NAMBUCCA SHIRE COUNCIL

 

General Purpose Committee - 16 June 2010

 

AMENDED AGENDA                                                                              Page

 

1        APOLOGIES

3        DISCLOSURE OF INTEREST

8        General Manager Report

8.1     Garden Plantings Nambucca Heads

8.2     Draft Management Plan 2010/2030 and Draft Budget and Revenue Policy 2010/2011

8.3     Warrell Creek to Urunga - Pacific Highway Upgrade - Flood Issues  

4        Director Environment and Planning Report

9.1     Report on Guidelines - Duty to Report Contamination Under the Contaminated Land Management Act 1997

9.2     DA 2010/114 - Report on Rural Industry (Winery) and Ancillary Facility (Cellar Door Sales Room)  

5        Director Engineering Services Report

10.1   Administration Building - Provision of Disabled Ramp in Council Chambers

10.2   Public Amenities Condition Report

10.3   Nambucca Heads Island Golf Course Bridge    

 

 

TIME

DESCRIPTION

WHERE

OS/CC

ITEM NO

PAGE

8.30-8.45

Report on Guidelines - Duty to report - Land Contamination

CC

9.1

22

8.45-9.15

Public Amenities Condition Report (With Presentation)

CC

10.2

45

9.15-9.30

Administration Building – Provision of Access Ramp

CC

10.1

40

9.30-10.15

Draft Management Plan 2010/30 & Draft Budget

& Revenue Policy 2010/11

Includes Delegations:

Ms Lil Ganly - Ganly's Gardeners

Ms Juliet Tilson – President 2NVR

Mr Ron Hawkins – Secretary 2NVR

 

CC

8.2

Includes

8.1

10

 

4

10.15-10.30

Morning Tea

CC

 

 

10.45-11.15

Nambucca Heads Island Golf Course – Bridge

ON-SITE

10.3

48

11.30-12.15

Warrell Creek to Urunga Upgrade of Pacific Highway

Flood Issues

Mr Bob Higgins, Roads and Traffic Authority

 

CC

8.3

17

12.15-12.45

Lunch

CC

 

 

1.00-2.30

DA 2010/114 – Report on Rural Industry (Winery)

& Ancillary Facility (Cellar Door Sales Room)

ON-SITE (1.20 pm)

9.2

26

.
NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

Pecuniary – must leave chamber, take no part in discussion and voting.

 

 

 

Non Pecuniary – Significant Conflict – Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.

 

 

Non-Pecuniary – Less Significant Conflict – Councillor/Member may choose to remain in Chamber and participate in discussion and voting.

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council’s Email Address – council@nambucca.nsw.gov.au

 

Council’s Facsimile Number – (02) 6568 2201

 

(Instructions and definitions are provided on the next page).

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

Pecuniary – An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

(Local Government Act, 1993 section 442 and 443)

 

A Councillor or other member of a Council Committee who is present at a meeting and has a pecuniary interest in any matter which is being considered must disclose the nature of that interest to the meeting as soon as practicable.

 

The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).

 

 

Non-pecuniary – A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; a friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

 

If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict.  The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with.  You must deal with a non-pecuniary conflict of interest in at least one of these ways.

 

·        It may be appropriate that no action is taken where the potential for conflict is minimal.  However, council officials should consider providing an explanation of why they consider a conflict does not exist.

·        Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa).  Care needs to be taken when exercising this option.

·        Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).

·        Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

 

         


General Purpose Committee

16 June 2010

General Manager's Report

ITEM 8.1      SF653              160610         Garden Plantings Nambucca Heads

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

There is growing concern of Council staff of the types of plants being used in garden plantings and the location of garden beds around Nambucca Heads.

 

 

Recommendation:

 

1        That the Ganly’s Gardeners be invited to meet with Council’s Senior Overseer and Parks and Reserves Supervisor to discuss suitable locations and plants for the Nambucca Heads area; and that the volunteers be thanked and encouraged for their gardening efforts.

 

2        Ganley’s Gardeners have been invited to address the General Purpose Committee in relation to their budget.

 

 

 

OPTIONS:

 

That Council take no action in rectifying this problem.

 

 

DISCUSSION:

 

Council’s Senior Overseer is concerned with the recent plantings in various locations in Nambucca Heads.

 

The main concern is the garden that has been planted in the access point to the creek besides Davis Seafood.  This area is known to get flooded and Council is called upon to clean the outlet of the creek.  With the garden planted in this vicinity Council staff have no access to the creek other than to drive over the garden to carry out urgent works.

 

Several other locations are already causing sight distance problems: Seaview Street, Riverside Drive; Creek Street and Nelson Street.  It will not be long before the plants grow causing problems. 

 

There is the added concern of anti social behaviour encountered along Riverside Drive, the tall plantings may ‘hide’ the offenders.

 

Ms Lil Ganly of Ganly’s Gardeners (Nambucca Heads equivalent to Joan’s Army) has requested to address Council’s meeting when it makes the final Budget regarding funding for this group of volunteers to carry out their work in Nambucca Heads.

 

Attached is a copy of a submission from Ms Lil Ganly on behalf of Ganly’s Gardeners.

 

 

CONSULTATION:

 

General Manager

Senior Overseer

 

 

SUSTAINABILITY ASSESSMENT:

 


Environment

 

If left unaddressed, this issue of planting around creek areas will pose problems to resident and Council cleanups after times of flooding.

 

Social

 

Whilst Council is grateful for the volunteers who establish and maintain gardens in Nambucca Heads to beautify the town, there should be more consultation with Council as to what plants are planted and where.

 

Economic

 

There is no economic impact at this stage.

 

Risk

 

There is a risk to Council if its staff are unable to access creeks to keep them clean before and after flooding occurs.  There is risk to Council if it approves garden plantings which will ‘hide’ persons conducting anti social behaviour.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no variance to the working funds.

 

 

 

DIRECTOR ENGINEERING SERVICES’ COMMENT

 

The draft tree planting program for next year (2010/11) has been prepared for comment by Councillors.

 

The draft includes a contribution of $750 for Ganly’s Gardeners and $750 for Joan’s Army.

 

The intention is that all parties have a clear understanding on the maximum level of expenditure allowed.

 

The money will be retained by Council and accounts paid for plants, mulch, stakes, fertilizer etc direct to the supplier until the $750 limit is reached.

 

 

 

Attachments:

1View

14094/2010 - Submission from Ms Lil Ganly for Ganly's Gardeners

 

  


General Purpose Committee - 16 June 2010

Garden Plantings Nambucca Heads

 


 


General Purpose Committee

16 June 2010

General Manager's Report

ITEM 8.2      SF1446            160610         Draft Management Plan 2010/2030 and Draft Budget and Revenue Policy 2010/2011

 

AUTHOR/ENQUIRIES:     Craig Doolan, Manager Financial Services         

 

Summary:

 

The public exhibition period for comment on the Draft Management Plan, Budget and Revenue Policy closed at 4.00 pm Wednesday 5 May 2010.

 

Council held a public meeting on 14 April 2010 to provide information to ratepayers and residents of Council’s proposed special rate variation of 1.0% above rate pegging and continuation of the Environmental Levy and to seek their comments.  Despite advertising the meeting, no members of the public attended.

 

Council is required to take into consideration any submissions that have been made concerning the draft Management Plan.

 

Submissions received to date are listed for Council’s consideration.

 

 

Recommendation:

 

 

1          That Council reinstate the 10% increase contribution to the Clarence Regional Library in line with Bellingen and Coffs Harbour councils being an increase of approximately $9,500 to the exhibited draft 2010/11 budget.

 

2          That Council include Stage 2 of the South Macksville Park funded from Section 94 as per the Community Facilities Contribution Plan.

 

3          That Council allocate $8,000 to the budget for the removal and replacement of the Cadagi   trees at Hennessey/Tape Oval.

 

4          That Council consolidate the Council Chambers Upkeep, Self Insurance and Tourist Centre Upkeep reserves into a single Council Buildings reserve.

 

5          That Council adjust the Sewerage Charges for 2010/11 to:

 

Sewerage Usage Charge                                  $2.38

Residential Sewerage Access Charge              $415

Vacant Non Connection Access Charge            $169

Non Residential Access Charge - 20mm            $174

Non Residential Access Charge - 40mm            $526

Non Residential Access Charge - 50mm            $801

Non Residential Access Charge - 80mm            $2,198

Non Residential Access Charge - 100mm          $3,094

 

6          It is recommended that the funds of $14,500 to undertake the professional Odour Assessment be taken from the unused Community Grants allocation in the Environmental Levy.

 

7          That Council allocate $100,000 in the 2010/11 budget to attend to non compliance issues at Council’s Saleyards.

 

8          That Council note the savings to resealing in the 2009/10 budget of $104,000.

 

9          That Council note the deferral of the extension to the NEOC building and the associated allocations in the draft 2010/11 budget.

 

10         That Council note the minimum works required for landslips at Jason Cottages allowing the deletion of $146,000 in the current 2009/10 budget.

 

11         That Council note the requirement for temporary support in the IT function and endorse the appointment of the temporary IT Officer.

 

12         That Council note the requirement to increase hours in the creditor’s function with the Creditors Officer to remain at 35hrs per week on a permanent basis (up from 28 hours).

 

13         That Council include in the 2010/11 budget a provision of $20,000 for modification of the Tewinga Hall to enable its use by 2NVR.

 

14         That council note the deferral of an asset management software module in 2009/10 representing $70,000 in the current budget.

 

15         That the Draft Management Plan for 2010/2015 and the Draft Budget and Revenue Policy for 2010/2011 be amended to reflect the foregoing recommendations and be adopted.

 

 

OPTIONS:

 

Council considered options in adopting the draft documents for public exhibition.

 

Staff considered a number of other options besides those recommended to reduce the deficit which has occurred post the March 2010 quarter budget review.  The options considered were:

 

1        Closure of the Nambucca Heads library one day per week.  Macksville library is already closed on Mondays and a review of usage indicates that closing Nambucca Heads library on Tuesdays would be the preferred alternative if this was to occur.  The estimated savings would be about $18,000 per year but there would be the possible loss of existing staff.  None of the existing staff are full time and a further reduction in their working hours may result in them having to find new employment.  Given the level of saving this proposal was dismissed.

 

2        The sale of motor vehicles and replacement with leaseback vehicles.  This was dismissed because of the depreciated state of the fleet.

 

3        Not including a provision of $100,000 for attending to urgent works (effluent disposal) at the Saleyards.  The OH&S and risk issues at the saleyards are the subject of a separate report.  If Council is to contemplate a long term lease of the saleyards it was considered that overcoming effluent storage issues at the Saleyards is a priority requiring urgent attention.

 

4        Deleting a provision of $35,000 for internal audit.  This would be contrary to a recommendation in the Promoting Better Practice Review and the strong recommendation of the Division of Local Government.  Internal audit is now accepted industry best practice and its deletion would be poorly regarded by the Division.

 

5        Deleting a provision of $14,000 for the implementation of the integrated planning and reporting requirements.  Council needs to comply with this legislation by 30 June 2012 and it will constitute the biggest change in Council’s corporate planning and reporting since the introduction of the Local Government Act in 1993.  Not making a reasonable provision for its planning and implementation would seem short sighted.

 

6        Deleting other inclusions being the additional 7 hours per week for the Creditor’s Clerk ($9,500), modifications to the Tewinga Hall ($20,000) and the additional 6% contribution to the Clarence Regional Library ($9,500).  With the exception of the funding for the Tewinga Hall, the other matters reflect the status quo or in the case of the Clarence Regional Library the provisions of an agreement to which Council is a party.  The Tewinga Hall has currently very little use and the maintenance of the grounds may become an issue.  The partial use of the hall by 2NVR will provide a renewed level of interest and make the hall more sustainable.

 

 

DISCUSSION:

 

The public exhibition period for comment on the Draft Management Plan, Budget and Revenue Policy closed at 4.00 pm Wednesday 5 May 2010.

 

In addition to public exhibition of the documents Council held a public meeting on 14 April 2010 in order to inform ratepayers and residents of Council’s application for a rate variation of 1.0% above rate pegging for 2010/11 and continuation of the Environmental Levy. The 1.0% rate variation is required to fund loans that will contribute to the shortfall of Natural Disaster Funding, specifically, the replacement of Deep Creek Bridge and repair of Riverside Drive Landslips.

 

To date no word has been received from the Minister in relation to the success of Council’s application.

 

 

PUBLIC CONSULTATION:

 

Council resolved to conduct a public meeting to present the proposed 1% special rate variation and continuation of the Environmental Levy for 2010/11. The meeting was advertised with advice and summary on the draft Management Plan in the Nambucca Guardian News 8 April 2010. The meeting was held at the Council Chambers on Wednesday 14 April commencing at 7pm, no members of the public attended. A ten minute period was provided for people that may have been running late. With no public attendees the meeting was then closed. Council was represented by the General Manager, Director Engineering Services, Director Environmental Planning and Manager Financial Services.

 

Consultation was also conducted earlier in the year whereby the Mayor provided a media release on 8 December 2009 and advertisements were placed in the Nambucca Guardian News on 10 December 2009 and 14 January 2010 requesting community input to the upcoming draft Management Plan.

 

During October 2009, Council mailed a public notice to every rateable property as well as to the print and electronic media outlining the achievements of the Environmental Levy and sought feedback and submissions on the future of the levy.

 

Another media release was made on 27 January 2010 advising of Council’s proposal to seek an additional 1% rate variation for restoration and repair of the flood damaged Deep Creek Bridge and Riverside Drive landslips.

 

 


SUBMISSIONS:

 

Rhonda Davies

 

(Contribution to Clarence Regional Library)

 

Ms Davies requests Council increase its commitment to the Clarence Regional Library funding and highlighted libraries’ support of culture and learning as well as the important skilled resource of library staff and volunteers maintaining a knowledge storage system and providing advice and assistance in sourcing information as well as providing a safe place for learning. 

 

 

Mrs M Griffin

 

(Contribution to Clarence Regional Library)

 

Mrs Griffin requests that Council reconsider the level of contribution to the Clarence Regional Library to encourage literacy and educational opportunity, stating that the 4% increase in lieu of the proposed 10% will have a negative effect on the library service.

 

Citing Nambucca Heads as a population group, Mrs Griffin believes the significant population of elderly and retired people rely on the library service and that the students from the four schools are encouraged to use the service, but anticipates that without a reasonable stock of newly published reading matter a continuation of low literacy standards for disadvantaged population groups as well as students being deterred from using the service.

 

 

Lyall Ramsay

 

(Contribution to Clarence Regional Library)

 

Mr Ramsay urges Council to reconsider the contribution to the Clarence Regional Library and resume the 10% increase in the 2010/11 budget.

 

Mr Ramsay points to a contradiction between the line item in the draft budget and draft Management Plan’s “Strategies for 2010-2015”, P9.2.1a l advocating a 10% increase. Mr. Ramsay also states that by not contribution 10% could impact on the joint venture relationship between the existing councils as this joint relationship has possibly enabled grants such as the $90,000 received in 2009/10 to upgrade the junior fiction collection for children being obtained and that future grants may be affected if Council is not in line with the other partners.

 

 

Ted Lourey

 

(Environmental Levy)

 

Mr Lourey states that it is difficult to find details on the Environmental Levy in the draft 2010/11 Budget and due to the need for approval by the NSW Government suggests that the estimated income be clearly segregated from General Rates and that particular programs and funds accrued be specified. It has been conveyed to Mr Lourey that Environmental Levy funds have been used on road flood damage and removal of trees in the business area of Macksville.

 

Mr Lourey considers the establishment of an Environmental Levy committee consisting of community, councillors and staff is essential to gain approval of the Environmental Levy beyond 2010 and ensure appropriate allocation of the levy.

 

 

Director Engineering Services

 

(Stage 2 – South Macksville Park – Section 94)

 

The Work Schedule of the Community Facilities and Recreation Contribution Plan incorporates funding for Stage 2 of the South Macksville Park in the amount of $115,273. This project was omitted from the draft Management Plan. This project requires inclusion to the 2010/11 budget funded from the Section 94 Community Facilities and Recreation Reserve.

 

(Removal of Cadagi Trees – Hennessey/Tape Oval)

 

Council has received numerous requests to remove 15 Cadagi trees adjacent to the boundary of Hennessey/Tape Oval. The estimated cost to remove is $6,000 plus $2,000 to replant with suitable species. It is requested that this project be included in the 2010/11 Budget.

 

 

General Manager

 

(Consolidation of Internal Reserves relating to buildings)

 

To provide more flexibility in the use of a reserve to attend to asset management issues across Council buildings, Council resolved on the 15 April 2010 to consolidate the Council Chambers Upkeep, Self Insurance and Tourist Centre Upkeep reserves into a single Council Buildings reserve. The new consolidated reserve will replace the superseded reserves in the list of General Reserves within the Management Plan.

 

 

Manager Financial Services

 

(Sewerage Charges)

 

The repayment schedule associated with the recent $12m interest free loan secured through the NSW Local Infrastructure Fund and revised consumption estimates of income for the usage charges have resulted in variations to the access and sewerage usage charges and transfers from reserves.    

 

The transfers from the augmentation reserves have increased by $200,000.

 

Incorporating the above and based on the 5th and final year of phasing in ‘Best Practice Pricing’, charges for 2010/11 have been estimated to vary as follows:

 

Exhibited:                  Proposed:

 

Sewerage Usage Charge                                   $2.20                         $2.38

Residential Sewerage Access Charge                 $385                          $415

Vacant Non Connection Access Charge              $181                          $169

Non Residential Access Charge - 20mm             $186                          $174

Non Residential Access Charge - 40mm             $574                          $526

Non Residential Access Charge - 50mm             $876                          $801

Non Residential Access Charge - 80mm             $2,198                        $2,198

Non Residential Access Charge - 100mm           $3,394                        $3,094

 

 


Director Environmental Planning

 

(Odour Issue - Tewinga)

 

Council resolved on the 15 April 2010 to consider funding an assessment of the odour issue in the 2010/11 budget. The figure to conduct the assessment is estimated at $14,500.  This can be funded from the unused Community Grants allocation in the Environmental Levy.

 

 

VARIATIONS POST EXHIBITION:

 

Property Officer

 

(Saleyards)

 

Report to meeting 17 June 2010 regarding saleyards safety workshop.

 

As mentioned in the report the current operation and condition of the Saleyards presents a significant risk to the safety of patrons and workers and a consequent risk to Council in the form of penalties and potential litigation and requests Council to commit sufficient funds to attend to the non compliance and operational issues presented in the report. The committed figure equates to $100,000.

 

 

Director Engineering Services

 

(Resealing)

 

The list of sites for bitumen resealing was varied on the 3 September 2009 (report to Council) due to the need to undertake additional heavy patching as a result of pavement damaged from the constant rainfall at that time. That bitumen resealing program is almost complete with only some work outstanding on Valla Road.

 

The change in program did not take into account the $120,000 (2893-000) that was re-voted from 2008/09 for bitumen resealing.

 

The end result is that only $15,750 was utilised from that allocation. The remaining $104,250 is not required this budget. The $104,250 is a saving of revenue in 2009/10.

 

(NEOC Building Extensions)

 

Deputy Region Controller (Clarence Nambucca Region) has verbally advised that the grant application for $20,000 to enable SES building extensions to take place at NEOC has been granted for the 2011/12 budget.

 

The expenditure of $40,000 including the $20,000 grant and $20,000 from Council revenue is included in the 2010/11 budget. The notification means that the project is moved back a year to 2011/12 therefore the $20,000 revenue can be deleted and becomes reduced expenditure.

 

(Landslips)

 

The minimum level of work to be done at Jason Cottages is $174,000 including permanent shotcrete (western and eastern edges), permanent shotcrete (middle of slope), traffic control and contingency. The second stage will be a gabion wall at $335,000 at a later time.

 

It is expected that up to $146,000 can be deleted from the current 2009/10 budget still allowing the minimum works of $174,000 to proceed at Jason Cottages.

General Manager

 

(Temporary IT Officer)

 

During 2010/2011, Council's IT function will be impacted by the introduction of new computer software and extended periods of staff sick leave. As on-site IT support is critical to business continuity, it has been necessary to appoint an additional staff member for a fixed term of 12 months. Unfortunately, the staffing issue was not known at the time the draft budget was being developed. The 2010/11 allocation required is $52,300.

 

(Additional hours for Creditors function)

 

Council’s Creditors Clerk has been working fulltime (4 to 5 days) temporarily for some time due to the implementation work associated with Council’s administrator software conversion. Due to a 10% increase in creditor transactions and Trainee assistance reduced as a result of new study time policy, the workload in the creditors area is now such that the position will need to be fulltime an a permanent basis. The 2010/11 allocation required is $9,500.

 

(Modification of Tewinga Hall to enable its occupation by 2NVR)

 

The proposed modification of the Tewinga Hall is to enable occupation by 2NVR.  A provision of $20,000 has been made to create a number of offices and rooms in the hall.

 

(Asset Management)

 

Council’s 2009/10 budget has a remaining allocation of $90,500 for an asset management module. A demonstration of the AIM module contained within the Authority suite of software will be scheduled towards the end of 2010. It does not appear that a decision will be made to implement an asset management software system before June 2011. Therefore $70,000 has been identified as not required in 2009/10. Commitment will still be required by Council when the need for such an asset management tool is finally determined.

 

 

CONSULTATION:

 

Refer above.

 

 

SUSTAINABILITY ASSESSMENT:

 

The sustainability assessments were considered in adopting the draft documents.

 

FINANCIAL:

 

Council considered financial implications in adopting the draft budget and revenue policy.

 

In considering the above recommendations Council’s estimated results for 2010/11 will be:

 

General          $ 66,400 Deficit.

Water            $ 1,100 Surplus.

Sewerage       $24,400 Deficit.

 

 

Attachments:

There are no attachments for this report.


General Purpose Committee

16 June 2010

General Manager's Report

ITEM 8.3      SF841              160610         Warrell Creek to Urunga - Pacific Highway Upgrade - Flood Issues

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

A Notice of Motion was put to Council’s meeting on 15 April 2010 regarding the accuracy of the Roads and Traffic Authority’s Environmental Assessment of the Pacific Highway Upgrade—Warrell Creek to Urunga (Volume 1 January 2010) resulting in the recommendations:

 

1        That Council not accept the Roads and Traffic Authority’s Environmental Assessment of the Pacific Highway Upgrade, Warrell Creek to Urunga.

 

2        That the NSW Department of Planning require a peer review of the Roads and Traffic Authority’s flood study with the discrepancies in the submissions to be listed by Council.

 

3        That Council invite the Roads and Traffic Authority to address the flooding issues directly at a future Council meeting.

 

4        That prior to any meeting with the Roads and Traffic Authority a list be provided to the Roads and Traffic Authority, the Department of Planning and Councillors identifying all issues Council has in regard to the flooding.

 

Council has now invited the Roads and Traffic Authority to address Council as per recommendation 3 above.  Mr Bob Higgins from the Roads and Traffic Authority will be presenting to Council at its General Purpose Committee meeting on Wednesday 16 June 2010.

 

 

Recommendation:

 

1        That Council note that Mr Bob Higgins from the Roads and Traffic Authority will be at Council’s General Purpose Committee meeting on 16 June 2010 to discuss Council’s concerns in regard to flooding issues with the upgrade of the Pacific Highway from Warrell Creek to Urunga.

 

2        That Council thank Mr Higgins for his attendance.

 

 

OPTIONS:

 

There are no options as this was a Council resolution.

 

 

DISCUSSION:

 

Council wrote to the Department of Planning regarding its further concerns with the environmental assessment for the upgrading of this particular stretch of the Pacific Highway and its resolution not to accept the Environmental Assessment prepared by consultants SKM.  A copy of the letter to the Department is attached.

 

Council also wrote to the Roads and Traffic Authority (RTA) about the SKM assessment in particular Council’s concerns with discrepancies in the Flood Study and invited the RTA to respond directly to Council.  A copy of the letter to the RTA is attached.  Mr Bob Higgins from the RTA accepted the invitation.

 

 

CONSULTATION:

 

Mr Bob Higgins, RTA

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no impact on the environment.

 

Social

 

This report has no social impact.

 

Economic

 

There are no economic impacts as a result of this report.

 

Risk

 

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on budgets.

 

 

 

 

Attachments:

1View

10465/2010 - Letter to Department of Planning

 

2View

10468/2010 - Invitation To RTA to Address Council

 

  


General Purpose Committee - 16 June 2010

Warrell Creek to Urunga - Pacific Highway Upgrade - Flood Issues

 

Enquiries to:  Michael Coulter

Phone No:      6568 0200

Email:             michael.coulter@nambucca.nsw.gov.au

Mobile:           0409 153 788

Our Ref:        SF841, SF1471

 

 

 

29 April 2010

 

 

 

The Director

NSW Department of Planning

Pacific Highway Assessment Team, Major Projects Assessment

GPO Box 39

SYDNEY   NSW   2001

 

Dear Ms Seretis

 

UPGRADING OF THE PACIFIC HIGHWAY—WARRELL CREEK TO URUNGA—SUPPLEMENTARY SUBMISSION ON ENVIRONMENTAL ASSESSMENT

 

You are advised that Nambucca Shire Council has further considered the environmental assessment for the upgrading of the Pacific Highway between Warrell Creek and Urunga and has resolved not accept the Environmental Assessment prepared by consultants SKM.

 

Council has also resolved that you require a peer review of the flood study to consider the following discrepancies:

 

1        There is a difference in the existing 100 year ARI flood level at the site of the proposed new bridge over the Nambucca River between the existing Nambucca River Flood Study of approximately 3.4 m AHD and the approximate level of 3.77 m AHD in Clause 2.3.12 of the Flood Study.

 

2        Need to reconcile the increased AHD levels against the inundation maps as there does not appear to be much if any difference in area identified as being inundated, yet there is a 370mm difference on AHD levels at the proposed new bridge site – How can this be?

 

3        Council has used the estimated AHD levels plus a 500 mm freeboard for all new dwellings in the flood areas. The SKM Flood Model would reduce this freeboard to only 130mm before the impacts of climate change are taken into account.

 

4        The inundation maps do not use AHD levels.

 

5        There is no identification of the specific number of additional properties to be inundated in and around Macksville due to the increased flood heights or impacts due to the proposed new bridge and Gumma Floodplain crossing.

 

6        Need to review the initial flood heights from the flood levels used for the modelling as there appears to be a significant difference in the imperial levels of the previous modelled flood and the metric levels used. The claim is that the 1977 flood peaked at 10'9" (3.2766m) at Macksville where the identified flood level in Table 2-6 states the 1977 flood level at Macksville as 2.4m (7'9" approx)


2

Pacific Highway Assessment Team, Major Projects Assessment

29 April 2010

 

 

7        The SKM Flood Study discusses the movement of flood water from the east through the flood plain (Gumma Swamp) and back to the west. Yet the modelling figures clearly show that the proposed highway will act as a levy increasing the floodwaters on Macksville township by up to 40 mm whilst the eastern side of the proposed highway decreases by up to 20 mm. How can this be?

 

8        The flood study provides two sets of independent figures (Figures A1-1,2&3 and A2-1,2&3) relating to the impact of flooding on the Nambucca River and on Warrell Creek but the Flood study does not show or address the impacts should the flooding of both occur at the same time and the flood waters from Warrell Creek flowing back into the Gumma wetland.

 

9        The Flood Study has shown the same image in Figure 2-6 and 2-8 yet they refer to the Upper Warrell Creek reporting locations and the Deep Creek hydraulic model extent respectively.

 

10      Notwithstanding the inconsistencies in the data concerning the flood modelling, Council also resolved as follows:

 

·        That the Department of Planning require the bridge option north of the Nambucca River (Option 2) as it has a lesser flood impact to the earth embankment (Option 1).

 

·        That the RTA undertake further modelling and design modification to ensure that:

 

          a       The proposed highway across the Gumma Floodplain and the northern side of the Nambucca River has no affect on the flood levels upstream from the proposed route;

 

          b       The height of the roadway will be well clear of the estimated height of a 1 in 100 year flood and the forecast 2050 sea level rise.

 

In relation to point b) above the environmental assessment indicates that the proposal provides flood immunity for at least one highway carriageway for a 1 in 100 flood event. However, the Environmental Assessment does not indicate whether this standard takes into account climate change. If it doesn’t take into account climate change then a higher road surface level may require additional culvert capacity which can only reasonably be provided in the initial construction.

 

Council would be pleased to receive your advice as to the action you propose to take in relation to these discrepancies.

 

Yours faithfully

 

 

 

Michael Coulter

GENERAL MANAGER

 

MAC:ms

 


General Purpose Committee - 16 June 2010

Warrell Creek to Urunga - Pacific Highway Upgrade - Flood Issues

 

Enquiries to:  Michael Coulter

Phone No:      6568 0200

Email:             michael.coulter@nambucca.nsw.gov.au

Mobile:           0409 153 788

Our Ref:        SF841, SF1471

 

 

 

29 April 2010

 

 

 

Mr Bob Higgins

General Manager

Pacific Highway

Roads and Traffic Authority

Bob_Higgins@rta.nsw.gov.au

 

 

Dear Mr Higgins

 

INVITATION TO ADDRESS COUNCIL ON FLOODING ISSUES ARISING OUT THE PACIFIC HIGHWAY—WARRELL CREEK TO URUNGA UPGRADE

 

Council considered a Notice of Motion at its meeting on 15 April 2010 and resolved not to accept the environmental assessment of the proposed upgrade prepared by consultants SKM.

 

In particular, the Council is concerned discrepancies in the Flood Study. 

 

Please find attached a copy of a letter to the Department of Planning which sets out Council’s concerns.

 

Council resolved to invite yourself to a Council meeting so that you may respond to the identified discrepancies.  Council meets on the first and third Thursdays of each month at 5.30 pm, or alternatively, you would be welcome to address Council’s General Purpose Committee meeting which meets at 8.30 am on Wednesday 19 May, Wednesday 16 June or Wednesday 14 July 2010.  We can accommodate you at any of these meetings at short notice.  It would be appreciated if you could advise in due course your availability to attend one of these meetings.

 

Yours faithfully

 

 

Michael Coulter

GENERAL MANAGER

 

MAC:ms

 

cc      Copy of letter to the Department of Planning

 

  


General Purpose Committee

16 June 2010

Director Environment & Planning's Report

ITEM 9.1      SF578              160610         Report on Guidelines - Duty to Report Contamination Under the Contaminated Land Management Act 1997

 

AUTHOR/ENQUIRIES:     Jacqui Ashby, Environmental Compliance Officer         

 

Summary:

 

The Contaminated Land Management Act 1997 (CLM Act) was amended on the 1 July 2009 and so the former EPA publication ‘Contaminated Sites: Guidelines on Significant Risk of Harm from Contaminated Land and the Duty to Report’, published in 1999 has now been superseded by the new ‘Guidelines on the Duty to Report Contamination under Section 105 of the Contaminated Land Management Act 1997’.

 

These guidelines relate to the duty to report under the CLM Act only and take effect upon publication in the Government Gazette, on 1 December 2009.

 

An initial stage 1 ‘desk top’ assessment has been undertaken by Council staff and 10 sites have been flagged for stage 2 follow up assessment, which needs to be undertaken by a certified consultant.

 

This report provides an outline of the desk top assessments and the 10 sites recommended for further assessment.

 

 

Recommendation:

 

1          That the recent amendments to the Contaminated Land Management Act 1997 be noted.

 

2          That the new Guidelines on the Duty to Report Contamination under the Contaminated Land Management Act 1997 be noted.

 

3          That Council note that ten (10) sites have been identified for additional assessments.

 

4          That Council, subject to funding being allocated, proceed with professional assessments on the ten sites that need additional investigation before being reported to DECCW.

 

5          That Council consider allocating $14,500 for this project from the Environmental Levy when it considers its September 2010/2011 Budget Review.

 

6          That subject to Council making the funds available at the September 2010/2011 budget review, Council accept the quote from Coffey Geotechnics Pty Ltd to undertake the Stage 2 assessment due to their past experience and reputation.

 

7          Should funds not be available in the September 2010/2011 budget review, the matter be deferred to subsequent budget reviews for consideration.

 

 

OPTIONS:

 

There are no other options.

 

DISCUSSION:

 

The general objective of the CLM Act is to establish a process for investigating and, where appropriate, remediating land that DECCW has reason to believe is contaminated, where that contamination is considered significant enough to warrant regulation under the CLM Act.

 

The particular objectives of the CLM Act are to:

 

·              set out accountabilities for managing contamination if DECCW considers the contamination is significant enough to require regulation

·              set out the role of DECCW in the assessment of contamination and the supervision of the investigation, remediation and management of contaminated sites

·              provide for the accreditation of site auditors of contaminated land to ensure appropriate standards of auditing in the management of contaminated land

·              ensure that contaminated land is managed with regard to the principles of ecologically sustainable development. A number of amendments to the CLM Act commenced on 1 July 2009. A key amendment related to the duty to report is removal of reference to ‘significant risk of harm’ as a trigger for reporting contaminated land to DECCW under the CLM Act. The duty to report is now based on trigger values above which notification is required.

 

The ‘Guidelines on the Duty to Report Contamination under the Contaminated Land Management Act 1997’ are made under section 105 of the CLM Act and provide information on two key aspects of the duty to report contamination.  Section 2 of these guidelines sets out the duty of landowners and persons who have responsibility for the contamination to report to DECCW.  This includes a range of considerations for those who encounter land contamination and information on how to proceed where there is uncertainty. Section 3 of these guidelines outlines how DECCW assesses and determines whether or not contamination is significant enough to warrant regulation.

 

There are two tiers of the Land Management Framework in NSW and these are:

 

·              DECCW uses its powers under the CLM Act to deal with sites where the contamination is significant enough to warrant regulation. The contamination of these sites is generally posing an unacceptable risk to human health or the environment, given the site’s current or approved use, and needs to be addressed immediately.

·              Local councils deal with other contamination under the planning and development framework, including State Environmental Planning Policy No 55 – Remediation of Land and the Managing Land Contamination – Planning Guidelines. This type of site, although contaminated, does not pose an unacceptable risk under its current or approved use. The planning and development process will determine what remediation is needed to make the land suitable for a different use.

 

Duty to report contamination comes under section 60 of the CLM Act where a person who’s activities have contaminated land or a landowner whose land has been contaminated is required to notify DECCW when they become aware of the contamination.  The guidelines set out circumstances in which reporting is mandatory.

 

To assess whether the contamination of a site should be reported, a review of the site activities and history, and a site inspection to look for indicators of contamination, should be undertaken.  This will also include consideration of whether the site or adjacent sites may be associated with potentially contaminating activities, complaints about pollution or illegal dumping of wastes and whether there are gaps in, or doubts about, the site history.  There may also be a need for a further, more detailed investigation by a suitably qualified and experienced environmental consultant. Notification triggers are contained in Appendix A of the Guidelines.

 

The duty to report arises when a landowner or a person's activities have contaminated the land, is aware of the contamination, or should reasonably have become aware of the contamination.

 

The guidelines set out a process and provide a checklist for land owners to undertake a risk assessment to determine whether the site should be reported.

 

The key triggers relate to:

 

·              On-site soil contamination

·              Off-site soil contamination

·              Foreseeable contamination of neighbouring land

·              Ground water contamination

·              Surface water or ground water discharging to surface water

 

What does it mean for Council?  Council owns sites that may fall into the required reporting under section 105 of the CLM Act, and therefore must be reported to DECCW.

 

A person who is required to report contamination to DECCW but fails to do so may be subject to prosecution.

 

For Step 1 of the reporting guidelines an initial "desk top" assessment was undertaken by Council's Environmental Compliance Officer using the checklist in the Guidelines on the Duty to Report Contamination under the Contaminated Land Management Act 1997. Nine sites have been identified that Council owns or manages, which may need to be reported with a further assessment of the site conducted by a qualified consultant. The identified sites are:

 

·              A2 - Lot 1 DP 510707 Gumma Road, Gumma – used as sanitary depot

·              A4 – Lot 56 DP 755537 Gumbaynggirr Road, Bowraville – used as garbage depot

·              A5 – Lot 622 DP 634925. 338 Greenhills Road, Taylors Arm – used as garbage depot

·              A6 – Lot 215 DP 755562 South Pacific Drive, Scotts Head – used as garbage depot

·              A7 – Lot 4 DP 749153 Pacific Hwy, Lower Nambucca – used as a garbage depot

·              A11 – Nambucca State Forest, Old Coast Road, Newee Creek – used as a garbage depot

·              A18 – Lot 8 DP 870452 Little Tamban Road, Eungai Creek – used as a garbage depot

·              F1.8 – Lot 1 DP 1065233 22 Adam St, Bowraville – used as a council depot

·                     – Lot – River St Macksville– previous owner was North Power - depot

 

The sites were chosen due to the history or the use of the site which, maybe associated with potential contamination activities and there are gaps or doubts about the history and use of the site. Such as activities associated with or causing contamination.

 

Under the CLM Act any site that may not be currently contaminated (in addition to the above) but activities carried out may lead to foreseeable contamination must be reported complete with an action plan on how to prevent contamination and if possible a remediation plan. There is one site where concern exists which is:

 

·              Nambucca Shire Council Works Depot – River Street Macksville (hydrocarbon pollution)

 

For step 2 a Phase 1 assessment would need to be undertaken by a suitably qualified consultant as sampling may be required. Sites that, after professional assessment, are not deemed contaminated do not have to be reported under this act. During phase 1 there will be an in depth ‘desk top’ study conducted with all Council’s information (already collated) about the sites, together with geological, topographical, hydrological and hydro geological (groundwater search). After eliminating any site the remaining sites will go through to a phase 2 assessment.

 

Phase 2 will be a brief site inspection to identify the key aspects of the areas and to identify possible sampling locations. There will also be interviews with Council staff or former site operators to further assess the history of the site.

 

At the end of phase 2, a report will be issued to Council that:

 

·              Assesses potential and off-site sources of contamination for each site.

·              Qualitatively assesses the likely risk/impact of these contamination sources with respect to contamination status of the sites.

·              Ranks sites in order of priority for further investigation/monitoring.

·              Indicates whether there is a duty to report any of the sites based on the phase 1 and 2 assessment information.

 


A quote for services has been obtained from GHD P/L, Coffey Geotechnics P/L and SKM for further assessing the ten identified sites in the staged program. A staged program allows sites, after a concise preliminary investigation, to be dismissed that do not need reporting and defines and ranks what tests should be applied to the rest of the sites, and, if warranted, a remediation action plan. The quotes are for phase 1 only. Phase 2 cannot be quoted for, until phase 1 is complete;

 

Council does not need to report the sites until they have been confirmed contaminated by a qualified assessor.

 

 

CONSULTATION:

 

DECCW

Director Environment and Planning

Director Engineering Services

Waste Management Officer

Manager Health and Building

Council’s Waste Management Officer

Council’s Property Officer

GHD P/L

Coffey Geotechnics P/L

SKM

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Identifying contaminated sites may lead to a need to undertake further monitoring of ground or surface waters and remediation action where the initial risk & site assessment indicate potential issues.

 

Social

Identifying contaminated sites can help with prevention of health issues caused by pollution.

 

Economic

The identification of contaminated sites may reduce potential land prices and restrict future land development, unless remediation is planned.

 

Risk

There is both an environmental and health risk associated with identifying contaminated sites that Council owns. Risk can include compensation for health related issues to non usage of the land until remediated.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The initial "desk top" risk assessment to identify potential sites has been undertaken by staff, however further investigation into the degree of contamination would have an impact on the future 2010/11 budgets by way of hiring consultants.

 

Source of fund and any variance to working funds

The costs associated with the Stage 2 assessments would come from General Funds through the budget review process.

Attachments:

There are no attachments for this report.


General Purpose Committee

16 June 2010

Director Environment & Planning's Report

ITEM 9.2      DA2010/114      160610         DA 2010/114 - Report on Rural Industry (Winery) and Ancillary Facility (Cellar Door Sales Room)

 

AUTHOR/ENQUIRIES:     Ben Oliver, Senior Town Planner         

 

Summary:

 

The development application proposes a rural industry involving the small scale production of wine from an established vineyard on the property. In addition to the production of alcohol, the landowner (Mr Gruber) is seeking approval for an ancillary facility (Cellar Door) where tasting and sales of small quantities of wine will also be undertaken. The sale of alcohol requires the granting of a liquor license from the NSW Office of Liquor Gaming and Racing, which will restrict the activity to tasting and not permit general serving or consumption of alcohol on the premises. A Community Impact Statement (CIS) will also need to be prepared to support the application for a liquor license. The activity is targeting the emerging tourist trade interested in locally grown produce and will be open to members of the public from 10.00 am to 5:00 pm Monday to Sunday.

 

Two submissions were received in response to notification of the application, one of which supported and one which objected to the application. Some of the issues raised in the submissions are not town planning related and not considered relevant to this application. However, the other relevant issues have been assessed and it is considered that appropriate conditions of consent will resolve these concerns. The application is therefore recommended for conditional approval with a deferred commencement condition requiring the approval of a liquor license before the consent becomes operational.

 

NOTE: This matter requires a “Planning Decision” referred to in Section 375A of the Local Government Act 1993 requiring the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

1          That Development Application 2010/114 be determined by granting a deferred commence­ment consent subject to the conditions attached to this report.

 

2          That all persons who made submissions be notified of Council’s decision.

 

 

 

OPTIONS:

 

The proposal is recommended for approval with conditions that will restrict its operation and minimise any potential impacts on adjoining landowners. If Council believes that the activity will result in unacceptable environmental or social impacts, it has the option of refusing the application and in this instance it would be expected to provide reasons to justify its decision.

 

 

CONSULTATION:

 

Council’s Manager of Health and Building has inspected the site and has advised that consent may be issued with appropriate conditions addressing the minor fit out and partial conversion of the dwelling to facilitate a wine tasting and sales room and the provision of disabled accessible toilet facilities for customers.

 

Council’s Manager of Technical Services has advised that consent may be issued with appropriate conditions requiring minor civil works to improve vehicular access and provide on-site car parking areas.

 


DISCUSSION:

 

The landowner has expended a considerable amount of time, labour and financial resources in the development of several grape varieties within an established vineyard. In addition to grapes, the horticultural production on the farm includes the growing of paw paws, passionfruit, assorted fruit trees and keeping of bees for honey. In an attempt to value add to the farm produce, it is proposed to process and sell a small quantity of wine and other alcohol products, from produce grown directly on the property. The landowner also believes that the cultivation and production side of the activity will be of interest to tourists, who may also enjoy a guided tour of the vineyards.

 

The tasting and sale of wines will be carried out in part of the residential dwelling, which will require minor alterations and additions to improve access and internal circulation for customers. A disabled accessible toilet will also be provided for customers.

 

A small sign is proposed at the property entrance advising prospective customers of opening hours and an application will be made to Council for further directional signage (fingerboard signs) to be placed at road intersections to assist with directions for the travelling public.

 

While the proposed “Cellar Door” activity is reasonably unique in the Valley, similar activities that tap into the emerging tourist trade and interest in locally grown produce are commonplace in other areas and are considered to be an effective means of generating a diversified and sustainable farm income.

 

 

MATTERS FOR CONSIDERATION – SECTION 79C(1) EP&A ACT

 

a(i)       The Provisions Of Any Environmental Planning Instruments

Nambucca Local Environmental Plan 1995

 

Clause 11 & 13 Land Use Zoning

 

The development of the land for a rural industry with ancillary sales is permissible with development consent in the Rural 1(a1) zone which applies to the land. The proposal is consistent with the objectives of the zone by being a productive and efficient use of agricultural land, which is unlikely to have any adverse impacts on rural amenity and character.

 

In relation to Clause 13, the land is predominantly cleared pasture, used for light grazing and established vineyards and horticultural plantings. No further clearing or land disturbance is required to facilitate the development. The recommended conditions of consent will minimise the potential for any adverse impacts and ensure that the development is compatible with the rural character of the area.

 

North Coast Regional Environmental Plan

 

The proposal is consistent with the aims and objectives of the NCREP.

 

a(ii) The Provisions Of Any Draft Environmental Planning Instrument

 

Draft LEP 2009 applies to the land and is currently with the Department of Planning for final approval. The proposed rural zoning of the land is compatible with the current rural zone and would have no further implications, in addition to those already considered in this report.

 

Draft consolidated DCP applies to the land and has no further implications, in addition to those already considered in this report.

 


a(iii) Any Development Control Plan

 

DCP(1) Off Street Parking

 

Access to the property is from Welsh’s Creek Road which is a gravel road maintained by Council. It is anticipated that the Cellar Door activity will attract a limited number of tourists interested in locally grown produce and the process of boutique winemaking. The majority of tourists are expected to arrive by private vehicles, but the development will also cater for small scale tourist operations, possibly utilising mini buses and long wheel base vans. Sufficient parking will be made available on hard stand areas beside the dwelling house to accommodate all customer vehicles.

 

Access to the property and site distances from Welsh’s Creek Road are adequate for the small amount of traffic likely to be generated by the development, however it has been recommended that concrete headwalls be installed on either side of the driveway entrance to improve access and drainage.

 

DCP(16) Rural Buffers

 

The existing vineyard and proposed Cellar Door activity are both located a considerable distance (250m) from the neighbouring dwelling on the adjoining property. Although concerns have been raised by the neighbouring landowner that the proposal will result in unacceptable privacy and amenity impacts, it is considered that the cultivation and processing of grapes is a relatively low impact activity and will be compatible with the rural character of the area. The cultivation and harvesting process is more labour intensive than mechanised and does not include the heavy application of fertilisers and pesticides common with other intensive horticultural activities.

 

a(iv) Any Matters Prescribed By The Regulations

 

No matters specifically relevant to the application.

 

b          The Likely Impacts Of The Development

 

The development will offer an additional sales outlet for locally produced wines, however the likely terms of the liquor license will restrict the activity to tasting. No general serving or consumption of alcohol is likely to be permitted by the restrictive terms of the license and it is therefore unlikely that any anti-social behaviour will take place on the premises or impact on adjoining neighbours.

 

The development has the potential to result in a number of positive impacts on the local economy by broadening the number and variety of tourist attractions in the area and generating a diversified and sustainable farm income.

 

c          The Suitability Of The Site For The Development

 

The property has a number of attributes which make it suitable for the proposed development including established vineyards, orchards, associated farm infrastructure and its separation distance from neighbouring dwellings.

 

The property is serviced by Welsh’s Creek Road which is an unsealed gravel road, that is well maintained with adequate sight distances for turning vehicles. Council has a Section 94 plan for improving rural roads including bitumen sealing of gravel roads, however contributions are only levied on subdivisions and the erection of new dwellings, not tourist activities. Notwithstanding, Council has the ability to impose a condition of consent requiring roadworks, if it can be demonstrated that the traffic generated by the development warrants improvements to the local road network and bearing in mind that any major roadworks would be very expensive for the applicant and affect the viability of the activity.  In this instance it is considered that the activity is unlikely to  generate any significant increase in traffic and on this basis no major upgrade to the road such as bitumen sealing, is considered warranted. However the applicant is required to improve access and drainage at the driveway entrance by installing headwalls on both ends of the piped culvert.  

 

The applicant has been advised that any intensified use of the site that could increase traffic to a significant degree, such as using the site as a venue for planned events, would require further development consent from Council and the requirement for roadworks would need to be reconsidered.

 

d          Any Submissions Made In Accordance With The Act Or The Regulations

 

The application was notified and exhibited in accordance with Council’s requirements and two (2) submissions were received. One submission supported the proposal and one submission by an adjoining landowner, objected to the proposal. The main issues of concern are summarised as follows:

 

1          The close proximity of the proposed venue (50m stated in submission) will result in unacceptable impacts, antisocial behaviour and is not appropriate for the locality.

 

Comment:

The proposed Cellar Door activity will be approximately 250m from the nearest residence, separated by two (2) fences, a grazed paddock and vegetation barrier located on the adjoining landowners boundary.

 

The activity is focused at a niche market with low annual production (production of less than 5 tonne of grapes per year) from an established vineyard. Under the NSW Liquor Act 1997, the development will require a producer/wholesaler licence which entails the following restrictions:

 

“S32 (ii) consumption on the licensed premises is limited to tasting.

S33 (b) sale for consumption away from the licensed premises only and during standard trading hours.”

 

Mr Gruber is required to complete a responsible service of alcohol (RSA) course and will be subject to the legal requirements of NSW Office of Liquor, Gaming and Racing. These requirements specifically deny the legal supply of alcohol to intoxicated persons. Due to the limitation of alcohol to be consumed on premises it is not feasible for the premises to be used in the same capacity as a hotel (pub) or club.

 

2          The development will generate traffic and dust problems and increase road safety concerns.

 

Comment:

The proposed activity is not expected to generate significant traffic and the standard of Welsh’s Creek Road and access to the site is adequate, with minor upgrades to the driveway entrance recommended in the conditions of consent. The impacts of dust is largely unavoidable and a consequence of living in rural areas which have frontage to unsealed gravel roads. There is no evidence to suggest that the activity will have an adverse impact on road safety.

 

3          Potential for expansion of the business.

 

Comment:

The development is recommended for approval with conditions intended to limit the scale and impact of the activity. Any proposed expansion, whether it be changes to hours of operation or use of the property as a venue for events, would require the further consideration of Council as part of a new application.

 

4          Privacy concerns with the activity, the car park, and nuisance lighting.

 

Comment:

The activity is located approximately 250m from the nearest residence and separated by fences, a grassed paddock and a screen of vegetation on the boundary. Mr Gruber’s proposed facility will have standard day time trading hours limited from 10.00 am to 5.00 pm, therefore no patrons to the facility will be entering or exiting the site after dark. Further screens of vegetation could also be easily planted by the adjoining landowner to mitigate any concerns regarding privacy impacts.

 

5          The development will result in a devaluation of property values.

 


Comment:

Unable to speculate on this concern, other than commenting that no evidence exists to support such a claim.

 

e          The Public Interest

 

Council has the responsibility of balancing competing interests to prevent inappropriate development that may have detrimental impacts, while allowing individual landowners the opportunity to develop the potential of their land in an environmentally sustainable manner. In this instance it is considered that the proposed development will be a positive addition to the local economy by broadening the number and variety of tourist attractions in the area. Concerns purely focused on the negative aspects of alcohol sales and consumption in relation to this activity, are largely unfounded and difficult to justify.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The vineyards and orchards on the property are well established and the activity is simply processing and value adding. No land clearing or disturbance is required to facilitate the development and therefore no adverse environmental impacts are expected from the development.

 

Social

 

Concerns regarding the proliferation of alcohol sales and consumption in the community needs to be tempered by the knowledge that the activity will be strictly regulated by state and local government regulation. The Cellar Door activity is likely to appeal to consumers who have a genuine interest in locally grown produce and wine production and practice the responsible consumption of alcohol.

 

A simplified CIS (category A) will need to be prepared to support the application for a liquor license, which will require consultation with Council, Local Police and directly affected neighbours. Where a CIS is required, the Authority cannot grant a licence, authorisation or approval unless it is satisfied that the overall social impact will not be detrimental to the well-being of the local or broader community.

 

Economic

 

The proposal will provide the applicants with an opportunity to create a diversified and sustainable farm income and broaden the number and variety of tourist attractions in the Valley.

 

Risk

 

There are no obvious risks to Council associated with the development.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No impacts expected on current and future budgets.

 

Source of fund and any variance to working funds

 

Not applicable.

 


PROPOSED CONDITIONS OF CONSENT

 

GENERAL CONDITIONS

 

1        Deferred Commencement Consent

 

This consent does not operate until Council is satisfied that:

 

          A liquor license approval for the proposed outlet has been granted by the NSW Office for Liquor Gaming and Racing.

 

In satisfying Council as to the above, Council must be furnished with a copy of the liquor license approval along with copies of the application and all supporting information including the Community Impact Statement.

 

Evidence of compliance with the above condition(s), sufficient to satisfy the Council as to those matters, must be provided within 12 months of this notice. If satisfactory evidence is produced, in accordance with this requirement, Council will give notice to the applicant of the date from which the consent operates.

 

2        Development is to be in accordance with approved plans

 

The development is to be implemented generally in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent.

 

Plan No/Supporting Document

Version

Prepared by

Dated

Statement of Environmental Effects

1

Wilhelm Gruber

Undated

Ground Floor Plan showing proposed Cellar Door Salesroom.

1

Wilhelm Gruber

Undated

Site Plan showing Car Parking area and Toilet Facilities

1

Wilhelm Gruber

Undated

 

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

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO COMMENCEMENT OF BUILDING WORKS

 

3        On-site sewage management facility Section 68 approval required

 

An approval under Section 68 of the Local Government Act 1993 for plumbing and drainage associated with the disabled toilet facility must be obtained from Council.

 

4        Consent required for works within the road reserve

 

Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993.

 

Required work

Specification of work

Headwalls

Installation of concrete headwalls at both ends of the piped culvert under the driveway entrance.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO COMMENCEMENT OF USE

 

5        Food premises fit-out

 

Food processing areas are to be fitted out to comply with AS 4674 – 2004 “Design, Construction and Fitout of Food Premises”.

 

Within the Cellar Door tasting area a separate wash hand basin is to be provided to the

proposed sink area. to comply with food safety standards 3.2.3, “Food Premises & 

Equipment”.

 

Food business is required to be registered with NSW Food Authority under section 100

of the Food Act 2003 and notified to Council. Food production is to comply with the Food Act 2003, Australian New Zealand Food Standards Code.

 

Provision of a water supply of suitable quality to ensure compliance with NSW Health Guidance on the Use of Rainwater Tanks.

 

6        Access and facilities for disabled

 

Modification to the existing toilet facility on site to indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.

 

Access pathways to and dimensions of the disable toilet cubicle to comply with the above Australian Standard.

 

Access pathway from any designated disable parking area to the toilet facilities to be in 

accordance with the AS 1428.1. One (1) disabled car parking space is to be provided beside the toilet facility.

 

7       Operation of car parking area

 

An all weather car parking area is to be provided on-site and clearly delineated for exclusive use of customers. The car park area, driveways and turning areas must be kept clear of permanent obstructions.

 

 

8        Works to be completed

 

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

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH AT ALL TIMES

 

9        Advertising signs

 

One (1) advertising sign with maximum dimensions 1m2 is permitted at the entrance to the property. The sign must be maintained in a neat and attractive condition to the satisfaction of Council.

 

Separate development consent is required from Council prior to the erection of any advertisements or advertising structures other than the sign/s, approved in this consent.

 

10  
Restricted hours of operation

 

The hours of operation of the business are restricted to the times set out in the following table:

 

Period

Start Time

Finish Time

Monday to Sunday

10.00 am

5.00 pm

 

Any alteration to the above hours of operation will require the further consent of Council.

 

Attachments:

1View

12921/2010 - Site plan and submissions to DA 2010/114

 

  


General Purpose Committee - 16 June 2010

DA 2010/114 - Report on Rural Industry (Winery) and Ancillary Facility (Cellar Door Sales Room)

 

  


General Purpose Committee

16 June 2010

Director of Engineering Services Report

ITEM 10.1    SF290              160610         Administration Building - Provision of Disabled Ramp in Council Chambers

 

AUTHOR/ENQUIRIES:     Peter Baynes, Manager Assets         

 

Summary:

 

Two options for the provision of an access ramp from the floor of the Council Chambers to the podium have been considered and concept designs for both are presented to Council for consideration.

 

 

Recommendation:

 

That Council adopt Option 1 for an access ramp recessed into the existing podium as the preferred concept should funding become available.

 

 

 

OPTIONS:

 

1        Access ramp rebated into the existing podium.  This option is costed at $1,800.

2        Access ramp west to east in front of the podium.  This option is costed at $3,400.

 

 

DISCUSSION:

 

Council’s Access Committee asked for a concept design for an access ramp to the podium in the Council Chambers.  At various stages through the discussion of the proposed ramp options for a recessed ramp and one running across the front of the podium had been suggested.  Both options have been considered.

 

Option 1       The recessed ramp, is achievable with minimal disruption to the existing podium and desk and is the cheaper option.  This option also provides a less visibly intrusive installation between the floor of the chamber and the podium.

 

Option 2       The ramp across the front of the podium, is more expensive and also has the following issues associated with it’s installation.  The existing desk on the podium needs to be shortened by 0.3m to allow sufficient circulation space at the top of the ramp.  The existing Councillors’ desks on the floor of the chamber need to be moved south by 0.5m to allow a walking space between the foot of the ramp and the eastern Councillors’ desk.  This option also provides a more visibly intrusive installation between the floor of the chamber and the podium.

 

 

CONSULTATION:

 

Director Engineering Services

Manager Community and Cultural Services

Technical Officer Assets

Engineering Designer

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendation does not give rise to any environmental issues.

 

Social

 

Provision of wheelchair access to podium on Council Chambers.

 

Economic

 

The recommendation does not give rise to any economic issues.

 

Risk

 

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council will need to include an additional $1,800 into the 2010/2011 Budget to allow construction to proceed.

 

Source of fund and any variance to working funds

 

Additional revenue funds to be provided to Administration Building Maintenance Vote.

 

Attachments:

1View

13932/2010 - Estimate for provision of disabled ramp in Council Chambers

 

2View

14058/2010 - Council Chambers Stage Ramp OPTION 1

 

3View

14056/2010 - Council Chambers Stage Ramp OPTION 2

 

  


General Purpose Committee - 16 June 2010

Administration Building - Provision of Disabled Ramp in Council Chambers

 

 


General Purpose Committee - 16 June 2010

Administration Building - Provision of Disabled Ramp in Council Chambers

 

 


General Purpose Committee - 16 June 2010

Administration Building - Provision of Disabled Ramp in Council Chambers

 

 


General Purpose Committee

16 June 2010

Director of Engineering Services Report

ITEM 10.2    SF699              160610         Public Amenities Condition Report

 

AUTHOR/ENQUIRIES:     Peter Baynes, Manager Assets         

 

Summary:

 

The circularised report provides an overview of the current condition of public amenities in the Nambucca Shire.

 

In addition the report presents a proposed future strategy for maintenance, upgrade and replacement of these amenities over the next ten years.

 

 

Recommendation:

 

That Council note the attached report and endorse the recommended strategy for maintenance, upgrade and replacement of Public Amenities in the shire.

 

 

OPTIONS:

 

Nil.

 

 

DISCUSSION:

 

Overall the condition of public amenities in the shire can be summarised as poor to fair.  Many of the amenity buildings are aged and showing signs of wear and tear, and in many cases repeated vandalism.  Fittings and fixtures are also generally in poor condition and in need of attention.

 

With some initial maintenance several sites will continue to provide an adequate level of service for many years, others will require a more significant upgrade in the short term while several amenities are recommended for replacement within ten years.

 

Refer to the circularised report for details of each building’s condition and recommended management strategy.

 

 

CONSULTATION:

 

Director Engineering Services

Technical Officer Assets

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendation does not give rise to any environmental issues.

 

Social

 

The poor condition of these facilities is likely to be poorly received by residents and tourists alike.  Public amenities were rated as “high importance, low satisfaction” in the Customer Satisfaction Survey conducted in November 2007.  The recommended strategy of upgrade and replacement will hopefully address these attitudes over time.

 


Economic

 

The current poor condition of public amenities may result in a loss of income from tourists and visitors.

 

Risk

 

There is potential risk of litigation or action arising from the lack of provision of compliant disabled access and facilities.  There are minor risk of trips and falls at some amenities.  Both of these risks will be mitigated as upgrades and replacements occur.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommended strategy of maintenance, upgrade and replacement of public amenities will require a commitment of funds over the next ten to fifteen years.  The expenditure has been profiled by undertaking targeted maintenance and some upgrades initially and deferring replacement works.

 

Source of fund and any variance to working funds

 

General fund, loans and grants.

 

 

 

Attachments:

1View

 - CIRCULARISED DOCUMENT - Condition Assessment - Public Amenities (TRIM 13909/2010)

 

  


General Purpose Committee - 16 June 2010

Public Amenities Condition Report

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Public Amenities Condition Report

 

 

 

CIRCULARISED DOCUMENT - Condition Assessment - Public Amenities (TRIM 13909/2010)

 

  Pages

 

 


General Purpose Committee

16 June 2010

Director of Engineering Services Report

ITEM 10.3    LF3501             160610         Nambucca Heads Island Golf Course Bridge

 

AUTHOR/ENQUIRIES:     Bruce Redman, Director Engineering Services         

 

Summary:

 

The Nambucca Heads Island Golf Club has asked Council to review its previous stance of not accepting responsibility for the maintenance of the bridge into the carpark.

 

The Golf Course is leased Crown Land and the care of the assets remain a responsibility for the Golf Club.

 

 

Recommendation:

 

That Council advise the Nambucca Heads Island Golf Club that they remain responsible for the maintenance of the entrance bridge and leased area.

 

 

OPTIONS:

 

1        Council not be responsible as recommended

2        Council provides assistance

3        Council accepts responsibility

 

 

DISCUSSION:

 

The Nambucca Heads Island Golf Club have requested that Council review their previous decisions on the responsibility for maintenance of the access bridge.

 

Council has previously required the Golf Club to provided maintenance.

 

The Golf Course area comprises of two areas of management:

 

1        Lot 512 DP 41534

          This is the land comprising of the Clubhouse and owned by the Nambucca Heads Island Golf Club having been granted the land in 1981 by the Crown.

 

2        Parcel 23387

          This is the Golf Course car park excluding the Clubhouse.  It is Crown Land under the management of the Council.  This in turn has been leased to the Golf Club from 1996 to 2017.

 

Access to the island and Clubhouse is via a public road.  Council has in the past restricted maintenance to the northern end of the bridge.  The Golf Club have maintained the bridge and rebuilt the carpark over time.

 

The bridge is in very poor condition and would be scheduled for replacement if it was on Council’s Asset Register.  The replacement cost for a bridge with timber foundations and superstructure with a present concrete deck would be $80,000.  A concrete structure would be close to $200,000.  A full inspection would be needed to determine what maintenance is required if replacement is not an option.

 

The Golf Course was affected by flooding in 2009 and need to carryout repairs to not only the entry bridge but also internal pedestrian bridges, culverts and the carpark which has placed a financial burden on the Club.  All these matters including the entry bridge are part of the Golf Club infrastructure and the ongoing maintenance and redevelopment are issues for the Club to address as a commercial operation.


 

 

CONSULTATION:

 

Property Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No new issues.

 

Social

 

The Golf Course and Club are a major recreational facility for the area.

 

Economic

 

The Golf Club relies on the sole entry as access to its facilities.

 

Risk

 

The Golf Club may not provide sufficient maintenance nor plan for future replacement to ensure long term access is in place.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil for Council if recommendation is adopted.

 

Source of fund and any variance to working funds

 

No funds sought if recommendation adopted.

 

Attachments:

1View

13315/2010 - Letter from Nambucca Heads Golf Club

 

2View

13602/2010 - Site Plans

 

  


General Purpose Committee - 16 June 2010

Nambucca Heads Island Golf Course Bridge

 

 


General Purpose Committee - 16 June 2010

Nambucca Heads Island Golf Course Bridge