NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

18 November 2010

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

Our Vision

Nambucca Valley ~ Living at its best.

 

Our? Mission Statement

 

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

 

Our Values in Delivery

?                Effective leadership

?                Strategic direction

?                Sustainability of infrastructure and assets

?                Community involvement and enhancement through partnerships with Council

?                Enhancement and protection of the environment

?                Maximising business and employment opportunities through promotion of economic development

?                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

?                Actively pursuing resource sharing opportunities

 

Council Meetings:? Overview and Proceedings

 

Council meetings are held on the first and third Thursday of each month commencing at 5.30 pm.? Council meetings are held in the Council Chamber at Council's Administration Centre?44 Princess Street, Macksville.

 

How can a Member of the Public Speak at a Council Meeting?

 

1??????? Addressing Council with regard to an item on the meeting agenda:

 

Members of the public are welcome to attend meetings and address the Council.? Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.? The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda.? Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.?

 

2??????? Public forum address regarding matters not on the meeting agenda:

 

Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda and the subject of the address is disclosed and recorded on the agenda.

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.? You must treat others with respect at all times.

 

Meeting Agenda

 

These are available from the Council's Administration Building, the Regional Libraries in Macksville and Nambucca Heads as well as Council?s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 18 November 2010

 

Acknowledgement of Country????????? ? (Mayor)

 

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

 

AGENDA?????????????????????????????????????????????????????????????????????????????????????????????????? Page

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 4 November 2010

5??????? PUBLIC FORUM

6??????? ASKING OF QUESTIONS WITH NOTICE ??

7??????? QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

8??????? General Manager Report

8.1???? Outstanding Actions and Reports

8.2???? Boultons Crossing (Gumma) Reserve - Future Management

9??????? Director Environment and Planning Report

9.1???? Outstanding DA's greater than 12 months, applications where submissions received not determined to 7 September 2010

9.2???? DA's and CDC's Received and Determined under Delegated Authority 13-25 October 2010

9.3???? DEP Applications and Statistical Reports July 2010-June 2011, 2002-2010 and Certificates Received 2004-2010

9.4???? Contract Regulatory Officer's Report October 2010

9.5???? Delegation from Joint Regional Planning Panel to General Manager for Specified Applications

9.6???? Local Growth Management Strategy - Employment Lands

9.7???? SEPP 15 Rural Landsharing Communities

9.8???? Report on SoE submissions from public exhibition and final 2009/10 soe report

9.9???? Review of Rainwater Tank Rebate Scheme

10????? Director Engineering Services Report

10.1?? Road Naming South Macksville Urban Release Area

10.2?? Application for B-Double Route from Burgundy Heights Pty Ltd ??

 

GENERAL PURPOSE COMMITTEE MEETING ? 17 NOVEMBER 2010

 

??


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).

 

??????? ?


Ordinary Council Meeting

18 November 2010

General Manager's Report

ITEM 8.1????? SF959????????????? 181110???????? Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

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

 

 

Recommendation:

 

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

 

 

 

No

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS


OCTOBER 2008

1

RF256

 

16/10/08

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

 

 

DES

 

Catchment Assessment:

Final report assessed.? Maintenance recommendation included in works program.? There are a number of existing stormwater inlet pits within the study area which require maintenance.? These pits are blocked with vegetation and debris both within the pit and in the grate and lintel, grates are broken, and lintels are broken, reducing the inlet capacity of each pit.? Maintenance and repair of these pits will at least ensure each pit is functioning to its capacity.

Phase 2 analysis of pipeline from Bismark to Nambucca Streets authorised.? Not expected to be completed until 31 July 2010.

 

GHD advise that ground survey completed.? Capacity analysis starts end of July 2010.

 

Options report received detail design and costing by 26 November 2010.

 


 

MAY 2009

 

2

SF1213

07/05/09

Allocation for retaining wall at Little Beach be deferred for consideration at the September Quarterly Review

 

DES

GM

First letter sent 4 December 2007.

November 2009.

Followup letter sent. 26 June 2009.

No reply at 17 July 2009.

No reply at 10 August 2009.

No reply at 21 August 2009.

No reply at 7 Sept 2009.

No reply expected until Scotts Head Master Plan completed.

Followup letter sent 24 May 2010.

Scotts Head Trust has approved Council spending $40,000. Return letter sent advising that $40,000 matching contribution is required.

Project will not proceed unless budget is $80,000.? Cancel project and reallocate Section 94 funds if Scotts Head Reserve Trust do not contribute $40,000.

 

At Council?s meeting on 7 October 2010 it was resolved to receive advice on what Council land and what Crown land it concerns and also that the money be allocated to other projects in Scotts Head and be reported back to Council.? Report scheduled for November 2010.? Deferred to December 2010.

 

JULY 2009

 

3

SF1272

16/07/09

Council consider as a first priority the provision of a data link and adequate server for backup in the quarterly review.? That Council consider suitable remote office space to house disaster recovery equipment at the quarterly review.

 

GM

Report to meeting on 19/11/09.

Deferred to December 2009.

Quotes being sought for fibre optic link to the Library.? Will report when quotes are in.

Indefinitely delayed due to workload, illness and completion of Civica (Authority) implementation.

Provision made in Budget for 2010/11.

IT Support Officer now proceeding with implementation.? Work underway.

 

 

AUGUST 2009

 

4

SF544

20/08/09

Council adopt the draft Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan and review within 12 months.

 

GM

September 2010.

Plan currently being reviewed.

Deferred to October 2010.

Not completed ? deferred to November 2010.

 

MANEX agreed to rehabilitating Bellwood between Pacific Hwy & Mumbler St with existing contributions.

 

OCTOBER 2009

 

5

SF1075

15/10/09

Council review staffing requirements & costs for CCP milestones as well as the savings made in 12 months time.

 

DES

October 2010.

?Planet Footprint? engaged for 1 year at a cost of $3,450 to report on energy consumption by site and also to negotiate lower tariff for halls and museums with Country Energy.? Their first report will be to the October 2010 meeting.

Information not received at business paper deadline.

 

1st quarterly report received? - to be reported to Jan 2011 GPC.

 

JANUARY 2010

 

6

SF839

21/01/10

General Manager and Directors be reminded to report on potential revotes at quarterly reviews.

 

GM

On-going.

 

 

 

 


 

FEBRUARY 2010

7

SF1471

18/02/10

Council canvass option on reducing Councillor numbers in the next customer survey

 

GM

Provision for Customer Survey made in 2010/2011 budget.? Jetty Research has been engaged.? Tentative booking made for late October/November.? Draft questions circulated and comments being received.

 

Questions have now been finalised and circulated to Councillors.? Survey commences on Monday 11/10 and should be completed within two weeks.

 

Survey completed. Presentation of findings at 17 November GPC.

 

MARCH 2010

8

SF1031

15/04/10

A report comes to Council in 6 months time to review the take up rate of the new tank rebate and identify any Council buildings where a rainwater storage tank could be installed.

 

DEP

Report to November 2010 GPC.

MAY 2010

9

SF98

20/05/10

Road naming ? item be deferred so that Unkya LALC can be consulted regarding appropriate local Aboriginal names.

 

DES

No response at this stage.

Developer has asked Council to select names.

List of default names being developed by MTS.

Report to Council on 18 November 2010.

10

SF820

20/05/10

Quarterly performance review be presented to Clrs for comment at the first Council meeting of the month; with comments to be received by the next business paper deadline; and with the Performance review + Councillors comments to be considered at the following GPC.? Also dot points be replaced with no?s & an electronic copy to be provided to those Councillors who want it.

 

GM

On-going

 

Report was ready for Nov GPC but didn?t comply with Council?s resolution for circulation to the first meeting of the month.

11

SF46

20/05/10

Council consider becoming a member of the NSW Cemetery and Crematoria Association in 12 months time.

 

DEP

Report in May 2011.

JUNE 2010

12

SF358

3/06/10

In relation to the Macksville Memorial Aquatic Centre, that Council receive a report on funding sources for the projected expenditure which will be required to maintain the facility.

 

GM

August 2010.

Deferred to September.

Discussions commenced with S94 Coordinator.? Grants Officer will investigate external grant options further.? November 2010.

 

Deferred to incorporate with Asset Management Plan for Pool.

JULY 2010

13

SF1487

1/07/10

Complaint regarding lack of access at the Salvation Army Thrift store in Macksville be investigated and planning staff advise whether a DA was required for the change of use and whether there were any conditions regarding wheelchair access.

 

DEP

Matter being investigated.

Discussion with operators regarding the construction of a ramp underway.

 

Operators to install ramp as funds become available.

14

SF755

15/07/10

That Council defer a decision on demolition of the old amenities at Coronation Park to allow the Junior and Senior Rugby League Clubs to put their proposed business plan to Council explaining the uses, and how the work and ongoing maintenance is to be funded.

 

DES

Awaiting response from Clubs by the Committee of Management.

Committee submitted proposal for retention of amenities.

 

Report deferred to November to allow for further consultation with the clubs.

15

SF1528

15/07/10

GIPA ? review policies and prepare registers by August 2010, define open access information by September 2010, complete publication guide and submit to OIC by October 2010, upload all information to web by November.

 

GM

Review of policies and preparation of registers underway.

 

See item in GPC business paper for November 2010.

 

 

16

SF638

15/07/10

Council formulate a plan of management for land which is occupied by the Valla Beach Pre-School.

 

GM

Scheduled for October 2010.

Deferred to November 2010.

 

Pre School unable to secure an easement over adjoining land for maintenance of bushfire buffer.? Plan of Management to be prepared following resolution of Pre School extensions.

 

17

SF15

15/07/10

That a report goes to Council on the response to the tender for suitable parties to operate the saleyard under a long term lease arrangement.

 

GM

December 2010

 

Refer to new resolution of 4 November 2010.

18

SF218

15/07/10

Council review investigations to extend sewer to the Lower Nambucca and investigate effluent disposal issues in Eungai.

 

GM/

DEP

Letter sent to owners in Lower Nambucca.? Briefing and discussion with property owners to be arranged.

DEP to investigate Eungai.

De Groot Benson contacted concerning a meeting date.?

 

AUGUST 2010

19

PRF71

19/08/10

Council?s Ranger to continue surveillance of the Skate Park and provide another report on the outcome of the surveillance.

 

DEP

Report 18 November 2010

 

Defer to 2 December 2010.

20

SF382

19/08/10

That Council meet with the Minister for Lands to discuss major issues re Scotts Head Master Plan (semi-permanents and maintenance of day area)

 

GM

Letter sent on 25 August 2010 to Minister requesting delegation (Trim 20792/2010)

 

No response as at 12 October 2010.

 

Reminder letter sent on 26 October 2010.

 

No response from Minister.? Report to GPC on 17 November 2010.

 

21

SF382

19/08/10

Council hold a workshop in open meeting to discuss and formulate a position to put to the Minister for Lands.? Workshop to select reps to attend delegation to the Minister.

 

GM

Contact being made with Dept. of Lands and other stakeholders (business, community and semi-permanents) about a date.? Proposed to be a special GPC.? Awaiting formal advice from the Dept. of Lands as to whether they will attend a workshop.

Letter to Minister 26 August (Trim 20792/2010)

Letter to Bob Birse 31 August (Trim 21179/2010)

No response to either letters above as at 6/9/2010.

Follow up email sent to Land and Property Authority (Dept. of Lands) on 20 September 2010.

Further follow-up email sent to Land and Property Authority on 28 September 2010.

Land & Property Management advise that a submission has been made to the a/g Director North regarding the Authority?s attendance at the proposed workshop.? Council to be formally advised of the acting Director?s decision.

Still no response as at 11 October despite following the matter up on several occasions.? If Land and Property decline to attend a workshop, there will be a report to Council to finalise action based on the written advice which has been received from the Authority.

Letter received.? To be reported to November 2010 GPC.

 

22

PRF54

19/08/10

Boultons Crossing Reserve ? matter be deferred and CoM be notified of Council?s intention to seek an expression of interest from the NPWS to manage the reserve.

 

GM

Letter sent 25 August 2010.

 

No response as at 11 October 2010.

 

Response received on 27 October 2010.? To be reported to Council on 18 November 2010.

SEPTEMBER 2010

23

SF1471, SF611

2/9/2010

Write to Minister for Local Govt requesting that the LG (manufactured Home Estates etc) Regulation 2005 be amended to require proposals to locate new dwellings in caravan parks to be notified to council prior to placement

 

DEP

Letter sent on 10/9/2010.

 

No response as at 26/10/2010.

Response received from Minister for Local Government 5 November 2010 advising that the matter has been referred to the Minister for Planning for consideration. See Trim document 27096/2010 attached

 

24

SF725

16/09/10

Council write to Minister for Roads, RTA and Local Traffic Committee re review of speed limit on Pacific Highway b/w Nambucca Heads and Burkes Lane and a median barrier.? Also Traffic Committee be asked to declare section a black spot.

 

GM

DES

Letters? sent on 20/10/2010

 

Listed for Traffic Committee 5 October 2010.

 

Listed for December 2010 meeting.

25

SF959

16/09/10

In regard to item 1 ? Riverside Drive ? GHD be requested to expedite completion of the project and provide a time line for same.

 

DES

Due weekend 1 October and report to Council 21 October 2010.

 

Options report received detail design and costing by 26 November 2010.

 

26

SF741

16/09/10

That a further report on the Paveline operations be prepared for the half year July 2010 to December 2010 for comparison with the same period in the previous year.

 

DES

Report in February 2011

27

SF741

16/09/10

Council pursue the potential of recovering the cost (of the enlarged sludge lagoon at the Nambucca Heads STP) from the Public Works Department.

 

GM

Contracts have been reviewed and a letter containing a claim has been sent to the PWD on 29 September 2010.? Response received from PWD on 11 October denying liability.? Meeting to be held on 28 October 2010.? Awaiting finalisation of a design for bank of sludge lagoon.

28

T030/2010

16/09/10

Council receive a report outlining the advantages and disadvantages of using contracted traffic control compared to Council staff.

 

DES

To be reported as part of the Organisation Review in December 2010.

OCTOBER 2010

29

SF182

7/10/10

Council write to State Opposition and ask them whether they would be willing to support an on stream dam as opposed to an off stream dam.

 

GM

Letter sent 12 October 2010.

 

No response.? Report to GPC on 17 November on both an on and off stream dam.

30

RF275

7/10/10

Council seek the approval of the RTA to funding a Value Management Workshop for the Bellingen Road with representation as resolved.

 

GM

Letter sent 12 October 2010.? On 25 October RTA Asset Manager advised that a decision by head office should be available in the w/e 5 November 2010.? RTA advised that VM workshop will proceed.? Arrangements currently being made.

31

SF878

7/10/10

Mid North Weight of Loads Group ? further information to be provided on the Group?s activities.

 

DES

Listed for November 2010.

 

Waiting for additional data.? Deferred to Dec 2010.

32

 

21/20/10

Council receive a report on the River Street Foreshore Plan, including staging, and then visit the site with Joan?s Army, Mr Graham Hughes and other interested people.? Alternative options to removing the trees to be considered.

 

DES

To be referred to December GPC.

33

SF90

21/10/10

That Council write to the Traffic Committee requesting information and submissions relating to B Doubles on Old Coast Road so as to have the opportunity to consider the matter before the Traffic Committee makes a final determination.

 

DES

To be reported to 18 November 2010 Council meeting.

34

SF394

21/10/10

Council be provided with advice on details of transfer of funds from ANZ to UBS Wealth Management Australia Ltd.

 

GM

Report to meeting on 18 November 2010.? Advice received on terminating the Macquarie Bank managed fund.? Still awaiting advice on UBS.

35

SF1031

21/10/10

New policies be reported back to Council for determination.

 

GM

January 2011.

36????????????

SF992

21/10/10

Council consider allocation of $20,000 in September 2010 Budget Review for the completion of the SES extensions.

 

DES

Proceeding with replacement of failed unserviceable air-conditioning units $6,000 to $8,000 immediately as an OH&S issue.? $20,000 for extensions to come to September Budget Review in December 2010.

37

SF29

21/10/10

Special workshop on options of running a library service if Council does not continue with the CRL agreement.

 

DEP

Report to 17 November 2010 GPC.

38

SF593

21/10/10

Council make urgent representations to the Minister for Education re urgent attention to drainage and safety issues at the Nambucca Heads High School and Frank Partridge VC Primary School grounds.

 

DES

Letter sent 27 October 2010.

 

Acknowledgement letter received.

NOVEMBER 2010

39

SF1471

04/11/10

That a Saleyard seminar be held for the community after Council has received the report from Council?s Property Officer and prior to making any final decision on the future of the saleyards.

GM

Report scheduled for December 2010.

 

Report scheduled for January 2011.

40

SF1471

04/11/10

Council receive a report regarding pensioner rebates.

GM

Report scheduled for December 2010.

41

SF182

04/11/10

Council defer modelling of water loss from an on river dam at League Creek to the GPC on 17/11/10 and that it be considered in closed.

GM

Report listed in closed for GPC on 17/11/10.

Attachments:

1View

27096/2010 - Item 23 - Response from Minister - Manufactured Home Estates Regulation 2005

 

?

?


Ordinary Council Meeting - 18 November 2010

Outstanding Actions and Reports

 

?


Ordinary Council Meeting

18 November 2010

General Manager's Report

ITEM 8.2????? PRF54????????????? 181110???????? Boultons Crossing (Gumma) Reserve - Future Management

 

AUTHOR/ENQUIRIES:???? Steven Williams, Property Officer ????????

 

Summary:

 

Council recently considered a report on the future management of Gumma (Boultons Crossing) Public Reserve.

 

Council?s resolution was to write to the committee of management seeking their input on the matter.

 

In response the Committee has advised that they seek to continue the management of the Reserve as a Trust. Currently the Crown Reserve Trust manager is Nambucca Shire Council with the operational function delegated to the Committee of Management.

 

The excise of part of the Reserve to the new Gaagal Wanggaan (South Beach) National Park has prompted staff to investigate the operating status of the reserve. A search of Council records indicates that inspection and approval to operate a primitive camping ground has never been issued.

 

The Trust or Committee of Management is therefore required to make application for Approval to Operate a Primitive Camping Ground to ensure continued operation.

 

The Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 1995 will apply, details of which are outlined in this report..

 

 

 

Recommendation:

 

1??????? That Council write to the National Parks and Wildlife Service seeking their expression of interest to co-manage or manage the Reserve and requesting details of the plan of management they would propose for the continued operation of the Reserve as a primitive camping ground and picnic area.

 

2??????? That the response from the National Parks and Wildlife Service be reported to Council

 

3??????? That in the event an approval to operate cannot issue immediately council cease operation of the Reserve as a primitive camping ground.

 

 

 

OPTIONS:

 

1??????? Council can request the Committee of Management to lodge an application for approval and, in due course, submit a section 82 objection to the Department of Local Government for review.

 

 

DISCUSSION:

 

Council is the Reserve Trust manager of Boultons Crossing (R638000) Reserve.

 

The Reserve Trust, through the committee of management, has managed the Reserve as a Primitive Camping Ground comprising up to 22 camp sites on the basis of the total area of the Reserve (11.33ha (28 acres)). The Committee of Management has advised council that they seek to continue management of the Reserve( see correspondence attached).

 

As previously reported part of the Reserve was recently gazetted as National Park thereby reducing the size of the reserve to 1.21ha. The excise of part of the reserve effectively limits the number of permissible camping sites to just two.

 

The Department of Local Government have advised that an exemption from the minimum land size requirements may only be considered on application of a section 82 LGA 1993 objection to standards for current operating approval (or an application for operating approval).? A review of records pertaining to the Reserve however indicates that approval to operate a primitive camping ground has never been issued.

 

To continue operating the Reserve, the Trust or the Committee of Management must now lodge an application for approval to operate a primitive camping ground on the site.

 

The relevant part of the current legislation (Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 1995) is as follows:

 

132 Primitive camping grounds

(1)??????? If an approval to operate a primitive camping ground designates one or more camp sites within that ground, then the maximum number of designated camp sites is not to exceed a mean average of 2 for each hectare of the camping ground (where that figure is the average calculated over the total area of the primitive camping ground).

(2)??????? The following conditions apply to a primitive camping ground:

 

(a)??????? if the approval to operate the primitive camping ground designates one or more camp sites within that ground?camping is not permitted within the primitive camping ground other than on those designated camp sites,

 

(b)??????? if the approval to operate the primitive camping ground does not designate one or more camp sites within that ground?the maximum number of caravans, campervans and tents permitted to use the camping ground at any one time is not to exceed a mean average of 2 for each hectare of the camping ground (where that figure is the average calculated over the total area of the primitive camping ground),

 

(c)??????? a caravan, annexe or campervan must not be allowed to be installed closer than 6 metres to any other caravan, annexe, campervan or tent,

 

(d)??????? a tent must not be allowed to be installed closer than 6 metres to any caravan, annexe or campervan or closer than 3 metres to any other tent,

 

(e)??????? the camping ground must be provided with a water supply, toilet and refuse disposal facilities as specified in the approval for the camping ground,

 

(f)???????? unoccupied caravans, campervans and tents are not to be allowed to remain in the camping ground for more than 24 hours,

 

(g)??????? if a fee is charged for camping, a register must be kept that contains entries concerning the same matters as are specified in clause 122 and, in addition, that specifies the size of the group (if any) with whom the person listed in the register camped,

 

(h)??????? such fire fighting facilities as may be specified in the approval are to be provided at the primitive camping ground.

 

Nambucca Shire Council as the consent authority would have no option but to reject the application for a primitive camping ground as the number of campsites sought (22), far exceeds the land size land size requirements of 1 campsite per hectare of land without the specific approval under S82 of the Local Government Act 1993.

 

Council or the Committee of Management would need to accompany their application for an Approval to Operate with an application pursuant to Section 82 of the Local Government Act 1993, seeking the Director General's approval to operate Boultons Crossing Primitive Camping Ground for any additional sites in excess of 2.

 

Council as the consent authority must also have regard to the provision of a water supply, toilet and refuse disposal and fire fighting facilities under s132(2) Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. ?Whilst a detailed review of the requirements has not been completed it is appears that the current amenities alone would preclude Council from issuing an operating approval.

 

The current amenities are dilapidated and in need of replacement. Neither the Trust, nor council, has sufficient reserves to afford the cost of replacement which is estimated at between $150,000 - $200,000 (depending on a design that would meet peak user demand or simply replacing the existing facility -? in either case an upgrade to the septic installation would be required.)

 

Given the lack of resources available to both Council and the Reserve Trust and the clear motivation and financial capacity of the NPWS to maintain the Reserve as a camping ground and picnic reserve, it seems logical to approach the NPWS regarding the future management and upkeep of the Reserve.

 

The many primitive camping grounds already managed by the NPWS are not subject to the provisions of the Local government Act.

 

CONSULTATION:

 

Director Environment & Planning

Manager Health & Building

Manager Assets

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendations do not give rise to any environmental issues, although it should be noted that management of the Reserve by the NPWS would ensure compliance with protocols established by the NPWS.

 

Social

 

There is a long history of the management and use of the Reserves by shire locals. The current committee would ideally like to retain management of the Reserve and to continue operating it under existing arrangements. Consideration will need to be had to the financing of the work required to meet the required standards and further how these funds can be recouped. The committee of management should, given their long history with the Reserve, be included in this process where possible.

 

Economic

 

The recommendations provide an opportunity for council to ensure the continued operation of the reserve without the cost burden of replacing existing facilities and ongoing management.

 

Risk

 

The Recommendations do not give rise to any risks. Council should note however that they are currently overseeing a Reserve which does not meet the minimum standards required by the regulation for the operation of a primitive camping ground.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation do not impact on current budgets

 

Source of fund and any variance to working funds

 

A variance to working funds is not required.

 

 

 

Attachments:

1View

26223/2010 - Response - management of Gumma (Boulton's Crossing) Reserve

 

??


Ordinary Council Meeting - 18 November 2010

Boultons Crossing (Gumma) Reserve - Future Management

 






??


Ordinary Council Meeting

18 November 2010

Director Environment & Planning's Report

ITEM 9.1????? SF1261??????????? 181110???????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 7 September 2010

 

AUTHOR/ENQUIRIES:???? Barbara Parkins, Executive Assistant ????????

 

Summary:

 

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

 

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

 

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

 

 

Recommendation:

 

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

 

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

 

 

 

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

2010/184

06/07/10

Use of rural property for horse breeding and riding school

Lot 1 DP 1016461,? 100 Grassy Road, Bowraville

? Dust and volume of traffic on unsealed road.

? Impact on health from dust

? Level of intensity from use of property understated.

? Noise

Notification expired 13 August 2010.

Applicant requested by letter dated 13 August 2010 to provide additional information to address all aspects of the use of the subject property.

Site visit carried out and new plans to be submitted to address outstanding issues.

Final 7 day letter to provide information or withdraw application issued on 15 October 2010.

See Report in Agenda for GPC

 


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2004/136

Ongoing from Court Decision

11 Lot Rural-Residential Subdivision

Lot 2 in DP 548175, 346 East West Road, Valla

? Dust issues and related health problems

? Clearing of koala habitat

? Impacts on biodiversity

? Threatened Species Act ? 7 part assessment ? doesn?t believe it satisfies it

? Further consideration should be given to soil testing and endangered species

Further additional information received by letter dated 30 July 2010. DA readvertised and renotified until 13/9/10.

Request further information from applicant on 22 September.

Response received indicating information should be with Council by 29/10/10.

Further information received from Applicant. Matter now referred to DoP and Rural Fire Services 8/11/10

 

2010/230

20/09/10

Dwelling-House Additions

Lot 117 DP 711481, 44 Raleigh Street, Scotts Head

? Closeness of rear bedrooms to neighbouring property

? Impact of noise from the Gym

? Inclusion of windows and door on western elevation

? Concern whether ?gym? area is to be used for accommodation

Appropriate conditions will be applied to? the use of the gym and other issues raised? will be investigated in the assessment of the application.

To be determined by mid-November.

 

2008/242
2006/056
2006/092
2006/198
2007/056

Modification

02/09/10

Subdivision Modifications

Lot 34 DP 1042500, 80 Upper Warrell Creek Road, Macksville

? Original fencing requirements to be maintained

? Height limits on Lots 61-66 and distances from common boundary ? for privacy and security

? Encroachment to be dealt with

? Sewer to be available to all lots

? There is more than enough land on the market at present not sold ? do not release any further lots

? Run-off from properties ? drainage issues already exist

Concerns will be dealt with in the assessment of the applications.

Meeting to be held with applicant and consultants to discuss a number of matters.

 

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting

18 November 2010

Director Environment & Planning's Report

ITEM 9.2????? SF1261??????????? 181110???????? DA's and CDC's Received and Determined under Delegated Authority 13-25 October 2010

 

AUTHOR/ENQUIRIES:???? Barbara Parkins, Executive Assistant ????????

 

Summary:

 

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

 

 

Recommendation:

 

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

 

 

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENT APPLICATIONS RECEIVED
25 OCTOBER-4 NOVEMBER 2010

 

DA Number

Application Date

Development

Address

2010/661

29/10/2010

Fibreglass swimming pool & landscaping

Lot 15 DP 1076134, 21 Langford Way, Valla Beach

2010/253

25/10/2010

Glass Enclosure

Lot 56 DP 260426, 8 Hibiscus Crescent, Nambucca Heads

2010/254

25/10/2010

Erection of new industrial building for bakery and shop

Lot 66 DP 790038, 31 Yarrawonga Street, Macksville

2010/255

26/10/2010

Extension to existing dwelling - New deck, carport, bathroom, study, laundry, lounge/dining renovation and new septic system

Lot 212 DP 834399, 13 Currawong Road, Allgomera

2010/256

01/11/2010

Machinery Shed

Lot 2 DP 1119448, 43 Wirrimbi Road, Wirrimbi

2010/257

02/11/2010

2 Tables and 4 Chairs

Lot B DP 316099, 68 High Street, Bowraville

2010/258

02/11/2010

Dwelling Additions - create additional rooms underneath dwelling-house

Lot 2 DP 817441, 29 Eggleton Street, Hyland Park

2010/259

02/11/2010

Stage 2 Subdivision (Community Title)

Lot 98 DP 262590, 99 Mann Street, Nambucca Heads

2010/260

04/11/2010

Extend roof west verandah and roof over east verandah deck

Lot 1 DP 250789, 28 Charlton Street, Nambucca Heads

 

 


DEVELOPMENT APPLICATIONS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY 25 OCTOBER-4 NOVEMBER 2010

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

2010/251

Lot 1 DP 864618, 192 Talarm Road, Talarm

Glass Enclosure

17,980

2010/248

Lot 22 DP 1075284, 187 Sullivans Road, Valla

Patio Cover

10,320

2010/126

Lot 1 Section 47 DP 758749, 50 Charlton Street, Nambucca Heads

Deck

15,000

2010/906

Lot 101 DP 776168, 696 Grassy Head Road, Grassy Head

Rural-Residential Subdivision MODIFICATION

0

2010/190/01

Lot 6 DP 1013148, 11 Birugan Close, Valla Beach

Carport MODIFICATION

11,100

2010/223

Lot 5 Section C DP 6379, 48 Main Street, Eungai Creek

Relocate Dwelling-House and Additions/Alterations

45,000

2010/243

Lot 13 DP 654087 & Lot 14 DP 654086, 37 Cooper Street, Macksville

Shop fit-out for Subway outlet

90,000

2010/249

Lot 1 DP 434625, 111 Rodeo Drive, Macksville

Annex to existing Shed

18,000

2010/231

Lot 7 DP 1034214, 142 Ocean View Drive, Valla Beach

Dwelling & Shed

266,396

2010/214

Lot 11 DP 285180, 11 Sanctuary Place, Hyland Park

Dwelling Additions

45,000

 

COMPLYING DEVELOPMENT ? NIL DETERMINED

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

18 November 2010

Director Environment & Planning's Report

ITEM 9.3????? SF1261??????????? 181110???????? DEP Applications and Statistical Reports July 2010-June 2011, 2002-2010 and Certificates Received 2004-2010

 

AUTHOR/ENQUIRIES:???? Barbara Parkins, Executive Assistant ????????

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2009-2010 compared with 2008-2009 and Certificate Applications received and determined are provided in the body of the report.

 

 

Recommendation:

 

1????????? That Council note development application statistics and processing times for July 2010-June 2011 compared with July 2009-June 2010.

 

2????????? That Council note Occupational Certificate released for the years 2004 to 2010.

 

3????????? That Council note the statistical information for Applications and Certificates received by Council for 2004-2010.

 

4????????? That Council note the statistical breakdown of development applications thus far for the current year beginning 1 January 2010.

 

 

Development Application Statistics

 

The figures show a 9.64% increase in the number of DA?s received to October 2010 with construction costs increasing by 55.55% compared to the same period in 2009/2010. The total number of DA?s/CD?s approved for the month of October was 16 plus 3 modifications.

 

DA?S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

July 2009-Oct 2009

$8,002,442

75

81

July 2010-Oct 2010

$18,002,457

83

73

 

 

 

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 2010

Month

Mean Time

Median

#Average age of DA?s (Days)

Average

Highest

Lowest

January

64.63

38.00

89.75

287

38

February

30.29

22.00

38.92

75

6

March

38.88

27.00

56.56

203

1

April

37.00

34.00

42.42

88

6

May

36.00

34.43

67.8

301

6

June

34.31

36.00

54.47

122

1

July

33.67

35.00

42.13

95

10

August

36.00

37.00

50.20

102

12

September

29.06

27.00

48.06

156

26

October

34.94

16.00

52.25

229

2

 

 

 

 

 

 

 

 

 

 

 

 

 

#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

4

3

2

11

3

2

7

4

7

59

2009 Council

1

3

2

2

3

2

2

2

5

5

3

2

32

2010 Private Cert

3

6

6

3

4

0

12

1

2

1

 

 

38

2010 Council

3

6

2

1

2

1

9

3

1

2

 

 

30

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (October)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2004

280

704

196

2005

213

613

145

2006

239

612

177

2007

231

632

183

2008

231

583

146

2009

206

649

140

2010

180

566

112

 

OCCUPATION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

2004

11

15

17

20

18

20

20

17

16

23

26

30

233

19.41

2005

10

28

29

18

26

12

14

28

26

24

19

18

252

21.00

2006

26

26

12

20

27

24

20

18

25

23

10

15

246

20.50

Private
2007

1

0

0

3

7

5

3

2

3

2

9

5

40

3.33

Council
2007

6

20

14

7

22

13

12

10

14

13

8

12

151

12.58

Private
2008

4

0

4

2

4

5

5

8

7

11

4

7

61

5.08

Council
2008

12

16

9

9

29

12

19

25

16

20

17

13

197

16.41

Private
2009

1

4

5

3

2

3

10

4

7

7

9

6

61

5.08

Council
2009

21

11

19

14

14

15

10

17

13

20

16

12

182

15.16

Private
2010

4

4

12

2

7

2

4

5

7

1

 

 

48

5.33

Council
2010

10

14

9

12

11

7

11

7

6

3

 

 

90

9.00



Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

18 November 2010

Director Environment & Planning's Report

ITEM 9.4????? SF1148??????????? 181110???????? Contract Regulatory Officer's Report October 2010

 

AUTHOR/ENQUIRIES:???? Phillip Gall, Manager Health and Building ????????

 

Summary:

 

The following is the Contract Regulatory Officer?s Report for October 2010.

 

 

Recommendation:

 

That the report from the Contract Regulatory Officer for October 2010 be received and noted by Council.

 

 

 

Dogs

Total

Total

Seized

 

10

Returned to Owner

5

 

Impounded

5

 

Total Seized

10

10

Breakdown

Total

Total

Seized

 

10

From Previous Month

 

2

Stolen Dog Recovered

 

0

Released to Owner

0

 

Returned to Owner

5

 

Euthanized

6

 

Currently in Pound

1

 

Sold

0

 

Stolen from Pound

0

 

Total in Pound

12

12

Dumped

3

 

Surrendered

0

 

 

 

Cats

Total

Total

Seized

 

2

Returned to Owner

0

 

Impounded

2

 

Total Seized

2

2

Breakdown

Total

Total

Seized

 

2

From Previous Month

 

1

Released to Owner

0

 

Returned to Owner

0

 

Euthanized

3

 

Currently in Pound

0

 

Sold

0

 

Escaped from Pound

0

 

Total in Pound

3

3

Dumped

0

 

Surrendered

1

 

 


 

Cattle

Breakdown

Total

Seized

 

0

Returned to Owner

0

 

Impounded

0

 

Total Seized

0

0

 

 

Kilometres travelled

2,986

 

 

CSR?s (Customer Service Requests) Actioned ? Not including Merit

57

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

18 November 2010

Director Environment & Planning's Report

ITEM 9.5????? SF1406??????????? 181110???????? Delegation from Joint Regional Planning Panel to General Manager for Specified Applications

 

AUTHOR/ENQUIRIES:???? Greg Meyers, Director Environment and Planning ????????

 

Summary:

 

Council will recall dealing with a report at its 3 June 2010 meeting in regard to advice from the Department of Planning that they have completed an Interim Review of Operation for the Joint Regional Planning Panels (the Review) and sought Council's consideration of some of the recommended actions in regard to returning certain Applications back to an appropriate Council Officer.

 

Council subsequently resolved as follows:

 

1???? That Council advise the Department of Planning that it considers that any delegation from the Chair of the Joint Regional Planning Panel can only be to the Council who in turn delegate the relevant functions to the General Manager.?

 

2???? That Council advise the Department of Planning that it does not support the delegation to Council for Section 96 (1A) Modifications that have been previously approved by the JRPP but opposed by Council.

 

3???? That Council advise the Department of Planning that it does support the delegation to Council for:

?????? "Designated Development" with a Capital Investment Value of $5 million or less, whether or not submissions/objections have been received and the Assessment report recommends approval;

?????? "Straightforward Applications" where no submissions have been received and the Assessment report recommends approval;

?????? "Areas and Precincts" whether or not submissions/objections have been received, where the proposal is in strict accordance with the detailed planning designs/guidelines and the Assessment report recommends approval.

 

4???? That Council's Planning Department put together the detailed Planning Designs/guidelines for the Liston Street, Ridge/Bowra Street precincts in Nambucca heads and the Matthews Street precinct in Scotts Head.

 

5???? That Council continue to put its objections to the establishment of the JRPP?s.

 

A letter was sent to the Department advising them of Council's position see attached.

 

Notwithstanding Council is now in receipt of advice that the Minister has authorised approval for the Chair of the Northern JRPP to delegate certain functions back to Council through an appropriate Officer see.

 

This report is to seek Council's position in regard to any further sub-delegation as proposed by the recommendations of the review.

 

Recommendation:

 

That Council advise the Department of Planning that it will delegate to the appropriate Council Officer the following applications referred to it by the JRPP:

 

a??????? "Designated Development" with a Capital Investment Value of $5 million or less, whether or not submissions/objections have been received and the assessment report recommends approval;

b??????? "Straightforward Applications" where no submissions have been received and the assessment report recommends approval;

 

c??????? "Areas and Precincts" whether or not submissions/objections have been received, where the proposal is in strict accordance with the detailed planning designs/guidelines and the assessment report recommends approval.

 

 

OPTIONS:

 

1????????? Council may choose to maintain its previous position that the delegation be retained by Council and those applications as outlined be dealt with by Council; or,

 

2????????? Council could choose to sub-delegate the functions to the General Manager who would further delegate to the appropriate Officer of Council ie Director Environment and Planning and/or Manager Planning and Assessment.

 

 

GENERAL MANAGER?S COMMENT:

 

There is an important issue at stake being the democratic authority of the elected Council to determine significant development applications which affect our community.? Council had previously opposed the establishment of the JRPPs and the State Government proceeded regardless.? Now that the JRPPs have been in operation, the State Government is seeking to amend their operation to overcome delays, notwithstanding that their introduction was to reduce delays.? However, they now propose to introduce a further change in the system by bypassing the democratrically elected Council to vest delegated authority directly to an unelected official.? This is being argued as consistent with the theme of ?depoliticising the planning system?.

 

However, the planning system is a mixture of science and values.? To this extent there has been and there always will be ?politics? in Town Planning.? A community?s values are best represented by an elected Council and not unelected staff.

 

Besides this theoretical critique, it is simply impractical to delegate authority for contentious applications directly to a staff member.? Some of these Council staff will be on contract employment but regardless, there is likely to be unacceptable pressure on the particular staff and similarly, the public will percieve Counillors to be ineffective.

 

The State Government created the JRPP process and they should either continue with it or delegate power to Council as per the Local Government Act and not create another hybrid.

 

My recommendation would be that the Council only agree to delegations coming to the elected Council and not directly to staff.? It will be a matter for Council as to what, if any, applications they delegate to staff but we already have in place a call-in arrangement which is working satisfactorily.

 

DISCUSSION:

 

Joint Regional Planning Panels (JRPP's) were established and took effect on 1 July 2009, some 17 months ago. Nambucca Shire Council only recently received its first application which has been referred to the JRPP. However, the Mayor and Director Environment and Planning who are the Kempsey Shire Council appointed delegates on their JRPP have attended and dealt with three applications.

 

The Department of Planning advised back in May 2010 that they had completed an Interim Review of Operation for the Joint Regional Planning Panels (the Review) which identified a number of amendments and operational changes. These proposals were identified through Planning Circulars (PS 10_008 and PS 10_009) and a comprehensive publication detailing the Review of JRPP.

 

Both the Minister for Planning, Tony Kelly MLC and Deputy Director-General, Development Assessment and Systems Performance, Richard Pearson sent Council letters seeking Council's support for some specific applications to be returned to Council. It was proposed "that the Regional Panel Chairs delegate Regional Panel applications in three circumstances but only where Council has agreed that these applications will be determined by appropriate senior staff and not by full Council or Council Committees, consistent with the theme of depoliticising the planning system".

 

Council subsequently considered this matter at its 3 June 2010 Ordinary meeting. The resolutions from that meeting are provided in the summary section of this report (see above). Following the meeting a letter was sent to the Department clearly outlining Council's resolutions.

 

Council is now in receipt of correspondence from the Chair of the Northern JRPP Mr Garry West, advising that the Minister has authorised the delegation to be issued to each of the Council's in the Northern JRPP area.

 

There appears to be a slight anomaly in that Council has been identified as agreeing to sub-delegate to? Officer level when in fact Council advised that:

 

I advise that Council considered the proposed amendments at its meeting of 3 June 2010 when Council resolved to reiterate its opposition to the removal of local planning powers through the establishment of JRPP?s. Council also resolved to advise that it is of the view that there is no legislation enabling the Chair of the JRPP to delegate to an Officer of Council as the only delegation can come to Council and it will determine who any delegation will be extended to.

 

Notwithstanding, Council resolved:

 

2??????? That Council advise the Department of Planning that it does not support the delegation to Council for Section 96 (1A) Modifications that have been previously approved by the JRPP but opposed by Council.

 

3??????? That Council advise the Department of Planning that it does support the delegation to Council for:

 

????????? "Designated Development" with a Capital Investment Value of $5 million or less, whether or not submissions/objections have been received and the Assessment report recommends approval;

????????? "Straightforward Applications" where no submissions have been received and the Assessment report recommends approval;

????????? "Areas and Precincts" whether or not submissions/objections have been received, where the proposal is in strict accordance with the detailed planning designs/ guidelines and the Assessment report recommends approval.

 

Notwithstanding, the matter? is presented to Council to determine if it intends to delegate this function to the General Manager who may further delegate the function to the Director Environment and Planning and the Manager of Planning and Assessment who would process and assess the application on merit and utilise the delegation to determine the matter without being presented to Council.

 

Should Council not wish to sub-delegate then it should advise the Chair of the Northern JRPP of its decision.

 

It is considered however that the previous advice to Council remains valid in regard to delegation to Officer level and are repeated below:

 

Delegation for Section 96 (1A) Modifications that have been previously approved by the JRPP but opposed by Council is not supported.

 

Delegation for "Straightforward Applications" where no submissions have been received and the Assessment report recommends approval is supported.

 

Delegation for "Designated Development" with a Capital Investment Value of $5 million or less, whether or not submissions/objections have been received and the Assessment report recommends approval is supported.

 

Delegation for "Areas and Precincts" whether or not submissions/objections have been received, where the proposal is in strict accordance with the detailed planning designs/guidelines and the Assessment report recommends approval is supported.

 

 

CONSULTATION:

 

General Manager

Chair of the Northern JRPP Mr Garry West

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts with this report

 

Social

 

Removal of the Elected Representatives from the Development Approvals process may not be supported by all ratepayers.

 

Economic

 

There are no economic impacts with this report

 

Risk

 

The processing Officer may be exposed to unacceptable pressures where a developments is approved but not necessarily supported by all elected representatives and community members.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil impact.

 

Source of fund and any variance to working funds

 

No variation.

 

Attachments:

1View

13996/2010 - Advice of Council's resolutions of 3 June 2010 in relation to JRPP's

 

2View

27332/2010 - Proposed Delegations to Councils Officers - Nambucca - Request for written consent to endorse resolutions

 

??


Ordinary Council Meeting - 18 November 2010

Delegation from Joint Regional Planning Panel to General Manager for Specified Applications

 

Enquiries to:???? Mr Meyers

Phone:??????????? 02 6568 0229

Our Ref:????????? SF1406

 

 

 

8 June 2010

 

 

 

Mr Richard Pearson

Deputy Director-General

Development Assessment and Systems Performance

PO Box 39

SYDNEY? NSW? 2001

 

Dear Mr Pearson

 

JOINT REGIONAL PLANNING PANELS ? REVIEW AND PROCEDURE AMENDMENTS

 

I refer to your letter of 19 May 2010 advising of the Department?s recent review of operations for the Joint Regional Planning Panels.

 

I advise that Council considered the proposed amendments at its meeting of 3 June 2010 when Council resolved to reiterate its opposition to the removal of local planning powers through the establishment of JRPP?s. Council also resolved to advise that it is of the view that there is no legislation enabling the Chair of the JRPP to delegate to an Officer of Council as the only delegation can come to Council and it will determine who any delegation will be extended to.

 

Notwithstanding, Council resolved:

 

2??????? That Council advise the Department of Planning that it does not support the delegation to Council for Section 96 (1A) Modifications that have been previously approved by the JRPP but opposed by Council.

 

3??????? That Council advise the Department of Planning that it does support the delegation to Council for:

 

???????????????? "Designated Development" with a Capital Investment Value of $5 million or less, whether or not submissions/objections have been received and the Assessment report recommends approval;

???????????????? "Straightforward Applications" where no submissions have been received and the Assessment report recommends approval;

???????????????? "Areas and Precincts" whether or not submissions/objections have been received, where the proposal is in strict accordance with the detailed planning designs/guidelines and the Assessment report recommends approval.

 

Council?s Planning Department will put together a package of the detailed Planning Designs/Guidelines for identified ?Areas and Precincts? where very detailed planning exists within Nambucca Shire.

 

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:bp

?


Ordinary Council Meeting - 18 November 2010

Delegation from Joint Regional Planning Panel to General Manager for Specified Applications

 



















?


Ordinary Council Meeting

18 November 2010

Director Environment & Planning's Report

ITEM 9.6????? SF1409??????????? 181110???????? Local Growth Management Strategy - Employment Lands

 

AUTHOR/ENQUIRIES:???? Grant Nelson, Strategic Planner ????????

 

Summary:

 

The purpose of this report is to present to Council the results of the public exhibition of the Draft Local Growth Management Strategy - Employment Lands to Council in order to endorse the draft strategy for approval by the Department of Planning.

 

Councillors are asked to bring their previously circulated copies of the Strategy with them to the meeting.

 

 

Recommendation:

 

Pursuant to the requirements of the Mid North Coast Regional Strategy, Council forward the Local Growth Management Strategy ? Employment Lands Component to the Department of Planning for approval.

 

 

OPTIONS:

 

Council not endorse the Draft Strategy.

 

 

DISCUSSION:

 

Background

 

The Mid North Coast Regional Strategy requires each local government area to prepare a Local Growth Management Strategy to coordinate the release of land for Rural Residential, Residential and Employment Lands. The Department of Planning has provided guidelines to ensure that Local Growth Management Plans are prepared in a consistent manner and address all relevant issues to the varying land uses.

 

Council has completed the Rural Residential component of our Local Growth Management Strategy. The employment lands component is the second phase of our Local Growth Management Strategy.

 

On the 4th June 2009 Council resolved to engage GHD and the AECgroup to prepare our Employment Lands Strategy component subject to funding being made available by the Department of Industry and Investment. The Department of Industry and Investment agreed to fund approximately 50% of the project costs and GHD was formally engaged in November 2009.

 

The draft Local Growth Management Strategy Employment Lands component has been prepared and exhibited. Council received no comments on the draft strategy from Councillors or the public during the exhibition period.

 

Purpose and Content

 

The main purpose of this project is to take a long term approach to identifying the optimal location for land to be developed for employment purposes, and to identify the most efficient method of implementing the release of land in Agreed Growth Areas under the Mid North Coast Strategy. The Strategy will assist Council to prepare an appropriate planning framework (DCP and LEP amendments) to attract employment generating uses into the LGA.

 

The strategy was developed under the following Parts:

 

Part 1 - Introduction and Context: provides background to the project, location context as well as a strategic and statutory context.

 

Part 2 - Analysis: describes the current situation with regards Nambucca Shires employment lands, including identification of opportunities and weaknesses, provides the economic context, identifies current market trends, and discusses opportunities and challenges affecting employment, identifies future employment land needs based and how those needs could be satisfied.

 

Part 3 - Strategy and Implementation: provides a detailed Strategy that outlines a policy framework, detailed locality concepts especially Agreed Growth Areas and implementation program to provide for an adequate supply of employment lands for Nambucca to 2051.

 

Key Outcomes

 

Key outcomes of the strategy are identified below:

 

?????????????? Based on census data, annual average growth for the last 25 years has been 1.7%. Future population growth is predicted in the range of 0.4 % to 1.6% per year.

?????????????? The Strategy analyses the existing Nambucca Shire economy as well as any opportunities for the future. Nambucca is underrepresented in the transport and logistics, storage sector and the knowledge-based services industries.

?????????????? Nambucca Shire is currently overrepresented in population-servicing industries, typically characterised by low value-adding, low productivity and limited opportunities to move up the value chain (for example personal services and cafes and restaurants).

?????????????? The manufacturing sector is seeking locations with low land cost, low transport costs and low labour costs. Industries requiring larger sites are therefore seeking locations away from the inner city areas to green field sites with good transport infrastructure and accessibility.

?????????????? There has been a growing emphasis on logistics and distribution, with the supply chain from production to delivery effectively becoming shorter and more efficient. The role of manufacturing with warehousing may be combined whilst the retail stage may be reduced. Many functions (sales/ admin/ warehouse/ distribution) will increasingly take place under the one roof. This could potentially be a significant niche for the Nambucca Shire.

?????????????? There are currently four zoned industrial areas in Nambucca Shire under Nambucca Shire LEP 1995, covering a total of 88.91 ha. The Strategy estimated that a supply of between 38 ha to 93 ha of land would be required to satisfy the medium to long term needs for Nambucca Shire.

?????????????? If Council wants to maintain a significant stock of zoned industrial land in order to provide a variety of development locations it will need to commence replenishing land stocks through the rezoning process within the next 5 years.

?????????????? This Strategy identifies a number of locations that may be suitable for further investigation. This includes Valla Urban Growth Area (Area 1), Lower Nambucca (Area 2), Macksville South (Area 3) and Macksville South 2 (Area 4).

?????????????? Valla Urban Growth Area (Area 1) is in the vicinity of the proposed Pacific Highway, just north of Nambucca Heads. It has been identified in the Mid North Coast Regional Strategy as an agreed growth area. The site is undulating and has been largely cleared by existing rural uses. The area is dissected by the two creek lines and the north and south are bounded by ridge lines. The strategy has examined this area in more detail and has identified a total of 82.61 ha for industrial land which has been divided into several precincts for further investigations.

?????????????? Approximately 34Ha or 15 years supply being recommended for release in the Valla Urban Growth Area for the short/medium term.

?????????????? Identification of land for a future highway service centre in the Valla Urban Growth Area and Nambucca Highway Interchange.

?????????????? There is a significant demand for heavy industry within the Nambucca Shire, and suitable long term heavy industry sites could not be identified in this strategy. Originally the Valla Urban Growth Area was being considered for Heavy Industry type developments. However heavy industry in this area would effectively sterilise surrounding lands due to land use conflicts. Although the demand for industrial land use exceeds that of the residential component the resale value of the residential land will make the Valla Growth Area more feasible to developers. Therefore the strategy identifies the Valla Urban Growth Area as being more suited to warehousing, distribution and manufacturing uses. To accommodate heavy industry the strategy encourages spot rezoning be considered on a case by case basis.

?????????????? Retail development is largely confined to the towns of Macksville, Nambucca Heads (including Bellwood) and is currently zoned 3(a) Business under the Nambucca Shire LEP 1995. A? commercial land supply and demand analysis was undertaken for the Shire. The analysis found that there is limited supply of existing commercially used land (shop vacancies) and that there is significant demand over the life of the Strategy for retail and commercial uses.

?????????????? The Strategy therefore recommends an additional 1,700 sqm to 6,800 sqm of commercial office space be incorporated in existing commercially zoned land and proposed new commercial zoned land. It also recommends an additional 37,000 sqm to 67,730 sqm (approximately) of retail space be incorporated in existing commercially zoned land and proposed new commercial zoned land at Macksville, Bellwood and Nambucca.

?????????????? The strategy presents mitigation and optimization strategies to manage opportunities and impacts of the proposed Pacific Highway bypass. It is noted that these strategies have been used as justification for a recent grant funding application;

 

Other Notes

 

?????????????? Readers of this Strategy are cautioned that this document has not been prepared for anyone as a basis for investment or other private decision making in relation to land purchases, sales or other land uses. Nambucca Shire Council recommends that it not be used by anyone in this way.

?????????????? The Strategy has been in preparation since November 2009 and the data presented in the strategy presents a snapshot of information at that the time of collection.

?????????????? The Strategy reinforces a number of changes presently being considered by the Department of Planning in the Nambucca LEP 2010. Many of these have been subject to previous investigations and consideration in the structure Plan or rezoning amendments. Re-visiting or acknowledging these matters is necessary in order to more accurately determine future requirements within the shire.

?????????????? To support actual rezoning of land identified for future land release, such as the Valla Urban Growth Area, more detailed site specific investigations will be required.

?????????????? The final plan can then be reviewed or updated as Council deems it necessary.

 

 

Public Exhibition

 

The Draft Employment Lands Strategy was exhibited from Thursday 26 August to Friday, 24 September 2010. During the exhibition period Council received a number Counter/ phone enquiries, however we did not receive any formal written submissions to the Strategy.

 

Amendments to the Draft Strategy

 

Based on the results of the Exhibition and internal review by staff no amendments have been recommended or made to the strategy.

 

 

CONSULTATION:

 

During the preparation of this Strategy the following staff and Government Agencies were consulted:

Director of Environment and Planning

Manager Planning

Manager Economic Development

Department of Planning

Department of Environment Climate Change and Water

Department of Industry and Investment

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Strategy has included a broadscale constraints analysis suitable for the strategic scope of the local growth management strategy. Where more specific information was available it was used to assist in preparation of the draft report.

 

Social

 

This project will take into consideration existing demographic trends with objectives to ensure employment generation and economic growth is encouraged in the shire.

 

Economic

 

The Employment Lands component of Council?s Local Growth Management Strategy will be developed in accordance with the Settlement Planning Guidelines (Department of Planning, 2008) and the principles contained within the Regional Industry and Economic Plans (RIEP)(Mid North Coast Regional Development Board). The project will aim at delivering a sustainable economic strategy for the shire over the next 30 years.

 

Risk

 

The preparation of a local growth management strategy is a state government requirement under the Mid North Coast Regional Strategy. There is a risk that if the employment lands component is not finalised then future employment land releases may not be permitted, which may result in negative social implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Staff to apply for outstanding grant funds now the project is complete. Implementation of any component of the Strategy by Council will be considered in future budget considerations.

 

Source of fund and any variance to working funds

 

This project was funded through the Department of Planning - Planning Reform Grant and Council's Strategic Planning budget. No variations are sought or required.

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

18 November 2010

Director Environment & Planning's Report

ITEM 9.7????? SF397????????????? 181110???????? SEPP 15 Rural Landsharing Communities

 

AUTHOR/ENQUIRIES:???? Grant Nelson, Strategic Planner ????????

 

Summary:

 

The purpose of this report is to obtain a Council resolution to request SEPP 15 Rural Land Sharing Communities be amended so that it applies to the Nambucca Local Government Area in the absence of multiple occupancy provisions within the Nambucca LEP 2010.

 

 

Recommendation:

 

Council formally request the Department of Planning to amend SEPP 15 Rural Landsharing Communities to apply to the Nambucca LGA.

 

 

OPTIONS:

 

Council may choose not permit Multiple occupancy development within the Shire and take no further action on this matter.

 

 

DISCUSSION:

 

What is a multiple occupancy and Rural Land Sharing community?

 

A multiple occupancy development or rural land sharing community is generally defined as a type of rural development where a group of people, not necessarily related to each other, live on a single property in several dwellings.

 

The purpose of multiple occupancy developments are best summarised by the aims of SEPP 15 Rural Land Sharing Communities which are:

 

(a)????? to encourage and facilitate the development of rural landsharing communities committed to environmentally sensitive and sustainable land use practices, and thus

 

(b)????? to enable:

????????? (i)?????? people to collectively own a single allotment of land and use it as their principal place of residence, and

????????? (ii)????? the erection of multiple dwellings on the allotment and the sharing of facilities and resources to collectively manage the allotment, and

????????? (iii)???? the pooling of resources, particularly where low incomes are involved, to economically develop a wide range of communal rural living opportunities, including the construction of low cost buildings, and

 

(c)????? to facilitate development, preferably in a clustered style:

????????? (i)?????? in a manner that both protects the environment and does not create a demand for the unreasonable or uneconomic provision of public amenities or public services by the State or Commonwealth governments, a council or other public authorities, and

????????? (ii)????? in a manner that does not involve subdivision, strata title or any other form of separate land title, and in a manner that does not involve separate legal rights to parts of the land through other means such as agreements, dealings, company shares, trusts or time-sharing arrangements, and

????????? (iii)???? to create opportunities for an increase in the rural population in areas that are suffering or are likely to suffer from a decline in services due to rural population loss, and

 

It is noted that multiple occupancy developments can not be subdivided below the minimum lot size.

 

Background

 

Clause 17 of the Nambucca LEP 1995 permitted multiple occupancy development within the 1(a1) Rural Zone. In summary, this clause permitted one (1) dwelling per 10ha of land on lots greater than 40ha as long as these dwellings were clustered together and met the requirements of a number of other provisions (a copy of this Clause is reproduced at the end of the report).

 

The Nambucca LEP 2010 which is based on the Standard Instrument Order contains no equivalent provisions for multiple occupancy or land sharing development in rural areas. Therefore, at present a person cannot make an application for multiple occupancy development on rural land within the Nambucca LGA.

 

SEPP 15 Rural Land Sharing Communities

 

State Environmental Planning Policy (SEPP) no. 15 Rural Land Sharing Communities, is a state planning policy which permits multiple occupancy development on rural land. In summary this policy allows multiple occupancy development to occur on rural allotments 10Ha or greater in size, where three (3) or more dwellings are to be constructed and a number of other provisions are met to the satisfaction of Council.

 

This SEPP is the current mechanism used by all of the Councils on the mid north coast to permit Multiple Occupancy Development including Port Macquarie Hastings; Kempsey; Bellingen; Coffs harbour and Clarence Valley. It is presumed that because the Nambucca LEP 1995 contained its own provisions it was unnecessary to apply the SEPP to Nambucca at the time this SEPP was gazetted.

 

Given the new LEP no longer contains multiple occupancy provisions and in order to be consistent with the ?best fit transfer? process staff used to develop the Nambucca LEP 2010 it is suggested Council request that the State Environmental Planning Policy no. 15 Rural Land Sharing Communities is amended to apply to the Nambucca LGA.

 

The amendment would simply require Nambucca to be added to Schedule 1 of the SEPP and would result in persons being able to submit development applications for Rural Land sharing communities in the Nambucca LGA should they meet the requirements of the SEPP.

 

 

CONSULTATION:

 

Director of Environment and Planning

Manager Planning

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Multiple occupancy development allows a greater density of development on rural land and thus is likely to result in greater environmental impact. Nevertheless this may be offset by pooling of resources and provide opportunities for improved land management.

 

Further to this the SEPP contains provisions to ensure the land can sustainably accommodate any proposed multiple occupancy development

 

Social

 

Multiple occupancy development provides opportunities to provide housing opportunities for low income sectors of the community.

 


Economic

 

As above multiple occupancy development provides opportunities to provide housing opportunities for low income sectors of the community.

 

There is unlikely to be any negative economic burden to Council.

 

Risk

 

Multiple Occupancy development has been permissible under the Nambucca LEP 1995 for 15 years with no significant issues being raised. The state policy has similar intentions to the Nambucca LEP 1995 and while both statutory documents provide an opportunity for this type of development to occur a proposal must still be approved by Council under S79c of the EP&A Act through the Development Application Process. In this respect inappropriate development may be refused by Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

 

COPY OF CLAUSE 17, NLEP 1995

 

17?????? What controls apply to multiple occupancy development?

 

 

1??????? This Clause applies to land within Zone No 1(a1).

 

2?????? Nothing in this Clause prevents the carrying out of development, with the consent of the Council, for the purpose of multiple occupancy where:

 

????????? a??????? the land on which the development is carried out has an area of not less than 40 hectares; and

????????? b??????? the development does not exceed one dwelling for each 10 hectares of land; and

c?????? the development consists of individual dwellings or groups or clusters of buildings which together function as dwelling-houses.

 

3??????? In determining a development application for such a consent, the Council must have regard to:

 

a?????? the adequacy of public roads and bridges serving the land in relation to the additional traffic likely to be generated by the development, the cost of upgrading roads and bridges to a standard appropriate to the likely level of traffic and the sources of finance for any necessary road and bridge works;

b?????? the availability of a water supply to the land for domestic, agricultural and fire fighting purposes and, where a proposed water supply is from a river, creek, dam or other waterway, the effect on other users of that water supply;

????????? c??????? the availability of electricity and telephone services;

d?????? the availability of community facilities and services to meet the needs of the occupants of the land;

e?????? whether adequate provision has been made for waste water and garbage disposal from the land;

 

f??????? the impact on the vegetation cover of the land and any measures proposed for environmental protection, site rehabilitation or reafforestation;

g?????? whether the land is subject to bushfires, flooding, soil erosion or landslip and, if so, the adequacy of any measures proposed to protect occupants, buildings, internal access roads, service installations and land adjoining the development from any such hazard;

h?????? the visual impact of the proposed development on the landscape;

i??????? the effect of the proposed development on the present and potential use, including agricultural use, of the land and of other land in the vicinity; and

j??????? the effect of the proposed development on the quality of the water resources in the vicinity; and

k?????? whether resources of gravel or other minerals or extractive deposits will be sterilised by the development.

 

4?????? The Council must not consent to an application for the carrying out of development on land for the purpose of multiple occupancy unless the site plan accompanying the application identifies:

 

a?????? vegetated areas requiring environmental protection or areas where rehabilitation or reafforestation will be carried out;

b?????? any part of the land which is subject to a risk of flooding, bushfire, landslip or erosion or any other physical constraint to development on the land;

c?????? any areas of the land to be used for development other than for dwellings;

d?????? the source and capacity of any water supply, electricity, telephone and waste water and garbage disposal systems for the dwellings;(e) the proposed access from a public road to the area or areas in which the dwellings are to be situated;

f??????? floor and elevation plans of the dwellings;

 

5??????? The Council must not consent to any such development unless:

 

a?????? it has considered a bushfire hazard reduction plan of management for the site area; and

b?????? it is satisfied that the allotments on which the development will be carried out will be consolidated into one parcel.

 

6?????? Whenever development is carried out on land in accordance with a consent granted pursuant to this Clause, the carrying out of the following development on or with respect to that land is prohibited:

 

a?????? development for the purpose of a residential flat building, motel, hotel, caravan park or any other type of holiday, tourist or weekend residential accommodation; and

b?????? subdivision of the land other than subdivision pursuant to Clause 9(2) (paragraph (g) excepted).

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

18 November 2010

Director Environment & Planning's Report

ITEM 9.8????? SF135????????????? 181110???????? Report on SoE submissions from public exhibition and final 2009/10 soe report

 

AUTHOR/ENQUIRIES:???? Jacqui Ashby, Environmental Compliance Officer ????????

 

Summary:

 

The Draft SoE was placed on public exhibition from 14 October to 12 November 2010. At the time of writing no submissions had been received.

 

There was however an submission received prior to the exhibition period that was reflected in the exhibition copy.

 

 

Recommendation:

 

1????????? It be noted there was no submissions received for the Draft 2009/10 Supplementary State of the Environment Report,

 

2????????? That subject to 1 above, Council adopt the 2009/2010 Supplementary State of the Environment Report and forward the final report to reach the Department of Local Government by 30 November 2010.

 

 

OPTIONS:

 

No other option

 

DISCUSSION:

 

A summary of the submissions and Council?s actions have been tabulated below.

 

Page

Number

Proposed Changes/Comments/Questions

Staff Response

1

1.3

2nd dot point ? remove ?that?

4th dot point ? insert ?they?

Done

Done

3

2.1

2nd paragraph:

line 7 ? suggest changing ?support? to ?supporting the?.

line 10 ? after ?to? suggest delete ?the? and change ?maintenance and improvement? to ?maintain and improve?.

 

Support is the correct word

Corrected

 

4

2.3

2nd column

After the first paragraph suggest place ?The aim of the R.E.N.T. course is to provide a free 3-day course for the targeted age group?. [The age group is given in the preceding paragraph.]

In paragraph 3 you refer to Mitre 10. I understand the store has changed its name now.

Done

 

 

 

The new name only happened this financial year not last so technically it was still Mitre 10 but added in brackets now home hardware

5

2.3

1st column, sub-para 4. What is an?are??

Done

 

13

4.3

Para beginning with ?Ongoing ??perhaps should be a sentence. Suggestion: ??Doggie poo? bags and waste bins continue to be provided at popular parks and Shire walks to reduce the amount of dog waste entering waterways.?

Same phrase has been used for 3 years unchanged

13

Table

Is there some way you can explain the major changes to data in consecutive years?

No major changes slight increases and decreases, not worth the explanation.

16

5-3

Column 1 para 5 - spelling of ?bread? needs to be changed.

Column 2

2nd dot point - change ?Freal?.

2nd para ? suggest change ??The land that?? to ?The land on which ??

Done

 

Done

Done

17

2nd column, para after ?www.environment.nsw.gov.au? ? I think that at a recent meeting we agreed to change our advisory committee. I believe we have gone back to the North Coast.

Yes it is correct that in a recent meeting we went back to the north Coast, but that was after 30 June 10. NB the report is for 1 July 09 through to 30 June 10. Next year will explain why we went back.

19

Table

Why the large change in electricity usage?

Data from Engineering Dept, the preceding years data was incomplete and last years data is more representative to our usage until we have the real data from the consultants we cannot explain why.

 

CONSULTATION:

 

Director of Planning and Environment

Manager of Health and Building

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

The Supplementary SoE Report identifies what actions and progress Council has taken towards environmental improvement during the reporting period.

 

Social

The Supplementary SoE Report includes social impacts and initiatives undertaken.

 

Economic

There are no economic impacts.

 

Risk

Risks are a considerable component of the Supplementary SoE Report and need to be considered in relation to the works undertaken, the identified pressures and the risk of the ?do nothing? approach.

 

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

Council provides minimal funding for SoE reporting, relying on work undertaken by Government Agencies and other Council Departments. There is no impact on the current budget, however future initiatives for environmental improvement may very well incur budgetary allocations in the future.

 

Source of fund and any variance to working funds

 

Environmental Levy and a potential for small grants.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

18 November 2010

Director Environment & Planning's Report

ITEM 9.9????? SF265????????????? 181110???????? Review of Rainwater Tank Rebate Scheme

 

AUTHOR/ENQUIRIES:???? Greg Meyers, Director Environment and Planning ????????

 

Summary:

 

Council previously resolved to review its Rainwater Tank Rebate Scheme following the increase and availability for rebates to be provided.

 

Current funding for the rebates scheme is through Council's Environmental Levy and is on top of any rebate that a householder may receive from the NSW State Governments Scheme.

 

The current rebate payable to resident's within Nambucca Shire under Council's Policy is $500 or the original invoiced cost whichever is the lesser.

 

 

Recommendation:

 

1?????????? That Council target the redirection of the $54,600 recently revoted under the Rainwater Tank Rebate Scheme to the installation of rainwater storage tanks, equipment and retrofitting into Council public buildings which would provide operational savings in the General Fund to the benefit of the wider community.

 

2?????????? That Council prepare detailed costing for the purchase and installation of rainwater storage tanks and retrofitting into the non potable fittings such as toilets and urinals at its Administration Centre, the Macksville Senior Citizens and Library complex and the Macksville District Memorial Aquatic Centre.

 

3?????????? That once detailed costing has been prepared a further report come to Council recommending the most appropriate of the three above public buildings for rainwater tank installation and retrofitting.

 

 

OPTIONS:

 

Council could consider other more appropriate water saving projects for the redirection of the revoted funds from the Rainwater Tank Rebate Scheme.

 

Council could choose not to redirect the revoted funds and leave the unexpended funds in the Rainwater Tank Rebate Scheme budget for payments well into the future.

 

 

DISCUSSION:

 

When Council adopted the revised Rainwater Tank Rebate Scheme Policy on 15 April 2010, it resolved that it review the take-up rate in six months following the increased rebate maximum.

 

Since the new Policy was adopted in April 2010 the sum of $8,950 has been paid out in rebates ($4,500 15/04/10 ? 30/06/10 & $4,450 1/07/10 ? 8/11/10), i.e. just over $1,100/month? this financial year.

 

With $20,000 provided in the current year (2010/11) Environmental Levy and similar amount next year it is considered that these allocations will more than cater for the current take - up rate.

 

At the meeting of 4 November Council adopted the June 2010 end of year budget review and identified revotes. In that resolution was the revote of $54,600, being the accumulated balance from the $60,000 for the three previous years in the Environmental Levy.

 

Discussions have been held with Council's Manager of Assets in regard to possibilities for installation of rainwater tanks and connection to a number of public buildings within the shire. The three main water users are identified as the Council Administration Building, Macksville Senior Citizens and Library complex and the Macksville District Memorial Aquatic Centre.

 

Typical Annual water usage is outlined below:

 

1????????? Aquatic Centre 9619 Kilolitres (26.3534 kl p/day), noting that a considerable volume of water would be used to top up the pool through splash and evaporation and backwash whilst an appreciable amount of water would be used through the amenities.

2????????? Council Offices 335 Kilolitres (0.9178 kl p/day)

3????????? Library & Senior Citz (1 Meter services all) 279 kilolitres (0.7644 kl p/day)

 

Whilst detailed costing for the installation and retrofitting have not yet been carried out, it is suggested that Council could redirect some or all of the revoted funds to such installations which would provide a saving in operational costs at venues returning the savings back to General Fund for the benefit of the wider community.

 

In addition to the high water usage buildings, Council could consider other community public buildings not on a water supply i.e. rural halls and remote amenities buildings.

 

It is understood that the unexpended funds from the Environmental Levy may be redirected where Council can demonstrate use of those funds which are aligned to the objectives for the Rainwater Tank Rebate scheme which in part states "..provide financial incentive to install rainwater tank/s to reduce demand on Council's reticulated water supply and storage.."

 

 

CONSULTATION:

 

Manager Assets

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The installation of rainwater storage tanks and positive water use replacement through retrofitting provides a positive environmental impact.

 

Social

 

The installation of rainwater storage tanks and positive water use replacement through retrofitting provides positive environmental and social impacts.

 

Economic

 

The installation of rainwater storage tanks and positive water use replacement through retrofitting provides positive environmental, social and economic impacts for the residents of the shire.

 

Risk

 

There are minimal risks with investigating alternative water storage and water usage opportunities at public buildings. Cross contamination can be addressed through the installation and commissioning phase.

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

It is anticipated that there is likely to be a saving in operational costs at public buildings where rainwater storage tanks are proposed. However this would be further clarified during the costing stage.

 

Source of fund and any variance to working funds

 

The possibility of redirecting the revoted funds of $54,600 under the Rainwater Tank Rebate Scheme would provide the funds. Noting that any proposed works would have to fit under the budget.

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting

18 November 2010

Director of Engineering Services Report

ITEM 10.1??? SF98??????????????? 181110???????? Road Naming South Macksville Urban Release Area

 

AUTHOR/ENQUIRIES:???? Keith Williams, Manager Technical Services ????????

 

Summary:

 

Council has the opportunity to nominate a theme for the naming of public roads within the South Macksville Urban Release Area.

 

The first stage of construction has commenced with initial works consisting 3 roads and 15 residential lots. The potential size of the Macksville Urban Release Area is over 500 lots serviced by approximately 30 internal roads.

 

 

Recommendation:

 

1??????? That Council adopt the road naming theme of Aboriginal names for natural features for the South Macksville Urban Release Area.

 

2??????? That Council endorse the list of Gumbaynggirr road names as prepared for developers to choose from when naming roads within the South Macksville Urban Release Area.

 

 

OPTIONS:

 

1??????? Accept the recommendation

 

2??????? Not accept the recommendation and provide an alternative

 

 

DISCUSSION:

 

South Macksville Urban Release Area has the potential to be a 500 plus lot residential subdivision.? The site is located 3.5km south west of Macksville CBD and serviced by Upper Warrell Creek Road. There is potential for more than 30 internal public roads to provide access to all of the lots.

 

Council has the opportunity to create a road naming theme within the subdivision. A theme for road naming is consistent with other large developments and can help provide a feeling of community.

 

The first stage of construction has commenced with initial works consisting of 3 roads and 15 residential lots. The developers were asked to provide names for the new roads within the subdivision. The initial names submitted were names of family members and the developers were advised the names did not meet the guidelines of the Nambucca Shire Council Streets/Road Naming Policy.

 

Subsequent names were submitted representing weapons and tools used by aboriginal people in the Kakadu area of the Northern Territory.? These names were advertised on the 8 April 2010 for a period of 21 days and Council received no objections.? However, subsequent investigation realised these names were also unacceptable as they are names from another Aboriginal Nation and cannot be used.? The developers were advised accordingly and they have now requested Council select appropriate names and advise them of the outcome.

 

The largest developer in the release has requested that the large internal collector road be named Macksville Heights Estate Drive, and the remaining road names can be selected from the theme nominated by Council.

 

Council may consider Gumbaynggirr Drive or Way to be more appropriate.

Proposed road names are submitted to Council and advertised for a period of 21 days and relevant authorities notified. If no objections are received the General Manager has the authority to grant final approval.

 

The Manager Technical Services offered internal staff the opportunity to submit a theme for road names within the subdivision.? Feedback was varied and some ideas are listed below:

 

?? Past/Deceased Shire Presidents and Mayors

?? Past/Deceased Australian Prime Ministers

?? Australian rivers, mountains or explorers

?? Local birds

?? Melbourne cup winners

?? Monopoly board names

?? Local aboriginal names for natural features

 

The Geographic Names Board of NSW have a preferred list of road name sources, these include:

 

?? Aboriginal names

?? Local History

?? Early explorers, pioneers, settlers and other eminent persons

?? War/Casualty lists

?? Thematic names such as flora, fauna or ships

 

The Muurrbay Aboriginal Language Centre has provided a list of possible names (refer attachment).

 

 

CONSULTATION:

 

Community Development Officer

Muurrbay Aboriginal Language and Cultural Centre

Acting Director Engineering Services

Mayor

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no issues as a result of this report.

 

Social

 

Road Name themes provide residents with a sense of community within the subdivision

The names and signpost provide means of identification.

 

Economic

 

Ongoing maintenance costs of the signs are low if only wear and tear apply. 

 

Risk

 

Poor identifications of addresses can lead to difficulties for emergency services, couriers and services.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The applicants for the new subdivisions will meet all sign costs.


 

Source of fund and any variance to working funds

 

Developers to pay for their signage and no variance to working funds.

 

Attachments:

1View

27115/2010 - Suggested Gumbaynggirr Names for streets in South Macksville

 

??


Ordinary Council Meeting - 18 November 2010

Road Naming South Macksville Urban Release Area

 

Suggested Gumbaynggir Names for streets in South Macksville

 

 

 

Ngayan ? Sun

 

 

Gaywa ? Daylight

 

 

Giidany ? Moon

 

 

Winda ? Star

 

 

Janagan ? Seven sisters or Pleiades

 

 

Birraarl ? Evening star

 

 

Gaarala ? Sky

 

 

Gaara ? Cloud

 

 

Guluun ? Rain

 

 

Giiguy ? Rainbow

 

 

Guuwa ? Fog or Mist

 

 

Waaday ? Hail

 

Wilang (wee lung)? catfish

 

Wurinda (pronounced exactly like its spelt) ? honeysuckle

 

Wulaaran (Wu lar run)? butcher bird

 

Jaawan (jar won) ? lyrebird

 

Waagay (wah gay) ? fire

 

 

?


Ordinary Council Meeting

18 November 2010

Director of Engineering Services Report

ITEM 10.2??? SF90??????????????? 181110???????? Application for B-Double Route from Burgundy Heights Pty Ltd

 

AUTHOR/ENQUIRIES:???? Keith Williams, Manager Technical Services ????????

 

Summary:

 

Council received an application for B-Double routes from Burgundy Heights Pty Ltd dated 6 April 2010.? The proposed routes extend along:

 

Old Coast Road from Pacific Highway to Newee Creek Sawmill via Siding Road and Wirrimbi Road and

Old Coast Road from Siding Road to Jacks Ridge Road

 

Council?s Engineering Designer undertook a review of the proposed routes (copy attached) and after witnessing a field trial of the proposed routes conducted by the applicant on the 3 August 2010, Nambucca Shire Traffic Committee recommended Council conditionally approve the application.? This recommendation was adopted by Council at its meeting on 19 August 2010.

 

Council staff have carried out subsequent community consultation of the application through the local papers with objections to the route closing 24 September 2010.?? Fifteen written objections were received and the matter referred back to the Traffic Committee for further consideration.? At its meeting on 5 October the Committee resolved:

 

That Council defer approval of the B-Double route based on 15 objections received to the proposed B-Double route application from Burgundy Heights Pty ltd on Old Coast Road and seek further advice from RTA Planning and Analysis Unit.

 

Note:? Mr Duffus recommends approval of the B-Double routes.

 

At its meeting on 21 October 2010 Council considered this recommendation and two delegations, one for and one against the proposal.? Council resolved that a further report be prepared for Council consideration prior to final determination by the Traffic Committee.

 

 

Recommendation:

 

That the application for a B-Double route, be refused due to safety issues on unsealed Old Coast Road.

 

 

OPTIONS:

 

a?????? Council approve the application.

b?????? Council approve the application with conditions.

c?????? Council refuse the application.

 

DISCUSSION:

 

Council received an application for B-Double routes from Burgundy Heights Pty Ltd dated 6 April 2010.? The proposed routes extend along:

 

Old Coast Road from Pacific Highway to Newee Creek Sawmill via siding Road and Wirrimbi Road and

Old Coast Road from Siding Road to Jacks Ridge Road

 

A preliminary assessment has been conducted by Council staff who recommended refusal of the application due to the windy road alignment, potential for traffic accidents and potential for extensive use by other B-Double operators.

 

At a meeting on the 1 June 2010 the Nambucca Shire Traffic Committee resolved to invite Burgundy Heights Pty Ltd to conduct a field trial of the proposed routes in conjunction with the next Nambucca Shire Traffic Committee meeting to be held on the 3 August 2010.

 

The field trial involved the Nambucca Shire Traffic Committee members following a semi trailer and then the proposed type of B-Double designated for the route.? The field trial demonstrated there was minimal difference in the tracking of the trucks, with the main concern being the extra time involved in turning into Siding Road.

 

Council resolved to adopt the following Traffic Committee recommendation:

 

Nambucca Shire Traffic Committee recommends that Council conditionally approve the applications from Burgundy Heights Pty Ltd for B-Double routes as follows:

 

a?????? Old Coast Road from Pacific Highway to Newee Creek Sawmill via Siding Road and Wirrimbi Road;

b??????? Old Coast Road from Siding Road to Jacks Ridge Road.

 

The above mentioned conditions of approval are to include:

 

i???????? The installations of additional warning signs of log trucks on the road or turning;

 

ii??????? 40 km/h speed limit on gravel sections of the route.? As highlighted in the field trial lower speeds promote better tracking and create less dust;

 

iii?????? Restricted hours along any roads which are school bus routes (so that B-Doubles do not operate during school bus periods).? Recommended hours of operation 9.00 am ? 3.00 pm.

 

Council staff have carried out subsequent community consultation of the application through the local papers with objections to the route closing 24 September 2010.

 

Several telephone calls and letters have been received from residents along the proposed route indicating a high level of fear for the size of the B-Double trucks, the severity of any traffic accidents and damage to the road pavement.

 

Council has also received two delegations, one for and one against the proposal.

 

Written objections are provided as confidential circularised documents.

 

The RTA were also requested to provide information on similar applications and their response is attached.

 

When an application for a B-Double route is received by Council an initial assessment is made and a report presented to the Local Area Traffic Committee.? The Traffic Committee makes a recommendation to Council.? Council can either accept or refuse the recommendation.? If refused either the RTA or NSW Police representatives on the Traffic Committee can lodge an objection to Council?s decision and the matter can be referred to a Regional Traffic Committee.

 

It should be noted that rail bridges on Wirrimbi Road and Rodeo Drive are due for replacement in 2011.? subject to weight considerations this would allow consideration of a B-Double Route from the Pacific Highway to Newee Creek mill totally on bitumen sealed roads.

 

 

CONSULTATION:

 

Nambucca Shire Traffic Committee

Burgundy Heights Pty Ltd

Engineering Designer

Manager Technical Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is a potential for larger dust clouds associated with additional axles.? Limiting speeds on the gravel sections of the route may alleviate this problem.

 

Social

 

There will be a perception from the general public and recreational users of Old Coast Road that safety will be compromised by the size of B-Doubles.

 

Economic

 

Costs associated with the installations of additional signs shall be met by the applicant. There should be no additional impact on the condition of roads along the route as loads are transferred through an additional axle set.

 

Risk

 

The additional time it takes for B-Doubles to complete turning movements at intersections could lead to additional risks of a road traffic accident occurring.? However, low traffic volumes and the installation of advanced warning signs may reduce the potential for intersection accidents.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

All costs to be met by the applicant.

 

Source of fund and any variance to working funds

 

There should be minimal funds needed for future maintenance of signage.

 

Attachments:

1View

27282/2010 - Review of B-Double Route Application for Old Coast Road Newee Creek

 

2View

27285/2010 - RTA comments and information relating to B-Double Routes

 

3View

?- CONFIDENTIAL CIRCULARISED DOCUMENT - Objections to B-Double Route (Trim 27288/2010)

 

??


Ordinary Council Meeting - 18 November 2010

Application for B-Double Route from Burgundy Heights Pty Ltd

 

?


Ordinary Council Meeting - 18 November 2010

Application for B-Double Route from Burgundy Heights Pty Ltd

 




?


Ordinary Council Meeting - 18 November 2010

Application for B-Double Route from Burgundy Heights Pty Ltd

 

 

 

 

 

Placeholder for Attachment 3

 

 

 

Application for B-Double Route from Burgundy Heights Pty Ltd

 

 

 

CONFIDENTIAL CIRCULARISED DOCUMENT - Objections to B-Double Route (Trim 27288/2010)

 

??Pages

 

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