NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

14 June 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

 

 

3.00 pm    Briefing on Targeted Earlier Intervention – Family and Community Services

 

4.00 pm    Operations of the Nsw Rural Fire Service – Lachlann Ison

 

 

 

 

Ordinary Council Meeting - 14 June 2018

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 31 May 2018...................................................................................... 7

5        NOTICES OF MOTION

5.1     Notice of Motion - Locality Name - Valla Urban Growth Area............................................. 16

5.2     Notice of Motion - Closure of Macksville Court to Public on Non Court Sitting Days.......... 17  

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     Outcome of Inquiry into Zonal Taxation............................................................................ 19

9.2     Tender for Local Government Election Services............................................................... 21

9.3     Board of Local Government NSW - Election to Fill a Casual Vacancy in the Office of Vice President (Rural/Regional councils)................................................................................................. 31

9.4     Safe and Secure Water Program - Funding for Water & Sewerage to New Macksville Hospital.... 33

9.5     Accounting for Rural Fire Service, State Emergency Services and Surf Life Saving Assets 37

9.6     Valla Community Pre-School Inc. - Renewal of Licence Agreement to Occupy Land........... 44

9.7     Development Application DA2017/291 - 3 Adin Street Scotts Head................................... 46

9.8     Environmental Levy 2017-18 and other projects.............................................................. 174

9.9     Results of Exhibition of the Environmental Levy program 2018/19................................... 180

9.10   Development Applications greater than 12 months or where submissions received -  to 6 June 2018.................................................................................................................................... 192

9.11   2018 May - Approved Construction and Complying Development Certificates.................. 195

9.12   2018 May - Development and Complying Development Applications Received................ 200

9.13   Investment Report to 31 May 2018................................................................................. 204

9.14   Schedule of Council Public Meetings 2018..................................................................... 209

10      Assistant General Manager Corporate Services Report

10.1   Scotts Head Tennis Club Committee of Management - Annual General Meeting - 10 May 2018.... 210

11      Assistant General Manager Engineering Services Report

11.1   Rock Fishing Safety Act 2016 and Safety Initiative ........................................................ 215    

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

12.1   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.

  

            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 31 May 2018

The following document is the minutes of the Ordinary Council meeting held 31 may 2018.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 14 June 2018 and therefore subject to change.  Please refer to the minutes of 14 June 2018 for confirmation.

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones (Entered at 5.39pm)

Cr Janine Reed

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

APOLOGIES

 

Cr John Wilson

 

 

 

PRAYER

 

Reverend Darryl Spriggs (Macksville and Nambucca Heads Presbyterian Churches), offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor Anne Smyth declared a non-pecuniary – significant conflict interest in Item 9.6 Request for donation – Bowraville Community Development Association Inc under the Local Government Act as Cr Smyth is a member of the Bowraville Community Development Association. Cr Smyth left the meeting for this item.

 

Mr Michael Coulter declared a non-pecuniary - significant conflict of interest in Item 10.1 Review of Draft Beach Management Policy under the Local Government Act as Mr Coulter is the Secretary of the Macksville-Scotts Head Surf Life Saving Club and the provisions in the Policy will affect the work required to organise surf carnivals and other Surf Life Saving events.  Mr Coulter left the meeting for this Item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 May 2018 and special council (BUDGET) meeting 23 May 2018:

220/18 RESOLVED:        (Jenvey/Ballangarry)

 

1           That the minutes of the Ordinary Council Meeting of 17 May 2018 be confirmed.

 

221/18 Resolved:        (Ainsworth/Ballangarry)

 

2        That the minutes of the Special Council (Budget) Meeting 23 May 2018 be confirmed.

 

 

 

 

NOTICE OF MOTION - CR Reed

ITEM 5.1      SF2433              310518      NOTICE OF MOTION - Request for Leave of Absence - Cr Janine Reed for 14 June 2018

222/18 RESOLVED:        (Reed/Ainsworth)

 

That Cr Janine Reed be granted leave of absence in accordance with Section 234(d) of the Local Government Act for Thursday 14 June 2018 to attend the Mid North Coast Local Health District’s Award presentation.

 

 

 

NOTICE OF MOTION - CR Ballangarry

ITEM 5.2      SF2433              310518      NOTICE OF MOTION - Request for Leave of Absence - Cr Martin Ballangarry OAM from 4 to 8 June 2018 inclusive

223/18 RESOLVED:        (Ballangarry/Jenvey)

 

That Cr Martin Ballangarry OAM be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 4-8 June 2018 inclusive.

 

   

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                310518      Outstanding Actions and Reports

224/18 RESOLVED:        (Ainsworth/Reed)

 

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

 

 

 

ITEM 9.2      SF2423              310518      Development Applications greater than 12 months or where submissions received -  to 23 May 2018

225/18 RESOLVED:        (Ainsworth/Reed)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 23 May 2018 be noted by Council.

 

 

 

ITEM 9.3      SF941                310518      Draft Nambucca Shire Council Strategic Tourism Plan

226/18 RESOLVED:        (Reed/Ainsworth)

 

1        That Council place the draft Nambucca Shire Strategic Tourism Plan 2018-2023 on exhibition for comment by the public.

 

2        That the consideration of comments regarding the 12 undertakings made by Mr Stuart Holmes on behalf of Lifetime Connect Incorporated at the Council meeting on 16 March 2017 be deferred.

 

 

 

 

ITEM 9.4      SF2422              310518      Minutes of the Nambucca Shire Council Access Committee meeting held 24 April 2018

227/18 RESOLVED:        (Smyth/Jenvey)

 

That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 24 April 2018.

 

 

 

 

ITEM 9.5      SF941                310518      North Coast Destination Management Plan 2018 to 2021

228/18 RESOLVED:        (Finlayson/Ainsworth)

 

That Council receive and note the North Coast Destination Management Plan 2018-2021.

 

 

 

Councillor Anne Smyth left the meeting before the commencement of this item, the time being 5:49 PM

ITEM 9.6      SF25                  310518      Request for Donation - Bowraville Community Development Association Inc

229/18 RESOLVED:        (Ainsworth/Jenvey)

 

1        That Council approve a Section 356 donation of $400.00, to assist with the cost of upgrade works of the Pioneer Community Centre at Bowraville.

 

2        That Council approve an additional amount of $8,000.00 to be included in the Donations budget for the 2017/2018 year to cover all donations approved.

 

Councillor Anne Smyth returned to the meeting at the completion of this item, the time being 5:51 PM

 

 

ITEM 9.7      SF251                310518      Schedule of Council Public Meetings 2018

230/18 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

ITEM 9.8      SF1031              310518      Amendment to Companion Animals Policy

231/18 RESOLVED:        (Hoban/Reed)

 

1        That Council staff publicly exhibit the draft ‘Companion Animals Control of Dogs and Cats Policy’ contained within attachment 2 for 28 days.

 

2        That Council staff report to Council once public exhibition of the draft policy is completed to determine if Council will proceed with its adoption.

 

3        That Council not permit the creation of public dog parks within the shire.

 

4        That Staff include a clause that allows dogs on leads in all of the Taylors Arm Reserve with the exception of the Playground and Sports Field.

 

 

ITEM 9.9      SF2361              310518      March 2018 Budget Review

232/18 RESOLVED:        (Ainsworth/Ballangarry)

 

1        That the budget review for the quarter ended 31 March, 2018 be received.

 

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

 

 

 

ITEM 9.10    SF468                310518      Request for Financial Investment (Donation) for ProAg 2018

233/18 RESOLVED:        (Ainsworth/Reed)

 

That Council provide sponsorship of $3,500 (incl GST) for ProAg 2018 and in kind support in the form of hanging roadside banners, display of messages via the Variable Message Board (if available) and installation of a Speed Zone at the Showground.

 

 

 

General Manager Report - LATE

ITEM 9.11    SF42                  310518      Formation of Joint Organisations

234/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council seek the support of Clarence Valley and Coffs Harbour City Councils in making further representations to the Deputy Premier, the Minister for Local Government and its local State Members for the establishment of a Joint Organisation comprising Clarence Valley, Coffs Harbour, and the Nambucca local government areas.  Further that Bellingen Shire Council be accepted as a member of the proposed Joint Organisation should they obtain approval to withdraw from the announced Mid North Coast Joint Organisation.

 

 

 


 

Assistant General Manager Engineering Services Report

 

Mr Michael Coulter left the meeting before the commencement of this item, the time being 6:43 PM

 

ITEM 10.1    SF1031              310518      Review of Draft Beach Management Policy

235/18 RESOLVED:        (Reed/Jenvey)

 

1        That Council receive and note the new Draft Beach Management Policy which encompasses the existing policies and the introduction of two new statements and procedures into one standalone document as follows :

 

a)   Two new statements and procedure within the Draft Beach Management Policy relating to shark siting / incident management and mammal disposal; and the incorporation of the following existing policies into one standalone document;

b)   Beaches – General bonfires and damage (Our Ref 3958/2006)

c)   Beaches – General horses on beaches  (Our Ref: 3959/2006)

d)   Beaches – Inspectors/lifesaving Authority to patrol beaches and to train (Our Ref: 3961/2006)

e)   Vehicular access to beaches (Our Ref: 4331/2013)

 

2        That there be additional text relating to the protection of migratory shore birds.

 

3        That Council place the Draft Beach Management Policy (Our Ref: 47676/2017) on public exhibition for a period of 28 days seeking comment,

 

4        That Council advise the Vehicular Access To Beaches Committee members, Macksville-Scotts Head and Nambucca Heads Surf Life Saving Clubs Inc committees, SLS NSW and DPI  - Fisheries NSW that the Draft Beach Management Policy is on public exhibition and can be viewed on Council’s website should they wish to make any further comment.

 

5        That a further report be provided to Council following the closing of the exhibition period advising of any comments received from Councillors, the agencies listed in recommendation No. 2 and the general public detailing any potential amendments to the document and seeking formal adoption of the Draft Beach Management Policy.

 

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 6:50 PM

 

 

 

ITEM 10.2    SF1676              310518      2017-18 Capital Works Program Monthly Report

236/18 RESOLVED:        (Ainsworth/Reed)

 

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

 

2        That Council revote the allocation of $239,188 remaining on WO 3231 Riverside Drive and include the funding in the 2018/19 Capital Works Program.

 

3        That Council note that an amount of $50,000 is required to be carried forward into 2018/19 Capital Works Program for the final contract payment on WO 3235 Rural Fire Service station extension at Eungai.

 

4        That Council note that an amount of $50,000 is anticipated to be carried forward into 2018/19 Capital Works Program for the final contract payment on WO 3053 Valla Beach Reserve amenities.

 

5        That Council revote the allocation of $85,286.00 across WO’s 3261 and 3268 Scotts Head Tennis Club and include the funding in the 2018/19 Capital Works Program.

 

6        That Council reallocate the savings of $100,000 from within the Urban Street Rehabilitation Program onto WO 3203 Mann Street.

 

7        That Council revote the allocation of $135,000 remaining on WO 2352 Bowraville STP - Upgrades of Recycled Water System and include the funding in the 2018/19 Capital Works Program.

 

 

 

 

ITEM 10.3    SF674                310518      China National Sword Policy

237/18 RESOLVED:        (Ainsworth/Ballangarry)

 

That Council receive and note the information and prepare a media release to provide advice to residents that they need to keep recycling and that it is even more important to ensure only the correct materials are placed in the recycling bins.

 

 

 

 

ITEM 10.4    SF85                  310518      Minutes of the NSW Rural Fire Service Level Agreement Zone Liaison Committee meeting - 9 May 2018

238/18 RESOLVED:        (Ainsworth/Ballangarry)

 

That Council receive and note the report for the NSW Rural Fire Service Level Agreement Zone Liaison Committee Meeting held on 9 May 2018.

 

 

 

 

ITEM 10.5    SF722                310518      Changes to Natural Disaster Relief and Recovery arrangements (NDRRA)

239/18 RESOLVED:        (Ainsworth/Jenvey)

 

1        That Council continue under the existing funding model arrangement in which Council pays 25 per cent of the first $116,000 (excluding GST) or $29,000 of the eligible costs arising from a declared disaster and nothing thereafter.

 

2        That Council note that under the existing funding model arrangement all works will be required to be undertaken by contractors and will exclude the use of Council day labour.

 

3        That there be representations in relation to the possibility of multiple natural disaster declarations affecting LGAs in a region whereby consideration be given to waiving the requirements for contractors to undertake work and to allow both contractors and day labour.

 

 

 

 

ITEM 10.6    SF1067              310518      Rock Fishing Safety Act 2016 and Safety Initiative

240/18  RESOLVED:                 (Ainsworth/Jones)

 

That the matter on the Rock Fishing Safety Act 2016 and Safety Initiative be deferred.

 

 

 

 

ITEM 10.7    SF621                310518      Notification of determination of Aboriginal Land Claim 6596 - Granted

241/18 RESOLVED:        (Ainsworth/Ballangarry)

 

That Council receive and note the determination of the Aboriginal Land Claim 6596 over Lot 7302 DP 1146646, Wilson Road, Congarinni North and update the Land Register to remove the parcel of land from Council care and control.

 

 

     

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

242/18 RESOLVED:        (Reed/Ainsworth)

 

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 11.1    SF2432              310518      Notice of Change in Laws – China's National Sword Policy

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 11.2    SF1549              310518      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 11.3    SF2418              310518      Comparative Price and Availability of Industrial Land in Neighbouring Councils

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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.24 pm.

 

RESUME IN OPEN MEETING

243/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  7.39 pm

 

FROM COUNCIL IN CLOSED MEETING

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF2432              310518      Notice of Change in Laws – China's National Sword Policy

244/18 RESOLVED:        (Ainsworth/Reed)

 

Council receive and note the information and that Council has engaged HWL Ebsworth to act on behalf of Council and issue a letter disputing the Change in Law clause attributed to the National China Sword Policy.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    SF1549              310518      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

245/18 RESOLVED:        (Ainsworth/Finlayson)

 

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 11.3    SF2418              310518      Comparative Price and Availability of Industrial Land in Neighbouring Councils

246/18 RESOLVED:        (Reed/Jenvey)

 

That the information concerning the comparative price and availability of industrial land be received.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.39 pm. 

 

Confirmed and signed by the Mayor on 14 June 2018.

 

 

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)

 

     


Ordinary Council Meeting                                                                                                    14 June 2018

Notice of Motion

ITEM 5.1      SF2433            140618         Notice of Motion - Locality Name - Valla Urban Growth Area

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

A locality is a named geographical area within defined boundaries which represents a community or area of interest, and may be rural or urban in character.

 

With the completion of a site specific DCP and the lodgement of a major Development Application for the Valla Urban Growth Area it is timely that Council gives consideration to commencing the process of providing the area with a unique locality name.

 

 

Recommendation:

 

1        That Council advertise its intention to determine a locality name for the Valla Urban Growth Area (VUGA) and seek naming suggestions from the public.

 

2        That the advertisement include some basic naming guidelines in accordance with Geographical Names Board Policy.

 

3        That Council consult directly with residents in the VUGA area, the Local Aboriginal Land Councils, Muurrbay Aboriginal Language and Culture Co-operative, the Nambucca Heads and Valla Chamber of Commerce and Industry, Nambucca District Historical Society, Valla Beach Community Association and any other community organisations identified by Councillors or Council staff.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    14 June 2018

Notice of Motion

ITEM 5.2      SF2433            140618         Notice of Motion - Closure of Macksville Court to Public on Non Court Sitting Days

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

In 2014 Nambucca Shire Council raised concerns about the rumoured possibility of the loss of services at the Macksville Court House. Our enquiries met with aggressive denial.

 

However it now appears that the Macksville Court has been closed to the public on all but court sitting days which means it is open Thursdays only.

 

Members of the public attending at the Macksville Court on any other day of the week will encounter a locked door and the notice attached to this motion.

 

Residents attend the Court for a variety of reasons ranging from lodgement and assistance with applications for apprehended violence orders, applications to commence proceedings, defence, notices of motion to stay proceedings and set aside judgement in civil actions, family law applications and family law recovery orders, to witnessing and certifying documents and handling birth death and marriage registration enquiries.

 

Based on the attached notice it appears that the Court has been closed to the public for security reasons. In the past only one female staff member was present and although the Police station adjoins, the station is often unmanned. It may not be feasible to have the Court open to the public every week day. However only opening on court sitting days is clearly unacceptable, considering that the notice advises that sitting days are busy and those who require personal assistance should come after 2pm otherwise be prepared to wait for service. This is unacceptable for those who work; matters of urgency and those who are transport disadvantaged and have to attend according to bus timetables or the availability of volunteer transport.

 

MANEX COMMENT:

 

It is noted that notices displayed at the Court House refer people seeking Justice of the Peace Services to Council work places where there are Justices of the Peace.  This is obvious cost shifting as Council staff have to deal with the enquiry and then refer the person to a staff member who is a Justice of the Peace with further time lost in dealing with non Council related matters.

 

 

Recommendation:

 

That Council write to Attorney General and head of the Justice Cluster the Hon Mark Speakman SC MP and the Member for Oxley the Hon Melinda Pavey MP seeking adequate staffing and the reinstatement of Court services during normal business hours from Monday to Friday at Macksville Court House.

 

 

 

 

Attachments:

There are no attachments for this report.        


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager's Report

ITEM 9.1      SF578              140618         Outcome of Inquiry into Zonal Taxation

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        That information concerning the Final Report of the Inquiry into Zonal Taxation conducted by the NSW Legislative Assembly Committee on Investment, Industry and Regional Development be received.

 

2        That Council request Local Government NSW lobby in support of the adoption of the recommendations in the Final Report of the Inquiry into Zonal Taxation in the run up to the next State election in March 2019.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

DISCUSSION:

 

It will be recalled that this Inquiry was reported to Council’s meeting on 22 February 2018.

 

The NSW Legislative Assembly Committee on Investment, Industry and Regional Development conducted an inquiry into zonal taxation in NSW.  They have now published their final report and a link to it follows:

 

https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-details.aspx?pk=2384#tab-reportsandgovernmentresponses

 

The Inquiry’s terms of reference were to investigate and report on the possible benefits of zonal taxation for regional economies, infrastructure and services in NSW with particular reference to:

 

i.    Exemptions from, or concessions in relation to payroll tax, stamp duty, and land tax;

ii.    Concessions in relation to utility charges;

iii.   The impact of fuel levies on regional growth; and

iv.   Any other related matters.

 

In relation to payroll tax it should be noted that it is a state tax applied to the wages of a business once they have exceeded a payroll tax threshold.  Currently, the payroll tax rate in New South Wales is 5.45%, with a threshold for the 2017-18 financial year of $750,000.  Therefor payroll tax effectively captures all medium size as well as large business.  In 217-18, payroll tax is expected to contribute 27.4% of NSW taxation revenue.

 

The Committee has decided that the most effective mechanism to provide regional areas with tax concessions and exemptions is to create two tax zones; a metropolitan zone covering the Greater Sydney area and a regional zone covering the rest of the State.

 

They have recommended that any business that relocates to regional NSW from Greater Sydney, overseas or interstate should have a one year payroll tax exemption.  This saving will be an incentive for international and interstate businesses to consider regional areas for relocation or investment.  They have also recommended a stamp duty exemption for the purchase of commercial and industrial property for businesses relocating from Sydney or outside the State.  This exemption will be an initial capital cost saving to encourage businesses to purchase regional property and relocate.  The measures are aimed at bringing new employment opportunities to regional areas and encouraging regional centres to grow.

 

The Committee has recommended that the payroll tax threshold be raised from $750,000 to $1m for businesses based in regional NSW.  They have also recommended that the regional threshold be further increased in 2022 to $2m.

 

The Committee’s recommendations are welcome news for regional NSW and Council should request that LGNSW actively support the adoption of the proposals in the run up to the next State election in March 2019.

 

 

CONSULTATION:

 

There has been no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

At this stage there are no social implications.  There will be positive social impacts for regional NSW if the Committee’s recommendations are adopted by the NSW Government.

 

Economic

 

At this stage there are no economic implications.  There will be positive economic impacts for regional NSW if the Committee’s recommendations are adopted by the NSW Government.

 

Risk

 

There are no risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no service level or resourcing implications.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager's Report

ITEM 9.2      SF1026            140618         Tender for Local Government Election Services

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council agree to participate in the Regional Procurement tender for the provision of local government election services.

 

 

OPTIONS:

 

The Council has the option of either participating in the tender or not participating.

 

DISCUSSION:

 

Council has been approached by Regional Procurement (a business arm of Hunter Councils) to participate in a single source tender for the provision of local government election services.  The tender would be called for a period of 60 months from 1 April 2019 to 31 March 2024 with a 24 month option through to 31 March 2025 using the Hunter Councils’ tender document suite.

 

A range of councils have expressed an interest in participating in the tender, including on the Mid North Clarence Valley, Coast Coffs Harbour, Kempsey, and Port Macquarie-Hastings.

 

Council has been invited to sign a letter of participation on the basis that Council agrees to support the outcome of the tender conditional upon it being to the satisfaction of council by being equal to or better than the pricing, level of service and quality otherwise available to Council through the NSW Electoral Commission.  In other words the Council will have control over whether or not it wishes to accept a tender and in that determination be simply guided by an assessment as to whether or not it will be a better deal to that expected to be provided by the NSW Electoral Commission.

 

Previously the NSW Electoral Commission has refused to participate in tenders for election services so Council’s assessment of the alternative service which would be available via the Electoral Commission will likely require an estimate of cost based on the outcome of the 2016 election.

 

The scope of the tender provides participating councils with full or by-election services applying to either of two (2) options listed on an as required bases being:

 

Option 1:  Fully Outsourced election service

 

The service provider is required to submit a fully costed solution for each nominated council listed for an all-inclusive election service.

 

Option 2 – Partially Outsourced election service

 

The service provider must provide a breakdown of costs clearly showing items the service provider considers nominated councils may source/provide themselves to reduce costs.

 

A copy of the letter of participation and tender specification is attached.

 

The Council must notify the NSW Electoral Commission 18 months before the scheduled 2020 election as to whether it wishes to utilise their services.

 

The cost of the 2016 Council election was $130,871 which was approximately the provision Council had made in its election reserve.

 

There would seem to be no good reason for Council not to participate in testing the market for the provision of election services.

 

 

CONSULTATION:

 

There has been consultation with the Manager of Regional Procurement.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are risks in the delivery of election services in terms of the standard of the service, the timeliness of results and cost.  These risks exist regardless of the service provider.  It should be expected that the more councils which take up the opportunity to tender the better will be the level of interest and pricing.  This will only be known after 18 July when the period for returning the letter of participation closes.

 

A high level of interest might also encourage the NSW Electoral Commission to look at opportunities for cost savings.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there are no resourcing issues.

 

Attachments:

1

19731/2018 - Letter of Participation Nambucca

 

2

19732/2018 - Tender Specification - election services

 

  


Ordinary Council Meeting - 14 June 2018

Tender for Local Government Election Services

 


Ordinary Council Meeting - 14 June 2018

Tender for Local Government Election Services

 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager's Report

ITEM 9.3      SF1856            140618         Board of Local Government NSW - Election to Fill a Casual Vacancy in the Office of Vice President (Rural/Regional councils)

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council nominate the Mayor and Deputy Mayor to be Council’s voting delegates in the forthcoming election for the Local Government NSW Board position of Vice President (Rural/Regional Councils).

 

 

OPTIONS:

 

There are no real options other than Council not exercising its right to a vote.

 

 

DISCUSSION:

 

Council has received advice from Local Government NSW of an election to fill this casual vacancy.

 

The Association’s rules require the casual vacancy to be filled by secret postal ballot.

 

Nambucca Shire Council is entitled to two (2) voting entitlements in the election.

 

The timetable for the election is as follows:

 

12 noon Friday 6 July – ordinary members entitled to vote must provide the names and postal addresses of their nominated voting delegates to the Association (details supplied to include a street address or PO Box number, suburb, state, postcode and whether the address is a workplace address.

 

Friday 13 July – the AEC will issue an election notice inviting nominations for the office of Vice President (Rural/Regional councils) to be published in the Association’s official journal, the LGNSW Weekly, and sent to each member entitled to vote in the election, by post, on this date.

 

Further details about the election, including the date that nominations close and the date the ballot opens/closes will be contained in the election notice.

 

So prior to 6 July the Council has to submit the details of its two voting delegates online using the nomination form link:

 

https://lgsa.wufoo.com/forms/voting-delegate-nominations-2018-vp-ruralregional-rl1wl541offmc2/

 

It is proposed that the Mayor and Deputy Mayor be this Council’s voting delegates in the election to fill the casual vacancy for the position of Vice President (Rural/Regional councils).

 

 

CONSULTATION:

 

There has been consultation with the Mayor.


 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary impacts.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager's Report

ITEM 9.4      SF2463            140618         Safe and Secure Water Program - Funding for Water & Sewerage to New Macksville Hospital

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        Council note that an application for $ for $ funding for the provision of water and sewerage services to the new Macksville hospital has now been lodged under the State Government’s Growing Local Economies Program.

 

2        Council make representations to the Member for Oxley and Minster for Roads and       Maritime expressing its disappointment that Council has been unsuccessful in a grant     application for $ for $ funding under the Safe and Secure Water Program to provide water and sewerage services to the new Macksville hospital and advising that it has now made a funding application on the same terms under the Growing Local Economies Program.

 

 

OPTIONS:

 

The Council has the option of not funding the provision of water and sewerage services to the Macksville hospital.  The advice which has been previously provided to Health Infrastructure is that Council will provided reticulated water and sewerage to the site.

 

DISCUSSION:

 

Council has received the attached letter from the Department of Industry – Water in relation to an expression of interest lodged by Council for co-funding for the provision of water and sewerage services to the new Macksville Hospital.  The letter advises that the project was assessed as ineligible to proceed to Stage 2 (detailed application) at the Safe and Secure Water Program (SSWP) Technical Review Panel meeting held on 8 May 2018.

 

Council is advised that the SSWP Technical Review Panel is an independent panel comprising of 7 voting members from 6 separate government agencies (NSW Health, DPC, OLG, EPA, Treasury and DoI Water). The Panel also invites input from observers including other government agencies, a Probity consultant, economists and subject matter experts.

 

For councillors who are interested the funding guidelines can be found at:

 

https://www.industry.nsw.gov.au/water/water-utilities/infrastructure-programs/safe-and-secure-water-program/about

 

The advice from the Department of Industry – Water is very disappointing.  No reasons are provided other than the generic advice that the Technical Review Panel considers that the project does not fit within the SSWP eligibility criteria/guidelines.

 

In reviewing the guidelines projects that deliver water security for multiple beneficiaries across a catchment or catchments are eligible for consideration.  The type of project is not listed as being illegible.  Of course the project is delivering water security to a proposed new hospital and potentially other users along the route.  In terms of multiple beneficiaries it is not inconsequential.

 

But putting that aside, in good faith Nambucca Shire Council committed to assist NSW Health Infrastructure in the delivery of the new $73m Macksville hospital by providing the site with reticulated water and sewerage.  It did this because of advice that under Health’s global budget for the hospital, if there were savings in infrastructure then those savings could be applied to improving the finish and fit-out of the building.

 

Council has had prepared, at its own expense, a concept design report for the provision of the services to the hospital.  The recommended options for providing water and sewer services are to extend a 200mm water main south from a point upstream of the Kingsworth Estate Reservoir and to provide a pressure sewerage system with a transfer main connected to an existing sewer rising main in Nursery Road.  The report has determined estimated costs as $760,000 for water and $450,000 for sewerage or a total of $1,210,000.  This estimate still has to be tested by a tender to a short list of capable contractors.

 

Representations have been made to both the Department of Industry – Water in Parramatta as well as the local Coffs Harbour based Department representative.  The view of the Department of Industry representative was that under the Programs probity requirements an application pertaining to the provision of water and sewerage to a new hospital would be treated no differently to an application to service a new shopping centre!

 

Representations have also been made to the Member for Oxley who has indicated that funding could be made available by Health Infrastructure.  Whilst this is a generous response based on previous advice it is likely to mean that the hospital’s global budget of $73m would suffer.

 

In relation to the determination by the SSWP Technical Review Panel, Council’s application pertained to spending $600,000 of its own money supporting State Government infrastructure.  And this commitment was made by one of the most disadvantaged councils in NSW.  In terms of an adverse precedent for other disgruntled applicants to complain about, there is plainly none.

 

This funding knock-back was received in the same week the State Government announced it would contribute $50m to MidCoast Council over 5 years as $ for $ support to that Council’s special rate variation to address, according to its Mayor, “a generational backlog of roadworks”.  There was no mention of the probity process which applied to this funding.

 

In the circumstances that Council will shortly need to commit to a tender for the construction of the water and sewerage services to the new hospital, an identical application for funding has now been lodged under the State Government’s Growing Local Economies Program.  Should this funding application fail the Council should call on Health Infrastructure to fund the balance of the $600,000 as a financial commitment by this Council of $1.2m to support State Government infrastructure is excessive and unjustifiable.

 

 

CONSULTATION:

 

There has been consultation as indicated in the report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The Council has taken a collaborative approach in assisting the State Government provide a new Macksville hospital on the basis that with a global budget of $73m any savings can be used to improve the finish and fit-out of the facility.

 

Economic

 

There are no economic implications.

 

Risk

 

The risks mainly pertain to Council not receiving $ for $ grant funding to assist in financing the estimated $1.2m cost.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council’s budget for 2018/19 assumes (includes) grant funding for half the estimated capital cost being $600,000 of the estimated $1,200,000 project cost.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

Service level changes and resourcing/staff implications

 

There is no service level or staffing implications.  The Council will have an increased network of water and sewerage infrastructure to maintain but

 

Attachments:

1

19757/2018 - Advice of unsuccessful application - Safe and Secure Water Program

 

  


Ordinary Council Meeting - 14 June 2018

Safe and Secure Water Program - Funding for Water & Sewerage to New Macksville Hospital

 


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager's Report

ITEM 9.5      SF1856            140618         Accounting for Rural Fire Service, State Emergency Services and Surf Life Saving Assets

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council provide the NSW Auditor-General with a copy of this report and advise the Auditor-General that if the differences in reporting arrangements for emergency services assets across NSW councils are not resolved in 2018 that Nambucca Shire Council will investigate an accounting policy for the removal of those assets from its assets schedule.

 

 

OPTIONS:

 

Council can make representations as its sees fit.

 

DISCUSSION:

 

Nambucca Shire Council has previously put motions to the Local Government NSW Annual Conference in relation to the transfer of Rural Fire Service (RFS) into their ownership.  At the 2017 conference there was a resolution from a motion by Bega Valley Council which “bundled” this Council’s motion with similar and like motions from other councils.

 

The resolution from the Bega motion asked how the Government proposes to work with the Office of Local Government, Treasury and the Auditor General to amend the Local Government Code of Accounting Practice to exclude from councils’ financial statements the value of all Rural Fire Service (RFS), State Emergency Services (SES) and Surf Life Saving (SLS) assets.

 

Local Government NSW wrote to the Minister for Police and Minister for Emergency Services, the Hon. Troy Grant concerning the matter on 1 March 2018.  A copy of the letter from President, Cr Linda Scott is attached.

 

The Minister has now responded and his reply is attached.

 

The response notes that, “officers from the Office of Local Government, NSW Treasury and the agencies should continue to discuss this issue, with a view to addressing concerns raised and resolving these concerns.  However, as this is a complex matter with many impacts and disparate views among stakeholders, it may be a while before a resolution is achieved.”

 

Given RFS assets are no longer accounted for in about half the councils in NSW and that the failure of any government agency to account for those assets is arguably the most significant finding of the Auditor-General’s audits of NSW local government for the 2016/17 financial year, it is inconceivable that its resolution can drag on for an indeterminate period.  The issue is not complex in terms of the application of proper accounting standards.  The implications arising from the application of those standards may be complex but the approach should not be to adjust the accounting standards to suit the preferred result.  It could be said that this was a causative factor for the current mess.

 

CONSULTATION:

 

There has been consultation with the Mayor.

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The current situation with financial statements for NSW councils wherein some councils account for emergency services assets and some don’t makes a mockery of the “Fit for the Future” financial performance ratios and the many hours Council staff spend in ensuring the Statements are an accurate assessment of this Council’s financial standing and its performance relative to other councils.

 

The fact that Council was unable to obtain from the RFS an invoice for a $60,000 vehicle which was acquired by them is also an indicator of the current failures in governance and financial reporting for emergency services.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impacts.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Not accounting for emergency services assets will reduce resourcing requirements.

 

Attachments:

1

20024/2018 - Letter to Minister for Police and Minister for Emergency Services

 

2

20025/2018 - Letter from Hon. Troy Grant

 

  


Ordinary Council Meeting - 14 June 2018

Accounting for Rural Fire Service, State Emergency Services and Surf Life Saving Assets

 


 


 


Ordinary Council Meeting - 14 June 2018

Accounting for Rural Fire Service, State Emergency Services and Surf Life Saving Assets

 


 


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager's Report

ITEM 9.6      SF638              140618         Valla Community Pre-School Inc. - Renewal of Licence Agreement to Occupy Land

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        That Council enter into a new 3 year licence agreement with the Valla Community Pre-School Inc. with similar terms to the previous licence including that the rent be indexed by the CPI and that Council notify the Valla Beach Community Association of this action.

 

2        That Council’s seal be attached to the licence documents as required.

 

 

OPTIONS:

 

Council can alter the terms of the licence agreement.

 

 

DISCUSSION:

 

A licence agreement between Council and the Valla Community Pre-School Inc. for the occupation of Part Lot 8 in DP 821952, being the Valla Beach Community Pre-School expired on 1 April 2018.

 

The Pre-School has requested that existing licence be renewed, with the only change being that the gardens to the east of the preschool fence are no longer a community garden and are utilised by the Pre-School only.

 

It is recommended that Council renew the licence agreement for a three (3) year period.

 

 

CONSULTATION:

 

There is proposed to be consultation with the Valla Beach Community Association which invoices the Pre-School for the licence rent.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 


Risk

 

The licence agreement requires that the Pre-School have in place a public risk insurance cover of $20m.

 

There are no significant risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The Valla Beach Community Association issues an invoice for the annual licence rent.  The rent forms part of the income of that Committee of Management which in turn contributes to the various works the Committee undertakes on behalf of the residents of Valla Beach.  For Council’s information then for the first year of this new licence period will be $969.38 plus GST.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact on service levels.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager

ITEM 9.7      DA2017/291      140618         Development Application DA2017/291 - 3 Adin Street Scotts Head

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

Council granted development consent DA2017/291 at its meeting on 17 May 2018 subject to the conditions outlined within attachment 6. The proposed development includes the the demolition of the existing structures at 3 Adin Street, Scotts Head and the construction of shop top housing. Copies of the approved plans have been included within attachment 2.

 

The applicant has now lodged an application for a review of the determination in accordance with section 8.3 of the Environmental Planning and Assessment Act 1979 (the act). The application is attachment 7.

 

The application is being referred to Council for determination because Council determined the original development consent and in accordance with section 8.3 (6) of the Act, only Council can determine the application.

 

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

 

 

Recommendation:

 

That Council as the consent authority, pursuant Section 8.4 of the Environmental Planning and Assessment Act 1979, confirm the approval of development consent DA2017/291 for shop top housing at Lot 15 Sec F DP 20823 3 Adin Street, Scotts Head, subject to a change in the conditions of consent as per attachment 1 of this report.

 

 

OPTIONS:

 

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

(b)        Refuse consent to the development application.

 

DISCUSSION:

 

Subject Site

 

The subject site is 3 Adin Street, Scotts Head being Lot 15 Sec F DP 20823. It is located within the B4 Mixed Use Zone under the Nambucca Local Environmental Plan 2010. The site is rectangular in shape and is sloped down towards the north-western boundary which fronts Adin Street. The site contains an existing dwelling house and detached garage, with surrounding development comprising commercial uses directly to the south-west along Adin Street, residential development, a caravan park, and public open space (recreational areas).

 


 

Locality Plan

 

Proposed Development

 

The proposed development seeks approval for the demolition of the existing structures on the site and the construction of shop top housing comprising.

·      Two retail premises including a drive through bottle shop and a café.

·      Two first floor dwellings.

The site is proposed to be levelled, with all cuts retained by retaining walls.

 

A copy of the approved development plans have been included within attachment 2, statement of environmental effects within attachment 3, and traffic impact assessment within attachment 4.

 

The subject application to review development consent DA2017/291 specifically requests the review of some of the conditions of the consent. The applicants request has been included within attachment 7. However, please note that a review application as lodged under section 8.3 of the Act allows Council to review the whole consent, not just the conditions requested. This means that Council could chose to modify any component of the consent and also change the determination to refusal. The conditions requested to be reviewed by the applicant are as follows:

 

Condition 9 – This condition requires all waste to be stored within bins in the enclosures illustrated on the approved plans and requires all bins to be collected by vehicles parked wholly within the subject land. The reason for this condition was to ensure that the storage of bins on the land did not result in any visual impacts when viewed from outside the site and to minimise conflict with traffic/pedestrians on Adin Street by removing the need to have bins stored on the footpath for collection.

 

Due to the widths of the proposed driveways the development site only has 5m of its frontage available for the storage of bins for collection, which is not wide enough to store all bins associated with the development. Having regard to this and the ongoing issues Councils waste contractors have in other commercial areas of the Shire with regards to collecting bins which are obstructed/causing an obstruction; it is considered appropriate that all waste be collected from within the development site.

 

The applicant has requested that this condition be amended to enable the two proposed dwellings to be able to store their bins on the public footpath for collection. For the above mentioned reasons, it is not considered appropriate for bins to be stored on the footpath for collection when there is an alternative which results in no greater impact on the public or the applicant. This is because the two dwellings waste can be collected by the developments contractor from within the development site at the same time the waste for the commercial component is being collected. This would not result in any greater traffic impacts than what would already occur and would alleviate the need for any bins to be stored on the public footpath.

 

It should also be noted that if the proponent was to have the bins for the two dwellings collected separately by Councils contractor from the public footpath, it would result in an increase of $1,086 to the land owner’s annual rates charges compared to the alternative of having the waste collected at the same time as the developments commercial waste.

 

Having regard to the above, it is not recommended to alter condition 9 aside from a minor typographical error. 

 

Condition 22 – This condition requires a structural report to be conducted on buildings within the vicinity of the site. The applicant seeks to amend this condition by specifying what specific buildings are required to be reported on. There is no objection to the amendment suggested by the applicant subject to the inclusion of the newly constructed commercial building and retaining wall directly adjacent to the sites dividing boundary with 5 Adin Street. The retaining wall supports a section of the land proposed to be excavated by the proposal (no authority has been provided by the adjoining land owners for its removal) and the footings for the proposed building will need to be excavated directly adjacent to those of the adjoining building. The necessary amendments have been included within the recommended schedule of conditions contained within attachment 1.

 

Condition 23 – This condition requires the provision of a vehicle wash bay for residents of the development. The applicant has sought for the condition to be deleted.

 

The intent of the condition was to provide vehicle washing facilities for residents of the development by providing a hose at the rear parking area for each resident to wash their vehicles in their relevant parking space. It was also intended that the run off from vehicle washing activities be treated prior to exiting the site. No additional dedicated spaces are required.

 

However, given the applicants request, that there are only two dwellings proposed as part of the development and that conditions have been included within the consent requiring the onsite treatment of stormwater (any runoff will enter onsite stormwater measures), it is not considered necessary to force this requirement on the proponent.

 

As such, it is recommended that this condition be deleted.

 

Condition 29 – This condition requires a bond to be paid as security for any damage to public land as a result of undertaking the development with regards to the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other Council assets. It also requires the submission of a report prior to the commencement of any works which documents the condition of surrounding public land and infrastructure.

 

The applicant seeks to amend the condition by specifying that they are only responsible for damage to any roads, kerb and gutters, footpaths, driveway crossovers or other Council assets “in the immediate vicinity of 3 Adin Street”.

 

The proposed amendment is vague. For clarity, it is recommended that the condition be amended to identify what areas the report is required to address. That way Council will have clear record of the condition of the areas most likely to be affected and can still utilise the bond for any damage elsewhere where it can be proved that traffic/works associated with the development caused the damage.

 

Having regard to the above, the necessary amendments have been included within the recommended schedule of conditions contained within attachment 1.

 

Condition 50 – This condition requires an access and parking management plan to be submitted to and approved by Council prior to the issue of an occupation certificate or occupation of the development (whichever occurs first). The condition specifies that the plan must provide for the management of the loading zone, relevant parking bays which some delivery vehicles are reliant on to manoeuvre within, as well as the responsibility to provide spotters for vehicles reversing into the development from Adin Street.

 

The applicant has requested confirmation as to whether or not section 6.7 of the traffic impact assessment contained within attachment 4 satisfies the requirements. It is not considered that section 6.7 satisfies the requirements of the condition as it does not address condition 6 of the consent, it does not specify that reversing out onto Adin Street is prohibited, and does not provide for spotters when the truck is entering the site. It is also considered that the plan should be an individual document so that it can easily be referenced by staff and delivery drivers for the ongoing use of the development.

 

During the review it was also identified that a condition was not included within the original consent prohibiting the construction of the proposed planter box/garden on the public foot path. A condition to this effect has been included within the recommended schedule of conditions contained within attachment 1.

 

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

 

Section 1.7 - Application of Part 7 of Biodiversity Conservation Act 2016 and Part 7A of Fisheries Management Act 1994

 

It is considered that sufficient information is available to satisfy Council that the proposed development will not be contrary to the matters for consideration outlined in this section subject to the recommended conditions of consent. As such, it is not considered that the proposal will have any significant effects on threatened species, populations, communities or their habitats.

Section 4.14 - Consultation and development consent—certain bush fire prone land

 

The proposal will not be contrary to Planning for Bushfire Protection 2006.

Section 4.15(1) In determining a development application a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

 

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

 

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

 

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

 

Clause

Complies

Comments

2.3 - Zone objectives and land use table

Yes

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

4.3 - Height of buildings

Yes

The proposal does not exceed the 10m maximum building height specified for the land.

5.5 - Development within the coastal zone

Yes

Subject to the conditions of consent, the proposed development will not result in any significant impacts on the coastal environment.

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

Yes

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

7.4 - Public utility infrastructure

Yes

The proposed development will be connected to reticulated sewer, water and power.

7.6 - Earthworks

Yes

The proposed earthworks will not impact significantly on surface water flows, will not result in any significant impacts on the future uses on the land or redevelopment, will not impact any contaminated soil or the amenity of surrounding properties, is unlikely to disturb any relics, and appropriate erosion control measures have been included within the recommended conditions of consent.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

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

 

State Environmental Planning Policy

Complies

Comments

SEPP 55 - Remediation of Land

Yes

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

SEPP 62 - Sustainable Aquaculture

Yes

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

SEPP (Coastal Management) 2018

Yes

The proposal is considered to be consistent with the relevant matters for consideration outlined in Part 2 because it will not result in any significant impacts on the coastal environment, values, or processes; and it will not adversely affect vegetation, undeveloped headlands, rock platforms, existing public open space, safe access within the coastal zone,  archaeological significance, use of the surf zone, scenic qualities, overshadowing, wind funneling or the loss of views from public places to foreshores.

SEPP (Building Sustainability Index: BASIX) 2004

Yes

A valid BASIX certificate No 892313M, issued on 21 December 2017, was lodged with this application. A condition requiring the development to meet the commitments of this BASIX certificate is included in the conditions of consent.

 

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

 

There are no draft environmental planning instruments relevant to the proposed development.

 

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

 

NAMBUCCA DEVELOPMENT CONTROL PLAN 2010

 

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

 

NAMBUCCA DCP 2010

Complies

Comments

Notification and advertising (Part A)

Yes

The application was notified in accordance with Part A of the DCP. Two submissions were received and have been included within attachment 5.

Environmental context (Part A)

Yes

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

Car Parking & Traffic (Part C)

Yes

Under clause C2.6, loading and unloading facilities are to be provided to Councils satisfaction. Deliveries to the proposed development will include the use of heavy rigid vehicles to service the proposed bottle shop. Given these vehicles will be delivering pallets of product to the bottle shop and due to the location of the site within Adin Street; onsite loading/unloading is considered to be the only satisfactory location for these facilities. This is recognised by the applicant with the provision of a loading zone onsite as part of the proposed development.

However, the design of the proposed development does not allow these service vehicles which are to park in the loading zone the ability to manoeuvre on site to enable them to enter and exit in a forward direction. This is contrary to clause C2.7.1. This will result in these service vehicles having to either reverse from Adin Street into the site or out of the site onto Adin Street. This will result in potential safety implications which are contrary to the objectives of the control.

The ability to provide manoeuvring areas for vehicles to enter and exit Adin Street in a forward direction was removed as a consequence of the recent determination of development consent DA2016/142 for the commercial development on the adjoining property. Council’s decision to reject this development control in that determination has essentially made the development control redundant. Instead, the only practical way forward is to accept the applicant’s alternate solution to compliance with the development control in accordance with s4.15(3A) of the act, which is the preparation of an ‘Access and Parking Management Plan’. Given the precedent set by Councils previous decision, failure to accept the applicant’s alternate solution would be likely to be overturned by the court as part of any appeal.

As such, a condition has been included within the recommended conditions of consent requiring the implementation of an ‘Access and Parking Management Plan’.

The relevant floor areas of the proposed mixed use development are:

Drive in Liquor – 128m²

Café – 47.5 m²

Dwellings – 1 @ 87m² and 1 @ 85m²

The applicant has stated that the 2 drive through lanes are not ‘browse lanes’. This means that the 6 spaces required by the DCP for a ‘browse lane’ would not be required and the 2 drive through lanes are serviced by staff.

Having regard to the above, the following parking spaces are required to be provided on site:

Drive in Liquor – 3.2 spaces for the floor area + 1 space for 2 employees = 5 spaces (rounded up)

Café – 1.58 spaces = 2 spaces (rounded up)

Dwellings – 3 spaces + 0.4 visitor spaces = 4 spaces (rounded up).

Total parking spaces required = 11

The proposed development includes the provision of 12 onsite parking spaces including 1 disabled space. However, 2 of these spaces are within a proposed loading zone which is considered to be unacceptable as the proposed loading zone is the only area on the site where a vehicle can park outside the designated parking spaces without creating an obstruction. Although some delivery vehicles will be required to access the site during restricted times (conditions of consent), there will still be potential for other service vehicles to access the site during business hours.

The applicant has stated that the proposal only requires 8 parking spaces. This is due to errors with the calculation of floor space ratio; most notably calculating the dwellings parking spaces based off a floor area of less than 85m² when the proposed floor areas are greater than 85m² which triggers an increased parking requirement. Given the proposal only exceeds the 85m² trigger point by 2.02m² it is considered practical for the proposal to be amended to reduce the dwelling floor areas to below 85m² to ensure compliance with this part. This will result in no reliance on parking within the loading zone to comply with this part. A condition to this effect has been included within the recommended conditions of consent.

Furthermore, a condition has been included requiring the management of the loading zone to enable it to be available for use by all delivery vehicles to ensure all loading/unloading occurs within the development site in a manner which does not create obstructions. This will enable the site operators to utilise the loading zone for parking by customers if they wish, as long as appropriate management is provided which ensures it is clear for service vehicle use when required. This still provides the operators with the ability to prohibit parking in the loading zone if they wish.

Sediment and erosion control (Part D)

Yes

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

Signage (Part E)

Yes

Signage was not proposed as part of this development.

Residential developments (Part H)

Yes

With regards to compliance with this part, the following matters are raised:

·  The proposed rear setback does not comply with the 6m minimum control. However, given the design of the adjoining property to the rear, this proposed variance is considered acceptable as it will not result in any adverse impacts on the amenity of the surrounding area.

·  While the separation of the deck/windows of unit 2 from the existing dwelling at 1 Adin Street does not comply with this part, it is proposed to include a 1.8m high privacy screen along the side of the deck to screen views. This is considered to be a reasonable means of eliminating privacy impacts.

·  There are no existing fixed awnings within Adin Street.

·  To achieve the desired development potential of the site it is not considered practical to achieve a 25% deep soil zone. As part of the recommended conditions of consent, the development will be required to implement stormwater detention and treatment devices to ensure it is consistent with the objectives of the clause. It is to be noted that the site is opposite the Village Green.

·  Excavated areas will be confined to the site, with retaining structures certified by Engineers (conditioned).

·  The proposed 2.7m commercial ceiling height does not comply with the 3.5m requirement. This proposed variance is considered acceptable as it will not adversely alter the sense of space in the building as well-proportioned rooms will still be provided which will comply with the BCA.

 

Waste Minimisation and Management (Part N)

Yes

Sufficient room has been provided for the storage of waste bins. Given the nature of Adin Street and the limited frontage the site has to Adin Street once access ways are excluded; it is considered inappropriate for waste to be collected from the road reserve. As such, a condition has been included within the recommended conditions of consent which requires all waste to be collected on site.

 

(a) (iiia) Any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4.

 

There are no planning agreements applying to the subject site.

 

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

 

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

 

Clause

Complies

Comments

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

Yes

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

Clause 92(1)(b) — For development involving building demolition, refer AS 2601

Yes

A condition has been included within the consent requiring any demolition works to be undertaken in accordance with AS2601.

 

(a) (v) any coastal zone management plan

 

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

 

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

 

Subject to the recommended conditions of consent and as addressed elsewhere in this report; it is not considered that the proposal will result in any significant impacts on the natural or built environments or any social or economic impacts on the locality due to its scale, location and consistency with surrounding uses.

(c)      The suitability of the site for the development

 

Subject to the recommended conditions of consent and as addressed elsewhere in this report; it is considered that the site is suitable for the proposed development because it will not result in any significant impacts on the natural, social, or economic environments.

 

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

 

Two submissions were received during the notification of the development application in accordance with the Nambucca Development Control Plan 2010 with the following matters raised:

 

Summary of Matters Raised in Submissions

Reporting Officers Comment

Comments regarding previously proposed service laneway for vehicles servicing the proposed development and the adjoining development at 3 & 7 Adin Street (DA2016/142).

As part of Councils recent determination of an application to modify DA2016/142, approval was given to the removal the service laneway, with permission given to heavy vehicles reversing into the development site from Adin Street. As such, the subject DA has not been amended as there is no longer opportunity to provide the service lane.

Comments regarding components of DA2016/142.

There matters are not relevant to the subject DA.

 

(e)     The public interest

 

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

 

Section 7.11 - Contribution towards provision or improvement of amenities or services

 

Development Contribution Plan

Applicable

N/A

Contribution Amount

Community Facilities and Open Spaces

x

 

$1,747.00 existing credit

2 x 2 bed units = $2,186.00

Total = $2,186.00 - $1,747.00 = $439.00

Local Roads & Traffic Infrastructure

x

 

$4,034.00 existing credit

2 x 2 bed unit = $5,378.00

Total = $5,378.00 - $4,034.00  = $1,344.00

Surf Lifesaving Equipment

x

 

$116.00 existing credit

2 x 2 bed units = $168.00

Total = $168.00 - $116.00 = $52.00

Mines and Extractive Industries

 

x

 

Upper Warrell Creek Overbridge

 

x

 

Upper Warrell Creek Road

 

x

 

Smiths Lane Upgrade

 

x

 

Section 94A Development Contribution Plan

 

x

 

Administration 

x

 

10% of the above contributions = $183.50

 

Section 64 – Construction of Works for Developers (Local Government Act 1993)

Section 64 of the Local Government Act 1993 enables council to levy developer charges for water supply, sewerage and stormwater. This derives from a cross-reference in that Act to Section 306 of the Water Management Act 2000.

 

Development Servicing Plan

Applicable

N/A

Contribution Amount

Water Supply

x

 

Existing 1ET credit = $12,974.00

2 x 2 bed units = $7,784.40 (0.6ET) x 2 = $15,568.80

Bottle shop = $0 (0.00ET) x 128 (m²) = $0.

Café = $129.74 (0.01ET) x 47.5 (m²) = $6,162.65.

Total = $21,731.45 - $12,974.00 = $8,757.45

Sewerage

x

 

Existing 1ET credit = $17,137.00

2 x 2 bed units = $12,852.75 (0.75ET) x 2 = $25,705.50

Bottle shop = $0 (0.00ET) x 128 (m²) = $0.

Café = $171.37 (0.01ET) x 47.5 (m²) = $7,711.65.

Total = $33,417.15 - $17,137.00 = $16,280.15

 

 

CONSULTATION:

 

Senior Town Planner, General Manager, Manager Technical Services, and Councillors with regards to the previously recommended service laneway.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Addressed within the above report.

 

Social

 

Addressed within the above report.

 

Economic

 

Addressed within the above report.

 

Risk

 

Addressed within the above report.

 

 

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

N/A

 

Attachments:

1

19736/2018 - Attachment 1 - Schedule of Conditions

 

2

19602/2018 - Attachment 2 - Approved Plans

 

3

16130/2018 - Attachment 3 -   Statement of Environmental Effects

 

4

16209/2018 - Attachment 4 - Traffic Impact Assessment

 

5

16128/2018 - Attachment 5 - Submissions

 

6

19603/2018 - Attachment 6 - Development Consent

 

7

19604/2018 - Attachment 7 - Applicants Request for Review

 

  


Ordinary Council Meeting - 14 June 2018

Development Application DA2017/291 - 3 Adin Street Scotts Head

 

ATTACHMENT 1 - SCHEDULE OF CONDITIONS

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plan(s)

 

1.       The development is to be implemented in accordance with the plan(s) endorsed with the Council stamp, dated 21/5/18 and set out in the following table except where modified by any conditions of this consent.

 

Plan Title/Description

Sheet. No

Prepared by

Dated

Site Plan

35.01.1

Keith Eric Knight Design Studios

6/7/17

Upper Floor Plan

35.02.2

Keith Eric Knight Design Studios

14/12/17

Roof Plan

35.04.2

Keith Eric Knight Design Studios

14/12/17

Elevations

35.07.1

Keith Eric Knight Design Studios

12/10/17

Elevations

35.07.2

Keith Eric Knight Design Studios

12/10/17

Sections

35.06.1

Keith Eric Knight Design Studios

12/10/17

 

In the event of any inconsistency between conditions of this development consent and the plan(s) referred to above, the conditions of this development consent prevail.

 

Retaining Walls

 

2.       Retaining walls within 1m of the lot boundary, greater than 600mm above existing ground level, or within 2m of another retaining wall/structural support require a Construction Certificate and Occupation Certificate.  All works associated with such retaining walls eg backfill, drainage, supporting footing shall be wholly contained within the allotment boundary.

 

Annual Fire Safety Statement

 

3.       The owner of the premises must provide an annual fire safety statement to Council and the Fire Commissioner. An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that:

a        each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing to a standard no less than that specified in the current fire safety schedule,

b        the building has been inspected by a properly qualified person and was found, when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under Division 7 of the Environmental Planning and Assessment Regulation 2000.

 

Availability of Car Parking Spaces

 

4.       Tenants and customers of the development must have unrestricted access to the car parking spaces on a daily basis during business hours of the development.

 

No car parking spaces are to be reserved (generally or specifically) for any tenant or customer. Only car parking spaces required for the residential component of the development are to be reserved and made available for particular residents.

 

Operation of car parking area

 

5.       All car parking spaces are to be provided and maintained, together with all necessary access driveways and turning areas, to the satisfaction of Council. All driveways and turning areas must be kept clear of obstructions that prevent compliance with this condition.

 

Loading and unloading not to occur on the street

 

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

 

Access to the site for deliveries is to be confined to between 7.00 am and 7.00 pm daily. Vehicles which cannot enter and exit the subject land in a forward direction from Adin Street are to be restricted to no more than 2 per week between 6-7am. In this regard, a sign clearly indicating the delivery times is to be displayed at the entry to the development.

 

Maintenance of gross pollutant trap

 

7.       The basin of the outflow control pit and the debris screen must be cleaned of debris and sediment on a regular basis by the owner.

 

Mechanical Equipment Noise

 

8.       All mechanical equipment is to be adequately located/soundproofed so as not to create offensive noise as defined by the Protection of the Environmental Operations Act 1997 and supporting regulations.

 

Waste Collection

 

9.         All waste bins are to be stored on the subject land within screened enclosures as illustrated on the approved plans and are to be managed so as not to cause offensive impacts on surrounding residents. All waste not kept within the buildings must be located within the bins. If more than 50 litres per day of meat, seafood or poultry waste is generated from the development, the waste must be collected on a daily basis or must be stored in a dedicated and refrigerated waste storage area until collection.

 

All waste must be collected from vehicles parked wholly within the subject land. Waste collection must occur within reasonable hours so as not to cause unreasonable impacts on the amenity of surrounding development.

 

Advertisements and Advertising Structures

 

10.     No advertisements or advertising structures other than that which are permissible without consent are to be erected as part of the approved development until a formal application has been submitted to Council and development consent has been issued.

Note: Advertisements and advertising structures which are permissible without consent are outlined in Schedule 2 of the Nambucca Local Environmental Plan 2010 and within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

Safer by Design in Business Areas

 

11.     Windows fronting the pedestrian walkways on each elevation (front and side) shall use and maintain transparent clear glass and not be covered or obstructed with any medium that prevents surveillance and visibility.

 

Site Drainage

 

12.     Do not re-direct surface water onto adjoining private land. Alterations to the surface contours must not impede or divert natural surface water run-off, so as to cause a nuisance to adjoining property owners or create an erosion or sediment problem.

 

Size of residential units

 

13.     The gross floor area of each shop top dwelling is to be less than 85m2.

 

Planter Box/Garden

 

13a.   The section of the planter box/garden on the Adin Street road reserve is not permitted as part of this consent and must be relocated within the subject land.

 

 

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

 

On-Site Stormwater Detention

 

14.     Stormwater drainage is to be designed to direct all water to a Council approved drainage system to prevent discharge runoff onto adjoining land. The drainage system is to be designed for 1 in 20 year storm event. On-site stormwater detention is required, restricting stormwater discharge to the pre-development runoff rate, for a 1 in 5 year storm event. This system must be designed in accordance with AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage. All piped drainage lines over adjoining land are to be located within drainage easements. All costs are the responsibility of the proponent.

 

Provision shall be made for onsite treatment of stormwater prior to discharge to Council’s piped drainage system where that runoff is from areas other than roofs. The proposed method of stormwater treatment shall be approved by Council and may consist of standard oil/sediment traps, grass filters, infiltration areas or combinations of these arrangements.

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer and submitted to Council for approval prior to the issue of any constructioncertificate. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

Trade Waste Section 68 Approval

 

15.     An approval under Section 68 of the Local Government Act 1993 to discharge liquid trade waste into Council’s sewer from the proposed café must be obtained prior to the issue of a Construction Certificate. The application is to be consistent with Council’s Liquid Trade Waste Management Policy and is to include details of appropriate liquid trade waste pre- treatment facilities.

 

Long Service Levy

 

16.     A Long Service Levy must be paid to the NSW Long Service Corporation prior to the issue of a Construction Certificate. In accordance with clause 14 of the Building and Construction Industry Long Service Payments Regulation 2011, the amount payable at the date of this consent is 0.35% of the estimated cost of the work. This is a State Government Levy and is subject to change.

Note: These payments may be made at Council’s Administration Office. All cheques are to be made payable to Nambucca Shire Council.

 

Driveway and Car Parking Plans

 

17.     The application for a Construction Certificate is to include plans and specifications that indicate vehicular access from the site boundary to the proposed car space(s). Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street Car Parking No 1. Plans are to include the following items:

 

a        Pavement description (grades exceeding 15% must be sealed);

b        Site conditions affecting the access;

c        Existing and design levels;

d        Longitudinal section from the road centreline to the car space(s);

e        Cross sections every 20 metres;

f        Drainage (open drains, pipes, etc), including calculations and catchment details;

g       Minimum 3m wide. Paving to be 125mm thick reinforced with construction joints to suit service trenches; and

h       The footpath crossing must be designed to provide a cross-fall of 1% or 1:100 (maximum 2.5% or 1 in 40) for a width of at least 2.4 metres to provide for pedestrians with access disabilities.

i        A clearance height 2.2m for all internal car parking areas. Where disabled parking is to be provided a minimum clearance height of 2.5m is required. Building elements such as pipes, ducts, conduits and beams are not to encroach below the specified clearance height;

j         Turning paths; and

k        Line marking and signs.

 

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

 

Section 64 Contributions

 

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

 

Public service

No of Equivalent Tenements

Contribution Rate (Amount per ET)

Contribution Levied

Date until which Contribution rate is applicable

Water

0.675

$12,974.00

$8,757.45

30 June 2018

Sewer

0.95

$17,137.00

$16,280.15

30 June 2018

TOTAL

$25,037.60

30 June 2018

 

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Section 7.11 Contributions

 

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

 

Schedule of Contributions pursuant to Section 7.11 of the Environmental Planning and Assessment Act 1979

 

Contribution Plan

Unit type

No of Units

Contribution Rate (Amount per Unit)

Existing Credit

Contribution Levied

Date until which Contribution rate is applicable

Community Facilities and Open Space

Bed

2

$1,093.00

 

$1,747.00

$439.00

30 June 2018

Local Roads & Traffic Infrastructure

Bed

2

$2,689.00

 

$4,034.00

$1,344.00

30 June 2018

Surf Life Saving Equipment

Bed

2

$84.00

$116.00

$52.00

30 June 2018

Section 94 Administration Charge

10% of the above contributions

$183.50

30 June 2018

TOTAL

$2,018.50

30 June 2018

 

Access and Facilities for Disabled

 

20.     The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with Disability (Access to premises – Buildings) Standards 2010, AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.

 

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

 

Geotechnical Report

 

21.     Prior to the issue of a Construction Certificate, certification from a professional Engineer experienced in geotechnical investigations is to be provided to the Principal Certifying Authority, certifying that:

a        The design of the civil engineering works, including retaining walls and/or cut & fill batters, has been assessed as structurally adequate;

b        The civil engineering works will not be affected by landslip or subsidence either above or below the works;

c        Adequate drainage has been provided in the design; and

d        Suitable measures/methods will be implemented to ensure the stability of adjoining land and buildings will not be affected by the proposal.

 

Structural (Dilapidation) Reports

 

22.        A Structural Report detailing the existing condition of the adjoining buildings within immediate vicinity of the dividing boundary with the subject land at 1 & 5 Adin Street, 59 Waratah Street, and 4 Wallace Street shall be prepared and endorsed by a qualified structural engineer. The Structural Report shall detail the condition of the following adjoining buildings:

 

·      1 Adin Street – dwelling

·      5 Adin Street – Commercial building and block retaining wall along the dividing boundary with the subject land.

·      59 Waratah Street - shed/garage located in the north western corner.

·      4 Wallace Street - Carport structure located along the northern boundary.

 

The Report shall be submitted to and approved by Council prior to the issue of the Construction Certificate.

 

A second Structural Report shall be prepared by a suitably qualified person at the completion of the works to ascertain if any structural damage has occurred to the adjoining buildings, infrastructure and roads. This Report shall also be submitted for approval by Council and should be compared with the earlier report to ascertain if any change has occurred.

 

If the person preparing the report is denied access to the adjoining buildings for the purpose of preparing the report, the report may be prepared from an external inspection of the building.

 

Vehicle Wash Bay

 

23.     Deleted.

 

Documentation Required Prior to Issue of Construction Certificate  

         

24.     The following documentation must accompany any application for a Construction Certificate application to Council:

 

·           Structural Engineer’s certified design for the proposed building(s).

·           Appropriate building work plans and specifications.

·           A plan(s) demonstrating that the gross floor area of each dwelling is less than 85m². The layout of each dwelling must not be inconsistent with the approved plans.

 

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

 

Construction Certificate

 

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

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

i         the Council, or

ii        an accredited certifier, and

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

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

ii        Notified Council of the appointment, and

iii       Notified the PCA that the person will carry out the building work as an owner-builder; or appointed a contractor for the building work who is the holder of a contractor licence if any residential building work is involved, notified the PCA of any such appointment, and notified the contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work; and

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

 

Residential Building Work

 

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

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

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

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

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

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

·          The name of the owner-builder, and

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

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

 

Site Construction Sign

 

27.     A sign must be erected before the commencement of the work in a prominent position within the frontage of the subject land:

 

a        Showing the name, address and telephone number of the Principal Certifying Authority for the work, and

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

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

 

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

 

Public Liability

 

28.     All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. A minimum of $20 million public liability insurance cover is to be maintained for the duration of the construction of the development by the person/company undertaking the works on the public road reserve. Council is to be nominated as an interested party on the policy. Council is not to be held responsible for any negligence caused by the undertaking of the works. A copy of the certificate of currency must be submitted to Council prior to the commencement of works.

 

Bond required to guarantee against damage to public land

 

29.     A bond of $10,000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure between the intersection of Adin Street and Waratah Street and 7 Adin Street. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets caused as a result of construction works under this consent.

 

This bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.

 

Erosion & Sediment Control

 

30.     Erosion and sedimentation controls are to be in place in accordance with the NSW Landcom publication “Managing Urban Stormwater: Soils and Construction – Volume 1, Landcom 2004” and the Nambucca Development Control Plan 2010 prior to the commencement of works. Particular attention is to be given to the provision of the following sediment and erosion control measures:

 

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

·           Temporary downpipes connected immediately after the roof has been erected;

·           Sediment fencing.

 

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

 

Notice of Plumbing Works

 

31.     The licensed plumber must submit a Notice of Works (NoW) to Council prior to any work being commenced on-site:

 

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

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

 

Toilet facilities

 

32.     Toilet facilities must be available at or in the vicinity of the work site before works begin at a ratio of one toilet plus one additional toilet for every twenty (20) persons employed at the site.  Each toilet must be:

a        A standard flushing toilet connected to a public sewer; or

b        Connected to an on-site effluent disposal system approved under the Local Government Act 1993; or

c        Be a portable hire toilet which is regularly serviced by the hire agent. All waste must be disposed of at lawful premises.

The availability of each toilet must be maintained until the works are completed.

 

Public Safety Management Plan

 

33.     Consent from Council must be obtained for a public safety management plan for those works within the road reserve pursuant to Section 138 of the Roads Act 1993. This public safety management plan is to include provision for (but not be limited to):

a        A pedestrian barrier, alternative footpaths and ramps as necessary;

b        The loading and unloading of building materials;

c        Parking space for tradesman’s vehicles, where such vehicles must be located near the site due to tools and equipment contained within the vehicle

 

Construction Traffic Management Plan

 

34.     Consent from Council must be obtained for a traffic management plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

 

The plan must incorporate measures to ensure that motorists using the road adjacent to the development and residents and pedestrians in the vicinity are subjected to minimal time delays due to the approved works.

 

The traffic control plan must be prepared by a suitably qualified and RMS accredited Work Site Traffic Controller.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Building Code of Australia

 

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

 

Demolition Works

 

36.     All demolition works are to be undertaken in accordance with the provisions of Australian Standard AS 2601-2001 “The Demolition of Structures”. Prior to the commencement of any demolition works, all services are to be disconnected and capped off.

 

Shoring and Adequacy of Adjoining Property

 

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

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

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

 

Construction Times

 

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

 

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

 

Construction Waste and Materials

 

39.     All construction waste must be contained on the subject land in a suitable waste enclosure and disposed of at a facility that may lawfully accept the waste. Building materials are to be delivered directly onto the subject land. Public roads and reserves are to be maintained clear of rubbish, building materials and all other items.

 

Maintenance of Erosion and Sediment Control Measures

 

40.     Erosion and sediment control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface. The measures must ensure that only clean stormwater leaves the site.

 

Discovery of a Relic

 

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

 

Plumbing Standards & Inspections

 

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

 

Works must only be installed by a licensed person and must be inspected and given final clearance from Council prior to issue of an Interim or Occupation Certificate.

The following inspections are required to be carried out by Council in regard to the installation of plumbing and drainage works:

 

a        All sanitary plumbing and drainage (under slab, connection to Councils sewer and all associated trenches).

b        All potable water supply plumbing (under slab, connection to Councils water supply and all associated trenches).

c        Completion of all plumbing and drainage works (Certificate of Compliance and Sewer Service Diagram required).

d        Rainwater supply.

 

Council requires a Certificate of Compliance for all rough-ins (pipework enclosed in wall cavities) to be supported by evidence of hydrostatic test of pipework. The Certificate of Compliance must be provided to Council prior to the issue of an Occupation Certificate.

Note: Council requires a minimum of 48 hours’ notice to undertake each inspection. You will need to quote your development application number when you contact Council to arrange your inspection and payment of inspection fee.

 

Driveway Inspections

 

43.     The following inspections are required to be carried out by Council in regard to driveway construction works within the public road reserve:

 

a        Pre and reo prior to undertaking concrete or bitumen sealing works; and

b        Final completion.

Note: Council requires a minimum 48 hours’ notice to undertake each inspection. Inspections are done on a Tuesday or Thursday between 7.30 – 12.00 and 1.30pm - 3.30pm preferably.  Inspections outside these times can be arranged in liaison with Council. You will need to quote your development application number when contacting Council to arrange an inspection and ensure all fees have been paid and a Certificate of Currency for Public Liability in the name of the company and/or person doing the work has been supplied to Council.

 

Driveway Works

 

44.     The work is to proceed as quickly as reasonably possible and is to be done in such a manner that the minimum of inconvenience to pedestrian or vehicular traffic is caused. Care must be taken for pedestrian safety both during and after construction.

Where any of the work involved in constructing the access is carried out on the roadway, appropriate signage and traffic control is to be provided. Applicants are to be familiar with and conform to the requirements of AS1742.3-2002, Traffic Control Devices for Works on Roads and in particular any traffic controllers are to possess a Traffic Control (Flagman) Certificate.

Any works on a Public Road Reserve are classified as High Risk Construction as defined in the Work Health and Safety Act 2011.  All works is to be carried out in accordance with this Act and Work Health and Safety Regulation 2011 copies of which may be obtained from WorkCover.

For the purposes of the Work Health and Safety Act 2011 “the applicant” will be the Principal Contractor.

 

Backflow Prevention

 

45.     Backflow prevention devices shall be installed appropriate to the hazard rating for the approved land use, in accordance with the current edition of AS/NZS 3500.1, the Plumbing and Drainage Act 2011 and the Plumbing Code of Australia.

 

Details of the proposed backflow prevention devices shall be provided to Council for approval prior to connecting to the water supply.

 

Removal of Asbestos

 

46.     All asbestos removed as part of the proposed development must be disposed of in accordance with the requirements of SafeWork NSW and Australian Standard AS 2601-2001 “The Demolition of Structures”. The consent holder must provide documentary evidence that this condition has been complied with.

Note: Council requires 48 hours’ notice prior to disposal at Council’s waste disposal facility.

 

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

 

Occupation Certificate

 

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

Note: A copy of any relevant Fire Safety Certificate and compliance certificates must be provided to Council prior to undertaking the final building inspection. Fire Safety Certificates are not required for Class 1a and Class 10 buildings (dwelling houses, ancillary sheds, etc.)

 

Works to be Completed

 

48.     All of the works required by this development consent, including any other certificates/approvals that are necessary for the completion of this development, are to be completed prior to the issue of an Occupation Certificate or occupation of the development (whichever occurs first).

 

BASIX Certification

             

49.     The development must be implemented and all BASIX commitments thereafter maintained for the life of the development in accordance with BASIX Certificate No(s) 892313M.

 

Access and Parking Management Plan

 

50.        An access and parking management plan must be submitted to and approved by Council prior to the issue of an occupation certificate or occupation of the development (whichever occurs first). The plan must include the following:

·      Management of the loading zone to enable it to be available for use by all delivery vehicles to ensure all loading/unloading occurs within the subject land in a manner which does not create obstructions.

·      Management of relevant parking bays to facilitate onsite manoeuvring of delivery vehicles where possible.

·      The facilitation of spotters to provide guidance to delivery drivers and the general public when vehicles are required to reverse into the subject land. No approval is given to reversing out of the development site.

·      Compliance with condition 6.

 

Sewer and Water Connection

 

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

 

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

 

Damage to Council’s Infrastructure

 

52.     Where any damage occurs to Council’s infrastructure during construction, such as kerb and gutter, footpaths, inlet pipes, etc, fronting the development site, the principal contractor shall replace or make good the damaged infrastructure prior to occupation of the development. Approval from Council must be obtained for all works on public land.

 

Street Number

 

53.     The street number for this property is 3.  The number must be displayed within the frontage of the subject so that it is visible from the public road. The number must be maintained for the life of the development.

 

Privacy Screening

         

54.     A privacy screen is to be located along the north-eastern edge of the Unit 2 deck and maintained for the life of the development. The privacy screen must face the north-eastern side boundary, be 1.7 metres high (measured from the deck’s floor level), have no individual opening of more than 30mm wide and the total of all openings be less than 30% of the surface area of the screen.

 

Fire Safety Certificate

 

55.     A Fire Safety Certificate shall be furnished to the Principal Certifying Authority (PCA) for all the “Essential Fire or Other Safety Measures” forming part of this approval prior to issue of an Occupation Certificate.  A copy of the Fire Safety Certificate must be submitted to Council by the PCA with the Occupation Certificate.

In accordance with the Environmental Planning and Assessment Regulation 2000:

(a)      A final Fire Safety Certificate shall state that each essential fire safety measure specified in the current Fire Safety Schedule for the building to which the Certificate relates:

i         has been assessed by a properly qualified person; and

ii        was found, when it was assessed, to be capable of performing to a standard not less than that required by the current fire safety schedule for the building for which the Certificate is issued.

(b)      The assessment must have been carried out within the period of three (3) months prior to the date on which the final Fire Safety Certificate is issued.

(c)      The choice of person to carry out the assessment is up to the owner of the building.

(d)      The person who carries out the assessment:

(i)         must inspect and verify the performance of each fire safety measure being assessed; and

(ii)        must test the operation of each new item of equipment installed in the building premises that is included in the current Fire Safety Schedule for the building.

(e)      As soon as practicable after a final Fire Safety Certificate is issued, the owner of the building to which it relates:

i         must cause a copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be given to the Commissioner of New South Wales Fire Brigades; and

ii        must cause a further copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be prominently displayed in the building.

 

Colours and Materials

 

56.     The external roof cladding shall have a solar absorbance rating of 0.421 or greater (e.g. Zincalume, Galvanised Iron, Colourbond Surfmist do not qualify).

 

Works in Road Reserve

 

57.     Prior to the issue of an Occupation Certificate or use of the development (whichever occurs first), the works outlined in the table below must be completed in accordance with the specified standard. All works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities.

 

Work

Standard to be provided

Driveway

The driveway shall be a minimum 6 metres wide. Paving to be 150mm thick reinforced with construction joints to suit service trenches. The footpath crossing must be designed to provide a cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40) for a width of at least 2.4 metres to provide for pedestrians with access disabilities.

Footpath for the full frontage of the site

1.2m wide at a cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40)

Grading, trimming, topsoiling and turfing of the unpaved footpath area

The surface levels are to be finished flush with adjacent road or kerb levels.

Removal of the disused driveway and vehicular crossing

The kerb & gutter is to be replaced and the adjoining footpath and road pavement areas are to be resorted to the condition of surrounding areas.

 

     Note: The above works must not commence until consent pursuant to Section 138 of the Roads Act 1993 has been granted by Council.

 

Completion of Car Parking Areas

 

58.     The car parking areas are to be constructed in accordance with the approved plans. Signs are to be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.

 

Notification of Food Premises

 

59.     A completed ‘Notification of Food Business’ form must be submitted to Council prior to the commencement of operations or the issue of an Occupation Certificate for the cafe.

 

Note: The form can be obtained from Council’s Administration Centre or on Council’s website at www.nambucca.nsw.gov.au.

 

REASONS FOR CONDITIONS

 

·           To ensure that the proposed development:

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

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

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

 

·           To meet the increased demand for public amenities and services attributable to the development in accordance with Section 7.11 of the Environmental Planning and Assessment Act 1979 and Section 64 of the Local Government Act 1993.

 

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

 

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

 

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

 

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

 

NOTES

 

Penalties apply for failure to comply with development consents

Failure to comply with conditions of this development consent may lead to an on the spot fine (generally $1,500) being issued pursuant to Section 9.58 of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to Section 9.50 of the Environmental Planning & Assessment Act 1979.

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:        Approval to Connect to Council’s Sewer, Stormwater, and Water Services

 

Integrated Development:                          NO

 


 


 


 


 


 


Ordinary Council Meeting - 14 June 2018

Development Application DA2017/291 - 3 Adin Street Scotts Head

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 14 June 2018

Development Application DA2017/291 - 3 Adin Street Scotts Head

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 14 June 2018

Development Application DA2017/291 - 3 Adin Street Scotts Head

 


 


 


Ordinary Council Meeting - 14 June 2018

Development Application DA2017/291 - 3 Adin Street Scotts Head

 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 14 June 2018

Development Application DA2017/291 - 3 Adin Street Scotts Head

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager's Report

ITEM 9.8      SF688              140618         Environmental Levy 2017-18 and other projects

 

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

 

Summary:

 

The purpose of this report is to provide Council with an update in relation to the Environmental Levy for the final quarter of the 2017-2018 year. Other projects are also discussed. The report identifies any projects that will require funds to be placed into reserve for the 2018-19 period and other projects that will require re-votes.

 

 

Recommendation:

 

1        That Council revote remaining funds from WO2838 to finalise grant funded activities to implement parts of the Gordon Park Flying Fox Camp Management Plan.

 

2        That Council revote remaining funds from WO3111 to finalise grant funded activities to prepare the Councils Coastal Zone Management Plan.

 

3        That Council revote remaining funds from WO3047 as works at Dawkins Park will continue into the 2018/19 financial year.

 

4        That Council place unspent funds in WO1970 (Upgrade to Nambucca River Flood Warning System) into reserve until the Bureau of Meteorology is in a position to commence the project. Council note that this will be towards the end of 2018.

 

5        That Council place unspent funds from WO2305 (Macksville Street Tree Planting and Other Items) into reserve until the works are ready to commence in the 2018/19 works program.

 

6        That Council revote remaining funds from WO3066 (Deep Creek Boat Ramp) as Council awaits approval from the Crown for the works.

 

7        That Council revote remaining funds from WO3238 (RSL boat ramp improvements) as Council awaits approval from the Crown for the works.

 

8        That Council use duplicated funds in WO3065 (RSL boat ramp improvements) to support works being undertaken at the V-wall.

 

OPTIONS:

 

Council may make alternative resolutions to those recommended in this report.

 

 

DISCUSSION:

 

Outcomes of the Environmental Levy program for the 2017/18 year will be provided in an annual report in July/ August 2018. The purpose of this report is to identify to Council any project budgets that will not be expended prior to the completion of the financial year.

 

Climate Change Adaptation Fund ($46,000)

 

The Clean Energy Committee is currently considering how best to move forward with installing solar panels on Council’s facilities. It is anticipated that the entire $46,000 will be required for this purpose and, if not spent prior to June 30, will be spent shortly thereafter.

 

On the 18th May Council endorsed the minutes of the clean energy committee meeting and also resolved to allocate unspent funds from this program to the reserve.

 

Gordon Park Flying Fox Camp Management ($20,900)

 

This project is assisted though funding from Local Government NSW. A draft Vegetation Management Plan for the Gordon Park Rainforest has been prepared. This has been forwarded to representatives of the rainforest committee and feedback has been passed on to contractors for consideration.

 

A Review of Environmental Factors to undertake minor maintenance activities in the rainforest and the surrounding facilities including the tennis courts has been prepared.

 

Staff have also commenced preparation of content for interpretive signage for the area, providing information to the public on the Flying Fox camp and other environmental attributes of the area.

 

Council continues to receive comments from the public in respect to issues associated with the flying fox camp.

 

At the time of writing this report there was $13,000 retained in this budget which is committed to various activities mentioned in this report. Council has received an extension of time from Local Government NSW to complete this project. It is proposed to revote remaining funds from this program into the 2018/19 financial year.

 

Coast and Estuary Management Planning Program ($45,000)

 

$25,000 has been made available to Council under the Office of Environmental Heritage (OEH) Coastal & Estuary Grant Program to support Council to convert our current Coastal Zone Management Plan (CZMP) and our Estuary Management Plan (EMP) to a Coastal Management Program to support applications for funding for estuary management actions. Council has accepted the funding and allocated funding from Councils Environmental Levy program.

 

Hydrosphere have been engaged to deliver this program which will now occur in the 2018/19 financial year. It is proposed to revote this budget for delivery during the 2018/19 financial year. Appropriate variations to for grant program have been received from OEH. 

 

Ecohealth Monitoring ($38,000)

 

Commencing in the 15/16 financial year this two year project is now approaching completion and will be complete by the end of the financial year. 

 

The draft ecohealth monitoring report has been provided to Council and is being reported to the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee.

 

At this stage it is anticipated that the project will be completed and acquitted in June 2018.

 

Dawkins Park ($240,000)

 

At the time of writing this report Phase 1 works in the park had commenced and contractors had been engaged to complete or supply the following before the end of the financial year.

 

-     Tree clearing;

-     De-sludging (sludge rat);

-     De-sludging (shore based excavator);

-     Bank stabilisation materials and fill;

-     Bank regrading and foreshore stabilisation works;

-     Re-vegetation of the banks in appropriate locations;

-     Trial planting on island;

-     Purchase of a new aerator;

-     bacterial application to promote processing of sludge and dissolved oxygen health in the pond;

 

Investigations for other parts of the park have significantly progressed however staff are awaiting the outcome of a number of grants. The following improvements to the park have been selected and/or designed:

 

-     3 x Gross Pollutant traps;

-     2 x Floating Wetlands;

-     1 x Biofiltration system (construction design complete);

-     Concept Design for outdoor education space fronting the lagoon is complete;

 

-     Council has applied for a 50:50 Estuary Management Grant through the Office of Environmental and Heritage to install a number of the items listed above.

 

-     Council has applied for a grant to re-construct the main pedestrian circuit around the pond;

 

-     Council has applied for grant funding to construct the outdoor environmental/cultural education space

 

Given works will be continuing until the end of the financial year it is proposed to re-vote unspent funds from this year to support grant applications and other activities in the new financial year.

 

Scott’s Head Seawall Project and Stormwater improvements ($99,000)

 

This project is presently in the design phase which has been placed on hold as Council seeks input from the community on the location of the stormwater outlet at Forster Beach. The other works included the replacement/ upgrade of the existing seawalls.

 

It is anticipated that the works related to this project will be commenced in the new financial year.  In accordance with the grant requirements works will be complete prior to the end of 2018.

 

As indicated to Council in February 2018 funds for this project will be placed into reserve until the design of the improvements are complete and contractors engaged.

 

Nambucca Flood Risk Management Plan – implementation ($60,000)

 

Council was successful in a grant application to install telemetry on two (2) gauges in the Nambucca River System. The project is proposed to provide more accurate and timely information in emergency response management for flood events in the Nambucca River.

 

Council has engaged with the Bureau of Meteorology (BOM) to design and assist in the delivery of a system that will improve the local flood warning system. At the time of writing this report BOM has recommended changes to the work plan of this project to include 3 new rain gauges, and an auto water level gauge at Lanes Bridge Bowraville.

 

Council is reliant on the expertise of BOM staff to design and assist in the delivery of this project and they have indicated that they can commence the project in late 2018. As such is it recommended that these funds be place in reserve until the project commences in the new financial year.

 

Macksville Town Centre (Street Tree Planting and other Actions) ($337,100)

 

The General Manager has recently reported on a number of actions underway in consultation with the Business Advisory Committee. In respect to the street tree planting, after some internal deliberations regarding the method for installing the street trees due to the swampy characteristic of the subgrade it was decided to get some external expertise to design the street tree blisters.

 

The proposed locations of approximately 15 street trees in River St, Wallace St and Cooper Street were surveyed in early January 2018. Designs have been finalised for each location and staff now need to determine whether the works will be tendered or completed internally with contractor assistance.

 

Further Council is still yet to hear of the success in respect to the proposed lighting of the bridge project.

If this application is successful part of this budget would be committed to the lighting the Macksville Bridge. Release of grant funding such as this often delays implementation of project works.

 

Although the project is progressing and is works ready it is proposed that the funds be placed in reserve until works are added to the works program for the 2018/19 period or Council is notified of successful grant funding application.

 

Nambucca Main Beach Seawall Project Stage 2 ($343,800)

 

Council has engaged Royal Haskoning DHV to prepare the design for the Main Beach seawall. The investigation commenced in December 2017.  Geotechnical investigations and site survey are now complete.  Council has received a design report which makes recommendations about the construction of the seawall.

 

Additional geotechnical investigations have been undertaken behind the existing seawall to further inform the design.  Consultants are progressing with the design however as reported to Council in February 2018 funds to be used for construction will be placed in reserve.

 

Boating Now Program – Gordon Park ($662,900) (remaining $366,929)

 

This project is progressing well and the following actions have been completed:

 

-     power upgrades complete, including underground power internally within the park;

-     new amenities complete and operational;

-     old amenities demolished;

-     designs for the foreshore jetty and revetment complete;

-     REF & aquatic assessment complete for the foreshore jetty;

 

Foreshore Promenade and Jetty - In respect to the next phases of the project staff have submitted an application to the Crown for a license to construct the foreshore jetty and adjoining bank stabilisation. This process includes a referral to NSW Fisheries. Staff have met with fisheries on site and modifications were made to the design of the foreshore jetty to minimise the direct impacts on seagrasses.

 

The original plan included new rock revetment along the waters’ edge at the site which would directly impact seagrasses. The design of the Jetty was then amended to maintain the existing revetment footprint protecting a significant amount of seagrass. The only direct impact to seagrass is related to the combined area of piers to support the Jetty which is less than 3m2 (minor impact). If approved by NSW Fisheries Council will be required to pay an offset for the loss of this seagrass.

 

NSW Fisheries also consider shading a potential indirect impact on seagrasses. Council has designed the Jetty to maximise the amount light to penetrate the water by using enviromesh or similar product which is commonly used on these types of structures. It is likely that Council will be required to pay a bond for potential loss of seagrass due to shading. The bond would be held by Fisheries for up to 12 months and returned to Council if the seagrass is not impacted. It is noted that measuring the impact of the jetty shade on sea grass is difficult as shoaling in the area changes monthly covering seagrasses in various areas. For this reason staff have acquired both mapping of the sea grass and aerial photographs of the area taken from a drone in order to provide comparable changes in the local area.

 

Staff are presently awaiting a response from Fisheries and Crown Lands in respect to the project. The RMS and Council have both been in contact with the Crown in respect to the delivery of this project. Discussion with the Manager Infrastructure Services indicates that works on this project could be completed within 3 months of receiving a crown approval. As reported in February an estimated budget for the construction of the Jetty will be placed in Reserve until construction is ready to commence. Council will be updated on the status of this part of the project when staff have received advice from the Crown. 

 

Boating Now Program – Shelly Beach – Complete (Final $256,346)

 

The replacement of the amenities and upgrade to the boat ramp funded under this program is now complete and is considered successful. The facilities have been well received and Council has received positive feedback about the upgrades to Shelly Beach. As reported in February this project has exceeded its proposed budget, by approximately $22,000.  This is largely due to cost to construct the amenities and also difficulties in estimating the concrete required for the boat ramp resurfacing. The original proposed budget for this project excluding in-kind costs was:

 

Cash

Organisation

$         96,500.00

Council

 $       137,000.00

Transport NSW

 $       233,500.00

 

The actual expenditure was:

 

Cash

Organisation

$        119,346.41

Council

 $       137,000.00

Transport NSW

 $       256,346.41

 

Council should note that RMS paid for approximately 53% of this project through the Boating Now Program.

 

Boating Now Program – Deep Creek ($35,000)

 

The Deep Creek Boat Ramp is to be replaced with pre-cast concrete boat ramp planks. These are presently at site as Council awaits Crown and Fisheries approval to replace the ramp. At the time of writing this report staff had not received an approval from the Crown notwithstanding the request being submitted in December 2017.

 

The Manager Infrastructure Services has indicated that this project could be completed within 1 month of receiving the Crown approval.

 

It is recommended that these funds be revoted into the 2018/19 financial year as a crown approval is anticipated shortly.

 

Boating Now Program – RSL Carpark ($30,000) and the V-wall Project

 

This project was delayed due to other project commitments. It is proposed to provide a mixed use facility retaining part of the boat ramp for powered vessels and part for passive craft launching. Materials for this project have been purchased and are at Councils Depot awaiting Crown approval.

 

It is considered that the area provides enough space for both and from discussions with boating users the ramp is frequently used for boat launching particularly when Gordon Park has limited depth.

 

The Manager Infrastructure Services has indicated that this project could be completed within 1 month of receiving crown consent to proceed. It is recommended that these funds be revoted into the 2018/19 financial year as a crown approval is anticipated shortly.

 

It is noted that there is a duplication of budgets relating to this particular project, WO3065 and WO3238 both relate to the works at the RSL boat Ramp. Expenditure to date has been allocated to WO3238.

 

Council recently allocated $140,000 from the repairs to the RSL Boardwalk to the V-Wall and staff have now significantly progressed with costing for works in the area, which are to commence in June. The project involves significant improvements and it is recommended that the duplication of budgets for the RSL boat ramp be used to support the improvement to the W-Wall.

 


 

The V-Wall project involves:

 

-     Major repairs to the existing footpath (570m);

-     Creative elements in the footpath;

-     New solar bollard lighting;

-     Entrance statement sculpture;

-     Retaining wall, sculpture and interpretive information at the end of the V-Wall

 

It is noted that White Albatross Caravan Park has contributed $40,000 to these works on the V-wall including improvements to access to the caravan park and sculptural elements which are to be incorporated in the design.

 

 

CONSULTATION:

 

Assistant General Manager Engineering Services

Manager Infrastructure Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The project and programs identified in this report have benefits for environmental, economic and social values. Issues associated with any of the projects and programs area identified in the body of the report.

 

Social

 

The project and programs identified in this report have benefits for environmental, economic and social values. Issues associated with any of the projects and programs area identified in the body of the report.

 

Economic

 

The project and programs identified in this report have benefits for environmental, economic and social values. Issues associated with any of the projects and programs area identified in the body of the report.

 

Risk

 

Any risks are addressed in the body of this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budget implication for each of the programs and projects is identified in the body of this report.

 

Source of fund and any variance to working funds

 

The budget implication for each of the programs and projects is identified in the body of this report.

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager's Report

ITEM 9.9      SF688              140618         Results of Exhibition of the Environmental Levy program 2018/19

 

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

 

Summary:

 

The purpose of this report is to provide Council with the results of the exhibition to the environmental levy program for the 2018/19 period and propose changes as necessary to the draft Budget.

 

 

Recommendation:

 

1        That Council note the submissions received to the Environmental Levy;

 

2        That Council apply $15,000 of the Coast and Estuary Funding to the riparian improvements to Hughes Creek;

 

3        That Council seek grant funding through the Office of Environment Heritage to prepare a management plan for Hughes Creek and its immediate catchment.

 

 

OPTIONS:

 

Council may choose to make changes to the draft budget.

 

DISCUSSION:

 

On the 26 April 2018 Council resolved to exhibit the Draft Environmental Levy budget for the 2018/19 period. Council exhibited the draft budget for the period 3 May 2018 to 18 May 2018. During this period Council received four (4) submissions to the draft budget. These are provided as [attachment 1]:

 

The submissions provided were in relation to the following matters:

 

Weed Management

 

Accounting of glycophosphate use for weed management

 

Consideration of alternative weed control methods such as steam

 

Mr P. Sobey and the Valla Community Association have made representations in respect to weed management particularly chemical use.

 

The alternative methods of weed management shown in the submissions are noted.  Staff will discuss the use of alternative weed management equipment through regional weed forums to determine if alternative methods have been used successfully in other LGA’s.

 

Steam weeders are not currently a viable option for weed control for the Nambucca Shire Council. There are Work Place Health and Safety issues surrounding their use, including additional exposure to diesel (a known carcinogenic compound). In terms of fuel, ground coverage and application rates, steam is not expected to be a cost effective alternative.

 

Steam weeders are also non-selective and the marketing information for these devices appears to align with regimented areas such as horticultural area. It may be difficult to apply this equipment to natural areas where access is difficult or species are selectively targeted.

 

All herbicides utilised by Council are applied in accordance with legal requirements, and preference given to more environmentally friendly type herbicides. Further to this in the last several years, staff  have refined the revegetation techniques to effectively reduce the amount of follow up chemical use required. Geofabric underlay and mulch is used in areas to be revegetated reducing the requirement for follow up weeding.

 

In respect to the accounting of chemical use it is noted that Council and Council contractors are required by relevant pesticide regulations to account for commercial quantities of chemicals used. This includes quantities and location of use.

 

Weed Management should be sourced from the General Fund

 

The general budget contributes to the majority of expenses relating to weed management in the shire, including salaries, plant, resources etc.

 

The Environmental Levy contributes $66,000 to weed management in the shire. Weed identification and management on both public and private lands is vital to protect our unique ecosystems within the Nambucca Shire Council. Weeds pose a significant threat to areas of high conservation value, as well as primary production lands. 

 

For example, the use of Environmental Levy funds to support activities associated with the eradication of Tropical Soda Apple is well founded. Tropical Soda Apple was recently identified in the Taylors Arm area and this occurrence has the potential to become a significant environmental concern without an immediate response.

 

The NSW Weedwise website states the following in respect to the TSA.

 

“Tropical soda apple is spread when cattle eat the fruit or the fruit float and move in water. If not controlled a few plants will form a hectare sized thicket in 6 months, with each plant producing 150 fruit containing 45 000 seeds each year. Herbicides kill the plants, but do not kill the seeds inside the fruit. In the USA, this plant infested over half a million hectares in 5 years. In NSW it is critical to achieve site-based eradication of this plant before it becomes widespread.”

 

Further information can be found at: http://weeds.dpi.nsw.gov.au/Weeds/Details/186

 

The Environmental Levy is not responsible for the general green space management, playing fields, playgrounds and other similar parks.

 

Emptying of Dog Bins should be sourced from the Waste Budget

 

The Scotts Head Community Group has suggested that the emptying of the Dog Bag Bins should be sourced from the Waste Budget.

 

The Environmental Levy Budget supports the supply and refill of the Dog Bag stations and the budget has been reduced from $2500 to $1000 in next year’s budget. The collection of waste in respect to the Gog Bins is sourced from the Waste budget.

 

Coastal Protection works and dune stabilisation should be funded from the Environmental Levy

 

The Scotts Head Community Group has recommended that coastal protection works and dune stabilisation should be funded through the Environmental Levy. The Environmental Levy supports various forms of coastal management activities. There is an allowance of $65,000 in next year’s budget to support Coastal and Estuary Management actions.

 

Stormwater Management is a core responsibility and although linked to coastal process needs to be urgently addressed perhaps by a separate levy on ratepayers and tourist accommodation owners;

 

Council already has a Stormwater service charge or levy which will provide estimated revenue of $145,000 for the 2018/19 year. This has been allocated to various projects in the proposed budget. The Environmental Levy has supported various stormwater management activities in the past that provided environmental improvements such as GPT installation/maintenance and water sensitive urban design outcomes for areas such as Dawkins Park.

 

As previously identified $65,000 is available in draft levy to implement Coastal and Estuary Management Actions. The Office of Environment and Heritage have an annual allocation of funding to support investigations for coast and estuary projects.

 

Within this Environmental Levy allocation, Council can investigate the potential/costs involved for detailed stormwater management solutions for Scotts Head and request matching funding through the OEH grant program.  This matter will be discussed in more detail when staff report on the results of recent community consultation regarding Coastal Improvement work at Scotts Head including the stormwater outlet in the corner of Forster Beach.

 

Improvements to Hughes Creek/ Macksville Drain

 

Mr G Soyka has made representation to Council in respect to the state of Hughes Creek or the Macksville Drain and requested some immediate action be taken in respect of the council reserve between 1 East St and the creek. A photo showing the property in question, the Council land and the Creek is provided below:

 

Description: S:\Grant from N Drive\Natural Resources\hughes creek\IMG_1783.JPG

 

It is recommended that Council support bank stabilisation works as necessary on both sides of the Creek in the immediate vicinity of 1 East St. An allocation of $15,000 from the Coast and Estuary budget will be committed to improve riparian area at this location. Appropriate approvals will be required from other agencies to complete works in this area. The proposed works will assist in stabilising the bank but is not expected to protect the property from flood events

 

It is not proposed to undertake dredging at this location. Dredging of the creek as suggested is not considered a viable response to alleviating flood impacts in the area. During an initial inspection it appears the creek bed generally aligns with the invert of stormwater infrastructure inspected which suggests the level of bed is correct. For Council’s information, the unnecessary dredging of creeks could lead to slumping of adjoining banks and elevate existing erosion and sedimentation impacts.

 

On 28 August 2014 Council resolved the following:

 

That Council develop a plan of management for the ongoing maintenance of Hughes Creek.

 

In support of this resolution Council sought a grant application for the preparation of a management plan for Hughes Creek, however this was unsuccessful and no further action has been taken to date.

 

It is recommended that Council seek funds for the preparation of a management plan for the creek through the OEH Coast and Estuary Program. The matter will be reported to Council after notification from OEH once the result of the grant is received.

 

CONSULTATION:

 

Manager Development and Environment

Assistant General Manager Engineering Services

Green Space Coordinator

 

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

This report designates the 2018/19 Environmental Levy Budget.

 

Source of fund and any variance to working funds

 

Environmental Levy

 

Service level changes and resourcing/staff implications

 

The Environmental Levy program is coordinated by the Coordinator of Strategic Planning and Natural Resources. Other staff or organisations that are commonly tasked with actions under the program include:

 

-     Technical Officer Planning and Environment

-     Green Space Coordinator

-     Team Leader Green Spaces

-     Manager Infrastructure Services

-     Structures Coordinator

-     General Manager

-     Manager Planning and Environment

-     Nambucca Valley Landcare

-     Office of Environment and Heritage

 

Attachments:

1

20022/2018 - Scanned Submissions 2018/19

 

  


Ordinary Council Meeting - 14 June 2018

Results of Exhibition of the Environmental Levy program 2018/19

 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager's Report

ITEM 9.10    SF2423            140618         Development Applications greater than 12 months or where submissions received -  to 6 June 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 6 June 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

Since the revised plans have been notified, eighteen submissions have been received.

·           Five submissions support the DA and object to the anonymous posters which have been letter-box dropped and attached to power poles in Scotts Head. The development will positively impact local businesses, including home businesses and tourism and will provide better coverage in times of emergencies.

·           Thirteen submissions object to the tower (either in one of the suggested locations, or both of them) – it is aesthetically unacceptable, it may threaten an endangered ecological community it should be placed in an area which means that all of Scotts Head will have mobile reception, it may be impacted by bushfire, it should be placed on Council-owned property (such as the water tower) so that ratepayers can benefit from the rental funds received. Scenic vistas will be spoilt, leading to a devaluing of property values. The long-term impacts on health are unknown. People’s mental health is being affected due to the uncertainty as to where the tower will go and also about the potential location of the tower. One submission objects to it being placed on the water tower as it is close to residents which raises health and environmental concerns as well as the potential to devalue properties. Both options would be ruinous to the amazing landscape. This technology will be outdated in the near future. It should be built at the new hospital instead. The tower needs to be located out of the residential area. The location on Scotts Head Road will not provide coverage to all of Scotts Head. The tower should be placed in undeveloped bushland just out of Scotts Head.

STATUS: On notification until 19 June.  Will be reported to Council.


 

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 plus a supplemental submission received after the closing date. 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 – applicant has lodged information showing extent of view loss for various options

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/076

13 April 2018

Earthworks and Road (related to new health facility(

Lot 11 DP 883264, 19 Letitia Close, North Macksville

Three submissions and one petition have been received – they oppose the proposal

·           Access to hospital should be an intersection off Letitia Close, including an island and “give way” sign

·           Outbound lane width of 3.5 metres appears inadequate

·           Access road should be built on higher ground where Pacifico has already built a temporary road – will avoid some flood impacts.

·           Old Coast Road to Mattick Road should be considered as the access point

·           Mosquito infested swamp makes this an unsuitable area for the proposed development

·           Alterations will be required to power infrastructure at the intersection

·           Access to and from the private laneway will be restricted for people towing a caravan as well as waste services and roadside mail delivery.

·           Private access road may need sealing and waste and mail services may need relocating – who will pay for this?

·           The design of the access road and earthworks as proposed will be extremely unsafe for road users and will impact on residents’ amenity.

·           Residents were promised by Pacifico that the batch plant/beam construction site would be returned to its former farming condition and that no development would occur on the site.

·           Amenity has already been reduced with the new highway and off-ramp and hospital traffic will only worsen this. Headlights from traffic on the road will impact bedrooms and living areas.

·           An interchange at Mattick Road would make more sense.

·           Design of road and roundabout is dangerous with not enough line of sight and a tight turn. Will pose a danger to pedestrians, bicycle riders and horse riders who often use Old Coast Road. Will be particularly dangerous for ambulances travelling at speed, particularly as a school bus uses Letitia Close

·           When Pacifico used a version of the proposed road they had permanent traffic control on it as they obviously deemed it unsafe otherwise.

·           How will waste services, mail delivery, etc access Letitia Close mailboxes – no provision in design for this

·           Who will maintain the extended section of Letitia Close?

·           An earth bank which minimises noise for Letitia Close residents will need to be at least partially removed

·           Security of Letitia Close residents has already been compromised by highway construction with motorists using it as an informal rest area. This will increase when the hospital access road is constructed.

·           Increased noise and light from vehicles on the road will impact residents’ amenity

·           Flooding issues may arise due to the proposed location of the road

·           A T-intersection should not be placed on a bend in the road, it should be on a straight section to reduce danger

STATUS: Applicant is considering issues raised in submissions and will provide revised plans.


 


DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/060

24 March 2018

Two Lot Subdivision

Lot 2 DP 1119830, Alexandra Drive, Nambucca Heads

Twenty-two submissions have been received. All oppose the proposal.

·           Not enough information has been provided with the proposal – what is proposed to be constructed on the lot/s being created? Will the lots be sold for the construction of quality permanent brick and tile residences or rentals for itinerant persons or holiday/traveller accommodations for caravans, etc or temporary demountable sheds?

·           Recreational areas should be part of the proposal

·           Need to know details of construction materials to be used in dwellings, as there are covenants to this effect on other properties in the area

·           Natural bush is to be cleared which could be detrimental to flora and fauna

·           Noise and traffic from the proposal will negatively impact residents’ amenity

·           Would like information on how long it will take for the blocks to be developed

·           Size and scale of development not compatible with rural aspect of surrounding residences

·           No mention is made in the application of increased traffic volumes. A conservative estimate would be an additional 65,000 vehicular traffic movements per annum.

·           No details provided as to onsite and visitor parking

·           Nearby roads will need to be upgraded due to the increased traffic movements

·           No details of how the site will be promoted – a holiday rental destination, a rental site for itinerant persons, permanent brick and tile home sites, a retirement village or something else?

·           Such a development could lead to an increase in crime statistics such as vandalism, graffiti, damage to property where itinerant populations are present.

·           Nearby properties could be devalued by the development.

·                 Will rate revenue be diverted away from Nambucca Heads to prop up Macksville community facilities?

·           Nearby residents appreciate their right to appeal to the Minister for Local Government, if required, for a proper and reasonable address of their concerns, including a deep and thorough forensic audit of Council. Such an audit would include how and why developments are approved, how and to whom contract are issued and why Council approves quality developments for Macksville and is maintaining the current hospital at Macksville, as well as building a new one. Why does Macksville need two hospitals?

·           Council has apparently rejected Development applications by both Coles and Aldi to build in Nambucca Heads as the retail developments were proposed in industrial areas. Council should not reject good solid developments for Nambucca Heads. Does this happen because the Council Chambers and majority of Councillors live in or close by to Nambucca?

·           Questions raised are not accusations of corruption or malfeasance by Council or individuals but a reflection of the disappointment/distrust that the people of Nambucca Heads feel towards Council.

·           Development should not be approved because it brings nothing to the people and community of Nambucca Heads and may damage already existing and struggling businesses.

STATUS: Being assessed – referred to RFS and LALC. RFS have responded with conditions.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2005/345/4

7 May 2018

Four Lot Subdivision - Modification

Lot 32 DP 1124339, 14 Thompson Street, Valla Beach

Two submissions have been received. They object to the proposal

·           Will impact on privacy of adjoining property

·           Concerned about possible future increase in stormwater flows.

·           The access road should be sealed, be at least 2 metres from the adjoining property and aligned as close as possible to the tennis courts.

·           The turning circle should be relocated to the far side of the tennis courts where the noise and impact on residents, etc would be reduced.

STATUS: Being assessed

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager's Report

ITEM 9.11    SF2423            140618         2018 May - Approved Construction and Complying Development Certificates

 

AUTHOR/ENQUIRIES:    Candice Lopez, Business Service Officer         

 

Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of May 2018 as at 4 June 2018.

 

 

Recommendation:

 

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

 

 

Attachments:

1

19612/2018 - Attachment to Report - CCs and CDs Approved - May 2018

 

  


Ordinary Council Meeting - 14 June 2018

2018 May - Approved Construction and Complying Development Certificates

 


 


 


 


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager's Report

ITEM 9.12    SF2423            140618         2018 May - Development and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Candice Lopez, Business Service Officer         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

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

 

Attached is a list of Development Applications and Complying Development Applications received in May 2018 as at 4 June 2018.

 

 

Recommendation:

 

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

 

Attachments:

1

19613/2018 - Attachment to Report - DAs and CDs Received - May 2018

 

  


Ordinary Council Meeting - 14 June 2018

2018 May - Development and Complying Development Applications Received

 


 


 


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager's Report

ITEM 9.13    SF2368            140618         Investment Report to 31 May 2018

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2017 to 30 June 2018 is currently estimated to be $1,076,652.

 

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

 

Council currently has $37.692 Million invested:

 

·      $   6.259      Million with Managed Funds

·      $   2.208     Million with On Call Accounts

·      $ 24.475      Million on Term Deposits

·      $   4.750     Million with Floating Rate Notes

 

This report details all the investments placed during March and Council funds invested as at 31 May 2018.

 

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

 

 

 

C P Doolan

Responsible Accounting Officer

 

 

Recommendation:

 

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

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during May 2018 and Council funds invested as at 31 May 2018.

 

Details below are the following report and graphs:

 

·           Investments Matured & Interest & Returns 1 to 31 May 2018

·           Investments Held at 31 May 2018

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

·           Term Deposits

·           Monthly Investments Revenue Earned

·           Weighted Average Return

 

 

 

 

 

 

 

 

 

CONSULTATION:

 

Grove Research and Advisory

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

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

 

Risk

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

Interest on investments have been assessed with the March 2018 Budget Review. Variances will be distributed between the Water, Sewerage and General Funds for the financial year during the year.

 

Service level changes and resourcing/staff implications

 

Not applicable.

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    14 June 2018

General Manager

ITEM 9.14    SF251              140618         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

Nambucca Business Advisory Committee

20 June

Council Chambers

6.00 PM

Access Committee

26 June

Council Chambers

2.00 PM

Ordinary Council Meeting

28 June

Council Chambers

5.30 PM

Ordinary Council Meeting

12 July

Council Chambers

5.30 PM

Access Committee

24 July

Council Chambers

2.00 PM

Ordinary Council Meeting

26 July

Council Chambers

5.30 PM

Nambucca Business Advisory Committee

1 Aug

Council Chambers

6.00 PM

NSC Traffic Advisory Committee

7 Aug

Council Chambers

10.30 AM

Ordinary Council Meeting

16 Aug

Council Chambers

5.30 PM

Access Committee

28 Aug

Council Chambers

2.00 PM

Ordinary Council Meeting

30 Aug

Council Chambers

5.30 PM

Ordinary Council Meeting

13 Sep

Council Chambers

5.30 PM

Access Committee

25 Sept

Council Chambers

5.30 PM

Ordinary Council Meeting

28 Sept

Council Chambers

5.30 PM

 

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                                    14 June 2018

Assistant General Manager Corporate Services Report

ITEM 10.1    SF332              140618         Scotts Head Tennis Club Committee of Management - Annual General Meeting - 10 May 2018

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

The report acknowledges the minutes of the Annual General Meeting (AGM) of the Scotts Head Tennis Club Committee of Management.  A copy of the minutes and financial report are attached.

 

 

Recommendation:

 

That Council endorse the minutes of the Scotts Head Tennis Club Committee of Management Annual General Meeting held on 10 May 2018 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Scotts Head Tennis Club Committee of Management was held on 10 May 2018.

 

The Committee of Management for 2018/2019 comprises:

 

President                        Tom Rice

Vice President                 Roger Goddard

Secretary                        Jill Goddard

Treasurer                         Anthony Bennett

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications on the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 


Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are impacts on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes or implications stemming from this report.

 

 

Attachments:

1

19713/2018 - AGM Minutes

 

2

19764/2018 - Income and Expenditure - Assets and Liabilities

 

  


Ordinary Council Meeting - 14 June 2018

Scotts Head Tennis Club Committee of Management - Annual General Meeting - 10 May 2018

 


Ordinary Council Meeting - 14 June 2018

Scotts Head Tennis Club Committee of Management - Annual General Meeting - 10 May 2018

 


 

 


Ordinary Council Meeting                                                                                                    14 June 2018

Engineering Services

ITEM 11.1    SF1067            140618         Rock Fishing Safety Act 2016 and Safety Initiative

 

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

 

Summary:

 

Council at its meeting held on 31 May 2018 deferred the report on the Rock Fishing Safety Act 2016 pending further investigation on whether the V-Wall falls within the definition of a rock fishing platform.

 

The General Manager has since spoken to the other MIDROC Council General Managers (Port Macquarie-Hastings, Kempsey, Bellingen, Coffs Harbour City and Clarence Valley) who have all advised that they will not be participating in the Rock Fishing Safety Initiative Program and have the coastline of their respective LGA’s declared as an area where life jackets are mandatory in accordance with the Rock Fishing Safety Act 2016 (the Act).

 

 

Recommendation:

 

That Council not participate in the Rock Fishing Safety Initiative Program and not have the coastline of the Nambucca LGA declared as an area where life jackets are mandatory in accordance with the Rock Fishing Safety Act 2016 (the Act).

 

 

OPTIONS:

 

·      Participate in the program and have the coastline of the Nambucca LGA declared as an area where life jackets are mandatory.

·      Participate in the program and allow a 12 month phase in period for education.

·      Not participate, and take no further action.

 

 

DISCUSSION:

 

In 2015, a coronial inquest into nine rock fishing related deaths found that safety advice and education had made no difference to the numbers of deaths from rock fishing. The Coroner recommended that lifejackets be made mandatory for rock fishers. This recommendation was supported by the NSW Water Safety Advisory Council.

 

The Rock Fishing Safety Act 2016 has been introduced to save lives. The primary aim is to promote rock fishing safety via targeted education and management programs including the use of lifejackets. Rock fishing is one of the most dangerous sports in Australia. The majority of rock fishing-related deaths in Australia occur in NSW, with an average of eight people losing their lives from rock fishing every year.

 

The NSW Government, in partnership with Randwick City Council, has recently concluded a 12-month trial of the Rock Fishing Safety Act 2016 (the Act), as the Randwick coastline is one of the most dangerous rock fishing areas in Australia with seventeen people having died while rock fishing in the Randwick LGA in the past 10 years

 

The NSW Department of Primary Industries (NSW DPI) is now taking the lead on rock fishing safety in NSW. NSW DPI will be working with local councils on the range of rock fishing safety initiatives available, including implementing mandatory wearing of life jackets whilst rock fishing. The Act provides for local council areas to be listed as areas where life jackets are mandatory. This is ultimately a decision for individual councils.

 

Should Council choose to take part in this rock fishing safety initiative, NSW DPI will work collaboratively with Council to provide assistance and resources including a Rock Fishing Safety toolkit, which contains information on the legislation, a range of resources such as designs for signage, leaflets and social media ads, advice on rock fishing workshops and data collection and evaluation.

 

Councils who participate in the rock fishing safety initiative are able to access a grant of up to $30,000 to assist in any implementation costs. Councils have implemented warning signage at all the beach access locations and the majority of other water way areas, the signage could potentially be added to with the additional warning icon and wording.

 

The Act permits the NSW Police Force, the Department of Primary Industries – Fisheries, the National Parks and Wildlife Service and Local Council officers to enforce the lifejacket requirements of the Rock Fishing Safety Act 2016.

 

 

CONSULTATION:

 

General Manager

MIDROC General Managers (Port Macquarie-Hastings, Kempsey, Bellingen, Coffs Harbour City and Clarence Valley)

NSW DPI

Council’s Ranger

 

Comment from the General Manager

 

On reviewing the legislation it was not clear whether or not a man-made structure such as the V-Wall would be covered by the legislation.  The legislation simply refers to, “high risk rock fishing locations (being) naturally occurring rock platform or other rock formation exposed to ocean swell within a declared area”.

 

As per the discussion at the Council meeting the safety benefits of “opting in” to apply the legislation have to be weighed against the costs to residents and tourists as well as the cost to Council being the reasonable expectation from the community that Council will have the resources to undertake the necessary education and enforcement.

 

The position of the MIDROC General Managers is that they do not have the necessary resources via their Ranger staff to implement the legislation and hence do not propose to opt in.  In the circumstances it is not recommended that Nambucca Shire Council implement the legislation when other adjoining and nearby councils are not.  This will only result in confusion.  Whilst there are well documented risks associated with rock fishing the council also has other risks in managing its coastal zone.  Chief among these is the fact that unlike other MIDROC councils we do not have a mid-week lifeguard service at our major beaches during the October and Easter school holidays.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is acknowledged that the Nambucca LGA coastline has a number of naturally occurring rock platforms or other rock formations which is exposed to the ocean swell. There are no environmental impacts associated with this report.

 

Social

 

This is discussed in the report.

 

Economic

 

From a public perspective there is an economic implication in having to purchase an appropriate approved life jacket to undertake rock fishing activities.

 


 

Risk

 

There is a potential risk implication as the Nambucca LGA coastline has a number of naturally occurring rock platforms or other rock formations which is exposed to the ocean swell. These have not previously been identified within a risk register as a significant risk or as a declared area. Council has recognised the dangers associated with the coastline and waterways and have implemented warning signage in accordance with best practice principles at all the beach access locations and on the majority of other water way areas.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation has no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

The recommendation has no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The resourcing implications are discussed in the report.  The recommendation has no impact on staff resources.

 

Attachments:

There are no attachments for this report.