NAMBUCCA SHIRE COUNCIL

ORDINARY COUNCIL MEETING - 16 APRIL 2009

Acknowledgement of Country (Mayor)

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

Presentation (Mayor)

Certificate of Appreciation to the Nambucca River Users Group (represented by David Banks, Chairman and Katie Adams, Secretary)—in recognition of the Group’s cleanup of the Nambucca River and Warrell Creek.

AGENDA Page

1 APOLOGIES

2 PRAYER

3 DISCLOSURE OF INTEREST

4 CONFIRMATION OF MINUTES — Ordinary Council Meeting - 2 April 2009

5 Notices of Motion

5.1 Notice of Motion - Superannuation

5.2 Notice of Motion - Building in Flood Prone Areas

5.3 Notice of Motion - Thistle Park

5.4 Notice of Motion - Nambucca District Cricket Association

6 DELEGATIONS—Motion to hear Delegations

FOR CLOSED MEETING:

12.2 Non-Compliance with Local Government Order No 7 to Fence Property to Prevent Goats Straying onto Graces and North Arm Roads, Argents Hill

(i) Ms Diane Desic—property owner

7 ASKING OF QUESTIONS WITH NOTICE

8 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9 General Manager Report

9.1 Outstanding Actions and Reports March 2009

9.2 Local Government Filming Protocol

9.3 Valla Beach Urban & Hall Committee of Management - Annual General Meeting 16 February 2009

9.4 Commercial Release of Genetically Modified Rose

9.5 Draft Policy on deferral of Section 94/64 Contributions

9.6 Using of a Section of the Adin Street Reserve for Camping

10 Director Environment and Planning Report

10.1 Report on NSW Government Policy Statement on Sea Level Rise

10.2 Outstanding DA's >12 months and applications where submissions received and not determined 7 April 2009

10.3 DA's and CDC's Received and Determined under Delegated Authority to 7 April 2009

10.4 DEP Applications and Statistical Reports July 2008-March 2009, 2002-2009 and Certificates Received 2004-2009

10.5 Report on the Minutes of AGM Access Committee Meetings 24 March 2009

10.6 Report on the Minutes of Access Committee Meeting 24 March 2009

10.7 Report on Proposed Alcohol Free Zone - Bowraville

10.8 Report on Minutes of Nambucca River Estuary & Coastline Management Committee Meeting - 6 April 2009

10.9 Report on Crime Prevention Grant

10.10 Report on the Minutes from Nambucca Local Environmental Plan 2008 Workshop

10.11 Transfer of land between Scotts Head Lifestyle Homes and Nambucca Shire Council (DA 2002/204/03)

11 Director Engineering Services Report

11.1 Mid North Weight of Loads Group

11.2 Maintenance Requirements for Public Halls

11.3 Nambucca Shire Traffic Committee Meeting - 31 March 2009

12 General Purpose Committee 15 April 2009 – REPORT

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

12.1 Council Owned Buildings for Public Use - Essential Fire Measures

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

12.2 Non-Compliance with Local Government Order No 7 to Fence Property to Prevent Goats Straying onto Graces and North Arm Roads, Argents Hill—DELEGATION

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (b) (e) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer; AND the report contains information that would, if disclosed, prejudice the maintenance of law.

14 MEETING CLOSED TO THE PUBLIC

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

Ordinary Council Meeting

16 April 2009

Notice of Motion

ITEM 5.1 SF1269 160409 Notice of Motion - Superannuation

AUTHOR/ENQUIRIES: Michael Moran OAM, Councillor

Summary:

Not provided.

Recommendation:

That Council refuse to pay the amount (whatever it is).

OPTIONS:

No options.

DISCUSSION:

Notice to Council $350,000 than change to $250,000. Can someone tell me the full cost—is it a one off or is it ongoing. Council has not discussed the matter but some documents have been given to Councillors.

Where does this money come from?

Poor ratepayers.

MANEX COMMENT:

Defined Benefit Superannuation Schemes generally commenced before the introduction of the 9% superannuation guarantee in 1993. The Local Government Scheme commenced as the State Superannuation Scheme and prior to the introduction of the 9% guarantee was the means by which public sector employees in the State made provision for a “self-funded” retirement. The Defined Benefit Scheme for both State and Local Government employees was closed to new members in about 1993.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 April 2009

Notice of Motion

ITEM 5.2 SF1269 160409 Notice of Motion - Building in Flood Prone Areas

AUTHOR/ENQUIRIES: Michael Moran OAM, Councillor

Summary:

Not provided.

Recommendation:

Flood prone areas if council have a policy on building in flood prone area why not have a policy of building in the bush—more people die from fires than floods.

OPTIONS:

DISCUSSION:

CONSULTATION:

SUSTAINABILITY ASSESSMENT:

Environment

Social

Economic

Risk

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Source of fund and any variance to working funds

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 April 2009

Notice of Motion

ITEM 5.3 SF1269 160409 Notice of Motion - Thistle Park

AUTHOR/ENQUIRIES: Michael Moran OAM, Councillor

Summary:

Thistle Park sale from Education Department to Housing Department for residential development.

Can Council stop this from happening as the area is flood prone and a water storage area?

Could Council refuse a building applicant as Government has their own guidelines?

Recommendation:

That Council ascertain whether residential development can be stopped in Thistle Park and whether a building application can be refused for residential development on this site.

OPTIONS:

DISCUSSION:

CONSULTATION:

SUSTAINABILITY ASSESSMENT:

Environment

Social

Economic

Risk

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Source of fund and any variance to working funds

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 April 2009

Notice of Motion

ITEM 5.4 SF1269 160409 Notice of Motion - Nambucca District Cricket Association

AUTHOR/ENQUIRIES: Rhonda Hoban, Councillor

Summary:

Nambucca district Cricket Association has advised that their long term lease over Thistle Park has expired and that the owner, the NSW Department of Education intends to rezone the land and sell it for residential housing.

Recommendation:

1 That Council writes to the Minister for Education requesting that the Nambucca District Cricket Association be compensated for the loss of the pitch and the 12 years of volunteer labour that maintained it for use by the public school system.

2 That the Minister for Education be asked to give an assurance that after such compensation any remaining profit from the sale of the land that was initially set aside for the future of public education in Macksville, will be either expended to improve and expand the existing public school, or put in reserve for the future of public education in Macksville.

OPTIONS:

DISCUSSION:

1 Thistle Park is owned by the NSW Department of Education and was designated as the future site for Macksville East Primary School.

2 In 1996 it was leased to the Nambucca/Bellingen Cricket Association. The Cricket Association has surveyed, filled, levelled, drained, turfed and irrigated the area at a cost of approximately $70,000. This figure does not include approximately 600 hours of voluntary labour to establish the ground and approximately 10 hrs/week maintenance for 30 weeks a year over the past twelve years.

3 Under Section 555 of the Local government Act “land that belongs to and is occupied and used in conjunction with a school…including (i) a playground that belongs to and is used in connection with the school..” is exempt from all rates.

4 As a result of the Cricket Association developing and maintaining Thistle Park, the local public schools have been able to use it for sporting activities. This use by the schools has allowed the Department to claim exemption from rates under Section 555 of the Local Government Act.

5 There are five senior and junior cricket teams in Macksville and with only two grounds remaining in the town, club members will be faced with a lot of travelling. Thistle Park is also used for representative games for seniors and juniors; and the seniors host the North coast Games, Country Cup Games and the annual games against a touring New Zealand emerging Players team. Thistle Park is also host to all semi finals and grand finals and is very much the centre of cricket in the area.

6 It may also be worth noting that this Club and this field was the training and development ground for Australian Cricketer, Phillip Hughes.

7 given that through the indirect efforts of the Cricket Association, the Department has held the land rates free, it does not seem unreasonable to request some assistance from the Department in covering the costs of relocating the cricket pitch.

8 Given that Macksville will continue to grow and the need for quality public education remains, it does not seem unreasonable to request that profit from this land sale remain in public education in Macksville.

CONSULTATION:

SUSTAINABILITY ASSESSMENT:

Environment

Social

Economic

Risk

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Source of fund and any variance to working funds

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 April 2009

General Manager's Report

ITEM 9.1 SF959 160409 Outstanding Actions and Reports March 2009

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

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

Recommendation:

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

No	FILE NO	COUNCIL MEETING	SUMMARY OF MATTER	ACTION BY	STATUS
SEPTEMBER 2007

JUNE 2008

1

SF793

05/06/08

NoM - Council write to the appropriate department and request a total ban on night netting on all Nambucca Shire Council beaches. The meeting with Dave Mitchell was held on the 25 March 2009 and as a result Council determined a number of actions: 1 That a letter be written to the Minister for Primary Industries seeking legislation that enables enforcement of the Code of Conduct for Ocean Haul Fishermen. 2 That information be sought on the success or otherwise of having a Professional Fishermen's Motor Vehicle Beach Access Permit. 3 That the Department of Primary Industries Representative raise the concerns of Nambucca Shire Council at the next meeting of the Ocean Haul Operators Management Advisory Committee. 4 That the Department of Primary Industries be asked to provide temporary signage on the beach that advises the public that Beach Haul fishing is underway with reference to the Department of Primary Industries Website.

DES

Report on commercial fishermen to be prepared for Council after further consulting with the Department of Primary Industries. Ongoing discussions with DPI. DPI recommended a local meeting with the representative of the commercial fishermen, DPI and Council. Dave Mitchell (Commercial Fishermen Representative of the Ocean Haul Operators) has agreed to discuss this years operations with Council before the end of March.

JULY 2008

2

Item 9.9

03/07/08

Council make representation to Minister for Lands seeking agreed compensation for subdivision of Reserve 91694

GM

Letter sent 15/07/08. Follow up letter sent 14/11/2008. Minister for Lands has advised by letter dated 8/1/09 that land will be made available to Council as per the agreement following finalisation of an Aboriginal Land Claim. Follow up letter sent 9 April.

3

Item 9.1

03/07/08

Council form working party to resolve conflicting issues surrounding the use of footpaths

DEP

Working party meeting to be arranged August/ September. To be deferred to after elections. Arrangements made to hold meeting on 18 December at 2.00 pm Meeting held 26 February 09. Outcomes of meeting to come to Council in a report in May 2009.

4

Item 11.4

03/07/08

That a new plan of management be prepared for Farringdon Playing Fields

DES

Awaiting outcome of grant application before proceeding. Outcome of grant expected early December but not yet received. Funding declined. Work on preparing plan to be scheduled. Interested parties will need to identify potential uses for inclusion in revised plan of management.

OCTOBER 2008

5

RF256

16/10/08

Notice of Motion - Riverbank Erosion - Riverside Drive Nambucca Heads – report re geotechnical engineers re stability of Riverside Drive

DES

Subject to GHD undertaking evaluation. Three separate assessments underway: 1 GHD comment: Riverside Drive Bank Stability: Drilling carried out November 08 at Doyles Lane, Jason cottage and Ellis Ave. Survey of crest and toe completed. Vegetation cut back to allow survey of bank contours etc. after survey completed then the geotech model is developed. Report for Jason Cottages due by 3 April 2009. Additional clearing and survey required for Doyles Lane slip. 2 GHD comment: Riverside Drive Road Stability(West) Hazard mapping completed mid December 08. draft report prepared in January 09 for internal review. Report from GHD due by 16 April 2009 3 GHD comment: Catchment Assessment Development of methodology. Catchment base maps and data being prepared as GIS resources permit. Approximate half forwarded to GHD. Jason Cottages - preliminary design received. Riverside Dr road stability due first week after Easter. Catchment assessment – all data has now been supplied.

NOVEMBER 2008

6

SF544

6/11/08

Council receive a report on options for the provision of matching general fund contributions for the S94 works schedule for community facilities and open space. Including the possibility of establishing a reserve.

GM

To be considered with draft budget for 2009/10. Report May 2009.

7

SF544

6/11/08

Council review its Policy on Deferment of Section 94 payments.

GM

Report January 2009 Government has changed its policy on Deferred Contributions. Awaiting clarification. Report in March 2009. Deferred to April 2009. Report in business paper.

8

SF544

6/11/08

Council review biennial the Community Infrastructure and Infrastructure Needs Study and review annually the Section 94 Community Facilities and Open Space Contributions Plan Works Schedule.

GM

Report November 2009

9

SF844

20/11/08

Council invite The Hon Phillip Costa MLA to inspect off-stream water storage site at Bowraville

GM

Invitation issued 26/11/08

10

SF285

20/11/08

Council consider what resources might be needed to prepare a new Social and Community Plan as part of the 2009/2010 budget.

DEP

Target for Plan’s presentation is June 2009 in accordance with the 2008-09 Management Plan.

11

SF42

20/11/08

That Council receive a report back on the Dept. of Local Government Circular 08-61 – Plumbing Inspections by Council.

DEP

16 April 2009 Matter deferred as AIBS and DEPA are currently investigating the consequences of this circular.

12

SF820

20/11/08

The 3 Councils get together to review the operation of the Coffs Coast Waste Service.

DES

Information conveyed to Coffs Harbour. Report proposed for March GPC. Deferred to April GPC

DECEMBER 2008

13

SF785

4/12/08

Submit application for grant funding for Crime Prevention Grants. Invite NSW Police + NSW Attorney General’s Department to discuss Crime Prevention Plan

DEP

Application submitted 10 December 2008. See item in business paper. Invitation to be issued during week of 12-16 Jan. Invitations issued to NSW AGs - declined due to travel bans. Grant successful – see item in business paper.

14

SF15

4/12/08

That Council reconvene the Saleyard Advisory Committee to determine mid to long term operational strategies for the Macksville saleyards.

GM

Meeting to be arranged in January 2009. Representatives sought at sale on 7 January 2009. Rescheduled to February 2009. List of Committee members obtained on 25 February. Meeting to be scheduled.

15

SF688

4/12/08

That during the first half of the 2009/10 year Council call for community input into a new Environmental Levy program for the 5 year period to the end of 2014/2015.

DEP

Programmed for September 2009.

16

18/12/08

1 Argents Hill Hall - The Committee of Management be invited to apply for grant funding to undertake repairs to the Hall under the Public Reserves Management Fund. 2 Council, as Manager of the Trust formally concur to the addition of Lot 5 DP 879153 to the Reserve.

GM

Letter sent 9 January 09

17

18/12/08

Alliance Tender for the Provision of a Corporate Software System That Council seek the agreement of the tenderers to an extended evaluation period which will conclude on 30 June 2009.

GM

MIT consulting with tenderers. Tender evaluation to occur April/May 2009.

18

SF871

18/12/08

Council advertise the Pioneer Community Centre for sale by tender. Occupants of the building to be notified of Council’s action. Nothing be done until after April 2009 having considered submissions from user groups and that Council make a decision at that time.

GM

Underway. CoM requested a period of 2.5 months to check report on building condition before a Council meeting. This has been agreed. Building report expected this month. Report to GPC 15 April 2009.

19

SF871

18/12/08

Council inspect the Pioneer Community Centre and Grants Hall at the April GPC

GM

To be listed for April GPC. Report listed for GPC.

20

SF639

18/12/08

Council consider the appointment of an Asset Manager in its budget for 2009/10.

GM

Report May 2009

21

SF639

18/12/08

Council review the Planning Department upon completion of current work program.

GM

Report July 2009. Report is completed and to be considered by Consultative Committee in 23 April 2009 before coming to Council. This is required by the Award.

22

SF1046

18/12/08

That the Wellington Drive component of the Urban Design Strategy be deferred pending a further report to Council in relation to further studies re land slip, rising sea level and traffic/parking.

DEP

Report March 2009. Deferred in Draft Budget. 16 April 2009 meeting. Deferred until draft Nambucca River Master Plan prepared.

23

SF30

18/12/08

Council consider an increase of 10% per capita in their contribution to Clarence Regional Library for 2009/10 ($14,000).

DEP

Included in Draft Budget.

24

SF30

18/12/08

Council investigate becoming registered as a deductible gift recipient in regard to library services.

DEP

Being investigated by Council’s Finance Staff. Report to March 2009. Deferred to April 2009 Deductible Gift Recipient Status approved 3 April 2009 by the ATO for Macksville & Nambucca Heads libraries. Allows Council to receive donations for libraries which are tax deductible to donors. Becomes effective 1 July 2009.

25

SF757

18/12/08

Council work towards establishing an alcohol free zone in Bowraville and allocate $1,000 to implementation.

DEP

Awaiting statistics from Police for inclusion in the consultation proposal for the AFZ. Written request sent 12 January with follow up on 13 & 28 Jan and 6 & 9 February 09 The proposal is currently on exhibition closing 30 March 09.

JANUARY 2009

26

NoM

15/01/09

Council seek a time frame for land acquisition for the highway upgrade. That the Minister be requested to receive a delegation from Council.

GM

Letter written. Report to 16 April 09.

27

NoM

15/01/09

What policies does Council have with the Lands Dept for the leased area at Scotts Head?

GM

To be reported with Draft Master Plan. Enquiry made with Scotts Head Reserve Trust on 6 April re insurance and payment.

28

SF62

15/01/09

Council advertise by open tender the management and operation of the Macksville Aquatic Centre for an initial period of 2 years.

GM

Tender documentation currently being advertised – closing 16 April 2009

29

PRF53

15/01/09

Preparation of landscape design for River Street, Macksville in consultation with Joan’s Army and Council staff.

DES

Quotations being sought. Late March. Deferred to May 2009.

30

PRF53

15/01/09

Council investigate a grant to provide a boardwalk from Macksville CBD along Tilly Willy Creek to the concrete works with access through to McKay Street.

DES

Referred to Grants Officer. Likely to be an issue with property owners who have direct access to Tilly Willy Creek. Views of residents in McKay Street be sought.

31

PRF53

15/01/09

DES to enquire with Department of Public Works about opportunities to remove or refurbish the river gauging station in River Street, Macksville.

DES

Letter sent to the Manly Hydraulics Laboratory. The Dept of Commerce have advised that Council in 1981 raised no objection to the Department of Public Works proposal to install an automatic recorder after consideration of the approximate location and type of structure, The site is important because of the consistency with historical data. An alternative building or structure must still use the same site.

32

PRF614

15/01/09

Council request NSW Water Solutions to undertake further modelling in the IWCM based on a variety of population growth figures, including 1% growth, different capital costs so as to assess the sensitivity of projected water rates and developer contributions to changes in these variables.

DES

Underway Further modelling will only be for the 1% population growth scenario. Results will be included in the Final Strategy paper which is due to be received by the end of March 2009.

FEBRUARY 2009

33

SF706

5/02/09

That Council staff prepare a funding application for solar hot water and rainwater tanks for the Council Administration building provided it is fully funded.

GM

Referred to Grants Officer for preparation of grant. Building has been equipped with solar hot water since 2002. Booster now turned off.

34

SF241

5/02/09

That a new plan of management for the reserve within Kingsworth Estate be prepared by DES. To include pedestrian and vehicular access arrangements and management of environmental values.

DES

October 2009

35

SF869

19/02/09

Council write to Country Energy concerning energy being wasted with street lighting at the Pearl Estate off the Pacific Highway at Valla, pointing out there are no houses and the road is blocked to prevent access.

DES

Letter sent seeking change to Council determining when street lights in new subdivisions are energised. No response as at 24 March 2009.

36

SF1031

19/02/09

That a report come back to Council on its capacity to keep electronic information long term and in a fail safe condition.

GM

MIT to report in July 2009.

MARCH 2009

37

SF1297

5/03/09

That Council make representations to the DECC and RFS re requirements for bushfire asset protection zones around houses.

DEP

Letters to be prepared and sent. Letters sent 16 March 2009.

38

DA09/049

5/03/09

The RTA be requested to revise the speed limit along the Pacific Highway at Bellwood to 50km/hr.

DES

Letter sent. No response as at 24 March 2009.

39

SF135

5/03/09

That Council receive a breakdown and explanation of the $9,000 (for the SoE Report) so that it may be considered in the 09/10 budget.

DEP

Report to be prepared and submitted with Budget

40

DA09/061

5/03/09

That Council review the Carparking Section 94 plan for Nambucca Heads..

GM

Target report to Council in July 2009.

41

SF982

5/03/09

Report on income and expenditure re Ranger when draft budget for 09/10 is considered.

DEP

Report to be prepared and submitted with Budget.

42

SF1269

5/03/09

That Council investigate the purchase of privately owned industrial land adjoining the Macksville industrial estate.

GM

Cost of feasibility study being investigated. Report by April 2009. Quotes being obtained from consultants. Report May 2009.

43

SF1269

19/03/09

Section 94 Plan for the Bellwood area be reviewed as a matter of urgency.

GM

DES has engaged RoadNet to prepare a report on required infrastructure and cost. Report May 2009.

44

SF959

19/03/09

Council raise lack of staffing, opening hours and security at the Macksville Court House with the Attorney General.

GM

Letter sent 24/03/09.

45

SF791

19/03/09

Proposed sale of old Gumma Road sanitary depot be deferred to allow for further investigation of prior use.

GM

Report to next Land Development Committee meeting.

46

SF791

19/03/09

That a report go back to the Land Development Committee on the outcome of advertising for expressions of interest for the purchase and development of industrial land in Nambucca Heads.

GM

Report to come back following advertising.

47

SF1301

19/03/09

Council hold 1 workshop for Section 355 Committees to explain information package and to discuss any issues or concerns the Committees may have in relation to their operations.

GM

Workshop being organised for 5.00pm Wednesday 3 June 2009.

48

SF1213

19/03/09

Subcommittee be established to review the Draft Management Plan 2009/2029 – Targets/Objectives/Strategies

GM

Memo issued to Councillors re participation.

49

SF744

19/03/09

Council receive a report on the released bond for the Wia-Ora sand and gravel quarry.

DEP

Report targeted for presentation prior to end of May 2009.

APRIL 2009

50

PRF11

2/04/09

Buz Brazel Park

DES

Plans showing the vegetation clearing options sent to the Committee of Management for their views. Plan of Management will be re-submitted to Council once a response is received.

51

PRF44

2/04/09

Donnelly Welsh Playing Fields

DES

Persons that made a submission have been advised that Council adopted the Plan of Management with a few minor amendments but no change to the proposed cricket fields. The exhibited cricket field layout has been adopted.

52

SF939

2/04/09

Views of Chambers of Commerce, Nambucca Valley Tourism and High Schools be sought as to proposed marketing slogan and billboards and alternative suggestions

GM

To be reported back in August 2009

Attachments:

Ordinary Council Meeting

16 April 2009

General Manager's Report

ITEM 9.2 SF42 160409 Local Government Filming Protocol

AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant

Summary:

The Department of Local Government have advised of the release of the revised Local Government Filming Protocol and request a nominated Contact Officer.

This Protocol sets out the way film permits should be processed by Councils. The Protocol is intended to foster understanding between industry and stakeholders to simplify procedures and build a good working relationship to NSW as a whole.

Recommendation:

1 That Manager Business Development be nominated as Council’s Film Contact Officer to assist Film Makers in obtaining the necessary approval, support and access to Council services with the General Manager as backup Film Contact Officer.

2 That the following fees be set in the budget:

$100.00 for 1-2 days filming

$200.00 for greater than 2 days filming

Bond of $250.

OPTIONS:

1 Nominate a contact

2 Opt out of the Protocol

DISCUSSION:

1. In a Circular to Councils 09-11 dated 23 March 2009 the Department of Local Government advised of the release of the revised Local Government Filming Protocol (the Protocol).

2. The Council was advised in a Circular in 2008 Making NSW Film Friendly, the Film Related Legislation Amendment Bill 2008 was passed by Parliament on 18 June 2008 and was awaiting assent pending a review of the Protocol. The Act will commence on 30 March 2009.

3. It is expected that Councils will provide the highest possible level of cooperation with Film Makers.

4. The Protocol makes the film process easier for both the film makers and Councils, giving all Councils one set of rules for processing approvals and also formalising a Code of Conduct for the screen industries, designed to ensure that the filming is sensitive to community needs.

5. The Department advises that Councils must comply with the Protocol. Councils can only opt out of this Protocol by adopting a satisfactory alternative approved by the Director General of the Department of Local Government. An alternative will only be approved if it supplements the Protocol.

6. The Protocol has been revised in consultation with the Local Government and Shires Associations of NSW and a number of Councils with experience in film activity. It aims to achieve a balance between the interests of Councils and Communities while supporting the film industry.

7. Councils are required to nominate a Film Contact Officer who will assist filmmakers in obtaining the necessary approval, support and access to Council services. The Protocol will provides details on the role of this position. The NSW Film and Television Office will offer training and ongoing support to the Film Contact Officers and Councils.

8. Ms Christina Hyde, Manager of ScreenLinks will be meeting with the General Manager to discuss the process of implementing the Protocol in the near future.

9. The Department of Local Government will review the Protocol after two years of operation.

10. Council may wish to introduce a fee for processing applications, services provided to support location filming, for the use of Council controlled and managed land, and in situations where filming has a clear, identifiable negative impact on public amenity.

CONSULTATION:

Department of Local Government

The General Manager

ScreenLinks – Ms Christina Hyde

SUSTAINABILITY ASSESSMENT:

Environment

There is no environmental implications.

Social

Improvement of social impact of film and television production locally and to be utilised as an industry development initiative.

Economic

Designed to deliver consistency in film and television production across the region to stream line the application process between Council boundaries creating economically viable film production.

Risk

There are no risk implications.

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 impact on working funds.

Attachments:

Ordinary Council Meeting

16 April 2009

General Manager's Report

ITEM 9.3 SF341 160409 Valla Beach Urban & Hall Committee of Management - Annual General Meeting 16 February 2009

AUTHOR/ENQUIRIES: Monika Schuhmacher, Executive Assistant

Summary:

The report acknowledges the Annual General Meeting of the Committee of Management for the Valla Beach Urban and Hall and the new Committee.

Recommendation:

1 That Council endorse the Committee of Management for the Valla Beach Urban and Hall and thank the outgoing Committee for their work in 2007/2008.

2 That the Community Services Directory and Committees of Management data source be updated to reflect the new Committee.

OPTIONS:

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

DISCUSSION:

1 The Annual General Meeting of the Valla Beach Urban and Hall Committee of Management was held on Monday 16 February 2009.

2 The Committee of Management for 2009/2010 is:

President Graham Jones

Vice President Martin Mountford

Secretary To be advised

Treasurer Peter Veryard

Committee Members Aldo Schepis; Cath Niezgoda; John Windmill.

CONSULTATION:

There has been no consultation.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

There are no social implications.

Economic

There are no economic implications.

Risk

There are no risk implications.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no impact on current or future budgets.

Source of fund and any variance to working funds

There is no impact on working funds.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 April 2009

General Manager's Report

ITEM 9.4 SF1321 160409 Commercial Release of Genetically Modified Rose

AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant

Summary:

Council at its meeting on 2 April 2009 deferred this matter to the meeting of 16 April 2009.

Council has been advised by the Gene Technology Regulator of an application from Florigene Pty Ltd to propagate and grow the modified roses for sale as cut flowers throughout Australia and have invited feedback on a risk assessment of purple/blue roses which have been modified using gene technology by 6 May 2009.

Recommendation:

That Council note the application from Florigene Pty Ltd to the Gene Technology Regulator to propagate and grow the modified roses for sale.

OPTIONS:

1 Provide a submission

2 Do not provide a submission

DISCUSSION:

1. This matter was deferred from Council’s meeting on 2 April 2009.

2. An invitation has been forwarded seeking feedback on a risk assessment of purple/blue roses which have been modified using gene technology with submissions closing 6 May 2009. The market would seem to have a preference for purple/blue coloured roses over pink roses.

3. Florigene Pty Ltd has applied to propagate and grow the modified roses for sale as cut flowers throughout Australia. A Risk Assessment and Risk Management Plan (RARMP) has now been prepared for public consultation which provides a comprehensive, science-based evaluation concluding that the proposed commercial release poses no significant risk to people or the environment. Some general licence conditions are proposed to ensure that there is safe oversight of the ongoing release.

4 Council may know of local issues relating to the health and safety of people and the environment that the Gene Technology Regulator should take into account. A letter is attached from the acting Gene Technology Regulator explaining the process. The Executive Summary of the consultation RARMP, a set of Questions and Answers and a summary feedback on the application are also attached for information. A full consultation RARMP and the Risk Analysis Framework, which guides the assessment of licence applications, are available from the website www.ogtr.gov.au (under “What’s New”).

CONSULTATION:

The General Manager

SUSTAINABILITY ASSESSMENT:

Environment

The RARMP will address any potential environmental issues.

Social

There are no social implications.

Economic

There are no economic implications.

Risk

There are no risk implications.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no impact on the current and future budgets.

Source of fund and any variance to working funds

There is no impact on working funds.

Attachments:

1View

7597/2009 - Letter, Executive Summary, Questions and Answer and Summary Feedback

Ordinary Council Meeting - 16 April 2009 Commercial Release of Genetically Modified Rose

Attachment 1 7597/2009 - Letter, Executive Summary, Questions and Answer and Summary Feedback

Ordinary Council Meeting

16 April 2009

General Manager's Report

ITEM 9.5 SF1031 160409 Draft Policy on deferral of Section 94/64 Contributions

AUTHOR/ENQUIRIES: Bruce Potts, Section 94 Co-ordinator

Summary:

This Policy was last reviewed in July 2008, and has again been reviewed as per Item 15 of Outstanding Actions and Reports dated 6 November 2008.

The Policy remains the same except for adequately defining the applicants obligations in providing a Bank Guarantee as security.

Recommendation:

That Council amend the existing deferment policy to include the amendments described in this Report.

OPTIONS:

Council may decide to either:

1 retain the current deferment policy without amendment, or

2 may choose to amend it

DISCUSSION:

1 Background

1.1 Given the importance of developer contributions towards the provision of infrastructure and services, the conditions whereby deferment of payment will be considered need to be clearly expressed and consistently applied. A key consideration for Council will always be the impact any deferment will have on Council’s cash flow and the ability for Council to meet its obligations in the provision of community assets.

1.2 The decision to defer payment of contributions requires Council to clearly establish:

a. the reason why a deferment should be granted,

b. the effect the deferment will have on community resources,

c. the terms of the payment, and

d. the arrangements to be entered into so as to guarantee payment to Council in circumstances where the applicant defaults.

1.3 Council has the authority to grant contribution payment deferment under certain circumstances. The circumstances by which contributions may be deferred must be prescribed in the s.94/64 Developer Contribution Plan and should be supported by an adopted Council policy.

1.4 This Report provides advice concerning the adopted Council policy on the deferment of contributions.

2 Council Policy on Deferment of Developer Contributions

2.1 Council adopted the current Contributions Policy on 19 October 2006 and subsequently reviewed it on 16 July 2008.

2.2 Summarised, the Council adopted policy states that Council may choose to accept deferred or periodic payment of contributions where the applicant can demonstrate particular circumstances, and where the application to defer the payment of contributions is made in writing. An application to make payment based on progressive land sales, or family reasons is not considered an acceptable circumstance. Deferment of contributions will not be considered for a period greater than 12 months and is subject to a bank guarantee being provided as security.

3 Recommended Amendments to Council Policy

3.1 The adopted policy states the requirements an applicant must meet in applying for deferred or periodic payments of contributions, however the policy does not adequately define the applicants obligations in providing a bank guarantee as security.

3.2 The following amendments to the current policy are suggested to assist in clarifying these obligations and to reduce any unintended ambiguity.

Council will accept deferred or periodic payment. Council will require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on the condition that:

a. indexing will be calculated from the date the contribution was due until the date of payment

b. the bank guarantee be by a bank for the amount of the total contribution, or the amount of any outstanding contribution, plus an amount equal to thirteen (13) months interest plus any charges associated with establishing or operating the bank security

c. the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than twelve (12) months from the provision of the guarantee or completion of the work

d. the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development

e. the banks obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required

f. where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest has been paid.

CONCLUSION:

Council’s deferment policy provides a reasonable and equitable means for applicants to apply for deferment of contributions where the circumstances can be adequately justified. The amendments to the policy are recommended to assist the applicants in understanding the obligations accompanying the approval by Council to defer contribution payments

CONSULTATION:

Councils Finance Manager and Accountant have been consulted.

SUSTAINABILITY ASSESSMENT:

Environment

No significant issues identified.

Social

No significant issues identified

Economic

Section 94/64 Plans generates income as a result of development and the associated additional needs.

Risks

The timing of delivery of projects is subject to the cash flow generated by contributions

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Section 94/64 Developer Contributions represent a significant income stream for Council. As such this plan offers considerable financial and resource benefits over the immediate and mid term.

Source of fund and any variance to working funds

Attachments:

1View	8774/2009 - Draft Policy - Section 94/64 Contribution Policy
2View	26004/2007 - POLICY - Section 94/64 Contributions

Ordinary Council Meeting - 16 April 2009 Draft Policy on deferral of Section 94/64 Contributions

Attachment 1 8774/2009 - Draft Policy - Section 94/64 Contribution Policy

NAMBUCCA SHIRE COUNCIL DRAFT SECTION 94/64 CONTRIBUTIONS POLICY

Function: CORPORATE SERVICES (FINANCE)

Adopted: 19/10/2006 Last reviewed: 16 JULY 2008

Our Vision

Nambucca Valley ~ Living at its best

Our Mission Statement

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

1.0 Policy objective

To ensure the payment of contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and Section 64 of the Local Government Act are paid in a timely manner and no prejudice is caused to the operation of the contribution plans.

2.0 Policy Statement

PAYMENT OF CONTRIBUTIONS

The payment of contributions should be made at the following times:

Development applications involving subdivisions

· Prior to the release of the subdivision certificate.

Development applications involving building work

· Prior to the release of the occupation or interim occupation certificate.

Development applications where no building work is involved

At the time of issue of occupation or interim occupation certificate, subdivision certificate or where no such certificates are required prior to the issue of an approval.

DEFERMENT OR PERIODIC PAYMENTS

Council will accept a deferred or periodic payment of contributions subject to the contribution being secured by Bank Guarantee and the deferment being no longer than twelve months. In such a case the applicant must make a written request.

Council will require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on the condition that:

1 indexing will be calculated from the date the contribution was due until the date of payment;

2 the bank guarantee be by a bank for the amount of the total contribution, or the amount of any outstanding contribution, plus an amount equal to thirteen (13) months interest plus any charges associated with establishing or operating the bank security;

3 the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than twelve (12) months from the provision of the guarantee or completion of the work;

4 the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development;

5 the banks obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required;

6 where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest has been paid;

7 the applicant will be charged an administrative fee based on the professional fees set in Council’s Revenue Policy;

8 periodic payments for a staged development will be on a pro rata basis - the proportion of the stage of the development is to the overall development.

---oo0oo---

Ordinary Council Meeting - 16 April 2009 Draft Policy on deferral of Section 94/64 Contributions

Attachment 2 26004/2007 - POLICY - Section 94/64 Contributions

NAMBUCCA SHIRE COUNCIL SECTION 94/64 CONTRIBUTIONS POLICY

Function: CORPORATE SERVICES (FINANCE)

Adopted: 19/10/2006 Last reviewed: 16 JULY 2008

1.0 Policy objective

To ensure the payment of contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and Section 64 of the Local Government Act are paid in a timely manner and no prejudice is caused to the operation of the contribution plans.

2.0 Policy Statement

PAYMENT OF CONTRIBUTIONS

The payment of contributions should be made at the following times:

1 Development applications involving subdivisions

· Prior to the release of the subdivision certificate.

2 Development applications involving building work

· Prior to the release of the occupation or interim occupation certificate.

3 Development applications where no building work is involved

· At the time of issue of occupation or interim occupation certificate, subdivision certificate or where no such certificates are required prior to the issue of an approval.

DEFERMENT OR PERIODIC PAYMENTS

Council may choose to accept a deferred or periodic payment of contributions required as Section 94 or Section 64 Contribution Plans where the applicant can demonstrate that the circumstances of the case make the requirements of the above conditions for payment of contributions unreasonable.

In such a case the applicant must make a written request and satisfy Council in accordance with the following:

· There are valid reasons for deferral or periodic payments;

· No prejudice will be caused to the community deriving benefit from the infrastructure required by or benefit to the proposed development;

· No prejudice will be caused to the operation of the contribution plan/s;

· The provision of the infrastructure in accordance with the adopted works schedule will not be adversely affected.

An application for deferment based on progressive land sales is not considered an acceptable circumstance. An application for deferment for family reasons is not considered an acceptable circumstance.

Applications for deferment or periodic payments will be subject to the following conditions:

· Deferment or periodic payments will be limited to a maximum of twelve months;

· The applicant must agree to the contributions being increased by the CPI for the previous twelve months at the date of deferral;

· The applicant must agree to secure the contributions and CPI increase by providing a Bank Guarantee from an Australian Bank or appropriate Australian Financial Institution;

· The payment of contributions before the expiry of the deferred period will not result in an adjustment to the increase in the contributions by the CPI as stated in dot point two.

· The applicant will be charged an administrative fee based on the professional fees set in Council’s Revenue Policy;

· Periodic payments for a staged development will be on a pro rata basis - the proportion of the stage of the development is to the overall development.

---oo0oo---

Ordinary Council Meeting

16 April 2009

General Manager's Report

ITEM 9.6 PRF10 160409 Using of a Section of the Adin Street Reserve for Camping

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

The report discusses insurance arrangements for the use of Council land adjoining the Scotts Head Reserve and particularly for an annual camp conducted by the Scripture Union Family Mission.

Recommendation:

In relation to camping on the Adin Street Reserve, that every year Council request a copy of the public liability insurance for the Scripture Union Family Mission with Council to be noted as an interested party.

OPTIONS:

There are no real options.

DISCUSSION:

At Council’s meeting on 15 January 2009 the following notice of motion was resolved:

“That Council be provided with a report to address the following insurance issues:

1 What policies does Council have with the Lands Department on the lease area of the Nambucca Shire Council?

2 In regard to the area of land on Adin Street, Scotts Head, which is not on the leased area but camp sites are leased out by the Lands Department—what insurances?

3 The Religious CSSM Group is renting land on the fringes of Adin street oval along drain—are they paying fees to the Management Committee—what insurance cover to Nambucca Shire Council and the Management Committee?”

In response to each of these questions Council is advised as follows:

1. What policies does Council have with the Lands Department on the lease area of the Nambucca Shire Council?

The existing lease of the land has expired and the use of the land as a caravan park is continuing on a month by month basis under clause 12.4 of the lease. The Trust is responsible for insurance on this land. This situation is not sustainable as it effectively precludes the opportunity for private sector finance to redevelop the caravan park. This of course is a major consideration in the draft Master Plan which has recently completed public exhibition.

2 In regard to the area of land on Adin Street, Scotts Head, which is not on the leased area but camp sites are leased out by the Lands Department—what insurances?

There has been a practice in place for many years whereby the Scripture Union Family Mission has had between 20 and 35 people camping on the edge of the cricket oval (outside the land leased to the Trust) between 27 December and 7 January. They pay a nominal per head fee to the Scotts Head Reserve Trust for the use of the amenities in the caravan park and provide a donation of $400 to the Scotts Head Junior Sports Club.

The question of insurance has been raised with the organiser of the Scripture Union Family Mission who advises that the Mission has public liability insurance.

The camping is recognised in the plan of management for the reserve which was adopted in 1996 and reviewed in February 2006. The plan of management states:

“The cricket field excluding the pitch area can be used for event camping if Council approval is given.

A section of the reserve can be used for camping by the Christian Youth movement each Christmas holidays. The Council will set the fees in consultation with the Sports Ground Committee of Management.”

Whilst there is the likelihood that the camping would be covered by Council’s own public liability insurance, as Council is not receiving any fee for the use of the oval for camping the preferred arrangement is that Council cite the public liability insurance for the Scripture Family Mission with Council to be noted as an interested party.

3 The Religious CSSM Group is renting land on the fringes of Adin street oval along drain—are they paying fees to the Management Committee—what insurance cover to Nambucca Shire Council and the Management Committee?”

This is answered in two.

CONSULTATION:

There has been consultation with the Scotts Head Reserve Trust and the Scripture Family Mission.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

There are no social implications.

Economic

There are no economic implications.

Risk

There is unlikely to be any insurance risk, however to be sure it is recommended that Council cite the Scripture Union Family Mission public liability insurance with Council to be noted as an interested party.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There are no financial implications.

Source of fund and any variance to working funds

There is no impact on working funds.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 April 2009

Director Environment & Planning's Report

ITEM 10.1 SF1075 160409 Report on NSW Government Policy Statement on Sea Level Rise

AUTHOR/ENQUIRIES: Greg Meyers, Director Environment and Planning

Summary:

The NSW Government released their Draft Policy Statement on Sea Level Rise on 24 February 2009 (attached), which sought comment from Council's, agencies and the public by 3 April 2009.

The Draft Policy has adopted the projected rise for the NSW Coastline of up to 40cm to 2050, and 90cm to 2100 on the 1990 mean sea levels.

A Technical Note has also been issued with the Draft Policy Statement which supports and provides the Scientific Basis for the 2009 sea level benchmark projected sea level rise (attached), as well, the king tide event on 12 January 2009 was also referenced by DECC in their letter to Council, which is also attached.

Council has sought advice from its Insurers in regard to the Draft Policy Statement and is also attached.

A response was sent in regard to the Draft Policy Statement in response to the 4 specific questions raised with a request for an extension of time as the matter is not being submitted to Council until 16 April 2009.

Recommendation:

1 That Council note the initial submission submitted by the Director Environment and Planning.

2 That Council adopt the predicted sea level rise of 40cm to 2050 and 90cm to 2100 for all landuse planning and infrastructure design and investment as outlined in the NSW Draft Policy Statement on Sea Level Rise.

3 That Council pursue both State and Federal Governments for financial and technical assistance to assist Council in managing potential impacts due to sea level rise and review of its flood inundation maps and data.

4 That Council seek a legal opinion on how it should advise the effect or impact of the NSW State Government Policy Statement on Sea Level Rise under Question 7 on a Planning Certificate (S149) where Council has limited information on land that may be affected by a sea level rise of 40cm to 2050 and 90cm to 2100.

OPTIONS:

1 There are no real options available to Council in regard to its statutory or risk management responsibilities.

2 Council could choose not to adopt the predicted sea level rise out outlined in the NSW Draft Policy Statement on Sea Level Rise.

3 Council could choose to make a further submission in regard to the draft Policy Statement and if so, identify the issues to be included in the submission.

4 Council could choose to take stronger action in its pursuit for financial assistance through the State and Federal Governments.

DISCUSSION:

After considerable pressure and requests for guidance, the NSW Government through the Department of Environment and Climate Change have issued a Draft Policy Statement on Sea Level Rise which is accompanied by a Draft Technical Note which provides support for the Draft Policy Statement.

Advice was received in late February of the Draft's release and requests for comments by 5.00 pm 3 April 2009. A response was prepared and is attached for Councillors information. It being noted that a request for an extension of time to enable Council to consider the matter, the response from Council's insurer and the timing of Council meetings was sought.

Based on advice from the Intergovernmental Panel on Climate Change and CSIRO reports, the NSW Government have endorsed the projected sea level rise (relative to 1990 mean sea levels) for land use planning and coastal investment decision-making of up to 40cm to 2050, and 90cm to 2100, for the NSW Coastline.

In the letter of advice regarding the Draft Policy Statement from the DECC it states "the draft Policy Statement includes sea level planning benchmarks which have been developed to support consistent consideration of sea level rise in land use planning and coastal investment decision-making….. These benchmarks represent the Government's guidance on sea level rise projections for use in decision-making and are not regulatory standards"

After considering the statements above by DECC that the identified sea level rise is for guidance not a regulatory standard, Council sought advice from Statewide as to how they and the insurance industry generally will deal with the Policy Statement.

Statewide provided advice which in essence suggests, now that a standard albeit in the form of a "guideline" has been released, creates considerable exposure for Local Government, in regard to loss of its infrastructure and its exposure to professional indemnity claims arising from DA and BA approval issues…

Until now there has been no legislative protection for Councils because no guidelines had been set, as to the level above which a building might be approved, and on which Council would be able to rely in the approval, process…

Any future building approval which does not take these projections into account may render the approving authority liable for breach of professional indemnity…

Council is now in a position where it cannot ignore the Governments projections…

With the release of the NSW State Government Draft Policy Statement on Sea Level Rise and the advice from Statewide, it is important that Council embrace the predicted sea level rise of up to 40cm to 2050 and 90cm to 2100 in all its strategic and statutory land use planning considerations and decision making processes as well as for the design and investment in coastal and estuarine infrastructure.

As Council would be aware, Section 149 Certificates (zoning/planning certificates) require Council to indicate known risks associated with land. With the release of the Draft Policy Statement on Sea Level Rise which provides a planning benchmark of 40cm (2050) and 90cm (2100) sea level rise, Council is required to identify the land which may be impacted upon and state this on the Certificate.

However, the limited information that Council has on the impacts and the areas which are likely to be affected due to sea level rise, is of concern as Council is not in a position to clearly identify encumbered land forcing Council to apply the precautionary principle in its response to this specific question on the Section 149 Certificate. It is also likely to impose a considerable cost onto any person proposing development within or adjacent to the coastal strip, foreshore, riverine of floodplain areas of the shire as they will be required to identify the sea level rise impact.

Advice to hand suggests that it is not a simple addition of 40cm or 90cm to existing flood planning levels to determine new areas of inundation or areas likely to be affected. New modelling is required for all current flood studies and modelling that has been done due to the impact of both sea level rise, sea surge and rainfall. The costs associated with such work is estimated to be $200,000 - $300,000 for both the Deep Creek estuary and the Nambucca River and its estuaries. It is suggested that Council seek financial assistance from both or either State and Federal Governments under their relevant floodplain, estuary and coastal funding programs.

CONSULTATION:

General Manager

Statewide

SUSTAINABILITY ASSESSMENT:

Environment

Climate Change and its associated natural processes and occurrences including Sea Level Rise is well documented and accepted throughout the world. The release of a Policy Statement provides Council's and the community clear guidance to minimise these environmental impacts on the natural, built and human environments.

The sea level rise planning benchmark will assist Council in its future identification of areas considered vulnerable or at risk to inundation, such as floodplains, estuarine habitats, salt marshes and possible increases in salinity levels in fresh water wetlands and swamps.

Social

The Policy Statement provides some guidance, knowledge and protection for the community with the identification of predicted sea level rises over the next 50 and 100 years. Especially areas used by the public (foreshore or riverine open space areas), public infrastructure as well as private property.

Economic

The impact of sea level rise on current infrastructure and property (public and private) will have significant economic impact for all levels of government and the community. A much greater impact however, will occur by not embracing and planning for the predicted sea level rises.

Whilst the State Government offers funding through its Coastal, Estuary and Floodplain Management Programs to assist Councils, it is normally on a 1:1 (State:Council) basis or at best 2:1 for Flood Studies.

Risk

The risks associated with Climate Change generally, and specifically with increase in sea levels are enormous. Local Government has been seeking direction from the State Government on planning levels or benchmarks for predicted sea level rise and now that it has been provided the risk of not embracing and planning for sea level rise will place Council in an uninsurable position as outlined by Statewide.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There will be both a direct and indirect impact on Council's budget associated with the implementation of the Policy Statement on Sea Level Rise.

The direct impact will be associated with funds required to contribute to any new modelling required to determine the impact sea level rise may have on land and infrastructure in the Shire.

The indirect impact will be associated with staff time for consideration of land that may be affected by sea level rise prior to Council obtaining any additional and updated data.

Source of fund and any variance to working funds

The source of funds can only be provided through General Fund or from the Environmental levy.

Attachments:

1View	7739/2009 - Comments on NSW Government Draft Policy Statement on Sea Level Rise
2View	7753/2009 - Draft Policy Statement on Sea Level Rise
3View	8208/2009 - Advice from Statewide

Ordinary Council Meeting - 16 April 2009 Report on NSW Government Policy Statement on Sea Level Rise

Attachment 1 7739/2009 - Comments on NSW Government Draft Policy Statement on Sea Level Rise

Enquiries to: Mr Meyers

Phone: 02 6568 0229

Our Ref: SF1075

26 March 2009

ATTENTION: Mr Andrew Barron

Draft Sea level Rise Policy Consultation

Urban and Coastal Water Reform Branch

Department of Environment and Climate Change

PO Box A290

SYDNEY SOUTH NSW 1232

andrew.baron@environment.nsw.gov.au

Dear Mr Barron

NSW GOVERNMENT DRAFT POLICY STATEMENT ON SEA LEVEL RISE

I refer to the Draft Policy Statement apparently on exhibition, and wish to make the following comments in regard to the four specific questions raised in the DECC letter dated 24 February 2009.

1 Council does not have any comment in regard to the benchmarks derived from the reports as the 40cm to 2050, and 90cm to 2100 are well-documented and accepted predicted sea level rises.

2 Council has previously resolved to seek a direction from the Minister of Planning in regard to specific regulatory standards or levels to provide certainty for Councils, landowners and the development industry on clear no go zones likely to be affected by sea level rise. The Draft Policy Statement clearly identifies they are guidelines only and are not regulatory standards which continue to provide some uncertainty as to the strength of the predicted sea level rises.

3 Further to 2 above, Council considers that the 40cm and 90cm predicted sea level rises should be regulatory standards and not guidelines. Nambucca Shire Council is one of a number of smaller coastal rural Councils who do not have up-to-date and state-of-the-art geographic information systems (GIS) and LIDAR survey data that can be used to predict and assist Council in identifying areas affected by sea level rise and increased flooding over the floodplains of the Nambucca Shire.

In addition, guidance is sought with the wording on Section 149 Zoning Certificates to identify the Policy Statement on Sea Level Rise and the predicted 40cm and 90cm rises.

Ordinary Council Meeting - 16 April 2009 Report on NSW Government Policy Statement on Sea Level Rise

Attachment 1 7739/2009 - Comments on NSW Government Draft Policy Statement on Sea Level Rise

2

Department of Environment and Climate Change

26 March 2009

SF1075

4 Nambucca Shire has sought advice from its Insurance Brokers Statewide, as to their interpretation and application of the identified sea level rises outlined in the Draft Policy Statement, to assist Council further with its duty of care, design and investment with its infrastructure and wording on its 149 Certificates as mentioned above.

A report is to be prepared for Council’s consideration at its Ordinary Meeting of 16 April 2009 as we have been awaiting the response from Statewide. I therefore request that Council be afforded an opportunity to lodge a further submission on Friday 17 April 2009 should Council resolve to add to this submission.

Should you require further information concerning the above please contact the undersigned on 02 6568 0229.

Yours faithfully

G Meyers

DIRECTOR ENVIRONMENT AND PLANNING

GM:bs

Ordinary Council Meeting - 16 April 2009 Report on NSW Government Policy Statement on Sea Level Rise

Attachment 2 7753/2009 - Draft Policy Statement on Sea Level Rise

Ordinary Council Meeting - 16 April 2009 Report on NSW Government Policy Statement on Sea Level Rise

Attachment 3 8208/2009 - Advice from Statewide

Ordinary Council Meeting

16 April 2009

Director Environment & Planning's Report

ITEM 10.2 SF1261 160409 Outstanding DA's >12 months and applications where submissions received and not determined 7 April 2009

AUTHOR/ENQUIRIES: Barbara Sadler, Executive Assistant

Summary:

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).

Table 2 are development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

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

Recommendation:

1 That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

2 That the applications where submissions have been received be noted and received for information by Council.

OPTIONS:

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

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE: 0

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

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION	SUBMISSIONS RECEIVED/STAFF COMMENTS
2008/267	24/06/08	Proposed Industrial complex for manufacturing buses and ancillary facilities, including manager’s residence and workers cottages.	Lot 1046 DP 826440, Harrimans Lane, Macksville	§ Several submissions have been received objecting to the development as not being suitable for this location as it is not zoned for industrial use and there is residential land surround the proposed area (which is zoned rural) § Flooding issues § Residential amenity will be affected by light industrial use of the land including visual impact § Perceived lowering of values of land 26/08/08 Advice from applicant additional information to be submitted by the end of October. 27/10/08 Extension given until 17/11/08 to provide information to Council

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION	SUBMISSIONS RECEIVED/STAFF COMMENTS
				Following receipt of information and assessment by Council staff a report will be prepared for Council’s determination of the application Information is still outstanding - 21/11/08 7 Day letter sent Applicant requested extension of time to provide the outstanding information. Extension granted until 30 January 2009 A report was presented to Council’s Meeting of 19 February 2009 where Council resolved to allow a period of 3 months to provide further information to Council 27/02/09 Letter sent to applicant advising of 3 month extension to provide further information
2009/045	13/10/08	Rural Boundary Adjustment 7 lots to 3 lots	Lots 5,7,& 9 729466, Lots 1 & 2 DP 114790, Port 198 DP 755564 & Lot 1 DP 184908, 181 North Bank Road, Yarranbella	§ Concerns with traffic on Whip Mountain Road 23/10/08 Letter to applicant advising of further information required, preliminary assessment of banana contamination and vehicular access. 24/10/08 Referrals sent to DW&E, RFS, LALC. 19/11/08 Advice that soil testing is now in progress Awaiting results of testing 11/12/08 RFS conditions of consent received Application likely to be dealt with by end of March 2009 09/03/09 7 day letter sent requesting outstanding information 24/03/09 Information not received. Application was to be REFUSED, however - 26/03/09 Outstanding information received – this is to be referred to the H&B Surveyors for comment Application likely to be dealt with by late-April
2009/087	05/01/2009	67 Lot Residential Subdivision	Lot 3 DP 241032, Lots 1 & 5 DP 248870 & Lots 1 & 2 DP 377306, Upper Warrell Creek Road	§ Request for pedestrian and buggy access to remain 16/01/09 Letter sent to applicant re addition information re noise, bus services, Aboriginal Cultural Heritage, pedestrian and cycleway networks 10/02/09 Applicant requests extension for submission of noise report Extension granted until 9 March 2009 9/03/09 7 Day letter sent requesting outstanding information to be submitted 18/03/09 Noise report submitted Application being assessed.
2009/113	17/02/2009	4 Lot Rural-Residential Subdivision	Lot 4 DP 1076959, Rhones Creek Road, Congarinni	§ No objection to submission but would like Smith’s Lane maintenance addressed Submissions close 27 March 2009 DES to consider road upgrade requirements Application likely to be dealt with by end April

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION	SUBMISSIONS RECEIVED/STAFF COMMENTS
2009/115	18/02/2009	4 Lot Rural-Residential Subdivision	Lot 21 DP 605564,26 Wards Road, Utungun	§ Concern with the upkeep of Wards Road and dust impacts – previous requirement was to seal the road. § Concerns with impact of sewerage for Lot 1, on their property Submissions close 27 March 2009 DES to consider road upgrade requirements Application likely to be dealt with by end April
2009/119	20/02/2009	4 Lot Rural-Residential Subdivision	Lot 82 DP 755537, 82 Smiths Lane, Congarinni	§ No objection to submission but would like Smith’s Lane maintenance addressed Submissions close 27 March 2009 DES to consider road upgrade requirements Application likely to be dealt with by end April
2009/125	24/02/2009	Dwelling-House	Lot 3 DP 24147, 57 Valla Beach Road, Valla Beach	§ Privacy issue with downstairs windows and roof drainage. 9/03/09 Additional information being sought from applicant. Application likely to be determined by end of April.
2009/127	25/02/2009	Restaurant (McDonalds)	Lots 1-3 DP 245995 & Lot 25 DP 758085, 14-16 Pacific Highway, Nambucca Heads	§ No Explanation – Stating No Support Of Mac’s § Support for McDonalds § Stated hours of operation § Noise and odour generation § Potential harmful fumes from the highway § Potential disturbing behaviour of patrons § Impact of signage and headlights § Waste packing § Loss of privacy and devalue of property 11/03/09 Letter to applicant requesting submission of additional information relating to: - noise impacts resulting from drive through - relocation of drainage easement - RTA’s concerns re access/intersection/parking
2009/128	25/02/2009	2 Lot Rural-Residential Subdivision plus Residue	Lot 10 DP 1033603, Scotts Head Road, Way Way	§ Issues with the removal of native bushland, placement of building envelope and rainwater run off § Access is a high hazard floodway § 7B Wetlands vulnerability to be considered § Believes has area of threatened species § An established WIRES Wallaby rehabilitation and release program area could be jeopardised § Concerns re bushfire hazard protection and dwelling envelopes 01/04/09 Application referred to Department of Natural Resources for undertaking of creek crossing

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION	SUBMISSIONS RECEIVED/STAFF COMMENTS
2009/141	12/03/2009	Dwelling -House	Lot 74 DP 1099538, 52 Seaforth Drive, Valla Beach	§ Concerns with stormwater run off and privacy. Submission being reviewed. Application to be determined by end of April

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 April 2009

Director Environment & Planning's Report

ITEM 10.3 SF1261 160409 DA's and CDC's Received and Determined under Delegated Authority to 7 April 2009

AUTHOR/ENQUIRIES: Barbara Sadler, Executive Assistant

Summary:

For Council’s information, below are listed Development Applications and Complying Development Applications received by Council and applications determined under Delegated Authority.

Recommendation:

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

OPTIONS:

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENT APPLICATIONS RECEIVED
11 MARCH 2009-7 APRIL 2009

DA Number	Application Date	Development	Address
2009/140	11/03/2009	Rural Shed	Lots 205 & 206 DP 755549, 18 Spokes Street, Bowraville
2009/141	12/03/2009	Dwelling -House	Lot 74 DP 1099538, 52 Seaforth Drive, Valla Beach
2009/142	13/03/2009	Carport	Lot 1072 DP 1120105, 142 East West Road, Valla
2009/143	16/03/2009	2 Lot Residential Subdivision	Lot 1 DP 417248, 3 Banksia Crescent, Scotts Head
2009/144	17/03/2009	Dwelling-House Stages 1 & 2	Lot 107 DP 1128126, Pickett Hill Close, Valla
2009/145	18/03/2009	Shed	Lot 271 DP 835021, Florence Wilmont Drive, Nambucca Heads
2009/146	19/03/2009	Replace Deck	Lot 95 DP 248782, 15 Nambucca Street, Nambucca Heads
2009/147	23/02/2009	Relocation of Existing Dwelling-House	Lot 1 DP 575759, 4 Kosekai Road, Yarranbella
2009/148	24/03/2009	Home Activity - Bus Storage	Lot 35 DP 755547, 3103 Taylors Arm Road, Upper Taylors Arm
2009/149	25/03/2009	Dwelling-House and Shed	Lot 2 DP 1093413, Sullivans Road, Valla
2009/150	27/03/2009	Additions to existing dwelling	Lot 3 DP 548827, 14 Matthew Street, Scotts Head
2009/151	31/03/2009	Repairs to Existing Pool and Addition of Wading Pool and Shade Sails	Lots 11 & 12 DP 245262, 143 Nursery Road, Macksville
2009/153	06/04/2009	Alterations to Supermarket	Lot 7 DP 664103, 76 High Street, Bowraville
2009/624	31/03/2009	Patio Awning	Lot 14 DP 1134320, 13 Thornbill Glen, Nambucca Heads

Note: Complying Development Applications have a suffix starting with “6” ie 2009/601

DEVELOPMENT APPLICATIONS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 7 APRIL 2009

CONSENT/ DA	PROPERTY DESCRIPTION	DEVELOPMENT DETERMINED	EST VALUE $
2009/094	Lot 1 DP 780093, 5 George Street, Bowraville	Continued Use of Above Ground Swimming Pool	0
2008/147/01	Lot 71 DP 239693, 26 Hibiscus Way, Scotts Head	Dwelling Additions Modification	55,000
BA 92/189/01	Lot 100 DP 755562, 29 Brushbox Road, Eungai Rail	Dwelling-House and Garage Modification	46,200
2009/067	Lot 145 DP 1072154, 20 Railway Road, Nambucca Heads	Erection of Industrial Shed and Excavation of Site	700,000
2009/097	Lot 1 DP 1063716, 1 Back Street, Nambucca Heads	Internal Refurbishment of Supermarket	1,980,000
2009/107	Lot 8 Section 3 DP 758749, 55 Charlton Street, Nambucca Heads	Remove and replace existing garage	16,000
2009/076	Lots 10, 11 & 12 DP 248561, 17, 19 & 21 Yarrawonga Street, Macksville	Three Lot Industrial Boundary Adjustment	0
2009/091	Lots 1 & 19 DP 1099448, Upper Warrell Creek Road, Congarinni	2 Lot Rural Boundary Adjustment	0
2009/092	Lot 88 DP 755537, 27 Coulters Road, Talarm	2 Lot Rural Subdivision	0
2009/122	Lot 9 Section 2 DP 758916, 1 Briner Street, Macksville	Additions	20,000
2009/103	Lot 11 DP 1070974, 114 Main Street, Eungai Creek	Double Garage and Carport	7,000
2009/142	Lot 1072 DP 1120105, 142 East West Road, Valla	Carport	6,800
2009/114	Lot 2 DP 1046366, 19 Alfred Close, Nambucca Heads	Shed	40,000
2009/111	Lots 1& 2 DP 245995 & Lot 25 Section 1 DP 758085, 14-16 Pacific Highway, Nambucca Heads	Demolition of Motel, Shed & Fencing	30,000
2009/090	Lot 1422 DP 600907, 69 Wirrimbi Road, Newee Creek	3 Lot Rural-Residential Subdivision	0
2009/079	Lot B DP 340974 & Lots 5 & 5 Section B DP 60475, 2-4 Wallace Street, Macksville	Alterations and Additions to Hotel to create an enclosed poker machine area and an open smoking area	45,000
2008/138/01	Lot 67 DP 1099538, 53 Seaforth Drive, Valla Beach	Dual Occupancy Units Modification	300,000
2009/131	Lot 1072 DP 1120105, 142 East West Road, Valla	Carports	15,783
2009/099	Lot 7 DP 867138, 22 Alexandra Drive, Nambucca Heads	Dwelling Additions	48,000
2009/105	Lot 4 DP 1063717, 11 Gannet Drive, Scotts Head	Detached Dual Occupancy and 2 Lot Residential Subdivision	320,000

CONSENT/ DA	PROPERTY DESCRIPTION	DEVELOPMENT DETERMINED	EST VALUE $
2009/146	Lot 95 DP 248782, 15 Nambucca Street, Nambucca Heads	Replace Existing Deck	11,500
2004/014/03	Lot 7 Section 41 DP 758749, 61 Charlton Street, Nambucca Heads	Residential Flat Building Modification	375,000
2009/130	Lot 2 DP 515483, 4 West Street, Nambucca Heads	Dwelling Alterations	80,000
2008/261/01	Lot 3 DP 1078511, Range Road, Valla	Dwelling-House Modification	650,000
2008/183/01	Lot 25 DP 1049360, Charles Place, Nambucca Heads	Dwelling-House and Shed Modification	300,000
2005/001/03	Lot 304 DP 836989, Preston Drive, Macksville	20 Lot Residential Subdivision – Staged Modification	0
2003/399/02	Lot 22 DP 1063717 (formerly Lot 29 DP 1048659, Scotts Head Road, Scotts Head	22 Lot Residential Subdivision, 1 Public Reserve Lot, 1 Residual Lot and construction of a road Modification	0
2009/129	Lot 6 DP 30838, 209 Wallace Street, Macksville	Carport	6,400
2009/117	Lot 2 DP 1090410, 72 O’Dells Road, Warrell Creek	Dwelling	180,451
2009/104	Lot 7002 DP 1054231, Bellwood Park, Riverside Drive, Nambucca Heads	Commence Kayak Hire Business and Erect Shade Sail	0
2009/136	Lot 62 DP 1058432, 189 Florence Wilmont Drive, Nambucca Heads	Garage and Water Tank	23,000
2009/109	Lot 93 DP 1099538, 62-64 Seaforth Drive, Valla	2 Lot Residential Subdivision	0
2009/110	Lot 94 DP 1099538, 66-68 Seaforth Drive, Valla	2 Lot Residential Subdivision	0

COMPLYING DEVELOPMENT

CD NO	PROPERTY DESCRIPTION	DEVELOPMENT APPROVED
2009/623	Lot 15 DP 848475, 26 Boulton Close, Gumma	Rural Shed
2009/624	Lot 14 DP 1134320, 13 Thornbill Glen, Nambucca Heads	Patio Awning

Attachments:

There are no attachments for this report.

Ordinary Council Meeting

16 April 2009

Director Environment & Planning's Report

ITEM 10.4 SF1261 160409 DEP Applications and Statistical Reports July 2008-March 2009, 2002-2009 and Certificates Received 2004-2009

AUTHOR/ENQUIRIES: Barbara Sadler, Executive Assistant

Summary:

Environment and Planning Department Development Application statistics for the financial year 2008-2009 compared with 2007-2008 and Certificate Applications received and determined, are provided in the body of the report.

Recommendation:

1 That Council note development application statistics and processing times for July 2008-March 2009 compared with July 2007-March 2008.

2 That Council note development application statistics and processing times for the years 2002 to 2009.

3 That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2008-31 March 2009.

4 That Council note the statistical information for Certificates received by Council for 2004-2009.

Development Application Statistics

The figures show a 31.25% decrease in the number of DA’s received for July 2008-March 2009 with construction costs decreasing by 11.67% compared to the same period in 2007/2008. The total number of DA’s/CD’s approved for the month of March was 27 plus 9 modifications.

DA’S AND COMPLYING DEVELOPMENT

	Construction Costs	No Applications Received	Applications Approved (DA & CC)
July 2007-March 2008	$47,433,947	231	216
July 2008-March 2009	$42,477,649	176	159

FINANCIAL:

Direct and indirect impact on current and future budgets

The above comparisons will be considered in the next quarterly budget review to identify what impact the development application numbers will have on our projected income.

Source of fund and any variance to working funds

An average income is estimated at the start of each budget year and is reviewed at each quarterly review.

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2009
Month	Mean Time	Median	#Average age of DA’s (Days)
			Average	Highest	Lowest
January	41.75	40	51	83	32
February	90.00	54	165.1	575	17
March	36.27	33	51.70	140	3

#Average age of DA’s

The average age of all DA’s for the month is derived from the total number of days from when the applications were lodged with Council until determined. This average is provided for information as many applications required additional information by Council and/or other Government Agencies to enable them to be processed (ie Stop Clock applied).

COMPLYING DEVELOPMENTS RECEIVED

YEAR	Jan	Feb	Mar	Apr	May	June	July	Aug	Sept	Oct	Nov	Dec	Total
2007 Private Cert	5	3	4	1	2	4	4	3	5	4	6	1	42
2007 Council	0	3	3	1	3	4	7	0	1	2	6	3	33
2008 Private Cert	0	3	1	4	6	2	6	4	2	2	6	6	44
2008 Council	2	2	2	3	2	5	2	2	2	7	1	3	33
2009 Private Cert	3	7	6										16
2009 Council	1	3	2										6

CONVEYANCING CERTIFICATES ISSUED

YTD (March)	Drainage Diagrams	Section 149 Certs	Outstanding Notices
2004	87	258	74
2005	93	199	46
2006	75	179	56
2007	70	215	51
2008	81	187	59
2009	57	196	49

OCCUPATION CERTIFICATES RELEASED

YEAR