Agenda of Ordinary Council Meeting

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 16 April 2015

The following document is the minutes of the Ordinary Council meeting held 16 April 2015. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 30 April 2015 and therefore subject to change. Please refer to the minutes of 30 April 2015 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
	Cr Brian Finlayson
Cr Bob Morrison	Cr Anne Smyth
Cr Elaine South

ALSO PRESENT

Michael Coulter (General Manager)	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)	Monika Schuhmacher (Minute Secretary)

APOLOGIES

Cr Kim MacDonald and Cr Paula Flack

PRAYER

Rev Jilleen Chambers from the Anglican Church offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor R Hoban declared a non-pecuniary less significant conflict of interest in Item 9.6 Resolution of Conciliation Hearing - Valla Quarry under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent for this quarry prior to becoming a Councillor. Cr Hoban left the meeting for Item 9.6

Cr Finlayson declared a non-pecuniary less than significant conflict of interest in Item 9.14 Expressions of Interest for the Provision of Legal Services, as Cr Finlayson believes there may be a public perception of favour towards particular local legal practitioners. Cr Finlayson made comment and then left the meeting for the discussion and voting on this Item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 March 2015

750/15 RESOLVED: (South/Morrison)

That the minutes of the Ordinary Council Meeting of 26 March 2015 be confirmed.

PUBLIC FORUM

RECOMMENDATION

That the following Public Forum be heard:

Mr Graham Laverty – wishes to raise concerns on second dwellings, granny flats and primary dwellings; and the rulings of the 2010 LEP.

751/15 Resolved: (South/Smyth)

That Mr Ian Rose be heard as a second speaker in regard to the above matter.

752/15 Resolved: (Ainsworth/South)

That Council receive a report on a review of the LEP in regard to secondary dwellings, granny flats and primary dwellings.

ASKING OF QUESTIONS WITH NOTICE

There are no questions with Notice.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There are no question for Closed Meeting where due Notice has been received.

General Manager Report

ITEM 9.1 SF959 160415 Outstanding Actions and Reports

753/15 RESOLVED: (Ainsworth/South)

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

ITEM 9.2 SF639 160415 Vacant Position of Information and Communications Technology Officer (Electronic Engagement)

754/15 RESOLVED: (Finlayson/Ainsworth)

That Council remove the vacant position of Information and Communications Technology Officer (Electronic Engagement) from the organisation structure.

ITEM 9.3 SF638 160415 Valla Community Pre-School Inc. - Renewal of Licence Agreement to Occupy Land & Request to Extend Footprint for a Community Garden

755/15 RESOLVED: (Finlayson/Ainsworth)

1 That Council enter into a new 3 year licence agreement with the Valla Community Pre-School Inc. with similar terms to the previous licence but subject to the initial rent being updated by the CPI and that Council notify the Valla Beach Community Association of this action.

2 That subject to the concurrence of the Valla Beach Community Association Inc., that Council agree to the proposed community garden being placed on that section of Lot 8 immediately to the east of the Pre-School.

3 That Council’s seal be attached to the licence documents as required.

ITEM 9.4 SF1239 160415 Transfer of the Eungai Pre-School to the Nambucca Valley Children's Group

756/15 RESOLVED: (Finlayson/Ainsworth)

1 That Council transfer the ownership of the Eungai Pre-School to the Nambucca Valley Children’s Group for $1.00 plus compensation to them of $20,000 excluding GST on the basis that the Nambucca Valley Children’s Group accepts all responsibility for any disability access issues which may arise in the future.

2 That Council’s seal be attached to contracts and agreements as required.

3 That Council meets all legal and transfer costs associated with the transfer of ownership.

4 That settlement occur in the 2015/16 financial year.

ITEM 9.5 SF1415 160415 Re-establishment of Internal Audit Committee

757/15 RESOLVED: (Ainsworth/Smyth)

1 That Nambucca Shire Council’s Internal Audit Committee comprise the Mayor, one (1) other Councillor, Mr Peter Lawry and a staff member of Bellingen Shire Council to be nominated by that Council.

2 That Council nominate a Councillor to participate on the Internal Audit Committee.

3 That a Chair of the Internal Audit Committee (not being the Mayor or Councillor) be nominated by the Committee at their first meeting.

758/15 Resolved: (Ainsworth/Finlayson)

4 That Cr Ainsworth be Council’s representative on the Nambucca Shire Council’s Internal Audit Committee.

The Mayor left the meeting for Item 9.6 at 6.27 pm.

The Deputy Mayor, Cr Ainsworth, took the Chair for Item 9.6.

The Mayor returned after the conclusion of this Item and resumed the Chair at 6.35 pm.

ITEM 9.6 DA2001/096 160415 Resolution of Conciliation Hearing - Valla Quarry

759/15 RESOLVED: (Finlayson/Morrison)

That the information concerning the result of the Conciliation hearing be received.

ITEM 9.7 SF2070 160415 Transport for NSW Regional Boating Plan Mid North Coast Region - Priority Regional Projects Nambucca Shire

760/15 RESOLVED: (Ainsworth/South)

1 Council accept the offer of funding from Transport NSW.

2 There be a further report to Council on the sources of the required matching funds for the projects approved under the NSW Boating Now Program.

ITEM 9.8 SF2037 160415 Minutes of the Nambucca Shire Council Access Committee meeting held 24 March 2015

761/15 RESOLVED: (Smyth/South)

1 That in regards to the NSW Disability Inclusion Plan and in preparation for the development of a Disability Inclusion Action Plan by Council, over the next four meetings, the Committee address the four focus areas of:

· Developing positive community attitudes and behaviours

· Creating liveable communities

· Supporting access to meaningful employment

· Improving access to mainstream services through better systems and processes

2 That the Chairperson being Cr South, Deputy Chair being Peter Shales and members of the Committee being Dorothy Secomb, Keith Davis, Margaret Hutchinson, Alba Sky, Lee-Anne Funnel, Les Small, Jenny Adams, Janet Pope, Peter Shales and Shirley Holmes, be endorsed by Council.

3 That the remaining minutes be endorsed.

ITEM 9.9 SF2037 160415 Minutes of the Nambucca Shire Council Access Committee meeting held 24 February 2015

762/15 RESOLVED: (Ainsworth/Smyth)

1 That Council place a seat at the bus stop in Back Street Nambucca Heads (on the kerb side, with its back to the street) to assist the many elderly people who shop at Woolworths and use bus transport here.

2 That the remaining minutes be endorsed.

ITEM 9.10 SF2031 160415 Nambucca Shire Council Centenary Year 2015 - Additional Third Flag Pole and Flag for Administration Centre

763/15 RESOLVED: (Ainsworth/Finlayson)

1 That Council approve of the purchase and erection of a third flag pole for the Administration Centre.

2 That Council approve the purchase of two new flags showing Council’s logo.

ITEM 9.11 SF2038 160415 Outstanding DA's greater than 12 months, applications where submissions received not determined from 19 March 2015 to 8 April 2015

764/15 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 9.12 SF2038 160415 2015 March - Development and Complying Development Applications Received

765/15 RESOLVED: (Finlayson/Ainsworth)

That the Development Applications and Complying Development Applications received in March 2015 be received for information.

ITEM 9.13 SF2038 160415 2015 March - Construction And Complying Development Certificates Approved

766/15 RESOLVED: (Finlayson/Ainsworth)

That the Construction and Complying Development Certificates approved for March 2015 be noted and received for information by Council.

Cr Finlayson left the meeting for Item 9.14 at 6.46 pm and returned after the conclusion of this Item at 6.49 pm.

ITEM 9.14 E008/2015 160415 Expressions of Interest for the Provision of Legal Services

767/15 RESOLVED: (Ainsworth/South)

1 That Council seek expressions of interest in the provision of legal services with the intention of establishing a panel tender of preferred suppliers from which Council can choose a service provider/s.

2 That Council consult with Coffs Harbour, Bellingen and Kempsey Councils as to their interest in participating in the proposed expressions of interest and tender process.

3 That once established the panel for the provision of legal services be reviewed at 5 yearly intervals.

General Manager Report – LATE

ITEM 9.15 SF764 160415 Renewal of Nambucca Heads RSL Club LTD Sub-lease to Rintoul Shop 1 Riverside Drive, Nambucca Heads

768/15 RESOLVED: (South/Ainsworth)

1 That Council renew the Nambucca Heads RSL Club Sub-lease to Rintoul for a period of 5 years from 28 November 2013 until 27November 2018.

2 That Council’s seal be attached to the lease document as required.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF251 160415 Schedule of Council Public Meetings

769/15 RESOLVED: (Ainsworth/Morrison)

That the schedule of dates for public Council meetings be noted and received for information by Council.

ITEM 10.2 SF1120 160415 Grant Application Status Report

770/15 RESOLVED: (Ainsworth/Morrison)

That the list of grant applications and their status to 31 March 2015 be received.

ITEM 10.3 SF848 160415 Report on Rates and Charges for Assessment 11133536

Motion: (South/Smyth)

1 That correct rates and charges be applied to the property from 1 July 2015.

2 That Council removes the Restriction as to User created by Council Resolution on 8 April 1982.

Amendment: (Ainsworth/Finlayson)

That Council approaches the property owners and discuss the options of dedicating this land to Council as public land or pay the rates or consolidate land into an adjoining property.

The amendment was carried and it became the motion and it was:

771/15 Resolved: (Ainsworth/Finlayson)

That Council approaches the property owners and discuss the options of dedicating this land to Council as public land or pay the rates or consolidate land into an adjoining property.

ITEM 10.4 SF2025 160415 Approach to Bellingen Shire Council to Explore any Interest in a Joint Meeting to Discuss Possible Amalgamation or Other Joint Activity.

772/15 RESOLVED: (Ainsworth/Finlayson)

1 That Council notes the response from Bellingen Shire Council and endorses on-going development of a shared services proposal.

2 That a Councillor or Councillors be nominated to participate in future discussions with other Councils on proposed shared service arrangements.

3 That the Mayor be appointed to participate in future discussions with other Councils on proposed shared service arrangements.

ITEM 10.5 SF1991 160415 Investment Report to 31 March 2015

773/15 RESOLVED: (Ainsworth/Finlayson)

That the Accountants’ Report on Investments placed to 31 March 2015 be noted.

Assistant General Manager Engineering Services Report

ITEM 11.1 T002/2015 160415 Tender T002/2015 for Construction of Landslip Remediation Rodeo Drive, Wirrimbi.

774/15 RESOLVED: (Ainsworth/Finlayson)

1 That Council accept the conforming submission for T002/2015 Construction of Landslip Remediation, Rodeo Drive, Wirrimbi, from The Rix Group Pty Ltd.

2 That Council update the Contract Register.

For the motion: Councillors Hoban, South, Ainsworth, Finlayson, Smyth and Morrison (Total 6)

Against the motion: Nil

ITEM 11.2 T003/2015 160415 Tender T003/2015 for Construction of Landslip Remediation , Taylors Arm Road, Thumb Creek.

775/15 RESOLVED: (Finlayson/Ainsworth)

1 That Council accept the conforming submission for T003/2015 Construction of Landslip Remediation, Taylors Arm Road, Thumb Creek, from Pan Civil Pty Ltd.

2 That Council update the Contract Register.

3 That the Mayor and General Manager be authorised to endorse variations to the contract.

For the motion: Councillors Hoban, South, Ainsworth, Finlayson, Smyth and Morrison (Total 6)

Against the motion: Nil

ITEM 11.3 PRF69 160415 Request for Assistance to Maintain Welsh Pioneer Park

776/15 RESOLVED: (Finlayson/Smyth)

1 That Council acknowledge the volunteer work provided to service the reserve and advise the Talarm Hall Committee that due to the financial constraints placed on Council and significant aging infrastructure across the Shire, Council is not in a position to provide any additional resources or funding towards the reserve and is unable to accede to their request for:

a Assistance to mow and maintain the reserve with day or contract labour

b Provide a garbage bin and waste service to the reserve by day or contract labour

c Provide any assistance in repairing the swimming area and boat access facilities.

2 Council advise the Talarm Hall Committee that when considering the 2012/13 budget for Parks and Gardens the vote was reduced by $25,000.00 to balance the budget and that this area has only been increased with the rate pegging limit since that budget.

3 That Council advise the Talarm Hall Committee that interim assistance can be provided for the mowing of the reserve via other means (for the cost of fuel) with the use of the Work for the Dole program which is scheduled to commence in the 2015/16 financial year and that this assistance can be made available while the Work for the Dole program continues.

4 That Council review the long term future of the reserve and its management with the Talarm Hall Committee giving consideration to the removal of any infrastructure and returning the area to a natural reserve.

5 Council continue the progressive installation of warning signs to the outlying reserves along the river estuary which would include the Welsh Pioneer Reserve if the reserve was to remain open for public use.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

RESOLVED:

1 That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

2 That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

Reason reports are in Closed Meeting:

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 T002/2015 160415 Tender T002/2015 for Construction of Landslip Remediation Rodeo Drive, Wirrimbi.

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

For Confidential Business Paper in Closed Meeting

ITEM 12.2 T003/2015 160415 Tender T003/2015 for Construction of Landslip Remediation , Taylors Arm road, Thumb Creek.

For Confidential Business Paper in Closed Meeting

ITEM 12.3 SF2047 160415 Voluntary Redundancies

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (f) of the Local Government Act, 1993, on the grounds that the report contains matters affecting the security of the Council, Councillors, Council staff or Council property.

or Confidential Business Paper in Closed Meeting

ITEM 12.4 SF839 160415 General Manager's Performance Review

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

CLOSED MEETING

777/15 Resolved: (Morrison/Smyth)

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.44 pm.

RESUME IN OPEN MEETING

778/15 Resolved: (Ainsworth/Morrison)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.53 pm.

FROM COUNCIL IN CLOSED MEETING

779/15 Resolved: (Ainsworth/South)

That Council note Items 12.1 and 12.2.

For Confidential Business Paper in Closed Meeting

ITEM 12.3 SF2047 160415 Voluntary Redundancies

780/15 RESOLVED: (Finlayson/Ainsworth)

That there be no offers of voluntary redundancy made to employees who have submitted expressions of interest.

For Confidential Business Paper in Closed Meeting

ITEM 12.4 SF839 160415 General Manager's Performance Review

781/15 RESOLVED: (Finlayson/Ainsworth)

1 That the General Manager notes the Council’s comments on his performance.

782/15 Resolved: (Hoban/Ainsworth)

2 That Council advises the General Manager that it wishes to enter into a future employment contract with Michael Coulter.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 7.56 pm.

Confirmed and signed by the Mayor on 30 April 2015.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

Ordinary Council Meeting - 30 April 2015

Notice Of Motion - Minutes Of The Community Safety Precinct Committee 24 February 2015 (SF11)

Mid North Coast Community Safety Precinct Committee Meeting Minutes

Nambucca Shire Council Chambers

24 February 2015

ATTENDEES:

Police: Supt FEHON

Ch/Insp CRIBB

Sgt SAINSBURY

Sen/Con CHERRY

Nambucca Shire Council Rhonda HOBAN (Mayor)

Reno FRENCH (Community Development Officer)

Kempsey Shire Council Kathy OLIVER

PMQ/Hastings Shire Council Sharon GRIFFITHS

Community Members Margaret KIDD, Rosemary PENNEY,

Wendy RITCHIE, Heather MCPHEE, Jim CAMERON, Paul SEGLY & Les ELPHICK.

APOLOGIES:

Dept Premier & Cabinet Katherine EMERTON

Police D/Insp CLARKE

Kempsey Shire Council Liz CAMPBELL (Mayor)

Dept of Education Mark YOUNGBLUTT

Start: 10.10AM

INTRODUCTION:

Supt Fehon welcomed everybody to the meeting.

Outstanding actions: Constable Cherry, our Crime Prevention Officer conducted security assessments on residents’ homes as requested.

3. CRIME REVIEW

Local Area Command Overview

Control charts for past 3 years – Main crime categories including February projections.

More detailed focus on Nambucca Cluster

Mid North Coast Local Area Command

· Covers an area of 8,558 sq kms (plus Lord Howe Island)

· Has an estimated residential population of 123,000

· Includes the 3 Local Government areas of Nambucca Shire, Kempsey Shire and Port Macquarie Hastings Council.

· Is divided into 14 police sectors, grouped into 3 clusters (LGA boundaries)

· Has authorised police strength of 159 officers.

Comparisons to Business plan targets

Financial Year to date Results

4 categories where the business plan target is not currently being met

Break & Enter Dwelling

Fraud

Steal from Dwelling

And the Proactive category of

Powers – Move On

HASTINGS CLUSTER REVIEW

3 years to January 2015

Assault DV (Domestic Violence)

Higher levels are viewed as increased reporting.

Downward trend evident

Variations of between 9 and 43 per month

Average 25 per month

Past 5 months have been below average

Assault Non DV

Downward trend evident

Variations of between 16 and 46 per month

Average 32 per month

Break & Enter Dwelling

Downward trend evident

Variations of between 6 and 42 per month

Average 21 per month

Past 5 months have been below average

Break & Enter Non Dwelling

Slight Downward trend evident

Variations of between 4 and 26 per month

Average 11 per month

Increase in the past 3 months

Fraud

Stable over the past 2 years

Variations of between 11 and 54 per month

Average 21 per month

Peaks usually due to single offender / multiple charges

Malicious Damage

After a spike over Christmas downward trend evident

Variations of between 39 and 78 per month

Average 55 per month

Robbery

Trend goes up and down

Variations of between 0 and 5 per month

Average 2 per month

Steal From Motor Vehicle

Upward trend evident

Variations of between 14 and 75 per month

Average 28 per month

Past 2 months have seen a rise above average

Other Stealings

Steal from dwelling, retail store & person

Stable over the past 2 years

Variations of between 25 and 81 per month

Average 42 per month

Past 2 months have been above average

Garbage bin theft a major issue over the past 2 months

Stolen Vehicles

Stable over the past 2 years

Variations of between 4 and 15 per month

Average 9 per month

Past 7 months have been below average

MACLEAY CLUSTER REVIEW

3 Years to January 2015

Assault (DV)

Downward trend evident

Variations of between 7 and 28 per month

Average 21 per month over the past 4 months

Assault (non DV)

Upward trend evident

Variations of between 8 and 28 per month

Average 17 per month over the past 4 months

B&E (Break & Enter) - Dwelling

Upward trend evident

Variations of between 17 and 68 per month

Average 50 per month

Significant jump in October 2014

B&E – Non Dwelling

Downward trend evident

Variations of between 3 and 24 per month

Average 11 per month

Past 8 months have been at or below average

Chemist Shops the most commonly targeted. A further 22% of offences occurred in Educational premises. TAG focussing on identified DNA/Fingerprints identifying persons already in custody. Preparation of spreadsheet with planned trips to Custodial facilities to complete multiple O/S matters.

Fraud

Downward trend evident

Variations of between 4 and 17 per month

Average 8 per month

Malicious Damage

Stable over the past 2 years

Variations of between 33 and 68 per month

Average 42 per month

Downward trend past 3 months

Robbery

Downward trend evident

Variations of between 0 and 6 per month

Average 1 per month for past 4 months

SFMV (Steal from Motor Vehicles)

Upward trend evident to Christmas

Variations of between 8 and 64 per month

Average 18 per month

Past 9 months have been below average

Other Stealings

Steal from dwelling, retail store & person

Stable over the past 2 years

Variations of between 18 & 37 per month

Average 27 per month

Stolen Vehicles

Upward trend to Christmas

Stable over the past 2 years

Variations of between 4 and 29 per month

Average 11 per month

NAMBUCCA CLUSTER REVIEW

3 years to January 2015

More details breakdown – 12 weeks to 22/2/15

Assault (DV).

Upward trend to Christmas

Stable over the past 2 years

Variations of between 2 and 21 per month

Average 8 per month

Assault (Non DV)

Downward trend evident

Variations of between 3 and 19 per month

Average 10 per month

Slight peak to Christmas

12 weeks to 22/2/15

65% of all assaults in this period Domestic Violence Related

63 Assaults in this period:

68% Common Assault

29% Assault occasioning actual bodily harm

3% Assault occasioning grievous bodily harm

46% of all assaults Alcohol Related

B&E - Dwelling

Upward trend evident

Variations of between 2 and 38 per month

Average 13 per month

Past 2 months have been below average

Many of the offences in the Nambucca cluster were committed upon elderly people with entry gained via unlocked premises white the victims were present. There were slightly more offences during daylight hours.

B&E – Non Dwelling

Upward trend evident

Variations of between 1 and 15 per month

Average 5 per month

12 weeks to 22/2/15

18% of incidents in this period were attempts only

65 incidents in this period;

Point of entry a door in 55% of cases, a window in 35% and 10% not stipulated.

Rear of premises more commonly targeted accounting for 50%, 29% at the front of premises and the remainder at the side of premises.

Occupants at home in many cases

Fraud

Upward trend evident

Variations of between 1 and 9 per month

Average 4 per month

Upward trend last 3 months

Only 9 Fraud incidents occurred in the past 12 weeks

Fail to pay for fuel the most prominent accounting for 55% of all fraud incidents

1 Counterfeit currency incident ($50 note presented at fast food outlet)

Fraud incidents spit between Macksville (5) and Nambucca Heads (4)

Monday and Tuesday accounted for 7 of the 9 incidents

Malicious Damage

Stable over the past 2 years

Variations of between 9 and 33 per month

Average 20 per month

12 weeks to 22/2/15

50 incidents of malicious damage in this period.

6% of these were graffiti related

Robbery

Upward trend evident (due to 3 in February 2014)

Variations of between 0 and 3 per month

Average 1 per month

2 robbery offences in the past 12 weeks

Armed robbery of a Credit Union in Macksville. 3 armed offenders involved.

13 year old boy robbed of his scooter by two other juveniles (under 10) in Bellwood Park Nambucca Heads

SFMV

Stable over the past 2 years

Variations of between 2 and 16 per month

Average 9 per month

12 weeks to 22/2/15

Ongoing issues with this crime category are;

Vehicles being left unlocked

Valuables left in vehicles

Steal from Dwellings

Downward trend evident

Variations btw 2 and 14 per month

Average 5 per month for past year.

12 weeks to 22/2/15

Steal from dwelling offences are similar to Break & Enter, but where no “seal” is broken. Eg. Property stolen from a verandah

Steal from Retail Store

Downward trend evident

Variations of between 0 and 6 per month

Average 3 per month

Has seen an increase over the past 4 months

12 weeks to 22/2/15

5 thefts from Supermarkets, & 3 from Bottle Shops

Stolen Vehicles

Downward trend evident

Variations of between 0 and 16 per month

Average 4 per month

12 weeks to 22/2/15

Thefts in this period included 1 attempt.

Most vehicles are recovered locally (62% of these to date)

Most common vehicles being stolen at present;

Nissan Pulsar (3 stolen)

Toyota Hilux (2 stolen)

Ford Falcon (2 stolen)

4 vehicles stolen after/during Break & Enter Offences

Charges – 12 weeks to 22/2/15

Equates to an average of 16.3 people charged per day across the Local Area Command over this period.

SIGNIFICANT ARRESTS

Strike Force DARA

On 23 February 2015, a 20 year old Kempsey man was charged with 7 counts of Supply a Prohibited Drug related to Strike Force Dara which commenced in May 2014. 20 people have now been charged as a result of this investigation.

South West Rocks Arrest

On 16 February 2015, a 26 year old South West Rocks man was charged with 6 offences including Aggravated Break & Enter, Break, enter and Steal, Larceny, Malicious Damage & Furnish false statement to Pawn Broker. These charges related to a number of incidents at South West Rocks on 4^th February 2015.

Arrest of Escapee

On 15 February 2015, a 16 year old Nambucca youth was arrested in Nambucca Heads. The youth had previously escaped from Juvenile Justice Staff and had been on the run since 31 January 2015.

Strike Force Souri II

On 12 February 2015, a 43 year old Kempsey woman was charged with Accessory before the act to Aggravated Break, Enter and Steal. This follows on from search warrants executed on 4 properties in the Kempsey area on 6 February 2015 where 6 other offenders were arrested and charged with a series of Break and Enter and related offences.

Arrest of offender of warrants

On 5 February 2015, a 19 year old Kempsey man was arrests on 3 outstanding first instance warrants related to Break & Enter and Assault matters. The offender had been wanted by police for some time and was avoiding police.

Man charged with reckless wounding

On 22 January 2015, an 18 year old Port Macquarie man was charged with reckless wounding after allegedly stabbing his older brother in the stomach after a dispute over a chocolate biscuit.

Supt Fehon: A lock up of an offender in South West Rocks who was responsible for several break-ins to the Golf Club and steal from motor vehicles along with Strike Force Souri II arrests should minimise crime levels in that area.

Insp Cribb: Break and Enters have been high but our person searches are up nearly 50%.

Whilst there is an increase in Ice use at the moment we have a strike force looking into it.

We believe that the drug Ice is the causal in a lot of break-ins just for cash.

Ice can be made very quickly even in motor vehicles. Clandestine Labs are not needed in the manufacture of ice.

COMMUNITY AWARENESS OF POLICING PROGRAM

Provides participants with an insight into Policing in NSW

Inaugural day to be held at Kempsey Police Station on Wednesday 11 March 2015.

These are usually conducted over 3 days in Sydney but have been compacted to a 1 day event at Kempsey.

Invitations have been sent out to School Principals, Indigenous and business leaders staying away from members of parliament.

COMMUNITY CONCERNS

Supt Fehon: Nambucca police are working 24 hours from Friday morning to early hours of Monday morning. If they are not working TAG (Target Action Group) Police are working.

Police are on foot and not always driving around.

Very important that residents secure their premise by locking windows and doors. S/Con Cherry has been conducting security assessments on numerous homes all over the LAC.

Paul Segly: What can the community do to educate about the problems of ice.

Supt Fehon: Greatest problem is how easy it is to get and how easy it is to become a supplier. Heroin in the 80’s and 90’s was an imported drug. Lots of money was spent stopping the importation of heroin into Australia though an amount of the drug still gets in.

The ingredients for ice are available in everyday use as it has varying makeup and can look quite different from one batch to another.

Our CPO and YLO work closely with Drug and Alcohol workers and it is very difficult to work out how to fix the problem.

If people continue to supply they will be locked up.

Mayor Hoban: Is there still a risk with Ice manufacture compared to Clandestine Labs?

Supt Fehon: Ice can even be made in cars. Clandestine Labs are very dangerous with heating of chemicals and high fume emissions. Ice does not have to be cooked as long.

Real estate agents and other sources of information are very useful in assisting Police in drug detection.

The large percentage of offenders that are charged with assault Police when they are arrested for other offences is due to drug use.

Faringdon Village resident: I‘d like to thank the good work by Police as my house was broken into. They did a great job.

Supt Fehon: We have a list of persons that are wanted for crimes and warrants. Information given to Crimestoppers is very helpful and it is better if a name and phone number is left so that we can follow up the information given.

We put wanted offenders photos on facebook which has been very helpful in locating their whereabouts.

PROPERTY LISTS

Supt Fehon: It’s very important for people to keep records of what they have purchased especially electronic equipment and jewellery.

Insp Cribb: A good way is to take a photo of the front of the item and then the rear with the entire serial and model numbers recorded. This information is then kept on a usb or disc or filed in a safe place.

Supt Fehon: Facebook has allowed for people to trade property which in turn they use the money to purchase drugs.

Faringdon Village resident: I would like to thank Constable Steve Cherry for the engraver that he brought up from Port Macquarie.

S/Con Cherry: That engraver is now being kept at Nambucca Heads Police Station and can be used by members of the public to engrave their property.

Mayor Hoban: We had numerous inquiries by members of the public as to the council having an engraver. We can now send them to the Police Station.

CREDIT CARD FRAUD:

Supt Fehon: Needs to be reported to Police as soon as possible.

Discussion by attendees re the safety of using Paywave system of credit cards and the importance of checking bank statements always.

PMHC Sharon Griffiths: There are some facebook pages out there especially one in Wauchope which is very negative.

Supt Fehon: There is a problem with persons inciting different people to threaten others. Have constructive information posted out there and being moderated by administrators correctly.

One of the problems with social media was that a HWP officer in South west Rocks was giving tickets out everywhere for very minor offences. This was investigated and found out to be totally untrue.

Rosemary Penny (Faringdon Village): We have some angry people in the village that want to get a petition going to catch these offenders!!

Supt Fehon: We want to catch the people. Petitions won’t work in catching those responsible. You are getting the Police attention in the village and we need timely information from the community when attempted offences occur or person are acting suspicious. The offenders most probably tried a hundred houses but only got into 3.

Community member: What should we do if confronted by an offender who has broken into our house?

Supt Fehon: Stay quiet and act asleep. Try to avoid confrontation with offender. Contact Police as soon as possible.

Finish 11.50am.

Next meeting 10am 26 May, 2015 at Port Macquarie Hastings Council, Burrawan St., Port Macquarie

Action Items

Intended Outcome	Agreed Strategies	Partner Agencies/Community member	Timeframe

Ordinary Council Meeting 30 April 2015

General Manager

ITEM 9.1 SF959 300415 Outstanding Actions and Reports

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

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.

	FILE NO	COUNCIL MEETING	SUMMARY OF MATTER		ACTION BY			STATUS
MARCH 2011
1	DA2010/234	17/3/11	Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan		GM			Estuary Committee met on 30 October and have recommended the appointment of WMA Water to undertake the Floodplain Risk Management Plan. At Council’s meeting on 13 November it was resolved that WMA Water to appointed to prepare the Flood Risk Management Plan. The inception meeting will be held on 5 February 2015 to commence the process. WMA Water have advised they are identifying properties requiring survey and reviewing the flood model developed for the highway crossing for application to the Council flood risk study.
JULY 2011
2	SF1031	21/7/11	That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy		GM			Update as at 16 April - the project is awaiting the completion of the floodplain risk management matrix which will formally consider the acceptance or otherwise of a forecast climate change induced sea level rise of 900mm by 2100.
AUGUST 2013
3	SF1031	14/08/13	That the tree policy be again presented after Councillors have had sufficient time to comment on the amendments presented by Councillors and in view of the previous motion of Council, namely “Tree Removal” (SF629) containing the 6D principles.		AGMES			Report in September 2013. Deferred to October 2013. At the request of Cr Morrison this item has been deferred to the first meeting in November 2013. Cr Morrison has provided information to the Manager Civil Works who will draft a report to the December Council meeting. Staff on leave during December – deferred until February 2014. Deferred until April – Staff dealing with landslips. Deferred until May 2014 Deferred until June 2014 Deferred until September 2014 and a report will be prepared on the outcome of the meeting. Policy has been redrafted and a new operations procedures manual developed. A memo with the updated policy and procedures will be provided to Councillors for comment at the end of December Deferred with staff on leave - Guidelines and tree assessment form developed and now being trialled for tree assessment with the Policy and guideline review to be presented to Council for comment after trial – anticipate April.
NOVEMBER 2013
4	SF642	28/11/13	That Council review both the Pesticides Use Notification Policy and Noxious Weed Policy.			AGMES	Report to April 2014 meeting and will include the State change to Noxious Weeds Act. Deferred until September – pending outcome of the Noxious weeds review following the Minister of Primary Industries request that the Natural Resources Commission (NRC) conduct a review into the effectiveness and efficiency of weed management in New South Wales. Report deferred to second meeting in November 2014 pending a meeting with Noxious Weeds Inspector and DPI regarding any changes to the Act. Deferred with staff on leave. Memo to Councillors now set for end February with other policy review, will be provided to Councillors for comment in accordance with adopted procedure. Now deferred to April 2015.
DECEMBER 2013
5	SF1842	11/12/13		That if Council and IPART support a rate increase above rate pegging, Council provide a quarterly report either through a media release or its rates newsletter to confirm to ratepayers that the additional funds are being spent on roads and bridges as indicated in our community consultation.		GM	The first quarterly report would be the rates newsletter to be distributed with the 2014/2015 rates notice. Report produced. Media release issued before 13 November Council meeting.
FEBRUARY 2014
6	SF844	27/02/14		That Council prepare a Dam Filling Options report as required by the Office of Water and undertake consultation with Fisheries, EPA and downstream landholders.		AGMES	Report July 2014 Deferred until September meeting scheduled with Office of Water and a response will be presented to Council with the outcome of the meeting. Email provided to Councillors on 4 Sept 2014 advising at this stage meeting in September is not required; It was an anticipated that a further meeting would be required to finalise the draft options filling report Both the entities (Office of Water and Primary Industries – Fisheries) had no objection to the proposal put forward from Council which basically involved full release of minor rainfall events 5mm or less and increasing percentage of rainfall captured for larger events up to 90% capture for 100mm rainfall or over. The Office of Water advised that the operating conditions (extraction rules and dam licence) do not come into effect until the dam is commissioned and this is considered to be at 60% full and water levels can be managed. In effect this means that Council can pump as it likes within current licence and there is no requirement for transparent release of rainfall until the dam is 60% full. Council has applied to Office of Water for a permit to capture surface water. Email forwarded to Councillors on dam filling options update following question at Council meeting on 28 August. Dam inspected on 3 February and is about 20% full. As at 28 February 2015 dam was 28% full.
AUGUST 2014
7	SF1148	14/08/14		That Council receive a report regarding nose to kerb parking including what other LGAs are doing in regard to parking; the pros and cons of various ways of parking; and a parking strategy for Council’s consideration.		AGMES	Report March 2015 Deferred until September due to resources as Manager Technical Services and relevant staff have a number of large projects and assessments of development and highway upgrades. Proposed to work on first draft and present the document to Council for comment in September before going out to the public.
8	SF595	28/08/14		That Council develop a plan of management for the ongoing maintenance of Hughes Creek.		SP	March 2015 Strategic planner seeking funding to engage a consultant to look at the entire system as part of the estuaries committee because of the nature of the creek system and its integration to the river PoM deferred pending funding. OEH Estuary Grant application submitted in March 2015 (project value $20,000). If successful a plan of management will be developed for Dawkins Lake to the Nambucca River via Hughes Creek. A funding announcement is expected in 2015/16.
SEPTEMBER 2014
9	SF791	11/09/14		There is a further report to Council on the outcome of the tender for the development of the subdivision (Hyland Park) and the reserve price for the lots.		GM	Report February 2015. Lots to be pegged out by Council’s Surveyor on his return from annual leave, ready for listing with an agent for sale “off the plan”. Work on pegging out land has commenced. Report to Council in March 2015. Report deferred to April 2015. Manager Business Development on leave. Council’s Surveyor currently pegging out lots. Will be reported to meeting in May. Enquiries with real estate agents suggest listing prices between $140,000 and $165,000.
10	SF399	26/09/14		Pending the outcome of the Fit for the Future reform process Council consider reducing the no. of Councillors from 9 to 7 via a referendum.		GM	Deferred to late 2015 (next LG general election scheduled for September 2016).
11	SF399	26/09/14		Council requested a further report on the option of reducing staffing levels in the outdoor workforce.		AGMES	Report November 2014. The AGMES is preparing a detailed proposal for a change to the organisation structure of the outdoor workforce which will be reported to the Council meeting on 29 January 2015. The deferral will allow for some input by Council’s new Manager Infrastructure Services, Mr Matt Leibrandt. The report will assess and recommend on option/s to reduce staffing levels in the outdoor workforce. There will also be a report to Council’s meeting on 11 December on a general call for voluntary redundancies. A report has been drafted for consideration at Council’s meeting 30 April 2015.
OCTOBER 2014
12	PRF72	16/10/14		Council proceed with the proposed reclassification of the Kingsworth Lake Reserve from community to operational land.		GM	Strategic Planner preparing a gateway proposal for the Dept of Planning & Environment. Following approval of the gateway proposal, the proposed reclassification will be advertised and a public hearing undertaken.
13	SF688	16/10/14		Council give public notice of its intention to reclassify land shown as proposed lots 2 and 3 as operational land and undertake the required public hearing (land to the west of the Valla Beach Pre-School)		GM	Strategic Planner preparing a gateway proposal for the Dept of Planning & Environment. Following approval of the gateway proposal, the proposed reclassification will be advertised and a public hearing undertaken. A report in the business paper to the meeting on 16/12/2014 regarding outcome of Valla Beach Community Association meeting and an alternative proposal was deferred at the request of the Pre-School. GM attended meeting at the Valla Beach Pre School on 27 January 2015. Awaiting advice from Pre School. Report to Council’s meeting on 16 April 2015 concerning Pre-School.
14	SF952	16/10/14		Unofficial rest area on Link Road – that a management plan for the future improvement of the site be prepared by Council and the Lions Club who have agreed to maintain the site after the management plan has been placed on public exhibition.		AGMES	Report March 2015. Meeting scheduled with Lions Executive in early March to draft a PoM and provide to Council for comment in April/May. Meeting with Lions Club on 4 March 2015. Current projects and staff resources (doing budgets, Fit for the Future and asset revaluation) proposed to work on first draft and present the document to Council and Lions for comment.
NOVEMBER 2014
15	SF2031	27/11/14		Council’s 2015/16 budget considers a commemorative board for the Council Chambers acknowledging all Councillors and staff who served the Council in its centenary year.		GM	Report with operational plan – April/May 2015. To be reported in May 2015.
16	SF1997	27/11/14		Council’s Finance Section be asked to review, when time permits, Council’s current liquid equity levels & their relationship to the minimum level of Council’s policy.		AGMCS	Early 2015.
DECEMBER 2014
17	SF929	11/12/14		Council seek expressions of interest from BSC and CHCC on an alliance to operate a regional focussed VIC from the proposed highway service centre.		GM	Letters sent 18/12/2014 Response received from Bellingen Shire Council on 2 March 2015. As at 31/3/15 no response from CHCC. To be reported in May 2015.
18	SF247	11/12/14		Council make a submission to the NSW Office of Water seeking a funding contribution to the provision of sewerage to south Nambucca.		AGMES	Letter sent to Minister w/e 16/1/2015 Response received and provided to Council 18 March advising Government are in caretaker mode and there are now funds available under the current Country Town Water and Sewerage Scheme. Council has not had a response regarding a funding grant through the National Stronger Regions Fund. This is the trigger for the next report. Funding application to National Stronger Regions fund was unsuccessful.
19	~~SF247~~	~~11/12/14~~		~~NSW Public Works and/or a rep of Clarence Valley Council be invited to provide Council with a briefing on the establishment & operation of the Iluka sewerage scheme …~~		~~AGMES~~	~~Proposed for March 2015.~~ ~~Public Works Project Manager for the Iluka Sewerage project will address Council in April.~~ ~~Report to 30 April meeting~~
20	SF247	11/12/14		There is a further report to Council on the provision of sewerage to south Nambucca following the determination of the grant application under the National Stronger Regions Fund.		AGMES	Proposed for March 2015. Report deferred - Awaiting presentation from the Public Works (see item 24) and outcome of grants status before preparing a report. Funding application unsuccessful. Report in June.
JANUARY 2015
21	~~SF1480~~	~~15/1/15~~		The transfer and renewal of the encroachment licence (Swimming Creek Caravan Park) be deferred in order for Council to obtain further advice on the legal consequences of an Order for the removal of Ms Gee’s dwelling.		GM	Matter discussed with an officer of Crown Lands on 21/1/2015. It was advised that they (Crown Lands) have received representations from both the caravan park proprietor and Ms Gee. Crown Lands have concerns about the course of action Council has contemplated in terms of excluding Ms Gee’s dwelling from the licence renewal. The Crown identifies potential risks to Council as trustee in incurring legal and other costs if it seeks to serve an order to relocate the dwelling. The officer indicated that Crown Lands’ staff would be prepared to address Council on the matter. An invitation to address Council has been sent to the Grafton office of Crown Lands. At this stage legal advice has not been sought. The cost of this would be in the vicinity of $2,500, but that would only be the start as it is likely that Council would require the endorsement of a Court to enforce the order. Crown Lands’ staff Mr Kevin Cameron, Area Manager, Far North Coast and Ms Tamara Prentice, Group Leader Property Management will be available to meet with Council on Thursday 14 May 2015 to discuss the finalisation of a new Trust Licence for Caravan Park Encroachments (Nambucca Heads Holiday Park) to Dennien Superannuation Custodian Pty Ltd over part Reserve 88941 at Nambucca Heads. ~~They propose to advise Council on:~~ the background of the matter the risks and liabilities the Trust currently has NSW Trade & Investment, Crown Lands and Nambucca Shire Council agreement in relation to the issue of this tenure, and Crown Lands requirements to progress the grant of this tenure.
22	SF84	29/01/15		That Council write to the RFS requesting a detailed breakdown of the State (Head Office) “bid”.		AGMES	Further report presented to Council 12 Feb on an amended RFS BID and letter sent to the Commissioner Minister as per Council resolution 16 February. Acknowledgement letters received from the RFS and Premier advising receipt of the Council correspondence and a response will be sent in due course.
23	SF1541	29/01/15		Housekeeping amendments to Nambucca LEP 2010 (items c and d) is deferred for 2 months.		GM	Report April 2015 Will incorporate requested report from meeting on 16 April concerning secondary dwellings. Deferred until May.
24	LF6687	29/01/15		Council receive a report in relation to clearing opposite this property (15 Gregory St, Valla Beach), including the OEH response and remediation actions.		MBD	Manager Business Development to draft a report up after speaking to the Valla Beach Community Association Committee of Management. Report to meeting on 30 April.
25	~~SF1541~~	~~29/01/15~~		~~That the planning proposal in relation to commercial land use in Macksville be deferred for 2 months.~~		GM	~~Report April 2015~~
26	SF674	29/01/15		That Coffs Harbour City Council is requested to establish a Regional Waste Committee to manage the preparation of the Regional Waste and Resource Recovery Strategy comprising a Councillor, responsible Director plus relevant waste services staff from each participating Council. Further that as part of the Strategy there be a review of the performance to date compared to the original 2004 proposal.		AGMES	Contact initiated by CHCC and a meeting date being organised
FEBRUARY 2015
27	SF2049	12/02/15		That Council write to the Senior Fisheries Manager at NSW Fisheries in Coffs Harbour with a copy to our Local Member requesting the following information …		GM	Letter sent to Fisheries on 19 February 2015.
28	SF988	26/02/15		Council seek a similar funding assurance ($50m for the Macksville Hospital) from the NSW Opposition.		GM	Letter sent 6 March 2015
29	SF843	26/02/15		Council write to Bellingen Shire Council inviting them to join the Beach Permit System.		AGMES	Letter sent 5 March 2015
MARCH 2015
30	LF4225	12/03/15		2 Nelson Street – Council write to the Minister for Lands setting out the history, the issues Council is facing: there was no community consultation on the sale of the land; the issues faced by the private land owners regarding their land stabilisation; the resolution of Council to support a lease and the conflicting advice given by the Office of Lands in Grafton. And further, that Council requires an urgent definitive response to finalise the matter.		GM	Letter written w/e 20/3/2015
31	SF841	12/03/15		Council write to the Premier, the Leader of the Opposition and the Member for Oxley indicating Council’s disappointment in the complete lack of regard, by the Minister for Roads Office, to Council’s financial wellbeing and clarity for rate payers and reluctance to work together as levels of government.		GM	Letter written w/e 20/3/2015
32	SF841	12/03/15		Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that the bridges and major culvert structures which are located on the existing Pacific Highway through the Nambucca Valley should remain State assets and not be handed over to Council.		GM	Letter written w/e 20/3/2015
33	SF2049	26/03/15		Council write to the Premier of NSW expressing Council’s support for the recommendations resulting from the Law and Justice Committee’s Inquiry into the Bowraville murders and asking that they be implemented as a matter of urgency.		GM	Letter signed by Mayor and sent on 30/03/15
34	SF904	26/03/15		That a report be prepared on the implementation of the recommendations from the Coastal Public Safety Risk Assessment for the Nambucca LGA.		AGMES	Report to May Council Meeting.
APRIL 2015
35	DA2015/003	16/04/15		That Council receive a report on a review of the LEP in regard to secondary dwellings, granny flats and primary dwellings.		GM	Report to May Council meeting.
36	SF2070	16/04/15		There be a further report to Council on the sources of the required matching funds for the projects approved under the NSW Boating Now Program.		GM	Report to June Council meeting
37	SF848	16/04/15		That Council approaches the property owners (of the small lot off Wallace Lane, Macksville) and discuss options of dedicating this land to Council as public land or pay the rates or consolidate the land into an adjoining property.		AGMCS	Report to June Council meeting

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 30 April 2015

General Manager

ITEM 9.7 SF1541 300415 Planning Proposal Commercial Land Use Zones in Macksville

AUTHOR/ENQUIRIES: Grant Nelson, Strategic Planner

Summary:

The purpose of this report is to gain Council support for a proposed amendment to the Nambucca LEP 2010. The aim of the amendment is to consolidate existing commercial zones which extend into areas with residential character and also encourage more activity in the town centre by allowing the market to develop areas fringing the CBD for either commercial or residential use.

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

Recommendation:

1 Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council endorse the Planning Proposal to support an amendment to the commercial land use zones floor space ratios and minimum lot sizes in Macksville.

2 The Planning Proposal and associated material be submitted to the Minister for Planning for consideration under Clause 56 of the Act.

OPTIONS:

Council may choose not to support the planning proposal or recommend amendments prior to it being forwarded to the Minister.

DISCUSSION:

The following report was considered by Council at its meeting on 29 January 2015. It was resolved that the matter be deferred for two months.

In anticipation of the impending Pacific Highway upgrade and future bypass of the Macksville Town Centre, Council has commenced a number of initiatives to prepare the town for change and opportunity. An examination of the existing land use zones has led to the preparation of draft amendment to the Nambucca Local Environmental Plan 2010. The main objectives of the proposed amendment are to:

· Reduce the spread of commercial activity into areas largely used for residential purposes and reduce the potential for conflict in these areas;

· Refocus commercial activity to the main commercial centre of Macksville;

· Increase the potential for activation of the town centre allowing residential development in areas fringing the CBD but not eliminate the potential for commercial development.

The matter was reported to Council in July 2014 and Council resolved the following:

That Council’s Strategic Planner proceed to consult with landholders affected by the proposed amendment and after this consultation has been concluded a further report be provided to Council on a final Planning Proposal for adoption.

The attached planning proposal provides the full information for the proposed amendment the below information should be considered a summary.

Commercial Land Use Audit and Landuse pattern

In 2008/09 Council adopted is Local Growth Management Plan – employment lands. The Local Growth Management plan included a commercial and industrial land audit. The first part of this proposal was to revisit the audit so a comparison could be made between the land uses undertaken on the commercial land within Macksville in 2008 and six years later in 2014.

The results of this land use audit are presented below:

Over the 6 year period there is not a significant change in a particular land use however it is noted that there is a minor decrease in residential use and minor increases in the food services and general retail.

In relation to undeveloped land and vacant land it is unlikely that undeveloped land has increased in the 6 years as shown in the table (unless through subdivision). It is more likely that there may have been inconsistencies with the data collection between the 2008 and 2014 periods, combining the 2 land use categories shows that over all there has been no change between the 2 periods. Nevertheless, observations during the collection period in 2014 highlighted a large number of vacant shops near the Princess St and Mackay St intersection. A number of new shops have since established in this area.

There were minor decreases in government services in town, in part due to the loss of Medicare/ Family Assistance office on Cooper St. There has been a minor increase in human services (such as hairdressers) and food services (such as cafes/ takeway food).

The landuse map provided below, demonstrates the extent of residential uses presently located in the B3 Commercial Core zone. The heavy pink outline designates the areas being examined as part of this proposal that are presently B3 Commercial Core zone. As can be seen on this map, the general commercial landuses (yellow shaded) are largely positioned towards the centre of town. The areas on the perimeter of the B3 Commercial Core zone are largely dominated by residential uses (green shade) while fringing areas show a mix of both residential and commercial landuses.

Issues resulting from incorrect land zones

Conflicting land uses

The land use figure demonstrates how the land use zones do not correspond with the existing patterns of development. Further to this it is unlikely that Macksville would require the commercial growth shown by the B3 Commercial Core that extends into areas largely dominated by residential character.

Southern end of Matilda St – zoned commercial but displays residential character

Southern end of Princess St – zoned commercial but displays residential character

More likely small ad hoc commercial developments may begin to appear in these areas and create conflict with neighbouring residences. In this regard these types of commercial developments would be better directed towards the town centre where they can contribute to activation.

Change of Use

It is assumed that the estimated 78 dwellings presently located in the commercial zone rely on existing use rights for modifications, additions or extensions. Council may receive a ‘change of use’ application for a commercial development on any of these dwellings which are generally located in areas dominated by residential character and amenity.

If for any reason an approved commercial business in these area ceases to operate, as a commercial zone the owner can not change the use back to residential, it can only retain its commercial status or provide shop top housing. This provides uncertainty for business and can affect residential marketability of property.

Council is encountering this issue at present – a business previously located in Matilda Street has moved into the CBD and the former business premises is for sale. A number of enquiries have been received to use the property for residential purposes however because the property is not zoned residential it cannot be changed back to residential use despite all the surrounding uses being residential.

The uncertainty for potential purchasers of a property in this situation could lead to difficulties in marketing and potential pricing variations.

The proposed amendments

This proposal will rectify these issues by providing certainty for property owners, ensure residential land uses are retained in residential neighbourhood, commercial development is directed to the town centre and some flexibility is provided in the fringing area between the commercial and residential zones through the mixed use provisions.

Specifically this planning proposal will amend the existing B3 Commercial Core zone in certain areas to:

- R1 General Residential;

- R3 Medium Density Residential; and

- B4 Mixed Use

The proposed zone changes are shown in the following figure.

To accommodate zone changes there will also be changes to floor space ratios and minimum lot sizes.

Floor space ratio and height

Height of buildings is not proposed to be changed. The existing height across the B3 Commercial Core area is a mix between 10m and 14m and this will be retained.

At present there is no floor space ratio on areas zoned B3 Commercial Core. The areas to be rezoned residential will be provided with a floor space ratio equivalent to the surrounding floor space ratios in residential areas. The following Floor Space Ratio is proposed:

- B4 Mixed Use – no change or 0.55:1 if flood prone;

- R3 Medium Density Residential (1:1);

- R1 General Residential (0.55:1); and

- The floor space ratio for the school will not be amended.

Areas that are recognised as being flood prone and proposed to be rezoned will be provided with a 0.55:1 floor space ratio. A figure showing the existing and proposed FSR is provided below.

Minimum Lot Sizes

Land that is to be rezoned to a residential zone will be mapped to include a minimum lot size that is in the same context as the surrounding land. In this regard all land to amendment to residential will be provided with a minimum lot size of 450m².

At present the B3 Commercial Core does not have any minimum lot size, but given the character of the residential, 450m² is considered reasonable. A figure showing the existing and proposed Minimum Lot Size is provided below.

Flood Prone Land

A large amount of Macksville is recognised as being potentially impacted by a 1% AEP Flood Event (Nambucca River and Warrell Creek Flood Modelling 2013). The figure on the following pages illustrates the extent of flooding in Macksville during such an event. This figure also shows how the flood modelling will affect allotments subject to this planning proposal.

The flooding figure demonstrates that the some of the areas proposed to be rezoned are identified as being flood prone. At present these commercial areas benefit from no floor space ratio or minimum lot size provisions and because shop top housing is a permissible use in these areas, residential densities in these areas could be significant if constructed with ground floor shops. This planning proposal will reduce the potential densities available for living in these areas.

As such areas proposed to be zoned residential or mixed use and are located on flood prone land will be provided with a floor space ratio of 0.55:1 and a minimum lot size of 450m². For areas largely developed as residential already, 0.55:1 provides a reasonable density for additions or similar improvements and it is typical of the densities allocated to residential land in other parts of the shire.

Of particular note the investigations have identified that:

· Of the flood prone land proposed to be rezoned from B3 Commercial Core to B4 Mixed Use there are 24 lots in total. Of these 13 are residential dwellings and 3 are vacant. In this regard the amendment is largely ensuring the existing development pattern is reflected by the appropriate land use zone, but reducing the potential densities to reflect the flood risk on the properties.

· Of the flood prone land proposed to be rezoned from B3 Commercial Core to R1 General Residential there are 32 total lots of these 26 are existing residential dwellings. In this regard the amendment is reflects the existing development pattern but minimises future potential impacts by ensuring appropriate densities provisions apply to the land.

Variations to these proposed development controls through clause 4.6 of the Nambucca LEP 2010 could be considered at development application stage if appropriately justified.

It should also be noted that commercial premises are typically permitted to build on ground level with a requirement for storage above the 1:100 flood level. In comparison residential properties are required to construct habitable floor levels above the 1:100 level. Amending the zone to residential has the potential to reduce future damages that may result from a large flood and smaller but more frequent flood events.

Existing Uses

At present there are few commercial uses presently operating in areas dominated by residential character. Should the changes proceed and areas of B3 Commercial Core be rezoned to Residential zones it is noted that businesses legally operating can continue to do so under Existing Use provisions of the Environmental Planning and Assessment Act 1979. Also the following commercial uses would still be permissible in the residential areas:

- Home occupations;

- Home Business;

- Home Industry;

- Neighbourhood shops;

The key objectives of these uses are that they do not interfere with the amenity of the surrounding neighbourhood. This is a more appropriate way to provide business opportunities in areas dominated by residential character and amenity.

Changes to Council Rates

Many landowners would be interested to know how the rezoning may affect their payable Council rates. Council’s rates officer has been consulted and the following advice has been provided:

- Rates are generally based on land use so the majority of areas will not be affected;

- Business operating in a B4 Mixed Use zone are likely to obtain a reduced rate as they will no longer be located in the core business area by zone.

Land Values

A basic land value comparison has been undertaken to provide an indication of how the proposed changes may impact on potential land value. Using Councils property information system land values have been investigated for land zoned:

B3 Commercial Core

R1 General Residential

R3 Medium Density Residential

Tables 1 and 2 show differences between land values of nearbye localities that are not flood prone. Table 1 provides values of 8 properties that are presently zoned B3 Commercial Core but are characteristic of a residential neighbourhood and are proposed to be zoned Medium Density Residential with this amendment.

Table 2 shows land values of 8 properties on the opposing side of the road from first table that are presently zoned Medium Density Residential and no change is proposed.

Although not considered a comprehensive investigation into values it can be demonstrated from this analysis that correctly zoned area (table 2) has a considerably higher average land value of approximately $65/m².

Table 1 - Values of Properties Presently Zoned B3 Commercial Core (proposed R3 Medium Density)

Lot size (m²)	Land Value	Value/ m²	Existing use	Existing Zone	Proposed Zone
863	$76,800	88.99188876	residential	B3	R3
569	$70,000	123.0228471	commerical/ other	B3	R3
853	$76,800	90.03516999	residential	B3	R3
569	$70,000	123.0228471	residential	B3	R3
571	$70,000	122.591944	residential	B3	R3
569	$70,000	123.0228471	residential	B3	R3
853	$76,800	90.03516999	residential	B3	R3
844	$75,200	89.09952607	residential	B3	R3
	Average	106.22778

Table 2 - Values of Existing R3 Medium Density Residential (no change proposed)

Lot size (m²)	Land Value	Value/ m²	Existing use	Existing Zone	Proposed Zone
764	$99,100	129.7120419	residential	R3	no change
727	$94,600	130.1237964	Residential	R3	no change
449	$90,000	200.4454343	Residential	R3	no change
417	$81,200	194.7242206	Residential	R3	no change
381	$81,200	213.1233596	residential	R3	no change
512	$90,000	175.78125	residential	R3	no change
490	$85,500	174.4897959	residential	R3	no change
575	$90,000	156.5217391	residential	R3	no change
	Average	171.8652047

Table 3 and 4 below show land value comparisons between land in the B3 Commercial Core but residential in character (Table 3) and actual residential zoned land (Table 4) all lots being identified as flood prone. The tables show that a slightly higher land value in areas correctly zoned. Outlying values in both tables are representative of waterfront properties.

Table 3 – East Macksville (flood prone) B3 Commercial Core (proposed change R1 General Residential)

Lot size (m²)	Land Value	Value/ m²	Existing use	Existing Zone	Proposed Zone
645	79600	123.4108527	Residential	B3	R1
771	181000	234.7600519	Residential	B3	R1
670	70000	104.4776119	Residential	B3	R1
646	79600	123.2198142	Residential	B3	R1
493	67300	136.5111562	residential	B3	R1
	Average	144.4758974

Table 4 – East Macksville (flood prone) R1 General Residential (no change)

Lot size (m²)	Land Value	Value/ m²	Existing use	Existing Zone	Proposed Zone
646	80800	125.0773994	residential	R1	R1
636	66500	104.5597484	residential	R1	R1
565	177000	313.2743363	residential	R1	R1
646	80800	125.0773994	residential	R1	R1
645	83600	129.6124031	residential	R1	R1
	Average	159.5202573

It is noted that the Mixed use zone will not remove the right for commercial development, rather it will allow a choice between either commercial or residential. In this regard the proposal is not expected to effect land values of these areas in a negative manner.

Further to actual comparison of land values, the uncertainty created by the inconsistent zones and landuses, as well as relying on existing land use provisions may have implications for the marketability of a property that would be difficult to calculate as a monetary value.

CONSULTATION:

Preliminary Community Consultation

Staff recently sent a copy of the draft zone amendments with a letter briefly explaining the changes to all residents affected and the chamber of commerce. Council received one formal submission to the consultation and discussed the matter with a number of residents. From the community consultation the following matters were raised:

How will the planning proposal effect land values?

Planning Response:

An analysis of a number of properties has been undertaken to determine if the planning proposal is likely to effect land values. The results if this analysis are discussed earlier in the proposal. The discussions demonstrate that there is not likely to be an impact to land values.

It would be preferred if land on the corner of Partridge and Kane Streets (Scout Hall) did not allow units or flats, because such developments may interfere with the amenity of the area.

Planning Response:

Should this area be developed for commercial purposes in accordance with the present zoning, the amenity could be not only effected by commercial enterprises and operating requirements but also shop top housing and associated residential flats. It is anticipated that the removal the commercial zoning from this land will result in a less intrusive land use. Further to this a floor space ratio will be applied to this land which will allow development in this area to proceed in a manner that is in character with the surrounding densities.

Staff have previously reported to Council the preliminary feedback from the Department of Planning and Environment. This has not been reiterated here however is available within the planning proposal should Council wish to view it.

SUSTAINABILITY ASSESSMENT:

Environment

The planning proposal is focused on the urban environment. Flood risk has been given consideration in the preparation of the proposed amendment.

Social

The planning proposal will provide land zones and densities that more accurately reflect the character of land. Flood risk has been given consideration in the preparation of the proposed amendment.

Economic

Potential variations to the value or rates applying to land has been given consideration in the preparation of this proposal.

Risk

Nil – this report only requests Council consider forwarding the application to the Minister for consideration. Should the proposal be given permission to proceed the proposal will require formal exhibition and re-consideration by Council.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Nil the proposal has been prepared in house.

Source of fund and any variance to working funds

Planning budget if required.

Service level changes and resourcing/staff implications

Nil

Attachments:

1376/2015 - planning proposal January 2015 commercial consolidation

Ordinary Council Meeting - 30 April 2015

Planning Proposal Commercial Land Use Zones in Macksville

1.0 Preliminary

1.1 Context

This planning proposal has been drafted in accordance with section 55 of the Environmental Planning and Assessment Act 1979, and ‘A guide to preparing planning proposals’ (DoP, 2012). A gateway determination under Section 56 of the Act is requested.

1.2 Subject Land

This Planning Proposal applies to the following land:

Title	Street address	Location
Lot: B DP: 332788	21 McKay Street	MACKSVILLE NSW 2447
Lot: 1 DP: 332789	19 McKay Street	MACKSVILLE NSW 2447
Lot: 1 DP: 332789	McKay Street	MACKSVILLE NSW 2447
Lot: 2 DP: 332789	17 McKay Street	MACKSVILLE NSW 2447
Lot: 3 DP: 332789	15 McKay Street	MACKSVILLE NSW 2447
Lot: 1 DP: 115868	9 McKay Street	MACKSVILLE NSW 2447
Lot: 6 Sec: 1 DP: 2037	7 McKay Street	MACKSVILLE NSW 2447
Lot: 1 DP: 332439	5 McKay Street	MACKSVILLE NSW 2447
Lot: 1 DP: 347847	5 McKay Street	MACKSVILLE NSW 2447
Lot: 1 DP: 179067	11 McKay Street	MACKSVILLE NSW 2447
Lot: 1 Sec: F DP: 7982	26 McKay Street	MACKSVILLE NSW 2447
Lot: 2 Sec: F DP: 7982	26 McKay Street	MACKSVILLE NSW 2447
Lot: 3 Sec: F DP: 7982	24 McKay Street	MACKSVILLE NSW 2447
Lot: 4 Sec: F DP: 7982	22 McKay Street	MACKSVILLE NSW 2447
Lot: 5 Sec: F DP: 7982	20 McKay Street	MACKSVILLE NSW 2447
Lot: 6 Sec: F DP: 7982	18 McKay Street	MACKSVILLE NSW 2447
Lot: 7 Sec: F DP: 7982	16 McKay Street	MACKSVILLE NSW 2447
Lot: 1 DP: 366623	14 McKay Street	MACKSVILLE NSW 2447
Lot: 10 Sec: F DP: 7982	12 McKay Street	MACKSVILLE NSW 2447
Lot: 11 Sec: F DP: 7982	10 McKay Street	MACKSVILLE NSW 2447
Lot: 12 Sec: F DP: 7982	10 McKay Street	MACKSVILLE NSW 2447
Lot: 1 DP: 931206	33 Wallace Street	MACKSVILLE NSW 2447
Lot: 2 DP: 521119	33 Wallace Street	MACKSVILLE NSW 2447
Lot: 2 DP: 209616	36 Wallace Street	MACKSVILLE NSW 2447
Lot: 2 DP: 331437	38 Wallace Street	MACKSVILLE NSW 2447
Lot: 1 DP: 331437	40 Wallace Street	MACKSVILLE NSW 2447
Lot: 1 Sec: B DP: 12438	20 Princess Street	MACKSVILLE NSW 2447
Lot: 2 Sec: B DP: 12438	22 Princess Street	MACKSVILLE NSW 2447
Lot: C DP: 354076	23A Matilda Street	MACKSVILLE NSW 2447
Lot: 8 DP: 23148	3 Station Street	MACKSVILLE NSW 2447
Lot: 8 Sec: 3 DP: 6750	11 Matilda Street	MACKSVILLE NSW 2447
Lot: 3 Sec: A DP: 12438	3 Matilda Street	MACKSVILLE NSW 2447
Lot: 7 Sec: 3 DP: 6750	9 Matilda Street	MACKSVILLE NSW 2447
Lot: 2 DP: 501119	28 Princess Street	MACKSVILLE NSW 2447
Lot: A DP: 349944	13 Matilda Street	MACKSVILLE NSW 2447
Lot: 2 DP: 23148	32 Princess Street	MACKSVILLE NSW 2447
Lot: 1 DP: 23148	30 Princess Street	MACKSVILLE NSW 2447
Lot: B DP: 349944	15 Matilda Street	MACKSVILLE NSW 2447
Lot: C DP: 349944	17 Matilda Street	MACKSVILLE NSW 2447
Lot: 4 DP: 23148	36A Princess Street	MACKSVILLE NSW 2447
Lot: 3 DP: 23148	34 Princess Street	MACKSVILLE NSW 2447
Lot: 11 Sec: 3 DP: 6750	19 Matilda Street	MACKSVILLE NSW 2447
Lot: 5 DP: 23148	36 Princess Street	MACKSVILLE NSW 2447
Lot: A DP: 354076	21 Matilda Street	MACKSVILLE NSW 2447
Lot: 7 DP: 23148	1 Station Street	MACKSVILLE NSW 2447
Lot: 6 DP: 23148	38 Princess Street	MACKSVILLE NSW 2447
Lot: B DP: 354076	23 Matilda Street	MACKSVILLE NSW 2447
Lot: 1 DP: 320056	23 McKay Street	MACKSVILLE NSW 2447
Lot: A DP: 387232	18 Princess Street	MACKSVILLE NSW 2447
Lot: 1 DP: 209733	35 Princess Street	MACKSVILLE NSW 2447
Lot: 12 DP: 550512	18 Cooper Street	MACKSVILLE NSW 2447
Lot: 5 Sec: D DP: 5358	8 Nambucca Street	MACKSVILLE NSW 2447
Lot: 6 Sec: D DP: 5358	9 Nambucca Street	MACKSVILLE NSW 2447
Lot: 4 Sec: D DP: 5358	7 Nambucca Street	MACKSVILLE NSW 2447
Lot: 3 Sec: D DP: 5358	6 Nambucca Street	MACKSVILLE NSW 2447
Lot: 1 DP: 9387	1A Nambucca Street	MACKSVILLE NSW 2447
Lot: 2 DP: 354321	2 Nambucca Street	MACKSVILLE NSW 2447
Lot: 1 DP: 354321	3 Nambucca Street	MACKSVILLE NSW 2447
Lot: 2 Sec: D DP: 5358	5 Nambucca Street	MACKSVILLE NSW 2447
Lot: 1 Sec: D DP: 5358	4 Nambucca Street	MACKSVILLE NSW 2447
Lot: 121 DP: 620683	Star Street	MACKSVILLE NSW 2447
Lot: 6 DP: 9387	1 Star Street	MACKSVILLE NSW 2447
Lot: 7 DP: 9387	1 Star Street	MACKSVILLE NSW 2447
Lot: 10 DP: 778126	5 Kane Street	MACKSVILLE NSW 2447
Lot: 123 DP: 620683	7 Star Street	MACKSVILLE NSW 2447
Lot: 4 DP: 218220	7 Partridge Street	MACKSVILLE NSW 2447
Lot: 8 DP: 9387	3 Star Street	MACKSVILLE NSW 2447
Lot: 3 DP: 23202	29 Princess Street	MACKSVILLE NSW 2447
Lot: 5 DP: 218220	1 Kane Street	MACKSVILLE NSW 2447
Lot: 9 DP: 9387	3 Star Street	MACKSVILLE NSW 2447
Lot: 2 DP: 23202	29 Princess Street	MACKSVILLE NSW 2447
Lot: 122 DP: 620683	5 Star Street	MACKSVILLE NSW 2447
Lot: 1 DP: 23202	31 Princess Street	MACKSVILLE NSW 2447
Lot: A DP: 421245	33 Princess Street	MACKSVILLE NSW 2447
Lot: 2 DP: 209733	33 Princess Street	MACKSVILLE NSW 2447
Lot: 1 DP: 122835	22 River Street	MACKSVILLE NSW 2447
Lot: 11 DP: 778126	3 Kane Street	MACKSVILLE NSW 2447
Lot: A DP: 347142	23 River Street	MACKSVILLE NSW 2447
Lot: 4 Sec: A DP: 5358	26 River Street	MACKSVILLE NSW 2447
Lot: 5 Sec: A DP: 5358	27 River Street	MACKSVILLE NSW 2447
Lot: 3 Sec: A DP: 5358	25 River Street	MACKSVILLE NSW 2447
Lot: 2 DP: 347143	24 River Street	MACKSVILLE NSW 2447
Lot: 1 DP: 347143	23 River Street	MACKSVILLE NSW 2447
Lot: 152 DP: 708032	22 River Street	MACKSVILLE NSW 2447
Lot: B DP: 347142	24 River Street	MACKSVILLE NSW 2447
Lot: 1 DP: 940677	44 Princess Street	MACKSVILLE NSW 2447
Lot: 1 DP: 963596	13 McKay Street	MACKSVILLE NSW 2447
Lot: 1 DP: 838653	37 Wallace Street	MACKSVILLE NSW 2447
Lot: 41 DP: 834188	5 Matilda Street	MACKSVILLE NSW 2447
Lot: 42 DP: 834188	7 Matilda Street	MACKSVILLE NSW 2447
Lot: 1 DP: 664763	38 Wallace Street	MACKSVILLE NSW 2447
Lot: 4 DP: 665478	McKay Street	MACKSVILLE NSW 2447
Lot: 9 DP: 665479	12 McKay Street	MACKSVILLE NSW 2447
Lot: 1 DP: 1067743	McKay Street	MACKSVILLE NSW 2447
Lot: 1 DP: 1080984	5 McKay Street	MACKSVILLE NSW 2447
Lot: 10 DP: 1081007	11 McKay Street	MACKSVILLE NSW 2447
Lot: 10 DP: 1106510	24-26 Princess Street	MACKSVILLE NSW 2447
Lot: 2 DP: 9387	1 Nambucca Street	MACKSVILLE NSW 2447
Lot: 3 DP: 660303	1 Nambucca Street	MACKSVILLE NSW 2447

1.3 Current Zoning and Use

The following table identifies the current zone and land use of each parcel. The following figure provide an existing land zoning map. The map shows the areas subject to amendments in this planning proposal (outlined in pink).It is noted that the landuses are based on data collected in mid 2014.

*Title*	*Street Address*	*Zone*	*Current Landuse*
Lot: B DP: 332788	21 McKay Street	B3 Commercial Core	Residential
Lot: 1 DP: 332789	19 McKay Street	B3 Commercial Core	Residential
Lot: 1 DP: 332789	McKay Street	B3 Commercial Core	Residential
Lot: 2 DP: 332789	17 McKay Street	B3 Commercial Core	Residential
Lot: 3 DP: 332789	15 McKay Street	B3 Commercial Core	Vacant
Lot: 1 DP: 115868	9 McKay Street	B3 Commercial Core	Professional Services
Lot: 6 Sec: 1 DP: 2037	7 McKay Street	B3 Commercial Core	Residential
Lot: 1 DP: 332439	5 McKay Street	B3 Commercial Core	Retail
Lot: 1 DP: 347847	5 McKay Street	B3 Commercial Core	Carpark
Lot: 1 DP: 179067	11 McKay Street	B3 Commercial Core	Residential
Lot: 1 Sec: F DP: 7982	26 McKay Street	B3 Commercial Core	Residential
Lot: 2 Sec: F DP: 7982	26 McKay Street	B3 Commercial Core	Residential
Lot: 3 Sec: F DP: 7982	24 McKay Street	B3 Commercial Core	Residential
Lot: 4 Sec: F DP: 7982	22 McKay Street	B3 Commercial Core	Residential
Lot: 5 Sec: F DP: 7982	20 McKay Street	B3 Commercial Core	Residential
Lot: 6 Sec: F DP: 7982	18 McKay Street	B3 Commercial Core	Residential
Lot: 7 Sec: F DP: 7982	16 McKay Street	B3 Commercial Core	Residential
Lot: 1 DP: 366623	14 McKay Street	B3 Commercial Core	Residential
Lot: 10 Sec: F DP: 7982	12 McKay Street	B3 Commercial Core	Residential
Lot: 11 Sec: F DP: 7982	10 McKay Street	B3 Commercial Core	Residential
Lot: 12 Sec: F DP: 7982	10 McKay Street	B3 Commercial Core	Residential
Lot: 1 DP: 931206	33 Wallace Street	B3 Commercial Core	Church
Lot: 2 DP: 521119	33 Wallace Street	B3 Commercial Core	Retail
Lot: 2 DP: 209616	36 Wallace Street	B3 Commercial Core	Medical Services
Lot: 2 DP: 331437	38 Wallace Street	B3 Commercial Core	Retail
Lot: 1 DP: 331437	40 Wallace Street	B3 Commercial Core	Human Services
Lot: 1 Sec: B DP: 12438	20 Princess Street	B3 Commercial Core	Residential
Lot: 2 Sec: B DP: 12438	22 Princess Street	B3 Commercial Core	Community Services
Lot: C DP: 354076	23A Matilda Street	B3 Commercial Core	Residential
Lot: 8 DP: 23148	3 Station Street	B3 Commercial Core	Residential
Lot: 8 Sec: 3 DP: 6750	11 Matilda Street	B3 Commercial Core	Residential
Lot: 3 Sec: A DP: 12438	3 Matilda Street	B3 Commercial Core	Professional Services
Lot: 7 Sec: 3 DP: 6750	9 Matilda Street	B3 Commercial Core	Residential
Lot: 2 DP: 501119	28 Princess Street	B3 Commercial Core	Residential
Lot: A DP: 349944	13 Matilda Street	B3 Commercial Core	Residential
Lot: 2 DP: 23148	32 Princess Street	B3 Commercial Core	Residential
Lot: 1 DP: 23148	30 Princess Street	B3 Commercial Core	Residential
Lot: B DP: 349944	15 Matilda Street	B3 Commercial Core	Residential
Lot: C DP: 349944	17 Matilda Street	B3 Commercial Core	Medical Services
Lot: 4 DP: 23148	36A Princess Street	B3 Commercial Core	Residential
Lot: 3 DP: 23148	34 Princess Street	B3 Commercial Core	Residential
Lot: 11 Sec: 3 DP: 6750	19 Matilda Street	B3 Commercial Core	Residential
Lot: 5 DP: 23148	36 Princess Street	B3 Commercial Core	Residential
Lot: A DP: 354076	21 Matilda Street	B3 Commercial Core	Residential
Lot: 7 DP: 23148	1 Station Street	B3 Commercial Core	Residential
Lot: 6 DP: 23148	38 Princess Street	B3 Commercial Core	Residential
Lot: B DP: 354076	23 Matilda Street	B3 Commercial Core	Residential
Lot: 1 DP: 320056	23 McKay Street	B3 Commercial Core	Residential
Lot: A DP: 387232	18 Princess Street	B3 Commercial Core	Residential
Lot: 1 DP: 209733	35 Princess Street	B3 Commercial Core	Professional Services
Lot: 12 DP: 550512	18 Cooper Street	B3 Commercial Core	Motor Vehicle Service/ Sale
Lot: 5 Sec: D DP: 5358	8 Nambucca Street	B3 Commercial Core	Association
Lot: 6 Sec: D DP: 5358	9 Nambucca Street	B3 Commercial Core	Residential
Lot: 4 Sec: D DP: 5358	7 Nambucca Street	B3 Commercial Core	Residential
Lot: 3 Sec: D DP: 5358	6 Nambucca Street	B3 Commercial Core	Residential
Lot: 1 DP: 9387	1A Nambucca Street	B3 Commercial Core	Residential
Lot: 2 DP: 354321	2 Nambucca Street	B3 Commercial Core	Residential
Lot: 1 DP: 354321	3 Nambucca Street	B3 Commercial Core	Residential
Lot: 2 Sec: D DP: 5358	5 Nambucca Street	B3 Commercial Core	Residential
Lot: 1 Sec: D DP: 5358	4 Nambucca Street	B3 Commercial Core	Residential
Lot: 121 DP: 620683	Star Street	B3 Commercial Core	Access
Lot: 6 DP: 9387	1 Star Street	B3 Commercial Core	Residential
Lot: 7 DP: 9387	1 Star Street	B3 Commercial Core	Residential
Lot: 10 DP: 778126	5 Kane Street	B3 Commercial Core	Undeveloped
Lot: 123 DP: 620683	7 Star Street	B3 Commercial Core	Medical Services
Lot: 4 DP: 218220	7 Partridge Street	B3 Commercial Core	Undeveloped
Lot: 8 DP: 9387	3 Star Street	B3 Commercial Core	Residential
Lot: 3 DP: 23202	29 Princess Street	B3 Commercial Core	Motor Vehicle Service/ Sale
Lot: 5 DP: 218220	1 Kane Street	B3 Commercial Core	Association
Lot: 9 DP: 9387	3 Star Street	B3 Commercial Core	Residential
Lot: 2 DP: 23202	29 Princess Street	B3 Commercial Core	Motor Vehicle Service/ Sale
Lot: 122 DP: 620683	5 Star Street	B3 Commercial Core	Residential
Lot: 1 DP: 23202	31 Princess Street	B3 Commercial Core	Association
Lot: A DP: 421245	33 Princess Street	B3 Commercial Core	Medical Services
Lot: 2 DP: 209733	33 Princess Street	B3 Commercial Core	Medical Services
Lot: 1 DP: 122835	22 River Street	B3 Commercial Core	Undeveloped
Lot: 11 DP: 778126	3 Kane Street	B3 Commercial Core	Residential
Lot: A DP: 347142	23 River Street	B3 Commercial Core	Residential
Lot: 4 Sec: A DP: 5358	26 River Street	B3 Commercial Core	Residential
Lot: 5 Sec: A DP: 5358	27 River Street	B3 Commercial Core	Medical Services
Lot: 3 Sec: A DP: 5358	25 River Street	B3 Commercial Core	Residential
Lot: 2 DP: 347143	24 River Street	B3 Commercial Core	Residential
Lot: 1 DP: 347143	23 River Street	B3 Commercial Core	Government
Lot: 152 DP: 708032	22 River Street	B3 Commercial Core	Residential
Lot: B DP: 347142	24 River Street	B3 Commercial Core	Education
Lot: 1 DP: 940677	44 Princess Street	B3 Commercial Core	Residential
Lot: 1 DP: 963596	13 McKay Street	B3 Commercial Core	Residential
Lot: 1 DP: 838653	37 Wallace Street	B3 Commercial Core	Medical Services
Lot: 41 DP: 834188	5 Matilda Street	B3 Commercial Core	Carpark
Lot: 42 DP: 834188	7 Matilda Street	B3 Commercial Core	Residential
Lot: 1 DP: 664763	38 Wallace Street	B3 Commercial Core	Residential
Lot: 4 DP: 665478	McKay Street	B3 Commercial Core	Retail
Lot: 9 DP: 665479	12 McKay Street	B3 Commercial Core	Residential
Lot: 1 DP: 1067743	McKay Street	B3 Commercial Core	Accommodation
Lot: 1 DP: 1080984	5 McKay Street	B3 Commercial Core	Residential
Lot: 10 DP: 1081007	11 McKay Street	B3 Commercial Core	Residential
Lot: 10 DP: 1106510	24-26 Princess Street	B3 Commercial Core	Residential
Lot: 2 DP: 9387	1 Nambucca Street	B3 Commercial Core	Residential
Lot: 3 DP: 660303	1 Nambucca Street	B3 Commercial Core	Vacant

Description: Macksville Existing Zones

1.4 Background

Introduction

In anticipation of the impending Pacific Highway upgrade and future bypass of the Macksville Town Centre, Nambucca Shire Council has commenced a number of initiatives to prepare the town for change and opportunity including the following:

· Macksville observations and opportunities reporting;

· Macksville Town Centre Revitalisation Planning;

· Macksville Town Strategic Economic Market forum;

· Examination of Land Use planning.

An examination of the existing land use zones has led to the preparation of this planning proposal. The main objectives of this proposal is to:

· Reduce the spread of commercial activity into areas largely used for residential purposes and reduce the potential for conflict in these areas;

· Refocus commercial activity to the main commercial centre of Macksville;

· Increase the potential for activation of the town centre allowing residential development in areas fringing the CBD but not eliminate the potential for commercial development.

An observations and opportunities report prepared for Macksville indicated the following:

- The B3 Commercial Core Land use zone should be reconsidered in areas where the actual land use is predominately residential.

- An alternative may be to rezone the land B4 Mixed Use which allows either commercial or residential uses. Acknowledge the potential for landuse conflicts or the land could be rezoned to the predominate use in that area (an appropriate residential zone).

Description: http://www.nambucca.nsw.gov.au/bps/Open/2014/CO_27032014_AGN_AT_files/image067.gif

The matter was reported to Council on 27 March 2014 and Council resolved the following:

That Council endorse the commencement of investigations and preparation of a planning proposal into a refinement of the commercial zones in both Nambucca Heads and Macksville. A further report would be presented for the endorsement of a planning proposal once the matter has been further investigated.

This planning proposal represents the proposed amendments for Macksville. To justify the proposal and ensure that there are no significant environmental, social or economic impacts associated with the proposal site attributes and constraints on the land have been examined. The following briefly describes the methodology used.

Commercial Land Use Audit and Landuse pattern

The results of this land use audit are presented below:

In relation to undeveloped land and vacant land it is unlikely that undeveloped land has increased in the 6 years (unless through subdivision), it is more likely that there may have been inconsistencies with the data collection between the 2008 and 2014 periods, combining the 2 land use categories shows that over all there has been no change between the 2 periods. Nevertheless, observations during the collection period in 2014 highlighted a large number of vacant shops near the Princess St and Mackay St intersection. A number of new shops have since established in this area.

The landuse map provided below, demonstrates the extent of residential uses presently located in the B3 Commercial Core zone. The heavy pink outline designates the existing B3 Commercial Core zone. As can be seen on this map, the general commercial landuses (yellow shaded) are largely positioned towards the centre of town. The areas on the perimeter of the B3 Commercial Core zone are largely dominated by residential uses (green shade) while fringing areas show a mix of both residential and commercial landuses.

Description: macksville land use audit 2014

Issues resulting from incorrect land zones

Conflicting land uses

Description: 2015-01-12 15

Southern end of Matilda St – zoned commercial but displays residential character

Description: 2015-01-12 15

Southern end of Princess St – zoned commercial but displays residential character

Change of Use

It is assumed that the estimated 78 dwellings presently located in the commercial zone rely on existing use rights for modifications, additions or extensions. Council may receive a ‘change of use’ application for a commercial use for one of these dwellings which are generally located in areas dominated by residential character and amenity.

If for any reason an approved commercial business in these areas fail, as a commercial zone the owner can not change the use back to residential, it can only retain its commercial status or provide shop top housing. This provides uncertainty for business and can affect residential marketability of property.

The uncertainty for potential purchasers of a property in this situation could lead to difficulties in marketing and potential pricing variations.

The proposed amendments

Specifically this planning proposal will amend the existing B3 Commercial Core zone in certain areas to:

- R1 General Residential;

- R3 Medium Density Residential; and

- B4 Mixed Use

The proposed zone changes are shown in the following figure.

Description: macksville proposed zones

To accommodate zone changes there will also be changes to floor space ratios and minimum lot sizes.

At present there is no flood space ratio on commercial zoned land in Macksville. The floor space ratio changes will retain consistency with surrounding floor space ratios, except in areas that a recognised as being flood prone. In the flood areas the floor space ratio will be reduced, to minimise potential future impacts. The following figure illustrates the proposed changes to the floor space ratios.

Description: macksville existing and proposed fsr

The following figure illustrates changes to the proposed minimum lot sizes.

Description: macksville existing and proposed minimum lot size

Implications of the proposed changes

Proposed Land use zone maps have been prepared, taking into consideration the current patterns of development as well as the following principles or objectives:

- Reduce land use conflicts in areas largely occupied by residential land uses;

- Focus commercial activity towards to the town centre and reduce commercial spread;

- Increase the potential for activation of the Town Centre;

Minimum Lot Sizes

At present the B3 Commercial Core does not have any minimum lot size, but given the character of the residential areas being considered, 450m² is considered reasonable.

Floor space ratio and height

Height of buildings is not proposed to be changed. The existing height across the B3 Commercial Core area is a mix between 10m and 14m and this will be retained.

- B4 Mixed Use – no change;

- R3 Medium Density Residential (1:1);

- R1 General Residential (0.55:1); and

- The floor space ratio for the school will not be amended.

Areas that are recognised as being flood prone and proposed to be rezoned will be provided with a reduced floor space ratio.

Flood Prone Land

A large amount of Macksville is recognised as being potentially impacted by a 1% AEP Flood Event (Nambucca River and Warrell Creek Flood Modelling 2013). The following figure illustrates the extent of flooding in Macksville during such an event. This figure also shows how the flood modelling will affect allotments subject to this planning proposal.

Description: macksville flood modelling and proposed zones

The figure demonstrates that the some of the areas proposed to be rezoned are identified as being flood prone. At present these commercial areas benefit from no floor space ratio or minimum lot size provisions and because shop top housing is a permissible use in these areas, residential densities in these areas could be significant if constructed with ground floor shops. This planning proposal will reduce the potential densities available for living in these areas.

Variations to these proposed development controls through clause 4.6 of the Nambucca LEP 2010 could be considered at development application stage if appropriately justified.

Existing Uses

- Home occupations;

- Home Business;

- Home Industry;

- Neighbourhood shops;

Changes to Council Rates

Many landowners would be interested to know how the rezoning may affect their payable Council rates. Council’s rates officer has been consulted and the following advice has been provided:

- Rates are generally based on land use so the majority of areas will not be affected;

- Business operating in a B4 Mixed Use zone are likely to obtain a reduced rate as they will no longer be located in the core business area by zone.

Land Values

B3 Commercial Core

R1 General Residential

R3 Medium Density Residential

Table 2 shows land values of 8 properties on the opposing side of the road from first table that are presently zoned Medium Density Residential and no change is proposed.

Table 1 - Values of Properties Presently Zoned B3 Commercial Core (proposed R3 Medium Density)

Lot size (m²)	Land Value	Value/ m²	Existing use	Existing Zone	Proposed Zone
863	$76,800	88.99188876	Residential	B3	R3
569	$70,000	123.0228471	commerical/ other	B3	R3
853	$76,800	90.03516999	residential	B3	R3
569	$70,000	123.0228471	residential	B3	R3
571	$70,000	122.591944	residential	B3	R3
569	$70,000	123.0228471	residential	B3	R3
853	$76,800	90.03516999	residential	B3	R3
844	$75,200	89.09952607	Residential	B3	R3
	Average	106.22778

Table 2 - Values of Existing R3 Medium Density Residential (no change proposed)

Lot size (m²)	Land Value	Value/ m²	Existing use	Existing Zone	Proposed Zone
764	$99,100	129.7120419	residential	R3	no change
727	$94,600	130.1237964	Residential	R3	no change
449	$90,000	200.4454343	Residential	R3	no change
417	$81,200	194.7242206	Residential	R3	no change
381	$81,200	213.1233596	residential	R3	no change
512	$90,000	175.78125	residential	R3	no change
490	$85,500	174.4897959	residential	R3	no change
575	$90,000	156.5217391	residential	R3	no change
	Average	171.8652047

Table 3 – East Macksville (flood prone) B3 Commercial Core (proposed change R1 General Residential)

Lot size (m²)	Land Value	Value/ m²	Existing use	Existing Zone	Proposed Zone
645	79600	123.4108527	Residential	B3	R1
771	181000	234.7600519	Residential	B3	R1
670	70000	104.4776119	Residential	B3	R1
646	79600	123.2198142	Residential	B3	R1
493	67300	136.5111562	residential	B3	R1
	Average	144.4758974

Table 4 – East Macksville (flood prone) R1 General Residential (no change)

Lot size (m²)	Land Value	Value/ m²	Existing use	Existing Zone	Proposed Zone
646	80800	125.0773994	residential	R1	R1
636	66500	104.5597484	residential	R1	R1
565	177000	313.2743363	residential	R1	R1
646	80800	125.0773994	residential	R1	R1
645	83600	129.6124031	residential	R1	R1
	Average	159.5202573

Part 1 Objectives or Intended outcomes

The primary objective of this LEP amendment is to achieve the zone, floor space ratio and lot size changes described below:

- Rezone land in Macksville from B3 Commercial Core to R1 General Residential;

- Rezone land in Macksville from B3 Commercial Core to R3 Medium Density Residential;

- Rezone land in Macksville from B3 Commercial Core to B4 Mixed Use;

- Provide a Floor Space Ratio of 0.55:1 to land to be rezoned General Residential or Mixed Use

- Provide an Floor Space Ratio of 1:1 for areas zoned R3 Medium Density Residential

- Provide a minimum lot size to land to be rezoned to residential or mixed use.

Part 2 Explanation of Provisions

The objectives of the LEP amendment will be achieved by amending the land zoning maps; the floor space ratio maps and the minimum lot size maps as they relate to Macksville.

Part 3 Justification

Section A – Need for the Planning Proposal

1 Is the Planning Proposal the Result of any Strategic study or Report?

A review of the land use zones for Macksville has been identified as an action in Council’s ‘Macksville observations and opportunities report’. The intention of the action is to assist the town to prepare for change with the impending Highway Bypass.

2 Is the planning proposal the best means of achieving the objectives or intended outcomes or is there a better way?

Yes. There is no other way of providing the amendments.

3 Is the planning proposal consistent with the objects and actions of the applicable regional or subregional strategy?

The Mid North Coast Regional Strategy states that ‘Local environmental plans will ensure that sufficient lands which are zoned industrial and business and currently vacant are protected to accommodate the new jobs required for each local government area until 2031.’

This proposal will amend the B3 Commercial Core to B4 Mixed Use on three (3) Vacant Lots on the corner of Partridge and Kane Streets. These lots will have the potential to be used for residential in preference to commercial activities however as it will be zoned Mixed Use either land use will be permissible and the market can determine the future of this land (total 2518m²). Should it be developed for residential purposes, this is considered a minor potential loss of commercial zoned land.

It is not expected that the planning proposal will have a significant impact of the future floor space available for commercial developments in the shire given, there are a number of vacant premises and undeveloped properties still available for the market. The availability of land combined with the generous floor space ratios, height limits and minimum lot sizes within the Nambucca LEP 2010, allow for adequate growth and employment generating activities within the retained commercial areas.

4 Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other strategic plan?

Councils Community Strategic Plan identifies the following strategic action. This proposed amendment is considered to be consistent with the objective of the action.

5 if the provisions of the planning proposal include the extinguishment of any interests in the land, an explanation of the reasons why the interests are proposed to be extinguished.

The planning proposal will not extinguish any interests an land.

6 The concurrence of the landowner, where the land is not owned by the relevant planning authority

Some preliminary consultation has been undertaken with the community in regards to the proposed changes. Further consultation will need to be undertaken during the exhibition period.

7 Is the planning proposal consistent with applicable state environmental polices?

Yes. Applicable SEPP’s are addressed in following parts of this proposal.

8 Is the planning proposal consistent with relevant ministerial directions (117 directions)?

Yes. Applicable 117 directions are addressed in following parts of this proposal.

9 Is there any likelihood that critical habitat or threatened species population or ecological communities or their habitats will be adversely affected as a result of this proposal?

No, this planning proposal relates to urban land, no critical habitat, threatened species populations or ecological communities or their habitats will be adversely impacted by this planning proposal.

10 Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?

There should be no direct environmental effects associated with the proposed LEP amendment.

11 Has the planning proposal adequately addressed any social and economic effects?

The planning proposal is expected to provide a number of social and economic benefits including:

- Consolidation of commercial activity into the town centre, improving activation of the centre

- Reducing land use conflicts in areas dominated by residential character;

- Reducing potential impacts that may result from large flood events by minimising potential densities in flood prone areas;

12 Is there adequate public infrastructure for the planning proposal?

Yes. All areas are currently serviced and redirecting commercial activity into the town centre makes businesses more accessible to public parking areas in Star Street and Winifred Street.

13 What are the views of the relevant state and commonwealth authorities consulted in accordance with the gateway determination?

A gateway determination is yet to be received.

Part 4 Community Consultation

The planning proposal is not considered to be a low impact proposal in accordance with Section 4.5 of ‘A guide to preparing local environmental plans’. As such it is intended that exhibition period for the planning proposal will be a minimum of 28 days and the exhibition will be undertaken in accordance with Section 4.5 of ‘A guide to preparing local environmental plans’.

Preliminary consultations have been undertaken with landholders and the Department of Planning details of these consultations are provided below:

Preliminary Community Consultation

How will the planning proposal effect land values?

Planning Response:

It would be preferred if land on the corner of Partridge and Kane Streets (Scout Hall) did not allow units or flats, because such developments may interfere with the amenity of the area.

Planning Response:

Preliminary Feedback from the Department of Planning and Environment

Based on the existing land uses the Departments initial assessment is that the proposal will provided some positive outcomes but also provided the following preliminary advice.

Strategic Framework - The Nambucca Local Growth Management Strategy Employment Lands 2010 identified a need for additional office and retail floor space during the life of the strategy. The Strategy suggested that this would be achieved with higher floor areas in the existing commercial zones. While I understand what Council is trying to achieve in reviewing the zones in the Macksville CBD, the planning proposal should address this need for additional floor area as identified by the strategy. Will the proposed reduction in the area of the B3 zone still enable the necessary increases in floor area for commercial uses to meet future demand? If you had some figures for this they should be included in the proposal. The Mid North Coast Regional Strategy also contains the action:

‘Local environmental plans will ensure that sufficient lands which are zoned industrial and business and currently vacant are protected to accommodate the new jobs required for each local government area until 2031.’

While not all of the B3 land is vacant, the principle of retaining sufficient B3 zoned land to cater for future demand is still relevant, as discussed above in relation to the employment lands strategy.

Council Staff response:

It is noted the B3 Commercial Core areas are not presently restricted by a Floor Space Ratio and have generous height limits to achieve increases in density. Two (2) undeveloped land parcels will be retained in the commercial core zone to provide for some future growth. Driving the commercial activity back into the centre may contribute to a reduction to shop vacancy rates. Additional demand for growth could then be accommodated through future amendments as necessary.

Floor Space Ratios - I note that you intend to apply floor space ratios to the areas of land proposed to be zoned R1, R3 and B4 and this is supported. I note the building heights are not proposed to change and this appears to be appropriate.

Land Use Conflict - There are 5 lots west of West Street and south of McKay St which are going from B3 to B4 and they adjoin the industrial zone. I note from your audit map that three of the lots have dwellings on them now and two are commercial in use. Given the proximity to the industrial zone is it desirable to allow mixed use in this location and perhaps an increased amount of residential development? Would it be better to stop the B4 zone on the eastern side of West St? I am not familiar enough with the location to be able to provide specific recommendations, this is just an observation based on the mapping.

Council Staff response:

Agreed, the commercial areas immediately adjoining the industrial area will be retained, prior to consulting with landholders the draft maps were amended. These changes are reflected in this planning proposal.

Section 117 Directions - The S117 Directions which will be most applicable to this proposal are;

1.1 Business and Industrial Zones - The proposal will need to address the direction's requirement that there be no reduction in the total potential floor space area for employment uses, and that the proposal shall retain areas and locations of existing business and industrial zones. These issues will be related to the future commercial floor space demand discussed in relation to the Employment Lands Strategy previously.

3.1 Residential Zones - though I expect the proposal would not be inconsistent with the objectives of the direction.

4.3 Flood Prone Land - I understand some of the subject land is flood prone. Will the change of zoning allow significant increases in development of that land? I would suspect it would not but this matter needs to be given some consideration and discussion in the planning proposal. Issues such as new FSRs for the R1 zoned land compared to no current FSR for the B3 land. Proposed MLS for the R1 land.

Council staff response:

117 Directions have been addressed in detail within this planning proposal.

Minimum Lot size - Will a MLS be applied to the new residential zones? I note that the other residential zones in Macksville have a MLS. This could also influence development potential in relation to the flooding issue.

Council staff response:

Yes a minimum lot size has been applied in the context of the surrounding land and included as part of this amendment.

Appendix 1 - State Environmental Planning Policies

All State Environmental Planning Policies (SEPP) have been considered in the preparation of the planning proposal, however none are directly applicable to this planning proposal.

· State Environmental Planning Policy No 32—Urban Consolidation (Redevelopment of Urban Land)

(1) This Policy aims:

(a) to promote the orderly and economic use and development of land by enabling urban land which is no longer required for the purpose for which it is currently zoned or used to be redeveloped for multi-unit housing and related development, and

(b) to implement a policy of urban consolidation which will promote the social and economic welfare of the State and a better environment by enabling:

(i) the location of housing in areas where there are existing public infra-structure, transport and community facilities, and

(ii) increased opportunities for people to live in a locality which is close to employment, leisure and other opportunities, and

(iii) the reduction in the rate at which land is released for development on the fringe of existing urban areas.

(2) The objectives of this Policy are:

(a) to ensure that urban land suitable for multi-unit housing and related development is made available for that development in a timely manner, and

(b) to ensure that any redevelopment of urban land for multi-unit housing and related development will result in:

(i) an increase in the availability of housing within a particular locality, or

(ii) a greater diversity of housing types within a particular locality to meet the demand generated by changing demographic and household needs, and

(i) the criteria which will be applied by the Minister to determine whether the redevelopment of particular urban land sites is of significance for environmental planning for a particular region, and

(ii) the special considerations to be applied to the determination of development applications for multi-unit housing and related development on sites of such significance.

Section 7 of this SEPP indicates that when preparing an environmental planning instrument relating to urban land the aims and objectives of this policy to fullest extent possible.

The changes proposed through this amendment are considered consistent with the aims and objectives of this SEPP. Rather providing for the redevelopment of Urban land this proposal is focused on ensuring that the appropriate zones are applied to the existing land use patterns.

· State Environmental Planning Policy No 71 – Coastal Protection

The object of this policy is to provide for the protection and management of sensitive and significant areas within the coastal zone. The land being considered within this planning proposal is located within the coastal zone. Therefore, in preparing the final LEP, Council must consider the natural, cultural, recreational and economic attributes of land within the coastal zone to ensure that public access to foreshore areas, Aboriginal heritage, visual amenity, coastal flora and fauna, coastal processes and cumulative impacts are addressed.

The land is located within the Coastal Zone nevertheless it does not have direct access to the Coast. Responses to clause 8 matters associated with this proposal are presented below.

(a) the aims of this Policy set out in clause 2,

The planning proposal amending the land zone, floor space ratio and minimum lots sizes on existing commercial zoned land. This process would not be inconsistent with aims of the policy.

(b) existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved,

The land does not provide any access to the coastal foreshore.

(c) opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability,

The land does not lend itself to foreshore access.

(d) the suitability of development given its type, location and design and its relationship with the surrounding area,

The intent of this planning proposal is largely to ensure that permissible land uses more accurately reflect the existing pattern of development.

(e) any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore,

The land does not adjoin coastal foreshore, this part is not applicable.

(f) the scenic qualities of the New South Wales coast, and means to protect and improve these qualities,

Any future development on the land is unlikely to impact on the scenic qualities of the NSW Coast.

(g) measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats,

The land is generally urban in nature and it is unlikely that future development will have a detrimental impact on any threatened species, populations or their habitats.

(h) measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and marine vegetation (within the meaning of that Part), and their habitats

The land is general urban and it is unlikely that future development will have a detrimental impact on any threatened species, populations or their habitats.

(i) existing wildlife corridors and the impact of development on these corridors,

The land is presently urban, reduction in densities within the subject land would provide greater potential to achieve deep soil zones and landscaping that may contribute to the ability of wildlife to traverse the urban landscape.

(j) the likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards,

Nil

(k) measures to reduce the potential for conflict between land-based and water-based coastal activities

Nil

(l) measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals,

The land is urban in character and no known heritage items or places are known to be present.

(m) likely impacts of development on the water quality of coastal waterbodies,

Nil

(n) the conservation and preservation of items of heritage, archaeological or historic significance,

The land is urban in character and no known heritage items or places are known to be present.

(o) only in cases in which a council prepares a draft local environmental plan that applies to land to which this Policy applies, the means to encourage compact towns and cities,

This proposal is aimed at ensure the appropriate land use zones are applied within the Macksville town.

(p) only in cases in which a development application in relation to proposed development is determined:

(i) the cumulative impacts of the proposed development on the environment, and

This is proposal is not related to an individual development.

(ii) measures to ensure that water and energy usage by the proposed development is efficient.

Future development of the site will comply with appropriate Australian standards and other relevant development controls or requirements.

Note. Clause 92 of the Environmental Planning and Assessment Regulation 2000 requires the Government Coastal Policy (as defined in that clause) to be taken into consideration by a consent authority when determining development applications in the local government areas identified in that clause or on land to which the Government Coastal Policy applies.

Appendix 2 - Section 117 Directions

All of the ministers section 117 directions under Environmental Planning and Assessment Act 1979 have been considered during the preparation of this planning proposal. The follow review provides a response to each.

1 Employment and Resources

Direction 1.1 Business and Industrial Zones

The objectives of this direction are to:

a encourage employment growth in suitable locations,

b protect employment land in business and industrial zones, and

c support the viability of identified strategic centres.

This direction applies when a council prepares a draft LEP that affects land within an existing or proposed business or industrial zone (including the alteration of any existing business or industrial zone boundary).

A draft LEP shall:

a give effect to the objectives of this direction,

b retain the areas and locations of existing business and industrial zones,

c not reduce the total potential floor space area for employment uses and related public services in business zones,

d not reduce the total potential floor space area for industrial uses in industrial zones, and

e ensure that proposed new employment areas are in accordance with a strategy that is approved by the Director-General of the Department of Planning.

The planning proposal will result in a reduction of the availability B3 Commercial Core zoned land. However, the proposal aims to reflect the existing land use pattern and maintain the character of residential neighbourhoods. It is unlikely that areas being rezoned to residential as part of this amendment would suit larger scale commercial developments due to amenity impacts of these neighbourhoods. As stated in the body of this report these areas would be more suited to small scale commercial enterprises such as those permissible by neighbourhood shops, home occupations, home industries and home business. Driving the core commercial activity back into the centre may contribute to a reduction to shop vacancy rates.

The B3 Commercial Core areas are not presently restricted by a Floor Space Ratio and have generous height limits to achieve increases in density. Two (2) undeveloped land parcels will be retained in the commercial core zone to provide for some future growth. Additional demand for growth could then be accommodated through future amendments as necessary

The planning proposal is considered a minor inconsistency to this direction.

Direction 1.2 Rural Zones

Not applicable.

Direction 1.3 Mining, Petroleum Production and Extractive Industries

Not applicable

Direction 1.4 Oyster Aquaculture

Not applicable

Direction 1.5 Rural Lands

Not applicable

2 Environment and Heritage

Direction 2.1 Environment Protection Zones

Not applicable

Direction 2.2 Coastal Protection

The objective of this direction is to implement the principles in the NSW Coastal Policy.

This direction applies to the coastal zone, as defined in the Coastal Protection Act 1979.

This direction applies when a council prepares a draft LEP that applies to land in the coastal zone.

A draft LEP shall include provisions that give effect to and are consistent with:

a the NSW Coastal Policy: A Sustainable Future for the New South Wales Coast 1997, and

b the Coastal Design Guidelines 2003, and

c the manual relating to the management of the coastline for the purposes of section 733 of the Local Government Act 1993 (the NSW Coastline Management Manual 1990).

The comments and considerations given to clause 8 matters within SEPP 71 Coastal Protection cover the relevant provisions of the NSW Coastal Policy, coastal design guidelines and other documentation. No further consideration of these matters is necessary in this part.

Direction 2.3 Heritage Conservation

Not applicable

3 Housing, Infrastructure and Urban Development

Direction 3.1 Residential Zones

The objectives of this direction are:

a to encourage a variety and choice of housing types to provide for existing and future housing needs,

b to make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services, and

c to minimise the impact of residential development on the environment and resource lands.

This direction applies when a council prepares a draft LEP that affects land within:

a an existing or proposed residential zone (including the alteration of any existing residential zone boundary),

b any other zone in which significant residential development is permitted or proposed to be permitted.

A draft LEP shall include provisions that encourage the provision of housing that will:

a broaden the choice of building types and locations available in the housing market, and

b make more efficient use of existing infrastructure and services, and

c reduce the consumption of land for housing and associated urban development on the urban fringe, and

d be of good design.

A draft LEP shall, in relation to land to which this direction applies:

a contain a requirement that residential development is not permitted until land is adequately serviced (or arrangements satisfactory to the council, or other appropriate authority, have been made to service it), and

b not contain provisions which will reduce the permissible residential density of land.

This direction is not applicable as the land is not zoned residential nor is it proposed to zone the land residential.

3.2 Caravan Parks and Manufactured Home Estates

This planning proposal does not effect a manufactured home estate or caravan and as such is not applicable.

3.3 Home Occupations

This planning proposal does not result in any changes to the potential for home occupations to be undertaken without consent in residential zones.

Direction 3.4 Integrated Land Use and Transport

The objective of this direction is to ensure that urban structures, building forms, land use locations, development designs, subdivision and street layouts achieve the following planning objectives:

a improving access to housing, jobs and services by walking, cycling and public transport, and

b increasing the choice of available transport and reducing dependence on cars, and

c reducing travel demand including the number of trips generated by development and the distances travelled, especially by car, and

d supporting the efficient and viable operation of public transport services, and

e providing for the efficient movement of freight.

This direction applies when a council prepares a draft LEP that creates, alters or removes a zone or a provision relating to urban land, including land zoned for residential, business, industrial, village or tourist purposes.

A draft LEP shall locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of:

a Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and

b The Right Place for Business and Services – Planning Policy (DUAP 2001).

The planning proposal is consistent with this direction. The zoning amendments are essentially ensuring that the zones are consistent with existing existing development patterns. No issues have been raised specifically to do with public transport in the areas being considered by this proposal.

Direction 3.5 Development Near Licensed Aerodromes

This direction is not applicable.

4 Hazard and Risk

Direction 4.1 Acid Sulfate Soils

The objective of this direction is to avoid significant adverse environmental impacts from the use of land that has a probability of containing acid sulfate soils.

This direction applies when a council prepares a draft LEP that will apply to land having a probability of containing acid sulfate soils as shown on the Acid Sulfate Soils Planning Maps.

Council shall consider the Acid Sulfate Soils Planning Guidelines adopted by the Director-General of the Department of Planning when preparing a draft LEP that applies to any land identified on the Acid Sulfate Soils Planning Maps as having a probability of acid sulfate soils being present.

When a council is preparing a draft LEP to introduce provisions to regulate works in acid sulfate soils, those provisions shall be consistent with:

a the Acid Sulfate Soils Model LEP in the Acid Sulfate Soils Planning Guidelines adopted by the Director-General, or

b such other provisions provided by the Director-General of the Department of Planning that are consistent with the Acid Sulfate Soils Planning Guidelines.

A council shall not prepare a draft LEP that proposes an intensification of land uses on land identified as having a probability of containing acid sulfate soils on the Acid Sulfate Soils Planning Maps unless the council has considered an acid sulfate soils study assessing the appropriateness of the change of land use given the presence of acid sulfate soils. Council shall provide a copy of any such study with its statement to the Director-General of the Department of Planning under section 64 of the EP&A Act.

Where provisions referred to under paragraph (5) of this direction have not been introduced and council is preparing a draft LEP that proposes an intensification of land uses on land identified as having a probability of acid sulfate soils on the Acid Sulfate Soils Planning Maps, the draft LEP must contain provisions consistent with paragraph (5).

Clause 7.1 of the Nambucca LEP 2010 contains provisions which address the issue of acid sulphate soils. In response to this clause future development applications on the site will give appropriate consideration to acid sulphate soils. It is noted that most of the land being considered as part of this proposal is already developed.

Direction 4.3 Flood Prone Land

The objectives of this direction are:

a to ensure that development of flood prone land is consistent with the NSW Government’s Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005, and

b to ensure that the provisions of an LEP on flood prone land is commensurate with flood hazard and includes consideration of the potential flood impacts both on and off the subject land.

This direction applies when a council prepares a draft LEP that creates, removes or alters a zone or a provision that affects flood prone land.

A draft LEP shall include provisions that give effect to and are consistent with the NSW Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas).

A draft LEP shall not rezone land within the flood planning areas from Special Use, Special Purpose, Recreation, Rural or Environmental Protection Zones to a Residential, Business, Industrial, Special Use or Special Purpose Zone.

A draft LEP shall not contain provisions that apply to the flood planning areas which:

a permit development in floodway areas,

b permit development that will result in significant flood impacts to other properties,

c permit a significant increase in the development of that land,

d are likely to result in a substantially increased requirement for government spending on flood mitigation measures, infrastructure or services, or

e permit development to be carried out without development consent except for the purposes of agriculture (not including dams, drainage canals, levees, buildings or structures in floodways or high hazard areas), roads or exempt development.

A draft LEP must not impose flood related development controls above the residential flood planning level for residential development on land, unless a council provides adequate justification for those controls to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General).

For the purposes of a draft LEP, a council must not determine a flood planning level that is inconsistent with the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas) unless a council provides adequate justification for the proposed departure from that Manual to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General).

Part of the land being considered by this planning proposal is considered to be flood prone. At present the B3 Commercial Core zone being considered for rezoning has no applicable floor space ratio provisions or minimum lot size provisions.

In order to reduce the potential residential densities that may occur in these areas through shop top housing Council is proposing to apply a floor space ratio of 0.55:1 and minimum lot size of 450m² to flood prone land. These provisions are explained in more detail within the body of this planning proposal.

Of the flood prone land proposed to be rezoned from B3 Commercial Core to B4 Mixed Use there are 24 lots in total. Of these 13 are residential dwellings and 3 are vacant. In this regard the amendment is largely ensuring the existing development pattern is reflected by the appropriate land use zone, but reducing the potential densities to reflect the flood risk on the properties.

Of the flood prone land proposed to be rezoned from B3 Commercial Core to R1 General Residential there are 32 total lots of these 26 are existing residential dwellings. In this regard the amendment is reflects the existing development pattern but minimises future potential impacts by ensuring appropriate densities provisions apply to the land.

Further comments in relation to the flooding hazard on the land are provided in the body of the report.

Direction 4.4 Planning for Bushfire Protection

No land being considered under this planning proposal is identified as being bushfire prone.

5 Regional Planning

Direction 5.1 Implementation of Regional Strategies

Objective

(1) The objective of this direction is to give legal effect to the vision, land use strategy, policies,

outcomes and actions contained in regional strategies.

Where this direction applies

(2) This direction applies to land to which the following regional strategies apply:

(a) Far North Coast Regional Strategy

(b) Lower Hunter Regional Strategy

(d) South Coast Regional Strategy

(e) Sydney–Canberra Corridor Regional Strategy

(f) Central Coast Regional Strategy, and

(g) Mid North Coast Regional Strategy.

When this direction applies

(3) This direction applies when a council prepares a draft Local Environmental Plan (LEP).

What a council must do if this direction applies

(4) Draft LEPs shall be consistent with a regional strategy released by the Minister for Planning.

Consistency

(5) A draft LEP may be inconsistent with the terms of this direction only if council can satisfy the

Director-General of the Department of Planning (or an officer of the Department nominated by the

Director-General), that the extent of inconsistency with the regional strategy:

(a) is of minor significance, and

(b) the draft LEP achieves the overall intent of the regional strategy and does not undermine the

achievement of its vision, land use strategy, policies, outcomes or actions.

Direction 5.2 Sydney Drinking Water Catchments

Not applicable

Direction 5.3 Farmland of State and Regional Significance on the NSW Far North Coast

Not applicable

Direction 5.4 Commercial and Retail Development along the Pacific Highway, North Coast

Not applicable.

Direction 5.8 Second Sydney Airport: Badgerys Creek

Not applicable

6 Local Plan Making

Direction 6.1 Approval and Referral Requirements

The objective of this direction is to ensure that LEP provisions encourage the efficient and appropriate assessment of development.

A draft LEP shall:

a minimise the inclusion of provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, and

b not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the council has obtained the approval of:

i the appropriate Minister or public authority, and

ii the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General),

prior to a certificate under section 65 of the Act being issued, and

c not identify development as designated development unless the council:

i can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that the class of development is likely to have a significant impact on the environment, and

ii has obtained the approval of the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) prior to a certificate being issued under section 65 of the Environmental Planning and Assessment Act 1979.

The planning proposal is consistent with this direction.

Direction 6.2 Reserving Land for Public Purposes

Not applicable

Direction 6.3 Site Specific Provisions

The objective of this direction is to discourage unnecessarily restrictive site specific planning controls.

This direction applies when a council prepares a draft LEP to allow a particular development to be carried out.

A draft LEP that amends another environmental planning instrument in order to allow a particular development proposal to be carried out shall either:

a allow that land use to be carried out in the zone the land is situated on, or

b rezone the site to an existing zone already applying in the environmental planning instrument that allows that land use without imposing any development standards or requirements in addition to those already contained in that zone, or

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.

Project	Organisation	Levy Funds Requested	in-kind proposed	Total Project Value
Valla Beach Coastal Vegetation Plan - Plan to guide future environmental Management	Nambucca Valley Landcare	$5,000	$1,500	$6,500
Scotts Head Coastal Vegetation Plan - Plan to guide future environmental Management	Nambucca Valley Landcare	$5,000	$1,500	$6,500
Nambucca Heads Coastal Vegetation Plan - Plan to guide future environmental Management	Nambucca Valley Landcare	$5,000	$1,500	$6,500
Installation of Solar Power @ Missabotti Hall - installation of a 2KW solar panel system with an objective of reducing electricity costs while putting green energy back into the grid.	Missabotti Community Centre	$3,797	$0	$3,797
Dune Restoration/ Rehabilitation Scotts Head - Weed Reduction and revegetation of the coastal Dune System	Scotts Head Protection Group	$5,000	$5,000	$10,000
Duffos Rest Area (improvements) - Improvements to Duffo's Rest Area including; Copper log fencing; besser block garden Beds; garbage Bins; Tree identification signs; Signage	Nambucca Lions	$5,000	$780	$5,780
I spy Wildlife - Produce Wildlife Education packs to distribute to 8 primary schools within the Shire for teachers to use to educate children about our native wildlife and how we can protect them through environmental management.	Wires (Nambucca Valley District)	$2,000	$0	$2,000
	Total	$30,797	$10,280	$41,077

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/032	12/03/15	25 Lot Subdivision	Lot 208 DP 755537, Gumbayngirr Road, South Arm
SUBMISSIONS RECEIVED/STAFF COMMENTS One public submission has been received · The submission supports the proposed subdivision in general as it will provide self-determining options for home ownership for the community and a coordinated approach to bushfire protection and planning for the site. · The area of concern is that proposed part lot 25 used to be a Council waste depot and is believed to be contaminated. This potential contamination is not noted in the report into the proposed subdivision. · The submitter is concerned about risks to the community if residential development is undertaken at a later date on this site.
DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/048	08/04/15	Residential Additions	Lot 412 DP 611276, 7 Ocean Street, Scotts Head
SUBMISSIONS RECEIVED/STAFF COMMENTS One public submission has been received · The submission requests that adequately sized guttering and stormwater drainage be installed due to the large size of the garage roof and the addition of the pergola roof.
DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/043	27/03/2015	Change of Use (General Store to Café)	Lot 7 Section 4 DP 245317, 4 Thompson Street, Valla Beach
SUBMISSIONS RECEIVED/STAFF COMMENTS Two public submissions have been received – both support the application · Recent improvements to the premises have improved the business · It is an excellent meeting place for local residents · There are no nearby problems with parking, crowding or loitering · Café’s presence discourages certain undesirable activities taking place nearby · Much safer place for a café than on Valla Beach Road · Supports local employment · No inconvenience re noise or garbage · Residents deserve to have choice

	Cats	Dogs
COUNCIL’S SEIZURE ACTIVITY
Seized (doesn’t include those animals dumped or surrendered)	0	0
Returned to Owner	0	0
Transferred to - Council's Facility from Seizure Activities	0	0
ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY
Animals In Council's Facility - (Start of Month)	0	7
Abandoned or Stray	0	12
Surrendered	0	0
Animals transferred from Seizure Activities	0	0
Total Incoming Animals	0	19
ANIMALS LEAVING COUNCIL'S FACILITY
Released to Owners	0	4
Sold	0	6
Released to Organisations for Rehoming	0	0
Died at Council's Facility(other than euthanased)	0	0
Stolen from Council's Facility	0	0
Escaped from Council's Facility	0	0
Other	0	0
EUTHANASED
Restricted Dogs		0
Dangerous Dogs		0
Owner’s Request	0	0
Due to Illness, Disease or Injury	0	0
Feral/infant animal	0	0
Unsuitable for rehoming	0	3
Unable to be rehomed	0	0
Total Euthanased	0	0
Total Outgoing Animals	0	13
TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)	0	6

March 2015		PARKING & OTHER
REGO NO.	PN NUMBER	INFRINGEMENT DETAILS	PENALTY $	DATE ISSUED
PTC 192	3106925993	Stop in Bus Zone	242.00	4/03/2015
AT 10 BW	3106925223	Stop in Loading Zone	173.00	9/03/2015
AH 55 KB	3106925232	No angle park as on parking control sign	104.00	11/03/2015
BL 59 XK	3106925241	Stop in Loading Zone	173.00	11/03/2015
922 KZH	3106925297	No Parking	104.00	18/03/2015
BZ 55 QJ	3106925306	Park longer than permitted	104.00	18/03/2015
BM 84 TA	3106925315	No angle park as on parking control sign	104.00	18/03/2015
BMZ 35L	3106925324	No Stopping	242.00	18/03/2015
		TOTAL VALUE OF PENALTIES:	1246.00