General Purpose Committee


MINUTES OF THE General Purpose Committee HELD ON 15 July 2009




Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson

Cr Paula Flack

Cr Mike Moran OAM

Cr Anne Smyth

Cr Elaine South






Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)




General Purpose Committee




There were no disclosures of interest.











That the following delegations be heard:


Report on Exhibition of Draft DCP 3 - Residential Development

(i)       Mr Jock Palmer on behalf of applicant sought retention of 12 m for the Jaaning Tree Restaurant site.


Proposed Road link between Alexandra Drive and Marshall Way, Nambucca Heads

(i)       Ms Leanne Boatfield—Objector—advised that she represented residents of Palmwood Estate and Marshall Way.  Advised that the link road was overwhelmingly opposed by both he Palmwood and Bellwood communities.

(ii)      Mr Stan Green—Objector—advised that residents were not opposed to development but were unanimous in objecting to the linking of the two communities of the proposed road.




Director Environment and Planning Report

ITEM 9.1      SF1150              150709      Report on Exhibition of Draft DCP 3 - Residential Development

Recommendation:      (Ainsworth/South)


1        That the 12 metre maximum height limit for the two strata plans at 1 Wellington Drive, Nambucca Heads be retained.


Note:  Cr Moran requested that his name be recorded against this recommendation because everybody hasn’t been given a fair go.


Recommendation:      (Court/Finlayson)


2          That Council adopt the DCP 3 - Residential Development, subject to the following amendments:


a        The preferred dwelling type maps be deleted from the DCP in order to avoid confusion with the permissible land uses under the LEP.

b        Amend the side boundary setback provisions for dwelling-houses to more accurately reflect those in the SEPP (Exempt and Complying Development Codes).

c        The deep soil zone for dwelling houses, dual occupancies, attached dwellings and multi-dwelling housing be amended to read 30%.


Recommendation:      (Court/Finlayson)


3          That Council notify all persons who made a submission to the draft DCP and advise that DCP 3 - Residential Development, was adopted by Council subject to the amendments identified in 1 above.






General Manager Report

ITEM 8.1      SF1090              150709      Department of Local Government - Assessment of Progress in Implementing Promoting Better Practice Review Report

Recommendation:      (Flack/Court)


1        That Council give public notice for 28 days of its intention to amend its policy on Payment of Expenses and Provision of Facilities for Councillors in accordance with the circularised amendments.


2        That following the public notice period, the draft amendment together with any submissions be referred back to Council for final consideration.


3        That Council proceed to establish an internal audit function comprised of an outsourced internal auditor and an internal audit committee comprised of the Mayor, and 2 independent members, at least one of which is to have financial expertise.  The internal audit function is to be established for an initial period of 2 years and be subject to review at the end of that period.


4        That Council seek expressions of interest from contractors to undertake the internal audit function and also for a locally based independent committee representative with financial expertise.


5        That the second independent committee representative be sought via a resource sharing alliance with either Kempsey or Bellingen Shire Council.


6        That the outcome of the requests for expressions of interest and resource sharing be reported to Council for determination.


7        That Council note the Department of Local Government’s review of its progress on the implementation of the recommendations of the Promoting Better Practice review report.


8        That Council again approach adjoining and nearby Councils to seek their interest in resource sharing for internal audit services.




ITEM 8.2      SF923                150709      New Community Infrastructure Program funding

Motion:      (Court/Ainsworth)


That Council identify the drainage of E J Biffin Playing Fields as the priority for the expenditure of the next round of community infrastructure program funding.


The motion was LOST.


Recommendation:      (Flack/Finlayson)


That Council defer the matter to the next General Purpose Committee meeting so that staff and Councillors can explore alternatives.  Alternatives are to be put forward with the view to spreading the benefit and are to be put to the Director Engineering Services within fourteen (14) days.






Director Engineering Services Report

ITEM 10.1    SF652                150709      Relocation of Men's Shed - Nambucca Valley Community Services Council Inc

Motion:      (Court/Ballangarry)


That Council proceed with negotiations at the Macksville Showground subject to the agreement of the Committee of Management as to a suitable location for the relocation of the Men’s Shed.


Amendment:       (Flack/Finlayson)


That the matter be deferred for an inspection and discussion with the Committee of Management as well as a report to consider other potential sites.


The amendment became the motion and it was:


Recommendation:      (Flack/Finlayson)


That the matter be deferred for an inspection and discussion with the Committee of Management as well as a report to consider other potential sites.



ITEM 10.2    SF544                150709      Proposed Road Link between Alexandra Drive and Marshall Way, Nambucca Heads

Motion:      (Flack/Court)


That Council defer the decision on the link road so as to confer with its Section 94 Officer regarding:


         a)       the possibility of inserting a clause in the Contribution Plan which would be activated in the

                   event of a condition being imposed requiring the construction of the link road

         b)       including a condition for contributions in the area north of the proposed link road.


The motion was WITHDRAWN.


Recommendation:      (Ainsworth/Finlayson)


That Council retain the inclusion of a link road between Alexandra Drive and Marshall Way, Nambucca Heads in the Bellwood Traffic Contribution Plan on the basis that it may be required for future traffic management and planned development of that precinct, pending the determination of the anticipated applications by the Minister for Planning.


Motion:      (Flack/Smyth)


That Council write to the Minister for Planning to explain Council’s situation in relation to the timing of the preparation of a revised Contribution Plan and the anticipated lodgement of major development applications and Council’s concern that it may be required to fund the link road.


The motion was LOST.


Recommendation:      (Flack/Smyth)


That Council write to the Minister for Planning drawing her attention to the strong community and Aboriginal Cultural objections to the proposed link road.


Recommendation:      (Flack/Smyth)


That the Minister for Planning be advised that Council is exploring options as to how the traffic issues raised by the community should be managed with regard to Section 94.


Recommendation:      (Flack/Smyth)


That Council staff seek advice from its Section 94 Coordinator and if necessary legal advice regarding the possibility of obtaining a contribution from subdivision in the Palmwoods Estate to be applied to the Bellwood Road intersection and other upgrading of Bellwood Road.







Note: Cr Finlayson left the meeting at 3.50 pm and did not return to the meeting.


ITEM 10.3    SF382                150709      Scotts Head Masterplan

Recommendation:      (Flack/Smyth)


That the matter be deferred for consideration between 4.00 pm and 5.00 pm on 16 July 2009.












There being no further business the Mayor then closed the meeting the time being 4.00 pm. 


Confirmed and signed by the Mayor on 16 July 2009.