:        (Hoban/Finlayson)

 

That Council thank the Nambucca Heads & Valla and Bowraville Chambers of Commerce for their expressions of interests and advise the Chambers that Council would be pleased to consider any specific project to an equivalent sum to improve the amenity of Nambucca Heads and Bowraville.

 

 

 

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

127/18 RESOLVED:        (Finlayson/Reed)

 

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, Cr Ainsworth, 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.

 

 

 

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

128/18 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 9.5      SF731                120418      Draft Nambucca Regional Economic Development Strategy 2022

129/18 RESOLVED:        (Reed/Ainsworth)

 

1        That following a workshop on this matter that Council advise Corview in the terms of the comments provided in this report and any comments which might arise from a workshop.

 

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.

 

 


 

 

ITEM 9.6      SF42                  120418      Status on the Establishment of Joint Organisations

130/18 RESOLVED:        (Finlayson/Wilson)

 

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.

 

 

 

ITEM 9.7      SF2354              120418      Local Government Performance Excellence Program

131/18 RESOLVED:        (Smyth/Reed)

 

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

 

 

 

ITEM 9.8 was dealt with earlier in the meeting.

 

 

ITEM 9.9 was dealt with earlier in the meeting.

 

 

ITEM 9.10 was dealt with earlier in the meeting.

 

 

ITEM 9.11    SF2460              120418      LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

132/18 RESOLVED:        (Finlayson/Ainsworth)

 

That the matter be held over until the next Council meeting.

 

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

                                      (Total 8)

 

Against the motion:         Councillor Jones

                                      (Total 1)

 

 

ITEM 9.12 was dealt with under delegations.

 

 

ITEM 9.13 was dealt with under delegations.

 

 

ITEM 9.14 was dealt with under delegations.

 

 


 

General Manager, Mr Michael Coulter left the meeting before the commencement of this item, the time being 8:47 PM

 

ITEM 9.15    SF2423              120418      Development Applications greater than 12 months or where submissions received -  to 4 April 2018

133/18 RESOLVED:        (Ainsworth/Finlayson)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 4 April 2018 be noted by Council.

 

 

General Manager, Mr Michael Coulter returned to the meeting at the completion of this item, the time being 8:48 PM

 

ITEM 9.16    SF2423              120418      2018 March - Approved Construction and Complying Development Certificates

134/18 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.17    SF2423              120418      2018 March - Development and Complying Development Applications Received

135/18 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 9.18    SF2422              120418      Minutes of the Nambucca Shire Council Access Committee meeting held 27 March 2018

136/18 RESOLVED:        (Smyth/Wilson)

 

1        That the Access Committee commence the first module of the on-line learning course for Inclusive Tourism at the meeting on 24 April 2018.

 

2        That the Manager Assets advise on the feasibility of changing the angle of slope on the access ramps along Liston Street to allow for the safe use by wheelchair users.

 

3        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 27 March 2018.

 

 

 

ITEM 9.19    SF1948              120418      Highway Service Centre - Visitor Servicing update

137/18 RESOLVED:        (Wilson/Ainsworth)

 

That the information following 6 months of operating the visitor information outlet at the Nambucca Heads Highway Service Centre, be noted. 

 

 

 

ITEM 9.20    SF2422              120418      Minutes of the Nambucca Shire Council Access Committee meeting held 27 February 2018

138/18 RESOLVED:        (Smyth/Jenvey)

 

1        That the access ramps at Village Lane and Whaites Street Nambucca Heads be assessed and programmed for replacement in future budgets as determined and recommended by the Manager Assets.

2        A discussion was held in relation to “Shared Zones” in the Shire.  The consensus was that these zones provide quality of access to locals and tourists and that the Access Committee would welcome feedback from staff as to the feasibility of having these in the Shire’s CBD’s.

3        That Jon Daley be endorsed by Council as a member of the Access Committee.

4        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 27 February 2018.

 

 

 

ITEM 9.21    SF2368              120418      Investment Report To 31 March 2018

139/18 RESOLVED:        (Wilson/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 March 2018 be noted.

 

 

 

Late ITEM 9.22 was dealt with earlier in the meeting.

 

 

 

General Manager Report - LATE

ITEM 9.23    SF2390              120418      Stronger Country Communities - Round 2 - Late Report Seeking a Change to the Community Infrastructure Projects

140/18 RESOLVED:        (Jenvey/Finlayson)

 

That Council replace the community infrastructure item, “Pathways and place-making in Macksville around Dawkins Park area – estimated cost $100,000” with “Revitalisation and Improvement Program – Local Main Streets – estimated cost $100,000”.

 

 

 


 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF25                  120418      Donations Program (Section 356) 2018/2019 - Applications for Approval for Waste Services

141/18 RESOLVED:        (Reed/Finlayson)

 

That Council:

 

1        Approves applications for a waste waiver from the charitable organisations of Nambucca Valley Christian Life Centre – Care n Wear Inc., Nambucca Valley Phoenix, Nambucca Heads Men’s Shed Inc., Macksville/Bowraville Uniting Church Op Shop – Bowraville and Macksville Anglican Parish – Anglican Church Op Shop, Macksville and Salvation Army Store - Macksville.

 

2        Approves applications for a waste waiver, and provision of services, for one-off events/regular events being: Lions Annual Fair at Valla Hall (Lions Club of Valla); Lions Australia Day event at Gordon Park (Lions Club of Nambucca Heads); bi-monthly markets and Carols at Valla Reserve (Valla Beach Community Association); Macksville Gift at Macksville Park (Macksville Athletics Club Inc.); 2019 Challenge Cup (Nambucca Strikers Football Club); Carols at Macksville Park (Salvation Army).

 

 

ITEM 10.2 was dealt with under delegations.

 

 

ITEM 10.3    SF338                120418      Tewinga Community Centre Committee of Management - Annual General Meeting - 17 March 2018

142/18 RESOLVED:        (Wilson/Ainsworth)

 

That Council endorse the minutes of the Tewinga Community Centre Committee of Management Annual General Meeting held on 17 March 2018 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.4    SF251                120418      Schedule of Council Public Meetings 2018

143/18 RESOLVED:        (Jenvey/Reed)

 

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

 

 

ITEM 10.5 was dealt with later in the meeting.

 

 

 


 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1676              120418      2017-18 Capital Works Program Monthly Report

144/18 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

2        That Council reallocate the funding of $19,500.00 from WO3058 E J Biffin light poles and the $12,500 placed into reserve for the light poles at Coronation Oval to undertake work at Scotts Head Tennis Club complex.

 

3        That Council note that a revote of funds will be required for the completion of WO3235 - Extension of Eungai Brigade Station  (RFS) which is forecast to be completed by mid-July.

 

4        That Council reallocate the funding of $134,960.00 remaining on WO3074 for Nambucca Boardwalk rehabilitation for use on the V-Wall footpath and lighting capital upgrade as part of WO2020 in the 2017/18 capital works program, as the Crown are yet to provide an appropriate licence to undertake the work on the boardwalks.

 

5        That Council note that it is forecast that a  revote of funds will be required for the completion of the March 2017 flood event for Gumma Road (WO3215) which is subject to RMS approval for the repair technique and Riverside Drive (WO3231) subject to geotechnical report and tender.

 

 

ITEM 11.2 was dealt with under delegations.

 

 

ITEM 11.3    SF2393              120418      Temporary Road Closure Application for Macksville ANZAC DAY Dawn Service and March 2018 and 2019

145/18 RESOLVED:        (Finlayson/Ballangarry)

 

1        That Council approve the road closures for ANZAC DAY marches in 2018 and 2019 for Macksville, noting the following has been received by Council:

 

·      Certificate of Currency for Public Liability Insurance

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

·      Police approval for the road closure.

 

2        That Council endorse the road closures for the ANZAC DAY marches to be held on ANZAC DAY 25 April 2018 and 2019 in Macksville as follows:

 

·      Dawn Service - Princess and River Streets between Mackay Street and Wallace Lane from 0515 to 0600 hours; then Princess Street, Wallace Street, Cooper Street and River Street from 1030 to 1130 hours.

 

3        That Macksville RSL branch must:

 

·      reapply if there are any changes to the approved application i.e. times or march route.

·      comply with the approved Traffic Management Plan and/or NSW Police instruction.

·      hold a current Certificate of Currency for Public Liability Insurance.

 

4        That Council advertise the road closures for Bowraville, Macksville and Nambucca Heads seven (7) days prior to ANZAC DAY March.

 

 

 

ITEM 11.4    PRF58                120418      Taylors Arm Sports Reserve Committee of Management

146/18 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council receive and note the information.

 

2        That Council note that there are 2 other issues relating to the Ranger services and fencing of the Taylors Arm Sports Reserve oval that were raised at the Council meeting held at the Burrapine Hall that are currently being addressed by staff.

 

 

 

ITEM 11.5    SF453                120418      Waste Management Services - Options Report for the Burrapine area

147/18 RESOLVED:        (Smyth/Finlayson)

 

1        That Council receive and note the information provided in the report.

 

2        That Council note that the waste collection contractor has undertaken a safety inspection along the proposed extension route past the Medlow Primary School and advised that they are unable to render a waste collection services in a safe manner attributed to the unsealed pavement, steep and narrow corners with poor sight distances.

 

3        That Council does not extend the domestic waste service beyond the current collection route at Medlow Primary School as the contractor is unable to render a waste collection service in a safe manner.

 

4        That Council offer a domestic waste management service to interested Burrapine residents subject to:

 

a)       The residents are prepared to transport the Coffs Coast Waste Service MGB’s to a nominated hard stand collection point near the Medlow Primary School on the existing route.

b)       That the MGB’s are not permanently left at the location and removed from the collection point once the service has been rendered.

c)       That there will be an increase in the service charge from $147 (tip access charge) to $543.00 should they elect to take up the offer of a domestic waste management

d)       This service does not incorporate a kerb side bulky goods collection.

e)        Rural residents have access to “one tipping voucher per year”. This allows residents to take up to 3 cubic metres (1 box trailer load) of bulky household waste to the Nambucca Waste Management Facility for free disposal.

 

 


 

ITEM 11.6    SF2456              120418      Macksville Hospital - Provision of Water and Sewerage Infrastructure

148/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council:

 

1        Seek Expressions of Interest from suitably qualified contractors for the design and construction of the recommended water and sewerage options for servicing the proposed new Macksville Hospital as detailed in the concept design report prepared by GHD and dated March 2018.

 

2        Make a submission to the Safe and Secure Water Program for funding of a design and construct contract for the installation of the required infrastructure.

 

 

 

ITEM 11.7    SF818                120418      Modification to Bowra Dam Operational Licence to allow capture of rainfall runoff during high rainfall events.

149/18 RESOLVED:        (Smyth/Finlayson)

 

That Council:

 

1        Request GHD to provide an updated fee offer for the documentation of an amended REF that satisfies the requirements of the Office of Environment and Heritage and incorporates the findings of the dam modelling report.

 

2        Provide delegated authority to the Assistant General Manager – Engineering Services to engage GHD to complete the revised REF subject to the fee offer being considered reasonable.

 

3        On completion of the REF make a further submission to DPI – Water seeking an amendment to the Bowra Dam operating licence to allow for the capture of rainfall runoff from rainfall events greater than 75mm.

 

 


 

 

ITEM 11.8    T012/2017           120418      Tender T012/2017 for the design and construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant

150/18 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council accept the tender submitted by Aquatec Maxcon for Tender T012/2017 for the design and construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant in accordance with the recommendations of the tender assessment report.

 

2        That Council endorse the tender evaluation as provided within the confidential report for T012/2017 – Design and construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant.

 

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

 

4        That Council make representation to the Member of Oxley seeking her support for reconsideration of additional grant funding consistent with 50% contribution to the project.

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

 

ITEM 11.9    T015/2017           120418      Tender T015/2017 Construction of Public Amenities at Valla Beach Reserve

151/18 RESOLVED:        (Reed/Finlayson)

 

1        That Council accept the tender submitted by Costa Builders Pty Ltd for T015/2017 – Construction of Public Amenities at Ocean Drive, Lions Park Valla Beach.

 

2        That Council endorse the tender evaluation as provided within the confidential report for      T015/2017 – Construction of Public Amenities at Ocean Drive, Lions Park Valla Beach.

 

3        Council allocate an additional $30,000.00 from working funds to cover the additional costs of sundries comprising of a new environmental sewer pump station, removal of absorption trench, project management, structural design and the higher than anticipated tender price.

 

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

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 


 

 

ITEM 11.10   T001/2018           120418      Tender T001/2018 Alterations and Additions at the Eungai Rail Fire Station

152/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council accept the tender submitted by Costa Builders Pty Ltd for T001/2018 – Alterations and Additions at the Eungai Rail Fire Station.

 

2        That Council endorse the tender evaluation as provided within the confidential report for      T001/2018 – Alterations and Additions at the Eungai Rail Fire Station.

 

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

 

4        That Council note that the works may not be finalised until the second week in July which potentially may require some funds to be revoted for the final payment of the contract.

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

    

 

Assistant General Manager Corporate Services Report - LATE

 

ITEM 10.5    SF25                  120418      Donations Program (Section 356) 2018/2019 - Application for Approval for Waste Services - E J Biffin Committee of Management

153/18 RESOLVED:        (Reed/Ainsworth)

 

That Council approves the application for provision of additional waste services for one-off events/regular events for E J Biffin Fields Committee of Management.

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

154/18 RESOLVED:        (Ainsworth/Ballangarry)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 


 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T012/2017           120418      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.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2432              120418      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.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF2432              120418      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.

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.4    SF1549              120418      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.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.5    SF2303              120418      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.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.6    PV6/2018           120418      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.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.7    SF839                120418      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.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.8    SF839                120418      General Managers 2017/18 Performance Review and 2018/19 Performance Agreement - attachments

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.

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.38 pm.

 

 

RESUME IN OPEN MEETING

155/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  9.57 pm.

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T012/2017           120418      Tender T012/2017 - Design and Construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant - Confidential Report

156/18 RESOLVED:        (Ainsworth/Reed)

 

1        That Council award the contract for Tender T012/2017 for the design and construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant to Aquatec Maxcon Pty Ltd.

 

2        That Council endorse the tender evaluation as provided in the confidential report for the      Tender T012/2017.

 

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

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2432              120418      Tender T015/2017 Construction of Public Amenities at Valla Beach Reserve - Confidential Report

157/18 RESOLVED:        (Ainsworth/Reed)

 

1        That Council accept the tender submitted by Costa Builders Pty Ltd for T015/2017 – Construction of Public Amenities at Ocean Drive, Lions Park Valla Beach for the Lump Sum Price of $162,504.00 (one hundred and sixty two thousand, five hundred and four dollars only) GST exclusive.

 

2        That Council update the Contract Register.

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

 


 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF2432              120418      Tender T001/2018 Alterations and Additions at the Eungai Rail Fire Station - Confidential Report

158/18 RESOLVED:        (Jenvey/Reed)

 

1        That Council accept the tender submitted by Costa Builders Pty Ltd for T001/2018 – Alterations and Additions at the Eungai Rail Fire Station for the Lump Sum Value of $190,735.00 (one hundred and ninety thousand, seven hundred and thirty five dollars only) GST exclusive.

 

2        That Council update the Contract Register.

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.4    SF1549              120418      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

159/18 RESOLVED:        (Finlayson/Ainsworth)

 

That the information concerning incidents pertaining to regulatory non-compliance, fines, penalties, prosecutions, potential major claims or loss of reputation be received.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.5    SF2303              120418      Review of the Capacity of the Finance Section

160/18 RESOLVED:        (Ainsworth/Finlayson)

 

There be a further report to Council on actions arising out of the report, “An Internal Review of the Capacity of the Finance Section to Meet Operational Requirements”.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.6    PV6/2018           120418      Recruitment Proposal from Blackadder Associates Pty Ltd for the Replacement of the Assistant General Manager Corporate Services

161/18 RESOLVED:        (Finlayson/Ainsworth)

 

That the information in closed report being the recruitment proposal from Blackadder Associates Pty Ltd be received (as per the recommendation in open meeting).

 

 

 

 

General Manager, Mr Michael Coulter left the meeting before the commencement of this item, the time being 9.48 PM.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.7    SF839                120418      General Manager Annual Review April 2017 to April 2018 and Determination of the General Manager's Performance Agreement for 2018/19

162/18 RESOLVED:        (Ainsworth/Jenvey)

 

1        That the report from the Performance Review Committee on the outcomes of the annual Review of the General Manager’s Performance Agreement April 2017 to April 2018 circulated in the Late Confidential Agenda be received and noted.

 

2        That the General Manager’s 2018/19 Performance Agreement circulated in the Late Confidential Agenda be endorsed.

 

3        That the minutes provide for the following Mayoral comment to be made in open Council.

 

“Council’s General Manager is employed under a Contract of Employment, which is in the standard format required by the Department of Premier and Cabinet. – Office of Local Government.

 

A requirement of that contract is for reviews to be undertaken of the General Managers performance.

 

Council appointed a Performance Review Committee to undertake these reviews – I am on that committee, together with all Councillors.

 

As required under the Departments Guidelines, members of the Performance Review Committee attended training in performance management prior to undertaking the General Managers review.

 

We undertook a detailed review of the General Managers performance for the 2017/18 financial year, based on his Performance Agreement with Council. That review was held on Monday 19 March 2018.

 

The outcome of that review was an overall rating of above satisfactory.

 

In accordance with Guidelines issued by the Department of Premier and Cabinet, the details of this review are to be reported to Council in Closed session, and all associated documents are to remain confidential.

 

On behalf of all Councillors, I wish to thank the General Manager for his efforts and support, which are very much valued by Council. It is not an easy job, and we appreciate the contributions he has made and the leadership he provides.”

 

 

General Manager, Mr Michael Coulter returned to the meeting at the completion of this item, the time being 9.57 PM.

 

 

 


 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.59 pm. 

 

Confirmed and signed by the Mayor on 26 April 2018.

 

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)

 

             


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager's Report

ITEM 9.1      SF2327            260418         Nambucca Shire Library Strategic Plan - Establishing a Preferred Direction

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development; Wes McQuillan, Senior Librarian         

 

Summary:

 

Council is preparing a Strategic Plan for Library Services which will pave the way for future delivery of Library Services.  Development of the Plan is progressing and we are now at the Stage of considering the various scenarios identified by the review, research and consultation phases.

 

Council’s Consultant, Ms Annie Talve of Project Sisu has concluded Stages 1 and 2 and has prepared an Interim Report for Council’s consideration.  Ms Talve will be delivering a workshop prior to the Council meeting to present the attached report and will be seeking your views. 

 

It is important to get input from Council at this stage so that development of actions can be targeted to your preferred way forward.  This ensures the best use of the Consultant’s time.

 

 

Recommendation:

 

That Council receive and note the Interim Report and establish a preferred position for the future delivery of Library Services.

 

 

OPTIONS:

 

The options which are relevant to this report are outlined in the attached document.

 

 

DISCUSSION:

 

Following extensive consultation and the community survey, the Consultant has identified 3 possible approaches for the future delivery of Library Services.  It is recognised that further discussion or community consultation will be needed and this can be undertaken when a preferred future direction is decided. Also, a series of actions will be developed to become the actual Plan which will be reported back to Council.

 

Scenario 1 Expansion (Page 12 of the Interim Report)

 

The emphasis of this report is the expansion and improvement of library services across Nambucca Heads, Macksville and Bowraville.

 

Scenario 2 Specialisation (Page 12 of the Interim Report)

 

This Scenario assumes an extension to Nambucca Heads Library and a re-conceptualisation of Macksville ie a fine-tuning of service delivery.

 

Scenario 3 Consolidation (Page 14 of the Interim Report)

 

This scenario involves expanding Nambucca Heads and selling or repurposing Macksville Library. 

 

There are common themes across all scenarios and these are outlined in the Report on Page 15.

 

 


 

CONSULTATION:

 

The Nambucca Shire Council Library Strategic Plan Committee has reviewed the document and whist it has not made a formal recommendation to Council, the consensus was in support of Scenario 1 “Expansion”.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental sustainability issues arising from this report.

 

Social

 

Libraries and related cultural activities are an essential part of a community’s social fabric. 

 

Economic

 

Whilst libraries and economic benefit may not have obvious connections, in a report prepared by J.L. Management Services Pty Ltd for the Library Council of New South Wales, research revealed that NSW public libraries generate at least $4.24 of economic value for each dollar expended and $2.82 of economic activity for each dollar expended.

 

Risk

 

Nothing specific identified.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is likely to be an impact on future budgets regardless of the approach Council takes for future Library Services.  For example increased staffing costs; increased running costs with a larger library. 

 

Source of fund and any variance to working funds

 

Nothing required at this stage.

 

Service level changes and resourcing/staff implications

 

This is at the very core of this exercise and the exact implications will be revealed as Council moves forward in its preferred direction.

 

Attachments:

1

11961/2018 - Library Strategic Plan - Interim Report for Council

 

  


Ordinary Council Meeting - 26 April 2018

Nambucca Shire Library Strategic Plan - Establishing a Preferred Direction

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager's Report

ITEM 9.2      SF2432            260418         T003/2018 Tender Submission - Construction Civil Works 13 Lot Subdivision Hyland Park

 

AUTHOR/ENQUIRIES:    Wayne Lowe, Manager Business Development; Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

In accordance with Council’s tendering and procurement procedures, the General Manager gave approval to proceed to tender under delegated authority.

 

The report pertaining to this matter is in closed meeting recommending acceptance of the tender from NorthPipe Constructions Pty Ltd for Tender T003/2018 – Civil Construction, 13 Lot Residential Subdivision Hyland Park. The report presented in confidential is necessary to enable a confidential attachment to be presented to Council with the pricing and tender evaluation.

 

Tenders closed 4 April 2018. Tender submissions were received from the following;

 

1        NorthPipe Constructions Pty Ltd

2        Burnett Civil Pty Ltd

3        Eire Constructions Pty Ltd

 

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

 

 

Recommendation:

 

1        That Council accept the tender submitted by NorthPipe Constructions Pty Ltd for T003/2018 – Civil Construction 13 Lot Residential Subdivision Hyland Park for the Lump Sum Price presented in the tender summary within the confidential report.

 

2        That Council endorse the tender evaluation as provided within the confidential report for T003/2018 – Civil Construction 13 Lot Residential Subdivision Hyland Park.

 

3        Council note that a revote of existing allocated funds in the 2017/18 budget will be required at 30 June 2018 as the project is proposed to commence week starting 14 May 2017 and projected to completion on the week of 20 August 2018 (weather permitting).

 

4        Council allocate an additional amount of $221,500.00 in the 2018/19 budget to finalise the contractor payments after all work inspections are completed 27 August 2018 (weather permitting).

 

5        That Council approve preparing the contracts for sale for 13 lots with Council seal attached.

 

6        That Council approve delegated authority for the General Manager, Mayor and Manager Business Development to gain best land price value for sale of each lot.

 

7        That Council update the Contract Register (TRIM: 31325/2016).

 

 

For the motion:               Councillors

                                      (Total )

 

Against the motion:         Councillors

                                      (Total )

 

OPTIONS:

 

1        Accept the recommendation.

 

2        Not accept the recommendation.

 

 

DISCUSSION:

 

The 2017/18 budget allocation allows for the development of the Hyland Park comprising of a 13 lot residential subdivision. Council should note that a revote of existing allocated funds within the 2017/18 is required as the project is proposed to commence week starting 14 May 2017 and projected to completion on the week of 20 August 2018.

 

Council will be required to allocate an additional $221,500.00 in the 2018/19 budget to finalise the project and contractor payments after all work inspections are completed 27 August 2018 weather permitting.

 

Costs incurred to date;

The approved budget expenditure for the design & project manage the subdivision is $60,527.50. Council may recall the resolution of Council to appoint JEDCIVIL to provide:

 

·           A detailed design and project management service for the 13 lot residential subdivision at Hyland Park

·           Prepare the documentation for contract administration and all work for submission of linen plan

 

STAGE 1 design, Preliminary lot, road and services layout, Erosion and sediment control plans, DA modification consent, full civil engineering, geotechnical testing, electrical and telecommunications, street lighting designs, civil drafting completed civil design and Final construction certificate.

 

STAGE 2 Preparation of tender documentation, pre tender estimates, award tender on Council approval, draft works program, manage construction commencement, Supervise civil works (2 inspections per week 10 weeks), issue instructions to contractors as required, make recommendations to council on contractor claims for payment, Scrutinise and validate any variations and make recommendations to council as appropriate, Manage request for information from contractors, Convene and run practical completion and maintenance inspections, manage defects period, issue rectification notice on defective works, manage project finalisation and release from maintenance period.

 

STAGE 3 undertake detailed survey for design and services location, undertake survey stake of front boundary for construction, undertake drafting of linen plan and sales plan for client review, prepare 88B for client solicitor, undertake survey drafting for final linen plan, boundary marking on completion of civil works, preparation and submission of linen plan and all compliance documents for subdivision certificate application, Cadastrial Survey (linen Plan).

 

All of the documentation including the tender specifications for the development approval and construction certificate has now been completed with the project management component remaining if council resolves to proceed with the civil construction of 13 Lot Hyland park residential subdivision.

 

The submissions for the tender were evaluated using the assessment criteria and weightings together with the evaluation summary detailing name, price and comments.  The evaluation is based on:

 

·           60% price scoring weighting.

 

·           40% non-price weighting.  The non-price weighting was made up of proposed programme and commitments (10%), local content (10%), evidence of experience similar works (15%) and WHS/Environmental Performance and Systems (5%) and was assessed on information requested and provided within the tender documentation.

 

It is to be noted that the tendered amount was very close between the three applicant tenders however Burnett Civil score was discounted in score due to non-conforming tender as Burnett Civil failed to deliver the project program by the tender closing date. As the tenders were close scoring in price the chair allowed Burnett Civil to submit their project program that was received by council staff dated 13 April 2018 for consideration.

 

Tenders closed on 4 April 2018.

 

The Tender Evaluation Panel consisted of Wayne Lowe (Manager Business Development and Chair), Matthew Leibrandt (Manager Infrastructure Services) and Keith Williams (Manager Technical Services).  The Panel debated Non Price weightings and agreed on figures presented on the table below:

 

 

NorthPipe Constructions

Pty Ltd

Burnett Civil Pty Ltd

Eire Constructions Pty Ltd

Price Scoring   60%

Weighted Price Score

59

60

54

Non Price Scoring  40%

10 %  Proposed Programme and Commitments

5

4

4

10%    Local Content

4.5

3.5

3.5

15%    Experience Similar Works

4.5

4.5

4

5%      WHS/Environmental Systems and Performance

4

4

4

Weight non price score

18

16

15.5

 

 

 

 

Total Non-Price Scoring (Normalised over the price)

41

37

35

Total Non-Price Scoring (Normalised over the price)

59

60

54

Total Weighted Normalised Score

100.00

97

89 

Apparent Order

1

2

3

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

Tender evaluation panel

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no environmental concerns as they have been addressed in the development application process.

 

Social

 

The report supports the social wellbeing and employment of the shire by providing housing land for future development

 

Economic

 

The report has no negative economic impacts.

 

Risk

 

The risk to council is that the property market may cool and projected sales prices are not achieved.

 

 

FINANCIAL IMPLICATIONS:

 

This report has no financial implications for council.

 

Direct and indirect impact on current and future budgets

 

This report has no direct impact on current or future budgets

 

Source of fund and any variance to working funds

 

Additional funds will be required to be allocated in the 2018/19 budget to finalise the project.

 

All land sales funds will be held in the land development fund for future allocation.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager's Report

ITEM 9.3      SF959              260418         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager; Paul Gallagher, Assistant General Manager - Engineering Services         

 

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

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

8

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.

 

9

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 to April 2018 due to workload.

 

14/04/18 – Draft policy to be provided to Councillors at the end of April for comment prior to a report being presented as per policy review procedures. Report to Council in June.

 

OCTOBER 2017

10

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

11

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.

 

12

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

13

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

14

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.

FEBRUARY 2018

15

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.

16

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.

17

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.

18

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.

 

18/04/18 – Budget is being developed by the Clean Energy Committee at a workshop on 2 May 2018 and a report to be presented to Council for 17 May.

19

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.

20

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.

 

18/04/18 – Deferred until draft Tourism Strategy is completed.

21

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.

 

18/04/18  Inspection organised for 3.00pm on site departing Council at 2.30pm

22

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.

 

18/04/18 - Council resolved to defer the report until 26 April 2018.

23

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

18/04/18- Report in June 2018.

24

SF2433

12/4/18

That urgent representations to State and Federal Members and the Rural Doctors’ Network and seek a meeting of local GP practices’ to discuss and identify the opportunities and impediments to securing a GP for Bowraville

 

GM

18/04/18- Meeting date not organised as yet with the Mayor, General Manager, State and Federal members.

25

PRF45

12/4/18

That Council investigate the possibility of overnight stays on the downside of the Macksville Bridge (northern side) and at western end of Crosswinds Wetland Nature Reserve.

 

GM

18/04/18 - Report being prepared for September 2018 meeting.

26

 

12/4/18

That Council research and develop an alternate car park strategy in the location of the Adin Street precinct.

 

GM

18/04/18- Report being prepared for September 2018 meeting.

27

PRF10

12/4/18

That Council consider an allocation of $2,500 to the Adin Street Reserve Committee of Management in the 2018/2019 Budget and request the Committee to provide a list of any longer term planned works and estimated costings for consideration in future budgets.

 

GM

18/04/18- an allocation of $2,500 has been Included in 2018/19 Draft Budget for Council’s consideration. Letter to be sent to the Adin Street Reserve Committee of Management seeking a list of any longer term planned works and estimated costings.

 

28

SF1981

12/4/18

That Council makes representation to the Minister for Road to fund a new bridge at Browns Crossing to protect Council Infrastructure from flood damage and allow residents flood free access emanating from the Pacific Highway upgrade.

 

AGMES

16/4/18 – Letter sent Friday 13 April 2018

29

SF2329

12/4/18

That Council consider any specific project for provision of Murals in Nambucca Heads and Bowraville to improve the amenity

 

GM

18/04/18 - letter sent 20/04/18 to Chambers advising of Council’s resolution.

30

SF2354

12/4/18

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

 

GM

18/4/18 – Report to Council meeting 26/4/2018

31

SF2456

12/4/18

Submission to Safe and Secure Water Program for funding of a design and construct contract for the installation of the required infrastructure.

 

AGMES

18/04/18 - Submission to be drafted for funding.

32

T012/2017

12/4/18

That Council make representation to the Member of Oxley seeking her support for reconsideration of additional grant funding consistent with 50% contribution of the project.

 

AGMES

18/04/18 Letter sent 20/04/18.

33

SF2303

12/4/18

That a further report to Council on actions arising out of the Review of the Capacity of the Finance Section report, “An Internal Review of the Capacity of the Finance Section to meet operational requirements.

 

GM

18/04/18 - Awaiting appointment of new AGMCS.

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager's Report

ITEM 9.4      SF764              260418         Request for consent to sublease of Shop 1, Riverside Drive, Nambucca Heads being part of Crown Reserve 85113 to Rintoul

 

AUTHOR/ENQUIRIES:    Wayne Lowe, Manager Business Development; Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

Council is the reserve trust Manager for Crown Reserve 85113. Part of the reserve is leased to the Nambucca Heads RSL and Ex-servicemen Club Limited holder of the Head Lease until 7 November 2021.

 

The Lessee has requested consent to a Sub Lease.

 

Consent has been given for two sub leases (one for the Kiosk and one for the Boat Shed).

 

The proposed Sub Lessors are the incumbent Lessors under the Lease soon to expire and the terms of the proposed sub lease are largely identical to those of the expiring Lease.

 

Council has no grounds, nor foreseeable reason to withhold consent.

 

Council has no options to extend the time of the Lease past the existing Head Lease dated 7 November 2021 due to Crown Land reform being implanted in July 2018.

 

Council is not in a position to offer a Lease greater than 3 years commencing 28 November 2018 and terminating 7 November 2021 due to the Crown Land Reform process being implemented on July 2018.

 

Crown Land Reform process is expected to be implanted 1 July 2018 from that date Nambucca Shire Council will become to consent authority. It is expected after Nambucca Shire Council becomes the consent authority the sub lease holders will be seeking options to extend the Lease holding to 5 years with option of 5 years.

 

 

Recommendation:

 

1        That Council in its capacity as Reserve Trust Manager 85113 endorse the proposed sub lease of 1/866932 and 2/866932 PART, being part of Reserve 85113 for Public Recreation notified 20 November 1964 and known as Shop 1 (The Boat Shed Beachcomber) to Tracey Lee Rintoul and Robert Steward Rintoul for a period of less than 3 years commencing 27 November 2018 to align with the other 2 existing Leases not exceeding past the Head Lease 7 November 2021 on Reserve 85113.

 

2        That Council authorise the General Manager and the Mayor to execute and affix Council’s seal on the sub lease of 1/866932 PART, being part of Reserve 85113 for Public Recreation notified 20 November 1964 and known as Shop 1 (The Beachcomber Boat Shed) to Tracey Lee Rintoul and Robert Steward Rintoul for a period not exceeding the Head Lease terminating 7 November 2021 with no option.

 

OPTIONS:

 

Clause 8 of the Lease to Nambucca Heads RSL and Ex-servicemen Club Limited makes provision for the sub leasing. Clause 8.2 precludes the Lessor from withholding consent if particular conditions are met.  In this instance all conditions have been met and therefore there is no option.

 

 


 

DISCUSSION:

 

Council is Reserve Trust Manager for Crown Reserve 85113. Part of the Reserve has been leased to the Nambucca Heads RSL and Ex-servicemen Club Limited until 7 November 2021.

 

In turn the Nambucca Heads RSL and Ex-servicemen Club Limited has sublet the demised areas known as Shop 1 (The Beachcomber Boat Shed) and Shop 2 (Kiosk).

 

Tracey Lee Rintoul and Robert Steward Rintoul are the sub lessees of Shop 1 which terminates after a 5 year period on 27 November 2018.

 

Mr and Ms Rintoul have sought a new Lease which has been granted by the Nambucca Heads RSL and Ex-servicemen Club Limited however due to the pending Crown Land Reform process this Lease will only be permitted to align with the 2 other existing Leases that expire in 2021. The proposed new Lease commences 28 November 2018 and terminates 7 November 2021 not exceeding the Head Lease.

 

Clause 8 of the Head Lease to Nambucca Heads RSL and Ex-servicemen Club Limited provides that the Lessee may only sublet all or part of the demised land with the written consent of the Lessor and the Department of Lands.

 

Clause 8.2 of the Head Lease provides that the Lessor may not withhold consent if the following provisions have been observed by the Lessee:

 

a)       Lessee is not in default

 

I am unaware of the Lessee being in default of any lease provision s as at 13 April 2018. In particular all rent is and has been paid on time.

 

b)       Lessee is Respectable and Responsible

 

The Sub Lessee is respectable and responsible. Attached is a letter from the Nambucca Heads RSL accepting to renew the Lessee Lease until 7 November 2021 vouching as to the integrity of the proposed Lessor.

 

Council has no grounds, nor foreseeable reason to withhold consent to the Sub Lease. It is recommended that Council in its capacity as Trust Manager endorse the Lease as requested.

 

 

CONSULTATION:

 

Department of industry, Lands, Grafton

Nambucca Heads RSL Club Board

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendations do not give rise to any environmental issues

 

Social

 

The report has no negative social implications. Arguably the provision of boat hire provides a positive social aspect to the recreational facilities on the Nambucca River.

 


 

Economic

 

The recommendations do not give rise to any economic issues

 

Risk

 

The recommendations do not present any further risk to Council

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

This report has a direct impact on current and future budgets

 

Source of fund and any variance to working funds

 

No funds or variances required.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager's Report

ITEM 9.5      SF97                260418         Review of Alcohol Free Zone at Visitor Information Centre and Surrounds Nambucca Heads

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The Alcohol Free Zone (AFZ) in and around the Visitor Information Centre (VIC) at Nambucca Heads concludes on 1 June 2018. Whilst there are no provisions to simply extend the life of the Zone, it could be re-established following a review if the outcome was that the AFZ is still necessary.

 

This report is to advise Council that a review of the AFZ has been conducted, and the conclusion is that the Zone continues to achieve its aim and has improved the community’s perception of safety in this area.

 

It is proposed that the Alcohol Free Zone be re-established with the existing boundary, for the maximum period being 4 years.

 

 

Recommendation:

 

That Council establishes an Alcohol Free Zone under Section 644 of the Local Government Act in the area surrounding the Nambucca Valley Visitor Information Centre described as follows; Riverside Drive west of its intersection with Woodbell Street to Giinagay Way; the Giinagay Way Underpass at Bellwood Creek; west and then south-west of the Visitor Information Centre through the foreshore road reserves known as Quota and Brotherhood Parks.

 

 

OPTIONS:

 

1          Re-establish the Alcohol Free Zone with the current boundary

2          Re-establish the Alcohol Free Zone with a different boundary

3          Not re-establish the Zone

 

DISCUSSION:

 

In brief, an Alcohol Free Zone is a designated area in which the consumption of alcohol is prohibited 7 days a week, 24 hours a day.  If you are observed drinking in the AFZ you may be warned and/or have the liquor tipped out. AFZs apply to public roads, footpaths, car parks and are enforced by the Police. They are established under Section 644 to 644C of the Local Government Act 1993.

 

In 2010 Council first established an AFZ in and around the Visitor Information Centre in Nambucca Heads following substantial community support.  The AFZ was reviewed and re-established in 2014.  As AFZs can be established for only 4 years the Zone will conclude 1 June 2018.

 

There are no provisions for Council to just extend an AFZ, however it could be re-established following a review of the Zone’s impact on the community. To assess this, Council should consider the effectiveness of the Zone in reducing unacceptable street drinking and anti-social behaviour, and in improving community safety. Following that, Council may re-establish the Zone as it currently stands, establish a Zone with a new boundary or not re-establish the Zone at all.

 

This report supports re-establishment of the current AFZ with an extension to its boundary. 

 

Whilst AFZs are designed to be a short-term solution to street drinking, there is evidence to support the re-establishment of this AFZ based on community feedback, although its success is difficult to show statistically. A direction by Police for someone to cease drinking in the AFZ would not usually be recorded in the Police statistics, as the intention of the AFZ is to discourage street drinking whilst taking a minimum of Police resources. Therefore it could be argued that the success of an AFZ may be measured by the lack of statistics.

 

 

CONSULTATION:

 

During a period of community consultation which closed 16 April 2018, Council received no objections to re-establishing the Zone.  Importantly the tenants of the Visitor Information Centre (Lifetime Connect Incorporated) and the NSW Police have strongly supported its re-establishment as a deterrent to anti-social behaviour. 

 

Conclusions:

 

1        There is community and Police evidence that the existing AFZ has worked and should be re-established for a period of 4 years from June 2018.

 

2        The Zone should be re-established with current boundaries.  The neighbouring Bellwood Park is already “alcohol prohibited” under different Local Government Act provisions. 

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Considerations for the environment are reduced littering and broken glass.

 

Social

 

Improved amenity and perception of safety.

 

Economic

 

One of the aims of an AFZ for this area is an improved town social environment where people will feel comfortable using footpaths and parks and conducting business.

 

Risk

 

There may be reduced exposure for Council as a result of anti-social and violent behaviour.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A small amount of funds are needed to cover changing the dates on existing signs which can be met by existing budgets. 

 

Source of fund and any variance to working funds

 

Nothing required.

 

Service level changes and resourcing/staff implications

 

Nothing identified.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager's Report

ITEM 9.6      DA1998/020      260418         Deferred Developer Contribution Payments

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

Two separate written applications have been received from the developers of development consents DA1998/020 and DA2017/263 for consideration to be given to the deferment of developer contributions under Council’s ‘Payment of Developer Contributions Policy’.

 

This report provides an outline of the two requests made with regards to the above Council policy and a recommendation.

 

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 enter into a Deed of Agreement with Mr Robert Yandell (RRP Properties Pty Ltd) for deferral of developer contributions to be paid on settlement of each subdivided lot with Council’s interest in the payment of such contributions being “secured” by a deed of agreement for a maximum of 21 lots associated with development consent DA1998/020.

 

2        That Council’s seal be attached to the Deed of Agreement between Council and RRP Properties Pty Ltd as required.

 

3        That Council not enter into a Deed of Agreement with Mr David Catchpole for deferral of developer contributions associated with development consent DA2017/263.

 

OPTIONS:

 

1    Approved or refuse both applications for deferred payment of developer contributions as proposed.

2    Approve one or both applications subject to conditional amendments.

 

 

DISCUSSION:

 

Council has received two requests for consideration to be given to the deferment of developer contributions payable as part of two separate developments under Councils ‘Payment of Developer Contributions Policy’.

 

The first request has come from Mr Robert Yandell who is currently developing 21 residential lots at Lot 135 DP 1039015 – Forest Road, Nambucca Heads as part of development consent DA1998/020. A copy of the request and approved plan has been included within attachment 1.

 

The second request is from Mr David Catchpole who has recently received approval for a 5 lot subdivision of Lot 11 DP 1225830 – 501 Old Coast Road, North Macksville as part of development consent DA2017/263. A copy of the request and approved plan has been included within attachment 2.

 

Council’s current policy states the following:

 

“Council will consider entering into a deed of agreement with a developer whereby it is agreed that contributions will be paid on the sale (settlement) of each subdivided lot with Council's interest in the payment of such contributions being "secured" by a caveat on each title. The deed of agreement is to contain a schedule listing the contributions to be paid on the settlement of each lot.

 

This deferral of payments arrangement is restricted to:

1. Residential subdivision only

2. Not more than 15 lots for development consents issued after 16 February 2012 (which are paying full Section 64 water and sewerage developer contributions)

3. Not more than 30 lots for development consents issued before 16 February 2012 (which are paying "grandfathered" water and sewerage contributions)

4. A term of 5 years in which to sell the lots.

 

This option for deferral of payments is not "as of right".

 

As this deferral option does not provide Council with financial security for the required contributions, the elected Council will make a determination as to a developer's suitability.

 

In assessing a developer's suitability for such an arrangement, the Council will undertake a risk assessment and consider:

 

a. The developer's record in undertaking similar subdivisions in the Nambucca Valley;

b. The developer's liquidity;

c. The relevant market conditions at the time; that is interest rates, sales of vacant land, other investment occurring in the LGA etc;

d. Any evidence of pre-sales;

e. Whether or not the developer is agreeable to Council securing all of part of the debt by way of a registered mortgage.

f. Any other matter relevant to assessing the financial risk to Council.

 

Both requests are assessed in accordance Council’s policy as follows:

 

DA1998/020

 

Mr Robert Yandell has requested consideration be given to the deferment of the time for payment of contributions until the settlement of the sale of each lot to third parties or within 2 years whichever first occurs. He has proposed that Council’s interests be secured by way of a Deed of Agreement and the lodgement of caveats on each lot preventing transfers unless and until payment has been made. Under the current fees and charges for 2017/18, the total contributions which are requested to be deferred are $345,268.50.

 

Having regard to Councils assessment criteria, Mr Yandell has provided the following:

 

a)   The subject subdivision is owned by a specific purpose vehicle the directors of which have done no other subdivision in your Shire but collectively have many years’ experience in land development in NSW.

Comment: While the developer has not undertaken similar subdivisions within the Nambucca Valley, the General Manager has confirmed that he has undertaken similar developments within the Port Macquarie Shire and found him to be a reputable person.

 

b)   The assets of the company are cash funds injected of $250,000 and the land of which the subdivision forms part of was recently valued at $850,000 for mortgage purposes less the development funding borrowed to construct the subdivision.

Comment: This is the only information provided to demonstrate liquidity.

 

c)   Currently the subdivision seems to be the largest supply of building lots in the town area of Nambucca close to all facilities being a long standing undeveloped parcel with an approval to subdivide.

Comment: There is another approved subdivision within Sunbird Drive, Nambucca Heads which contains a residue lot which has approval to be subdivided into 33 lots. While the majority of the physical works for the release of the 33 lots have been undertaken; the development has sat dormant for a number of years. While there are other subdivision approvals within Nambucca Heads with more lots than the subject development; none of these developments have commenced to the extent that any lots would be released in the near future.

 

Data from realestate.com.au indicates that the median sales price for houses in Nambucca Heads in the last year was $385,250 based on 116 home sales. Compared to the same period five years ago, the median house sales price for houses increased 45.4% which equates to a compound annual growth rate of 7.8%. It was also suggested that there is an average demand from people looking to buy houses in Nambucca Heads.

 

d)   At the time of writing we have secured two pre-sales.

Comment: While no documentary evidence has been received validating the stated presales, Council staff have fielded a number of enquiries regarding the proposed allotments.

 

e)   As the land is mortgaged in an amount of $2,070,000 to secure construction funding a mortgage in favour of the Council is not presently available.

Comment: By permitting a deferral of payment of contributions, Councils only security is by way of a deed of agreement and caveat.  A caveat is a form of statutory injunction provided for under the Real Property Act.  When a Caveat form is lodged with Land and Property Information (LPI) it effectively prevents the registration of any dealing. The caveat effectively prevents the developer from transferring the land without making arrangements for the payment of contributions and at which time the Council releases the caveat.

 

However the caveat, whilst providing a bar to registration, is not in itself financial security for the deferred contributions.  In the event that the developer was to become insolvent then those entities holding mortgages would be able to sell the lots with Council being an unsecured creditor.  Council has to carefully assess such risk against the benefit of allowing the deferred payment arrangement.

 

In saying that, securing all of part of the debt by way of a registered mortgage has not impacted previous decisions to permit others to enter into a deferred contributions payment policy.

 

f)    The deferral allows the 21 lots to be registered as single residential lots for rating purposes from that date thus generating valuable rating income and increasing the value of the security offered to your Council.

Comment: Registering the 21 lots will increase rates income from the land. The increase in income would be determined once the lots are valued.

 

Recommendation: The works associated with the proposed development are nearing completion, with the ability to lodge and obtain a subdivision certificate imminent. The intent of the deferred contributions policy was to minimise holding costs for developers in an attempt to facilitate and encourage development of this nature and size within the shire.

 

Although the developer has not satisfied all of the specified criteria, his request is considered to have merit given the increased housing supply the development will provide Nambucca Heads, the future 23 lots remaining to be released post registration of the proposed 21 lots, the experience the developer has in undertaking developments of this nature, and that a reduced period of two years for the payment of all deferred contributions has been offered by the developer.

 

As such, it is recommended that Council support the request for deferment of contribution payments for a period of 2 years.

 


 

DA2017/263

 

Mr David Catchpole has requested consideration be given to the deferment of contributions payable for the approved five lot subdivision. He has stated that he intends to release two of the lots and does not envisage any problems with being able to finance remaining contributions post the sale of the first lot. Under the current fees and charges for 2017/18, the total contributions payable for one lot is $6,486.70 and $25,946.00 for the release of all lots.

 

Having regard to Council’s assessment criteria, the following is noted:

 

a. The developer's record in undertaking similar subdivisions in the Nambucca Valley;

Comment: The developer has no history of undertaking such developments.

 

b. The developer's liquidity;

Comment: Limited detail provided.

 

c. The relevant market conditions at the time; that is interest rates, sales of vacant land, other investment occurring in the LGA etc;

Comment: As outlined earlier in this report, market conditions are considered to be suitable for approving deferred contributions in accordance with Councils policy.

 

d. Any evidence of pre-sales;

Comment: No pre-sales have been obtained.

 

e. Whether or not the developer is agreeable to Council securing all of part of the debt by way of a registered mortgage.

Comment: No information provided by the applicant.

 

f. Any other matter relevant to assessing the financial risk to Council.

Comment: No information provided by the applicant.

 

Recommendation: The developer does not satisfy the majority of the criteria set by Council’s policy. In addition to this, the size of the proposed development and the amount of contributions owing hardly makes it a worthwhile exercise to create the Deed of Agreements and caveats on the land; especially if the deferral of contributions was granted for only one of the lots.

 

Having regard to the above, it is not considered to be appropriate to permit the deferral of developer contributions in this case as there is limited reward for the risk taken by Council and would set a precedent for the high number of small scale developments undertaken within the shire. It is to be noted that not only is there risk associated with deferring payment of developer contributions, there are also administration costs associated with the establishment of agreements and monitoring of sales.

 

As such, it is recommended that Council not support the request for deferment of contribution payments.

 

 

CONSULTATION:

 

General Manager

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No impact.

 

 

Social

 

No impact.

 

Economic

 

Indicated in the report.

 

Risk

 

The risk implications are indicated in the report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary impacts subject to contributions being recovered.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The implementation of deferred contribution agreements not only presents increased risk to Council, but results in an increased drain on staff time to implement and monitor the agreements. In this regard, the number of deferred contribution payment arrangements Council approves should be minimised.

 

Attachments:

1

13395/2018 - Attachment 1

 

2

13394/2018 - Attachment 2

 

  


Ordinary Council Meeting - 26 April 2018

Deferred Developer Contribution Payments

 


 


 


 


Ordinary Council Meeting - 26 April 2018

Deferred Developer Contribution Payments

 


 


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager

ITEM 9.7      SF2460            260418         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:

 

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

2    Modify the recommended amendments to the LEP and DCP.

3    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 - 26 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 - 26 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 - 26 April 2018

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

 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 26 April 2018

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

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 26 April 2018

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

 


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager's Report

ITEM 9.8      SF1204            260418         Information Sign Deep Creek - Outstanding Actions

 

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

 

Summary:

 

The purpose of this report is to respond to a Council resolution to install interpretive information in respect to Deep Creek, Valla Beach.

 

 

Recommendation:

 

1        That Council allocate $13,500 from the Environmental Levy Reserve for the installation of a shelter, seating and interpretive information at the Valla Beach Road car park at South Valla Beach;

 

2        In the 2018/19 financial year two (2) smaller information boards will be placed in the reserve at the bottom of Thompson Street and at or near the Valla footbridge near the Lions Reserve.

 

 

OPTIONS:

 

Council allocate $5000 from the Environmental Levy reserve to install a stand alone interpretive information board at the Valla Beach Road car park at South Valla Beach.

 

 

DISCUSSION:

 

In February Council resolved to provide interpretive information in respect to Deep Creek Valla Beach. The purpose of this report is to address this information. 

 

Discussion

 

In respect to location it is recommended that Council place the main information board at or near the entrance to Deep Creek being the end of Valla Beach Road. This location has been selected as it is it a well used space close to an amenities with existing seating.

 

It is also recommended that sign be positioned as part of a new shelter in the area. Often standalone signs can look intrusive and can be more prone to vandalism.

 

Associated costs with this proposal area:

 

Shelter Quote

$  5,140

Shelter erection

$  1,500

Concrete Slab

$  2,000

Recycled Timber/ Rock Table & Seating

$     500

Timber to support sign

$  1,500

Actual signage 1 large double sided information board (2200mm x1130mm

$  1,500 + $600 for design

TOTAL:

$12,740

 

 


 

Indicative Imagery

 

    

 

In respect to the content of the sign it will include:

 

-     General Information in respect to ICOLLs/ coastal processes;

-     Site Specific attributes of Deep Creek

-     Local Biodiversity;

-     Cultural stories/ places (with assistance from NLALC)

 

The management of Deep Creek is administered through a Council Policy which may change subject review. For this reason it is proposed to highlight the general management objectives but not specific trigger protocols as these may change with a review of Councils policy.

 

In this regard the information board will provide links to content available on the internet including Councils Website and current policy and state government websites such as the following:

         

-     Link to DPI information on ICOLLs - https://www.dpi.nsw.gov.au/fishing/habitat/aquatic-habitats/wetland/coastal-wetlands/management-of-coastal-lakes-and-lagoons-in-nsw

 

-     Link to OEH you tube video - https://www.youtube.com/watch?v=SdKlbiTht94

 

Additional Information

 

In the 2018/19 financial year two (2) smaller information boards will be placed in the reserve at the bottom of Thompson St and at or near the Valla footbridge near the Lions Reserve.

 

 

CONSULTATION:

 

Staff have consulted with Office of Environment and Heritage, NPWS, NSW DPI (Fisheries) and the Nambucca Local Aboriginal Lands Council (NLALC) in respect to content and aspects of the sign. Staff are still waiting on responses from some of these organisations.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed structure will have limited direct impact on the local environment. Indirectly it will contribute to the communities knowledge and understanding of the processes associated with Deep Creek and its management.

 

Social

 

As well as providing information to the public it will also provide a shaded space with seating.

 


 

Economic

 

Council may choose to fund the project through the environmental levy.

 

Risk

 

The communities view on Deep Creek management when in a closed state varies from ‘do nothing’ to ‘open immediately’. There is some risk that sign will be vandalised due to personal view on the management of Deep Creek.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The interpretive information will require a budget allocation to implement

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Limited

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager's Report

ITEM 9.9      SF688              260418         Interim Draft Environmental Levy Budget 2018/19

 

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

 

Summary:

 

The purpose of this report is to provide Council with the draft Environmental Levy Budget 2018/19. The draft budget is to be publicly exhibited and forwarded to relevant committees for comment/suggestions.

 

 

Recommendation:

 

That Council note the draft budget proposed for the Environmental Levy for 2018/19 financial year.

 

 

OPTIONS:

 

Nil

 

 

DISCUSSION:

 

Each year Council exhibits the proposed Environmental Levy Budget and the requests the community and relevant committees comment on the draft budget and also suggest potential projects for implementation. The following information is to be exhibited with the draft budget:

 

The first Environmental Levy for Nambucca Shire was approved for a two year period covering the budgets of 2003 - 2005. IPART has since approved the Environmental Levy as permanent component of Council’s income. Increasing annually since its commencement the income from the Environmental Levy is presently $413,000.

 

Since its inception the Environmental Levy has contributed to a significant number of important initiatives that could not have been supported through general funds.  These initiatives have spanned a number of core themes contributing to both environmental and social wellbeing.  Examples of some core studies and plans completed over the last decade include:

 

·      Nambucca River Estuary Study and Management Plans;

·      Nambucca River, Warrell Creek and Deep Creek Flood Program;

·      Nambucca Coastal Zone Management Plan;

·      Vegetation and Koala Habitat Mapping; and

·      Nambucca River Masterplan

 

The direction provided by these studies and plans are now being implemented through the environmental levy and other grant programs. In 2017/18 the program is contributing to a broad range of projects including:

 

·      The Ecohealth Monitoring Program to establish creek and river health;

·      Restoration and Revegetation of Council Reserves;

·      Investigations and Management of Dawkins Park;

·      Planning and Design for Street Tree Installations in Macksville CBD;

·      Bank stabilisation and Riparian Revegetation projects;

·      Flying-fox Management Plan preparation for Gordon Park;

·      Investigations to support sustainability initiatives across the shire;

 

Information on many of the completed and progressing environmental projects can be found on Council’s website.

 

Council is committed to leveraging the income from the Environmental Levy revenue through various State and Federal Government agencies in the form of grant funding. Council has used the Environmental Levy funding to attract $ for $ funds to support projects. Between the 2014/15 to 2017/18 period the environmental Levy has been successful at acquiring subsidies to support the program in excess of $800,000. 

 

It is important to note that many of the projects undertaken with funds from the Environmental Levy span multiple years. Also, the Environmental Levy may also only form part of a financial contribution to a project as funds may be contributed from the General Budget or Section 94 funds.

 

Council has resolved to seek annually community comment on the Environmental Levy program and identify potential future projects. In this respect the proposed Environmental Levy budget for 2018/19 is attached.

 

It should be noted that the majority of the projects listed in the attachment have the potential to be leveraged through grant funding and Council will pursue these opportunities as appropriate. Some of the allocations are self-explanatory. A brief description of other projects is provided as follows:

 

Water Quality and River Health Monitoring - $10,000

This is an annual allocation that is used to support as needed water quality monitoring. In the past it has contributed to water quality monitoring at Deep Creek during closed conditions, Dawkins Park, Stormwater outlets at public locations and other similar areas indications of environmental issues; suspect on site sewerage management systems as an example. It is typically used to guide management of environmental issues. $10,000 has been allocated this year which will incorporate monitoring at Gumma Swamp where Council recently completed works to assist in the management of and Acid Sulphate Soils in the area.

 

Myna Bird Eradication – $ 4,000

The Indian Myna Bird Program has been ongoing for several years. The project is being coordinated by Nambucca Valley Landcare and volunteer coordinators, who supply traps to individuals. The allocation this year has been increased to $4000 to provide additional resources for the program.

 

Control of Noxious Weeds – $66,200

This supports Councils Coordinator of Green Spaces to ensure that Council is meeting our legislative obligations in respect to weeds in the shire.  Community engagement, education and training, monitoring evaluation; high risk species identification and management typically addressed through this budget.

 

Servicing Dog Bin Bags – $1,000

This allowance supports the provision and servicing of dog bags at many of our beaches and reserves.

 

Riverbank Erosion Program – $13,000

Council has been progressing with a number of Riverbank erosion projects in various parts of the Nambucca River and other areas.  This year the program contributed to works at Stuart Island and Deep Creek. The image below shows some mangrove recruitment at a site in Wirrimbi.

 

Description: Description: C:\Users\grantn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Word\IMG_1618.jpg

 

Heritage Program – $6,000

For the past four (4) years Council has successfully implemented a heritage program. In 2017/18 period Council was successful a gaining supporting funding for a two (2) year program ($6000 each year).  An allocation has been made for this financial year to match allocations made by the State Government.

 

Dawkins Park Reserve (Macksville) – $16,000

This budget supports the implementation water quality improvements, fauna management actions and other initiatives at Dawkins Park. Council significantly progressed with investigations and works on site are imminent. Staff are presently awaiting the result of a grant applications made to support the implementation of the Water Sensitive Urban Design treatments in the pond.

 

This year’s budget will support water quality monitoring and IBIS Management in the reserve. It will also contribute to the delivery of interpretive information in park that addresses local biodiversity water quality and other environmental attributes of the area.  A full copy of the plan is available at Council offices.

 

 

Environmental Management Fund - $ 5,000

This fund assists in the implementation of all levy projects and associated sundry expenses. It provides for specialist assistance as necessary, permit costs and approval fees, heritage search fees and similar activities.

 

Restoration and Rehabilitation Fund - $20,000

This is an allowance to continue with Council’s program of revegetation of parts of Council reserves. This has been a successful program implemented by Council’s Engineering Department and results in increased habitat and wildlife refuges for fauna traversing the urban landscape.  It also reduces management and maintenance cost and has a number of other environmental benefits.  During 2017/18 period this fund has contributed to the purchase and planting of approximately 100 mature native trees and 3500 mid/ lower stratum species within our reserve system.

 

                                                     

 

Climate Change Adaptation Projects – $50,000

This allocation will support the implementation of Councils Climate Risk Adaptation Strategy – follow this link to the full document:

 

http://www.nambucca.nsw.gov.au/cp_themes/default/page.asp?p=DOC-MJR-73-67-48

 

It is intended to investigate the feasibility of a number of projects such as installation of solar panels on Council buildings. Councils Clean Energy Committee is tasked with providing recommendations to Council in respect to the implementation of actions related to this fund. This year the funds will be used to support the installation of solar panels on at least one Council building among other things. It is expected that Council will seek external grant funding to leverage this budget.

 

Camphor Laurel Management and Riparian Improvements at Bowraville - $20,000

Council commenced some management activities adjoining Hennessy Tape Reserve at Bowraville. This funding will be used to support this program, particularly the management of the riparian area and the Camphor Laurels along the Creek.

 

Coastal Management Plan Actions - $65,000

Council has applied for funding to address a number of actions in our coastal reserve which would be supported by this fund. These include:

 

-       Coastal Reserves Management (three (3) year program). Management of Council Coastal reserves has been supported by the Clean Energy Fund for the last 4 years. This funding is now complete and additional funding is required to provide ongoing support to the program which will also support the Scotts Head Crown Reserve where Council is presently managing the only endangered population in the shire. 

 

-       The Nambucca River Masterplan Cultural Way – Council has applied for funding to the prepare the detail for Cultural Way from Bellwood to the V-wall. This supports an action in the Nambucca River Masterplan and will provide places of interest along the foreshore to share stories, history and the environment of the Nambucca River in a contemporary and creative manner.

 

-       Other funding available in this program will be used to support applications for grant funding or projects identified in the available plans and strategies.

Gordon Park Flying Fox Management Plan - $10,000

This funding will be used to support actions in the Gordon Park Flying Fox Management Plan.

 

Biodiversity Conservation Act (Biobanking Asessment of Council Reserves) - $30,000

The project will involve an overview of Council’s owned and managed natural reserve system as they relate to the Biodiversity Conservation Act. The project will assess the feasibility and priority of each Council reserve as potential stewardship sites under the NSW legislation.

 

At the completion of the feasibility assessment it is anticipated the budget will allow for up to two (2) Biodiversity Stewardship Site Assessment Reports (BSSAR) for selected Council reserves. The aim of this program is to assist Council with future management of our reserve system. 

 

Smart Farm Grant – Upper Buckrabendinni - $10,000

The draft Ecohealth reporting identified some water quality issues in the Upper Buckrabendinni locality. With the support of Council, Nambucca Valley Landcare has applied for over $400,000 over four years to address the area. This project will investigate and implement actions in the area if successful.

 

Environmental Trust - Connecting Coastal Habitats Mt Yarrahapinni to Warrell Creek - $10,000

Macleay Valley LandCare partnering with Nambucca Valley Landcare, Kempsey Council and Nambucca Council targeted grant funds to establish improved connectivity to Mt Yarrahapinni near Scotts Head. Council has committed funds to the program to support improvements in the Council Managed Reserve at Warrell Creek. This area provides known habitat for threatened species and endangered ecological communities and forms part of an important landscape link to natural reserve systems. 

 

Implementation of Flood Risk Management Plan (Flood Planning Maps For Rural Areas) - $10,000

Council has applied for a grant under the OEH Flood Management Program to support this project. The project will use simple surface modelling to create mapping of flood prone areas not included in our existing flood models. This information will be used to support flood planning decisions for private and public works. It will also assist in agricultural land management and emergency management activities.

 

 

CONSULTATION:

 

The draft budget will be:

 

-       exhibited for public comment;

-       forwarded to the Clean Energy Committee for Comment;

-       forwarded to the Nambucca Rivers Creeks Estuaries and Coastline Management Committee for Comment

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environmental levy contributes to projects with positive environmental/ social outcomes. 

 

Social

 

The environmental levy contributes to projects with positive environmental/ social outcomes. 

 

Economic

 

Many of the environmental levy projects and programs result in positive economic outcomes.

 

Risk

 

Nil. The program is being exhibited and referred for comment at this time. There will be future opportunities to amend the program prior to adoption.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The purpose of this report is to gain input into the Environmental Levy budget.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

13638/2018 - Draft Environmental Levy Budget 2018-2019

 

  


Ordinary Council Meeting - 26 April 2018

Interim Draft Environmental Levy Budget 2018/19

 

Draft Environmental Levy Budget 2018-2019

 


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager's Report

ITEM 9.10    SF2423            260418         Development Applications greater than 12 months or where submissions received -  to 18 April 2018

 

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

 

Summary:

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

 

In accordance with Minute 848/08 from Council’s meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority.  Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 18 April 2018 be noted by Council.

 

 

 

TABLE 1: UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

 

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

 

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

 

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/179

3 August 2017

Telecommunications Facility (Mobile Phone Tower)

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

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

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

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

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

·           No evidence that the local community will benefit from it

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

·           In Acid Sulphate Soils Class 2 area

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

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

·           More suitable sites should be investigated

·           Could be bad for people’s health

·           Properties will be devalued

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

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

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

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

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

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

·           Exact location of tower not clear from information provided

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

·           Too much vegetation will need to be cleared.

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

·           A visual montage should be provided by the applicant

·           Council should conduct a site visit

·           Causing stress and anxiety in the local community

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

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

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

·           Appears to be a cost savings exercise by Optus

·           Area is of significance to the Gumbaynggirr people

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

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

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

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

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

STATUS: Revised plans to be lodged by the end of April – to be re-advertised/re-notified for 21 days and then reported to Council for determination.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/272

30 November 2017

Shop Top Housing

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

Thirty-nine submissions have been received – they oppose the proposal

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

·           Design is out of character with Scotts Head village and will adversely impact the visual amenity of Ocean Street streetscape.

·           Access arrangements are dangerous, particularly during summer months when traffic (vehicle and pedestrian) is intensified

·           No credits for publicly provided parking should be available to the developer. All parking should be provided onsite.

·           The revised plans fail to deal with the substance of the original objections in any material respect. Privacy not addressed, parking no safer for vehicles or pedestrians, visual amenity, scale and mass are still not suitable and miniscule size of commercial space means that it really isn’t mixed use.

·           The revised plans still contain many details that show non-compliance with the DCP. Applicant should revise these plans to achieve DCP compliance.

STATUS: Modified plans have been submitted by applicant and have been re-notified to adjoining owners and those who made submissions. To be reported to Council.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/291

22 December 2017

Shop Top Housing

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

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

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

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

·           Rear lane will provide increased security risk

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

STATUS: Being assessed – additional information required from applicant. Issues regarding right of carriageway to be reported to Council 12 April 2018

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/217 - modification

7 March 2018

Moveable Dwelling – modification to carport, front fence and deck

Lot 1 DP 1126093, Short Street, Scotts Head

One submission has been received – it opposes the proposed modification

·           Exact distance of edge of proposed roof to neighbouring boundary not supplied. It should be supplied in writing and also be not closer than 900mm

·           Confirmation in writing wanted that there will be no issues with stormwater runoff.

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/036

1 March 2018

24 Lot Residential Subdivision

Lots 75 & 192 DP 755550, 295 Wirrimbi Road, Newee Creek

One submission has been received – it objects to the proposal

·           Traffic safety will be adversely impacted due to the speed limit of 100kph – speed limit should be lowered to 80 or 70 kph.

·           100 year flood impact line should be shown on the lot layout.

STATUS: Being assessed – owner’s consent (Crown Road) required, flood assessment, on-site effluent disposal report, non-compliance with clause 4.1B (split zone), amended site plan with correct lot numbering and additional fees to be lodged. RFS requires additional information.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/043

5 March 2018

Shed

Lot 15 DP 253386, 45 Bellingen Road, Bowraville

One submission has been received – it objects to the proposal

·           Doesn’t comply with zone objectives – “minimising impacts on .. scenic quality”; doesn’t comply with DCP Section A1.6 – minimising negative impacts on adjoining properties, ensure development responds to character and qualities of surrounding environment; Inadequate SEE lodged; and no site analysis. Would cause loss of rural views from adjoining property. Should be refused or have shed relocated to other side of the property.

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/053

16 March 2018

Dwelling Additions

Lot 3 Section B DP 17707, 22 Matthew Street, Scotts Head

Twelve submissions have been received. All object to the proposal

·           Applicant should not be allowed to vary 6.5 metre LEP/DCP Height of Buildings control – would set a precedent and would result in view loss.

·           Overshadowing and loss of privacy will be experienced by adjoining owner.

·           Council’s planning documents should be reviewed to ensure they are clear.

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/051

15 March 2018

Dual Occupancy

Lot 2 DP 948816, 40 High Street, Bowraville

Two submissions have been received. They both object to part of the proposal

·           The parking area is too close to a bedroom on the adjoining property. Concerns are raised about noise, pollution and damage to property as there is no boundary fence.

STATUS: Being assessed

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/056

22 March 2018

4 Lot Subdivision

Lot 121 DP 564261, 61-63 Valla Beach Road, Valla Beach

Two submissions have been received – they both have concerns with the proposal

·           Some trees should be retained. Natural environment needs to be considered.

·           Two dual occupancies (duplexes) would provide an outcome instead of four individual dwellings.

·           Consent should be conditioned so that pre-development stormwater runoff levels are maintained.

·           Access to stormwater pipes and pits should not occur from neighbouring properties.

STATUS: Being assessed

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager's Report

ITEM 9.11    SF1031            260418         Review of Council's Climate Change Policy

 

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

 

Summary:

 

Following completion and adoption of Council’s Floodplain Management Study and Plan, Council’s draft Climate Change policy has been amended. As Council’s Estuary Committee and Clean Energy Committee have an interest and expertise in matters covered by the draft policy, it is recommended that it be reported to the next meeting of each of these Committees so that any comments and/or recommendations by them can be discussed by Council and incorporated into the Policy, if applicable, prior to it being placed on public exhibition.

 

 

Recommendation:

 

1        That Council note that the draft Climate Change Policy is to be reported to the Estuary Committee and the Clean Energy Committee in May for their consideration and comments.

 

2        That Council note that the draft Climate Change Policy will be reported back to Council following this consultation to enable the required 28 day public exhibition.

 

 

OPTIONS:

 

Council may wish to discuss the draft Policy and make changes at this meeting, however as the Policy is to be reported to Council again following consultation with the Estuary and Clean Energy Committees, it is considered that all changes be made at that future Council meeting.

 

Council may choose to not refer the policy to the Estuary and Clean Energy Committees.

 

 

DISCUSSION:

 

In 2011 adoption of Council’s Policy for Climate Change Adaption was deferred to allow amendments to be made to the draft policy which would incorporate findings from the Floodplain Management Study and Plan. The draft policy is attached.

 

These amendments have now been incorporated by Council staff, who have also examined Climate Change Policies by other Mid North Coast councils.

 

It is considered that consultation with both the Estuary and Clean Energy Committees will provide Council with helpful advice, due to the interest and expertise of the members of those committees.

 

 

CONSULTATION:

 

Coordinator Strategic Planning and Natural Resources

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This will be undertaken when the draft Climate Change Policy is reported to Council following consultation with the Clean Energy and Estuary Committees.

 


 

Social

 

This will be undertaken when the draft Climate Change Policy is reported to Council following consultation with the Clean Energy and Estuary Committees.

 

Economic

 

This will be undertaken when the draft Climate Change Policy is reported to Council following consultation with the Clean Energy and Estuary Committees.

 

Risk

 

This will be undertaken when the draft Climate Change Policy is reported to Council following consultation with the Clean Energy and Estuary Committees.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Not applicable

 

Source of fund and any variance to working funds

 

Not applicable

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

1

10100/2018 - DRAFT Policy - Climate Change

 

  


Ordinary Council Meeting - 26 April 2018

Review of Council's Climate Change Policy

 

 

 

Description: nambucca valley nsc

 

 

 

NAMBUCCA SHIRE COUNCIL

CLIMATE CHANGE POLICY

 

 

 

Function:  Development and Environment

 

 

Adopted

Last reviewed

 

1.0     Policy Principles

 

Council acknowledges:

a        the reality of climate change and its predicted impact on the Nambucca Shire,

b        that it should respond in a timely and strategic way to the current and predicted impacts of climate change on the Nambucca Shire,

c        that climate change benchmarks that measure or estimate its future effects are not static but will change over time,

d        that it needs to be both aware of these benchmarks and be applying them wherever relevant,

e        the efforts made by the human community to reduce its contribution to climate change and the need to promote these efforts,

f        that climate change mitigation and management of impacts are a mutual and shared obligation of all levels of government,

g        that local government has a key role to play in climate change mitigation and the management of climate change impacts, particularly through its statutory responsibilities and regulatory powers relating to land use planning, environmental planning, environmental protection and natural resource management. Council also has a vital role to play in supporting community climate action through leading by example, education and encouraging behaviour change,

h        that consideration of climate change and its potential impacts be incorporated into Council’s operations, whilst appropriate mitigation and adaptation actions must be integrated into all strategic and operational management activities

i         that Council will need to work with other Councils and government agencies on climate change mitigation and adaptation, and

j         that the long-term objectives of the NSW State Government are to achieve net-zero emissions by 2050 in NSW and to make NSW more resilient to a changing climate (Climate Change Policy Framework for NSW, 2016, State of NSW and Office of Environment and Heritage)

 

2.0     Policy objectives

 

Council is committed to:

a        leading the response to climate change challenges in the Nambucca Shire,

b        introducing strategies that mitigate and reduce Council’s contribution to climate change,

c        introducing strategies that mitigate and reduce the community’s contribution to climate change,

d        introducing strategies to adapt Council activities and responsibilities to unavoidable impacts of climate change,

e        developing resilience to the effects of climate change within both Council and the community,

f        assisting the Nambucca Shire community to adapt to the effects and impacts of climate change, and

g        planning for sustainability in response to climate change,

 

3.0       Definitions

 

Climate Change: A change in the average pattern of weather over a long period of time. Greenhouse gases play an important role in determining climate and causing climate change.

Mitigation: Actions that can be taken to reduce the degree of climate change that may occur.

Adaptation: Actions that can be taken to prepare for the already unavoidable impacts of climate change.

Emissions: The release of greenhouse gases and/or their precursors into the atmosphere over a specified area and period of time.

Greenhouse Gases: Those gaseous constituents of the atmosphere, both natural and those caused by humans, that absorb and re-emit infrared radiation.

 

4.0     Policy statement

 

In meeting the challenges of climate change, Council will:

a        implement the actions relating to the Nambucca Shire contained within the “Climate Change Adaptation Strategy for Nambucca, Bellingen and Kempsey” (Climate Risk Pty Ltd),

b        adopt greenhouse gas emission reduction and renewable energy targets by December 2018,

c        ensure decisions are consistent with any applicable benchmarks, whether from the IPCC (Intergovernmental Panel on Climate Change) or otherwise, as adopted by Council or State or Federal Governments from time to time,

d        encourage all sectors of the Nambucca Shire community to adapt to the unavoidable impacts of climate change, to reduce greenhouse gas emissions and to develop local solutions to climate change,

e        regularly review its climate change plans, strategies and benchmarks to ensure they remain current as the science of climate change develops,

f        where appropriate, take into account the effects of climate change when assessing private or public activities or works, and

g        resource climate change initiatives and seek external assistance where available,

 

With regard to flood planning and assessment, Council has adopted sea level rise benchmarks for 2050 and 2100, of 40cm (increase above 1990 mean sea levels) and 90cm (increase above 1990 mean sea levels), respectively.

 

5.0     History and Governance

 

In 2010 Council adopted a Climate Change Risk Assessment (Climate Risk Pty Ltd) and ‘Climate Change Adaptation Strategy for Nambucca Bellingen and Kempsey’ (Climate Risk Pty Ltd). To accompany these reports Council resolved to prepare a Climate Change Policy.

 

One of the key findings of the above reporting was that in order to maintain Council’s indemnity against climate change related litigation Council must incorporate relevant government benchmarks into decision making.

 

For this reason this policy has been prepared to ensure that advice and planning decisions made by Council take into consideration any current or future benchmarks adopted by the NSW or Federal Governments.


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager's Report

ITEM 9.12    SF2469            260418         Community Wide Greenhouse Gas Profile Project

 

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

 

Summary:

 

Council received an invitation to lodge an Expression of Interest to participate in a Community Greenhouse Gas Emissions Profile Pilot Project on 9 March 2018. A report was unable to be prepared for Council prior to the closing date of 30 March 2018 due to Council only having one meeting in March. An EOI was lodged and OEH notified Council that it was successful in early April. The project will provide Council with a Community Greenhouse Gas Emissions profile that complies with international standards. This will assist Council with State of the Environment and Cities Power Partnership reporting requirements.

 

 

Recommendation:

 

That Council note the inclusion of Nambucca Shire Council in the NSW Office of Environment and Heritage’s Community Emissions Profile Pilot Project with the required funding of $2,500 to come from funds remaining in the State of the Environment Report allocation from the Environmental Levy.

 

 

OPTIONS:

 

Council may choose not to participate in the Emissions Project.

 

DISCUSSION:

 

On 9 March, Council received an invitation from the Office of Environment & Heritage to lodge an Expression of Interest to participate in a Local Government Emissions Baseline Project. They provided Council with the following information.

 

Project Objectives

 

The Local Government Emissions Baseline Pilot project aims to develop a Global Protocol for Community-Scale Greenhouse Gas Emission Inventories (GPC) compliant community emissions profile for a selection of Councils in regional NSW and provide them with the tools and knowledge necessary to repeat this on an annual basis.  The profile provides the necessary foundation and baseline that helps each Council to work towards setting or updating greenhouse gas emissions reduction targets, engaging specific sectors in actions to reduce emissions and developing a plan to reduce emissions.

 

EOI Overview

 

Through the Regional Sustainability Innovation Program (funded under the Climate Change Fund), OEH is looking to partner with Local Councils in regional NSW (outside of Greater Sydney) to establish baseline data of community-wide carbon emissions.  This EOI aims to identify between 6 and 12 Councils that are interested in participating in this project.

 

Project Methodology

 

OEH have identified Ironbark Consultancy as a leader in establishing community-wide emission profiles.  Having developed 32 GPC-compliant profiles for Council in Australia, Ironbark are ideally placed to deliver this project.  As such, OEH will engage Ironbark Consultancy to carry-out the following:

 

·      identify and source relevant data sets from participating Councils

·      calculate profiles for each Council

·      compile emissions profile reports for each Council

·      prepare a tailored community greenhouse gas emissions profile tool

·      submit documents to Councils and

·      provide a training workshop to Councils.

 

Project Deliverables

 

Upon completion of the project, the following documents will be submitted to each council:

 

·      a Community Greenhouse Gas Emissions Profile Report containing all the information, references, activity data, assumptions, inputs, charts, emission factors and other relevant data (PDF format)

·      a GPC-compliant Community Emissions Profile ready to be uploaded onto the Carbonn Climate Registry (cCR) reporting platform or inputted directly into cCR using relevant offline reporting tools (such as CIRIS, the City Inventory Reporting and Information System) at Council’s discretion

·      an Activity Data spreadsheet with all the emissions activity data and sources (excel format)

·      independent verification by ICLEI Oceania to provide Councils with the confidence of a review by an independent body

·      registration to the Carbonn reporting platform by ICLEI Oceania, which provides additional reporting benefits and access to solutions from participating cities and

·      a Community Greenhouse Gas Emissions Profile Tool that has been tailored specific to the councils in regional NSW.  This will enable Councils to repeat the process in future year and

·      a training workshop to be held in Sydney (together with webinar access for remote participants) to take Councils through the detail of the emissions profile process.

 

Costs and Resources

 

OEH will contribute 40% to the costs of the individual emissions profiles for each Council. Councils will each be required to commit $2,500 to the project to be paid to Ironbark directly.  OEH will cover the costs of creating the emissions profile tool and the training workshop, which will be paid to Ironbark directly.

 

Timeframes

 

The project will be carried out in accordance with the following timeframes:

 

·      March 30 - Councils to register interest and confirm commitment

·      April 7 – OEH to select participating councils as per selection criteria

·      April 14 to June 8 – Ironbark to generate baselines and provide reports

 

Before June 30 - Ironbark to hold training workshop and provide materials

 

As Council is required to provide emissions information in its State of the Environment report, is participating in the Cities Power Partnership and is considering setting an emissions target, participating in the pilot project was considered by staff to be both timely and useful.

 

Savings of $2,500 have been achieved in the State of the Environment portion of the Environmental Levy budget in the 2017/2018 financial year. This is considered to be the most suitable and logical source of funds.

 

 

CONSULTATION:

 

Coordinator Strategic Planning & Natural Resources

Manager Development & Environment

 

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Participating in the pilot project will provide Council with information and tools to track Community Emissions. This will enable Council to evaluate the effectiveness of Council, community and/or state government emissions reduction programs and target actions towards areas of the community that require additional assistance.

 

Social

 

Mitigating climate change impacts will assist in protecting the community from the adverse implications of sea level rise, extreme weather events and rising temperatures.

 

Economic

 

Mitigating climate change impacts will assist in protecting local businesses from the adverse implications of sea level rise, extreme weather events and rising temperatures.

 

Risk

 

Council needs to be aware of the level of emissions in the community to effectively implement actions to mitigate the risk that climate change poses to all levels of the community

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council is required to pay $2,500 (excluding GST) to Ironbark Sustainability in the 2017/2018 financial year.

 

Source of fund and any variance to working funds

 

Savings were made in the Environmental Levy’s State of the Environment (SOE) Report allocation of $2,500. As the project will result in Council possessing a toolkit and data that will enable future compliance with SOE requirements, it is proposed that the funds come from these savings.

 

Service level changes and resourcing/staff implications

 

A small amount of staff time will be involved to complete a questionnaire, provide data, attend a 90 minutes training workshop (via a webinar – no travel involved) and report publicly on the emissions baseline within 12 months. This should involve approximately two - three days of staff time in total each year. This process will be repeated annually for four years.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    26 April 2018

General Manager's Report

ITEM 9.13    SF1148            260418         Council Ranger's Report March 2018

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

The following is the Council’s Ranger’s reports regarding Council’s Companion Animal Activities and listing of penalty notices issued by Council’s Ranger and other Council Officers for March 2018.

 

 

Recommendation:

 

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

 

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

3

Returned to Owner

0

3

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

8

Abandoned or Stray

2

7

Surrendered

6

8

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

8

23

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

1

Sold

1

8

Released to Organisations for Rehoming

1

9

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

1

Owner’s Request

0

0

Due to Illness, Disease or Injury

0

0

Feral/infant animal

0

0

Unsuitable for rehoming

0

0

Unable to be rehomed

0

0

Total Euthanased

0

1

Total Outgoing Animals

2

19

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

6

4

 

Cattle

Breakdown

Total

Seized

0

0

Returned to Owner

0

0

Impounded

               0

0

Total Seized

0

0

 


 

 

March 2018

PARKING

OFFENCE CODE.

PN NUMBER

DATE ISSUED

PENALTY $

 

82740

3168973199

15/03/2018

110.00

 

82616

3168973208

15/03/2018

110.00

 

82616

3168973217

15/03/2018

110.00

 

82616

3168973226

15/03/2018

110.00

 

82616

3168973235

15/03/2018

110.00

 

82616

3168973253

15/03/2018

110.00

 

82740

3168973262

15/03/2018

110.00

 

82616

3168973271

21/03/2018

110.00

 

82616

3168973318

30/03/2018

110.00

 

82616

3168973327

30/03/2018

110.00

 

82616

3168973336

30/03/2018

110.00

 

 

 

TOTAL:

1210.00

 

March 2018

COMPANION ANIMALS & OTHER

CHIP NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

 

March 2018

OTHER

Issued By:

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                                    26 April 2018

Corporate Services

ITEM 10.1    SF251              260418         Schedule of Council Public Meetings 2018

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

SUMMARY:

 

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

 

 

Recommendation:

 

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

 

 

MEETING

DATE

VENUE

COMMENCING

Clean Energy Committee

2 May

Committee Room

10.30 AM

NSW Rural Fire Service SLA Meeting

9 May

Kempsey Fire Control Centre

9.30 AM

Ordinary Council Meeting

17 May

Council Chambers

5.30 PM

Access Committee

22 May

Council Chambers

2.00 PM

Ordinary Council Meeting

31 May

Council Chambers

5.30 PM

Land Development Committee Meeting

14 June

Council Chambers

4.00 PM

Ordinary Council Meeting

14 June

Council Chambers

5.30 PM

Access Committee

26 June

Council Chambers

2.00 PM

Ordinary Council Meeting

28 June

Council Chambers

5.30 PM

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                                    26 April 2018

Assistant General Manager Engineering Services Report

ITEM 11.1    SF722              260418         Reconciliation of the March 2017 Storm Event

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

The Nambucca Shire LGA was subject to a storm/flood event In March 2017 (2016/17 financial year) which was declared as a natural disaster by the State Government allowing Council to claim for the repairs to infrastructure. The RMS provided formal advice to Council in September 2017 (2017/18 financial year) that the claim had been assessed and funding provided to Council. In accepting the funding it was reported to Council that a number of claims were excluded as they did not meet the warrant of the guidelines for funding.

 

For storm/flood events that occur between March and June, Councils internal protocol is to set up a debtor account against the RMS at 30 June to capture the expense incurred when the works will cross into the next financial year and extinguish the debtor once the funding is approved (generally within the next financial year). 

 

The work under the March 2017 natural disaster funding provided by the State Government is almost complete. The final expenditure incurred is being reconciled by staff so as the grant can be acquitted at the end of this financial year. Council incurred additional expenditure across the rural unsealed road network to the value of $115,607.09 for emergency repairs that was not approved under the guidelines of the agreement and working funds will need to be allocated to reconcile the expenditure and write off the debtor account attributed to the RMS.

 

There is also a slippage on Newee Creek Road from a previous event that had not been funded. Councils contractor has inspected the site and can rectify the slip by using the same technique used on Upper Warrell Creek by driving “I –beams” vertically into the pavement and infilling with a concrete slab. 

 

 

Recommendation:

 

1        That Council allocate an amount of $115,607.09 from working funds for emergency repairs that were excluded from natural disaster funding as damage did not adhere to the guidelines of the natural disaster funding arrangements.

 

2        That Council write off the debtor amount of $115,607.09 attributed to the RMS for emergency repairs undertaken in 2016/17 financial year by Council on the rural unsealed road network.

 

3        That Council allocated an amount of $18,000 from working funds to repair an unfunded slippage on Newee Creek Road.

 

 

OPTIONS:

 

No other options have been considered

 

 

DISCUSSION:

 

The work under the March 2017 natural disaster funding provided by the State Government is almost complete. Staff are reconciling the final expenditure incurred so as the grant can be acquitted at the end of this financial year.

 

Council incurred additional expenditure across the rural unsealed road network to the value of $115,607.09 for emergency repairs that was not approved under the guidelines of the agreement and working funds will need to be allocated to reconcile the expenditure and write off the debtor account attributed to the RMS.

 

There is also a small slippage on Newee Creek Road that was brought to staffs attention from an event that occurred some years ago which was not funded by a previous natural disaster allocations. Council’s contractor has just completed a slippage approved under the June 2016 event on Upper Warrell Creek Road using a technique of driving “I –beams” vertically into the toe of the pavement and infilling with concrete reinforced slabs to hold back the road pavement. The contractor and staff recommend using the method to rectify the slip on Newee Creek Road for an estimated cost of $18,000.

 

 

CONSULTATION:

 

Finance Officer

Manager Assets

Manager Infrastructure Services

RMS

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There were environmental impacts associated with the storm event with damage to roads and the emergency restoration was undertaken by Council following the storm event.

 

Social

There are potential social implications associated with the damage to road pavements for rural residents.

 

Economic

There are potential economic implications to rural residents attributed to the inconvenience of travelling on damaged roads; emergency restoration of the road pavement was undertaken by Council following the storm event.

 

Risk

There is a potential risk to the public travelling on damaged road pavements; following the storm event emergency repairs were undertaken by Council to facilitate safe passage.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A variation is required from working funds for the amount $115,607.09 to write off the debtor account attributed to the RMS.

 

A variation of $18,000 from working funds is also require to repair the slippage identified on Newee Creek Road

 

Source of fund and any variance to working funds

 

There is a variation to Working funds in the order of $115,607.09 to offset the expenditure incurred from unfunded emergency repairs and $18,000.00 for the repair to the slippage on Newee Creek Road.

 

Service level changes and resourcing/staff implications

 

There is an implication to the level of service whilst there is damage to the infrastructure  .

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    26 April 2018

Assistant General Manager Engineering Services Report

ITEM 11.2    SF1575            260418         Asset Management Plans for Sealed Roads and Buildings

 

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

 

Summary:

 

In accordance with past practice, it is intended to place the Asset Management Plans (AMP’s) on public exhibition and have Council formally endorse the documents via a Council resolution.

 

Council uses the IPWEA NAMS (National Asset Management Strategy) template for the development of the AMP’s and Councillors will receive a briefing on the AMP’s summarising each AMP prior to the Council meeting.

 

The two Asset Management Plans for Sealed Roads and Buildings are attached. Staff will provide a verbal summary on the two plans at a workshop for Councillors commencing at 4.00pm prior to the Council meeting on 26 April 2018.

 

 

Recommendation:

 

1        That Council receive and note the presentation on the Asset Management Plans for Sealed Roads and Buildings.

 

2        That Council place the Asset Management Plans for Sealed Roads (TRIM 13651/2018) and Buildings (TRIM 13649/2018) on public exhibition and receive a further report following the completion of the public exhibition.

 

 

OPTIONS:

 

No other options have been considered

 

 

DISCUSSION:

 

This asset management plan details information about infrastructure assets including actions required to provide an agreed level of service in the most cost effective manner while outlining associated risks. The plan defines the services to be provided, how the services are provided and what funds are required to provide the services over a 20-year planning period. The plans being presented cover the infrastructure assets of sealed roads and buildings.

 

Council’s goal in managing infrastructure assets is to meet the defined level of service (as amended from time to time) in the most cost effective manner for the present and future. The key elements of infrastructure asset management are:

 

·      Providing a defined level of service and monitoring performance,

·      Managing the impact of growth through demand management and infrastructure investment,

·      Taking a lifecycle approach to developing cost-effective management strategies for the long-term that meet the defined level of service,

·      Identifying, assessing and appropriately controlling risks, and

·      Linking to a long-term financial plan which identifies required, affordable expenditure and how it will be allocated.

 


 

The key points within the plans are:

 

Levels of Service - Service levels are defined service levels in two terms as, customer levels of service and technical levels of service.

 

Customer Levels of Service measure how the customer receives the service and whether value to the customer is provided. Customer levels of service measures used in the asset management plan are:

 

Quality:              How good is the service?… What is the condition or quality of the service?

 

Function:           Is it suitable for its intended purpose?…. Is it the right service?

 

Capacity/Use:     Is the service over or under used?… Do we need more or less of these     assets?

 

Technical Levels of Service:       Supporting the customer service levels are operational or technical measures of performance. These technical measures relate to the allocation of resources to service activities to best achieve the desired customer outcomes and demonstrate effective performance

 

Operations:        the regular activities to provide services (e.g. Street lighting, Street Cleaning, infrastructure inspections / condition assessments, etc.

 

Maintenance:      the activities necessary to retain an asset as near as practicable to an appropriate service condition. Maintenance activities enable an asset to provide service for its planned life (e.g. Pothole repair and Crack repair).

 

Renewal:            the activities that return the service capability of an asset up to that which it had originally (e.g. surface reseals, Pavement rehabilitation).

 

Upgrade/New:     the activities to provide a higher level of service (e.g. road widening, pavement strengthening) or a new service that did not exist previously (e.g. new subdivision roads).

 

Financial summary

 

Funding for assets is provided from the budget and long term financial plan, resulting from all the information presented within the asset management plan. The financial strategy of the entity determines how funding will be provided, whereas the asset management plan communicates how and when this will be spent, along with the service and risk consequences of differing options. The financial projections will be improved as further information becomes available on desired levels of service and current and projected future asset performance.

 

Risk Management

 

An assessment of risks associated with service delivery from infrastructure assets has identified critical risks that will result in loss or reduction in service from infrastructure assets or a ‘financial shock’. The risk assessment process identifies credible risks, the likelihood of the risk event occurring, the consequences should the event occur, develops a risk rating, evaluates the risk and develops a risk treatment plan for non-acceptable risks.

 

Future demand

 

The infrastructure reality is that only what is funded in the long term financial plan can be provided. The emphasis of the Asset Management Plan is to communicate the consequences that this will have on the service provided and risks, so that decision making is “informed”.

 

 


 

CONSULTATION:

 

Asset Management Steering Group

MANEX

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are environmental implications associated with this report with respect to levels of service and acceptable risk outlined in the AM Plans.

 

Social

 

There are social implications associated with this report with respect to levels of service and acceptable risk outlined in the AM Plans.

 

Economic

 

There are economic implications associated with this report with respect to levels of service and acceptable risk outlined in the AM Plans.

 

Risk

 

There are risk implications associated with this report with respect to levels of service and acceptable risk outlined in the AM Plans.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no implications to the budget associated with this report.  It is worthy to note that the AMPs reflect the long term financial plan adopted by Council.

 

Source of fund and any variance to working funds

 

There are no implications or variations associated with this report. The AMPs reflect the long term financial plan adopted by Council.

 

Service level changes and resourcing/staff implications

 

There are no proposed service levels changes associated with this report. All work is undertaken within current staff resources within the Assets team

 

Attachments:

1

13770/2018 - Asset Management Plan Sealed Roads

 

2

13769/2018 - Asset Management Plan Buildings

 

  


Ordinary Council Meeting - 26 April 2018

Asset Management Plans for Sealed Roads and Buildings

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 26 April 2018

Asset Management Plans for Sealed Roads and Buildings

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                    26 April 2018

Assistant General Manager Engineering Services Report

ITEM 11.3    SF453              260418         Waste Management Household Chemical Collections

 

AUTHOR/ENQUIRIES:    Simon Chapman, Civic Services Coordinator         

 

Summary:

 

Council resolved to 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.

 

 

Recommendation:

 

1        That Council receive and note the information provided in the household chemical collection report.

 

2        That Council does not accept oil column heaters at the Nambucca Waste Management Facility unless the following steps have been undertaken:

·           The oil is drained from the unit into a suitable sealed container for transporting to the facility prior to disposal at the Community Recycling Centre (CRC)

·           The empty column heater can then be received at the facility and placed into the scrap metal section for collection and recycling by Council’s contractor.

 

3        That Council note that the NSW EPA who conduct the Household Chemical CleanOut Program which will accept oil column heaters have no immediate programs planned for the Nambucca Shire.

 

 

OPTIONS:

 

For information only

 

 

DISCUSSION:

 

Oil Filled Column Heaters;

 

An oil heater uses a heating element at the base of the unit to warm oil, which is then circulated throughout the cavities of the heater. The oil is able to hold the heat due to its high heat capacity and boiling point, and that warmth is slowly transferred to the room. Consumers who no longer wish to use an oil heater cannot just place the item into the waste collection as it is considered a “hazardous waste item”. Manufactures indicate that the silicone oil (mostly siloxanes like polydimethylsiloxane) is generally nontoxic.

 

Unfortunately the column heater is a sealed unit and cannot be emptied without rupturing or piercing the body by drilling a hole or removal of the thermostat allowing the oil to be drained.  Due to WHS implications, Council staff will not drill the column heater or attempt to remove the oil in any circumstances.

 

Therefore in order for these types of heaters to be eligible for disposal at the Nambucca Waste Management Facility the following steps must be undertaken:

 

·    The oil needs to be drained from the unit into a suitable sealed container for transporting to the facility prior to disposal at the Community Recycling Centre (CRC)

·    The empty column heater can then be transported to the facility and placed in the scrap metal section for collection and recycling by Councils contractor.

 

There is one other form of disposal being the “Household Chemical CleanOut Program” conducted by the NSW EPA. This is a program where residents can safely dispose of household chemicals that could cause harm to human health and the environment if not disposed of correctly. These events are a free service held across NSW on specified dates.

 

The NSW EPA Coffs Harbour Branch was contacted on 19 April 2018 and the EPA Officer advised that there are no immediate Household Chemical CleanOut Program planned for the Nambucca Shire LGA and that the program would be posted on their website and media alerted of the program commencing.

 

Community Recycling Centres (CRC’s)

 

Community Recycling Centres (CRCs) are permanent drop-off centres for common household problem wastes that can’t be collected via Council kerbside waste and recycling collection services.

 

Nambucca householders can drop off problem wastes at the Nambucca Waste Management Facility free of charge.

 

Only household quantities of these materials will be accepted.  As a guide, this is a maximum container of 20 litres or 20 kilograms for each waste type:

 

·    Solvents and household cleaners

·    Floor care products

·    Ammonia-based cleaners

·    Pesticides and herbicides

·    Poisons

·    Pool chemicals

·    Hobby chemicals

·    Motor fuels

·    Fluorescent globes and tubes

·    Acids and alkalis

·    Smoke detectors

·    Paint and paint-related products

·    Gas bottles

·    Fire extinguishers

·    Car and household batteries

·    Motor oils and cooking oils

 

ChemClear

 

ChemClear is Australia’s only Extended Producer Responsibility (EPR) program operating for Agvet chemicals and is an initiative of the Industry Waste Reduction Scheme (IWRS).

 

ChemClear is delivered by Agsafe Limited on behalf of AgStewardship Australia Limited and its stakeholders CropLife Australia, Animal Medicines Australia Limited, Veterinary Manufacturers and Distributors Association and the National Farmers Federation. Collections are scheduled based on the volume of chemical registrations received by region and state across Australia.  On average ChemClear undertakes 2-3 state collections and several local regional collections annually.

 

Registration of chemicals for disposal are as follows:

 

·    Free call 1800 008 182

·    Complete and return a ChemClear Inventory Form

·    Mail to ChemClear GPO Box 816 Canberra City

·    For urgent disposal contact 1800 008 182

 


 

DrumMuster

 

The DrumMuster program collects and recycles eligible, pre-cleaned agricultural and veterinary chemical containers.  DrumMuster is a national product stewardship program that is supported by agvet chemical manufacturers, industry stakeholders which includes member and farming associations and state and local governments.  Working hand-in-hand with local Councils and other collection agencies, DrumMuster has established collection facilities all over Australia and since its inception in 1998 the program has recycled over 20 million containers.

 

Nambucca residents can drop off eligible pre-cleaned DrumMuster drums at the Nambucca Waste Management Facility free of charge.

 

Once the containers have been collected, they are recycled into re-usable products such as wheelie bins, road signs, fence posts and bollards.

 

 

CONSULTATION:

 

Environment Protection Authority

ChemClear

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

By using one of these services it ensures that chemical users will meet their responsibilities and obligations under any Quality Assurance, Farm or Environmental Management program.

 

Social

No identifiable social issues at this point.

 

Economic

No identifiable economic issues at this point.

 

Risk

No identifiable risks at this point.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

No identifiable changes or implications on budgets at this point.

 

Source of fund and any variance to working funds

No identifiable variances at this point.

 

Service level changes and resourcing/staff implications

No identifiable changes or implications at this point.

 

Attachments:

There are no attachments for this report.