NAMBUCCA SHIRE COUNCIL
ORDINARY
COUNCIL MEETING - 16 APRIL 2009
Acknowledgement of
Country (
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 (
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
AGENDA Page
1 APOLOGIES
2 PRAYER
3 DISCLOSURE OF INTEREST
4 CONFIRMATION OF MINUTES — Ordinary
Council Meeting - 2 April 2009
5.1 Notice of Motion -
Superannuation
5.2 Notice of Motion - Building
in Flood Prone Areas
5.3 Notice of Motion -
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
9.1 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
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
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,
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.
16
April 2009 |
Notice of Motion
ITEM 5.1 SF1269 160409 Notice of Motion - Superannuation
AUTHOR/ENQUIRIES: Michael Moran OAM, Councillor
Summary: Not provided. |
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.
There are no
attachments for this report.
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. |
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
There are no
attachments for this report.
16
April 2009 |
Notice of Motion
ITEM 5.3 SF1269 160409 Notice of Motion -
AUTHOR/ENQUIRIES: Michael Moran OAM, Councillor
Summary: 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? |
That Council ascertain whether residential development can be stopped
in |
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
There are no
attachments for this report.
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 |
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
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
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
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
There are no
attachments for this report.
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 |
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 |
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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. |
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JULY 2008 |
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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. |
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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. |
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4 |
Item
11.4 |
03/07/08 |
That a new plan of management
be prepared for Farringdon Playing Fields |
DES |
Funding declined. Work on preparing plan to be scheduled. Interested parties will need to identify
potential uses for inclusion in revised plan of management. |
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OCTOBER 2008 |
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5 |
RF256 |
16/10/08 |
Notice of
Motion - Riverbank Erosion - |
DES |
Subject to GHD undertaking evaluation. Three separate assessments underway: 1 GHD comment: Riverside Drive Bank Stability: Drilling carried out November
08 at Report for Jason Cottages due
by 3 April 2009. Additional clearing
and survey required for 2 GHD comment: 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. |
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NOVEMBER
2008 |
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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. |
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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 |
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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 |
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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. |
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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. |
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DECEMBER 2008 |
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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. |
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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. |
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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. |
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16 |
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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 |
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17 |
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18/12/08 |
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. |
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20 |
SF639 |
18/12/08 |
Council consider the
appointment of an Asset Manager in its budget for 2009/10. |
GM |
Report May 2009 |
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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. |
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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. |
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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. |
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JANUARY 2009 |
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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. |
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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 |
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29 |
PRF53 |
15/01/09 |
Preparation of landscape
design for |
DES |
Quotations being sought. Late March. Deferred to May 2009. |
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30 |
PRF53 |
15/01/09 |
Council investigate a grant to
provide a boardwalk from Macksville CBD along |
DES |
Referred to Grants Officer. Likely to be an issue with property owners
who have direct access to Views of residents in |
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31 |
PRF53 |
15/01/09 |
DES to enquire with Department
of Public Works about opportunities to remove or refurbish the river gauging
station in |
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. |
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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 |
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. |
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FEBRUARY 2009 |
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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. |
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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 |
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35 |
SF869 |
19/02/09 |
Council write to Country
Energy concerning energy being wasted with street lighting at the Pearl
Estate off the |
DES |
Letter sent seeking change to Council
determining when street lights in new subdivisions are energised. No response as at 24 March 2009. |
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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. |
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MARCH 2009 |
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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. |
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38 |
DA09/049 |
5/03/09 |
The RTA be requested to revise
the speed limit along the |
DES |
Letter sent. No response as
at 24 March 2009. |
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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 |
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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. |
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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. |
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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. |
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43 |
SF1269 |
19/03/09 |
Section 94 Plan for the |
GM |
DES has engaged
RoadNet to prepare a report on required infrastructure and cost. Report May
2009. |
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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. |
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45 |
SF791 |
19/03/09 |
Proposed sale of old |
GM |
Report to next Land
Development Committee meeting. |
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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. |
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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. |
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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. |
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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. |
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APRIL 2009 |
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50 |
PRF11 |
2/04/09 |
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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. |
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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 |
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16
April 2009 |
General Manager's Report
ITEM 9.2 SF42 160409 Local Government Filming Protocol
AUTHOR/ENQUIRIES:
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. |
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.
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. |
1 That Council endorse the Committee of
Management for the 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
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.
There are no
attachments for this report.
16
April 2009 |
General Manager's Report
ITEM 9.4 SF1321 160409 Commercial Release of Genetically Modified Rose
AUTHOR/ENQUIRIES:
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 |
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
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.
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 |
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. |
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
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
Our
‘The
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---
16 April
2009 |
General Manager's Report
ITEM 9.6 PRF10 160409 Using of a Section of the
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. |
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
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.
There are no
attachments for this report.
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. |
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
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.
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
Urban and Coastal Water
Reform Branch
Department of Environment
and Climate Change
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 |
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. |
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. |
|
§ 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. |
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 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
& |
§ Concerns with traffic on 23/10/08
Letter to applicant advising of further information required, preliminary
assessment of banana contamination and vehicular access. 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 |
2009/087 |
05/01/2009 |
67 |
Lot 3 DP 241032, Lots 1 & 5 DP 248870 & Lots 1 & 2 DP
377306, |
§ 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 18/03/09 Noise
report submitted Application being assessed. |
2009/113 |
17/02/2009 |
4 |
Lot 4 DP 1076959, |
§ 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 21 DP 605564, |
§ Concern with
the upkeep of § Concerns with impact of sewerage for 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 82 DP 755537, |
§ 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, |
§ 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 & |
§ 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: |
2009/128 |
25/02/2009 |
2 |
Lot 10 DP 1033603, |
§ 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, |
§ Concerns with
stormwater run off and privacy. Submission
being reviewed. Application
to be determined by end of April |
There are no attachments for this report.
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. |
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, |
2009/141 |
12/03/2009 |
Dwelling -House |
Lot 74 DP 1099538, |
2009/142 |
13/03/2009 |
Carport |
|
2009/143 |
16/03/2009 |
2 |
Lot 1 DP 417248, |
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, |
2009/146 |
19/03/2009 |
Replace Deck |
Lot 95 DP 248782, |
2009/147 |
23/02/2009 |
Relocation of Existing Dwelling-House |
Lot 1 DP 575759, |
2009/148 |
24/03/2009 |
Home Activity - Bus Storage |
Lot 35 DP 755547, |
2009/149 |
25/03/2009 |
Dwelling-House and Shed |
Lot 2 DP 1093413, |
2009/150 |
27/03/2009 |
Additions to existing
dwelling |
Lot 3 DP 548827, |
2009/151 |
31/03/2009 |
Repairs to Existing Pool
and Addition of Wading Pool and Shade Sails |
Lots 11 & 12 DP
245262, |
2009/153 |
06/04/2009 |
Alterations to Supermarket |
Lot 7 DP 664103, |
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, |
Continued Use of Above Ground Swimming Pool |
0 |
2008/147/01 |
Lot 71 DP 239693, |
Dwelling
Additions Modification |
55,000 |
BA 92/189/01 |
Lot 100 DP
755562, |
Dwelling-House
and Garage Modification |
46,200 |
2009/067 |
Lot 145 DP 1072154,
|
Erection of
Industrial Shed and Excavation of Site |
700,000 |
2009/097 |
Lot 1 DP
1063716, |
Internal
Refurbishment of Supermarket |
1,980,000 |
2009/107 |
|
Remove and
replace existing garage |
16,000 |
2009/076 |
Lots 10, 11
& 12 DP 248561, 17, 19 & |
Three |
0 |
2009/091 |
Lots 1 &
19 DP 1099448, |
2 |
0 |
2009/092 |
Lot 88 DP
755537, |
2 |
0 |
2009/122 |
|
Additions
|
20,000 |
2009/103 |
Lot 11 DP
1070974, |
Double Garage
and Carport |
7,000 |
2009/142 |
|
Carport |
6,800 |
2009/114 |
Lot 2 DP 1046366, 19 Alfred Close, Nambucca Heads |
Shed |
40,000 |
2009/111 |
Lots 1& 2 DP 245995 & |
Demolition of Motel, Shed & Fencing |
30,000 |
2009/090 |
|
3 |
0 |
2009/079 |
|
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, |
Dual
Occupancy Units Modification |
300,000 |
2009/131 |
|
Carports |
15,783 |
2009/099 |
Lot 7 DP
867138, |
Dwelling
Additions |
48,000 |
2009/105 |
Lot 4 DP
1063717, |
Detached Dual
Occupancy and 2 |
320,000 |
CONSENT/ DA |
PROPERTY DESCRIPTION |
DEVELOPMENT DETERMINED |
EST
VALUE $ |
2009/146 |
Lot 95 DP
248782, |
Replace
Existing Deck |
11,500 |
2004/014/03 |
|
Residential |
375,000 |
2009/130 |
Lot 2 DP 515483, |
Dwelling Alterations |
80,000 |
2008/261/01 |
Lot 3 DP 1078511, |
Dwelling-House Modification |
650,000 |
2008/183/01 |
Lot 25 DP 1049360, |
Dwelling-House and Shed Modification |
300,000 |
2005/001/03 |
Lot 304 DP 836989, |
20 |
0 |
2003/399/02 |
Lot 22 DP 1063717 (formerly Lot 29 DP 1048659, |
22 Lot Residential Subdivision, 1 Public
Reserve Lot, 1 Residual |
0 |
2009/129 |
Lot 6 DP 30838, |
Carport |
6,400 |
2009/117 |
Lot 2 DP 1090410, |
Dwelling |
180,451 |
2009/104 |
Lot 7002 DP 1054231, |
Commence Kayak Hire Business and Erect
Shade Sail |
0 |
2009/136 |
Lot 62 DP 1058432, |
Garage and Water Tank |
23,000 |
2009/109 |
Lot 93 DP 1099538, |
2 |
0 |
2009/110 |
Lot 94 DP 1099538, |
2 |
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 |
There are no
attachments for this report.
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. |
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) |
$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 |