GENERAL
PURPOSE COMMITTEE
17
DECEMBER 2008
AGENDA Page
1 APOLOGIES
2 DISCLOSURE OF INTEREST
3 General Manager Report
8.1 Arts
Mid
8.2 Inspection
of
8.3 Excavation
at Rear of Nambucca Entertainment Centre - 17 December 2008
4 Director Environment and Planning Report
9.1 Life
Education Presentation to Council
9.2 Report
on Review of Nambucca Shire Council - On-Site Sewage Management Plan
9.3 Report
on Draft Animal Management Plan for the Nambucca Shire
9.4 Valla
Growth Area Rezoning Proposal
9.5 Report
on DA 2008/269 - Change of Use to Residential and Deck, Garage and Internal
Alterations - 48 High Street, Bowraville
5 Director Engineering Services Report
10.2
Leaving Council
at 7.45am to be at
Time |
Description |
Where OS/CC |
Item No |
Page |
7.45
am |
Inspection
of |
OS |
8.2 |
4 |
8.30
am |
Policy
Reviews On-site
Sewage Management Plan Animal
Management Plan |
CC |
9.2
and 9.3 |
10
and 39 |
9.00
am |
RICHARD
HOLLOWAY (Arts Mid North Coast) Presentation to new Councillors |
CC |
8.1 |
2 |
9.30
am -9.45 am |
Morning
Tea & Introduction of New Staff (Stephen Fowler - Engineering Designer) |
|
|
|
10.00
am - 11.00 am |
|
OS |
10.2 |
93 |
11.30
am - 12.00 noon |
|
OS |
10.1 |
74 |
1.00
pm - 2.00 pm |
|
OS |
9.4 |
61 |
2.15
pm-2.45 pm |
Inspection
of Excavation at rear of Nambucca Entertainment Centre |
OS |
8.3 |
6 |
3.00
pm -3.15 pm |
Presentation
to Council by Life Education - thank you for Council support |
CC |
9.1 |
8 |
3.30
pm - 4.30 pm |
DA |
OS |
9.5 |
63 |
(OS
= on site, CC = Council Chambers)
17
December 2008 |
General Manager's Report
ITEM 8.1 SF775 171208 Arts Mid
AUTHOR/ENQUIRIES: Monika Schuhmacher,
Executive Assistant
Summary: The Regional Arts Development Officer, Mr
Richard Holloway, requested time to address a full meeting of the recently
elected Council to undertake a presentation regarding their partnership with
Local Government in this region and in particular with Nambucca Shire
Council. |
That Council note
the presentation by Mr Richard Holloway, Regional Arts Development
Officer—Arts Mid North Coast Inc. |
OPTIONS:
There are no options to
consider.
DISCUSSION:
At Council’s Special
Meeting on 2 October, Arts Mid North Coast was advised in writing that
Council’s nominated representative to that organisation will once again be Cr
Martin Ballangarry OAM.
Arts Mid North Coast
(AMNC) is a regional arts and cultural development organisation funded through
a partnership between the NSW State Government (Department of Arts Sports and
Recreation) and Local Government.
Each of the following
Councils across the Mid North Coast pay an annual financial contribution, based
on a population formula, to AMDN’s core operations. These Councils are: Great Lakes, Greater
Taree, Port Macquarie-Hastings,
Kempsey, Nambucca, Bellingen and
AMNC is one of thirteen
Regional Art Boards across regional and rural NSW, peaked at the state level by
Regional Arts NSW (based in
Over the last three
years AMNC has been involved in attracting almost $4 million for arts and
culturally related programs and project activity across the region.
CONSULTATION:
Arrangements for
presentation made between Mr Holloway and Monika Schuhmacher.
SUSTAINABILITY
ASSESSMENT:
Environment
The is no impact on the environment.
Social
There is no social impact.
Economic
There is no economic impact.
Risk
There is no risk involved.
FINANCIAL IMPLICATIONS:
Direct
and indirect impact on current and future budgets
There is no impact on current and future
budgets.
Source
of fund and any variance to working funds
There is no variance to working funds.
There are no attachments for this report.
17
December 2008 |
General Manager's Report
ITEM 8.2 SF923 171208 Inspection
of Coronation Park Amenities
AUTHOR/ENQUIRIES: Michael Coulter,
General Manager
Summary: Council will be undertaking an inspection
of |
That the
inspection of the |
OPTIONS:
There are no
options. Council resolved to undertake
an inspection.
DISCUSSION:
Council at its meeting
on 4 December 2008 resolved that an inspection be carried out at
Council has set a budget
of $935,677 for a new amenities and kiosk building utilising $423,000 in funds
being made available by the Commonwealth Government under the Regional and
Local Community Infrastructure Program.
An invitation has been
extended to the Committee of Management to attend the inspection.
CONSULTATION:
The Committee of
Management has been invited to attend the inspection.
SUSTAINABILITY
ASSESSMENT:
Environment
There are no implications for the environment.
Social
There are no social implications from an inspection.
Economic
There are no economic implications from an inspection.
Risk
There is no risk with an inspection.
FINANCIAL IMPLICATIONS:
Direct
and indirect impact on current and future budgets
There is no budgetary implications.
Source
of fund and any variance to working funds
There is no impact on working funds.
There are no attachments for this report.
17
December 2008 |
General Manager's Report
ITEM 8.3 SF323 171208 Excavation
at Rear of Nambucca Entertainment Centre - 17 December 2008
AUTHOR/ENQUIRIES: Monika Schuhmacher,
Executive Assistant
Summary: The Nambucca Entertainment Centre Committee
of Management has expressed concern to Council regarding erosion resulting
from excavation which is taking place on a development site at the rear of
the Entertainment Centre. |
That Council note
the outcome of the inspection of the site at the rear of the Nambucca
Entertainment Centre. |
OPTIONS:
1 To inspect the site.
2 Not to inspect the site.
DISCUSSION:
The Committee of
Management have been informed of the date and time of Council’s site
inspection—that being Wednesday 17 December 2008 at 2.15 pm.
The Committee have also
been informed that they will only
be able to go onto Mr Winton’s property by invitation/permission from the developer.
Mr Ron Hawkins was engaged by
Council to look at issues of movement in the rear and side extensions of the
Entertainment Centre due to movement on the rear corner of the building at the
fire exit and within the building in one of the change room areas.
Prior to the development works
commencing on the Neptune Apartment site a pre-existing condition report was
prepared by the developer. Unfortunately a copy of this report is not on
Council’s files and this will be followed up with the local developer.
The area of concern raised in
previous correspondence and calls to Council related to the new excavation work
undertaken behind the stage area which has since been retained and back filled.
The area of the site behind the Post
Office and abutting the fire stairs from the Entertainment Centre has not
undergone any excavation as part of the building program and is believed to be
in a similar state for many years.
Council building staff will however
undertake further investigation work on the site and have discussions with the
developer.
It is understood the works
undertaken on the pre existing excavation area by the developer is to cover an
exposed sewer main and an attempt to landscape/beautify the area as part of the
new development.
CONSULTATION:
Nambucca Entertainment
Centre Committee of Management.
SUSTAINABILITY
ASSESSMENT:
Environment
If this stability of the site needs to be sound and any erosion
possibilities attended to.
Social
The thought that some parts of the Entertainment Centre building
foundations my not hold up under the excavation is causing concern to Committee
members.
Economic
Any repairs from damage to the Entertainment Centre that may be caused
from the excavation will be at the cost of the developer.
Risk
There is a safety risk involved.
FINANCIAL IMPLICATIONS:
Direct
and indirect impact on current and future budgets
At this stage it is unknown what the impact
on current and future budgets (if any) may occur.
Source
of fund and any variance to working funds
There is no variance to working funds.
There are no attachments for this report.
17
December 2008 |
Director Environment &
Planning's Report
ITEM 9.1 SF806 171208 Life
Education Presentation to Council
AUTHOR/ENQUIRIES: Coral
Summary: Life Education’s Upper Mid North Coast Educator, Ceri Wrobel, and Community Development Officer, Maggie Barnewall, will be attending the meeting to thank Nambucca Shire Council for its support of Life Education for many years and to give a brief update. |
That Council receive the presentation from Life
Education NSW and note the worthwhile benefit from its annual allocation of
funds to transport the van to schools around Nambucca Shire. |
OPTIONS:
There are no options identified.
DISCUSSION:
Life Education NSW was established thirty years ago, and Nambucca Shire Council has been towing the Life Education mobile learning centre between towns and primary schools throughout the Nambucca Shire for many of those years. The “in kind” towing service provided by Councils, saves Life Education NSW thousands of dollars in towing costs every year.
Life Education is a not for profit organisation, providing preventative drug and health education programs to over 750,000 primary school students throughout Australia, including over 1000 Nambucca shire children each year. Students attend age appropriate Life Education sessions in the mobile learning centres that visit schools annually. Life Education NSW receives a portion of the cost to deliver its program from NSW Health and by charging student attendance fees. The balance, approximately one third, is sought from community fundraising and sponsorship.
Life Education’s quarterly publication “UNIQUE” includes an article in its Summer edition together with a photo featuring Dave Nash representing Nambucca Council’s towing staff. Visit.
CONSULTATION:
No specific consultation required.
SUSTAINABILITY ASSESSMENT:
Environment
There are no issues identified
Social
Council through its budget allocation and
support for Life Education contributes to positive social and health outcomes
for primary school students, their parents and teachers and the wider
community.
Economic
Nothing identified
Risk
There is a small risk associated with towing
the van which is addressed under Council’s risk management associated with
vehicles.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on
current and future budgets
An allocation of $3,000 is included in the 2008-09 budget. Council will
be requested to continue this support in future budgets.
Source of fund and any variance to
working funds
Nothing required.
There are no attachments for this report.
17
December 2008 |
Director Environment &
Planning's Report
ITEM 9.2 SF1232 171208 Report on
Review of Nambucca Shire Council - On-Site Sewage Management Plan
AUTHOR/ENQUIRIES: Neil Pengilly,
Senior Health and Building Surveyor
Summary: On-site sewage management systems, historically known as septic systems, are utilised to treat and/or dispose of wastewater from both domestic and non-domestic premises in non-sewered areas. The current Nambucca Shire Council - On-site Sewage Management Plan was prepared in June 1999 and provides a strategy for the regulation of systems within the Shire. Since that time significant changes in legislative requirements and technological advances have occurred. The draft On-site Sewage Management Plan 2009 has been prepared to address these changes. The draft plan applies a risk assessment process to determine the likely environmental and public health impacts of a system. The type of system installed and its proximity to environmentally sensitive areas are prime considerations in determining the risk classification. Under the draft plan, systems with a high risk classification have more stringent operational and monitoring requirements imposed compared to systems in a lower risk class. Additionally systems that have a proven satisfactory performance record are rewarded with a reduced risk classification where as unsatisfactory systems may have there classification increased. |
1 That the draft Nambucca Shire
Council On-site Sewage Management Plan 2009 be advertised for community
consultation from 29 January 2009 to 27 February 2009. 2 That following the exhibition
period, a further report be presented to Council for adoption of the
Management Plan. |
OPTIONS:
Council has the following options:
1 To advertise the draft on-site sewage management plan for public consultation;
2 Require modification of the draft plan prior to community consultation; or
3 Resolve not to proceed with the draft plan.
DISCUSSION:
The Local Government Act, 1993 is the over-riding legislation that governs on-site sewage management systems.
The Act and its subordinate legislation places requirements on the installation, operation and management of all on-site systems.
When legislation
pertaining to on-site sewage management systems was introduced it was reported
that up 70% of existing systems within
The impact of
inadequate disposal of effluent was highlighted in 1997 when the commercial
aquaculture operations of
On a local and
more recent event, the closure of oyster operations in the Bellinger and
In areas remote from the estuarine system, the satisfactory performance of an on-site system is still required to ensure minimal impact on the environment. Poorly planned or poorly maintained systems may increase the potential for pollution of groundwater or increase the risk of human exposure to pathogens.
The Draft On-site Sewage Management Plan has been prepared with the following prominent matters being considered:
1 Update/change reference documents;
2 Provide risk assessment matrix to determine classification;
3 Extend/reduce licence periods for on-site systems according to performance;
4 Require additional treatment for systems in high risk locations; and
5 Concession for aerated wastewater treatment systems.
1 Update/Change Reference Documents
· The Local Government (Approvals) Regulation, 1993 has been replaced by the Local Government (General) Regulation, 2005.
· AS 1547 – 1994 Disposal Systems for Effluent from Domestic Premises has been superseded by AS 1547 – 2000 On-site Domestic Wastewater Management. It should be noted that the Environment & Health Protection Guidelines – On-site Sewage Management for Single Households, which was released in 1998 and is a reference document under Council’s draft plan, identifies the 1994 standard.
· The following documents are now referenced within the draft plan:
a Protection of the Environment Operations Act, 1997;
b AS/NZS 1546.1:1998 – On-site Domestic Wastewater Treatment Units- Septic Tanks;
c AS/NZS 1546.2:2001 – Waterless Composting Toilets;
d AS/NZS 1546.3 – Aerated Wastewater Treatment Systems;
e NSW Department of Health – Certificates of Accreditation for Septic Tanks and Collection Wells; and
f NSW Department of Health – Greywater Reuse in Sewered Single Domestic Premises
2 Provide Risk Assessment Matrix to
Determine Classification
The licensing period for an on-site system is determined according to its risk classification. Licensing periods may be 1, 3, 5, or in some circumstances 10 years with the system being inspected by Council at the expiry of each license period.
In order to determine the risk classification, a matrix has been prepared (Table 12.2 of the draft plan). The matrix allocates points for varying aspects of the proposed system such as location, type of treatment system, surrounding environmental factors, etc.
The points are “weighted” so that critical aspects are scored according to there potential impact.
The higher the score, the more potential for significant adverse impact should the on-site system fail.
Accordingly a high score may result in a 1 year licence and annual inspection requirement being imposed compared to a low score and say a 5 year licence period.
3 Extend/Reduce Licence Periods for
On-site Systems According to Performance
The draft plan proposes to introduce provisions where the risk classification (and hence the inspection frequency) may be reduced or increased depending upon the performance of the system.
If an operating system fails a Council inspection, a direction will be given to improve maintenance, operation or upgrade the system as required. If a system fails two (2) consecutive inspections the risk category will increase one class and further action may be necessary. If a particular system is increased in risk classification, the subsequent licence period is reduced and more frequent inspections will result to ensure that the system poses no adverse impacts to the environment. For example a system with a 3 year licence period that fails two consecutive inspections will have its licence period reduced to 1 year.
Conversely, where two (2) consecutive Council inspections confirm the system is operating satisfactorily, the system will be reduced one (1) risk class from its initial classification. For example a system with a 3 year licence period may be extended to 5 years upon its renewal.
By applying this provision, property owners who have an on-site system that is installed and operated in a satisfactory manner are rewarded through reduced Council inspections and the associated fees.
It should be noted that the provision for extending the licence period does not apply to primary treatment systems (eg conventional septic tanks with no secondary or tertiary treatment) located in an environmentally sensitive area or within 100m of a permanent water source. This acknowledges the high risk of environmental impact should a system of this description fail.
4 Require Additional Treatment for Systems
in High Risk Locations
As mentioned above, in the event of a failure or poor performance, systems within an environmentally sensitive area or within 100m of a watercourse pose a significant risk to the environment. To address this matter, the draft plan proposes that all new systems within these areas are required to be either secondary or tertiary treatment (aerated wastewater treatment system, sand filters, reed beds, etc.).
The additional treatment provides a “better” quality of effluent by the reduction of pathogens and/or nutrients resulting in a lower potential adverse impact.
The installation of any system within these areas will only be considered were there is no alternative location available.
Where an existing system requires repairs or replacement, the proposed works are to comply with the new requirements. Council will consider alternative proposals on a case by case basis where compliance is physically not possible.
5 Concession for Aerated Wastewater
Treatment Systems
Aerated wastewater treatment systems are accredited by the NSW Department of Health. As part of their accreditation, the systems are required to be serviced by authorised contractors on a quarterly basis.
The matter has been raised by members of the public in relation to the “doubling” of inspections. One by an authorised contractor and then one by Council.
In order to address this matter, the draft plan provides a concession for owners of an aerated wastewater treatment system that are subject to a “fixed service agreement” with an authorised contractor. The concession waives the requirement for Council inspection where the system is being inspected by an authorised contractor and quarterly service reports are submitted to Council.
Council will only inspect the system when the service agreement expires.
For example if the system is classified a high risk, a 1 year licence period and annual inspection by Council would generally be applicable. However if a 3 year “fixed service agreement” is in place Council will only inspect that system at the expiration of the service agreement. Council would not undertake an annual inspection.
CONSULTATION:
The Draft On-site Sewage Management Plan has been reviewed within Council’s Department of Environment and Planning.
It is recommended that the document be made available for public exhibition and comment.
SUSTAINABILITY
ASSESSMENT:
Environment
The draft On-site Sewage Management Plan provides a strategy to ensure that the on-site disposal of domestic effluent occurs in a sustainable manner and with minimal adverse impact upon the environment.
Social
There are no social implications from this plan.
Economic
The cost of
installing, upgrading or replacing failed onsite systems places a financial
burden on the property owner.
Risk
Exposure to litigation may occur where it was proven that Council had failed to meet its statutory commitments. The implementation of this plan will assist in reducing any such exposure.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on
current and future budgets
The impact of the plan on current and future
budgets is generally neutral. A minor reduction in income may occur where the
frequency of inspections undertaken by Council are reduced. This reduction in
income will be off set by a reduction in expenditure via payment to Council’s
contractor undertaking the inspections.
Source of fund and any variance to
working funds
Funding is derived from fees associated with the lodgement of applications and inspections undertaken by Council.
1View |
31004/2008 - On-Site Sewage Management Plan 2009 |
|
General Purpose
Committee - 17 December 2008 Report on Review of Nambucca Shire Council - On-Site
Sewage Management Plan |
Attachment
1 31004/2008 - On-Site Sewage
Management Plan 2009 |
|
ON-SITE SEWAGE MANAGEMENT PLAN
2009
January
2009
General Purpose Committee - 17 December 2008 Report on Review of Nambucca Shire Council - On-Site
Sewage Management Plan |
Attachment
1 31004/2008 - On-Site Sewage
Management Plan 2009 |
TABLE OF CONTENTS
1 EXECUTIVE SUMMARY
2 LOCAL CONTEXT
3 SCOPE
4 AIMS
5 OBJECTIVES
6 GOALS
7 REVIEW PROCESS
8 ADMINISTRATION
8.1 APPROVAL
8.2 NON COMPLIANCE
8.3 LEGISLATION SCHEDULE
8.4 AUSTRALIAN STANDARDS AND
GUIDELINES
8.5 PERFORMANCE STANDARDS
9 SEWAGE TREATMENT AND
DISPOSAL
9.1 TREATMENT
9.2 DISPOSAL
9.3 DESIGN
9.4 FLOOD PRONE LANDS
10 MANAGEMENT RESPONSE
10.1 RESPONSE
10.2 ACTION PLAN
10.3 FUNDING
11 RISK ASSESSMENT
11.1 SITE LIMITATIONS
Table 11.1:
Site Limitations
11.2 BUFFER DISTANCES
12 RISK EVALUATION
12.1 EVALUATION
Table 12.1:
Risk Evaluation Classifications
12.2 INSPECTIONS
Table 12.2:
Risk Assessment Matrix
13 PLAN REVIEW AND
EVALUATION
13.1 TYPES OF SYSTEMS
13.2 DEFINITIONS
General Purpose
Committee - 17 December 2008 Report on Review of Nambucca
Shire Council - On-Site Sewage Management Plan |
Attachment
1 31004/2008
- On-Site Sewage Management Plan 2009 |
1 EXECUTIVE
SUMMARY
This On-Site
Sewage Management Plan (strategy) was prepared in accordance with the
requirements of the Local Government (General) Regulation, 2005.
The Local Government Act 1993 requires all
on-site sewage management systems to be licensed by Council.
On-site sewage management systems (which
include septics, aerated wastewater treatment systems, composting toilets,
greywater systems, etc) are required in all non-sewered areas.
These systems treat wastewater from a
premise before being disposed of to an on-site land application area. Land
application areas may include absorption/evaporation beds, subsurface
irrigation or drip irrigation.
The Plan provides information to applicants
and the community about On-Site Sewage Management Systems and what must be
included in an application to install, modify or operate such a system.
On-site systems that are not performing
satisfactorily may lead to significant environmental and public health issues.
As such the long term viability and satisfactory performance of the system is
fundamental in minimising any potential adverse impacts.
2 LOCAL
CONTEXT
Nambucca Shire
Council is a rural Shire located on the Mid North Coast of New South Wales. It
comprises a mix of towns, villages, rural residential and rural areas.
The Shire is
bounded on the north by Bellingen Shire and on the south and west by Kempsey
Shire. It is roughly triangular in shape, being 1,433km2 with a
coastline of approximately 20km. The Shire geographically represents the
catchment units for the
The Shire can be
divided topographically into two (2) broad areas. The western part comprises
the rugged topography of the eastern edges of the New England Plateau,
dominated by steep hill slopes and valleys with a significant area having
slopes in excess of 33%. The eastern part of the Shire is characterized by the
gentle slopes of the
From the
elevation of 0.0 metres at the mouth of the
Much of the Shire
comprises steep land (60%), with the remaining areas undulating (20%) or flat (20%).
The most productive rural land is on the alluvial flats of the
As at 19 November
2008 there were 2897 On-Site Sewage Management Systems registered with the
Nambucca Shire Council.
3 SCOPE
The Australian/New
Regulations
gazetted on 6 March 1998 require owners of relevant premises to apply to
Council for approval to operate and amend a system of sewage management. The
Council is required to grant an operating approval (eg, a sewer management
license). The granting of any such approval allows the Council to monitor
performance on a regular basis and to levy an inspection fee (frequency will
depend on area sensitivity) to cover reasonable costs.
4 AIMS
This management
plan is intended to:
¨ Provide a
framework to manage and regulate the impact of On-Site Sewage Management
Systems in the Nambucca Shire Local Government area and to ensure community
accountability.
¨ Assist Nambucca
Shire Council in prioritising resources for efficient regulation and monitoring
of On-Site Sewage Management Systems within the shire area.
¨ Co-ordinate environmental assessment, data collection and monitoring
which is related to On-Site Sewage Management.
¨ Allow for site assessment on risk management basis and consideration of
alternate solutions on environmentally sensitive sites.
¨ Provide opportunity for education of system users through ongoing
auditing programs.
5 OBJECTIVES
This plan has
been designed to achieve the following objectives:
¨ The protection of
surface water and ground water.
¨ The protection of
land and vegetation.
¨ Minimise the
health risk associated with On-Site Sewage Management facilities.
¨ To encourage the re-use of
resources eg the reuse of grey water after treatment through a council approved
system.
¨ To promote
ecologically sustainable development.
6 GOALS
¨ To continue
building and maintaining a database of all On-Site Sewage Management Systems.
¨ To map and
maintain details of soil and site conditions and suitability for On-Site Sewage
Management Systems. The mapping overlay being placed on Council’s GIS and use
of this information in conjunction with site specific soil reports should
provide beneficial data for all new systems being installed.
¨ To ensure that
all land application areas comply with environment and health protection
standards and Council operating requirements.
¨ To adopt a
partnership approach with household and service agents to support continual
improvement of On-Site Sewage Management systems.
¨ To determine the
structures and facilities needed to support On-Site Sewage Management Systems.
¨ To ensure that all
On-Site Sewage Management Systems are inspected by qualified people at regular
intervals and are maintained as required.
¨ In co-operation
with householders, to develop a site specific Sewage Management Plan for each
household using an On-Site Sewage Management System.
¨ To review Council
development standards and approval criteria for subdivision, development and
building works to ensure that appropriate provision is made for sustainable
On-Site Sewage Management when residential development occurs in non-sewered
areas.
¨ To consult
aerated wastewater treatment systems agents to ensure that maintenance reports
certify that the system operation and land application of effluent is being
done in compliance with the site requirements.
¨ To promote the use
of suitably qualified service contractors that is acceptable to council. Such
contractors may be recognised on a regional basis.
7 REVIEW
PROCESS
The review
process was undertaken for the following reasons:
¨ To determine the
structures and facilities needed to support On-Site Sewage Management Systems.
¨ Update references
to guidelines, standards and legislation requirements.
¨ Asses the
management plan against the eight (8) years of implementation to asses’
community concerns and any improvement that can be made to this plan.
¨ Continue with
requirements of council’s management plan.
¨ Provide improved
assessment standards.
With the
inspection and assessment process now in its eighth (8) year, the following
issues are being addressed as part of the review process:
¨ Upgrading of
existing systems that are not performing satisfactorily.
¨ The phasing out
of “long drop” toilets (pit toilets).
¨ Upgrade of
greywater systems on larger rural properties.
¨ Upgrade access to
tanks to ensure good maintenance and operation of the entire on-site system.
¨ Undertake ongoing
education of operators and owners of on-site sewage management systems.
¨ Identify
properties that have unregistered systems.
¨ Follow up on
systems installed with unauthorised land uses.
8 ADMINISTRATION
8.1 APPROVAL
Under Section 68
of the Local Government Act 1993, Council approval is required for the
installation, construction or alteration of a human waste treatment device or
storage facility and drains connected to it.
Council approval
is also required for the ongoing operation of an On-Site Sewage Management
System. Failure to obtain an approval or to comply with the conditions of an
approval are offences liable to a maximum penalty of twenty penalty units
(currently $2200).
Clause 26 of the Local Government (General) Regulation 2005 sets out the
details that are to accompany an application with Clause 29 specifying the
matters Council must take into consideration when assessing an application to
install or alter an on-site sewage management system.
Council has
responsibility under the provisions of the Local Government Act to maintain a
register of On-Site Sewage Management Systems within their local government
area.
Local Government
therefore has responsibility to ensure that each approved system is maintained
and serviced correctly. Furthermore, Local Government has a legislative
responsibility to ensure that approved systems are installed and operated
according to approved specifications and any special conditions.
NOTE: A helpful fact sheet and checklist
containing specific details that must accompany an application is available
from the
8.2 NON COMPLIANCE
The failure to
operate or maintain a system in accordance with a Council approval or the
requirements of NSW Health may lead to operating licenses being
suspended/withdrawn, Orders issued or penalty notices being served.
8.3 LEGISLATION SCHEDULE
The following
Acts and Regulations contain provisions that are applicable to on-site sewage
management systems:
¨ Local Government
Act 1993
¨ Local Government
(General) Regulation 2005
¨ Protection of the
Environment Operations Act 1997
The commencement
date of the On-Site Sewage Management Legislation was the
6 March 1998 (date of the gazettal). The legislation provides that:
¨ Land owners with
On-Site Sewage Management facilities installed prior to the
6 April 1998 must apply to the Council to register their system and
for approval to operate a System of Sewage Management.
¨ New performance
standards for approvals to install, construct or alter an On-Site Sewage
Management facility apply from the 6 March 1998.
¨ Land owners who
install new On-Site systems after the 6 April 1998, must obtain
Council approval to operate a system of sewage management prior to the intended
date of occupation of the premises.
¨ Council’s were
required to adopt an approved fee for applications for approval to operate any
new system installed from 6 April 1998 by resolution and public notice
under Section 612 of the Local Government Act 1993. This fee is included in
Council’s Annual Management Plan.
8.4 AUSTRALIAN STANDARDS AND GUIDELINES
The relevant
Standards and Guidelines are as follows:
¨ AS/NZS
1546.1:1998 - On-site Domestic Wastewater Treatment Units – Septic Tanks
¨ AS/NZS
1546.2:2001 – Waterless Composting Toilets
¨ AS/NZS
1546.3:2001 - Aerated Wastewater Treatment Systems
¨ AS/NZS 1547:2000
– On-site Domestic Wastewater Management
¨ AS/NZS 3500:2003
– Plumbing and Drainage
¨ NSW Department of
Health - Certificates of Accreditation for Septic Tanks and Collection Wells
¨ NSW Department of
Health – Greywater Reuse in Sewered Single Domestic Premises
¨ Environmental
Health Protection Guidelines – On-site Sewage Management for Single Households
¨ Nambucca Shire
Council On-site Sewage Management Plan
8.5 PERFORMANCE
STANDARDS
Council must not
approve an application which would not comply with performance standards
prescribed by the Regulation and must take into consideration, relevant
guidelines and directions that have been issued by the Director General of
Local Government.
In 1998 the Local Government Act 1993 was
amended to include new regulations for On-site Sewage Management (OSSM)
Systems.
The current
regulations specify that On-Site Sewage Management Systems should be designed,
installed and operated to ensure the following environmental and health
performance objectives will continue to be met over the long term:
¨ Prevention of
health risk.
¨ Protection of
land.
¨ Protection of
surface waters.
¨ Protection of
ground waters.
¨
Conservation and re-use of resources.
¨ Protection of
community amenity.
Clause 9 of the
Local Government (General) Regulation 2005, requires that a system of sewage
management must be operated in a manner that achieves the following specific
performance standards:
¨ To prevent the
spread of disease by micro-organisms.
¨ To prevent the
spread of foul odours.
¨ To prevent the
contamination of water.
¨ To prevent the
degradation of soil and vegetation.
¨ To discourage
insects and vermin.
¨ To ensure that
persons do not come in contact with untreated sewage or effluent in their
ordinary activities on premises.
¨ To provide for
the re-use of resources (including nutrients, organic matter and water).
¨ To minimise
adverse impacts on the amenity of the land on which it is installed or
constructed and other land in the vicinity of that land.
9 SEWAGE
TREATMENT AND DISPOSAL
9.1 TREATMENT
Wastewater
requires varying levels of treatment, depending on the method of disposal and
the sensitivity of the site. Treatment is generally classified as primary,
secondary or tertiary.
Primary treatment
is the separation of suspended material from wastewater by settlement and/or
floatation in septic tanks, primary settling chambers, etc prior to discharge
to either a secondary treatment process or to a land application system.
Secondary
treatment is generally an aerobic biological process involving the settling or
filtering of effluent from a primary treatment system and provides an improved
“quality” effluent.
Tertiary
treatment is the disinfection of effluent to destroy or remove pathogenic
micro-organisms.
The following
table indicates the level of wastewater treatment required for the relevant
land application system:
Table 9.1:
Treatment Levels for Land Application Systems
TREATMENT |
DEVICE TYPE |
LAND APPLICATION SYSTEM |
Primary |
· Septic Tank · Greywater Tank · Waterless Composting Toilet · Wet Composting Toilet · Combustion Toilet |
· Soil Absorption system · Burial (compost) |
Secondary |
· AWTS · Greywater Treatment · Septic Tank and Recirculating Sand Filter · Reed Beds |
· Subsurface irrigation |
Tertiary (disinfection) |
· AWTS · Greywater Treatment · Septic Tank and Recirculating Sand Filter |
· Subsurface irrigation |
Greywater Tertiary |
· Greywater Treatment Device |
· Subsurface irrigation · Toilet · Washing Machine Use |
Source: Environment and Health Protection Guidelines (Modified)
Septic Tanks have been the
most common method of On-site wastewater treatment in un-sewered areas of the
Shire. A conventional septic tank built in traditional style comprises of tank,
inlet and outlet fittings, possibly a partition, inspection and access holes
and covers. Septic tanks can be single or multiple chambered tank through which
wastewater is allowed to flow slowly to permit suspended matter to settle and
be retained, so that organic matter contained therein can be decomposed
(digested) by anaerobic bacterial action in the liquid. The term covers tanks
used to treat all-waste, greywater or blackwater.
Over the past
fifteen (15) years the use of composting closets and aerated wastewater
treatment systems have increased as accepted alternatives to traditional septic
tanks. Composting toilets may be either a “wet’ or “dry” system. The waste
material is deposited via a chute into a chamber where it is decomposed into
humus by composting micro-organisms.
Aerated
wastewater treatment systems are accredited by NSW Department of Health and are
essentially a compact treatment plant that processes all domestic wastewater
from premises. They contain a primary settling chamber, an aeration chamber, a
clarification chamber for the further settling of suspended solids and a
chlorination chamber for disinfection. It is a requirement of NSW Health that
the systems are inspected and serviced on a quarterly basis.
Various secondary
treatment systems and alternate solutions such as sand/membrane filters or
reed beds are
available and being promoted within the Shire. Reed beds consist of impermeable
ponds which are filled with a media such as rock, gravel or coarse sand. The
media supports the root system of the vegetation. As the wastewater flows
through the media the root system removes some of the nutrients and uptakes
moisture via transpiration.
With sand/membrane
filtration, effluent that has undergone a primary treatment is collected in a
sump or holding well and is pumped intermittently for distribution through a
bed of coarse sand. A diversion valve is placed in the return line to the sump,
and the effluent is directed to a land application system.
Greywater is wastewater from all fixtures excluding the kitchen, toilet
or urinal. With clean water becoming a scarce resource, the reuse of greywater
is an increasingly important consideration. Greywater “diversion devices” may
be used for subsurface disposal within the garden in conjunction with an
approved on-site sewage management system. Where reuse within the home for
washing machine or the flushing of toilets is proposed a greywater “treatment
system” accredited by NSW Health is required to be installed. NSW Health has
various publications available that outline the requirements for diversion
and/or reuse.
9.2 DISPOSAL
Effluent that has
been treated may be discharged to a land application area. Application areas
vary in their design and method of disposal to suit a range of factors
including, type of treatment system, climatic conditions, site constraints,
etc.
Common disposal
systems within the Nambucca Shire are:
· Absorption
Trenches and Beds
Absorption
trenches and beds are designed to dispose of treated effluent by percolation
into local soils. As absorption is the primary method of disposal this style is
ideally suited to soils with a mid range percolation rate. Soils that are too
dense will not permit the migration of the effluent leading to flooding of the
trench. Conversely soils that drain too freely (sand, gravel, etc.) may not
provided adequate filtration of the effluent and risk contamination of groundwater
supplies. Absorption trenches and beds are the most widely used on-site
disposal systems throughout the Shire.
· Evapotranspiration
Area
Evaporation/transpiration
areas place effluent into the root zone of plants allowing transpiration and
evaporation while sub-soil soakage is maintained. They generally have a large
surface to depth ratio in order to maximise effluent infiltration of the
vegetation root zone. Climatic conditions are a critical consideration in the
design of these systems as wet weather may have a significant adverse affect on
the efficiency of the evapotranspiration area.
· Subsurface
Irrigation
Subsurface
irrigation is generally employed with a pressurised system utilised in
conjunction with an AWTS or other secondary treatment system. The effluent is
typically disposed of in shallow trenches over a large area which can
incorporate gardens or the like. The pressurised system permits the disposal
area to be located at a higher elevation than the treatment chamber and
therefore provides more opportunities to maximise reuse.
Note: Conventional treatment methods
of wastewater cannot remove all bacteria or viral organisms. Exposure or
contact may result in adverse health effects and as such the surface disposal
of effluent via spray irrigation or other method is not permitted within
Nambucca Shire.
9.3 DESIGN
Historically, the
design and selection of on-site sewage management systems only received cursory
consideration which was reflective of the technical standards and requirements
of the time. With the release of Australian Standard 1547-1994 (subsequently
superseded in 2000) and the State Governments Environment and Health Protection
Guidelines for On-Site Sewage Management (1998) the standards of design altered
to reflect the need for specific site, soil and climatic assessment.
It is also relevant to mention that prior
to the Approvals provisions of the Local Government Act, 1993 the NSW Health
Department had responsibility for the approval of all sewage management
installations in un-sewered areas.
The primary reference documents for the
design and installation of on-site sewage management systems within Nambucca
Shire are:
1 AS/NZS 1547-2000 – On-site Domestic
Wastewater Management,
2 Environment and Health Protection
Guidelines – On-site Sewage Management for Single Households, and
3 Nambucca Shire Council On-site Sewage
Management Plan.
Special note should be made that only under
extreme circumstances will an on-site sewage management system be permitted
within 100 metres of a permanent waterway or environmentally sensitive area.
With such a proposal, the system must include a secondary or tertiary treatment
component and be sited to maximise any available buffer.
New
Systems
The installation and operation of any new
on-site sewage management system requires the prior approval of Council.
An Application to Install an On-site Sewage
Management System shall include a written report detailing the type of system
proposed and a specific site and soil assessment for the subject property.
Council will assess the application for
compliance with AS/NZS 1547-2000 On-site Domestic Wastewater Management with
consideration of the requirements from Environment and Health Protection
Guidelines – On-site Sewage Management for Single Households.
The application shall include:
1 On-site
Sewage Manage Report
· The report is to be prepared by a suitably
qualified and experienced consultant,
· The report shall provide a detailed site
and soil assessment which addresses climate, topography, geology and vegetation
aspects,
· A recommendation for the most appropriate
form of on-site sewage management system,
· A recommendation for the proposed
configuration and location of the system along with supporting calculations.
2 Site
Plan
· Drawn to a scale of 1:200 or larger,
· Showing the location of the on-site system
and disposal area with distances from all buildings and property boundaries,
· Showing a “reserve” disposal area
equivalent in size for duplication of the disposal area,
· Indicating the position of all fittings and
drainage lines,
· Indicating the distance to any
environmentally sensitive area eg rivers, creeks, farm dams, bores, dry
gullies, etc.
3 Manufacturers
Specifications and Accreditation Certificates
· Full specifications of the proposed on-site
sewage management system,
· Certificate of Accreditation from the NSW
Department of Health.
Existing
Systems
Existing systems that are failing and
require modifications are to be upgraded to comply with the requirements for
new systems where possible. A system is considered to have “failed” when it
does not satisfactorily address the performance standards identified within
this plan.
Where compliance with the new requirements
is not possible, Council will consider alternative proposals on a case by case
basis. The protection of the environment and public health are dominant
considerations in such a circumstance.
A preliminary assessment of the site
constraints and soil condition are to be accompanied by the modified design
along with supporting calculations. The preliminary assessment may be
undertaken by persons with appropriate knowledge and experience (eg a licensed
plumber).
9.4 FLOOD PRONE LANDS
New
Installations:
The design and installation of new on-site
sewage management systems should ensure all components of the system are
located above the 1:100 year flood level. Where this cannot be achieved the
treatment system components are to be located above the 1:100 year flood level
with the disposal area to be above the 1:20 year flood level for the relevant
site.
Electrical components, vents and inspection
openings of wastewater treatment devices should be sited above the 1:100 year
flood level.
Amendments/modifications
to existing systems:
Where existing systems are installed below
the 1 in 100 year flood level for a site, options to ensure the following
security of the system are to be implemented:
¨ Tanks and
collection wells are to be sealed to prevent flood water infiltrating the
system,
¨ Overflow Relief
Gullies if installed are to be terminated above the 1 in 100 year floor level,
provided this level is not above the fixture flood level or floor waste level
in the building connected to the system. See AS 3500 for details.
¨ Where flood free land is available on the site
consideration be given to pumping liquid effluent to disposal facility above
the 1 in 100 years flood level.
For land where no established flood levels
are held by Council, documented evidence is to be submitted demonstrating the
site is unaffected by flooding (eg historical information, photographs, etc).
10 MANAGEMENT
RESPONSE
10.1 RESPONSE
Applications for
installation of an on-site sewage management system were not required in rural
areas prior to the building regulations being extended to the rural areas from
the 1 March 1982. This has resulted in a variety of standards and type of
systems for on-site sewage management being installed within the rural areas of
the shire during these unregulated years.
It is therefore
considered important that any management response to the issue of On-Site
Sewage Management systems and the disposal of waste should seek to achieve a
balance between:
a Improving
Council’s approach to achieving sustainable long term outcomes and;
b Encouraging
facility owners to upgrade these older systems to ensure that their systems are
operating and being maintained appropriately and also acknowledging the
limitation that apply to these older systems.
The situation
that exists in un-sewered areas is such that sustainable long term outcomes
should be achievable in most cases using On-Site Sewage Management Systems. In
order to achieve more sustainable and long term outcomes for on-site wastewater
management it is necessary to identify the fundamental principles which apply
to wastewater management. For the purposes of this plan the following
principles have been adopted:
1 Conservation and Re-Use of Resources
The resources in
domestic wastewater (including nutrients, organic matter and water) should be
identified and utilised as much as possible within the bounds posed by the
other performance objectives and regulatory requirements. Water conservation
practices should be encouraged and subsequent wastewater production minimised.
2 Appropriate Treatment And Disposal
The level of
wastewater treatment and the methods of disposal required depend not only on
the nature and sensitivity of the receiving environment, but also on the
potential uses of the treated wastewater and bio-solids.
3 Reliability
All on-site
sewage management systems require, to varying degrees, maintenance and
servicing to be undertaken. It is inappropriate to install a sewage management
system and to expect it to perform adequately without maintenance and
performance inspections being carried out. Education of the system user is
considered fundamental to the satisfactory performance of an on-site sewage
management system.
4 Long Term Impacts
The above principles have been used to
identify a range of goals and actions which are considered integral to
achieving more sustainable sewage management outcomes in un-sewered areas.
These goals and actions have been developed into an action plan.
5 Public Health And Health Impacts On
Occupants
Poor maintenance
of components of an on-site system can severely impact on health of the
surrounding public and that of the tenant or occupier of the premises connected
to the system. Both blackwater (toilet waste) and greywater (all other sources)
contain high bacterial loads and can be breeding grounds for insects and a
vector for disease.
10.2 ACTION PLAN
The objectives
and goals have been developed to reflect, in responding to the issue of sewage
management in un-sewered areas, a multifaceted approach which requires:
¨ Education/information.
¨ Service
provision.
¨ Efficient and
effective administration.
¨ Facility
provision.
¨ Appropriate
regulation and enforcement.
It is suggested
that if the on-site sewage management issue is viewed in this context then
regulatory and enforcement mechanisms will be minimised and generally accepted.[r2]
The regulatory
process has been developed to ensure compliance with both stages of the
approval process being Installation and Operation of the system. Aspects of
Council’s Action Plan have been included in Council’s Annual Management Plan
for quarterly reporting.
10.3 FUNDING
Council is able
to raise revenue for On-Site Sewage Management programs and services through:
¨ Ordinary rates
for general administration and services.
¨ Special rates
levied on particular parcels of land that have access to, benefit from or
contribute to the need for particular programs and services.
¨ Charges for
On-Site Sewage Management services.
¨ Approved fees for
service (including regulatory services to individuals).
¨ Develop a charge under
Section 94 of the Environmental Planning and Assessment Act.
In developing a
revenue strategy it is considered important to develop an approach which is:
¨ Administratively
efficient.
¨ Cost efficient.
¨ Fair, equitable
and minimises financial impact.
¨ Guarantees
implementation.
Having regard to
the above it is proposed that actions which involve environmental assessment,
monitoring and reporting and community education be funded through charges
levied on premises using sewage management facilities.
Provision has
been made within Council’s Management Plan for the development and ongoing
monitoring of the On-site Sewage Management Plan. The legislation requires
individual site management plans to be developed.
Accordingly
provision has been made within the management plan for annual fees and charges
to be adopted for the following activities:
¨ Approvals to
install and operate an On-Site Sewage Management System fee (one-off payment).
¨ Approval to amend
an existing on-site sewage management system.
¨ Renewal fees for
issuing an operating approval for existing systems.
¨ Pre purchase
inspection of on-site sewage management system.
¨ Registration fee
for existing systems installed prior to 1999.
¨ Issue a copy of
an operating approval.
¨ Application to
change ownership details on operating approval.
Note: Council is the only
authority who can issue approvals to operate an on-site sewage management
system under Section 68 (6) of the Local Government Act 1993.
11 RISK
ASSESSMENT
11.1 SITE LIMITATIONS
Prior to the
installation of any new on-site sewage management system, a site assessment report
is to be undertaken to identify any site limitations. These site limitations
can impinge upon the type of system installed and the location of the system.
Where the assessment reveals major limitations associated with particular site
features additional investigation or design adjustments will be required. This
may involve a concession based on measures such as:
¨ Improved effluent
quality through secondary/tertiary treatment.
¨ Increased margin
of safety such as an increase in disposal area or an alternate method of
disposal.
¨ The supplementary
maintenance programs such as increased frequency of inspection.
¨ Landscaping and
appropriate tree planting.
¨ Identification of
a reserve area on site for replacement of on-site disposal area in case of a
major failure.
The following
table depicts both major and minor limiting site features.
Table 11.1: Site Limitations
SITE FEATURE |
NO LIMITATION |
MINOR LIMITATION |
MAJOR LIMITATION |
Flood potential (new systems) |
Total system above 1:100 year flood level |
Treatment System above 1:100. Disposal area above 1:20 flood level |
Treatment system below 1:100 year flood level[p3] |
Flood potential (existing systems) |
Total system above 1:100 year flood level |
Treatment System above 1:100. Disposal area above 1:20 flood |
Treatment system below 1:100 year flood |
Signs of erosion |
None |
Some/Slight |
Yes |
Slope |
0 – 10% |
10% - 20% |
> 20% |
Exposure water run-off |
Low |
Moderate |
High |
Site Drainage (Surface dampness) |
None |
Slight |
Yes |
Exposure to sun |
High(not in shadow) |
Moderate (some shadow) |
Low (no direct sunlight) |
Exposure to wind |
Moderate |
Moderate |
Low |
Compliance with nominated buffer distances |
Yes |
|
No |
Filled earth |
No fill |
Fill present |
|
Rocks and rock outcrops (% of land surface
containing rocks >200mm diameter) |
<10% |
10-20% |
>20% |
Source: Environment Health Protection Guidelines (modified)
Each of these
site features will be considered on applications to install any on-site
disposal system.
11.2 BUFFER DISTANCES
It is necessary,
when installing on-site disposal systems, to ensure that sufficient viable land
is left for such practices as clothes drying and recreation within the yard as
well as a reserve area for future disposal of effluent on each premise.
Associated with this are buffer zones around the disposal field to minimise
impacts on the surrounding environment and to reduce the potential for human
contact with wastewater. The recommended buffer zones under the guidelines for
all land application areas are:
¨ 100 metres to a
permanent surface water (eg river, streams, lakes etc).
¨ 250 metres to
domestic ground water wells, bores and spear pumps.
¨ 40 metres to
other waters (eg dams, intermittent waterways and drainage channels, etc).
In addition to
the above the following buffer distances apply as appropriate:
Tertiary
Treatment Systems:
¨ Six (6) metres
down gradient it to swimming pools, property boundaries, driveways and
building.
¨ Three (3) metres
to paths and walkways and up gradient to driveways and property boundaries.
¨ Three (3) metres
from edge of disposal area to boundaries at same contour level as the disposal
area.
Note: Surface disposal of effluent
within Nambucca Shire is not permitted
Primary and
Secondary Treatment Systems:
¨ Twelve (12) metres if area
up gradient of property boundary.
¨ Six (6) metres if area down
gradient of property boundary.
¨ Six (6) metres if area up
gradient of swimming pools, driveways and buildings.
¨ Three (3) metres if area
down gradient of swimming pools, driveways and buildings.
¨ Three (3) metres
from ends of trenches to boundaries at same contour level as trenches.
Where compliance with the above buffers is
not possible, Council will consider alternative proposals on a case by case
basis. The protection of the environment and public health are dominant considerations
in such a circumstance. Special note should be made that only under extreme
circumstances will an on-site sewage management system be permitted within 100
metres of a permanent waterway or environmentally sensitive area. With such a
proposal, the system must include a secondary or tertiary treatment component
and be sited to maximise any available buffer.
Note: All Reserve areas for effluent disposal are to be indicated on
the plan and this area is to be preserved for future disposal of effluent.
12 RISK
EVALUATION
12.1 EVALUATION
Risk assessment
and evaluation of on-site disposal systems will be undertaken on a site
specific basis. The risk assessment for a system failure will be determined
according to the proximity of the environmentally sensitive areas and potential
for negative impact upon human health. History of failure will also be a
contributing factor in determining risk assessment. The risk evaluation will
determine the frequency of inspections undertaken by Council and will vary from
one (1) to ten (10) years.
Table 12.1: Risk Evaluation Classifications
RISK
EVALUATION |
INSPECTION
FREQUENCY |
RISK
ASSESSMENT SCORE |
Class 1 (High) |
Every year |
Considered a high risk Has a score higher than
19 |
Class 2 (Medium) |
Every three (3) years |
Considered
a medium risk Has
a score of 15-19 |
Class 3 (Low) |
Every five (5) years |
Considered a low risk Has a score of less than
15 |
Class 4 (Very Low) |
Every ten (10) years |
Initially Class 3 risk
but has had two consecutive satisfactory inspections |
The Risk
Assessment score is determined by a matrix which provides a weighting to the
issues considered in undertaking the evaluation. The matrix is represented in
Table 12.2.
If a system fails
the risk assessment inspection, a direction will be given to improve
maintenance, operation or upgrade the system as required. If a system fails two
(2) consecutive inspections the risk category will increase one class and
further action may be necessary to provide an alternate disposal system on the
property. If a particular system is increased in risk classification, an
increase in the frequency of inspections will result to ensure that the system
poses no adverse impacts to the environment.
In the event of
two (2) consecutive risk assessment inspections confirming the system is
operating satisfactorily, the system will be reduced one (1) risk class from
its initial classification. This
concession does not apply to primary treatment systems located in an
environmentally sensitive area or within 100m of a permanent water source.
12.2 INSPECTIONS
Regular inspections will be undertaken by
Council on all on-site sewage management systems. The frequency of the
inspection will be determined according to the systems Risk Evaluation and
Assessment. The risk evaluation and subsequent inspection frequency is
determined from the following matrix. Special Notes at the bottom of the table
are to be read in conjunction with the matrix assessment:
Table 12.2: Risk Assessment Matrix
FEATURES |
RESPONSE |
POINTS |
||
Type of Wastewater Treatment |
Primary 10 points |
Secondary 5 points |
Tertiary 0 points |
|
Environmentally Sensitive Area (Flood
prone, high water table, catchment area, etc) |
Yes 10 points |
Borderline 5 points |
No 0 points |
|
Buffer Distance to Permanent Water
(River, creek, etc) |
<100m 10 points |
101-250 m 5 points |
>250m 0 points |
|
Buffer Distance to Intermittent Water
(Intermittent creeks, gullies, farm dams) |
<20m 10 points |
21-40 m 5 points |
>41m 0 points |
|
Buffer Distance to Any Ground Water Bore |
<125m 10 points |
125-250 m 5 points |
>250m 0 points |
|
Buffer Setbacks Between System and
Property Boundaries/Buildings Comply |
Yes 0 points |
|
No 5 points |
|
Signs of Surface Dampness at Disposal
Area |
Yes 5 points |
|
No 0 points |
|
Evidence of Erosion at Disposal Area |
Yes 2 points |
|
No 0 points |
|
Slope |
1-10% 0 points |
11-20% 1 points |
>20% 2 points |
|
Exposure to Sun/Wind |
Good 0 points |
Average 1 points |
Low 2 points |
|
Protection From Surface Water Entry to
Disposal Area (Swales, Berms) |
Yes 0 points |
|
No 2 points |
|
Fill Present (>300mm) |
Yes 2 points |
|
No 0 points |
|
TOTAL:
Class 1 Risk Category (High): >19
points
Class 2 Risk Category (Medium): 15-19
points
Class 3 Risk Category (Low): <15
points
Special Notes:
1 Any
system not complying with the minimum buffer distances for permanent water or
is located in an environmentally sensitive area (flood prone, high water table,
etc) is subject to a Class 1 Risk Category.
2 An
Aerated Wastewater Treatment System may be reduced one (1) risk classification
where a signed service agreement is in place between the system owner and a
service contractor acceptable to Council. A copy of the quarterly inspection
report undertaken by the contractor is to be submitted to Council. In this
circumstance the Council inspection will be undertaken on the expiry or termination
of each service agreement.
3 All
on-site sewage management systems within 100 metres of any permanent waterway
must include a secondary or tertiary treatment component.
13 PLAN
REVIEW AND EVALUATION
Council maintains
a commitment to the continuing improvement in the regulation and operation of
On-Site Sewage Management Systems. The sewage management plan will be a
“living” document that is undergoing a process of continual improvement.
Council’s resources have been stretched in areas where there are large numbers
of on-site sewage treatment facilities and a permanent contractor has been
engaged to undertake the renewal assessment inspections as there is a need to
provide and improve treatment and monitoring of the program.
The
implementation of this plan will be reviewed and evaluated every four (4) years
in order to ensure:
¨ That the outcomes
being achieved reflect the goals and objectives of the plan.
¨ That the goals
and objectives are still relevant and continue to meet community, council’s and
environmental & public health expectations.
¨ Develop best
practice notes and fact sheets and make these available from the council
website for property owners to assist with maintaining systems and improving
there performance.
¨ That the plan
accommodates changes to legislation and new technology.
13.1 TYPES OF SYSTEMS
1 Aerated Wastewater Treatment Systems
(AWTS)
Aerated
wastewater treatment systems provide tertiary treatment of effluent and are
accredited by NSW Department of Health. They are essentially a compact
treatment plant that processes all domestic wastewater from premises. They
contain a primary settling chamber, an aeration chamber, a clarification
chamber for the further settling of suspended solids and a chlorination chamber
for disinfection. It is a requirement of NSW Health that the systems are
inspected and serviced on a quarterly basis.
2 Composting Toilets
Composting toilets use a process of
biological degradation by micro-organisms to convert waste material into humus.
The compost from compost/humus toilets must be removed on a regular basis and
can be disposed of on-site by burial. The design and configuration of the
systems vary significantly.
3 Conventional Septic Tank
A septic tank
provides primary treatment of effluent and usually comprises two chambers.
These chambers can be separate or within the one tank. The first or primary
chamber allows some of the solids to settle to the bottom of the tank and oils
and fats to rise to the surface to form a scum layer. The solids that settle to
the bottom of the primary chamber undergo anaerobic decomposition forming
sludge. The second chamber permits further settling of solids and creation of a
scum layer before the effluent is discharged to a land application area
(usually absorption trenches or evapotranspiration areas).
4 Elevated Mound Disposal System
(Wisconsin Mound)
An elevated mound is typically a large mound of varying height made of
sand or other course media. A network of small diameter pipes with small
perforations distributes the effluent uniformly over the absorption area of the
mound. The effluent infiltrates into and percolates through the media before
being absorbed into the natural earth.
5 Grey & Black Water
These systems provide primary treatment and
comprise of two tanks - one receiving wastewater from
the toilet, and the other receiving wastewater from the combined laundry,
shower & possibly kitchen (depending on proposed method of disposal/reuse).
Some systems included a 'grease-trap' in the plumbing between the kitchen and
the septic tank, to limit the amount of fats and oils going to the tank.
6 Pumpout
Due to unsuitable
site conditions for wastewater disposal Council allows, under extreme
circumstances, the installation of pump out systems. This involves the use of a
collection well which stores treated wastewater from the septic tank. The
stored wastewater is then pumped out into approved tankers which transport the
wastewater to Council sewage treatment works where treatment and disposal
occurs
7 Secondary/Tertiary Treatment[c5]
Systems
After the
wastewater has undergone primary treatment the effluent may be further refined
to secondary or tertiary quality. By this further process pollutant levels
within the wastewater can generally be reduced to a level that is readily
manageable. However, effluent from some treatment systems may still be
biologically active and contain high levels of pollutants. There have been many
developments in the area of ancillary on-site sewage management systems. These
systems can be added to the main treatment train with the objective of improving
the effluent quality, and so enabling the treated wastewater to be managed in a
larger number of ways. These ancillary systems are not considered to be
treatment systems requiring certification by NSW Health. At this stage they are
considered optional, but they are worthy of consideration.
8 Water Diversion Device
A simple device
used to divert some or all of the grey water to garden applications. Only to be
used during times of low rain fall. Note
cannot be used all the time.
13.2 DEFINITIONS
Absorption: The uptake of effluent into the soil by
capillary action.
Aerated
Wastewater Treatment System (AWTS): A system which uses the process of aeration followed
by clarification and disinfection to treat wastewater.
Blackwater: Wastewater from a toilet or urinal
Composting
Toilet: Composting toilets
collect and treat toilet waste only. Water from the shower, sink and washing
machine, etc. needs to be treated separately. The compost produced has special
disposal requirements but is usually buried.
Disposal
Area: An area of land
specifically designated for the application of treated effluent.
Effluent: Wastewater discharging from a sewage
management system.
Evapotranspiration: Process by which soil moisture is subject
to processes of evaporation from the sun and wind and is transpired to the
atmosphere by vegetation.
Greywater
(or sullage): Domestic
effluent, excluding toilet waste and depending upon method of disposal my
exclude kitchen waste.
Guidelines: Environment and Health Protection Guidelines
– On-site sewage Management for Single Households.
On-site
Sewage Management System (OSSM): Any facility that stores, treats and/or disposes of sewage and
wastewater and requires an approval to operate issued under the Local
government Act 1993.
Pump-out
System: A septic system
where all accumulated wastewater is removed from site by a purpose built
tanker. Such systems generally incorporate both a primary septic tank and a
collection well.
Run-off: The part of precipitated effluent that
becomes surface flow because it is not immediately absorbed into the soil.
Septic
Tank: A sealed vessel that
treats greywater, blackwater or both bur provides only limited treatment
through the settling of solids and the flotation of fats and greases.
Wastewater: The combined blackwater and greywater from
a domestic premise.
---oo0oo---
17
December 2008 |
Director Environment &
Planning's Report
ITEM 9.3 SF226 171208 Report on
Draft Animal Management Plan for the Nambucca Shire
AUTHOR/ENQUIRIES: Rhys Edwards,
Health & Building Surveyor
Summary: A considerable amount of time and effort on the part of Council officers is expended through dealing with nuisance complaints involving the keeping of certain types of animals in specific zones, particularly Urban and Rural-residential areas. A draft management plan has been prepared to assist Council staff when dealing with such matters. This document also proposes to assist shire residents in making informed choices as to the appropriateness of certain types of animals in urban and rural-residential areas. |
1 That the Draft Nambucca Shire
Council Animal Management Plan 2009 be advertised for community consultation
from 29 January 2009 to 27 February 2009. 2 That following the exhibition
period, a further report be presented to Council for consideration and
adoption of the Management Plan. |
OPTIONS:
Council has the following options available to it:
1 Advertise the Draft Animal Management
Plan seeking comment as recommended;
2 Amend the draft plan before public
exhibition;
3 Resolve not to proceed with the Draft
Management Plan
DISCUSSION:
Council staff often become involved in
neighbourhood disputes relating to animal nuisances. Staff are then required to
take a regulatory and reactive approach to try and resolve the conflict, often
resulting in continuous and ongoing issues.
The relevant legislation does not specify number of
animals that may be kept on a property as this provision was removed with the
new Local Government Act, Companion Animals Act and changes to the Local
Government Regulations.
Council may however, prepare a Management Plan to
guide the community on acceptable numbers and their location of animals that
may be kept on residential and rural residential properties.
This draft document has been prepared using actual
cases of conflict as the guide for the establishment of numbers and setbacks.
The intent of now placing the document on public exhibition will give the
community the opportunity to support, oppose or offer suggestions towards the
identified controls.
Once adopted it is envisaged that the Plan will
give Council staff the ability to deal with animal-associated complaints more
rapidly, thus saving valuable time.
CONSULTATION:
Director Environment & Planning
SUSTAINABILITY ASSESSMENT:
Environment
Perceived improvement in environmental health
through better control of animals kept in unsanitary conditions or in
inappropriate numbers.
Social
Social benefits for those living in target
land-use areas through a more efficient dispute resolution pathway.
Economic
Reduced amount of time for Council staff to
address and resolve animal-based disputes will result in more efficient use of
Council resources.
Risk
Certain degree of discontent from some
affected residents is likely to arise, however, the overall benefits of this
proposed plan will most likely outweigh these predicted issues
FINANCIAL IMPLICATIONS:
Direct and indirect impact on
current and future budgets
Direct impact will be small if at all measurable, and would not result
in a budgetary impact.
Source of fund and any variance to
working funds
Nil
1View |
31182/2008 - Keeping of Animals Management Plan -
January 2009 |
|
General Purpose Committee - 17 December 2008 Report on Draft Animal
Management Plan for the Nambucca Shire |
Attachment
1 31182/2008
- Keeping of Animals Management Plan - January 2009 |
Nambucca
Shire Council
D R A F T
Management Plan
for the Keeping of Animals
2009
Prepared by:
Environment and Planning Department
Date: January
2009
General Purpose
Committee - 17 December 2008 Report on Draft Animal
Management Plan for the Nambucca Shire |
Attachment
1 31182/2008
- Keeping of Animals Management Plan - January 2009 |
Table of Contents
Introduction. 2
Aims of this Plan. 2
Purpose of this Plan
Scope of this Plan. 2
Definitions. 3
Prescriptive Requirements
Council’s Powers to Control and Regulate the
Keeping of Animals
Giving of Orders by Council
Table of Requirements for Animal Keeping in
Urban Areas
Table of Requirements for Animal Keeping in
Rural-Residential Areas
Appendix 1 – Standards for the Keeping of Birds
and Animals (Extract from Local Government (General) Regulation 2005)
Appendix 2 – Code of Practice for keeping of
birds
Appendix 3 – Dictionary of important terms
General Purpose
Committee - 17 December 2008 Report on Draft Animal
Management Plan for the Nambucca Shire |
Attachment
1 31182/2008
- Keeping of Animals Management Plan - January 2009 |
Introduction
The Nambucca Shire Council
encourages the responsible keeping of animals, including, but not limited to,
companion animals, therapeutic animals, pets, hobby farm animals, sustenance
and food production animals. Most people who keep animals, as pets, or for the
companionship they offer, will attest to the many benefits arising from such
interactions. However, there are also negative situations that can occur when
animals are kept in unhealthy or inappropriate conditions, or are kept in
locations or circumstances which cause a nuisance to others.
This document serves to
inform members of the communities within the Nambucca Shire as to their rights
and responsibilities when keeping animals. This Plan outlines the legal
requirements and responsibilities of animal owners, and also offers advice and
guidance to ensure that the keeping of animals is conducted in the most healthy
and harmonious manner possible.
Aims of this Plan
The aims of this Plan are
to:
a Clarify Council’s position on the
keeping of animals in different land-use areas within the Nambucca Shire;
b Outline Council’s responsibilities and
expectations in regard to keeping animals in these areas; and,
c Educate the owners and carers of
animals as to their responsibilities, and to encourage them to act in the
community interest.
Purpose of this Plan
The purpose of this Plan is
to supplement provisions of the Local
Government Act 1993 and Regulations by specifying matters that Council must
take into account when determining whether or not to issue an Order under
Section 124 of that Act.
This Plan will allow Council
Regulatory Officers and members of the public to ensure that the objectives of
Schedule 2 Part 5 of the Local Government
(General) Regulation 2005 – Standards
for Keeping Birds or Animals, are observed when taking these matters into
consideration. This Schedule is attached to the end of this Plan as Appendix 1.
Scope of this Plan
This Plan applies to the
keeping of animals for domestic purposes as companion pets or for hobby
interests. However, the principles contained in the prescriptive requirements
also apply to the keeping of animals for commercial purposes including
breeding, boarding, grooming, caring, treatment, racing, exhibiting, trading or
selling.
Where it is intended to keep
animals for commercial purposes, advice should be sought from Council’s
Planning Department as to whether a Development Application is required by
Council in order to obtain planning consent. Consent to the operation of animal
establishments may not be granted where Council considers that the proposal
would be detrimental to the amenity of the locality.
This Plan addresses
statutory and community-based obligations for animal management practices in
different land use areas. The land-use areas referred to in this Plan are
described in the Nambucca Shire Council’s Local Environment Plan (LEP) and
shall include Urban or Residential zones and Rural Residential zones as well as
Rural land abutting any of these previously mentioned zones.
Guidelines or obligations
for the keeping of animals in rural
zones are not prescribed or controlled by this Management Plan.
Definitions
The
definitions used in this Policy shall be read and incorporated in conjunction
with:
· Protection of the Environment Operations Act 1997;
· NSW Local Government Act 1993;
· Local Government (General) Regulation 2005;
· Environmental Planning and Assessment Act 1979; and
· Nambucca Local Environmental Plan 1995;
Unless specified otherwise,
the Act referred to in this Plan is the Local
Government Act 1993. A dictionary defining the most important terms used in
this Plan is taken from the dictionary for that Act, listed as Appendix 3 of
this document.
Prescriptive Requirements
The number of animals that
may be kept at a premises is not to exceed the number shown as listed in the
Table of Requirements included with this Plan.
In circumstances where an
approval may be required, Council may not grant approval for increased animal
numbers or changes to the identified minimum set back distance, however,
Council may consider application for increased animal numbers or changes to the
minimum setback distance where it can be demonstrated that such variation will
have no potential or actual disturbances to health, environment, or
neighbourhood amenity.
The type of animal that is
suitable to be kept at any premises will be determined having regard to the
size of the available yard area, the distance to the nearest dwelling or other
prescribed building, and any animal management plan for collection and storage
of waste, control of noise, pests and vermin. Certain statutory requirements
apply as noted in the table.
It should not be assumed
that animals of all types may be kept on premises which are part of a multiple
dwelling allotment. Where a dwelling is owned within a Strata Plan or Community
Title, it will be necessary for the rules of the Body Corporate to be examined
for requirements relevant to the keeping of animals. In many cases private covenants
may apply to land, whilst in some cases, restrictions may have been placed on
the title of properties through development consent conditions restricting the
type of animals which may be kept. A check of the land title will indicate the
existence of such covenants.
All animals must be kept in
a manner which does not:
· Create unclean or
unhealthy conditions for people or for the animals
· Attract or
provide a harbourage for vermin
· Create offensive
noise or odour
· Cause a drainage
nuisance or dust nuisance
· Create waste
disposal problems or pollution problems
· Create an
unreasonable annoyance to neighbouring residents or fear for safety
· Cause nuisance
due to proliferation of flies, lice, fleas or other insects
Suitable shelter should be
provided for all animals. Certain types of animals are required to be kept in
cages to prevent their escape or attack by predators. Generally, other animals
are to be securely enclosed with adequate fencing to prevent escape. Animal
shelters should not be erected or located at premises without first determining
whether the prior approval of Council is required. To determine whether a
proposed animal shelter complies with Council’s requirements, or requires
approval, please refer to Development Control Plan Number 10 – Exempt and
Complying Development, located on Council’s website at http://www.nambucca.nsw.gov.au.
Council’s Powers to Control and Regulate the Keeping of Animals
Generally, Council’s powers
to control and regulate the keeping of animals are provided under Section 124
of the Local Government Act 1993 and the Local Government (General)
Regulation 2005, Schedule 2 Part 5.
Under Chapter 7, Part 2,
Division 1, Section 124, Order 18 of the above Act, the Council may, in the
appropriate circumstances, issue an Order to:
· Prohibit the
keeping of various kinds of animals;
· Restrict the
number of various kinds of animals to be kept at a premises; or
· Require that
animals be kept in a specified manner
The Council may also issue
Orders requiring:
· Demolition of
animal shelters built without prior approval of the Council; or
· The occupier to
do or refrain from doing such things as are specified so as to ensure that land
or premises are placed or kept in safe or healthy conditions
It is advised that Council
can exercise further controls under the following Acts:
· The Noise Control Act, 1975;
· The Impounding Act, 1993;
· The Food Act, 2003 (prohibits animals to be kept
where food is handled for sale);
· Companion Animals Act 1998;
· Environmental Planning & Assessment Act 1979;
and,
· Protection of the Environment
Operations Act 1997;
Giving of Orders by Council
Firstly, it must be
established that the keeping of a particular animal within the zone or area is
permitted under Nambucca Shire Council’s Local Environmental Plan. Secondly,
where a problem is identified with keeping of animals and it can not be resolved through consultation and mediation, the
Council may proceed to issue notice of its intention to serve an Order.
Normally a person will be given opportunity to make representation to Council
prior to a formal Order being issued. In situations which Council believes
constitute a serious risk to health or safety, an emergency Order to address or
remove the risk may be issued without prior notice.
Table 1: Requirements for Animal Keeping in
Urban Areas
URBAN AREAS (Including Villages) |
|||
Type of Animal |
Maximum Number |
Minimum Distance (from habitable structures
and/or property boundaries) |
Applicable Regulations and Other Advisory Matters |
Birds including canaries, budgerigars, quails, finches and parrots |
Depending on breed of
bird and location |
Aviaries to be 900 mm
from any property boundary |
All birds to be kept in accordance with the “Code of Ethics” produced
by the Associated Birdkeepers of Australia and printed by NSW Agriculture
(See Appendix 2) |
Cats |
3 (and kittens to 6 months) |
_ |
These regulations are to be read in conjunction with the Companion Animals Act, 1998 This Act requires cats to be: (a) microchipped by 6 months of age,
and, (b) to be registered with the Nambucca Shire Council |
Dogs (excluding greyhounds) |
4 (and pups to 6 months) |
_ |
These regulations are to be read in conjunction with the Companion Animals Act, 1998 This Act requires dogs to be: (a) microchipped by 6 months of age,
and, (b) to be registered with the Nambucca Shire Council |
Ferrets |
2 |
Cages to be 9 metres from
dwellings and 900 mm from any property
boundary |
The keeping of ferrets is not recommended in urban areas. However,
where proper care (including appropriately designed, secure cages) is
available, the keeping of ferrets is permitted providing no nuisance is
created. |
Greyhounds |
4 |
Kennels to be 15 metres
from dwellings and 900 mm from any property
boundary |
Individual greyhounds to be housed in separate kennels. Kennels to be
secure and lockable Minimum kennel dimensions to be 1200 (w) x 1800 (h) x 1200 (d)* Muzzles must be fitted to each greyhound when in public and no more
than 4 greyhounds to be walked by one individual |
URBAN AREAS (Including
Villages) |
|||
Type of Animal |
Maximum Number |
Minimum Distance (from habitable structures
and/or property boundaries) |
Applicable Regulations and Other Advisory Matters |
Horses and cattle |
0 |
_ |
The keeping of horses and
cattle on properties of less than 5, 000 m2 is not considered
appropriate. |
Pigs |
0 |
_ |
The keeping of pigs is
prohibited in urban and village areas |
Pigeons |
50 (members of recognised
aviculture society) 15 (non-members) |
Coops to be 9 metres from
dwellings and 900 mm from any property
boundary |
Free lofting* is prohibited in urban areas. Exercise periods to be restricted to the 2 hours immediately preceding
sunset and following sunrise. Training of young birds to be conducted in a manner to avoid nuisance. |
Poultry (domestic), guinea fowl and bantams Poultry other than fowls, including geese, turkeys peafowl and other
pheasants |
10 (and chicks to 6 months
of age) 5 (and chicks to 6 months
of age) |
4.5 metres from dwellings and 1 metre from any property
boundary 30 metres from dwellings and 1 metre from any property
boundary |
Keeping of poultry must not create a nuisance or be dangerous or
injurious to health. Poultry yard must at all times be kept clean and free
from offensive odours. Council may insist on the keeping of domestic poultry
or guinea fowl at a distance greater than 4.5 metres in a particular case. The keeping of roosters
in urban areas is prohibited Poultry yards must be enclosed to prevent escape of poultry. The floors of poultry houses beneath roosts or perches must be
constructed of impervious material (eg concrete or mineral asphalt) if
constructed on, or within 3m, of a property boundary. This does not apply to
poultry houses that are located at a distance greater than 15.2 m from a
dwelling, public hall or school. Where impervious material is not required
the floor of the poultry house is to be covered with clean sand or other
suitable material. |
URBAN AREAS (Including
Villages) |
|||
Type of Animal |
Maximum Number |
Minimum Distance (from habitable structures
and/or property boundaries) |
Applicable Regulations and Other Advisory Matters |
Rabbits |
2 (same gender) |
Cages to be 900 mm from
any property boundary |
Must be domestic breed and kept in a cage. Cages may be portable to
allow access to fresh feed, but must securely contain animal(s). Do not release into
environment. The rabbit is a declared noxious animal
under the Rural Lands Protection Act,
1989. However, two domestic
breed pet rabbits, securely housed, are permitted per residential allotment. NOTE: Restriction on numbers is imposed by the NSW Dept. of Agriculture
under the Rural Lands Protection Act,
1989. For more than one rabbit a permit
must be obtained from the Rural Lands Protection Board. |
Other rodents (rats, mice and guinea pigs) |
Appropriate to location,
species and breed |
Appropriate distance to
avoid nuisance and/or health hazard. |
Must be kept in appropriate, escape-proof cages which are kept odour
free. These animals must not be released into the environment |
As appropriate to circumstances |
As appropriate to circumstances. |
All species must be
adequately housed to prevent escape. The National Parks and Wildlife Act, 1974 and Fauna Protection
Regulations place a general prohibition on the keeping of reptiles. Advice on
the keeping of any reptile or amphibian should be sought from National Parks
and Wildlife Service in ALL cases |
|
Sheep and goats |
1 of either |
9 metres from dwellings |
Billy goat or rams should
not be kept on a residential property in an urban area. |
Table 2: Requirements for Animal Keeping in Rural-Residential
Areas
Rural-Residential AREAS |
|||
Type of Animal |
Maximum Number |
Minimum Distance (from habitable structures &
property boundaries) |
Applicable Regulations and Other Advisory Matters |
Birds including canaries, budgerigars, quails, finches and parrots |
Depending on breed of
bird and location |
Aviaries to be 900 mm
from any property boundary |
All birds to be kept in accordance with the “Code of Ethics” produced
by the Associated Birdkeepers of Australia and printed by NSW Agriculture
(See Appendix 2) |
Cats |
3 (and kittens to 6 months) |
_ |
These regulations are to be read in conjunction with the Companion Animals Act 1998 This Act requires cats to be: (a) microchipped by 6 months of age,
and, (b) to be registered with the Nambucca Shire Council |
Dogs (excluding greyhounds) |
3 (and pups to 6 months) |
_ |
These regulations are to be read in conjunction with the Companion Animals Act 1998 This Act requires dogs to be: (a) microchipped by 6 months of age,
and, (b) to be registered with the Nambucca Shire Council |
Ferrets |
5 |
Cages to be 9 metres from
dwellings and 900 mm from any property
boundary |
Where proper care (including appropriately designed, secure cages) is
available, the keeping of ferrets is permitted providing no nuisance is
created. |
Greyhounds |
4 |
Kennels to be 15 metres
from dwellings and 900 mm from any property
boundary |
Individual greyhounds to be housed in separate kennels. Kennels to be
secure and lockable Minimum kennel dimensions to be 1200 (w) x 1800 (h) x 1200 (d)* Muzzles must be fitted to each greyhound when in public and no more
than 4 greyhounds to be walked by one individual |
Rural-Residential AREAS |
||||
Type of Animal |
Maximum Number |
Minimum Distance (from habitable structures &
property boundaries) |
Applicable Regulations and Other Advisory Matters |
|
Horses and cattle |
1 per 0.5 ha |
9 m from dwellings and 1 metre from any property boundary |
Must be securely
fenced |
|
Pigs |
1 |
60 m from any dwelling or property boundary |
DPI guidelines suggest that rural residential properties under 1.5 ha
in area are not suitable for the keeping of pigs |
|
Pigeons |
150 (members of
recognised aviculture society) 50 (non-members) |
Coops to be 9 metres from
dwellings and 1 metre from any property
boundary |
Free lofting* is prohibited in rural residential areas. Exercise periods to be restricted to the 2 hours immediately preceding
sunset and following sunrise. Training of young birds to be conducted in a manner to avoid nuisance. |
|
Poultry (domestic), guinea fowl and bantams Poultry other than fowls, including geese, turkeys peafowl and other
pheasants |
10 (and chicks to 6 months
of age) 5 (and chicks to 6 months
of age) |
4.5 metres from dwellings and 1 metre from any property
boundary 30 metres from dwellings and 1 metre from any property
boundary |
Keeping of poultry must not create a nuisance or be dangerous or
injurious to health. Poultry yard must at all times be kept clean and free
from offensive odours. Council may insist on the keeping of domestic poultry
or guinea fowl at a distance greater than 4.5 metres in a particular case. The keeping of roosters
in rural-residential areas is not recommended. Noise issues relating to
roosters will result in the removal of offending bird Poultry yards must be enclosed to prevent escape of poultry. The floors of poultry houses beneath roosts or perches must be
constructed of impervious material (eg concrete or mineral asphalt) if
constructed on, or within 3m, of a property boundary. This does not apply to
poultry houses that are located at a distance greater than |
|
Rural-Residential AREAS |
||||
Type of Animal |
Maximum Number |
Minimum Distance (from habitable structures &
property boundaries) |
Applicable Regulations and Other Advisory Matters |
|
Poultry (Cont.) |
|
|
15.2 metres from a dwelling, public hall or school. Where impervious
material is not required the floor of the poultry house is to be covered with
clean sand or other suitable material. |
|
Rabbits |
2 (same gender) |
Cages to be 900 mm from
any property boundary |
Must be domestic breed and kept in a cage. Cages may be portable to
allow access to fresh feed, but must securely contain animal(s). Do not release into
environment. The rabbit is a declared noxious animal
under the Rural Lands Protection Act,
1989. However, two domestic breed pet rabbits, securely housed, are
permitted per residential allotment. NOTE: Restriction on numbers is imposed by the NSW Dept. of Agriculture
under the Rural Lands Protection Act,
1989. For
more than one rabbit a permit must be obtained from the Rural Lands
Protection Board. |
|
Other rodents (rats, mice and guinea pigs) |
Appropriate to location,
species and breed |
Appropriate distance to
avoid nuisance and/or health hazard. |
Must be kept in appropriate, escape-proof cages which are kept odour
free. These animals must not be released into the environment |
|
Reptiles and amphibians |
As appropriate to
circumstances |
As appropriate to
circumstances. |
All species must be adequately housed to prevent escape. The National Parks and Wildlife
Act, 1974 and Fauna Protection
Regulations place a general prohibition on the keeping of reptiles. Advice on
the keeping of any reptile or amphibian should be sought from National Parks
and Wildlife Service in ALL cases |
|
Sheep and goats |
1 of either per 0.5 ha of
land |
9 metres from dwellings |
Enclosure must be securely fenced to avoid escape |
|
Appendix 1 – Standards for the Keeping of Birds and
Animals (Extract from Local Government (General) Regulation 2005)
Schedule 2
Part
5 Standards for keeping birds or
animals
Division 1 Keeping of swine
17 Swine not to pollute
1 Swine
must not be kept in such a place or manner as to pollute any water supplied for
use (or used, or likely to be used):
a by a person for drinking or domestic
purposes, or
b in a dairy.
2 Swine’s
dung must not be deposited in such a place or manner as to pollute any water
referred to in subclause (1).
18 Swine not to be kept near certain premises
1 Without
limiting clause 1, swine must not be kept (and swine’s dung must not be
deposited) within 60 metres (or such greater distance as the council may
determine in a particular case) of a dwelling, shop, office, factory, church or
other place of public worship, workshop, school or public place in a city,
town, village or other urban part of an area.
2 A
greater distance determined under this clause applies to a person only if the
council has served an order under section 124 of the Act to that effect on the
person.
Division 2 Keeping of poultry
19 Poultry not to be nuisance or health risk:
1 Poultry
must not be kept under such conditions as to create a nuisance or to be
dangerous or injurious to health.
2 Poultry
yards must at all times be kept clean and free from offensive odours.
20 Poultry not to be kept near certain
premises
1 Fowls
(that is, birds of the species Gallus gallus) or guinea fowls must not
be kept within 4.5 metres (or such greater distance as the council may
determine in a particular case) of a dwelling, public hall, school or premises
used for the manufacture, preparation, sale or storage of food.
2 Poultry
(other than fowls referred to in subclause (1)) must not be kept within 30
metres of any building referred to in subclause (1).
3 The
floors of poultry houses must be paved with concrete or mineral asphalt
underneath the roosts or perches. However, this subclause does not apply to
poultry houses:
a that are not within 15.2 metres of a
dwelling, public hall or school, or
b that are situated on clean sand.
4 Poultry
yards must be so enclosed as to prevent the escape of poultry.
5 The
standards in this clause apply to a person only if the council has served an
order under section 124 of the Act to that effect on the person.
Division 3 Keeping of horses and cattle
21 Horses and cattle not to be kept near
certain premises:
1 Horses
and cattle must not be kept within 9 metres (or such greater distance as the
council may determine in a particular case) of a dwelling, school shop, office,
factory, workshop, church or other place of public worship, public hall or
premises used for the manufacture, preparation or storage of food.
2 The
floors of stables must be paved with concrete or mineral asphalt or other
equally impervious material, and must be properly graded to drain.
3 Horse
yards and cattle yards must be so enclosed as to prevent the escape of horses
and cattle.
4 The
standards in this clause apply to a person only if the council has served an
order under section 124 of the Act to that effect on the person.
Appendix 2 – Code of Practice for keeping of
birds
This Code is designed for everyone involved
in keeping, breeding, showing and trading birds (other than domestic poultry).
By adhering to the code, people involved in
this industry demonstrate to the general community their concern for birds in
their care. The code is neither a complete manual of aviculture husbandry nor a
static document. It may be revised to take account of advances in the
understanding of bird physiology and behaviour, technological changes, changing
industry standards, and the community’s attitudes and expectations about the
welfare of birds.
Compliance with the code does not remove the
need to abide by the requirements of any other laws and regulations, such as
local government or National Parks and Wildlife Service legislation. The code
has been prepared by the Associated Birdkeepers of Australia (ABA),
representing a large proportion of those in aviculture. It is not intended to
apply to those premises licensed or approved under the Exhibited Animals
Protection Act or by the Zoological Parks Board.
1.0 INTRODUCTION
1.1 This code recognises the following principles:
a a primary concern for the
welfare of birds.
b a realisation of the need
for conservation.
c a concern for others in
aviculture.
d compliance with
legislative requirement.
1.2 The importance of care
and competence in the handing and keeping of birds cannot be over-emphasised.
Appropriate expert advice and guidance should be sought whenever needed.
1.3 This code cannot replace the need for common sense and
experience.
2.0 GENERAL REQUIREMENTS
2.1 The basic needs of aviary birds are:
a ready access to proper and sufficient
food and water adequate to maintain health and vigour.
b freedom
of movement and ability to exercise or fly appropriate to the species.
c accommodation which provides protection
and which neither harms nor causes distress.
d fresh
air and exposure to suitable light.
e protection
from predators, toxic substances and diseases.
f rapid
identification and competent treatment of any injury, vice or disease.
3.0 FOOD & WATER
3.1 Adequate
food suitable for the needs of the particular species of birds should be
readily available. Most species of birds should have access to food at all
times.
3.2 Clean, cool water should be available at
all times.
It is totally unacceptable for birds to die from lack of
food or water.
4.0 ACCOMMODATION
4.1 Each species should be accommodated
according to its need, including:
a protection from extremes of climate.
b safety from predators.
c ability to escape from, or to avoid
distress caused by other birds animals, and humans.
d protection of food and water containers
from contamination or firm rain or direct sunlight.
e sufficient space, perches, nesting areas
and/or feed and water station to meet the needs of all the birds in the cage or
aviary.
f nesting sites and materials appropriate
for the species for breeding purposes where intended.
5.0 HEALTH & HYGIENE
5.1 Good animal
husbandry, as for any animal species, is essential for the welfare of birds.
5.2 Newly
acquired birds should be quarantined for a suitable time for treatment /
observation before release into aviaries or cages.
5.3 Birds show
ill health or stress in a great variety of ways, but careful observation may be
needed as sick birds are able to suppress some signs when stimulated.
5.4 Sick or
injured birds should be isolated to facilitate observation and treatment and to
prevent further damage and / or to restrict the spread of infection.
5.5 Cages and
aviaries should be cleaned regularly; the floor and food and water containers
in holding cages should be kept clean.
5.6 Birds
should be inspected regularly, preferably daily, to ensure that adequate feed
and water is available, to check on their state of health, and to identify and
promptly remedy any problem that may develop. New, sick or young birds should
be inspected more frequently.
5.7 Where
treatment to restore health or to repair injury is not possible or is not
successful, euthanasia
should be performed by a competent person and in an appropriate and humane
manner. Veterinary advice should be sought.
6.0 PROCEDURES
6.1 Catching
aviary birds usually causes them
distress and some species are particularly susceptible. Birds should be caught
by the least stressful method available and subjected to minimal handling.
6.2 Restraint
Special care and
knowledge is necessary in holding or restraining birds, and the most
appropriate method should be used for each species.
6.3 Wings
Pinioning of wings is
an unacceptable practice and is defined as an act of cruelty. The clipping of
wing feathers of small birds or nervous species is also unacceptable.
6.4 Rings
The application of
rings for identification purposes requires careful selection of the appropriate
ring and its application. Some species, especially adult birds, should not be
ringed because of the risk of self-mutilation. Special care is needed should a
ring require removal. for example, to attend to a leg injury.
6.5 Beak Trimming
Overgrown beaks should
be carefully trimmed. Unless due to curable disease or a nutritional problem,
birds with overgrown beaks should not be used for breeding.
6.6 Toe Trimming
Excessively long nails
should be trimmed without drawing blood, but toes should not be cut with the
intent of preventing nail growth. Overgrown nails may be indicative of
inadequate conditions, particularly
in small cages.
7.0 PARASITE CONTROL
7.1 Worm control is necessary with most aviary birds.
7.2 Water or feed medication may be indicated in some
circumstances, but is least efficient.
7.3 Individual dosing should be performed by competent operators.
7.4 Chemicals, eg
insecticides, should be selected and used carefully and in accordance with
pesticide laws. For example, pest strips are ineffective except in enclosed
areas.
8.0 BIRDS ON DISPLAY
8.1 Show and Exhibitions
Show and Exhibitions should be
conducted over as short a period as possible and not more than 72 hours. Public
access should be controlled. Birds exhibiting signs of distress, injury or
disease must be removed from the display area for appropriate attention or
treatment. Birds on display must be under competent supervision at all times.
Food and water must be available and birds accommodated in accordance with this
code. Cage sizes must be not less than the show standards for the particular
species.
8.2 Markets and Auctions
These are stressful to birds and
must be conducted over as short a period as possible and not more than 12
hours. Otherwise conditions as in 9.1 apply.
This code has been endorsed by:
· The NSW Animal Welfare Advisory Council
· The
· NSW Agriculture
· Pet Industry Joint Advisory Council Canary & Cage Bird Federation
of Australia Inc
Appendix 3 – Dictionary of important terms
Excerpt
of Dictionary taken from Local Government Act 1993
adjoining, in relation to
an area, means abutting or separated only by a public reserve, road, river,
watercourse, or tidal or non-tidal water, or other like division.
approval means an approval
that is in force under this Act.
area means an area as
constituted under Division 1 of Part 1 of Chapter 9.
building includes part of
a building and any structure or part of a structure, but does not include a
moveable dwelling or associated structure or part of a moveable dwelling or
associated structure.
catchment district means a district
proclaimed to be a catchment district under section 128.
council:
a means the council of an area, and includes
an administrator, and
b in Part 11 of Chapter 15, includes the Lord
Howe Island Board constituted under the Lord Howe
Island Act 1953.
dwelling in Division 1 of
Part 8 of Chapter 15, means a building or part of a building used as a place of
dwelling.
local environmental plan has
the same meaning as it has in the Environmental
Planning and Assessment Act 1979.
notice includes
notification, order, direction and demand.
occupier includes:
a a person having the charge, management or
control of premises, and
b in the case of a building which is let out
in separate occupancies or a lodging house which is let out to lodgers, the
person receiving the rent payable by the tenants or lodgers, either on his or
her own account or as the agent of another person,
and, in the case
of a vessel, means the master or other person in charge of the vessel.
owner:
a in relation to Crown land, means the Crown
and includes:
i a lessee of land from the Crown, and
ii a person to whom the Crown has lawfully
contracted to sell the land but in respect of which the purchase price or other
consideration for the sale has not been received by the Crown, and
b in relation to land other than Crown land,
includes:
i every person who jointly or severally,
whether at law or in equity, is entitled to the land for any estate of freehold
in possession, and
ii every such person who is entitled to
receive, or is in receipt of, or if the land were let to a tenant would be
entitled to receive, the rents and profits of the land, whether as beneficial
owner, trustee, mortgagee in possession, or otherwise, and
iii in the case of land that is the subject of a
strata scheme under the Strata
Schemes (Freehold Development) Act 1973 or the Strata
Schemes (Leasehold Development) Act 1986, the owners corporation
for that scheme constituted under the Strata
Schemes Management Act 1996, and
iv in the case of land that is a community,
precinct or neighbourhood parcel within the meaning of the Community
Land Development Act 1989, the association for the parcel, and
v every person who by this Act is taken to be
the owner, and
c in relation to land subject to a mining
lease under the Mining Act
1992, includes the holder of the lease, and
d in Part 2 of Chapter 7, in relation to a
building, means the owner of the building or the owner of the land on which the
building is erected.
premises means any of the
following:
a a building of any description or any part of
it and the appurtenances to it,
b land, whether built on or not,
c a shed or other structure,
d a tent,
e a swimming pool,
f a ship or vessel of any description
(including a houseboat),
g a van.
private land means land the
fee-simple of which is not vested in the Crown, and land that the Crown has
lawfully contracted to sell.
public authority means a public
authority constituted by or under an Act, a government department or a
statutory body representing the Crown, and includes a person exercising any
function on behalf of the authority, department or body and any person
prescribed by the regulations to be a public authority.
public land means any land
(including a public reserve) vested in or under the control of the council, but
does not include:
a a public road, or
b land to which the Crown
Lands Act 1989 applies, or
c a common, or
d land subject to the Trustees
of Schools of Arts Enabling Act 1902, or
e a regional park under the National
Parks and Wildlife Act 1974.
public officer of a council
means the public officer appointed under Chapter 11 for that council.
public place means:
a a public reserve, public bathing reserve,
public baths or public swimming pool, or
b a public road, public bridge, public wharf
or public road-ferry, or
c a Crown reserve comprising land reserved for
future public requirements, or
d public land or Crown land that is not:
i a Crown reserve (other than a Crown reserve
that is a public place because of paragraph (a), (b) or (c)), or
ii a common, or
iii land subject to the Trustees
of Schools of Arts Enabling Act 1902, or
iv land that has been sold or leased or
lawfully contracted to be sold or leased, or
e land
that is declared by the regulations to be a public place for the purposes of
this definition.
public
reserve means:
a a public park, or
b any land conveyed or transferred to the
council under section 340A of the Local
Government Act 1919, or
c any land dedicated or taken to be dedicated
as a public reserve under section 340C or 340D of the Local
Government Act 1919, or
d any land dedicated or taken to be dedicated
under section 49 or 50, or
e any land vested in the council, and declared
to be a public reserve, under section 37AAA of the Crown Lands Consolidation
Act 1913, or
f any land vested in the council, and
declared to be a public reserve, under section 76 of the Crown
Lands Act 1989, or
g a Crown reserve that is dedicated or
reserved:
i for public recreation or for a public
cemetery, or
ii for a purpose that is declared to be a
purpose that falls within the scope of this definition by means of an order
published in the Gazette by the Minister administering the Crown
Lands Act 1989,
being a Crown reserve in respect of which
a council has been appointed as manager of a reserve trust for the reserve or
for which no reserve trust has been established, or
h land declared to be a public reserve and
placed under the control of a council under section 52 of the State Roads
Act 1986, or
i land dedicated as a public reserve and
placed under the control of a council under section 159 of the Roads Act
1993,
and includes a
public reserve of which a council has the control under section 344 of the Local
Government Act 1919 or section 48, but does not include a
common.
rural land, in Division 2 of
Part 8 of Chapter 15, means:
a a parcel of rateable land which is valued as
one assessment and exceeds 8,000 square metres in area and which is wholly or
mainly used for the time being by the occupier for carrying on one or more of
the businesses or industries of grazing, animal feedlots, dairying,
pig-farming, poultry farming, viticulture, orcharding, bee-keeping,
horticulture, vegetable growing, the growing of crops of any kind or forestry,
or
b an area which is wholly or mainly used for
aquaculture within the meaning of the Fisheries
Management Act 1994.
rural residential land means
land that:
a is the site of a dwelling, and
b is not less than 2 hectares and not more
than 40 hectares in area, and
c is either:
i not zoned or otherwise designated for use
under an environmental planning instrument, or
ii zoned or otherwise designated for use under
such an instrument for non-urban purposes, and
d does not have a significant and substantial
commercial purpose or character.
waste means:
a effluent, being any matter or thing, whether
solid or liquid or a combination of solids and liquids, which is of a kind that
may be removed from a human waste storage facility, sullage pit or grease trap,
or from any holding tank or other container forming part of or used in
connection with a human waste storage facility, sullage pit or grease trap, or
b trade waste, being any matter or thing,
whether solid, gaseous or liquid or a combination of solids, gases and liquids
(or any of them), which is of a kind that comprises refuse from any industrial,
chemical, trade or business process or operation, including any building or
demolition work, or
c garbage, being all refuse other than trade
waste and effluent,
and includes any other
substance defined as waste for the purposes of the Protection
of the Environment Operations Act 1997, and a substance is not
precluded from being waste merely because it is capable of being refined or
recycled.
17
December 2008 |
Director Environment &
Planning's Report
ITEM 9.4 SF1082 171208 Valla
Growth Area Rezoning Proposal
AUTHOR/ENQUIRIES: Greg Meyers, Director
Environment and Planning
Summary: Council resolved to prepare a Local
Environmental Plan (DLEP 67) for the rezoning of the Valla Growth Area. The individual studies required for the
Local Environmental Study are well underway with the two major landowners
covering the costs of these studies so far. Concept layouts are being prepared and
finetuned to reflect the intent of the growth area as outlined in the adopted
Structure Plan, subject to site constraints. The purpose of the site visit is to provide
Councillors with an overview of the area and the rezoning processes. |
That Council note
the inspection of the Valla Growth Area. |
OPTIONS:
No real options at this
stage as Council has resolved to proceed with the rezoning and that process is
continuing.
DISCUSSION:
The Valla Growth Area
(Cow/Boggy Creek area) has been identified as a future growth area since the
adoption of the Nambucca Shire Urban Growth Strategy back in 1996.
The area was revisited
as part of the Structure Plan process which was adopted by Council in September
2007. The Structure Plan identified this area for the future growth of large
footprint Industrial/Highway Industry uses along with other complimentary urban
uses.
Progress has been made
with the various studies for inclusion in the Local Environmental Study
required for the rezoning. Concept zoning layouts are being developed and
refined as the land constraint studies are completed.
The intent of the site
visit is to provide the new Council with an understanding of the process so far
and provide some familiarisation of the Valla Growth Area.
CONSULTATION:
Manager Planning and
Assessment
Strategic Planner
Applicants Consultants
SUSTAINABILITY ASSESSMENT:
Environment
The rezoning process must investigate and
consider all environmental features and issues associated with the land the
subject of the rezoning.
Social
The rezoning process must investigate and
consider the various Social issues associated with the proposed rezoning.
Economic
The rezoning process is a costly process with
no guarantees of an outcome with the extent of land able to be developed and
rezoned.
Risk
The rezoning process has a considerable risk
as the final outcome is not always what was first considered achievable.
FINANCIAL IMPLICATIONS:
Direct
and indirect impact on current and future budgets
Council has set aside funds in the current
2008/09 Strategic Planning program for the completion of a number of reports to
finalise the Local Environmental Study.
Source
of fund and any variance to working funds
Additional reports may be required in the
future which would need to be considered and budgeted for.
There are no attachments for this report.
17
December 2008 |
Director Environment &
Planning's Report
ITEM 9.5 DA2008/269 171208 Report on
DA 2008/269 - Change of Use to Residential and Deck, Garage and Internal
Alterations - 48 High Street, Bowraville
AUTHOR/ENQUIRIES: Rhys Edwards,
Health & Building Surveyor
Summary: Applicant: Dex Consulting Pty Ltd Proposal: Deck, Garage & Internal
Alterations; Change of use to residential/commercial Property: Zoning: Zone 2(v) – Residential (Village) The original development application (DA
2008/269), lodged on 23 June 2008, was for the construction of a deck and
garage, and internal alterations to a building in High Street, Bowraville
(Old Scout Hall). Routine assessment of the application revealed that no
approval had been previously granted for residential occupation of this
building. The approved use of the building was for a Scout Hall. The
applicant was then asked to lodge a modification to the original development
application, to seek a change of use for the building to allow residential
occupation. Since notification of primary development
application on 22 July 2008, several submissions have been received relating
to conflicting landuse if the commercial premises are converted to
residential use. The submissions raised concerns about potential loss of
commercial premises in Bowraville’s main street, parking and noise issues,
and concerns about the condition of building and adequacy of natural light. After consideration of this application
under the relevant legislation and Council requirements, there appears to be
no impediment to Council approving this application, provided relevant
development requirements are considered and placed as conditions on the
Development Consent. |
1 That development application 2008/269 for minor building
works and change of use be approved subject to conditions included in this
report. 2 That those persons who made submissions to the
application be advised of Council’s decision. |
OPTIONS:
As an alternative to the
recommendation, Council has the option to refuse the application on the basis
of potential noise and conflicting landuse issues.
PROPOSAL:
The DA proposal is for the
construction of an attached deck on an existing timber building, minor
alterations to the interior layout of the building, and the construction of a
detached garage. Additionally, the DA has been modified to include approval for
a change of use to the commercial building, to allow for residential use. The
proposed 10 x 8 m metal garage to the rear of the property will provide off-street
parking with access from rear lane (
DISCUSSION:
The proposed use of this building as a
combined dwelling/commercial premises under it’s current zoning (2(v) -
Residential (Village)) is supported by Council’s LEP. In addition, a subsequent
survey of nearby buildings in High Street, conducted by Council Health &
Building Officers on 1 October 2008, determined that many of the commercial
premises in High Street have a residential component attached.
With respect to conflicting land use, it
appears that the butcher’s shop adjoining the proposed development site is the
only commercial operation in this part of High Street. The applicant has stated
that they intend to retain the commercial component of the building, to ensure
the potential for commercial use of this building is preserved.
Submissions raised by notification of this
application are discussed further in this report and include:
· conflicting landuse if the
commercial premises are converted to residential use
· potential loss of commercial
premises in Bowraville’s main street
· parking issues
· condition of building and
adequacy of natural light
· sound transmitted between adjoining
residential and commercial properties
One issue, which has not been raised in
submissions, is the proposal to erect a timber picket fence along the boundary
adjoining Nos 48 and
CONSULTATION:
This application has been considered by
Council’s Engineering Services and Environment & Planning Departments.
Engineering
services required the proposed garage to be set back one (1) metre from the boundary to allow
continuing access to sewer line.
Council’s Planning Department has expressed
reservations about the building line setback for the proposed garage, stating
that the setback does not comply with DCP 11 (Building line setbacks). However,
a circular from the Director of Environment & Planning states that a policy
will be prepared in regards to the regulation of this matter. However, during
the interim period, for “…all lanes not designated as a road/street, the
minimum setback will apply.”
The application was notified to surrounding
premises and four (4) submissions were received. The issues raised in
submissions have been considered by Council’s Health & Building Staff
during the assessment of this application, as discussed in the following
sections.
MATTERS FOR CONSIDERATION – SECTION 79C(1) EP&A ACT
In its assessment of a
development application, Council is required to take into consideration the
following matters:
(a) the provisions of
(i) any environmental
planning instruments
Nambucca Local Environmental Plan 1995
The
land is zoned Zone 2(v) – Residential (Village) the objectives of which
encourage the variety of urban
land
uses required within small urban communities.
There are no relevant provisions of the Regional Environmental Plan that
specifically apply to the proposed development.
(ii) any draft
environmental planning instrument
No draft environmental planning
instruments currently apply to the land or the proposed development.
(iii) any development
control plan (DCP)
DCP 9 – Bowraville Heritage Guidelines
applies to the site. The proposal complies with the Aims of this DCP, as
described in Section 1 Part (e) (i), (ii), (iii), and (v).
Comment
The proposal is compliant with
DCP 9 as there is no intention to alter the frontage of the building, hence no
impact on the character or streetscape of High Street is anticipated.
DCP 11 – Building Line setbacks
for residential buildings do not apply to this development.
Comment
The proposal is for a building
already constructed, the setback of which is consistent with the setback lines
of adjacent buildings, and is in keeping with the character of the streetscape
in this location. The proposed garage will be set back one (1) metre from the
rear boundary.
(b) the likely impacts of
the development
The main concern with the proposal is the
perceived land use conflict issues and amenity. Impacts, if any, are
anticipated to be of a minor nature.
Assessment of this application suggests that
conflicting land-use concerns, as raised in the submissions, have little basis
as this area has traditionally been subject to mixed landuse, in the form of
commercial premises with attached or ancillary residential components. In the
past, these types of uses have co-existed with little conflict arising as a
result.
Issues relating to the amenity of the site
are likely to have little impact on occupants or neighbouring residents or
business operators. Issues such as privacy for residents of the proposed
development can be managed through conditions placed on the development
consent. Noise issues arising from the operation of commercial premises can be
addressed by insulating the residential component of the development in
accordance with the BCA.
Director’s Note:
This application and concerns raised by the
adjoining premise operator, highlights potential future issues leading with
competing landuses within the 2(v) Village zone. As identified in this
proposal, the potential impacts between the residential expectations and those
expectations of the commercial operator (Butcher), to continue operating as has
been the case for many years, where there is a need to start early and
refrigeration equipment and motors are required to run 24 hours a day, 7 days a
week.
The proposal presented to Council is likely
to occur more regularly as some of the smaller village areas experience a
reduced commercial activity and an increase in residential living, which are
both permissible landuses within the 2(v) Village zone.
The potential conflicts associated with
noise will need to be monitored and dealt with, hopefully in a sympathetic and
understanding way to ensure both competing landuses may continue to co-exist
without one landuse being considered “superior”
to the other.
Parking issues raised in submissions are not
considered to be valid as:
· precedent exists for on-street
parking at this location;
· the building is some distance
from pedestrian crossing and will have no adverse impacts; and
· there is access to the property
via a rear lane (
(c) the suitability of
the site for the development
The site is serviced and
reasonably flat and level and is therefore considered to be unconstrained.
There are no constraints which would preclude developing the land for the
purpose of a mixed classification building with combined residential and
commercial components.
Given that the buildings already
exist, fire separation between adjoining buildings will need to be carefully
considered to provide the highest possible level of fire protection to prevent
the spread of fire between buildings.
(d) any submissions made
in accordance with the Act or the regulations
The application has been notified to
adjoining landowners for a period of 14 days. Four submissions were received
regarding the proposed development. These submissions have been attached to
this report.
Of these, one submission registered no
objections to the proposal, with the remaining submissions being initiated from
one adjacent property, and included such concerns as:
· conflicting landuse
· potential loss of commercial
premises in Bowraville’s main street
· parking and noise issues
· condition of building and
adequacy of natural light
In response to the issues raised, the
following points are noted:
1 Pursuant to Section
79C(1)(a)(i) of the EP&A Act, the proposed use of the building is
consistent with the standards for zoning in this area in accordance with Part 3
of Council’s Local Environmental Plan (LEP).
2 Pursuant to Section
79C(1)(b) of the EP&A Act, the proposed development complies with land uses
and activity in the locality; precedent exists for mixed commercial and
residential classification for buildings in this area.
3 Pursuant to Section
79C(1)(b), off-street parking access is possible from lane at rear of property,
the use of rear-lane access for parking purposes is common in this area. A
garage for parking of vehicles is part of this proposal.
4 No records of noise
complaints against neighbouring dwelling(s) by current occupant are registered
on Council’s Customer Request System. Any such complaints would be dealt with
under the Protection of the Environment Operations (Noise Control) Regulation
2000.
5 Pursuant to Section
79C(1)(b) of the EP&A Act, amenity issues can be addressed through normal
DA approval process.
6 Residential component of
building will be required to comply with appropriate BCA obligations for fire
safety, facilities, light and ventilation and for protection from the spread of
fire between residential and commercial components of building. Acknowledging
that the development involves an existing building, it is not proposed for
Council to require complete compliance with the BCA, but more to achieve an
acceptable level of occupant safety.
7 No intention exists to
serve a demolition order on the existing building, which has been used as a
residence since 1997. Council encourages the recycling of existing buildings
under the principles of environmental sustainability.
(e) the public interest
Council has the responsibility of
balancing competing interests to prevent inappropriate development, while
allowing individual landowners the opportunity to develop their land. A
consistent application of development standards is important for Council to
demonstrate that it is acting in the public interest.
SUSTAINABILITY ASSESSMENT:
Environment
The proposed development will have no
adverse impacts on the natural environment. The recycling of existing buildings
is encouraged under the principles of environmental sustainability.
Social
No adverse impacts anticipated from this
application.
Economic
There are no economic implications arising
from the proposed development. However, there may be costs to Council depending
on the outcome of the determination and if an appeal is lodged by the applicant.
Risk
The adoption of a consistent approach to
development control, combined with a proper assessment under Section 79C of the
EP&A Act 1979, will mitigate any risks to Council that may arise following
determination of an application.
FINANCIAL
IMPLICATIONS:
Direct and indirect impact on
current and future budgets
There may be financial implications to
Council arising from the determination of the development application. In
accordance with the provisions of the EP&A Act, the applicant has the right
of appeal should they be unhappy with the decision of Council.
Source of fund and any variance
to working funds
Not applicable.
DETAILS
OF CONDITIONS OF CONSENT
PARAMETERS OF THIS CONSENT
1 Development is to be in accordance with
approved plans
The development is to be
implemented generally in accordance with the plans and supporting documents set
out in the following table except where modified by any conditions of this
consent.
Plan No/Supporting Document |
Version |
Prepared by |
Dated |
Plan No
486 1-10 |
1 |
Dex Consulting |
March 2008 |
In the event of any inconsistency
between conditions of this development consent and the plans/ supporting
documents referred to above, the conditions of this development consent
prevail.
The approved plans and supporting
documents endorsed with the Council stamp and authorised signature must be kept
on site at all times while work is being undertaken.
2 Consent Granted For Works within the
Road Reserve
This development consent includes
the works within the road reserve set out in the table below. The work must be
carried out in accordance with the standard specified in the column opposite
the work. All works are to include the adjustment and/or relocation of services
as necessary to the requirements of the appropriate service authorities.
Work |
Standard to be provided |
Driveway |
10
metres wide. Paving to be 100mm thick reinforced with construction joints to
suit service trenches. The footpath crossing must be designed to provide a
cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40) for a width of at least
2.4 metres to provide for pedestrians with access disabilities. |
3 Compliance with Building
Code of
a 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 or
complying development certificate was made.
b In the case of residential building work
for which the
This condition does not
apply:
a to the extent to which an exemption is
in force under clause 187 or 188, subject to the terms of any condition or
requirement referred to in Clause 187 (6) or 188 (4), or
b to the erection of a temporary building.
4 Notification
of
Residential building work within
the meaning of the
a in
the case of work for which a principal contractor is required to be appointed:
i the name and licence number of the
principal contractor, and
ii the name of the insurer by which the
work is insured under Part 6 of that Act,
b in
the case of work to be done by an owner-builder:
i the name of the owner-builder, and
ii if the owner-builder is required to hold
an owner-builder permit under that Act, the number of the owner-builder permit.
If arrangements for doing the
residential building work are changed while the work is in progress so that the
information notified above becomes out of date, further work must not be
carried out unless the principal certifying authority for the development to
which the work relates (not being the council) has given the council written
notice of the updated information.
5 Existing buildings to be bought into
compliance with fire safety provisions
In accordance with Clause 94 of
the Environmental Planning & Assessment Regulation 2000 Council requires
the existing building(s), subject to a development application, be bought into
total compliance with the fire safety provisions of the Building Code of
Australia Part C1 and Table C1.1 of BCA Vol 1.
THE
FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION
CERTIFICATE FOR BUILDING WORKS
6 Sewer main to be relocated or protected
The application for a
Construction Certificate is to include Structural Engineer's details and a
certificate certifying that the design for the footings has taken into account
the effect on the garage, should excavation of the sewer line be necessary, see special conditions re position of garage & sewer main.
7 Plans
and Specifications for Fire Protection
Plans and specifications to be submitted to Council showing:
a methods of attaining compliance with:
i Part C1, C2 and C3 of BCA 2008 (Vol. 1) for separating wall between residential (Class 4) and commercial (Class 6) with regards to protection from spread of fire between buildings, and,
ii Part F5 of BCA 2008 (Vol 1) for sound insulation of separating wall between residential and commercial components;
b Finished edge of external wall of proposed garage to be located no less than 1 metre from Council sewer main; and
c Double glazing of bedroom windows to assist in sound attenuation.
THE
FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY BUILDING OR
CONSTRUCTION WORKS COMMENCING
8 Plumbing Standards and
requirements
All Plumbing, Water Supply and Sewerage
Works are to be installed and operated in accordance with the Local Government
Act 1993, the NSW Code of Practice for Plumbing and Drainage and AS/NZS 3500
Parts 0-5, the approved plans (any notations on those plans) and the approved
specifications.
The plumber must obtain a
Plumbing Permit at least two (2) working days prior to commencing work in
accordance with the Local Government Act and the NSW Code of Practice for
Plumbing and Drainage. The proponent must ensure the plumber has obtained a Plumbing
Permit prior to commencing work on the site.
9 Residential building work
Building work that involves
residential building work (within the meaning of the Home Building Act 1989)
must not be carried out unless the Principal Certifying Authority:
a in the case of work to be
done by a licensee under that Act:
i has been informed in
writing of the licensee’s name and contractor licence number, and
ii is satisfied that the
licensee has complied with the requirements of Part 6 of that Act, or
b in the case of work to be
done by any other person:
i has been informed in
writing of the licensee’s name and contractor licence number, and
ii has been informed in
writing of the person’s name and owner-builder permit number, or
iii has been given a
declaration, signed by the owner of the land, that states that the reasonable
market cost of the labour and materials involved in the work is less than the
amount prescribed for the purposes of the definition of owner-builder work in
Section 29 of that Act, and is given appropriate information and declarations
under paragraphs (a) and (b) whenever arrangements for the doing of the work
are changed in such a manner as to render out of date any information or
declaration previously given under either of those paragraphs.
Note:
The amount referred to in paragraph (b) (iii) is prescribed by
regulations under the Home Building Act 1989. As at the date on which this
Regulation was Gazetted that amount was $5,000. As those regulations are amended
from time to time, so that amount may vary.
A certificate purporting to be
issued by an approved insurer under Part 6 of the Home Building Act 1989 that
states that a person is the holder of an insurance policy issued for the
purposes of that Part is, for the purposes of this clause, sufficient evidence
that the person has complied with the requirements of that Part.
10 Erosion & sediment measures
Erosion and sedimentation
controls are to be in place in accordance with Managing Urban Stormwater -
Soils and Construction Vol. 1, 4th Edition prepared by Landcom.
11 Toilet facilities
Toilet facilities are to be
provided, at or in the vicinity of the work site at the rate of one toilet for
every 20 persons or part of 20 persons employed at the site. Each toilet
provided must be a toilet connected to an accredited sewage management system
approved by the Council.
12 Site construction sign required
A sign or signs must be erected
before the commencement of the work in a prominent position at the frontage to
the site:
a showing the name, address and telephone
number of the principal certifying authority for the work, and
b showing the name of the principal
contractor (if any) for any building work and a telephone number on which that
person may be contacted outside working hours, and
c stating that unauthorised entry to the
work site is prohibited.
The sign is to be maintained
while the building work, subdivision work or demolition work is being carried
out, but must be removed when the work has been completed. No sign is to have
an area in excess of one (1) m2.
THE
FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION
13 Construction times
Construction works must not
unreasonably interfere with the amenity of the neighbourhood. In particular
construction noise, when audible on adjoining residential premises, can only
occur:
a Monday to Friday, from 7.00 am to 6.00
pm.
b Saturday, from 8.00 am to 1.00 pm.
No construction work is to take
place on Sundays or Public Holidays.
14 Builders rubbish to be contained on site
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.
15 Maintenance of sediment and erosion control measures
Sediment and erosion control
measures must be maintained at all times until the site has been stabilised by
permanent vegetation cover or hard surface.
16 Measures to control stormwater runoff
Measures must be put in place to
control stormwater runoff. These control measures must be in place prior to the
commencement of works so as to prevent soil erosion and the transport of
sediment from the site into either:
a adjoining land
b natural drainage courses
c constructed drainage
systems, or
d waterways.
All disturbed areas must be
stabilised and revegetated. Turfing or another approved seeding method must be
undertaken in each part of the development within 7 days of completion of
earthworks. Topsoil must be preserved for site revegetation. Details of
sediment control measures and revegetation works must be submitted to the
Principal Certifying Authority for approval prior to release of the
Construction Certificate.
17 Survey of building location required
This condition relates
specifically to the proposed garage. A survey certificate prepared by a
registered surveyor is to be submitted to the Principal Certifier upon
completion of the floor slab formwork, before concrete is poured, to ensure the
siting of the building in relation to adjacent boundaries is in accordance with
the development consent.
18 Stormwater drainage work
Stormwater must be collected and
disposed of to the kerb and gutter via
a suitably manufactured kerb adaptor. Drainage lines within the road
reserve must be sewer class or other approved equivalent. All drainage works
are to be installed by a suitably qualified person and in accordance with the
requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater
drainage.
THE
FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO OCCUPATION OF THE
BUILDING
19 Works to be completed
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.
The bond paid for this application will be held until Council is satisfied that
no further works are to be carried out that may result in damage to Council’s
road/footpath reserve.
20 Sewer and water to be connected
Sewer and water supply is to be
connected to the premises in accordance with an approval granted under Section
68 of the Local Government Act 1993.
21 Smoke Alarms
Interconnected and automatic hard wired smoke alarms to be fitted to Class 4 and Class 6 buildings in accordance with Part 3.7.2 of BCA 2008 (Vol. 1)
THE
FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH AT ALL TIMES
22 Premises not to be
converted to dual occupancy
The premises are not to be
converted for use for dual occupancy purposes without the prior consent of
Council.
REASONS
1 To comply with the provisions of Nambucca Local Environmental Plan 1995.
2 To ensure that the movement of traffic
along the public road is not interfered with by activities relating to the
development, and/or to comply with traffic regulations.
3 To preserve the environment and existing
or likely future amenity of the neighbourhood.
4 To provide and/or maintain an adequate
drainage network that will not cause damage to existing or future development.
5 To ensure adequate access to and from
the development.
6 To ensure that the land or adjoining
land is not damaged by the uncontrolled discharge of runoff of stormwater from
any buildings and paved areas that may be constructed on the land.
7 To protect the environment.
8 To preserve the amenity of the area.
9 To ensure public health and safety.
10 To ensure compliance with the Roads Act
1993.
11 To ensure the garage is located wholly within boundary of subject property, without encroachment onto adjoining land.
There are no attachments for this report.
17
December 2008 |
Director of Engineering
Services Report
ITEM 10.1 SF740
AUTHOR/ENQUIRIES: Bruce Redman,
Director Engineering Services
Summary: A request was received from a resident in |
That Council not
remove the fig trees from the western end of |
OPTIONS:
· Do not remove the trees
· Remove the trees as requested at Council cost
· Remove the trees as requested at the cost of the applicant
DISCUSSION:
A resident from the
western end of
There are two large
trees and one small fig tree and while they are undesirable species (root
intrusion) they are a feature of the neighbourhood. For this reason a letter was sent to the
seven properties in the immediate neighbourhood.
Feedback was received
from four of those landowners. The
responses were:
1 Strongly against the
removal. They are healthy and not
diseased. In the heat of summer they
cast a large shade area.
2 Object, they pose no threat and are lovely and an asset to
our street.
3 Please consider removing
the trees, ongoing problem with the large leaves dropping in the front yard and
gutter. Worry about children climbing
the trees and about branches falling onto the house. Elderly and have to rely on others to
help. The trees attract bats.
4 Would love the trees to be
gone, big on-going job cleaning up the leaves.
The leaves block the storm drain.
The roots are difficult to mow around for Council staff and eventually
the footpath will be damaged. Concerned
about children falling from the trees.
Site of recent vandalism.
The views are evenly
split from the four respondents. Under
such circumstances the status quo should remain.
CONSULTATION:
Seven landowners of the
neighbourhood.
SUSTAINABILITY ASSESSMENT:
Environment
The trees in question are Ficus macrophylla,
Moreton Bay Fig, which are native to
Social
The trees are an important part of the
landscape in that section of the street.
Economic
The cost of the work has to be funded but no
other implications arise.
Risk
There are a number of risks:
· Stormwater blocks and causes local flooding
· Limb falls from the tree
· Children playing in the tree have an accident
· The tree roots damage the footpath
FINANCIAL IMPLICATIONS:
Direct
and indirect impact on current and future budgets
These trees would be funded from the tree
maintenance budget of $15,000 (General).
The estimated cost is $5,000 ($2,000 each and $1,000 for the small one).
Source
of fund and any variance to working funds
No variation sought.
1View |
21678/2008 - Seeking comments into the removal of
fig trees from Bellevue Drive Macksville data letter |
|
2View |
23366/2008 - Submission in relation to the
removal of fig trees in |
|
3View |
23458/2008 - Submission in relation to the
removal of fig trees in |
|
4View |
23361/2008 - Submission in relation to the
removal of the fig trees in |
|
23204/2008 - Submission in relation to the
removal of fig trees in |
|
Enquiries to: Mr B Redman
Phone No: 02 6568 0230
Our Ref: SF40
29 August 2008
«Name»
«Address1»
«Address2»
«Address3»
Dear «Salutation»
There are two large and one
smaller fig trees growing on the southern side of
Council has been asked to
look at removing these trees. Apart from
the cost, there is also the views of the immediate residents to take into
account. Before proceeding with any
costings Council would appreciate your views on whether or not the trees should
be removed.
A response by the 19 September 2008 would be appreciated.
Yours faithfully
B R REDMAN
DIRECTOR
ENGINEERING SERVICES
BRR:hl