NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

12 July 2018

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

Our Vision

Nambucca Valley ~ Living at its best.

 

Our  Mission Statement

 

‘The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.’

 

Our Values in Delivery

·                Effective leadership

·                Strategic direction

·                Sustainability of infrastructure and assets

·                Community involvement and enhancement through partnerships with Council

·                Enhancement and protection of the environment

·                Maximising business and employment opportunities through promotion of economic development

·                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

·                Actively pursuing resource sharing opportunities

 

 

Council Meetings:  Overview and Proceedings

 

Council meetings are held on the last Thursday of each month AND on the Thursday two weeks before the Thursday meeting.  Both meetings commence at 5.30 pm.  Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

 

 

How can a Member of the Public Speak at a Council Meeting?

 

1        Addressing Council with regard to an item on the meeting agenda:

 

Members of the public are welcome to attend meetings and address the Council.  Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.  The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda.  Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item. 

 

2        Public forum address regarding matters not on the meeting agenda:

 

Nambucca Shire Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values.  Accordingly Council allows members of the public to address it on matters not listed in the agenda provided the request is received before publication of the agenda (registration to speak may be made by telephone or in person before 2.00 pm on a meeting day) and the subject of the address is disclosed and recorded on the agenda.

 

In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum.  In particular the Council has to provide procedural fairness and consider all relevant information. 

 

Generally this cannot be done with matters which have come direct to Council via the public forum.  So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.

 

Where the subject matter concerns an on-going complaint which has been the subject of previous investigation by Council staff and/or external bodies such as the NSW Ombudsman, the General Manager in consultation with the Mayor will decide on whether or not the person will be allowed to speak in the public forum.

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.  You must treat others with respect at all times.”

 

 

Meeting Agenda

 

These are available Council’s website: www.nambucca.nsw.gov.au

 

 

 


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 12 July 2018

 

 

INSPECTIONS:

 

2.30pm     Depart Council

 

1       2.45pm     Alterations/Additions – 22 Matthew Street, Scotts Head

2       3.20pm     Telecommunication Tower –Vista Way (Water Tower), Scotts Head

3       4.10pm     Telecommunication Tower – 1079 Scotts Head Road, Scotts Head                            (Private Property)

 

 

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 - 28 June 2018...................................................................................... 7

5        NOTICES OF MOTION

5.1     NOTICE OF MOTION - Trial Opening of Nambucca Heads Library between Christmas 2018 and New Year 2019....................................................................................................................... 23

5.2     NOTICE OF MOTION - Cr Anne Smyth - Request for Leave of Absence from Wednesday 18 to 30 July 2018.............................................................................................................................. 24  

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     Development Application DA2017/179 - Telecommunication Towers.................................. 25

9.2     DA2018/053 Proposed Alterations and Additions to Dwelling House at 22 Matthew Street, Scotts Head Lot 3 Section B DP 17707............................................................................................. 166

9.3     Scotts Head Remembrance Wall.................................................................................... 230

9.4     Revised Plan of Management Adin Street Reserve Scotts Head ..................................... 239

9.5     Outstanding Actions and Reports.................................................................................. 261

9.6     Notification of Aboriginal Land Claims........................................................................... 267

9.7     Notice of an Application for the Protection of Bellwood Sacred Site............................... 275

9.8     Audit Arrangements for 2018-19 and Beyond.................................................................. 279

9.9     Development Applications greater than 12 months or where submissions received -  to 4 July 2018.................................................................................................................................... 281

9.10   Results of Australian White Ibis Management Plan Dawkins Park - Year 1........................ 283

9.11   Scotts Head Events Committee of Management - Decision to become Incorporated and request to retain funds.................................................................................................................. 294

9.12   Grant Application Status Report ................................................................................... 300

9.13   Schedule of Council Public Meetings 2018..................................................................... 314

 

10      Assistant General Manager Corporate Services Report

10.1   Nambucca District Historical Society Committee of Management - President .................. 315    

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

11.1   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

12      MEETING CLOSED TO THE PUBLIC

13      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 28 June 2018

The following document is the minutes of the Ordinary Council meeting held 28 June 2018.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 12 July 2018 and therefore subject to change.  Please refer to the minutes of 12 July 2018 for confirmation.

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM (Deputy Mayor)

Cr Brian Finlayson

Cr David Jones (arrived 5.48pm)

Cr Janine Reed

Cr Anne Smyth

Cr John Wilson

 

ALSO PRESENT

 

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

APOLOGIES

 

Cr Susan Jenvey

Michael Coulter (General Manager)

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 14 June 2018

272/18 Resolved:        (Wilson/Finlayson)

 

That the minutes of the Ordinary Council Meeting of 14 June 2018 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban - LATE

ITEM L.1      SF2433              280618      NOTICE OF MOTION - Review of Timed Parking and Traffic Signals - Macksville Post ByPass

273/18 RESOLVED:        (Hoban/Ainsworth)

 

1           That in consultation with the Macksville Chamber of Commerce and Traffic Committee Council staff review the timed parking spaces in Macksville to ascertain whether some spaces can be allocated a time limit beyond one hour particularly in locations in proximity to medical centres, dentist surgeries, optometrists and hair salons.

 

2        That Council consult with the Macksville Chamber of Commerce and the Traffic Committee and consider a shared traffic zone in River Street, Macksville.

 

3        That Council consult with the Macksville Chamber of Commerce, Traffic Committee and Council staff prior to making representations to the Hon Melinda Pavey MP, Member for Oxley and Minister for Roads Maritime and Freight requesting RMS conduct an urgent review of the relevance of traffic signals in Macksville and further that RMS be asked to consider contributing financially to the replacement of some or all of the traffic signals with roundabouts.

 

   


 

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                280618      Outstanding Actions and Reports

274/18 RESOLVED:        (Finlayson/Reed)

 

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

 

 

 

 

ITEM 9.2      SF2358              280618      Draft 2018-19 Operational Plan (Budget)

Motion:      (Ainsworth/Finlayson)

 

1        Council adopt the 2018-2019 Operational Plan (Budget) and Revenue Policy incorporating the recommended changes identified in this report; and

 

          Camping Fees – Bolton’s Crossing/Gumma Reserve

 

          Off Season Nightly         Additional Adult     $6.00

                                               Children                 $5.00

 

          Holiday Season Nightly   Additional Adult     $6.00

                                               Children                $5.00

 

 

AMENDMENT:       (Jones/Ballangarry)

 

1           That Council adopt the 2018-2019 Operational Plan (Budget) and Revenue Policy incorporating the recommended changes identified in this report; and

 

          Camping Fees – Bolton’s Crossing/Gumma Reserve

 

          Off Season Nightly         Additional Adult     $6.00

                                               Children                 $5.00

 

          Holiday Season Nightly   Additional Adult     $6.00

                                               Children                $5.00

 

 

2           That the 2019/2020 Operational Plan (Budget) and Revenue Policy documents be provided to  Councillors a month earlier than the 2018/2019 documents.

 

The amendment was carried and became the motion.

 

275/18 Resolved:        (Jones/Ballangarry)

 

1        That Council adopt the 2018-2019 Operational Plan (Budget) and Revenue Policy incorporating the recommended changes identified in this report; and

 

          Camping Fees – Bolton’s Crossing/Gumma Reserve

 

          Off Season Nightly         Additional Adult     $6.00

                                               Children                 $5.00

 

          Holiday Season Nightly   Additional Adult     $6.00

                                               Children                $5.00

 

2        That the 2019/2020 Operational Plan (Budget) and Revenue Policy documents be provided to  Councillors a month earlier than the 2018/2019 documents.

.

 

 

 

 

ITEM 9.3      SF2468              280618      Shed adjoining McKay Street boat ramp in Macksville - Proposed lease to Macksville-Scotts Head Surf Life Saving Club

276/18 RESOLVED:        (Ainsworth/Smyth)

 

Council advertise the draft Plan of Management for the community land being Lot 2 DP 1011698, McKay Street, Macksville for a period of not less than 42 days and include the terms of the proposed lease of the building to the Macksville-Scotts Head Surf Life Saving Club for the building situated on the land.

 

 

 

 

ITEM 9.4      SF2358              280618      Making of Rates and Charges 2018/2019

277/18 RESOLVED:        (Ainsworth/Ballangarry)

 

1          Council resolves that in accordance with Section 501 of the Act, the annual access charge for water supply services to all properties connected or able to be connected to Council’s water supply in accordance with Section 552(1) of the Act for 2018/2019 is made at one hundred and thirty six dollars ($136.00) per occupancy for each assessment, for a 20mm or 25mm connection; five hundred and forty four dollars ($544.00) for a 40mm connection, eight hundred and fifty dollars ($850.00) for a 50mm connection, two thousand one hundred and seventy six dollars ($2,176.00) for a 80mm connection and three thousand four hundred dollars ($3,400.00) for a 100mm connection, to be charged per connection for each assessment; and one hundred and thirty six dollars ($136.00) for vacant or unconnected land per assessment, and have a short title of “Water Access”; and a consumption charge of two dollars and ninety cents ($2.90) per kilolitre to apply to all water consumption billed during the financial year and such charge to have a short title of “Water Charge” in accordance with Section 543 of the Act.

 

2          Council resolves that in accordance with Section 501 of the Act the annual access charge for sewerage services to all properties connected or able to be connected to Council's sewer in accordance with Section 552(3) of the Act for 2018/2019 is made at six hundred and three dollars ($603.00) per occupancy for each assessment for residential connections; for non-residential connections two hundred and twenty eight dollars ($228.00)  for 20mm or 25mm connection, nine hundred and twelve dollars ($912.00) for 40mm connection, one thousand four hundred and twenty five dollars ($1,425.00) for 50mm connection, three thousand six hundred and forty eight dollars ($3,648.00) for 80mm connection and five thousand seven hundred dollars ($5,700.00) for 100mm connection, per connection for each assessment; and two hundred and twenty eight dollars ($228.00) for vacant or unconnected land per assessment, and have a short title of “Sewer Access”; and a sewer usage charge of three dollars and forty cents ($3.40) per kilolitre to be calculated on the estimated volume discharged from properties, excluding residential connections, using the total water consumption based on NSW Department of Water and Energy guidelines and such charge to have a short title of "Sewer Usage Charge" and be included on the ‘Water Account’.

 

3          Council resolves that in accordance with Section 501 of the Act the annual access charge for sewerage services to all residential properties connected to Council's low pressure sewer system in accordance with Section 552(3) of the Act for 2018/2019 is made at five hundred and seventy eight dollars ($578.00) per occupancy for each assessment for residential connections, and have a short title “Sewer Access – Res – Pressured”

 

4          Council resolves that in accordance with Section 501 of the Act, the waste management tip provision charge for 2018/2019 is made at one hundred and forty seven dollars ($147.00) per assessment for properties categorised as Business or Farmland, or are Non Rateable, that are not vacant but do not, or have elected not to, receive a commercial waste service or are not on a waste collection route, or vacant land where the service is available; such charge to have the short title of “Tip Provision”.


 

5          Council resolves that in accordance with Section 496 of the Act, the annual charge for 2018/2019 for domestic waste service on all occupied rateable land in the Shire, categorised Farmland or Residential under Section 515 or 516 of the Act, or are Non Rateable properties to which a domestic waste service is provided, is made at five hundred and forty three dollars ($543.00) per occupancy for each assessment which contains up to and including five residential occupancies, such charge to have a short title of “Full Domestic Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $543.00, where “A” equals the annual charge, “B” equals the number of occupancies and $543.00 is the unit price. Residential assessments with six or more occupancies, upon request, may be charged one full service charge of five hundred and forty three dollars ($543.00) and sufficient additional bins, at the appropriate charge, to service the waste collection requirements of the assessment, as agreed between the property owner and the Council’s Civic Services Coordinator. Owners of secondary dwellings with a gross floor area of up to 60 square metres will have the option of a second domestic waste service.

            A waste management ‘tip provision’ annual charge of one hundred and forty seven dollars ($147.00) for the year 2018/2019 is made for properties categorised Farmland or Residential or are Non Rateable, that are not vacant, but do not receive a domestic waste service or are not on a waste collection route.

 

6          Council resolves that in accordance with Section 496 of the Act the annual charge for 2018/2019 for domestic waste on all vacant rateable land in the Shire, categorised Residential (under Section 516 of the Local Government Act 1993) or are Non Rateable and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville and all land within the rural sector with a residential building entitlement, including land categorised as Farmland, where the domestic waste collection service is available, is made at one hundred and thirty two dollars ($132.00) per assessment, such charge to have a short title of “Vacant Waste Management”.

 

7          Council resolves that in accordance with Section 501 of the Act, the annual charge for 2018/2019 for waste service on all occupied rateable land in the Shire, categorised Business (under Section 518 of the Act) to which a waste service is provided, or is Non Rateable land to which a non-residential waste service is provided, is made at five hundred and nineteen dollars ($519.00) per occupancy per assessment, such charge to have a short title of “Full Commercial Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $519.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $519.00 is the unit price.

 

8          Council resolves that in accordance with Section 501 of the Act, the annual charge for 2018/2019 for waste service on all occupied rateable land in the Shire, categorised “Business” or “non-Rateable” to which a waste service, including a Bulky Goods Pick-up service is provided, is made at five hundred and forty three dollars ($543.00) per occupancy per assessment, such charge to have a short title of “Commercial Waste with BGP”, the amount of the annual charge will be the amount derived by applying the formula A = B x $543.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $543.00 is the unit price.

 

9          Council resolves that in accordance with Section 501 of the Act the annual charge for waste for 2018/2019 on all vacant rateable land in the Shire, categorised Business (under Section 518 of the Act) or is Non Rateable land, and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville, is made at one hundred and thirty two dollars ($132.00) per assessment, such charge to have a short title of “Vacant Waste Management”.

 


 

10         Council resolves that in accordance with Section 496A of the Act & Regulation Clause 125AA the annual charge for 2018/2019 for stormwater management services on all rateable privately owned developed non strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment, such charge to have a short title "Stormwater Charge".

 

11         Council resolves that in accordance with Section 496A of the Act & Regulation Clause 125AA the annual charge for 2018/2019 for stormwater management services on all rateable privately owned developed strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twelve dollars and fifty cents ($12.50) per lot/assessment, such charge to have a short title "Stormwater Res-Strata ".

 

12         Council resolves that in accordance with Section 496A of the Act & Regulation Clause 125AA the annual charge for 2018/2019 for stormwater management services on all rateable privately owned developed business land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres, such charge to have a short title "Stormwater Business " and be capped at $100.00 per assessment.

 

13         Council resolves that in accordance with Section 496A of the Act & Regulation Clause 125AA the annual charge for 2018/2019 for stormwater management services on all rateable privately owned developed business strata lots/land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at an amount equal to twenty five dollars ($25.00) per strata plan land parcel (parent parcel) plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres and capped at one hundred dollars ($100.00) then be charged the greater of five dollars ($5.00) or the relevant proportion of the maximum annual charge that would apply to the land subject to the strata scheme (the ‘relevant proportion’ is the proportion that the unit entitlement of that lot in the scheme bears to the aggregate unit entitlement of the scheme), such charge to have a short title "Stormwater Bus-Strata".

 

14         Council resolves that a rate of zero point zero zero five nine three dollars ($0.00593) on the land value of all rateable land in the rating category of “Farmland”, is made for the year 2018/2019, subject to a minimum rate of five hundred and twenty six dollars ($526.00) per assessment, in accordance with Section 458 of the Act, such rate to apply to all properties categorised as “Farmland”, pursuant to Section 515 of the Act, such rate to a short title of “Farmland” in accordance with Section 543 of the Act.

 

15         Council resolves that a rate of zero point zero zero six zero eight three dollars ($0.006083) on the land value of all rateable land in the rating category “Residential” is made for the year 2018/2019, subject to a minimum rate of seven hundred and forty five dollars ($745.00) per assessment, such rate to apply to all properties categorised as “Residential”, pursuant to Section 516 of the Act, excluding all properties in the sub categories “Town” and “Village/Estates”, such rate to have a separate short title of “Residential Non-Urban”.


 

16         Council resolves that a rate of zero point zero zero six zero eight three dollars ($0.006083) on the land value of all rateable land in the rating category “Residential”, sub category “Town” is made for the year 2018/2019, pursuant to Section 516 of the Act, subject to a minimum rate of seven hundred and forty five dollars ($745.00) per assessment, such rate to apply to all rateable land located in centres of population described as comprising all properties zoned residential, located in the towns of Nambucca Heads, Hyland Park, Macksville, Bowraville, Scotts Head and Valla Beach and serviced or able to be serviced with water supply, sewerage, or septic tank, such rate to have a separate short title of “Residential Town”.

 

17         Council resolves that a rate of zero point zero zero six zero eight three dollars ($0.006083) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” is made for the year 2018/2019, pursuant to Section 516 of the Act, subject to a minimum rate of seven hundred and forty five dollars ($745.00) per assessment, such rate to apply to all rateable land located in the villages of Eungai Rail, Eungai Creek, Warrell Creek, Donnellyville, Taylors Arm – Upper and Lower, and all Estates comprising all residential land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development residential lots along rural roads contiguous to developed estates and villages and all ribbon development residential lots along rural roads immediately opposite to developed estates, such rate to have a separate short title “Residential Village/Estates”.

 

18        Council resolves that a rate of zero point zero zero eight two dollars ($0.0082) on the land value of all rateable land in the rating category “Business” is made for the year 2018/2019, subject to a minimum rate of seven hundred and forty five dollars ($745.00) per assessment, such rate to apply to all properties  categorised as “Business”, pursuant to Section 518 of the Act, excluding all properties in the sub categories “CBD” and “Industrial Estate”, such rate to have a separate short title of “Business Ordinary”.

 

19        Council resolves that a rate of zero point zero one two two dollars ($0.0122) on the land value of all rateable land in the rating category “Business”, sub category “CBD” is made for the year 2018/2019, pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and forty five dollars ($745.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “CBD” in the towns of Nambucca Heads, Bowraville, Macksville, Valla Beach, and Scotts Head and such rate to have a separate short title of “Business CBD”.

 

20      Council resolves that a rate of zero point zero zero seven eight dollars ($0.0078) on the land value of all rateable land in the rating category “Business”, sub category “Industrial Estate” is made for the year 2018/2019, pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and forty five dollars ($745.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “Industrial Estate” in the towns of Nambucca Heads and Macksville, and such rate to have a short title of “Business Industrial”.

 

21      Council resolves that a special rate, pursuant to Section 495 of the Act, consisting of a base amount of twenty dollars seventy five cents ($20.75) per assessment, with a short title of “Environmental Base” and an ad-valorem amount of zero point zero zero zero one four five dollars ($0.000145) on the land value of all rateable land in Council’s area (refer Section 538 of the Act), with a short title of “Environmental Levy”, are made for the year 2018/2019. The base amount will produce approximately forty seven point four two percent  (47.42%) of the total amount payable by the levying of the special rate so as to comply with Section 500 of the Act.

22        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 1 (Low Risk) Sewer Trade Waste, is made for the year 2018/2019 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1”.

 

23        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 1A (Low Risk) Sewer Trade Waste, is made for the year 2018/2019 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1A”, with an additional charge of one dollar and eighty cents ($1.80) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2018/2019 pursuant to Section 502 of the Act.

 

24        Council resolves that an annual charge of one hundred and fifty nine dollars ($159.00) for Category 2 (Medium Risk) Sewer Trade Waste, is made for the year 2018/2019 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 2”, with a usage charge of one dollar and eighty cents ($1.80) per kilolitre or fourteen dollars and forty eight cents ($14.48) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2018/2019 pursuant to Section 502 of the Act.

 

25        Council resolves that an annual charge of one hundred and fifty nine dollars ($159.00) for Category 3 (High Risk) Sewer Trade Waste, is made for the year 2018/2019 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 3”, with an additional charge of one dollar and fifteen cents ($1.15) per kilogram for Excess Mass, is made for the year 2018/2019 pursuant to Section 502 of the Act.

 

26        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 4 Septic tank Effluent Disposal Sewer Trade Waste, is made for the year 2018/2019 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”.

 

27        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 4 Caravan Dump Effluent Disposal, is made for the year 2018/2019 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”, with a charge of one hundred and forty three dollars ($143.00) for Disposal at Treatment Works with a maximum of 2,500L, disposals over 2,500L will have an additional charge of fifty two dollars ($52.00) per 1000L, is made for the year 2018/2019 pursuant to Section 501 of the Act.

 

28        Council resolves that an annual charge of one hundred and eighty dollars ($180.00) for On-site Sewer Management Systems (OSSMS) operated in the high risk zone is made for the year 2018-2019 pursuant to Section 68 of the Act and have a short title “OSSMS Zone 1”; properties with less than three OSSMS will be charged one charge unit while properties with three or more OSSMS will be charged two charge units.

 

29        Council resolves that an annual charge of fifty five dollars ($55.00) for On-site Sewer Management Systems (OSSMS) operated in the medium risk zone is made for the year 2018-2019 pursuant to Section 68 of the Act and have a short title “OSSMS Zone 5”; properties with less than three OSSMS will be charged one charge unit while properties with three or more OSSMS will be charged two charge units.

 

30        Council resolves that an annual charge of thirty dollars ($30.00) for On-site Sewer Management Systems (OSSMS) operated in the low risk zone is made for the year 2018-2019 pursuant to Section 68 of the Act and have a short title “OSSMS Zone 10”; properties with less than three OSSMS will be charged one charge unit while properties with three or more OSSMS will be charged two charge units.

 

31        Council resolves that an interest rate of 7.5% per annum is made for the year 2018/2019, pursuant to Section 566 of the Act, and be charged on overdue rates and charges.

 

 

 

 

ITEM 9.5      SF1148              280618      Council Ranger's Report May 2018

278/18 RESOLVED:        (Wilson/Ballangarry)

 

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

 

 

 

 

ITEM 9.6      SF2482              280618      Macksville Bridge - Brightening the future, highlighting our heritage - Office of Environment & Heritage funding

motion:      (Ainsworth/Wilson)

 

1        That Council accept the funding offer of $100,000 from the Office of Environment and Heritage to support the project: Macksville Bridge – Brightening the future, highlighting our heritage.

 

2        Council allocate an amount of $132,917 from the budget for improvements to Macksville.

 

3           That Council note the total project is valued at $232,917.

 

Amendment:       (Smyth/Jones)

 

That the report be deferred until Council can find out what component of the funding for the lighting is coming from the Environmental Levy.

 

The amendment was lost and reverted back to the motion.

 

 

279/18 Resolved:        (Ainsworth/Wilson)

 

1        That Council accept the funding offer of $100,000 from the Office of Environment and Heritage to support the project: Macksville Bridge – Brightening the future, highlighting our heritage.

 

2        Council allocate an amount of $132,917 from the budget allocation for improvements to Macksville,

 

3        That Council note the total project is valued at $232,917.

 

Cr Smyth asked that her vote be recorded against the motion as she is unsure if the funding for the lighting is coming from the Environmental Levy.

 

 

 

 

ITEM 9.7      SF2423              280618      Development Applications greater than 12 months or where submissions received -  to 20 June 2018

280/18 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 20 June 2018 be noted by Council.

 

 

 

 

ITEM 9.8      SF251                280618      Schedule of Council Public Meetings 2018

281/18 RESOLVED:        (Wilson/Ballangarry)

 

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

 

 

 

General Manager Report - LATE

ITEM 9.9      SF24                  280618      Donation to Provide a Tap to Scout's Boatshed - River Street, Macksville

282/18 RESOLVED:        (Ainsworth/Reed)

 

That Council incorporate in its Operational Plan for water in 2018/19 an expenditure of $2,000 for the provision of a water connection to the Scouts boat shed on the River Street foreshore between Willis Street and East Street, Macksville.

 

 

 

Assistant General Manager Engineering Services Report

ITEM 10.1    SF1676              280618      2017-18 Capital Works Program Monthly Report

283/18 RESOLVED:        (Ainsworth/Reed)

 

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

 

2        That Council revote the allocations of:

 

·      WO 2355 NH Arts & Community Centre Emergency Exit Stairs remaining $15,678.00

·      WO 3055 NH Arts & Community Centre replace roof remaining $57,817.00

·      WO 3074 V-wall upgrade –remaining expenditure at 30 June

·      WO 3085 Lanes Bridge- remaining expenditure at 30 June

·      WO 3098 Gumma Road $90,000.00

·      WO 3093 Scotts Head Road - remaining expenditure at 30 June

 

3        That Council reallocate the amount of $60,000 from WO 1353 Urban Roads heavy patching program onto WO 3203 Mann Street to cover the additional work required for unforeseen subgrade pavement.

 

4        That Council place the savings within the 2017/18 bridge program at 30 June 2018 into a bridge development reserve for use in the 2018/19 budget to construct two “green bridges” in partnership with external industries and potential grant funding.

 

5        That Council note the previous reports provided by the Coordinator of Strategic Planning and Natural Resources on the revote of funds across the special projects program.

 

6        That Council note the previous report provided by Manager Business Development on the land development projects anticipated revotes for the Railway Road industrial estate and Hyland Park residential subdivision, as well as endorse the revote of the remaining expenditure of $21,105.00 on WO 1960 Pool Improvements to complement works in the 2018/19 budget.

 

 

 

7        That Council endorse the revote of funds within the Development and Environment and Natural Resources projects for:

 

·      WO 2161 Cemetery improvements $30,000.00

·      WO 2160 Animal shelter sealing $16,000.00

 

 

 

 

ITEM 10.2    SF1575              280618      Asset Management Plans for Sealed Roads and Buildings

284/18 RESOLVED:        (Smyth/Wilson)

 

That Council endorse the Asset Management Plans for Sealed Roads (TRIM 13651/2018) and Buildings (TRIM 13649/2018).

 

 

 

 

ITEM 10.3    E005/2018          280618      E005/2018 - Design, Construction and Installation of Water and Sewerage Infrastructure to the new Macksville Hospital

285/18 RESOLVED:        (Ainsworth/Wilson)

 

1        That Council endorse the pre selection of the following contractors to be invited to submit a tender for the contract to provide water and sewerage infrastructure to the new Macksville Hospital site:

 

·      A J Civil Project Pty Ltd

·      Ledonne Constructions Pty Ltd

·      Northpipe Constructions

 

2        That Council accept the fee proposal from NSW Public Works for the project management of the contract including preparation of contract documentation and tender assessment.

 

Upon being put to the meeting, the motion was declared carried.

 

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

Total (8)

Against the Motion:                Nil

Total (0)

 

 

 

 

ITEM 10.4    SF90                  280618      Nambucca Shire Traffic Committee Meeting Minutes - 5 June 2018

286/18 RESOLVED:        (Reed/Ainsworth)

 

1        That Council receive and note the agenda and minutes emanating from the Nambucca Shire Traffic Committee held on the 5 June 2018.

 

2        That Council review advanced warning signage at the approaches to the corner of Binalong Way and Yarrawonga Street (North intersection) and the bridge over the railway line on Upper Warrell Creek Road (entry into the Industrial Estate) and install additional signage where necessary.

 

3        That the Nambucca Shire Local Traffic Committee recommends that Council approve the road closure for the Volkswagen Spectacular event noting the following documentation being received by Council:

 

·      Certificate of Currency for Public Liability Insurance

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

·      Police advice of the road closure.

 

          and advertise the road closure seven (7) days prior to the event as follows:

 

          Event:         Volkswagen Spectacular 2018

          Date:           4 August 2018

Time:          8.00am and 1.30pm

          Streets:       Bowra St and Mann Street, Nambucca Heads from Ridge Street to Palmer Street

 

 

 

 

ITEM 10.5    SF2195              280618      World Rally Road Damage Claim

287/18 RESOLVED:        (Smyth/Wilson)

 

1        That Council receive and note that the claim for damages of $108,795.79 to Council’s roads for the 2016 World Rally Event has now been paid in full.

 

2        That Council note that World Rally Australia has acknowledged the damages of $40,103.13 (inc GST), for the 2017 Rally event and that a debtor has been raised by Council to recoup the expenditure incurred on the repair of the roads.

 

 

 

Assistant General Manager Engineering Services Report - LATE

ITEM 10.6    SF2393              280618      Event on Council Land Application - Naidoc Week March, High Street Bowraville

288/18 RESOLVED:        (Reed/Jones)

 

1        That Council endorse the Temporary Road Closure Application from Miimi Aboriginal Corporation to conduct the 2018 NAIDOC Week March to be held between 9.30am and 11.00am on Monday 9 July 2018 as follows:

 

·      High Street, Bowraville – Bowra Street to Young Street

 

2        That Council notes the following information will be received prior to approval

 

·      Certificate of Currency for Public Liability Insurance

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

·      Police and Roads and Maritime Services approval for the road closures.

 

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

289/18 RESOLVED:        (Ainsworth/Reed)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    E005/2018          280618      E005/2018 - Design, construction and installation of water and sewerage infrastructure to the new Macksville Hospital

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

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    SF2432              280618      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 11.3    SF1549              280618      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 11.4    SF913                280618      Review of Lease, Water Licence and Rates - 72 Grassy Road, Bowraville

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) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.5    SF1437              280618      Stuart Island - Renewal of Lease to Golf Club - Representations from the Wanggaan (Southern) Gumbaynggirr Nation Aboriginal Corporation

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) (b) (h) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer; AND the report contains information concerning the nature and location of a place or an item of Aboriginal significance on community land.

 

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.41 pm.

 

RESUME IN OPEN MEETING

290/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  7.49 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    E005/2018          280618      E005/2018 - Design, construction and installation of water and sewerage infrastructure to the new Macksville Hospital

291/18 RESOLVED:        (Jones/Ainsworth)

 

1        That Council endorse the evaluation of the pre selection of the following contractors to be invited to submit a tender for the contract to provide water and sewerage infrastructure to the new Macksville Hospital site:

 

·      A J Civil Project Pty Ltd

·      Ledonne Constructions Pty Ltd

·      Northpipe Constructions

 

2        That Council accept the fee proposal in the sum of $ 89,947 excluding GST from NSW Public Works for the project management of the contract including preparation of contract documentation and tender assessment.

 

Upon being put to the meeting, the motion was declared carried.

 

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

Total (8)

Against the Motion:                Nil

Total (0)

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    SF2432              280618      Notice of Change in Laws – China's National Sword Policy

292/18 RESOLVED:        (Ainsworth/Wilson)

 

1        That Council receive and note the information.

 

2        That Council note that HWL Ebsworth has acted on behalf of Council and have issued a letter disputing the Change in Law clause attributed to the National China Sword Policy.

 

3        That the General Manager and Contract Managers be authorised to enter into a negotiated offset percentage for some portion of the expense being incurred by Handybin Waste Services (Coffs Harbour) Pty Ltd.

 

4        That a further report be presented to Council following the outcome of recommendation Item No.3 above.

 

5        That Council makes representation to Coffs Harbour City Council to bring forward negotiations on the revenue split from the container deposit scheme.

 

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.3    SF1549              280618      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

293/18 RESOLVED:        (Reed/Wilson)

 

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 11.4    SF913                280618      Review of Lease, Water Licence and Rates - 72 Grassy Road, Bowraville

294/18 RESOLVED:        (Ainsworth/Reed)

 

In relation to Council’s land at 72 Grassy Road that Council:

 

1        The Sewer Fund reduce the rent by 50% from 2017 until such time as the Council can provide recycled effluent of a quality that can be used to irrigate crops.

 

2        The Sewer Fund subsidise by 50% the property rates from 2017 until such time as Council can provide recycled effluent of a quality that can be used to irrigate crops as the tenant has fallen into arrears

 

3        The Sewer Fund pay the full water licence fee until such time as the Council can provide recycled effluent water of a quality that can be used to irrigate crops.

 

 

 

 

For Confidential Business Paper in Closed Meeting - Late

ITEM 11.5    SF1437              280618      Stuart Island - Renewal of Lease to Golf Club - Representations from the Wanggaan (Southern) Gumbaynggirr Nation Aboriginal Corporation

295/18 RESOLVED:        (Ainsworth/Reed)

 

1        In relation to the renewal of the lease for the Nambucca Heads Island Golf Course, that Council advise the Nambucca Heads Island Golf Club of the progress of recent discussions with the Registered Native Title Prescribed Body Corporate being the Wanggaan (Southern) Gumbaynggirr Nation Aboriginal Corporation.

 

2           That pending the outcome with the Nambucca Heads Island Golf Club Council consider whether legal advice should be sought.

 

3        That Council write to the Minister of Lands requesting confirmation of the exact nature of the demand from the Wanggaan (Southern) Gumbaynggirr Nation Aboriginal Corporation specifically whether it is a Compensation Claim or a Native Title Claim and where it is up to.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.50 pm.

 

Confirmed and signed by the Mayor on 12 July 2018.

 

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)

 

     


Ordinary Council Meeting                                                                                                     12 July 2018

Notice of Motion

ITEM 5.1      SF2433            120718         NOTICE OF MOTION - Trial Opening of Nambucca Heads Library between Christmas 2018 and New Year 2019

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

Representations and complaints have been received about the closure of Nambucca Heads Library during the week between Christmas and New Year.

 

Council usually closes its libraries and administration centre during the week between Christmas and New Year and employees are required to take leave on the days that are not designated public holidays. All other Council worksites operate normally.

 

It has been drawn to Council’s attention that for many people in our community the Library is a source of activity, entertainment and social interaction for both locals and visitors during this period. For residents who have children visiting a trip to the library is an outing and provides welcome relief during wet weather. It is also very useful for those who do not have a stock of children’s books at home.

 

Many of our older residents do not have visitors at all over the Christmas period and it can be a lonely and isolating time, particularly as most other regular activities they might engage in are not available.

 

If the Nambucca Heads Library is opened it would most likely only cater for the borrowing of books. There would be no administrative or IT support from council’s administration building.

 

It is difficult to ascertain what level of demand there would be for borrowing so it is recommended that as a trial council open the Nambucca Heads Library between Christmas and New Year 2018 to gauge support and determine whether the practice should be continued and potentially expanded to include the Macksville Library.

 

 

Recommendation:

 

That Council open the Nambucca Heads Library between Christmas and New Year 2018 as a trial to determine the level of use and whether one or both of our libraries should be open during this time period into the future.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     12 July 2018

Notice of Motion

ITEM 5.2      SF2433            120718         NOTICE OF MOTION - Cr Anne Smyth - Request for Leave of Absence from Wednesday 18 to 30 July 2018

 

AUTHOR/ENQUIRIES:    Anne Smyth, Councillor         

 

Summary:

 

I request leave of absence, for personal reasons, for the period Wednesday 18 July to Monday 30 July 2018 inclusive.

 

 

Recommendation:

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period Wednesday 18 July to Monday 30 July 2018 inclusive.

 

 

 

 

Attachments:

There are no attachments for this report.        


Ordinary Council Meeting                                                                                                     12 July 2018

General Manager's Report

ITEM 9.1      DA2017/179      120718         Development Application DA2017/179 - Telecommunication Towers

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

This development application includes the erection of a telecommunications tower to provide better mobile phone coverage within Scotts Head. The application was considered by Council at its meeting on 14 December 2017 where it was deferred to enable the applicant to investigate alternative locations for the proposed development.

 

The applicant has since lodged an amended development application which includes a new location for the tower on Lot 3 DP 1147417 - 1079 Scotts Head Road, Scotts Head from what was originally proposed on that lot, as well as an additional site for the tower at Lot 2 DP 231485 - Vista Way, Scotts Head. The intent of providing the additional site is to provide Council flexibility in the determination of the application with regards to providing an alternative option which may better suit the communities’ needs/expectations. It is only proposed to erect one of the towers.

 

The application has been notified and assessed in accordance with the Environmental Planning and Assessment Act 1979 (the act). While it is considered that both proposed locations are satisfactory with regards to the relevant matters for consideration under the act; it is recommended that Council approve the proposed tower located at Vista Way subject to the recommended conditions of consent contained within attachment 3. Conditions for the erection of a tower located at 1079 Scotts Head Road have been included within attachment 4 should Council wish to approve the tower at that location.

 

The development application is being referred to Council for determination because it has been ‘called in’ by Council.

 

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

 

 

Recommendation:

 

That Council as the consent authority, pursuant Section 4.16 of the Environmental Planning and Assessment Act 1979 (the act), grant consent for Development Application 2017/179 for the construction of a telecommunications facility at Lot 2 DP 231485 – Vista Way, Scotts Head subject to the conditions contained within attachment 3

 

 

OPTIONS:

 

(a)        Grant consent to the development application as recommended.

(b)        Grant consent to the development application for the erection of the proposed telecommunications tower at 1079 Scotts Head Road, Scotts Head in accordance with the recommended conditions contained within attachment 4.

(c)        Grant consent to the development application subject to amendments to the recommended conditions of consent.

(d)        Refuse consent to the development application.

 


 

DISCUSSION:

 

Subject Site

The proposed development includes the erection of a telecommunications tower. The applicants preferred site is located at 1079 Scotts Head Road, Scotts Head and is legally known as Lot 3 DP 1147417. It is located within the RU1 Primary Production Zone under the Nambucca Local Environmental Plan 2010 (LEP). The site is irregular in shape, relatively flat, heavily vegetated and contains a dwelling towards its frontage to Scotts Head Road. Surrounding development is predominantly of an urban and rural residential nature; with a public sporting field (Buz Brazel Oval) and Scotts Head Public School within the vicinity. 

 

The applicant has also provided an alternate site for a tower to be located on should Council consider this site to be more suitable than the applicants preferred site. The alternate site is located at Lot 2 DP 231485 – Vista Way, Scotts Head. It is located within the SP2 Infrastructure zone under the LEP. The site is rectangular in shape, contains a slight slope as it is located at the top of a hill, is bordered by Vista Way on all sides, and contains an existing 7m high water reservoir, and two reservoir base slabs. The site is surrounded by residential development on the opposing sides of Vista Way.

 

Locality Plan

 

 

Proposed Development

The proposal includes the following at 1079 Scotts Head Road:

 

·      The construction of a 47.3m high telecommunications tower with a head frame and associated antennas.

·      An ancillary infrastructure compound around the base of the tower comprising an 18m x 8m area fenced with 2.4m high chain wire security fencing. The compound will contain the tower and two equipment shelters on elevated platforms.

·      A 10m bushfire asset protection area around the compound.

·      Vehicular access from the sites frontage to Scotts Head Road.

·      Installation of underground electricity from the existing electrical easement which dissects the property.

 

The proposal includes the following at Vista Way:

 

·      The construction of a 15m high telecommunications tower with a head frame and associated antennas.

·      An ancillary infrastructure compound around the base of the tower comprising a 16m x 6m area fenced with 2.4m high chain wire security fencing. The compound will contain the tower and two equipment shelters.

·      Connection to the existing electricity network within Vista Way.

 

Both facilities will be utilised by both Telstra and Optus. Approval is only sought for the construction of one of the two proposed towers, with the location at 1079 Scotts Head Road being the applicants preferred location.

 

A copy of the statement of environmental effects has been included within attachment 1. Plans recommended for approval have been included within attachment 2 and recommended conditions of consent have been included within attachment 3. Should Council wish to proceed with approving the proposed tower at 1079 Scotts Head Road instead of Vista Way, recommended conditions of consent have been included within attachment 4.

 

The proposed development is assessed against 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

 

The Biodiversity Conservation (Savings and Transitional) Regulation 2017 defines the development application as a “pending or interim planning application” as it was made before the commencement of the new Biodiversity Conservation Act 2016 but not finally determined immediately before that commencement.  For such applications, clause 28 of the Regulation provides that the former planning provisions continue to apply (and Part 7 of the new Act does not apply) to the determination.

 

The former planning provisions were contained at section 5A of the Environmental Planning and Assessment Act 1979 (the act).  This section concerned the significant effect of development on threatened species, populations or ecological communities, or their habitats, and provided various matters to be taken into account in making a determination, including:

 

·      in the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction; and

·      in relation to the habitat of a threatened species, population or ecological community:

(i)     the extent to which habitat is likely to be removed or modified as a result of the action proposed, and

(ii)    whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and

(iii)   the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality,

 

The application was accompanied by an ecological assessment of the proposed site disturbance at 1079 Scotts Head Road which has been included within attachment 1. While it was found that a small area of swamp sclerophall open forest would be required to be removed as part of the proposal, it is not considered that it will result in any significant effects on threatened species, populations or ecological communities, or their habitats having regard to the above factors of assessment. However, the proposal includes the extension of underground electricity lines from the existing power lines which dissect the western half of the site which will result in the removal of a large amount of vegetation. Given the ecological assessment did not address this area of vegetation; a condition has been included within the recommended conditions of consent requiring the electricity lines to be extended underground from Scotts Head Road along the existing disturbed vehicle access track to the proposed tower location.

 

With regards to the Vista Way site, given the site is highly modified it is not considered that the proposed tower at this site would result in any significant effects on threatened species, populations or ecological communities, or their habitats.

 

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

Conditions have been included within the recommended conditions of consent for the 1079 Scotts Head Road site for the proposed development to comply with Planning for Bushfire Protection 2006.

Although the Vista Way site is mapped as bushfire prone, given the ample defendable spaces and access provided by Vista Way and the managed condition of the site and surrounding residential properties; it is not considered that it is 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 on both proposed locations and is considered to be consistent with the objectives of the RU1 and SP2 zones.

7.1 – Acid sulfate Soils

Yes

An acid sulfate soils management plan was submitted with the application with regards to the site at 1079 Scotts Head Road due to it being mapped within class 2. Having regard to the plan it is considered that the proposal can be undertaken in a manner which will not result in adverse environmental damage as a result of acid sulfate soil exposure.

The Vista Way site is mapped as class 5, with the works not requiring a management plan on this site.

7.3 – Flood Planning

Yes

The Flood Planning Level (FPL) for the 1079 Scotts Head Road site is 5.002m AHD. The development footprint will be located within the FPL as it is approximately 1m AHD. To mitigate potential impacts on the infrastructure during a flood event it is proposed to raise the services above the FPL on elevated platforms.  Having regard to this, the infrequent occupation of the development and the low hazard risk (flood fringe); it is not considered that the proposal is inconsistent with the flood hazard of the land, will not significantly adversely affect flood behaviour, will not pose significant risk to human life, will not result in any adverse environmental damage, and will not result in unsustainable social or economic impacts on the community.

The Vista Way site is not flood prone.

7.4 - Public utility infrastructure

Yes

Power will be extended to serve the development at both locations. Less works/disturbance is required at the Vista Way site.

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, and appropriate erosion control measures could be included within any consent.

 


 

STATE ENVIRONMENTAL PLANNING POLICIES

 

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

 

State Environmental Planning Policy

Complies

Comments

SEPP 44 - Koala Habitat Protection

Yes

An ecology report was submitted with the application which was prepared by a suitably qualified person and identified that the site at 1079 Scotts Head Road is not core koala habitat.

With regards to the Vista Way site, it is not considered to be a potential koala habitat because specified feed trees do not constitute 15% of the total number of trees in the upper or lower strata of the tree component. It should also be noted that native vegetation will not be impacted by the proposal as the site is substantially modified.

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 clause 7.

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.

SEPP (Coastal Management) 2018

Yes

The proposal is considered to be consistent with the relevant matters for consideration outlined in Part 2 (clause 13 and 14) 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 (Infrastructure) 2007

Yes

In accordance with clause 115 (3) of the SEPP, Council must take into consideration the site selection, design, construction and operating principles contained within the ‘NSW Telecommunications Facilities Guideline Including Broadband, July 2010’ (the guideline). The guideline states that telecommunication facilities must be consistent with the four principles. The proposal is assessed against the four principles from the guideline as follows:

Principle 1: A telecommunications facility is to be designed and sited to minimise visual impact

For any telecommunications monopole to be effective, it must extend above the surrounding landscape in order to provide coverage to the area. With this being the case, a telecommunications monopole will always be visible from somewhere within the surrounding area.

Having regard to the above, the two proposed locations are considered to be the best locations within the identified search area having regard to minimising visual impacts.

The 1079 Scotts Head Road site will result in one dwelling to the south being capable of seeing 18.5m of the top of the tower with approximately 150m separation. All other views of the tower at this location will be from residential development to the north and east within the urban area of Scotts Head. Given the tower will be partially screened by existing vegetation when viewed from these areas, that the closest dwelling within view is over 350m from the proposed tower, and that the tower will have hills within its backdrop from most dwellings which can view the tower; it is considered that the proposed location at 1079 Scotts Head Road minimises view impacts on the surrounding area more than any other location within the search area.

The only exception to the above is considered to be the alternate proposed location at Vista Way, Scotts Head. The primary reason for this is due to the topography of Scotts Head; with the majority of dwellings being orientated to maximise views over the ocean to the north and east of the town or to the south and west of the town to maximise views over the rural areas towards the hills. This is due to the ridgeline which divides the residential areas of Scotts Head.

Having regard to the above, there are very few dwellings which are orientated to view the hilltop on Vista Way where the proposed tower would be located next to the existing water reservoir. In addition to this, the tower at this location would only be 15m in height. Given the presence of some existing trees on the hilltop which would be of equivalent height to the tower, the presence of the existing water reservoir, as well as existing power poles within the Vista Way road reserve with heights of approximately 11m; it is considered that a tower at the Visa Way site will be less visually prominent within the landscape and to immediate neighbours compared to the site at 1079 Scotts Head Road.

In order to soften the visual appearance of the tower for people using Vista Way, a condition has been included within the recommended conditions of consent requiring the planting of shrubs around the perimeter of the compound to screen it from view. While the tower would still be visible, this would not be inconsistent with the existing streetscape view of where the tower will be located as it is currently dominated by power poles and the water reservoir. This can be seen in the photomontage of the tower provided on page 42 of the SEE contained within attachment 1.

Principle 2: Telecommunications facilities should be co-located wherever practical

 

The applicant has demonstrated that there are no co-location opportunities with other telecommunication facilities or the ability to attach the antennas to an existing building to achieve the service delivery proposed.

Principle 3: Health standards for exposure to radio emissions will be met

ARPANSA is the Commonwealth body charged with the responsibility for establishing standards that protect the health and safety of the community. ARPANSA has established a radiation protection standard specifying limits for general public exposure to radio frequency transmissions at frequencies used by wireless base stations. The Australian Communication and Media Authority (ACMA) mandates the exposure limits of the ARPANSA standard.

An EME Environmental Reports have been submitted with the development application for both proposed locations. Both reports demonstrate that the proposed towers will comply with the ACMA limits for electromagnetic radiation exposure levels. The reports indicate that the tower at 1079 Scotts Head Road will not exceed more than 0.5% of the maximum exposure limit and the tower at Vista Way will not exceed 6.97% of the maximum exposure limit.

It is not considered that the proposal is contrary to this principle.

Principle 4: Minimise disturbance and risk, and maximise compliance

 

Conditions have been included within the recommended conditions of consent which will ensure compliance with this part.

 

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

 

There are no draft instruments that have been placed on exhibition that either proposal will be contrary to.

(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:

 

Part

Complies

Comments

Notification and advertising (Part A)

Yes

The application was notified and advertised in accordance with Part A of the DCP. 117 submissions were received.

Environmental context (Part A)

Yes

All relevant matters for consideration under this part have been considered elsewhere in this report.

Car Parking (Part C)

Yes

This part does not specify minimum parking requirements for the development. However, given the infrequent need to access the land post construction and the number of vehicles required, it is considered that there is sufficient room for the parking of all vehicles associated with the development.

Given the increased usage of the existing entrance at the Scotts Head Road site, any consent should include a condition requiring the existing entrance to be sealed in accordance with Council standards.

Sediment and erosion control (Part D)

Yes

All works to be undertaken as part of any consent could be subject to a condition of consent requiring the installation of adequate erosion and sedimentation devices which would ensure consistency with Part D of the DCP.

 

Rural and environmental development  (Part F)

Yes

The proposal is not considered to be contrary to any provision of this part.

Waste Minimisation And Management (Part N)

Yes

Conditions could be included within any consent for the development to comply with this part.

 

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

 

There are no planning agreements applying to the subject site.

 

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

 

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

 

 

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 the SEPP – Coastal Protection. It is considered that the matters for consideration under this SEPP have been satisfactorily addressed, therefore, satisfying the requirements of the NSW Coastal Policy.

 

(a) (v) any coastal zone management plan

 

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

 

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

 

Issue

Comments

Context and Setting

As outlined earlier in this report, it is considered that both of the proposed towers are the most suitable locations within the identified search area with regards to minimising visual impacts on the surrounding area; with the Vista Way site considered to be the least obtrusive position.

Electromagnetic Energy (EME)

The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) is the Commonwealth body charged with the responsibility for establishing standards that protect the health and safety of the community, including the Radiation Protection Standard. ARPANSA states that the standards which protect people from EME exposure do not set any distances between mobile base station locations and areas which may be considered to be sensitive because arbitrary distances do not necessarily reflect a precautionary approach.

 

The Radiation Protection Standard 2002 prescribes ‘fundamental limits designed to ensure that known health effects do not arise from exposure to radiofrequency fields.’

The considered scientific opinion about possible health effects from the proposed development is that ‘the weight of national and international scientific opinion is that there is no substantiated evidence that radio frequency emissions associated with living near a mobile phone base station or telecommunications tower poses a health risk’.

The above originates from the Australian Radiation Protection and Nuclear Safety Agency and the Committee on Electromagnetic Energy Public Health Issues Fact Sheet No.9 – What about base stations and telecommunications towers – are there any health effects?

 

ARPANSA has undertaken a number of surveys of environmental radiofrequency EME levels arising from mobile phone base station antennas. The most recent ARPANSA coordinated survey was undertaken in 2007–08. Results show that actual measured values, including ‘cumulative’ effect were much lower than levels permitted by the Radiation Protection Standard. As outlined earlier in this report, the proposed telecommunication facilities will not exceed more than 6.97% of the maximum exposure limits.

 

Reference is also made to Telstra Corporation Limited v Hornsby Shire Council 2006 148 LGERA 124. This case dealt with the application of the precautionary principle in the case of emission of radiofrequency EME. Telecommunications carrier, Telstra, proposed to address inadequate mobile coverage in the suburb of Cheltenham by building a mobile base station. Council refused the application and Telstra appealed to the Land & Environment Court of NSW and the Court upheld the appeal.

Access, Transport and Traffic

Sufficient access is available for the proposed development.

Utilities

Electricity will be extended to the site, with the proposal resulting in greater telecommunication coverage within the locality.

Heritage

In accordance with the Due Diligence Code of Practice (the code), there are no relevant confirmed site records or other associated landscape feature information on AHIMS, and no other sources of information available where a person is already aware of Aboriginal objects on either lot.

Due to the Scotts Head Road site being identified as a landscape feature under step 2 of section 8 of the code as it is within 200m of waters, an archaeological assessment was included within the submitted SEE. The conclusions of the assessment were that the proposal would be unlikely to impact any Aboriginal objects. As such, a condition has been included within the recommended conditions of consent requiring the development to proceed with caution as required by the code and recommended by the submitted assessment.

Soils

The installation and maintenance of erosion and sedimentation controls could be included as part of any consent.

Flora and Fauna

Addressed earlier in this report.

Waste

The storage and disposal of waste during construction could be suitably undertaken as part of any consent.

Noise and Vibration

Construction hours and operational noise could be maintained at a suitable level.

Natural Hazards

Sufficient access and defendable space could be provided as part of any consent. The proposal at 1079 Scotts Head Road has been appropriately designed to mitigate flooding impacts.

Social Impact in the Locality

The applicant has made it clear that for a tower to achieve sufficient capacity/coverage, it is required to be within the identified search area. It is not considered that a tower could be located anywhere else within the specified search area where it would result in less visual impacts than the two locations proposed and provide sufficient coverage.

Having regard to this, the positive social impact of providing increased mobile coverage within the area, and that EME exposure is well within the Australian/world standards; it is not considered that the proposal will have adverse social impacts within the locality.

Economic Impact in the Locality

The proposal will provide positive economic benefits to the locality due to the increased opportunities expanded and reliable mobile phone coverage provides.

While a proposal of this nature has the potential to reduce property values, given the necessity/expectation of providing reliable mobile phone coverage in the modern age and that the sites selected result in the least amount of social impact compared to other potential locations within the search area; the proposal is considered acceptable in this regard.

 

(c)      The suitability of the site for the development

 

Having regard to the discussion above regarding the proposed towers on both sites proposed; it is considered that both sites are suitable for the development, with the Vista Way site considered the most suitable.

 

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

The development application was notified and advertised in accordance with Part A of the Nambucca Development Control Plan 2010. The original application was notified in August/September 2017 and reported to Council at its meeting on 14 December 2017. The amended application was notified in May/June 2018 with 117 submissions received.

The following is a summary of the relevant matters raised in the submissions received:

 

Summary of Matters Raised

Reporting Officers Comment

The site is flood and bushfire prone and will require the access road to be raised to access in flood and will be ineffective in a bushfire if it burns down.

1079 Scotts Head Road is flood and bushfire prone. It is proposed to raise ancillary equipment above the flood planning level to minimise potential impacts of flooding. Both sites are bushfire prone, including all other sites outside the urban areas put forward by many objecting to the proposal. Sufficient defendable spaces will be provided around both towers which will be non-combustible.

There will be significant visual impacts on the locality as there are many people with south and west facing homes to enjoy the bushland views.

Addressed earlier in this report.

The proposal will decrease property values.

Addressed earlier in this report.

The tower at Vista Way will impact public open space.

The site at Vista Way is zoned SP2 Infrastructure and is operational land.

The proposal does not comply with the Coastal Management Act due as it does not protect amenity and scenic quality or improve the scenic quality of the area.

The proposals consistency with the coastal SEPP and the Coastal Management Act have been addressed earlier in this report.

The proposed sites are within close proximity to the local primary school despite previous rejection due to potential health risks to children.

The tower should be 500m from a school as required by the NSW Department of Education and from any dwelling to avoid health hazards.

Council has not rejected or refused any previous application for a telecommunications tower in Scotts Head. The last DA at Buz Brazel Oval was withdrawn by the applicant.

The closest proposed tower to the school is the 1079 Scotts Head Road site which is approximately 620m. This exceeds the 400m recommendation made by the NSW Department of Education. There is no statutory requirement for a tower to be setback a specified distance from schools or residential dwellings.

 

The proposal will increase youth suicide and gambling due to access to social media and live streaming.

Such problems cannot be attributed to the provision of one phone tower.

There isn’t information of extent of coverage.

While definitive levels of coverage have not been specified the applicant has provided details of the coverage area requirements expected for the tower at 1079 Scotts Head Road. Given the peak of the tower at Vista Way will be 12.5m above the proposed tower at 1079 Scotts Head Road due to the elevation of the site; it is anticipated that coverage would only be better from the Vista Way site. This assumption is based off the applicant’s advice on page 5 of the SEE which states that the higher a tower is the better the coverage will be.

Consideration needs to be given to impacts of salt and winds.

It is considered that the proposed structures can be designed to withstand the necessary natural elements.

There is no need for mobile phone coverage due to availability of the NBN.

The NBN does not assist mobile phone coverage.

The development will threaten existing native flora and fauna habitat.

As addressed earlier in this report, it is not considered that either of the proposed towers will result in any significant impacts on threatened species, populations, or ecological communities or their habitats as required by section 5A(1) of the act.

EME exposure may exceed the acceptable limits. The location is close to residential premises, the local school, a playground, an oval and workplaces, which are actively occupied. The level and effect of exposure to EME emitted from telecommunications towers remains subject to debate. The long-term impacts of exposure (including leukaemia, cancer, increased rate of miscarriages etc) remains unproven and yet to be fully studied. These concerns cannot be dismissed as they relate to feelings and perception, not just science.

The proposals EME levels will be less than 6.97% of the maximum exposure limits set by ASPANSA. Having regard to this and the case law presented in Telstra Corporation Limited v Hornsby Shire Council 2006 148 LGERA 124, it is not considered that Council would be successful defending any decision to refuse the application based on EME levels.

The tower at 1079 Scotts Head Road is 100m from the closest dwelling not 160-200m as stated in the SEE.

The closest dwelling to this tower is over 150m.

It is intended to seek approval for the erection of a new building on the land to the south of the tower for holiday accommodation. The location of the tower will make proceeding with this impossible due to visual impact.

Through the use of existing vegetation and design, an additional building could be erected on the property to the south which not be visually impacted by the proposed tower at 1079 Scotts Head Road.

The extent of clearing for the site at 1079 Scotts Head Road will be visible from surrounding properties.

Having regard to the extent of existing vegetation surrounding the proposed site, it’s not considered that the proposed vegetation removal will be obvious.

There is no assessment of significance.

Addressed earlier in this report.

There will be noise impacts on surrounding properties

The proposal includes the installation of an air conditioner consistent with those used in residential properties. Given the separation of both sites from the closest dwelling, it is not considered that there will be any adverse acoustic impacts resulting from the development.

The tower at Vista Way will create traffic hazards due to the narrow street and on street parking.

The proposal will not encroach within the existing pavement. Given the location of driveways to the east of the site and the width of the one way lane to the west, it is not considered that the proposal will create a traffic hazard.

Local businesses and the tourist trade need reliable mobile coverage.

Agreed.

Reliable mobile coverage is needed during times of emergency.

The proposal will provide this.

Access to reliable mobile coverage takes precedent over visual amenity.

A balance needs to be achieved between the two which is considered to be the case with the proposal.

People with health issues need to have good reception in the event of an emergency.

The proposal will provide this.

What happens to the tower when the technology becomes redundant.

A mandatory condition required by the Infrastructure SEPP will be included within the consent which will require the tower to be removed.

The site is on protected wetlands.

Neither proposed sites are on protected wetlands.

Lack of community consultation

The proposal was notified in accordance with Part A of the DCP.

There are alternative sites for the proposal

The potential of alternate sites have previously been addressed by the applicant, with the proposed locations considered to be the most suitable within the identified search area.

 

(e)     The public interest

 

Having regard to the discussion above, it is not considered that the proposal is contrary to the public interest.

 

 

CONSULTATION:

 

Public Consultation - The application was notified and advertised in accordance with Part A of the DCP.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Addressed earlier in this report.

 

Social

 

Addressed earlier in this report.

 

Economic

 

Addressed earlier in this report.

 

Risk

 

It is not considered that there is any adverse risk associated with the proposal.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

N/A

 

Source of fund and any variance to working funds

 

N/A

 

Service level changes and resourcing/staff implications

 

N/A

 

Attachments:

1

24470/2018 - Attachment 1 - Statement of Environmental Effects

 

2

24469/2018 - Attachment 2 - Recommended Plans for Approval

 

3

24468/2018 - Attachment 3 - Recommended Condtions of Consent

 

4

24467/2018 - Attachment 4 - Conditions for 1079 Scotts Head Road Site

 

  


Ordinary Council Meeting - 12 July 2018

Development Application DA2017/179 - Telecommunication Towers

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 12 July 2018

Development Application DA2017/179 - Telecommunication Towers

 


 


Ordinary Council Meeting - 12 July 2018

Development Application DA2017/179 - Telecommunication Towers

 

ATTACHMENT 3 - RECOMMENDED CONDITIONS OF CONSENT

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1.       The development is to be implemented in accordance with the plans endorsed with the Council stamp, dated TBC, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title

Dwg No

Prepared by

Dated

Site Layout & Setout Plan

S2368-P1

Visionstream

21/5/18

Site Elevation

S2368-P2

Visionstream

12/7/17

 

In the event of any inconsistency between conditions of this development consent and the plans referred to above, the conditions of this development consent prevail.

 

Development Site

 

2.       This development consent only permits the erection of a telecommunications facility at Lot 2 DP 231485 – Vista Way, Scotts Head. No approval is given to the erection of a telecommunications facility at Lot 3 DP 1147417 - 1079 Scotts Head Road, Scotts Head.

 

Removal of Development

 

3.       In the event the development is not required to be operational, it must be removed and the site restored to its predevelopment condition.

 

Noise Control

 

4.         The LAeq noise level emitted from the development shall:

(a)    Not exceed 5dB(A) above the background noise level (LA90), between 7am and 10pm on any day, when measured at the boundary of the premises and in the absence of the noise source under consideration.

(b)   Not exceed the background noise level (LA90), between 10pm and 7am on any day, when measured at the boundary of the premises and in the absence of the noise source under consideration.

            Measurements are to be carried out in accordance with the NSW Industrial Noise Policy and corrections are to be made to the above criteria for intermittent, tonal, impulsive and low frequency noise.

 

THE FOLLOWING CONDITION MUST BE COMPLIED WITH PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

Airspace

 

5.       Prior to the issue of a construction certificate a report must be submitted to Council showing:

 

·      Compliance with any relevant site and height requirements specified by the Civil Aviation Regulations 1988 and the Airports (Protection of Airspace) Regulations 1996 of the Commonwealth, and

 

·      That it does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority Australia.

 

Note: See the Advisory Circular 139-08(0) entitled Reporting of Tall Structures issued by the Civil Aviation Safety Authority Australia in 2005 concerning this condition.

 

 

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

Construction Certificate

 

6.         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.

 

(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.

 

Public Liability

 

7.       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. 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.

 

Reporting of Structure

 

8.         The construction of the proposed tower is to be reported to the Aeronautical Information Service (AIS) of the Royal Australian Air Force (RAAF) in accordance with the Civil Aviation Safety Authority circular 139-08 reporting of tall structures.

 

Note: The report can be made at the following website https://www.raafais.gov.au/frame.htm?obstr_form2.htm.

 

Erosion & sediment measures

 

9.       Erosion and sedimentation controls are to be in place in accordance with the Managing Urban Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009. Particular attention is to be given to the provision of the following sediment and erosion control measures:

 

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

b        Temporary downpipes immediately that the roof has been erected;

c        Silt fence or sediment barrier.

 

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

 

Erection of Signs

 

10.        A sign must be erected on site in a prominent position containing the information prescribed by Clause 98A (2) of the Environmental Planning & Assessment Regulation 2000 being the name, address and telephone number of the Principal Certifying Authority for the work, and name of the principal contractor for the work and telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the site is prohibited.  This sign must be maintained on site while work is being carried out and removed when the work has been completed.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Building Code of Australia

 

11.     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.

 

Construction times

 

12.     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

 

Approved Plans to remain on site

 

13.     A copy of the approved Construction Certificate including plans, details and specifications must remain at the site at all times during construction.

 

Builders rubbish to be contained on site

 

14.     All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

Maintenance of sediment and erosion control measures

 

15.     Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

Shoring and Adequacy of Adjoining Property

 

16.        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.

Discovery of a Relic

 

17.        The development is to proceed with caution. If any Aboriginal objects are found, works are to stop 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.

 

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

 

Occupation Certificate

 

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

 

Works to be completed

 

19.     All of the works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate.

 

Landscape Buffer

 

20.     Prior to occupation/commencement of use of the development, provide a landscaped buffer around the outside perimeter of the chain-link security fence (excluding gates). The landscape buffer is to be planted with advanced stock and incorporate shrubs capable of achieving mature heights of at least 3m. All shrubs used must contain thick foliage from the ground up once they reach maturity and be setback a minimum 2m from the Vista Way bitumen seal.

Submit details of the selected shrubs to Council for approval prior to the commencement of planting. The landscape buffer is to be maintained for the life of the development.

External Colour

 

21.       External building materials are to incorporate the use of a muted, natural colour that will blend with, rather than stand out from, the landscape.

 

Electromagnetic Emissions

 

22.        Prior to the commencement of use of the development the following must be submitted to Council:

 

·      A report in the format required by the Australian Radiation Protection Nuclear Safety Agency that shows the predicted levels of electromagnetic energy surrounding the development comply with the safety limits imposed by the Australian Communications and Media Authority and the Electromagnetic Radiation Standard, and

 

·      A report showing compliance with the Australian Communications Industry Forum Industry Code entitled CIF C564:2004 Deployment of Mobile Phone Network Infrastructure.

 

Damage to Council’s Infrastructure

 

23.     Where any damage occurs to Council’s infrastructure during construction, the principal contractor shall replace or make good the damaged infrastructure before the occupation certificate is issued.

 

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 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.

 


Ordinary Council Meeting - 12 July 2018

Development Application DA2017/179 - Telecommunication Towers

 

ATTACHMENT 4 – CONDITIONS FOR 1079 SCOTTS HEAD ROAD, SCOTTS HEAD

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1.       The development is to be implemented in accordance with the plans endorsed with the Council stamp, dated TBC, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title

Dwg No

Prepared by

Dated

Overall Site Plan

S2368-G2

Visionstream

19/2/18

Site Layout and Set out Plan

S2368-G3

Visionstream

19/2/18

Site Elevation

S2368-G4

Visionstream

19/2/18

 

In the event of any inconsistency between conditions of this development consent and the plans referred to above, the conditions of this development consent prevail.

 

Removal of Development

 

2.       In the event the development is not required to be operational, it must be removed and the site restored to its predevelopment condition.

 

Development Site

 

3.       This development consent only permits the erection of a telecommunications facility at Lot 3 DP 1147417 - 1079 Scotts Head Road, Scotts Head. No approval is given to the erection of a telecommunications facility at Lot 2 DP 231485 – Vista Way, Scotts Head.

 

Provision of Electricity

 

4.         This development consent does not permit the extension of the electricity supply network to the development by any means other than via the existing access track from Scotts Head Road to be used to access the development.

 

Noise Control

 

5.         The LAeq noise level emitted from the development shall:

(a)    Not exceed 5dB(A) above the background noise level (LA90), between 7am and 10pm on any day, when measured at the boundary of the premises and in the absence of the noise source under consideration.

(b)   Not exceed the background noise level (LA90), between 10pm and 7am on any day, when measured at the boundary of the premises and in the absence of the noise source under consideration.

            Measurements are to be carried out in accordance with the NSW Industrial Noise Policy and corrections are to be made to the above criteria for intermittent, tonal, impulsive and low frequency noise.

 

THE FOLLOWING CONDITION MUST BE COMPLIED WITH PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

Airspace

 

6.       Prior to the issue of a construction certificate a report must be submitted to Council showing:

 

·      Compliance with any relevant site and height requirements specified by the Civil Aviation Regulations 1988 and the Airports (Protection of Airspace) Regulations 1996 of the Commonwealth, and

 

·      That it does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority Australia.

 

Note: See the Advisory Circular 139-08(0) entitled Reporting of Tall Structures issued by the Civil Aviation Safety Authority Australia in 2005 concerning this condition.

 

 

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

Construction Certificate

 

7.         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.

 

(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.

 

Public Liability

 

8.       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. 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.

 

Reporting of Structure

 

9.         The construction of the proposed tower is to be reported to the Aeronautical Information Service (AIS) of the Royal Australian Air Force (RAAF) in accordance with the Civil Aviation Safety Authority circular 139-08 reporting of tall structures.

 

Note: The report can be made at the following website https://www.raafais.gov.au/frame.htm?obstr_form2.htm.

 

Erosion & sediment measures

 

10.     Erosion and sedimentation controls are to be in place in accordance with the Managing Urban Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009. Particular attention is to be given to the provision of the following sediment and erosion control measures:

 

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

b        Temporary downpipes immediately that the roof has been erected;

c        Silt fence or sediment barrier.

 

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

 

Erection of Signs

 

11.        A sign must be erected on site in a prominent position containing the information prescribed by Clause 98A (2) of the Environmental Planning & Assessment Regulation 2000 being the name, address and telephone number of the Principal Certifying Authority for the work, and name of the principal contractor for the work and telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the site is prohibited.  This sign must be maintained on site while work is being carried out and removed when the work has been completed.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Building Code of Australia

 

12.     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.

 

Construction times

 

13.     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

 

Approved Plans to remain on site

 

14.     A copy of the approved Construction Certificate including plans, details and specifications must remain at the site at all times during construction.

 

Builders rubbish to be contained on site

 

15.     All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

Maintenance of sediment and erosion control measures

 

16.     Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

Shoring and Adequacy of Adjoining Property

 

17.        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.

Discovery of a Relic

 

18.        The development is to proceed with caution. If any Aboriginal objects are found, works are to stop 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.

 

Driveway Inspections

 

19.     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

 

20.     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 and 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.

 

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

 

Occupation Certificate

 

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

 

Works to be completed

 

22.     All of the works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate.

 


 

Rural Driveway

 

23.     Prior to the issue of an Occupation Certificate or use of the development (whichever occurs first), construct a driveway in accordance with Council’s “Requirements for Rural Driveway Construction” plans, drawing numbers F.007.1 and F.007.2 (attached), or in accordance with any other approval granted by Council.

 

Note: Where the existing road is sealed, the driveway must also be sealed from the edge of the existing road seal to 3m within the subject land.

 

External Colour

 

24.       External building materials are to incorporate the use of a muted, natural colour that will blend with, rather than stand out from, the landscape.

 

Electromagnetic Emissions

 

25.        Prior to the commencement of use of the development the following must be submitted to Council:

 

·      A report in the format required by the Australian Radiation Protection Nuclear Safety Agency that shows the predicted levels of electromagnetic energy surrounding the development comply with the safety limits imposed by the Australian Communications and Media Authority and the Electromagnetic Radiation Standard, and

 

·      A report showing compliance with the Australian Communications Industry Forum Industry Code entitled CIF C564:2004 Deployment of Mobile Phone Network Infrastructure.

 

Bushfire Protection

 

26.       The following conditions are required for compliance with Section 79BA of the Environmental Planning and Assessment Act 1979:

(a)    Asset Protection Zones

At the commencement of building works and for the life of the development, the land for a distance of 10m around the development shall be managed as an inner protection area as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones’.

(b)   Utilities

Electricity supply is to comply with Section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

(c)    Access

Property access roads shall comply with Section 4.1.3(2) of ‘Planning for Bushfire Protection 2006’.

 

Damage to Council’s Infrastructure

 

27.     Where any damage occurs to Council’s infrastructure during construction, the principal contractor shall replace or make good the damaged infrastructure before the occupation certificate is issued.

 

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 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.


Ordinary Council Meeting                                                                                                     12 July 2018

General Manager's Report

ITEM 9.2      DA2018/053      120718         DA2018/053 Proposed Alterations and Additions to Dwelling House at 22 Matthew Street, Scotts Head Lot 3 Section B DP 17707

 

AUTHOR/ENQUIRIES:    Brad Lane, Senior Town Planner         

 

Summary:

 

The proposed development is to undertake a first floor addition to the existing dwelling house.  The proposed addition will occupy only part of the existing dwelling footprint, but does involve a request pursuant to Clause 4.6 of the Nambucca Local Environmental Plan 2010 to vary the statutory 6.5m building height limit that applies to the site.  Since the proposed variation exceeds the development standard by more than 10% the determination of the development application must be made by the elected Council.  The proposed building height is compliant at the western end of the proposed addition but due to the sloping nature of the site, exceeds the building height limit at the eastern end. 

 

The applicant has considered an alternative proposal to reconfigure the addition above the former garage structure which is located further to the west.  That option, while resulting in slightly less overall height still involves an encroachment above the statutory height limit and is considered to be an inferior design outcome both in external appearance and internal configuration. The alternative design would also need to be wider in dimension across the site to achieve the same floor space, which would consume more of the view corridor across the site. 

 

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

 

 

Recommendation:

 

That Council as the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent subject to conditions provided as Attachment 6.

 

 

OPTIONS:

 

1.   Grant development consent in accordance with the Council Officers recommendation.

 

2.   Grant development consent with amended conditions of consent as required.

 

3.   Refuse the development application and provide reasons for that decision.

 

DISCUSSION:

 

Description of the Site and Surrounds

 

The subject site is legally described as Lot 3 Section B DP 17707 and known as No. 22 Matthew Street, Scotts Head. The site is located on the eastern (seaward) side of Matthew Street and has an area of 657.6m2.  The land slopes from higher ground at the western frontage to Matthew Street at RL 20m AHD downward to the eastern frontage to the foreshore reserve at RL 12.5m AHD. 

 

The existing dwelling is setback 15.5m from Matthew Street is constructed over a single level comprising a gross floor area (GFA) of 120m2.  The foundation of the existing dwelling is at the ground level on the western side of the building comprises a masonry wall at the eastern side which extends approximately 2m above the ground level existing.  A timber deck extends to the east of the existing dwelling.

 

The surrounding area is characterised with low density residential land uses.  To the north of the site is a two storey brick and tile dwelling house at a similar setback to that of the subject site.  To the east of the site is the foreshore reserve and the rocky small beach known as “the gap” or “the cove”.  To the south of the site is No 20 Matthew Street which is occupied by a split level dwelling.  Dense, tall vegetation is located on the northern side of the dwelling house on No.20. To the south of the site on the opposite side of Matthew Street are a number of detached dwelling houses and dual occupancy developments.

 

The tall vegetation located within No.20 Matthew Street effectively blocks the view across the subject site for all properties located to the south of No.25 Matthew Street. 

 

No.27 and No. 29 Matthew Street are located on the western side of the street, opposite the subject site. No 27 Matthew Street is a large two storey dwelling house with an attached secondary dwelling and No 29 is a detached dual occupancy development. 

 

Description of the Proposal

 

The proposal is to undertake alterations and additions to the existing dwelling house to provide a new master bedroom with ensuite, walk in robe and internal stair connection to the ground floor level.  A deck is located to the eastern side of the proposed addition with direct access from the proposed master bedroom.

 

At the ground floor level the proposal includes the extension of a roof over part of the ground level deck and alterations to the ground floor bathroom.

 

Complete details of the proposed development are provided on the application plans provided as Attachment 1.

 

The first floor addition is to be of light weight construction finished with weatherboards and a minimum pitch skillion roof. 

 

The proposed development is assessed against 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 4.14Consultation and development consent—certain bush fire prone land

 

Conditions have been included within the conditions of consent which will ensure the proposed development is consistent with Planning for Bushfire Protection 2006. Although the site is at minimal risk of bushfire hazard, construction to BAL 29 is required.

 

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

Development for the purpose of a dwelling house is permissible with consent in the R1 General Residential zone. The proposed alterations and additions are consistent with the objectives as it provides for housing needs.

4.3 – Height of buildings

No

The maximum building height for the subject site is 6.5m.  The proposal complies with this development standard at the western side of the proposed addition, but due to the sloping nature of the site, does not comply with the building height limit at the eastern side of the proposed addition. The maximum building height of the proposed development is 7.689m at the north-eastern corner of the proposed addition.  At the south-eastern corner of the proposed addition the proposed building height is 7.659m. The applicant has provided a request to vary the development standard pursuant to Clause 4.6 of the NLEP 2010.

4.4 – Floor space ratio

Yes

The maximum FSR for the subject site is 0.4:1.  The proposal complies with this development standard having a FSR of 0.23:1.

4.6 – Exceptions to development standards

Yes

The development application was lodged with a written request in accordance with Clause 4.6 to vary the development standard set by Clause 4.3 of the NLEP 2010.

The objectives of Clause 4.6 of the NLEP 2010 are to;

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

Council as the consent authority must not grant consent for development that contravenes a development standard, unless it has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating;

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard The relevant matters for consideration under this clause are addressed as follows:

Furthermore the Council as the Consent Authority must be satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by the matters stated above and that the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.

The Secretary’s concurrence may be assumed in this instance in accordance with the Department’s Circular PS 08-003, issued on 9 May 2008.

The information submitted by the applicant (included as Attachment 2) is considered adequate - with the exception that Council Officers do not accept the contention that Council “routinely grants consent to development that contravenes the building height development standard”.  Rather each application to vary a development standard is carefully considered in light of the circumstances of the case, which includes the nature of the proposed development, and the potential impacts upon surrounding development and the public domain.

A detailed site inspection was undertaken to gauge the potential impact of the proposed development. A series of photographs are provided as Attachment 3.  It is evident from the site inspection that the proposed development would have a negligible impact upon the public domain and the immediately adjoining properties.  The tall and dense vegetation on the property to the south prevents any adverse visual privacy issues or shadow impact.  The first floor addition is well setback from the adjoining property to the north.  The worst affected property would be No. 27 Matthew Street, which is located to the west of the site in an elevated location compared to the subject site.

The proposal was discussed with an owner No.27 Matthew Street, who subsequently provided a number of photographs from the eastern side at the upper level of that property. 

Following consideration of the submissions the applicant prepared a photomontage of the view impact from the upper level balcony of No.27 Matthew Street (see Attachment 4), including a representation of an alternative 6.5m high building that could be built at a setback of 4.5m from the front boundary.  The applicant also prepared an alternative design which would relocate the first floor addition to the west.  While both of the alternatives designs represented improvements in compliance with the statutory building height limit, they both also resulted in a worse outcome on actual view loss.  In particular the option to relocate the first floor addition to the west of the site would require the structure to be wider in order to place the proposed deck to the side of the upper floor level addition.  This would occupy more of the view corridor across the site and create issues for internal access.

Council Officers have identified potential for a slight reduction to the floor to ceiling height at the eastern side of the proposed addition to reduce it to the minimum floor to ceiling height (2.4m) under the Building Code of Australia (BCA). A condition has been included in the recommended conditions to give effect to this amended, which will reduce the overall building height non-compliance by 100mm.

For the reasons addressed above, and as per the information provided in the applicant’s Clause 4.6 request and the condition to reduce the building height by 100mm (at the eastern end of the structure), the proposed development is consistent with the objectives of the building height control and the objectives of the R1 Zone.  In addition an investigation of the site and its surrounds has identified that the proposal would have a minimal impact upon the public domain.  While the applicant has considered alternative proposals to fully comply with the development standard or to lessen the extent of the non-compliance, both of those alternatives would result in a worse impact upon the streetscape and the views available from No.27 Matthew Street. 

In the circumstances of this case, it is considered that strict compliance with the development standard is unreasonable or unnecessary in so far as the proposed variation to the numerical building height control of 1.089m as there are sufficient environmental planning grounds to justify contravention of the standard in this instance.  The proposed development is considered to be in the public interest because it is consistent with the zone objectives and the objectives of the building height standard.

5.5 – Development within the coastal zone

Yes

Refer to comments under Coastal Management SEPP 2018.

5.10 – Heritage conservation

Yes

The site is highly urbanised and the nature of the development, is unlikely to disturb aboriginal objects.

7.1 – Acid Sulfate Soils

Yes

The site is mapped as Class 5 soil. A management plan is not required for the proposed work.

7.3 – Flood Planning

Yes

The site is not affected by the 1 in 100 year flood level.

7.4 – Public utility infrastructure

Yes

All normal urban services are connected to the development.

7.6 – Earthworks

Yes

Minor ancillary earthworks may be required to provide service trenches and footings which are of a type that are normal for this type of development.

 

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 site is occupied by a dwelling house.  Based upon a site inspection it is evident that the site is unlikely to be contaminated and remains suitable for the proposed development. 

SEPP Coastal Management 2018

Yes

The site is identified with the Coastal Environment and Coastal Use Areas on the map accompanying this Policy.

 

Assessment comments against the matters for consideration for development within the Coastal Environment Area are provided as follows:

 

-       the integrity and resilience of the biophysical, hydrological (surface and groundwater) and ecological environment,

 

Assessment Comment – Due the existing features of the site, the proposed development will have minimal impact upon the biophysical, hydrological (surface and groundwater) and ecological environment.

 

-       coastal environmental values and natural coastal processes,

 

Assessment Comment – The subject site is highly urbanised and is not subject to coastal processes (coastal erosion lines).

 

-       the water quality of the marine estate (within the meaning of the Marine Estate Management Act 2014), in particular, the cumulative impacts of the proposed development on any of the sensitive coastal lakes identified in Schedule 1,

 

Assessment Comment – There are no Marine Parks in the vicinity of the site.

 

-       marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms,

 

Assessment Comment – The site does not contain marine vegetation.

 

-       existing public open space and safe access to and along the foreshore, beach, headland or rock platform for members of the public, including persons with a disability,

 

Assessment Comment – The proposed development will not affect access to the foreshore. 

 

-     Aboriginal cultural heritage, practices and places,

 

Assessment Comment – The site is highly urbanised and the proposed development is unlikely to adversely impact upon aboriginal cultural heritage, practices or places.

 

-     the use of the surf zone.

 

Assessment Comment – The proposed development will not affect the use of the surf zone. .

 

Assessment comments against the matters for consideration for development within the Coastal Use Area are provided as follows:

 

-  has considered whether the proposed development is   likely to cause an adverse impact on the following:

(i)  existing, safe access to and along the foreshore, beach, headland or rock platform for members of the public, including persons with a disability,

(ii)  overshadowing, wind funnelling and the loss of views from public places to foreshores,

(iii)  the visual amenity and scenic qualities of the coast, including coastal headlands,

(iv)  Aboriginal cultural heritage, practices and places,

(v)  cultural and built environment heritage, and

 

Assessment Comment – The proposed development will not affect access to the foreshore. 

The proposal is unlikely to create an adverse shadow impact or loss of views from public places to foreshore due to the narrow east west profile of the building and the existence of tall vegetation to the south of the site.

Following an inspection of the site and its surrounds it is not considered that the proposed development would create an unreasonable impact on the scenic qualities of the coast.

The site is highly urbanised and the proposed development is unlikely to disturb aboriginal objects.  The existing structure is not of heritage significance.

 

-    has taken into account the surrounding coastal and built environment, and the bulk, scale and size of the proposed development.

 

Assessment Comment – The proposed development exceeds the building height controls of the NLEP but is considered to be of an appropriate design that minimises view impact and apparent bulk and scale. 

 

(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 proposed development was notified to adjoining land owners. 

Environmental context (Part A)

Yes

These matters predominantly relate to controls in other planning instruments and have been adequately considered on the plans accompanying the application and elsewhere in this report.

Site Analysis (Part A)

Yes

The application plans adequately address the site opportunities and constraints.

Car Parking & Traffic (Part C)

See comments - meets objects of control

The proposed development maintains adequate off street car parking. Access arrangements are not proposed to be altered as part of this application.

Sediment and erosion control (Part D)

Yes

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

Residential developments (Part H)

Yes

H2.4 Scotts Head – The design of the proposal is of a contemporary “beach house” style that is considered to be appropriate for this location.

See Comment

H3.1 Dwelling- House and Dual Occupancy (Low Density) – The proposal complies with these summarised controls with the exception of building height and side setbacks.  The building height control is addressed under the assessment comments associated with Clause 4.6 of the NLEP 2010.  The side setback control is addressed under assessment comments associated with Part M of the DCP

Yes

H4.1.1 Density and site configuration – The site area of 657.6m2 complies with the minimum site area of 450m2. The proposed site coverage of 19.2% complies with the site coverage control of 50%.

See comments

H4.1.2 Height – Refer to comments in relation to Clause 4.6 of the NLEP 2010.

See comments

H4.1.3 Setbacks – Refer to comments in relation to Part M of the DCP.

Yes

H4.1.6 Streetscape Façade Articulation – The proposal has variation in articulation, architectural elements and exterior finishes.

Yes

H4.1.7 Open Space and Landscaping – The proposal maintains compliant private open space.

Yes

H4.1.7 Deep Soil Zones – The proposal maintains compliant front and rear deep soil zones.

Yes

H4.1.9 Topography Cut and Fill – The proposal does not involve cut or fill.

Yes

H4.2.1 View Sharing – Refer to comments provided in the assessment of the Clause 4.6 request to vary the building height development standard and in the response to submissions on this issue. In summary the applicant has provided sufficient information to demonstrate that in the proposed development does not create unreasonable view impacts and is consistent with view sharing principles.

Yes

H4.2.2 Visual Privacy – Conditions of consent will require the narrow louver window located on the southern side of the proposed first floor addition to be fitted with opaque glass.

Yes

H4.2.3 Daylight Access – The proposal complies with the controls relating to solar access (2hrs) to adjoining properties.

Yes

H4.2.4 Natural Ventilation – The proposal complies with the plan depth and cross ventilation controls.

Yes

H4.2.5 Acoustic Privacy – The proposed building design will achieve adequate acoustic privacy.

Yes

H4.2.6 Internal Layout – The proposed building design will achieve an appropriate internal layout.

Yes

H4.2.7 Floor to Ceiling Height – The proposal provides a raked ceiling with a floor to ceiling height of 2.5m at the eastern side and 2.7m at the western side which complies with the DCP control. The western part of the proposed building where it is proposed to provide a 2.7m floor to ceiling height fully complies with the 6.5m building height limit, however the eastern part of the building does not.

Accordingly, a condition of consent is recommended to reduce the floor to ceiling height at the eastern side of the proposed first floor addition to be reduced to the minimum 2.4m as provided by the Building Code of Australia (BCA).

Yes

H4.2.8 Storage – The proposed building design maintains adequate storage area.

Yes

H4.2.9 Safety and Security – The design maintains adequate security to occupants.  The boundary between the private and public domain is adequately defined.

Yes

H4.3 Site Access – Refer to comments in relation to Part C in relation to car parking. 

Yes

H4.4 Building Performance – BASIX Certificate has been provided.

Coastal Hazards (Part K)

Yes

The site is not subject to mapped coastal hazards.

Matthew Street – Scotts Head (Part M)

Yes

Desired Future Character - The proposed additions are considered to be low key, low density built form.

 

Yes

Density and Floor Space Ratio – The proposal maintains one dwelling on the site that is larger than 450m2 and the floor space ratio of 0.23:1 is well below the maximum 0.4:1.

 

Yes

Site Coverage and Landscaping – more than 40% of the site is deep soil. Site coverage of 19.2% is well less than the required 40%.  The site coverage of 127.2m2 is less than the 150m2 DCP control. 

 

See Comment

Height and Setbacks – The proposal includes a variation to the NLEP 2010 building height development standard.  This issue is discussed earlier in the report.

The applicant has sought a variation to the DCP side setback controls of 1.5m at the ground floor level and 3m at the upper floor level.  The proposal, which is to provide a first floor addition to the dwelling, maintains the existing side setbacks of between 1.11 and 1.27m. 

The variation is supported by written justification from the applicant which refers to the existing dwelling setback at the ground floor level and the design intent of minimising the impact upon the available views across the site by placing the first floor addition towards the side of the site that is adjacent to tall vegetation so as to minimise view impact.  This is consistent with the objectives of the setback control.

The proposed variation is supported as it is considered that the alternative setback is reasonable as it achieves the objectives of setback control on the southern side optimising streetscape character and the available view across the site, minimising impact upon the public domain.

 

Yes

Building Design – The proposed first floor additions are of light weight construction.

Waste Minimisation and Management (Part N)

Yes

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

 

(a) (iiia) Any planning agreement that has been entered into under section 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 matters for consideration under SEPP Coastal Management 2018.  It is considered that the matters for consideration under Clause 5.5 of the NLEP 2010 and SEPP Coastal Management 2018 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.

 

Issue

Applicable

N/A

Comments

Context and Setting

Yes

 

The site is located in a prominent location on the landward side of Matthew Street, opposite the small rock beach to the south of elephant head, locally known as “the gap” or “the cove”. 

The design of the proposed development responds well to the relative constraints of the site which include the existing structure on the site and the location and levels of adjoining buildings and vegetation.  In this regard the development is considered unlikely to create an adverse impact upon the context and setting of the subject site.

Access, Transport and Traffic

Yes

 

The access and parking arrangements remain adequate.

Public Domain

Yes

 

Following a detailed site inspection it is considered that the proposed development is unlikely to create any adverse impact upon the public domain including shadow or visual impact from key vantage points within the public domain.

Utilities

Yes

 

The site is connected to all normal urban utilities.

Heritage

 

 

In accordance with the Due Diligence Code of Practice, there are no relevant confirmed site records or other associated landscape feature information on AHIMS, no other sources of information of which a person is already aware, and the development will not impact on any landscape features that are likely to indicate the presence of Aboriginal objects.

Other Land Resources

 

N/A

N/A

Water

Yes

 

The alterations will be constructed to BASIX requirements and therefore will achieve appropriate water consumption reduction targets.

Soils

Yes

 

Minimal site disturbance is proposed, however sediment and erosion controls will be conditioned.

Air and Microclimate

Yes

 

The proposal is unlikely to create any adverse impacts upon the micro climate of the immediate area.

The development is in an exposed coastal location. Construction of the building will have regard to salt attack and higher wind ratings through the Construction certificate process. 

Flora and Fauna

Yes

 

The site will not impact upon flora or fauna.

Waste

Yes

 

Construction waste will be managed by conditions of consent.

The site is serviced by Councils waste collection contractors and adequate provision has been made for storage of bins. 

Energy

Yes

 

The proposal is to be constructed to BASIX requirements and therefore will achieve appropriate energy reduction targets.

Noise and Vibration

Yes

 

The proposed development is not likely to generate significant noise. 

Natural Hazards

Yes

 

The site is subject to a mapped bushfire hazard. Appropriate BAL conditions have been included.

Technological Hazards

 

N/A

N/A.

Safety, Security and Crime Prevention

Yes

 

The design maintains adequate security to occupants.  The boundary between the private and public domain is adequately defined.

Social Impact in the Locality

Yes

 

The proposed development will improve the amenity of the existing dwelling which is in a desirable location and is within walking distance of local services and amenities. 

Economic Impact in the Locality

Yes

 

The proposed development will make a positive contribution to the local economy during the construction phase. 

Site Design and Internal Design

Yes

 

The design of the proposed building is functional and will provide adequate amenity for future residents while minimising impacts on surrounding development. 

Construction

Yes

 

The hours of construction will be controlled by Council’s standard work hours condition. 

Cumulative Impacts

Yes

 

The proposed development has been assessed in relation to the development controls and the circumstances which relate to this particular site.  On this occasion the applicant has demonstrated that the proposed development, although exceeding the statutory height limit, results in minimal impact upon views and achieves an improved design outcome compared with alternative concepts.  On this basis notwithstanding that the proposal includes a variation to the height limit, it is unlikely to result in any unintended cumulative impacts as each application is individually assessed, on its merits.

 

(c)      The suitability of the site for the development

 

Does the proposal fit in the locality?

Yes

No

 

X

 

Are the site attributes conducive to development?

Yes

No

 

X

 

 

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

 

A total of 13 submissions were received in response to the notification of the development application in accordance with the Nambucca Development Control Plan 2010.

 

Copies of the submissions are provided as Attachment 5.

 

The following table summarises the matters raised in the submissions:

 

Summary of Matters Raised in Submissions

Reporting Officers Comment

The proposal is contrary to the Nambucca DCP 2010 (Part M) Matthew Street – Scotts Head and should be refused outright on that basis.  In particular the building height limit.

The background of the establishment of Part M of the DCP following refusal by council and the appeal and approval by the Land and Environment Court is noted. 

 

At the time that the DCP was prepared and adopted, case law established by the Land and Environment Court e.g. Zhang v Canterbury City Council (2001), North Sydney Council v Ligon 302 Pty Ltd (1995), essentially provided guidance that that a DCP which was subject to extensive community consultation and which has been consistently applied should be applied as though it had the weight of an Environmental Planning Instrument.

 

Since that time the Environmental Planning and Assessment Act 1979 has been amended, circa 2012, to include Section 4.15(3A) which requires Councils to implement DCP controls flexibly. 

 

Presently, where a development application does not comply with the DCP controls, the controls must be applied flexibly and reasonable alternative solutions allowed where they achieve the objectives of the controls. 

 

If Council were to not consider and allow reasonable alternate solutions to DCP controls, the determination would be inconsistent with the Act and open to legal challenge.  In Council Officers opinion, in the circumstances of this case such an appeal against a refusal of the development consent would likely be successful.

 

Risk of precedent

The proposed development has been assessed on its merits taking into account the specific circumstances applying to the site.  The approval of this application does not guarantee an increased height limit at any other site.

 

Adverse impact on privacy

It is considered that the proposed development is unlikely to result in any adverse privacy impacts.  A condition of consent will require opaque glass to be fitted to the upper floor window on the southern elevation.

 

Adverse impact due to overshadowing

Due to the tall vegetation located on the property to the south of the site, the proposed development is unlikely to result in any adverse shadow impact.

 

The view impact is not considered to be reasonable in consideration to the principles established by the Land and Environment Court in Tenacity v Warringah 2004

The potential view impact of the proposed development and the alternative design options were considered including a new development that would completely remove the available view, and one which reduced the overall height of the building but required a much wider impact on the view corridor.

The principles of Tenacity v Warringah 2004 were applied. To the view impact on No.27 Matthew Street.

 

Views to be affected. The area of view that will be intercepted by the development is part of a land/ water interface at the southern side of the existing dwelling on 22 Matthew Street.

 

From what part of the property the views are obtained. The view is obtained from a standing position at the edge of the upper floor balcony.  A lesser view of part of the water view in “the cove” to the south of Elephant Head would be intercepted from a standing position at the kitchen.

 

The extent of the impact. The views from No.27 Matthew Street are expansive and take in Elephant Head, Little Beach, Main Beach or “Forster Beach” with coastal views to Coffs Harbour and extensive ocean views. The impact of the proposed development on the existing view from No.27 Matthew Street are considered to be minor as the impact represents a small area which does not interrupt the main coastline and ocean views which extend from Coffs Harbour through to and including Elephant Head.

 

The reasonableness of the proposal that is causing the impact

If the proposal were a redevelopment of the site it would be reasonable to insist upon full compliance, however since the proposed development is subject to the constraint of the existing structure it is not practical to require full compliance.

Subject to conditions of consent, which include lowering the floor to ceiling height and overall height at the eastern end of the proposed building to 2.4m (minimum BCA), it is considered that the applicant has adequately demonstrated that the proposed view impact has been minimised and that there are no reasonable alternative solutions that are available to increase view sharing.

 

In summary, the property which would be worst affected by potential view loss caused by the proposed development, will maintain expansive views along the coastline.  Having regard to the relevant planning principle discussed above, it is considered that the proposed development does not unreasonably impact upon views available across the site and is consistent with the view sharing planning principle.

 

(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

 

Local Roads & Traffic Infrastructure

 

x

 

Surf Lifesaving Equipment

 

x

 

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

 

 

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

 

Sewerage

 

x

 

 

 

CONSULTATION:

 

Internal Referrals

 

Engineering – Yes

 

Health and Building – Yes

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Since the site does not contain any native vegetation and subject to compliance with conditions in relation to sediment and erosion control, the proposal is unlikely to have any significant environmental impact.

 

Social

 

The proposed development will allow a first floor addition to the existing dwelling house which is of modest scale. 

 

Economic

 

The proposed development will contribute local employment during the construction period. 

 

Risk

 

There are minimal risks associated with the proposed development.

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Working funds – justification for urgency and cumulative impact

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

24294/2018 - Attachment 1 - Application Plans

 

2

24295/2018 - Attachment 2 - Applicants Clause 4.6 Request and Response to Submissions

 

3

24297/2018 - Attachment 3 - Streetscape and Site Photographs

 

4

24298/2018 - Attachment 4 - View Impact Montage and Sections

 

5

24299/2018 - Attachment 5 - Copy of Submissions

 

6

24455/2018 - Attachment 6 - Recommended Conditions

 

  


Ordinary Council Meeting - 12 July 2018

DA2018/053 Proposed Alterations and Additions to Dwelling House at 22 Matthew Street, Scotts Head Lot 3 Section B DP 17707

 


 


 


 


 


 


 


Ordinary Council Meeting - 12 July 2018

DA2018/053 Proposed Alterations and Additions to Dwelling House at 22 Matthew Street, Scotts Head Lot 3 Section B DP 17707

 


 


 


 


 


 


 


 


Ordinary Council Meeting - 12 July 2018

DA2018/053 Proposed Alterations and Additions to Dwelling House at 22 Matthew Street, Scotts Head Lot 3 Section B DP 17707

 


Ordinary Council Meeting - 12 July 2018

DA2018/053 Proposed Alterations and Additions to Dwelling House at 22 Matthew Street, Scotts Head Lot 3 Section B DP 17707

 


 


Ordinary Council Meeting - 12 July 2018

DA2018/053 Proposed Alterations and Additions to Dwelling House at 22 Matthew Street, Scotts Head Lot 3 Section B DP 17707

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 12 July 2018

DA2018/053 Proposed Alterations and Additions to Dwelling House at 22 Matthew Street, Scotts Head Lot 3 Section B DP 17707

 


 


 


 


 


 


Ordinary Council Meeting                                                                                                     12 July 2018

General Manager's Report

ITEM 9.3      SF46                120718         Scotts Head Remembrance Wall

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

It is not considered that a summary is necessary.

 

 

Recommendation:

 

That Council:

 

1        Permit the placement of bronze plaques on the section of the Ocean Street car park retaining wall between the northern stairs and southern ramp. Permissible plaques must be those purchased from and installed by Council.

 

2        Limit the size of the plaques to 205mm x 150mm and have them affixed in rows to have a consistent and uniform appearance.

 

3        Maintain the existing $510.00 fee for the installation of a plaque as provided for in Councils fees and charges with the addition of a $40.00 fee for each plaque sold for the Scotts Head wall. This additional fee is to be set aside to fund the construction of a concrete path in the future.

 

 

OPTIONS:

 

a.   Proceed with the creation of a remembrance wall as per the recommendation.

b.   Alter the recommendation with regards to the location of the placement of plaques on the wall, the size of the plaques, and fees associated with affixing the plaques. An alternate plaque size of 145mm x 120mm is available at a cost of $415.00 installed. This was not included within the recommendation as the larger plaques are more popular than the smaller plaques and a mixture of both sizes would result in an inconsistent appearance.

c.   Look for an alternative location/design of a remembrance wall in Scotts Head.

d.   Not proceed with the establishment of a remembrance wall in Scotts Head.

 

DISCUSSION:

 

At Council’s meeting on 15 March 2018 the Council made the following resolution:

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

 

The resolution came after representations were made by a member of the community seeking a memorial wall be erected near one of the headlands in Scotts Head for people to display a plaque as a memorial for friends or relatives who have passed away or whose ashes have been cast into the ocean. A copy of the representations from the community member has been included within attachment 1.

 

The idea to have a memorial wall for the above purpose is supported. After consideration of potential locations for the establishment of such a wall, it is considered that the most appropriate place in Scotts Head is the existing retaining wall to the public parking area within Ocean Street as illustrated in the below photos.

Description: N:\es\Daniel W\Cemetery\Scotts Head Wall\20180530_123951.jpg

Reasons for the selection of this site is that an existing wall with no identifiable structural defects can be utilised which will not only substantially reduce costs, but will not result in a structure which obstructs existing reserve users or views from public or private property. The location is within an existing passive recreation area which overlooks the ocean and is currently managed by Council. Access to the wall can be obtained via the existing stairs at the northern section of the wall or via the existing ramp at the southern end of the wall. An existing levelled grass path provides access along the base of the wall which connects the northern stairs with the southern ramp.

The idea of utilising this wall as a remembrance wall has previously been investigated by the Scotts Head Community Group. In addition to placing plaques on the wall in memorial of those from the area who have passed away, it was also proposed to establish landscaping and seating along the base of the wall, construct a path, provide areas for plaques or artworks for defence forces to be recessed into the concrete footpath on Ocean Street, and the construction of a timber lookout/stage intended to facilitate events such as ANZAC day services. Draft plans of the Scotts Head Community Groups ideas have been included within attachment 2.

While the ideas put forward by the Scotts Head Community Group are commendable, the initial upfront costs of the construction of the stage and footpath make it unlikely to be feasible in the short term due to budget constraints. Preliminary costing’s for the suggested works include:

·      Stage – $15,000.00

·      Footpath – $4,050.00

 

Given the low volume of foot traffic along the base of the wall, a more feasible option is considered to be the maintenance of the existing level grassed path which connects the existing northern stairs and southern ramp along the base of the wall in the short term. The provision of a concrete path and additional seating could be provided at a later date.

Having regard to the above, it is recommended that Council:

·      Permit the placement of bronze plaques on the section of the Ocean Street car park retaining wall between the northern stairs and southern ramp illustrated in the above photo. Permissible plaques would be those purchased and installed by Councils contractor. Council’s contractor currently installs plaques within the Council cemeteries. This contract would be extended to install plaques on the remembrance wall in Scotts Head.

 

·      Limit the size of the plaques to 205mm x 150mm and have them affixed in rows to have a consistent and uniform appearance.

 

·      Maintain the existing $510.00 fee for the installation of a plaque as provided for in Councils fees and charges with the addition of a $40.00 fee for each plaque sold for the Scotts Head wall. This additional fee is to be set aside to fund the construction of a concrete path in the future.

 

 

CONSULTATION:

 

General Manager

Structures Coordinator

Grants Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the recommendation will result in any adverse environmental impacts.

 

Social

 

It is not considered that the recommendation will result in any adverse social impacts.

 

Economic

 

It is not considered that the recommendation will result in any adverse economic impacts.

 

Risk

 

It is not considered that the recommendation will result in any increased risk.

 

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil. All works will be paid for by those purchasing the plaques.

 

Working funds – justification for urgency and cumulative impact

 

Nil.

 

Service level changes and resourcing/staff implications

 

While there will be additional administrative work associated with managing applications for and the installation of plaques; given the expected infrequent occurrence of applications received, it is not considered that the recommendation will result in any adverse resourcing implications.

 

Attachments:

1

24022/2018 - Attachment 1 - Community Member Representations

 

2

24021/2018 - Attachment 2 - Draft Plans

 

  


Ordinary Council Meeting - 12 July 2018

Scotts Head Remembrance Wall

 


Ordinary Council Meeting - 12 July 2018

Scotts Head Remembrance Wall

 


 


 


 


Ordinary Council Meeting                                                                                                     12 July 2018

General Manager's Report

ITEM 9.4      PRF10              120718         Revised Plan of Management Adin Street Reserve Scotts Head

 

AUTHOR/ENQUIRIES:    Terri Brown, Engineering Support Officer; Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

Council at its meeting on 12 April 2017 resolved to endorse the draft Plan of Management for the Adin Street Reserve and place it on public exhibition for a period of not less than 42 days, and receive a further report on the details of any submissions received on the draft Plan of Management.

 

The PoM was placed on public exhibition and sent to the Committee of Management seeking comments by the closing date 21 June 2018 with 5 submissions received by the closing date.

 

The majority of the comment emanates around the Council resolution to allow overflow parking during peak periods.

 

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

 

 

Recommendation:

 

That Council endorse Plan of Management for the Adin Street Reserve and place the document on Councils website.

 

 

OPTIONS:

 

The Local Government Act 1993 requires Council to give public notice of the draft Plan of Management and to invite submissions for a period of not less than 42 days. There are no options in this respect.

 

The Adin Street Reserve Committee of Management is an advisory committee of Council and Council can choose to accept, modify or reject the Committee’s advice.

 

 

DISCUSSION:

 

Council resolved to adopt the Scotts Head Master Plan after a lengthy consultation process.

 

The Master Plan provided for the redevelopment of the Adin Street Reserve which is owned by Council and classified as community land.  The sub categorisation was changed from sports ground to General Community Use.

 

The core objectives of sub-category General Community Use are (Section 36I of the Local Government Act)

 

            “promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:

 

            (a)    in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and

 

            (b)    in relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).”

 

 

Summary of Matters Raised in Submissions

Reporting Officers Comment

The statements in the PoM referring to the core objectives of general community use land, the reserve providing opportunities for active and passive recreation and the recreational values of the land being significant due to the limited community recreational land available in Scotts Head, do not reconcile with Council’s resolution to use the space for overflow parking.

Comment noted: the intent of the overflow parking is to cater for peak periods only as per the resolution of Council. “That Council permit the use of the Council reserve within Lot 3 DP 1202794 between the tennis courts and the bowling club for overflow parking by the community to ease congestion on roads and private car parks during local events and holiday periods”

How would the general community access this land for car parking when it is secured by boom gates under the control of the caravan park

Comment: Access to the reserve is not secured by the caravan park’s boom gates.  Whilst you do enter via the driveway into the caravan park, you turn left into the reserve before reaching the boom gates.

Which private car parks are referred to in the Council resolution of 12 April 2018?

Comment: Access across driveways, carpark within the shop precinct area.

Council decisions to date have benefited the caravan park against the wishes of many in the community.

Comment: The intent of the resolution is to ease the congestion on the local roads surrounding the area which have an impact on local residents and their access

The overflow parking is poorly disorganised unmarked parking on a surface totally unsuited for vehicle use, not compliant, non all weather surface and adjacent to a designated walkway and play/recreational area for families.

Comment: The intent of the resolution is to ease the congestion on the local roads during local events and holiday periods only, it is not intended to construct a hard stand area or mark out the parking which should be self-regulating.

This area was not scheduled for parking on the caravan park’s original DA.

Comment: noted

It is imperative that extra vehicle parks required must occur within the caravan park area itself and not utilise the adjacent community reserve.  Delete some caravan sites and redevelop into extra parking area.

Comment: noted the intent of the overflow parking is to cater for peak periods only as per the resolution of Council. “That Council permit the use of the Council reserve within Lot 3 DP 1202794 between the tennis courts and the bowling club for overflow parking by the community to ease congestion on roads and private car parks during local events and holiday periods”

Not respectful to park on someone else’s land simply because you failed to provide adequately for one’s own needs.

Comment: noted

Allowing cars and recreational use to co-exist on the same area of land is a serious safety hazard.  Kids and cars must never mix.

Comment: noted the parking is during local events and holiday periods only.

The newly constructed path through this reserve has not provided a safe walkway for residents exiting from Kent Street heading towards down town Scotts Head or Club.  These pedestrians as before continue to complete with vehicle traffic on Adin Street.

Comment: The footpath was constructed to connect from the tennis courts to the bowling club area and negate people having to walk on the road above.

The limited use of the land for overflow car parking does not go far enough.  It should include peak holiday times such as Christmas and Easter holidays.

Comment:  These same comments were received by two separate submissions and included twice.

Last Christmas all the parking along Adin Street, Ocean Street and the beach reserve was being used as overflow parking for caravan park visitors.  It was impossible to park at the shops or beach at any time with these vehicles there for days on end.

Comment: These same comments were received by two separate submissions and included twice.

Implementing time restricted parking will antagonise locals and visitors.

Comment: These same comments were received by two separate submissions and included twice.

The public reserve should not be locked away by a small group of residents to the detriment of the broader community and visitors.

Comment: These same comments were received by two separate submissions and included twice.

The reserve should be available for overflow parking during all peak periods including holidays.

Comment: These same comments were received by two separate submissions and included twice

The PoM does not correlate with the Section 355 committee’s purpose to create a vibrant social space for residents and visitors.

Comment: Noted – however CoM is and arm of Council to manage the land which is owned by Council and has the overall administration of the area. 

The Pom does not correlate with the General Managers’ report dated 27 July 2017, Item 9.9 which states “My vision for the town green and the now connected public open space between the bowling club and the surf club is that is becomes a vibrant social space for regular community activities and events.

Comment: the intent of the overflow parking is to cater for peak periods only as per the resolution of Council. “That Council permit the use of the Council reserve within Lot 3 DP 1202794 between the tennis courts and the bowling club for overflow parking by the community to ease congestion on roads and private car parks during local events and holiday periods”

The Master Plan for the development of Scotts Head which was adopted in 2009 makes no reference to part of the reserve being used as a community car park and certainly not as an extended car park for use by the caravan park.

Comment: Noted, however the Masterplan has been through significant consultation and amended at varying stages

The PoM for the NSW Crown Holiday Parks Trust adopted 25 August 2014 states that existing sites and caravan park infrastructure will be removed to enable the development of an area of public domain passive open space with a visual link to the village centre and references reducing the intrusion of vehicles within open space areas.

Comment: the intent of the overflow parking is to cater for peak periods only as per the resolution of Council. “That Council permit the use of the Council reserve within Lot 3 DP 1202794 between the tennis courts and the bowling club for overflow parking by the community to ease congestion on roads and private car parks during local events and holiday periods”

The area is frequently used by children playing, especially during holiday times and if the area is continued to be used as a car park, then how will it be managed and who will take responsibility in the event that a child or adult sustains and injury from vehicle movements.

Comment: At the end of the day, the responsibility of an accident is the driver of the vehicle and the responsibility parents supervising their children, it will be evident that vehicles are parking in the area

During a recent event when the area was used for overflow parking vehicles were observed and photographed parking on the southern side of the footpath, (had to drive over the footpath) clearly demonstrating that strict parking management guidelines and monitoring will be required.

Comment: Noted and comment will be passed on to community groups using the overflow parking and the caravan park.

 

 

CONSULTATION:

 

Adin Street Reserve Committee of Management

General Manager

General public

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendations do not give rise to any environmental issues.

 


 

Social

 

The recommendations do not give rise to any social issues which have not already been considered in detail during the process of drafting and adoption the Master Plan.

 

Economic

 

The draft Plan of Management provides for the long term tenure of part of the reserve. The proceeds of the tenure will assist in the ongoing management of the Reserve. Similarly the Master Plan identifies the continued operation and development of the caravan park is crucial to the economic viability and health of the Scotts Head township generally.

 

Risk

 

The recommendations do not affect the risk profile for the Reserve.

 

 

FINANCIAL IMPLICATIONS:

 

The Draft Plan of Management contains a table of planned works which are yet to be costed.

 

 

 

Attachments:

1

8406/2018 - Adin Street Reserve Draft POM-V7.doc

 

  


Ordinary Council Meeting - 12 July 2018

Revised Plan of Management Adin Street Reserve Scotts Head

 

PLAN OF MANAGEMENT

 

Adopted by Nambucca Shire Council on {Date} Resolution {number}

 

 

Description: asr

 

 

ADIN STREET RESERVE

 

PUBLIC RESERVE – GENERAL COMMUNITY USE

Parcels 1002431 and 1002432

 

 

 

 

Prepared by:  Adin Street Reserve

Committee of Management

 

Nambucca Shire Council

PO Box 177

MACKSVILLE  NSW  2447

 


Ordinary Council Meeting - 12 July 2018

Revised Plan of Management Adin Street Reserve Scotts Head

 

TABLE OF CONTENTS

 

BACKGROUND.. 1

GENERAL DESCRIPTION.. 1

CLASSIFICATION OF LAND.. 3

OWNER OF LAND.. 3

TRUST, ESTATE, INTEREST, DEDICATION, CONDITION, RESTRICTION OR COVENANT APPLYING TO THE LAND.. 3

OWNERS APPROVAL OF MANAGEMENT PLAN.. 4

LEASEHOLD DETAILS.. 4

MANAGEMENT.. 4

SCHEDULE 1. 10

APPENDIXES.. 11

APPENDIX 1. 12

APPENDIX 2. 14

 

 


Ordinary Council Meeting - 12 July 2018

Revised Plan of Management Adin Street Reserve Scotts Head

 

PLAN OF MANAGEMENT

 

ADIN STREET RESERVE

PUBLIC RESERVE – GENERAL COMMUNITY USE

Parcels 1002431 and 1002432

 

 

BACKGROUND

 

This Plan of Management has been prepared to document the environmental, economic, recreation and social values of the Adin Street Reserve and to guide the future use, development and management of the reserve.

 

Underpinning the preparation of the plan is the involvement of the community in determining what values are important and how these should be protected and enhanced.

 

This Plan of Management has been prepared as per the Council Resolution of {Date}.

 

 

GENERAL DESCRIPTION

 

Adin Street Reserve is described as Lot 3 DP 1202794 and comprises 1.4 Ha in 2 parts (Part 3 east 4697m2 and Part 3 west 9299m2).  Council had undertaken extensive consultation with the Scotts Head Holiday Park and members of the community to develop a Master Plan for the development of Scotts Head which was adopted in 2009.

 

The NSW Crown Holiday Parks in conjunction with Council undertook and completed works in 2015 to redevelop the day reserve, caravan park and Adin Street Reserve.

 

On 27 July 2017, Council endorsed the formation of a Committee of Management under Section 355 of the Local Government Act to be known as the Adin Street Reserve Committee of Management, for the purpose of care, control and management of land and to create a vibrant social space for residents and visitors.

 

The delegation and roles of the committee are detailed below:

 

·    Maintain, manage and improve the Adin Street Reserve (which includes the area known as the “Village Green”) Scotts Head

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

·    Limit the expenditure of monies to the amount of funds held by the Committee at the time

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

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

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

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

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

·   Implement and review the Adin Street Reserve Plan of Management

The reserve is surrounded by Adin Street, private commercial land and the caravan park.

 

 

Issues to be considered by the Manager (Council) when deciding whether a particular land use or development is appropriate include:

 

Land use zoning

The land is zoned RE1 Public Recreation under the Nambucca Local Environmental Plan 2010 and the objectives of this zoning are:

 

·    To enable land to be used for public open space or recreational purposes

·    To provide a range of recreational settings and activities and compatible land uses

·    To protect and enhance the natural environment for recreational purposes

·    To identify proposed or existing publicly owned land that is used or is capable of being used for the purpose of active or passive recreation

 

The surrounding land is zoned R3 Residential Medium Density, B2 Local Centre and RE2 Private Recreation.

 

Current use of the land

Part lot 3 east 4697m² (Village Green) DP 1202794

The Village Green comprises of a triangular section of land situated generally to the east.  A large, shallow, centrally located grassed retention basin has been constructed as part of the storm water management system for Scotts Head.  The area also contains a sewer pump station and ventilation stack as part of the sewer reticulation network.  Bollards have been placed along the footpath and entry roadway.  The constructed retention basin can fill to capacity during heavy rain events.

 

Part lot 3 west 9299m²

A large constructed retention basin has been constructed on the western end that feeds into the storm water drain located on the north eastern boundary; the drainage is encompassed within an easement to drain water and forms part of the Scotts Head stormwater management system.  The constructed retention basin can fill to capacity during heavy rain events.

 

Trees and native shrubs have been planted along the embankment on the southern bank of Adin Street to minimise erosion and long term maintenance.  A public concrete path is located at the toe of the embankment and is regularly used as there is no suitable footpath along Adin Street.  Children from the local area and the holiday park use the remaining land for the casual playing of games.

 

The tennis courts and club house which are situated on the south eastern side of Lot 3 are managed under a separate Committee of Management being Scotts Head Tennis Courts Committee of Management.  The tennis courts are an integral component of the Adin Street Reserve.  This Plan of Management provides for the continuation of that Committee to oversee and manage the operation of the area of the tennis courts and clubhouse.

 

Current approvals for use of the land

The land is subject to Development Application No 2016/236 by Nambucca Shire Council for markets and the consent operates from 16 March 2017 to 16 March 2022.  Market stalls are permitted within the eastern retention basin on Lot 3.

 

Council resolved on 16 March 2017 that the Nambucca Shire Council Scotts Head Events Committee of Management and Wildlife Rescue Incorporated be approved to operate markets on the Adin Street Reserve Scotts Head with this approval to be reviewed after 12 months of operation.

 

At its meeting on 12 April 2018, Council resolved to permit the use of the reserve between the tennis courts and the bowling club (Part Lot 3 west) for overflow parking by the community to ease congestion on roads and private car parks during local events and holiday periods.

 

 

CLASSIFICATION OF LAND

 

The Local Government Act 1193, Part 2 Public Land states:

 

“This Part requires all land vested in a council (except a road or land to which the Crown Lands Act 1989 applies) to be classified as either “community” or “operational””

 

Parcels 1002431 and 1002432 are classified as community land, sub-category of General Community Use.

 

The core objectives for the management of community land categorised as a General Community Use are:

 

·    to encourage, promote and facilitate recreational, cultural, social and educational pastimes and activities

·    to provide for passive recreational activities or pastimes and for the casual playing of games

·    to improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management

 

 

OWNER OF LAND

 

Nambucca Shire Council is the owner of the land.

 

 

TRUST, ESTATE, INTEREST, DEDICATION, CONDITION, RESTRICTION OR COVENANT APPLYING TO THE LAND

 

There is no trust, estate, interest, dedication, condition, restriction or covenant applying to the land.

 

OWNERS APPROVAL OF MANAGEMENT PLAN

 

This information is shown in Schedule 1.

 

 

LEASEHOLD DETAILS

 

A 21 year deed of agreement was entered into in November 2014 which entails the Trust maintaining the reserve by mowing, edging and litter collection (excluding events) and providing public toilets.

 

The Reserve is able to be licensed for concerts and fairs to support the cultural experience of Scotts Head.  The fees charged will be set by Council in consultation with the Committee of Management and collected and kept by the Committee of Management for use on the grounds to both maintain and improve facilities.

 

 

MANAGEMENT

 

Consultation

Community consultation forms an integral part of the process of preparing a Plan of Management.  Continuous review and incorporation of community attitudes expectations and requirements into the ongoing management of the reserve is also paramount.

 

Under the requirements of Division 2 Clause 38 of the Local Government Act 1993 the Plan of Management will be placed on public exhibition during which submissions may be made to the Council.  Public notice of this exhibition will be published in the local print media and will detail where and when the plan will be on display and will invite submissions from interested members of the public.

 

During any exhibition period, the plan will be available for perusal at the offices of the Nambucca Shire Council, Princess Street Macksville and also at the Macksville and Nambucca Heads Libraries.

 

Recreation

The reserve provides opportunities for active and passive recreation for the community.

 

The recreational values of the land are significant as there is limited community recreational land available in Scotts Head.

 

Approvals for activities on the land

A person may carry out an activity specified in Part D community land as per the following table annexed to section 68 of the Local Government Act 1993 only with the prior approval of the Council.

 

Part D Community land:

·    Engage in a trade or business

·    Direct or procure a theatrical, musical or other entertainment for the public

·    Construct a temporary enclosure for the purpose of entertainment

·    For fee or reward, play a musical instrument or sing

·    Set up, operate or use a loudspeaker or sound amplifying device

·    Deliver a public address or hold a religious service or public meeting

 

Recreation




Management Issues

Objective/Performance Targets

Means Of Achievement

Cost Responsibility

Manner Of Assessment

Committees of Management

Adin Street Reserve Committee of Management - Maintain the Adin Street Reserve

 

Tennis Court Committee of Management - Maintain and operate the tennis courts and club house

Appoint Councilor(s) to oversee effective running of the Committees

Adin Street Reserve Committee of Management shall develop a budget for maintenance and improvements.

 

Council will consider any funding requirements as part of the annual budget consideration

 

Tennis Court Committee of Management shall be responsible for the ongoing maintenance of the courts and club house

 

Appointed Councilor’s review

Ensure members of Committees of Management abide by the appointment document and implement any council regulations

 

 

 

Maintenance

Maintain Adin Street Reserve

Involve Committee of Management in determining level of service for maintenance

Council

 

Committee of Management

Periodic inspection and audit by council staff

 

Feedback from Committee of Management and public

Maintain grassed areas

Monitor mowing and rubbish removal from the Reserve carried out by NSW Crown Holiday Parks under the Lease Agreement

Council

 

 

Committee of Management

Periodic inspection and audit by council staff

Provide clean, safe and accessible facilities that reflect the needs of the reserve users

Undertake regular inspections to ensure all facilities are in a clean, safe and good working order

Committee of Management

 

Council

 

Periodic inspection and audit by council staff.

Feedback from Committee of Management and public

 




Management Issues

Objective/Performance Targets

Means Of Achievement

Cost Responsibility

Manner Of Assessment

Environmental Management

Develop the Reserve for passive recreation

Undertake detailed development of Reserve Landscape Plan

Committee of Management

 

Council

Ongoing after initial plans achieved

Implement the landscape plan and development plan for passive recreation

Committee of Management

 

Council

 

Protect and enhance the area’s native flora and fauna

Native tree planting and maintenance as appropriate

 

If trees are removed or damaged they should, where possible, be replaced with suitable endemic native trees

 

Fallen limbs or trees with hollows to be replaced with appropriately sized nesting boxes

 

Control of intruded pest species and feral animals

Council

 

Vegetation is maintained in a safe condition by removal of dead and damaged tree branches

 

Annual inspection and replanting schedule

 

Periodic inspection and assessment of pest species and feral animal encroachment onto Reserve

Protect soils to control erosion and minimise the effect of acid sulphate soils

Prevent and repair erosion and remove flood debris

 

Control runoff from road drainage

 

Inspect Reserve within three (3) days of major rainfall events

Council

 

Reserve receives minimal erosion damage during storm and flood events

 

Any flood debris is removed within seven (7) days of rainfall event


Soil and Drainage

To maintain a surface runoff system compatible with the reserve.

Use natural drainage lines, pipelines, dish drains, grass drains

Council

The reserve is to maintain its natural environment

Control runoff from road drainage

Council

No evidence of siltation or water borne rubbish

Prevent and control erosion

Council

Annual inspection

Keep gullies free of debris

Council

Annual inspection

Permit surface drainage of storm water

Council

Plans and completed works to be approved by the Assistant General Manager Engineering Services and the manager responsible for recreation




Management Issues

Objective/Performance Targets

Means Of Achievement

Cost Responsibility

Manner Of Assessment

Trees

Protect and enhance the area’s native flora and fauna

Native tree planting and maintenance as appropriate

 

If trees are removed or damaged they should, where possible, be replaced with suitable endemic native trees

 

Fallen limbs or trees with hollows to be replaced with appropriately sized nesting boxes

 

Control of intruded pest species and feral animals

Council

Vegetation is maintained in a safe condition by removal of dead and damaged tree branches

 

Annual inspection and replanting schedule

 

Periodic inspection and assessment of pest species and feral animal encroachment onto the Reserve

 

Protect soils to control erosion and minimise the effect of acid sulphate soils

Prevent and repair erosion and remove flood debris

Council

Reserve receives minimal erosion damage during storm and flood events

Inspect Reserve within three (3) days of major rainfall events

Council

Any flood debris is removed within seven (7) days of rainfall event

Remove weeds to minimise the impact on the native environment

Manage the invasion of environmental weeds and remove noxious plants through a regular control program

Council

A reduction in exotic plants and the implementation of an annual weed control program

Public Image

For the public to perceive and use the rest area as their own

To make the reserve available to the public to use as public reserve

 

Increased number of people using the reserve once the construction is complete

Provide focal point for social interaction

Encourage community usage of the Reserve

Committee of Management

 

Council

 

Public Safety

Maintain trees to ensure public safety on and around the Reserve

Inspect for dangerous trees

Council

Vegetation is maintained in a safe condition by removal of dead and damaged tree branches

 

Annual inspection

Animals

Control animal access

Events which involve additional access by animals to obtain approval from Committee of Management and Council

Committee of Management

 

Council

 




Management Issues

Objective/Performance Targets

Means Of Achievement

Cost Responsibility

Manner Of Assessment

Dog Control

A safe reserve where dog excrement does not constrain recreational enjoyment

Develop and implement a public education program regarding dogs in the reserve. Disseminate information as to dog owners’ responsibilities in regard to their dogs

Council

 

Committee of Management

Monitored by Council’s Ranger

 

Community feedback

 

 

Allow dogs on leads to traverse the reserve

Council

 

Committee of Management

Observation by Council Ranger

 

Community feedback

Installation of signage to advise the public

Council

Signs are in accordance with current legislation and standards

Signs

Used to identify the area and advise of limitations of usage

Erect signs at access points

 

Signs are in accordance with current Council policy, legislation and standards

Upgrade and install signage in accordance with Council risk management policy and procedures

 

Design is in accordance with appropriate current standards

 

Assessed during the preparation of the draft budget each year

Utilities

To allow the maintenance of the site without causing damage to infrastructure and to allow the installation of utility services in the long term future

Permit the construction of underground pipelines for storm water, sewerage and water supply

Council

Plans and completed works to be approved by the Manager responsible for recreation

Permit overhead or underground electricity supply or the installation of solar panels

Council

Liaison with energy authority, plans and completed works to be approved by the Manager responsible for recreation

Allow services such as telephone lines to be installed above or below the ground

Assess private lines separately for their impact on the reserve

Council

Liaison with communication authority, plans and completed works to be approved by the Manager responsible for recreation

 

Management Issues

Objective/Performance Targets

Means Of Achievement

Cost Responsibility

Manner Of Assessment

Income

Raise income for management of reserve

Recommend to Council applicable fees for uses of the facilities on the reserve

Committee of Management

Ongoing depending on use approved

Recommend to Council applicable fees for uses of the facilities and tennis facilities

Tennis Court Committee of Management

 

Council

Ongoing depending on use approved

Provide input into the preparation of Council’s annual budget

Council

 

Committee of Management

Annual

Apply for Government grants

Committee of Management

 

Council

 

 


Ordinary Council Meeting - 12 July 2018

Revised Plan of Management Adin Street Reserve Scotts Head

 

 

NAMBUCCA SHIRE COUNCIL

SCHEDULE 1

 

PUBLIC RESERVE – GENERAL COMMUNITY USE

ADIN STREET SCOTTS HEAD

 

 

Description

Location

Town Planning Zone

Owner

Trust, Estate, Dedication, Restriction or Covenant on the Land

Owners Approval

Leasehold Details

Parcels 1002431 and 1002432

Adin Street, Scotts Head

RE1 Public Recreation

Nambucca Shire Council

None

Yes

None

 

 


Ordinary Council Meeting - 12 July 2018

Revised Plan of Management Adin Street Reserve Scotts Head

 

APPENDIXES

 

 

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Ordinary Council Meeting - 12 July 2018

Revised Plan of Management Adin Street Reserve Scotts Head

 

NAMBUCCA SHIRE COUNCIL

APPENDIX 1

 

PUBLIC RESERVE – GENERAL COMMUNITY USE

ADIN STREET SCOTTS HEAD

 

 

Basis of Plan of Management

 

The Plan of Management has been prepared in accordance with the provisions of Division 2, Clause 36 of the Local Government Act 1993.

 

 

Community Consultation

 

Community consultation forms an integral part of the process of preparing a Plan of Management.  Continuous review and incorporation of community attitudes expectations and requirements into the ongoing management of the reserve is also paramount.  Under the requirements of Division 2, Clause 38 of the Local Government Act 1993 the Plan of Management will be placed on public exhibition during which submissions may be made to the Council.  Public notice of this exhibition will be published in the local print media and will detail where and when the plan will be on display and will invite submissions from interested members of the public.  During any exhibition period, the plan will be available for perusal at the offices of the Nambucca Shire Council, Princess Street Macksville and also at the Macksville and Nambucca Heads Libraries.

 

 

Implementation

 

Following the adoption of the Plan by Council only operations or development permitted by the Plan will be allowed.  Amendments of the adopted plan is covered by Division 2, Clause 41 of the Local Government Act 1993 and may be required at regular periods to keep abreast of the changing expectations and requirements of the community and ensure the Plan remains useful and relevant.

 

Additional funding for management of the Reserve will be sought from a range of Government, Council and community sources.

 

 

Accountability

 

The Local Government (Financial Management) Regulation 1999 aims to ensure that councils adopt current contemporary best practice accounting policies and procedures, to enhance the ability to compare the financial performance of councils, to ensure the effective management of council finances and to ensure accountability and transparency.

 

 

Management Principles

 

The following principles establish the broad direction the Reserve Management will follow in protecting and enhancing the values of the Adin Street Reserve to achieve the vision:

 

·     Identification and preservation of the values of the natural and built environment

·     Recognition, protection and enhancement of the unique recreational values the location offers

·     Maintenance of the reserve to ensure safe, accessible and enjoyable use

·     Control of infrastructure

Values

There are four (4) main values to be considered.  These broad categories are:

 

·     Conservation

·     Economic

·     Recreation

·     Social

 

To manage community land effectively, it is essential that these values are identified and that their significance in terms of the management of the Reserve is determined.  Further to this significance, the role of these values at a local and regional Reserve level is important.

 

 

Natural Heritage

 

There are many issues to be considered by Council when deciding whether a particular land use or development is appropriate.  Some of which are detailed below.

 

Geology/Soils

It is likely that the original soils have been removed or disturbed and an assortment of imported material used to fill and level the site.  Natural areas are behind dunes and described as a Goolawah soil landscape.

 

Climate

The North Coast region enjoys a subtropical climate with mild average temperatures and relatively high rainfall.  This rainfall is variable, however, and may be low to moderate some years while high intensity summer rainfall in other years has caused various levels of flooding throughout the history of the area.

 

Flora

Native vegetation on the Reserve includes paper bark trees on the north-east corner of the field and near the tennis courts in the south-east corner.  Banksia trees have been planted on the Adin Street boundary and bottlebrush established around the tennis courts.  The reserve is essentially a grassed parcel of land with an assortment of fig trees, cheese trees and banksias amongst other species in and around the reserve area.

 

Fauna

The existing native vegetation in and adjacent to the reserve supports a broad range of native fauna.

 

Scenic and Landscape Values

The reserve provides an attractive park outlook within the village.  It also acts a buffer between the residential and the caravan park.

 

 

Cultural Heritage

 

Aboriginal History

The Unkya Aboriginal Local Land Council advise that there are no significant Aboriginal heritage issues pertaining to the reserve which would require specific management under this plan.

 

European History

There is no history identified which would require specific management under this plan.


NAMBUCCA SHIRE COUNCIL

APPENDIX 2

 

PUBLIC RESERVE – GENERAL COMMUNITY USE

ADIN STREET SCOTTS HEAD

 

References

 

Instrument

Principal Agency

Purpose

Application

Federal

National Coastal Action Plan ( 1993 )

Commonwealth Resource Assessment Commission

 

Fair and equitable public and commercial use of coastal resources which maintains public access, coastal areas and features, biological diversity, water quality and recognises indigenous interests.

 

National Ecotourism Strategy ( 1993 )

Federal Department of Tourism

Develop and promote the sustainable delivery of eco‑tourism products.

 

State

Environment Planning and Assessment Act 1979

Department of Planning

 

Local Government

Assess the environmental, social and economic impact of proposed developments and plans.

Environmental planning instruments including Local Environment Plans (LEP), Regional Environment Plans (REP) and State Environmental Planning Policies (SEPP).  Environmental impact assessment procedures.

Threatened Species Conservation Act 1995

 

Department of Environment and Conservation

Ensure developers consider threatened species and their habitat in planning process.

 

A licence to “harm” or “pick” a threatened species is required from the Director General where development impacts on a threatened species, population or ecological community or damages their habitat.

 

Crown Lands Act 1989

Department of Lands

Ownership and management of Crown Lands eg grazing, extraction, reservation for various purposes.

 

Outlines that Crown Land is managed for the benefit of the people of NSW.  Details the Principles for Crown Land Management and outlines the Plan of Management process.

 

Local Government Act 1993

Local Government

Allow local government to undertake a range of functions and responsibilities.

Allows opportunities for work such as drainage, removal of obstructions, erosion control, and protection of roads.

 


 

Instrument

Principal Agency

Purpose

Application

Rural Fires Act 1997

Rural Fire Service

 

Local Government

Outlines responsibilities of landholders in terms of minimising fire hazard and controlling fires on their properties.

All fire ignitions to be suppressed or at least prevented from spreading from one land tenure to another.  Landholders must implement fuel hazard reduction programs as per their local Fire Management Plan or direction from the Bushfire Management Committee.

Native Vegetation Conservation Act 1999

Department of Natural Resources.

 

Northern Rivers Catchment Management Authority

To conserve native vegetation in NSW.

Controls the clearing of native vegetation and protects habitats and threatened species.  Clearing for fire suppression exempt.

Catchment Management Act 1989

 

Northern Rivers Catchment Management Authority.

Implement Total Catchment Management (TCM).

Catchment Management committees coordinate policies, programs and activities as they relate to TCM.

 

Protection of the Environment Operations Act 1996

Department of Environment and Conservation

Overhaul of EPA legislation including the Clean Air, Clean Waters, Noise Control and other Act.

Provides for the protection of air and water quality and outlines enforcement and penalties.

NSW Costal Policy 1997

NSW Government

Manage coastal and foreshore areas to ensure environmental protection, community access and minimal impact on ecosystems and other values.

 

SEPP 46 (Protection and Management of Native Vegetation)

Department of Natural Resources

 

Northern Rivers Catchment Management Authority

Prevent inappropriate native vegetation clearance.

Refers to all native vegetation, except native grasslands, for which regional grassland plans have been prepared.  Permits needed to clear areas greater than 2 hectare with a Vegetation Management Plan to be prepared by the proponent.  Urban areas excluded from this policy.

NSW Open Space Strategy 1992

NSW Government

Planning for open space and facilities which is equitable, ensures public access and protects significant features.

 


 


Instrument

Principal Agency

Purpose

Application

Local

Draft Mid North Coast Regional conservation plan

Department of Planning

The primary objectives of the draft plan are to identify important conservation values, guide offsetting and assist local councils and other land managers in strategic conservation planning.

 

Mid North coast Regional Strategy 2009

Department of Planning

The strategy maps growth areas that are available for future urban development.  These areas aim to reinforce the Regions’ settlement hierarchy

 

Northern Rivers Regional Economic Development Strategy Plan

Northern Rivers Regional Development Board

Develop a local industry, which caters for domestic tourism via development of facilities with a focus on the middle and lower ends of the market rather than on high priced international style resort development.

 

Local Environment Plan (LEP) 2010

Nambucca Shire Council

The main means of development control with zoning maps and a written instrument categorising developments as either permissible or prohibited.

 


Ordinary Council Meeting                                                                                                     12 July 2018

General Manager's Report

ITEM 9.5      SF959              120718         Outstanding Actions and Reports

 

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

 

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions. Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting. Please note that the status comments have been made one week before the Council meeting.

 

Recommendation:

 

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

 

2        That Council thank the Mid North Coast Local Health District for recruiting Dr Jayne Schofield and Dr Ryan Partridge to work in Bowraville.

 

 

 

 

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

AUGUST 2015

1

SF674

13/08/15

Council write to the appropriate Minister drawing attention to the history of the matter (negotiations to extend Council’s Waste Depot) and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.

 

AGMES

Letter to be drafted to appropriate Minister.

Letter sent week ending 30 September 2015.

Nil response from the Minister to date, another letter sent 3 December 2015.

Response received from Minister and report to a meeting in March 2016.

 

Minister referred staff to Forests and a meeting is being organised with Forests NSW in 2016 for further discussion with a report to be presented to Council afterwards.

 

22/3/17 - AGMES has contacted Forestry and a further meeting to be arranged to consider sites for offset forestry.

 

OCTOBER 2015

2

SF1855

26/11/15

That Council receive a report regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.

 

GM

Report late 2017

 

4/12/17 – awaiting effect of highway closure.

 

10/1/18 – Will be reported to Council in February.

 

31/1/18 – Pending negotiations with the RMS on the highway handover.

 

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

 


 

JANUARY 2017

3

SF2208

12/01/17

Council engage a qualified person to undertake an assessment of flora and fauna on Lot 701 Boronia Street, Nambucca Heads to determine impact of required APZ’s.

 

GM

Report May 2017

15/5/17 – Ecologist has been engaged and a report has been prepared. It will be included/ considered in the housekeeping amendment going to the next council meeting.

 

01/6/17 – Housekeeping amendment planned to be finalised by end of 2017.

 

11/1/18 – Flora and Fauna report completed. Item removed from subject planning proposal to prevent delay in finalisation of housekeeping amendments.  It will be included in upcoming planning proposal to be presented to Council in 2018.

 

MARCH 2017

4

SF2230

16/03/17

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

 

AGMCS

18/3/17 – Report late 2017

 

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

 

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

 

09/05/18 Issues paper received and workshop to be organised.

 

6/6/18 – Public Works have provided a timetable for the completion of the IWCM being:

·    Final Issues Paper – 30/4/18

·    Complete VGA water & sewer analysis 4/5/18

·    Complete Macksville sewer model & issue draft report 4/5/18

·    Issue draft scenario analysis 25/5/18

·    Council review scenario analysis 31/5/18

·    Complete financial  planning 29/6/18

·    Prepare draft IWCM Strategy 13/7/18

 

MAY 2017

5

SF1541

25/05/17

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

 

GM

31/5/17 – Report in October 2017

 

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

 

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

 

 

 


 

JUNE 2017

6

SF2290

15/06/17

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

 

GM

Report in November 2017.

 

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

 

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

 

4/4/18 – Draft Plan and REF complete.  Section 355 Committee to be consulted and the matter reported back to Council by June 2018.

 

21/6/18 – A flying fox camp plan of management has been prepared as well as a vegetation management plan and a review of environmental factors for maintaining the vegetation around the tennis courts.  Together with the works undertaken as part of the estuary plan, these adopted plans will be the only substantive change to the Plan of Management.  The process of advertising these revisions to the Plan of Management is likely to result in the flying fox issue being revisited, a potentially unproductive outcome.  I would recommend that Council rethink this resolution otherwise I will need to attend to it myself when time permits.

 

SEPTEMBER 2017

7

SF2293

28/09/17

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

 

GM

04/10/17 – Pending

 

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

 

24/5/18 - GM followed up

OCTOBER 2017

8

SF2329

26/10/17

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

 

AGMES

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

 

4/4/18 – Report to May 2018 meeting.

 

23/5/18 - Draft Review in June 2018

JANUARY 2018

9

SF979

18/1/18

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

 

GM

Awaiting further information.


 

MARCH 2018

10

SF2433

15/3/18

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

 

GM

27/3/18 – Report in May 2018.

 

23/05/18 – Will be reported in June 2018

APRIL 2018

11

SF2433

12/4/18

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

 

GM

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

 

09/05/18 – General Manager has made representation to the North Coast primary health network and has been advised of an offer for a casual GP replacement on a bulk bill basis.  However, further advice is that the Mid North Coast Local Area Health District is close to procuring a permanent GP and the offer of the casual replacement will not be taken up.

 

2/7/18 – advice has been received regarding the appointment of 2 GP’s to work in Bowraville – Dr Jayne Schofield and Dr Ryan Partridge who commenced on 2 July.  All doctor’s appointments will be bulk billed.

 

12

PRF45

12/4/18

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

 

GM

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

13

PRF10

12/4/18

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

 

AGMES

18/4/18- Report being prepared for September 2018 meeting.

 

 

14

SF1981

12/4/18

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

 

AGMES

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

15

SF2456

12/4/18

Submission to Safe and Secure Water Program for funding of a design and construct contract for the installation of the required infrastructure (water treatment plant).

 

AGMES

18/4/18 - Submission to be drafted for funding.

 

9/5/18 – A submission has been lodged for funding and an Options Report which is expected to be considered by DPI-Water in May 2018.


 

16

T012/2017

12/4/18

That Council make representation to the Member of Oxley seeking her support for reconsideration of additional grant funding consistent with 50% contribution of the project (for Bowraville STP effluent treatment)

 

AGMES

18/4/18 Letter sent 20/04/18.

 

09/05/18 – General Manager has spoken to Melinda Pavey’s office and is assisting them with their representations.

17

SF2303

12/4/18

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

 

GM

18/4/18 - Awaiting appointment of new AGMCS.

MAY 2018

18

SF600

17/5/18

Council work with the Flanders Family and Crown Lands to assist the family in further progressing this claim (for land at Grassy Road)

 

GM

23/5/18 - Letter sent to Crown Lands on 22 May 2018.  The letter seeks their advice as to how to progress the transfer of land to Lesley Flanders.

 

2/7/18 – GM followed up letter sent to Crown Lands on 22 May 2018.

 

4/4/18 – Ms Anne Gillin has been requested to provide a plan that Ms Flanders seeks to be transferred to enable Council proceed with a road closure.  Council’s Surveyor advised that once Council closes a section of the road it will invest in the Crown Lands and will have to be purchased by Council to be transferred to Ms Flanders.

 

19

SF2459

17/4/18

Outcome of negotiations re raising dwellings at 8 & 14 High Street, Bowraville or otherwise getting agreement be reported back to council as soon as possible.

 

AGMES

23/5/18 - Report to Council in September 2018.

20

SF2460

17/4/18

Council defer any decision on regulating horticulture in RU1 and RU2 until the outcome of a similar proposal put forward by Bellingen Council is determined by the Minister.

 

GM

20/5/18 – will track progress of Bellingen’s Planning Proposal and report on any developments.

21

SF941

31/5/18

Consideration of the 12 undertakings re the VIC be deferred (Cr Wilson absent)

 

GM

6/6/18 - Will report at conclusion of exhibition of draft Strategic Tourism Plan

22

SF1031

31/5/18

Staff report to Council once exhibition of the draft amendment to the Companion Animals Policy is completed.

 

GM

6/6/18 – report in August 2018


 

23

SF1031

31/5/18

There be a report to Council following the closing of the exhibition period (for the Review of Draft Beach Management Policy).

 

AGMES

6/6/18 – report by September 2018

24

SF2468

28/6/18

Council advertise a Draft Plan of Management for Lot 2 DP 101698 McKay Street Macksville.

 

GM

30/6/18 – report in October 2018

25

SF1437

28/6/18

Renewal of lease for the Golf Club – Stuart Island.

 

GM

2/7/18 – President of the Club has been contacted to arrange a meeting between representatives of the Board and Council (Mayor, GM, MBD).

 

4/7/18 - Mayor and GM meeting with Golf Club Board Friday 6 July 2018.

 

26

SF2453

28/6/18

Report on timed parking for Macksville and shared traffic zone for River Street Macksville.

 

AGMES

30/6/18 – report to October 2018

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     12 July 2018

General Manager's Report

ITEM 9.6      SF621              120718         Notification of Aboriginal Land Claims

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council advise and provide relevant evidence to the Department of Industry – Lands and Forestry, Aboriginal Land Claim Investigation Unit (ALCIU) that the land the subject of Claim no. 45766 is used for the essential public purpose of a cemetery and further that the property descriptions provided for Claim no. 45767 and 45768 pertain to privately owned land.

 

 

OPTIONS:

 

The Council can make representations to the ALCIU if the Council holds an interest in any of the claimed land that demonstrates at around the time of the claim the land was lawfully used or occupied or needed or likely to be needed for an essential public purpose.

 

DISCUSSION:

 

The Department of Industry – Lands has notified Council of the registration of five (5) new Aboriginal land claims by the NSW Aboriginal Land Council.

 

Lodging of an Aboriginal land claim creates an interest in the land. 

 

The Department of Industry – Lands is seeking information from Council as to whether or not it holds any interest in any of the claimed land.  If the Council holds an interest then the Department is seeking evidence which demonstrates that around the date of the claim the land was”

 

·      Lawfully used or occupied

·      Needed or likely to be needed for an essential public purpose.

 

Alternatively if Council has no interest in the claimed land it is requested that Council advise the Department of such in which case the Council will not be further referenced.

 

The land the subject of the claims together with commentary in relation to Council’s potential interest (if any) is as follows:

 

Claim no. 45766 – Lot 7300 DP 1136862, North Arm Road, Argents Hill

 

The land is shown on the attached plan.  It has an area of approximately 6.5 hectares and provides access to an adjoining property.  It is located to the southern side of North Arm Road just east of the Horseshoe Road intersection.  The land contains the Argents Hill cemetery being Crown Reserve 1000672 for which Council is Trustee.  The Council engages a contractor to mow and maintain the cemetery.  Accordingly the Council should advise the Department of Lands that the land is lawfully used and needed for an essential public purpose, being the cemetery.

 

Claim no. 45767 – Lot 6 DP 755556, Taylors Arm Road, Thumb Creek

 

The land is shown on the attached plan.  It has an area of 106.8 hectares.  Council’s property system indicates the land is not Crown Land but rather is privately owned by Archwood Pty Ltd.  Accordingly the Council should advise the Department of Lands that according to its records the land is not crown land but rather is privately owned and as such would not be claimable.  There is a small section of crown land adjoining the property which may be the subject of the claim, however this is speculation.

 

Claim no. 45768 – Lot 79 DP 1167114, Scotts Head Road, Way Way

 

The land is shown on the attached plan.  It has an area of 16.77 hectares and is owned by Mr L A Cody. Accordingly the Council should advise the Department of Lands that according to its records the land is not crown land but rather is privately owned and as such would not be claimable.  Again the claim may pertain to a section of road which runs through the property and has an area of approximately 4,700m2 but this is speculation.

 

Claim no. 45769 – Lot 7316 DP 1159326, Congarinni Road South, Congarinni

 

This land is shown on the attached plan.  It contains an area of approximately 2,000m2 and fronts Congarinni Road South.  It appears to be bushland and is not used or likely to be used by Council for any essential public purpose.

 

Claim no. 45770 – Lot 3 DP 1003879 and Part of Lot 3 DP 1003879, Main Street, Eungai Creek

 

This land is shown on the attached plan.  It contains an area of 4.025 hectares and is located behind existing houses and to the south of the Eungai Creek Cemetery which itself is a Crown Reserve.  The claimed land is bushland and is not used or likely to be used by Council for any essential public purpose.

 

CONSULTATION:

 

There has been consultation with Council’s Engineering Support Officer who maintains Council’s land register.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

With the exception of the proposed retention of the Argents Hill cemetery there appear to be no significant social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no significant risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Working funds – justification for urgency and cumulative impact

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

1

23944/2018 - Aboriginal Land Claim 45766 - Argents Hill

 

2

23997/2018 - Aboriginal Land Claim 45767 - Thumb Creek

 

3

24377/2018 - Aboriginal Land Claim 45768 - Way Way

 

4

24380/2018 - Aboriginal Land Claim 45769 - Congarinni

 

5

24388/2018 - Aboriginal Land Claim 45770 - Eungai Creek

 

  


Ordinary Council Meeting - 12 July 2018

Notification of Aboriginal Land Claims

 


Ordinary Council Meeting - 12 July 2018

Notification of Aboriginal Land Claims

 


Ordinary Council Meeting - 12 July 2018

Notification of Aboriginal Land Claims

 


Ordinary Council Meeting - 12 July 2018

Notification of Aboriginal Land Claims

 


Ordinary Council Meeting - 12 July 2018

Notification of Aboriginal Land Claims

 


Ordinary Council Meeting                                                                                                     12 July 2018

General Manager's Report

ITEM 9.7      SF983              120718         Notice of an Application for the Protection of Bellwood Sacred Site

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council note the information pertaining to the notice of an application for the protection of a specified area, being the area known as the Bellwood Sacred Site.

 

 

OPTIONS:

 

It is open to Council to register as an interested party and to make representations in relation to the protection of the Bellwood Sacred Site.  If the Council wishes to do this it will need to provide direction to Council staff as to the nature of the representations to be made.

 

DISCUSSION:

 

On Thursday 28 June there was a large advertisement (attached) in the Nambucca Valley Guardian News lodged on behalf of the Australian Government and headed, “Notice of an application for the protection of a specified area, being the area known as the Bellwood Sacred Site, New South Wales.”

 

The advertisement advised that the Minister for the Environment and Energy, responsible for the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) has received an application made under section 10 of the Act seeking to protect a specified area, being the area known as the Bellwood Sacred Site, near Nambucca Heads in New South Wales.

 

The application seeks the preservation or protection of the area specified in the application and depicted in plan in the advertisement, from injury or desecration.  Section 10 of the Act enables the Minister to decide whether to make a declaration to preserve and protect the specified area, if the Minister is satisfied that the area is a significant Aboriginal area and is under threat of injury or desecration.

 

The Applicant, being the Nambucca Heads Local Aboriginal Land Council, states that the specified area is of particular significance in accordance with Aboriginal tradition because it has long been recognised to be a significant Aboriginal area and partially protected as such.  Other statements made by the Applicant include that:

 

·    it is a culturally and gender significant place that Women are not allowed to see or be close to;

·    the area is the focal point of cultural belief on the entire Gumbaynggirr Nation;

·    the area contains no only areas of ceremony, but the walking tracks used for 6000 years for the specific purpose of initiation and meeting;

·    the area is a yam collection site; and

·    the area forms a Cultural Landscape that was used for initiation purposes and includes Gumman and Gaagal Wanggaan

 

The advertisement indicates a claimed threat of injury or desecration which the Applicant attributes to some of the activities that Waifand Superannuation Fund has specified in its roadworks as well as housing development and harvesting that will be undertaken by the Forestry Corporation of NSW.  The threat referred to is primarily attributed to, first, the proposed location of, any works associated with, the creation of a link road to connect Alexandra Drive and Marshall Way, as well as housing development along this road, and second, a native forest harvesting operation in the Nambucca State Forest.  The Applicant states that plans by both parties would severely injure and desecrate the Bellwood Sacred Site and would have the effect of severing Bellwood Sacred Site from the rest of Gumbaynggirr country as well as the cultural connection the Gumbaynggirr Nation have with the site.

 

Subsequent to the publication of the notice, the person referred to in the advertisement for enquiries was contacted to ascertain whether or not they had undertaken direct notification of property owners who might be affected by the application.  It was ascertained that at the time property owners had not been contacted and council staff have answered a request to provide contact details of affected parties.  It was also queried whether or not Council wished to identify itself as an interested party, and therefore have the option of submitting a representation.

 

Council has subsequently been advised by the person appointed to undertake the investigation that once a person or organisation is identified as an interested party, they will be supplied with the Section 10 Application lodged by the Applicant (the Nambucca Heads Local Aboriginal Land Council), plus any supporting documents provided by the Applicant.  Apparently the person undertaking the investigation will only have regard to the Application and supporting documents, plus the representations made in respect to those documents, then to any final comments made in respect to the representations.

 

There have been a number of investigations in the past pertaining to the cultural significance of the site.  In good faith the Council has relied on the outcome of these investigations in making land use planning decisions pertaining to the land over a number of decades.  Council is not privy to any special information in relation to the cultural significance of the land other than the information which has been supplied by Aboriginal people, by consultant studies, and from advice provided by the NSW Office of Environment and Heritage.

 

Given that Council has issued development consents pertaining to the land in the past based on the cultural assessments supplied it may be perceived that the Council’s position is compromised.  For this reason it is not proposed that Council put itself forward as an interested party and make representations in relation to the matter.

 

CONSULTATION:

 

There has been consultation with Leo Anthropological Service Pty Ltd and Council’s Manager Development & Environment.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

It is understood that the Bellwood Sacred Site has a special significance for Aboriginal people.  If the significance of the site had been more fully considered a number of decades ago the Council may not have accepted the dedication of the Farringdon Field in lieu of a substantial developer contribution for open space.  The Field has essentially never been used for its intended sporting purposes because Aboriginal women and children cannot visit the place.  Consequently the Council has been burdened with an on-going maintenance liability of a sporting reserve which has had no functional use and with no prospect of functional use in the future.   The failure to properly consider social implications has resulted in a substantial waste of scarce funds.

 

Economic

 

There may be economic implications in relation to the further development of the land.  This will only be known after the Minister has made a decision.

 


 

Risk

 

There are no particular risks for Council.  The application refers to the construction of the “Link Road” but this road is located outside the mapped, specified area to be protected.  If the Link Road is unable to proceed the significant residential subdivision which was approved by the Regional Planning Panel will similarly be unable to proceed as it is required as a secondary access for reasons of bush fire safety. 

 

There may well be risks for private property owners but it is a matter for them as to whether or not they make representations.  Equally there is a risk for the social values of Aboriginal people if, for whatever reason, their application is not supported.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no new budgetary impacts.

 

Working funds – justification for urgency and cumulative impact

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level changes or staffing implications.

 

Attachments:

1

24075/2018 - Notice of Application for the Protection of a Sacred Area

 

  


Ordinary Council Meeting - 12 July 2018

Notice of an Application for the Protection of Bellwood Sacred Site

 


Ordinary Council Meeting                                                                                                     12 July 2018

General Manager's Report

ITEM 9.8      SF66                120718         Audit Arrangements for 2018-19 and Beyond

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council note the information concerning the proposed audit arrangements for 2018-19 and beyond.

 

 

OPTIONS:

 

The Council has the option of discussing the proposed open tender for auditing services with the Audit Office.

 

 

DISCUSSION:

 

The Council has been advised by the NSW Auditor-General of her intention to contract out the annual financial audit of Nambucca Shire Council beyond the current 2017-18 audit cycle.  The contracting arrangement with the current provider, Forsyths, finishes at the end of the 2017-18 Audit.

 

The Auditor-General advises that starting in July 2018, her Office intends to conduct an open tender process to appoint a suitably qualified and experience audit service provider (ASP) to perform the annual financial audit of the council for a period of four (4) years, with an option to extend a further two (2) years.

 

The audit of this council will be bundled with other local council audits in the same region into a single request for tender.

 

According to the Auditor-General:

 

“The tenders will be assessed on a mix of qualitative and price criterion to ensure the provision of a high quality audit service that maximise value for money and generate insights that challenge and inform government to improve outcomes for citizens.  We will give your head of finance (or their delegate) an opportunity to review some parts of the tender responses before we appoint an ASP.”

 

The Council is invited to contact the Audit Office if it has any objections or concerns with this.

 

With or without the involvement of the Auditor-General an open tender for the provision of audit services for this Council is timely.  It is not proposed that Council make any representations in relation to the proposal.

 

On the related matter of audit fees, this month’s edition of LG “Debits and Credits” contains an article headed, “the rise and rise of audit fees across NSW”.

 

A review of audit remuneration from YE financial statements undertaking by the on-line magazine from the last 6 years of reported financial statement audit fee costs revealed:

 

·           A total 48% increase

·           A 35.6% increase over the past 2 years, and

·           A very large 24.8% increase for the YE 16/17 alone

 

The magazine also undertook an analysis of individual councils for YE 2016/17 finding the highest cost for audit per ratepayer was Brewarrina Shire Council at $27 per ratepayer whilst the lowest cost was Lake Macquarie and Blacktown at a cost of $0.42 per ratepayer.

 

In terms of absolute cost the highest audit fee was $377,000 for the Inner West Council whilst the lowest audit fee was Forbes Shire Council at a cost of $14,000.

 

On the plus side the magazine comments that the move to one overriding auditor across all NSW Councils has the potential to provide a consistency of approach to audit, a uniformity of financial reporting and the ability to identify (and hopefully) resolve industry issues (of a financial nature) at an industry level.

 

As for the minuses they comment, “there is no such thing as a free lunch”.  They also comment, “quite clearly a 20 to 30% increase in costs (and that’s being conservative) has been incurred across the industry to pay for the “potential” arrival of the audit office “pluses””.

 

 

CONSULTATION:

 

The NSW Audit Office has consulted with Council.  The circular from the Audit Office has been provided to relevant finance staff for their information and comment.

 

 

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 identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary impacts.

 

Working funds – justification for urgency and cumulative impact

 

There are no impacts 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                                                                                                     12 July 2018

General Manager's Report

ITEM 9.9      SF2423            120718         Development Applications greater than 12 months or where submissions received -  to 4 July 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 20 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, 112 submissions have been received.

·           12 submissions support the DA in any location that works. Comments include the necessity of being able to receive a reliable signal for residents, businesses and tourists, particularly when emergency services are needed. Some of these submissions also objected to the anonymous posters being distributed in Scotts Head.

·           3 submissions support the structure being placed on the water tower in Vista Way. Comments include Council receiving lease funds from the applicant instead of a private owner, coverage will be better, the structure shouldn’t be placed in a rural setting, less visual impact. Both submissions also object to the structure being placed in Way Way.

·           7 submissions support the structure being placed at Way Way (some of these, but not all, object to the water tower location) –coverage will be good, visual impact minimal, the sooner the better, impact would be greater on water tower as it would be closer to more people, painting it green will minimise the visual impact.

·           27 submissions and 2 petitions object to the structure being placed in Vista Way, however some of these support it being placed at Way Way. Objections include potential health impacts on residents, closer to more people in Vista Way than at Way Way, devaluing properties, visual impact, will prevent residents using the area on Vista Way for recreational purposes, once installed, further infrastructure could be added, salt air could damage the structure. Some state that the out-of-town location at Way Way would minimise these impacts.

·           19 submissions object to the structure being placed at Way Way, with a few of them stating it should go on Council land (at least one stating it should be in Vista Way at the water tower). Objections include tower would be placed in an EEC, danger to the structure through bushfire, structure is too high, impact on rural views and outlook, may not provide coverage to all of Scotts Head , too much clearing will need to occur, no Elder present during heritage assessment.

·           44 submissions and 1 petition object to the structure at either location. Objections include health impacts, incompatibility with a coastal village in a rural setting, income going to private individual, newer technology could come in soon, meaning tower will become a white elephant, visually overwhelming, people moving/living in a coastal village should not expect all the services available in bigger locations, having access to the internet 24/7 will lead to increases in both youth suicide and online gambling.

STATUS: Being reported to this meeting of 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 reported to this meeting of Council

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

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/125

13 June 2018

Alterations to existing caravan park

Lot 162 DP 755560, 26 Swimming Creek Road, Nambucca Heads

Two submissions have been received. Both object to the proposal

·           Altering permanent sites to tourist sites will affect the amenity of the permanent residents

·           Residents living on the back road will be inconvenienced by the proposed turning area in front of site 48

·           The eastern road shouldn’t be two way as it does not appear to be wide enough and it will be unsafe

·           There are drainage issues in these areas that need to be addressed that are not mentioned in the proposal.

·           A private path between sites 48 and 49 is now to be a permanent public path. No consultation was undertaken with those site owners.

·           Lots currently approved as permanent are already being used as tourist lots – a change which has occurred without approval

·           The provided plans do not show recent improvements/changes eg carports, games room

 

STATUS: Being assessed. Has been referred to the RFS

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     12 July 2018

General Manager's Report

ITEM 9.10    PRF47              120718         Results of Australian White Ibis Management Plan Dawkins Park - Year 1

 

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

 

Summary:

 

The purpose of this report is to provide Council with the results of the implementation of the Australian White Ibis Management Plan in Dawkins Park over a period of 12 months.

 

 

Recommendation:

 

1        That Council endorse the continuation of the Ibis Management program for 18/19 period.

 

2        That funds be sourced from the 2018/19 budget already allocated for Dawkins Park improvements.

 

 

OPTIONS:

 

Council may choose not to continue with the program.

 

 

DISCUSSION:

 

In 2016 Council endorsed the Australian White Ibis Management Plan for Dawkins Park. The plan was prepared as one of suite of actions collaboratively targeting improvements to water quality in the pond.

 

The implementation of the plan commenced in March 2017 and continued through to May 2018. The implementation of the plan focused on egg and nest removal activities and some vegetation management activities have been undertaken on the islands. The complete annual report on the results of the program is provided as [attachment 1].

 

The implementation of the plan during the management period involved monitoring of the site and other local areas. This monitoring has allowed for an assessment of the success of the program. 

 

Results

 

Breeding restriction activities were undertaken via both egg and nest removal on a fortnightly basis during the breeding period. A total of 910 nests and 1250 eggs were removed. The highest number of eggs and nests were removed in November 2017.

 

Counts of the Ibis were undertaken at dusk. The counts in Dawkins Park range from a high of 777 in June 2017 to a low of 156 in September 2017. At the completion of the term in May, 253 roosting ibis were recorded.

 

Based on the outcomes of the program the consultants undertaking the management activities in Dawkins Park (Ecosure) conclude the following:

 

Results from the program to date indicate that numbers of Ibis roosting in Dawkins Park have fluctuated in a general downward trend with 581 ibis recorded prior to the implementation of the breeding restriction activities in March 2017 down to 253 at the end of the reporting period in May 2018.’

 

Although the program does not formally monitor other species of birds, it appears that the program is  resulting in a greater diversity of species now roosting on the island including a large number of cattle Egret which are recognised as a migratory species under the Environment Protection and Biodiversity Conservation Act (Federal legislation). This is considered a positive outcome given the islands have historically been dominated by Ibis which are generalist species well adapted to urban environments.

Given these positive results and the objective of improving water quality and the visitor experience to the area, Ecosure recommend that the program continue with active management activities and a monitoring program throughout the 2018/19 period.

 

It is recommended that Council continue the program for another breeding season. The estimated cost to continue the program for the 2018/19 period is approximately $20,000.

 

 

CONSULTATION:

 

Ecosure

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The management of the Ibis population in Dawkins Park is likely to provide positive results in respect to water quality and amenity. It also appears that the management program is allowing a greater diversity of species to reside in the area.

 

Social

 

Nil

 

Economic

 

Nil

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The continuation of the program will be funded via budgets already allocated to Dawkins Park in the 2018/19 period.

 

Working funds – justification for urgency and cumulative impact

 

Nil

 

Service level changes and resourcing/staff implications

 

Contractors will be engaged to oversee the continuation of the program. Councils Coordinator of Strategic Planning and Natural Resources will provide an administrative role to the program.

 

 

Attachments:

1

22182/2018 - PR2366-RE.AWIMP Annual Report (Ibis)

 

  


Ordinary Council Meeting - 12 July 2018

Results of Australian White Ibis Management Plan Dawkins Park - Year 1

 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                     12 July 2018

General Manager's Report

ITEM 9.11    SF1897            120718         Scotts Head Events Committee of Management - Decision to become Incorporated and request to retain funds

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

Council has received advice from the Scotts Head Events Committee of Management that it is considering becoming Incorporated and therefore independent of Council, contingent upon retaining the funds the Committee has raised over the past few years. 

 

The formation of the Committee was endorsed by Council on 26 June 2013 with the purpose of conducting a Scotts Head Food and Wine Festival. 

 

The Committee has successfully operated the Festival and associated fund raising annually since then and is now ready to become independent of Council. 

 

 

Recommendation:

 

1        Council note and endorse Scotts Head Events Committee of Management’s intent to transition to an Incorporated Association.

 

2        That the Section 355 Committee be disbanded once an Incorporated Association has been established.

 

3        That Council transfer all funds currently held by the Scotts Head Events Committee of Management to the newly Incorporated Association once established and upon presentation of evidence of Incorporation.

 

 

OPTIONS:

 

Council could decide not agree to the Committee becoming Incorporated, however this is not supported by this report nor is it the desire of the current Committee members.  The current arrangement (ie delegation) is a bit different to the most common type of delegation by Council – this Committee raises funds and conducts an annual event for Council which is not on Council land.  It seems a natural transition that under Council’s umbrella, the Event and Committee have become established and can now move to independence. 

 

Council could also decide not to transfer the current Committee’s bank balance to a newly Incorporated body but this is not support by this report either.  The Committee has worked hard to raise funds and seek sponsorship for the annual Festival and now their efforts have paid off and they are able to become independent of Council and still continue to conduct the annual Festival. 

 

DISCUSSION:

 

Minutes of the Scotts Head Events Committee of Management Annual General Meeting held 18 October 2017 record the membership as:

 

Sabrina Compton, Tina Midson, Pip Midson, Dianne French, Gary Matley, Jim Forbes, Joanne Devereaux, Norman Devereaux and Ian Yates.

 

On 6 December 2017, members of the Committee of Management met with Council staff to discuss the proposed 2018 Scotts Head Food and Wine Festival and the possibility of becoming independent of Council – how they should go about this, what’s involved etc?

 

The attachment to this report outlines the matters discussed and the Committee’s request for Council’s assurance that should it become Incorporated, the balance of the Section 355 Committee’s account would be transferred to the newly Incorporated body. 

 

Council should note that the then Assistant General Manager – Corporate Services, Scott Norman provided a balanced and honest summary of the pros/cons of operating as a Section 355 Committee of Management or as an Incorporated body – at the December meeting and in follow-up correspondence.  The Committee has been considering this for some time and have decided to proceed – minutes of their 1 May 2018 meeting are attached.

 

The Committee has provided a current bank balance of $31,729.90 (at 28 June 2018) and is therefore in a position to fully underwrite the 2019 Food and Wine Festival.  Council is assured that its enthusiastic fund raising will continue to ensure future viability. 

 

The Food and Wine Festival is now an established event in the annual calendar and coincides with the autumn holiday tourist period. 

 

CONSULTATION:

 

General Manager

Assistant General Manager – Corporate Services

Safety and Risk Officer

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues identified.

 

Social

 

The Food and Wine Festival is now a fixture on the social calendars for locals and tourists alike.

 

Economic

 

It is well established that successful community events are good economic drivers.  The development of the Pacific Motorway makes a day trip from Coffs Harbour and Port Macquarie a realistic option if there are quality events and activities to travel for.

 

Risk

 

As a Committee of Management, Council wears the entire risk for the Food and Wine Festival and numerous fund raising activities throughout the year as they are essentially activities of Council.

 

There is a small risk regarding future viability of the Food and Wine Festival if fund raising and event income does not keep pace with expenses, however this Committee is experienced in delivering many successful events and the likelihood of this scenario is low.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no impacts on current or future budgets.

 

Working funds – justification for urgency and cumulative impact

 

Nothing required.

 

Service level changes and resourcing/staff implications

 

Nothing identified.

 

Attachments:

1

24099/2018 - Letter from Scotts Head Events Committee of Management advising that the Committee wishes to Incorporate

 

2

24103/2018 - Minutes of the Scotts Head Events Committee of Management meeting 1 May 2018

 

  


Ordinary Council Meeting - 12 July 2018

Scotts Head Events Committee of Management - Decision to become Incorporated and request to retain funds

 

To whom it may concern,

Following on from this meeting (see notes below)
We are forwarding you this letter. (Also attached)


Notes from meeting with Scotts Head Events Committee Wednesday 6.12.17  4PM

 

Present from Council – Scott Norman, Ken Fowler (convener), Coral Hutchinson, and Anthony Brandie. 

Purpose of meeting- Called by Ken Fowler to discuss applications for future events and possible alternate legal structures for the entity. 

1.        Single point of contact at Council.  Anthony Brandie (Senior Health and Building Surveyor) nominated himself as the single point of contact at Council,   the logic being most enquiries relate to even