Agenda of Ordinary Council Meeting

NAMBUCCA

SHIRE COUNCIL

Ordinary Council Meeting

AGENDA ITEMS

14 January 2016

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

Our Vision

Nambucca Valley ~ Living at its best.

Our Mission Statement

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

Our Values in Delivery

· Effective leadership

· Strategic direction

· Sustainability of infrastructure and assets

· Community involvement and enhancement through partnerships with Council

· Enhancement and protection of the environment

· Maximising business and employment opportunities through promotion of economic development

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

· Actively pursuing resource sharing opportunities

Council Meetings: Overview and Proceedings

Council meetings are held on the last Thursday of each month AND on the Thursday two weeks before the Thursday meeting. Both meetings commence at 5.30 pm. Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

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

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

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

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

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

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

Meeting Agenda

These are available Council’s website: www.nambucca.nsw.gov.au

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting - 14 January 2016

Acknowledgement of Country (Mayor)

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

AGENDA Page

1 APOLOGIES

2 PRAYER

3 DISCLOSURE OF INTEREST

4 CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 15 December 2015.............................................................................. 6

5 NOTICES OF MOTION

6 PUBLIC FORUM

Mr Brendan Goswell on behalf of Old Coast Road overpass in memory of David and Ryan Goswell.

7 ASKING OF QUESTIONS WITH NOTICE

8 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9 General Manager Report

9.1 Public Forum Address by Mr Brendan Goswell - Background Information.......................... 16

9.2 Outstanding Actions and Reports.................................................................................... 21

9.3 Planning Proposal Nambucca Lep 2010 – Nomination Of Heritage Items Stage 1............... 29

9.4 Outstanding DAs greater than 12 months OR where submissions received - 5 December 2015 - 4 January 2016.................................................................................................................. 38

9.5 2015 December - Received Development Applications Received and Complying Development Applications .................................................................................................................. 42

9.6 2015 December - Approved Construction Certificates and Complying Development Certificates 45

9.7 Proposed 2 lot subdivision of Lot 92 DP 109953870, 70 Seaforth Drive, Valla Beach......... 49

9.8 Request for an Extension of Time to Remediate Pistol Shooting Range - 816 to 846 Gumma Road, Gumma ......................................................................................................................... 62

9.9 Annual Summary - Indian Myna Control Project - 2014-2015.............................................. 70

9.10 Council Boundary Reviews.............................................................................................. 81

10 Assistant General Manager Corporate Services Report

10.1 Developer Contributions Plan : Adoption of Final Local Roads and Traffic Infrastructure ... 90

10.2 Draft Final Cycleway Plan 2016...................................................................................... 145

10.3 Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 29 October 2015........................................................................................................... 222

10.4 Taylors Arm Hall Committee of Management - Minutes of Annual General Meeting - 10 December 2015.................................................................................................................................... 225

10.5 Schedule of Council Public Meetings............................................................................. 231

11 Assistant General Manager Engineering Services Report

11.1 Tender No. T2015-33 - Sewer Main replacement - NOROC Panel Contract......................... 232

12 General Manager's Summary of Items to be Discussed in Closed Meeting

12.1 Tender No. T2015-33 - Sewer Main Replacement - Tender Assessment

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

12.2 Assistant General Manager Engineering Services Total Remuneration Package for Contract commencing 10 January 2016

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.

a Questions raised by Councillors at 8 above

i MOTION TO CLOSE THE MEETING

ii PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

TO CLOSE

iii CONSIDERATION OF PUBLIC REPRESENTATIONS

iv DEAL WITH MOTION TO CLOSE THE MEETING

13 MEETING CLOSED TO THE PUBLIC

14 REVERT TO OPEN MEETING FOR DECISIONS IN RELATION TO ITEMS DISCUSSED IN CLOSED MEETING.

NAMBUCCA SHIRE COUNCIL

DISCLOSURE OF INTEREST AT MEETINGS

Name of Meeting:
Meeting Date:
Item/Report Number:
Item/Report Title:

I		declare the following interest:
(name)

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

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

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

For the reason that




Signed			Date

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

Council’s Facsimile Number – (02) 6568 2201

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

Definitions

(Local Government Act and Code of Conduct)

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

(Local Government Act, 1993 section 442 and 443)

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

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

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

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

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

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

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

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

NAMBUCCA SHIRE COUNCIL

Council’s Centenary Ordinary Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 15 December 2015

The following document is the minutes of the Ordinary Council meeting held 15 December 2015. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 14 January 2016 and therefore subject to change. Please refer to the minutes of 14 January 2016 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Brian Finlayson
Cr Paula Flack	Cr Kim MacDonald
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)

PRAYER

Pastor Peter Lott from the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor Smyth declared a pecuniary interest in Item 9.2 Tender T008/2015 Provision of Legal Services (Panel) under the Local Government Act as one of the tenderers employs two solicitors who are close friends of a family member of Cr Smyth. Cr Smyth left the meeting for this item.

Councillor Smyth declared a non-pecuniary significant conflict of interest in Item 9.14 Dwelling House - 20 Panorama Parade Scotts Head - variation to clause 4.3 of Nambucca LEP - 'Height of Buildings' under the Local Government Act as the applicant is known to Cr Smyth. Cr Smyth left the meeting for this item.

Councillor Hoban declared a non-pecuniary significant conflict of interest in Items 12.2 Valla Quarry - Production Limits and Road Maintenance Contributions and 12.4 Valla Quarry - Settlement Offer 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 these items.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 November 2015

2126/15 RESOLVED: (Smyth/Flack)

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

PUBLIC FORUM AND DELEGATION

RECOMMENDATION:

That the following Public Forum and Delegation be heard:

Shared Community Telecare Trial

i) Cory Steinhauer on behalf of Royal Far West’s Community Development Manager

ITEM 9.15 Geotechnical Investigation - 2 Nelson Street, Nambucca Heads

ii) Ms Kelli Leckie

Mr Steinhauser addressed Council and provided Council with written information in regard to Royal Far West and made the following points:

· Trialling two projects

· Providing health service using technology

· Deliver a number of medical services not readily available in rural Australia

· Keen to be creative and innovative

· Working with the community, Council to provide these services and lead the country in this new initiative

· Would like Nambucca Shire Council to be one of the trial councils

· After 12 months hope to have a model

· Best for children to access these health services in their own communities

2127/15 Resolved: (Hoban/Ainsworth)

That Council provide in principle support to Royal Far West projects within the Shire and receive a report on what further level of support Council may be able to provide.

ASKING OF QUESTIONS WITH NOTICE

There were no questions with notice.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There were no questions for Closed Meeting where due notice has been received.

General Manager Report

ITEM 9.1 SF959 151215 Outstanding Actions and Reports

2128/15 RESOLVED: (Ainsworth/MacDonald)

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

2129/15 Resolved: (Flack/Smyth)

That Council receive a report in regard to the Pistol Club’s request for an extension of time to remediate the pistol shooting site and that the report include staff opinion on the appropriateness of the extension in the context of the coming wet season and contamination of the site.

Cr Smyth left the meeting for this Item at 5.50 and returned after the conclusion at 5.52 pm.

ITEM 9.2 T008/2015 151215 Tender T008/2015 Provision of Legal Services (Panel)

2130/15 RESOLVED: (Flack/South)

That Council accept the tenders of the Marsden Law Group, Wilshire Webb Staunton Beattie and Terry Perkins Solicitor and Attorney as a panel for the provision of legal services to Council for a 5 year period commencing 1 February 2016 to 31 January 2021 with the engagement of Mr Perkins being restricted to conveyancing, contracts and other non-litigious matters.

For the Motion: Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,

MacDonald and South (Total 9)

Against the Motion: Nil

2131/15 Resolved: (Morrison/South)

That Item 9.15 be brought forward.

DELEGATION:

Ms Leckie addressed Council in regard to Item 9.15.

ITEM 9.15 LF4225 151215 Geotechnical Investigation - 2 Nelson Street, Nambucca Heads

2132/15 RESOLVED: (Flack/Smyth)

That Council does not support the sale of the land but supports a lease, licence or easement of said land for a period sufficient to allow the Leckies to undertake remedial work on their land and that there be no cost (rent) to the Leckies.

ITEM 9.3 SF1031 151215 Review of Policy - Sustainable Fleet and Plant

2133/15 RESOLVED: (Finlayson/MacDonald)

1 That Council’s Sustainable Fleet and Plant Policy be amended as per the changes shown in the attachment to this report.

2 That Council’s lease back fees for the private use of motor vehicles be revised to those recommended by the Public Employment Office and LG NSW Guidelines effective from 1 July 2015 and thereafter be increased in accordance with the guidelines.

ITEM 9.4 SF639 151215 Ranger Workload and Options for Enhancing Role

2134/15 RESOLVED: (Finlayson/MacDonald)

That the information concerning the Ranger workload and options for enhancing the role be received.

2135/15 Resolved: (Flack/Finlayson)

That staff extend Ranger hours for environmental compliance for the summer season if sufficient funds can be found in the environmental levy for the summer season.

ITEM 9.5 SF1958 151215 Provision of Council Flood Data to the Insurance Industry

Motion: (Finlayson/MacDonald)

That Council provide flood data to the Insurance Council of Australia or other interested insurance companies per our fees and charges requirements and subject to Council standard data agreements.

Amendment: (Ainsworth/MacDonald)

That this item be deferred so that a report can come to Council on the information to be supplied including whether or not it includes provision for sea level rise.

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

2136/15 Resolved: (Ainsworth/MacDonald)

That this item be deferred so that a report can come to Council on the information to be supplied including whether or not it includes provision for sea level rise.

ITEM 9.6 SF2037 151215 Minutes of the Nambucca Shire Council Access Committee meeting held 27 October 2015

2137/15 RESOLVED: (Ainsworth/South)

1 That Council note the Committee’s offer to conduct workshops with business’ owners and managers regarding "missed business", to discuss/inform/answer questions on accessibility for persons with disabilities, and the potential income that ease of access could potentially generate.

2 That Council endorse the remaining minutes of the Nambucca Shire Council Access Committee meeting held 27 October 2015.

ITEM 9.7 SF2037 151215 Minutes of the Nambucca Shire Council Access Committee meeting held 24 November 2015

2138/15 RESOLVED: (MacDonald/Finlayson)

1 That the matters arising be noted, and that the Guardian News and Happynings be approached to promote the Missed Business booklet as a part of International Day of People with a Disability.

2 That the Access Committee ask for a timeframe for completion of the work for a safe pedestrian route at the roundabout in Marshall Way Nambucca Heads, which was a condition of consent DA 2012/004/1 regarding Bawrunga Aboriginal Medical Centre.

3 That the Access Committee ask the Engineers for progress on the installation of the seat in Back Street Nambucca Heads as resolved by Council 16 April 2015.

4 That regarding smoking in public areas, the Access Committee ask Council’s Health and Building staff what the requirements are regarding smoking in the main street of Bowraville, in particular distances from places such as bus stops and licensed premises.

5 That Council endorse the remaining minutes of the Nambucca Shire Council Access Committee meeting held 24 November 2015.

ITEM 9.8 SF1031 151215 Deletion of Council Policies

2139/15 RESOLVED: (Flack/Smyth)

That the following policies be deleted:

1 Section 94 Contributions – Abandoned or Demolished Dwellings

2 Section 94 Contributions – Public Reserve – Rural

3 Section 94 Contributions – Farm Stay Holidays

4 Temporary Residential Occupation of Industrial Sites Policy

5 Temporary Occupation of Residential Sites Policy

6 Rural Properties – Bond for Second Dwelling.

ITEM 9.9 SF2038 151215 Outstanding DAs greater than 12 months OR where submissions received - 19 November - 4 December 2015

2140/15 RESOLVED: (Finlayson/Ainsworth)

That the information be noted by Council.

ITEM 9.10 SF2038 151215 2015 November - Development Applications Received and Complying Development Applications Received

2141/15 RESOLVED: (Finlayson/MacDonald)

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

ITEM 9.11 SF2038 151215 2015 November - Construction Certificates and Complying Development Certificates Approved

2142/15 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 9.12 SF1148 151215 Council Ranger's Report November 2015

2143/15 RESOLVED: (MacDonald/Finlayson)

That Council’s Ranger’s report for November 2015 be received and noted by Council.

ITEM 9.13 SF532 151215 Valla Urban Growth Area - Development Control Plan for future Service Centre, 5 Boggy Creek Road, Valla

2144/15 RESOLVED: (Finlayson/Ainsworth)

Council exhibit the draft Development Control Plan for Lot 53 DP613620, 5 Boggy Creek Road, Valla for a period of not less than 28 days in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.

Cr Smyth left the meeting for this Item at 6.57 and returned after the conclusion of the Item at 6.57 pm.

ITEM 9.14 DA2015/179 151215 DA2015/179 - Dwelling House - 20 Panorama Parade Scotts Head - variation to clause 4.3 of Nambucca LEP - 'Height of Buildings'

2145/15 RESOLVED: (Ainsworth/Finlayson)

That Council as the consent authority, pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/179 for a dwelling house at Lot 174 DP 259408, 20 Panorama Parade, Scotts Head subject to the schedule of conditions outlined in Attachment 3 of this report.

For the Motion: Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,

MacDonald and South (Total 9)

Against the Motion: Nil

General Manager Report – LATE

Item 9.15 was dealt with under Delegations.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF2116 151215 Investment Report to 30 November 2015

2146/15 RESOLVED: (South/MacDonald)

That the Accountants’ Report on Investments placed to 30 November 2015 be noted.

ITEM 10.2 SF1120 151215 Grant Application Status Report

2147/15 RESOLVED: (Flack/Ainsworth)

1 That Council receive the list of grant applications to 2 December 2015.

2 That the Grants Officer be thanked for her service to the Nambucca Valley community.

ITEM 10.3 SF251 151215 Schedule of Council Public Meetings

2148/15 RESOLVED: (MacDonald/Flack)

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

2149/15 Resolved: (Flack/MacDonald)

That Council undertake roving meetings in the appropriate season in 2016.

ITEM 10.4 SF343 151215 Valla Public Hall Committee of Management AGM - 20 August 2015 - Minutes

2150/15 RESOLVED: (MacDonald/Finlayson)

That Council endorse the Minutes of the Committee of Management for the Valla Public Hall’s Annual General Meeting held on 20 August 2015 and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.5 SF335 151215 Talarm Hall Committee of Management - Minutes of Annual General Meeting - 23 November 2015

2151/15 RESOLVED: (Finlayson/Flack)

That Council endorse the Minutes of the Committee of Management for the Talarm Hall Annual General Meeting held on 23 November 2015 and thank the outgoing Committee for their work in the past twelve months.

Assistant General Manager Engineering Services Report

ITEM 11.1 SF90 151215 Nambucca Shire Traffic Committee Meeting Minutes - 1 December 2015

2152/15 RESOLVED: (Flack/South)

That Council:

1 receive and note the agenda and minutes emanating from the Nambucca Shire Traffic Committee held on the 1 December 2015.

2 approve a request from the Lions Club of Nambucca Heads for the following temporary road closures on Australia Day, Tuesday 26 January 2016:

i The access road through Gordon Park to hold the Australia Day event between 6.00am and 6.00pm.

ii The following roads for short periods only between 8.00am and 10.00am

a Wellington Drive (from Gordon Park to the V Wall)

b Shelly Beach Road (from Parkes Street)

c Parkes Street (from Shelly Beach Road to Captain Cook Lookout)

subject to the following information being received by Council at least 2 weeks prior to the event:

· Certificate of Currency for Public Liability Insurance;

· Traffic Management Plan confirming Accredited Traffic Controllers will be on site; and

· Police and Roads and Maritime Services approval for the road closures

3 issue an annual Section 138 Roads Act approval to Australian Precast Solutions allowing heavy vehicles to park on Centra Park Street, Macksville while awaiting loading and/or escort from the site.

4 allow the installation of permanent posted warning signs on Yarrawonga Street that are coverable/collapsible when not in use advising of Road Plant on Side Road.

5 install signs to reinforce No Stopping and No Parking restrictions on the southern side of Woods Lane Nambucca Heads from the intersection with Fraser Street for a distance of 10m and 40m respectively.

6 note the Nambucca Shire Traffic Committee meetings will continue to commence at 10.30 am on the first Tuesday of every second month. All business items for discussion at the Traffic Committee meeting are to be submitted to the Manager Technical Services in writing, together with any supporting documentation and recommendation, two weeks prior to the date of the meeting. Any additional matter (deemed urgent by the Committee) be given consideration on the day; and that any non-urgent general business on the day will be tabled for consideration at the next meeting with supporting information and recommendation provided by the Committee member who raised the issue.”

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

RECOMMENDATION:

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:

2153/15 Resolved: (Flack/Ainsworth)

That, for Item 12.1, Council note the information provided in Closed Meeting as it was resolved at Item 9.2.

The Mayor Left the meeting for Item 12.2 and 12.4 at 7.07pm.

The Deputy Mayor took the Chair for the duration of discussion on these Items.

The Mayor resumed the Chair after the conclusion of these Items at 7.37 pm.

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.07 pm.

RESUME IN OPEN MEETING

Resolved: (Ainsworth/Morrison)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.34 pm.

FROM COUNCIL IN CLOSED MEETING

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 T008/2015 151215 Tender T008/2015 Provision of Legal Services - Summary & Comparison of Tenders

This item was dealt with in conjunction with item 12.4.

For Confidential Business Paper in Closed Meeting

ITEM 12.2 DA2001/096 151215 Valla Quarry - Production Limits and Road Maintenance Contributions

Recommendation:

1 That Council note the legal advice from Norton Rose Fulbright in relation to the interpretation of the modified consent for DA 2001/096.

2 That Council determine what, if any, action it proposes to take in relation to the matter following consideration of a late report to Council’s meeting on 15 December 2015.

ITEM 12.4 DA2001/096 151215 Valla Quarry - Settlement Offer

2154/15 RESOLVED: (Finlayson/South)

That Council provide a “without prejudice” response to Quarry Solutions Pty Ltd that it is agreeable to the proposed terms of settlement, but noting that Council cannot prejudge the outcome of the proposed Section 96AA application being for “modification by consent authorities of consents granted by the Court”.

Note: Councillors Flack, Smyth and Ballangarry requested that their votes be recorded against this resolution because they believe that Council should seek appropriate orders in the Land and Environment Court.

For Confidential Business Paper in Closed Meeting

ITEM 12.3 SF839 151215 General Manager's Performance Review

2155/15 RESOLVED: (Flack/Ainsworth)

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

CLOSURE

There being no further business the Mayor then closed the meeting the time being 8.35 pm.

Confirmed and signed by the Mayor on 14 January 2016.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

Ordinary Council Meeting 14 January 2016

General Manager

ITEM 9.2 SF959 140116 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	A timeline has now been provided by WMA water as follows: Mid Jan - draft study & plan to OEH and council for comment Early Feb - WMA water revise draft Mid Feb – draft study & plan provided to Council Mid/Late Feb – study & draft plan considered by Estuary Committee. Presentation by WMA water March – report to Council to seek resolution to place on exhibition March/April – exhibition of study and draft plan Late April – consider feedback from exhibition May – distribute feedback & any recommended changes May – report to Council for adoption.
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. Deferred until September after the budget, restructure and staffing levels settle. Provided to Councillors on 29 October for comment. Not provided to Councillors on 29 October - now propose to provide to Councillors mid December 2015 for comment.
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. Deferred until September after the budget, restructure and staffing levels settle. Provided to Councillors on 29 October for comment. Not provided to Councillors on 29 October - now propose to provide to Councillors mid December 2015 for comment. Biosecurity Act 2015 No 24 – No further action will be undertaken on the Policy review pending advise on the new Act and a further report will be provided to Council. Before the Biosecurity Act can commence, regulations, other legal instruments and policies and procedures need to be reviewed and developed, a Biosecurity Advisory Committee has been established. The present policy will remain current The Biosecurity Act 2015 was assented to in September 2015 and is expected to come into effect in 2017. The regulations, other legal instruments, policies and procedures that will underpin the Biosecurity Act are currently being developed The Biosecurity Act achieves a NSW Government commitment to introduce contemporary biosecurity legislation by 2015, and supports national commitments under the Intergovernmental Agreement on Biosecurity. The Biosecurity Act wholly or partly replaces 14 pieces of existing biosecurity legislation with a single, enabling Act. A consistent approach to managing biosecurity risks to the economy, environment and the community will make it easier for stakeholders and regulators to effectively manage biosecurity risks.
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. Second media release issued 20 May 2015. Third media release issued 30 November 2015.
AUGUST 2014
6	SF595	28/08/14		That Council develop a plan of management for the ongoing maintenance of Hughes Creek.		GM	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
7	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). Further deferred pending announcements from NSW Government as to proposed structural reforms (amalgamations) of Councils and the creation of JO’s and likely transitional arrangements which will apply.
DECEMBER 2014
8	SF929	11/12/14		Council seek expressions of interest from BSC and CHCC on an alliance to operate a regional focussed Visitor Information Centre (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 June 2015. A tender for the Highway Service Centre has been accepted. The Manager Business Development has made an enquiry in relation to securing 100m2 of floor space for a Visitor Information Centre and associated retail. Awaiting advice as to potential cost and will then be reported to Council.
MARCH 2015
9	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. As at June 2015 arrangements are being made for a consultant to assist Council staff in investigating the liability associated with the proposed handover of the existing Pacific Highway to Council. Data provided by the RMS needs to be reviewed as well as a physical inspection of the road and bridge assets. Mayor and GM met with the Member for Oxley on 18 September 2015. Details of Council’s previous submissions forwarded to the Member for Oxley with a request that she make representations on behalf of Council.
APRIL 2015
10	SF959	30/04/15		That Council write to our Local Member and respectfully ask her if she could intervene to obtain answers to Council’s questions regarding fishing matters in the Nambucca River as listed in Council’s letter on 19 February.		GM	Letter sent 6/05/2015. Follow up letter sent 30 June 2015. Following the letter from the Minister for Primary Industries the GM has telephoned Fisheries staff in Coffs Harbour seeking their attendance at a Council meeting. The Fisheries staff member requested that they be provided with a list of the questions to be asked. The GM has now written to the Fisheries office with a list of questions. Letter sent 3 September 2015.
JUNE 2015
11	SF2049	25/06/15		Council make a submission to the Dept. of Primary Industry in relation to the proposed changes to the Fisheries Management Act 1994.		GM	Submission sent to Dept. on 26/6/15.
AUGUST 2015
12	PRF72	13/08/15		Council investigate opportunities to assist in the management of the (Kingsworth Lake) reserve and the matter be reported back to Council in 6 months.		GM	Report in February 2016
13	SF674	13/08/15		Council write to the appropriate Minister drawing attention to the history of the matter (negotiations to extend Council’s Waste Depot) and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.		AGMES	Letter to be drafted to appropriate Minister. Letter sent week ending 30 September 2015. Nil response from the Minister to date, another letter sent 3 December
SEPTEMBER 2015
14	SF2116	10/09/15		That there be a report regarding options to maximise returns on Council’s Invested Funds from Corporate Services and if Council requires a change in the investment portfolio to invite its financial advisers to address Council.		AGMCS	Report in November 2015. Report when CPG available to attend Council.
15	SF959	24/09/15		That Council advise the Minister of its determination in relation to the land at Gordon Park and provide him with a copy of Council’s resolution.		GM	Letter sent 22/10/2015
16	Q17/2015	24/09/15		That Council receive a further report and briefing from Greg Powter Consulting once an independent assessment has been completed (re the Pacific Highway Assets Handover)		AGMES	Council briefing planned for February 2016 Consultants engaged. RMS reviewing data supply.
OCTOBER 2014
17	~~SF2052~~	~~15/10/15~~		~~There be a further report to Council on the funding of the Mosaic project at the NH’s Post Office corner once the grant applications have been determined.~~		GM	~~Determination of grant application anticipated early 2016.~~ ~~Council advised that grant funding application was unsuccessful.~~
18	SF2071	15/10/15		In relation to the 2015 World Rally, that Council receive a further report from the AGMES regarding the damage to roads and roadside furniture; the compensation offered, and also the insurance status of the cars.		AGMES	Report November 2015 Report to December 2015 Report to January 2016
19	SF95	15/10/15		Following the 6 month trial period of nose-to-kerb parking arrangements in River Street adjacent to the river bank, that Council receive a further report on the outcome of the trial period.		AGMES	Report late 2016
20	LF780	15/10/15		Gumma shooting range – issue of a direction to take clean-up action in accordance with S91 of the POEO Act.		GM	Report on progress in December 2015 Actions 1 and 2 of Councils direction to take clean up action require site investigation reports to be submitted to Council by 21 December 2015 (TRIM: 30527/2015). The pistol club have advised that they have engaged a consultant to undertake the investigations. They have requested an extension in time to comply with the notice as they intend to apply for state funding to undertake the required actions. The Member for Oxley’s office has telephoned Council to advise that they have agreed to provide the pistol club with information on potential grants which they may be eligible for. Applications for those grants would not open until next year. The pistol club has been advised that if they intend to seek an extension on the timeframe to undertake the required investigations, they need to submit quotes for the actions to be undertaken and details of grant applications they intend to apply for to be considered by Council. To date, a response from the pistol club has not been forthcoming. An extension of time to undertake the work is reasonable considering confirmation of grant funding will be earlier and less costly than Council commencing proceedings for failure to comply with the notice.
21	SF1031	29/10/15		That Council take action regarding the unapproved shipping container at 21 George Street, Bowraville.		GM	Notice of Intention to Serve an Order has been issued (was issued prior to the Council meeting on 29/1015).
22	SF1031	29/10/15		That the General Manager follow up the question of the appropriate number of companion animals at 21 George Street, Bowraville, and the requirement for a DA for the shipping container.		GM	Inspection being arranged. Report to Council in late November/early December. Proposed to report to second meeting in January 2016.
NOVEMBER 2015
23	PRF30	12/11/15		That Council approach the Minister for Primary Industry, Land & Water advising him of the present situation (with the Rotary Lookout) and that Council is willing to providing matching funding to the funding provided by Rotary and requesting the Minister reconsider their allocation of funds…		GM	Letter sent 17/11/2015
24	SF1963	12/11/15		Council make representations to the Minister for Social Housing in relation to its concerns about the transfer of public housing to various non-government organisations and the substantial loss of rate income which will flow from such transfers….		GM	Letter sent 17/11/201531
25	SF2068	12/11/15		Council receive a future report on the preferred treatment options & procurement process to gain the most economical outcome for the recycled water scheme at the Bowraville STP.		AGMES	Report in 2016
26	SF1855	26/11/15		That a report come to Council regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.		GM	Report late 2017
DECEMBER 2015
27		15/12/15		That Council provide in principle support to Royal Far West projects within the Shire and receive a report on what further level of support Council may be able to provide.		GM	Report January 2016
28	~~SF959~~	~~15/12/15~~		That Council receive a report in regard to the Pistol Club’s request for an extension of time to remediate the pistol shooting site and that the report include staff opinion on the appropriateness of the extension in the context of the coming wet season and contamination of the site.		GM	~~Report January 2016.~~
29	SF1958	15/12/15		That the provision of Council flood data to the Insurance industry be deferred so that a report can come to Council on the information to be supplied.		GM	Report January 2016

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 14 January 2016

General Manager's Report

ITEM 9.3 SF1370 140116 Planning Proposal Nambucca Lep 2010 – Nomination Of Heritage Items Stage 1

AUTHOR/ENQUIRIES: Grant Nelson, Strategic Planner

Summary:

The purpose of this report is to amend the Nambucca LEP 2010 by nominating items to be listed in Schedule 5 of the Nambucca LEP 2010. This report briefly explains the LEP amendment process, the significance of listing the items and the future implications for the items.

This report also provides a list of items to be considered in stage 1 and a brief explanation of the item and any other relevant information.

All items are designated with a local significance categorisation.

Recommendation:

That Council support a planning proposal for the nomination of stage 1 heritage items for submission to the Minister of Planning for Gateway Determination in accordance with the Environmental Planning and Assessment Act 1979.

OPTIONS:

Council may choose not to proceed with the planning proposal.

DISCUSSION:

What are heritage listings?

New South Wales has two main types of heritage listings known as heritage items and conservation areas. Heritage listings flag that a place or object has heritage significance.

Four main statutory lists contain heritage listings for places that are significant locally, state-wide, Australia-wide and/or world-wide.

All of the items identified in this report are considered to be locally significant heritage places meaning they would only be listed on Council’s Local Environmental Plan.

Heritage places from all four lists collectively demonstrate the unique history and achievements of the people of NSW and Australia. As physical links to Australia’s past, heritage places trace the transition of Australia from its ancient indigenous origins to a penal outpost of Great Britain to the advanced culture of

today’s developed nation.

Why list?

Listing is the way our heritage places are identified and managed. This safeguards the environmental, economic and social benefits of this limited resource for present and future generations.

As with zoning, certainty is the driving reason for listing. By flagging our heritage places, listing gives owners and the community certainty about what is a heritage place. It provides advance knowledge about the approvals process, and confidence that future changes to listed places and surrounds will be sympathetic ahead of important decisions such as purchasing. Early listing avoids the uncertainty, delays, unforeseen costs and unnecessary conflict that can result when heritage is identified late in the development process.

What does listing mean?

By providing a balanced framework for managing change, listing keeps heritage places authentic, alive and useful. Australian heritage places are not inflexibly bound or ‘mothballed’ by listing. Listing will not stop all change or freeze a place in time. Listing is a beginning - the first step in protecting our significant places - not the end result. Statutory listing protects our State’s heritage places in three basic ways: recognition, approvals and support.

1 Recognition

Listing gives public recognition to heritage places under Australian or State law. Listing as a heritage item or area is a mark of community distinction that can be useful for promoting resale or business. It will not change property ownership or open private property to the public. Listing produces information about the history and significance of a place to help owners understand and manage their property. This information is published on the online heritage database at www.heritage.nsw.gov.au/shi.

2 Approvals for change

Listing permits sympathetic development of heritage places through an approvals process. The process to gain approval ensures changes retain the significance of heritage places. State listing normally prevents demolition and neglected maintenance. NSW listings do not otherwise prescribe how a place can or cannot be changed. Development of Local heritage items listed in Councils LEP typically would require assessment for approval. Changes are assessed on their merits when owners submit development applications. In this assessment, the relevant government agency decides whether the proposed works will have an acceptable impact on the heritage significance of the place. Owners have an opportunity to submit their own assessment in the ‘statement of heritage impact’ before this decision is made. Upgrading kitchens, bathrooms and services and rear extensions to meet contemporary standards are commonly approved changes. Minor works, day-to-day repairs and maintenance rarely need approval because they will normally fulfil criteria for exempt development. There is no obligation to restore a listed place. No approval is needed to sell or lease a listed place.

3 Support

Listing gives owners improved access to heritage grants, free advice from local council’s heritage planners on how to make sympathetic changes, and often allows a wider range of uses than the current zoning would otherwise permit.

The Nominated Items

During this research to identify heritage places that could be included in the Nambucca Shire LEP 2010 it became evident that, in most cases, there was very little historical documentation readily available that could form the basis of preparing Statements of Significance.

Therefore, a generalist view has been used to support why the following places have been nominated:

Cemeteries - General:

Argents Hill, Blackbutt, Bowraville, Eungai Creek, Macksville, Nambucca Heads, Rotary Lookout, Captain Cook Lookout

The various different types of cemeteries in a town or district illustrate the patterns of settlement in an area. In isolated areas in the 19th century, there was no government provision for burials. So in the early phases of settlement, especially beyond defined boundaries or districts, lone graves and family cemeteries were dominant. As small religious communities developed, churchyards or denominational burial grounds were established. Only when an area was officially identified as a village or township and properly surveyed would the government dedicate a general cemetery for the community.

The cemetery is an historic record of Australian society. Through its establishment and use, the cemetery documents European settlement patterns and the development and growth of a community. The graves and monuments provide important demographic data about the area. Cemeteries often contain monuments that commemorate significant events in a local community. Cemeteries can also have historical significance by virtue of the graves of noted individuals who have made important contributions to the community.

One such noted individual, Frank Partridge, is interred in the Macksville Cemetery. Partridge was a Victoria Cross recipient and a national quiz champion, a self-educated banana grower he was the youngest Australian soldier to be awarded the Victoria Cross during the Second World War.

Cemeteries have an important commemorative function. The community often attaches attitudes and values to the graves, such as respect or reverence. Many cemeteries hold a special significance for individuals or groups as a result of personal sentiment and / or attachment to those buried within the cemetery. Early European settlers' graves and war graves are examples of graves that are often considered socially significant to the whole community.

Cemeteries also reflect the religious beliefs and customs of different sections of the populace. These are demonstrated in the customs and rituals associated with burial and commemoration. Religious adherence and beliefs can change over time, and this is often reflected in the monuments and layout of the cemetery. 20th century cemeteries in particular reveal the expanding multicultural nature of Australian society with a broadening of religious faiths. The cemetery itself may also have significance for particular religious groups and also for individuals.

Cemeteries - Family:

Welsh’s Private Cemetery

Many rural properties throughout New South Wales include “family” cemeteries. These are often called “private” cemeteries, but should not be confused with cemeteries run as private commercial enterprises. Family cemeteries are usually small and often located on unconsecrated freehold land. Many of them contain the graves of pioneer European settlers and their descendants, sometimes not only of the landholder settler but also of neighbouring landholding families.

The Welsh Family Private Cemetery contains burials of the family members who passed away between 1901 and 1950. The cemetery contains a collection of early to mid 20th century headstones. It is also representative of the development of the Talarm district from the early to 20th century. The cemetery has local historical and aesthetic significance, rarity, representativeness and a high degree of integrity.

The cemetery contains five marked burials of Welsh family members with various styles of headstones. All burials are protected by an enclosure constructed of brick, in need of repair, with a metal gate.

The small private cemetery is a rare local example of its kind and provides an important record of early settlement.

Cemeteries - Lone graves:

Burrapine

As with family graves, most lone graves in the State are located on freehold land. As with family cemeteries, the owner is generally under no obligation to maintain records or provide public access. However, the graves are still subject to heritage and health regulations.

Burrapine cemetery was dedicated in 1909. It is believed that only one burial was ever carried out and that was of Mr John Rollands who died aged 77 years in 1931, however, his obituary in the Nambucca and Bellinger News dated 5 June 1931 states he was 70 years of age.

New South Wales has a large number of lone burials. Some are of very early European settlers (1790-1856), others of individuals who died remote from communication centres. The original markers of lone graves were often of wood or loose stones, and many are long gone. Those that remain are of high significance.

War Memorials:

Bowraville, Macksville – Winifred Street and River Street, Nambucca Heads, Taylors Arm

The purpose of war memorials is commemoration.

No two war memorials in are alike. Everyone is a unique response to the need to commemorate those in our community who have served. War memorials possess their own, unique values both collectively and individually.

The artists and craftsmen are in many cases unknown. Many memorials are the work of local masons and artisans; others are by recognised Australian sculptors. The diversity and individuality of these objects make them an important resource for future students of Australian art. Their inscriptions and insignia are a source of information for historians. Their beauty and symbolism make our war memorials an essential part of the Australian landscape. Many of our public parks and squares display war memorials in groups, often with First World War and Second World War and later memorials or plaques and commemorative features clustered together as focal points of collective memory and expression, particularly on ANZAC Day. The quality of their materials and craftsmanship illustrates the special reverence felt by our communities towards those who served in wars and conflicts.

Halls:

Argents Hill, Burrapine, Missabotti, Talarm, Utungun, Valla, Warrell Creek

The halls nominated in this report appear to have been constructed between 1909 and 1930.

Halls played an important role in towns, especially in small communities, often being funded by those communities for a variety of purposes such as meeting places, literary institutes and memorials which often incorporated honour rolls.

The halls in the smaller communities were modest and often built by volunteer labour using timber sourced locally – the land being donated by long standing families within their respective communities.

They were built using simple building traditions and construction techniques with an open floor plan and operated by the community.

Everything happened at these halls: political gatherings, weddings, wakes, dances, church gatherings, anniversaries and many other cultural events.

While over the years many have been modified to bring them up to current standards they are historically and socially significant and are often the only public buildings still standing in their communities.

Churches:

Bowraville - Corpus Christi Catholic Church and Uniting Church, Macksville – Holy Trinity Anglican Church, Rectory and Op shop, Uniting Church, Taylors Arm – Christ the King Catholic Church

Many church buildings are prominent heritage items. They provide physical evidence of the history and social and cultural aspirations of their communities.

A church building provides physical evidence which tells us about the state of society at the time of its construction. The changes that have been made since it was built can reveal how society and church life have changed in that period.

Church buildings also have a social significance because they are places where people in the community experience the important rituals of christenings, weddings and funerals. Because of their nature churches reflect aspirations, values and changes in contemporary taste and society.

Churches, such as the Corpus Christi Catholic Church at Bowraville and the Holy Trinity Anglican Church and Uniting Church at Macksville, also add to the quality of streets and townscapes.

Memorial Pillars:

Nambucca Heads – Jubilee Park

Unveiled at the opening of the path in 1935 to commemorate the Silver Jubilee of the reign of King George V and Queen Mary

Post Offices:

Macksville Post Office

This building occupies a prominent position on the corner of Cooper and River Streets, it provides one of the essential services for the community and retains much of its original character.

The Post Office building makes an important contribution to the Macksville Main Street streetscape.

Former Warrell Creek Post Office and Telephone Exchange

Also known as Kew House, the owners of this property received funding under Council’s Heritage Assistance Fund 2014-2015 for re-stumping of the building. As part of the project funding agreement the owners agreed to actively support and not object to the inclusion of the item in the LEP.

Police Station and Courthouse:

Macksville Police Station and Courthouse

This property is identified on the State Heritage Inventory (database number 3080083 and 4180087) as an item listed by a local council and state government agency.

The old Courthouse has been identified in Nambucca Local Environmental Plan 2010 Schedule 5 Part 1 Environmental Heritage the Police Station. However, it is unclear as to why the police station was not included.

It is recommended that the Police Station be included in Schedule 5 Part 1 Environmental Heritage of the LEP.

Nambucca Heads Police Station and Official residence

This property is identified on the State Heritage Inventory (database number 4180089) as an item listed by a local council and state government agency.

It is recommended that the Nambucca Heads Police Station and Official Residence also be included in Schedule 5 Part 1 Environmental Heritage of the LEP.

Railway Station:

Nambucca Heads

The Nambucca Heads Railway Station is identified on the State Heritage Inventory (database number 4805725) as an item listed by a local council and state government agency.

It is unclear why it was not included in Council’s LEP but it is recommended that the Railway Station be included in Schedule 5 Part 1 Environmental Heritage of the LEP.

It was noted during research that the State Heritage Inventory (SHI) database identifies, under Section 2 Items listed by Local Government and State Agencies, the names Bowraville Urban Conservation Area and a Bowraville Conservation Area.

The Bowraville Urban Conservation Area, which has the address of Ford Street, appears to have been identified in the North Coast Regional Environmental Plan (REP). It is believed that this Conservation Area was subsequently extended and an amendment to the REP made renaming the conservation area Bowraville Conservation Area.

Council should request that the Heritage Branch of the Office of Environment and Heritage remove the Bowraville Urban Conservation Area from the SHI listing.

CONSULTATION:

Council’s Heritage Advisor.

The local command of NSW Police were notified of the proposed changes on their land. They have responded and do not object to the proposed listing of their properties (Attachment 1).

SUSTAINABILITY ASSESSMENT:

Environment

Nil

Social

Nil

Economic

Nil

Risk

Attachments:

392/2016 - NSW Police response regarding heritage listing Nambucca and Macksville Police Stations

Ordinary Council Meeting 14 January 2016

General Manager's Report

ITEM 9.4 SF2038 140116 Outstanding DAs greater than 12 months OR where submissions received - 5 December 2015 - 4 January 2016

AUTHOR/ENQUIRIES: Lisa Hall, Technical Officer Planning

Summary:

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

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

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

Recommendation:

That the information be noted by Council.

TABLE 1: UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

Please note that there are no unresolved Development Applications in excess of 12 months old.

TABLE 2: DEVELOPMENT APPLICATIONS NOT YET DETERMINED WHERE SUBMISSIONS HAVE BEEN RECEIVED

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/099	2 July 2015	132 Lot Residential Subdivision	Lot 1 DP 1119830, Marshall Way, Nambucca Heads
SUBMISSIONS RECEIVED Two public submissions has been received – they oppose the development · The increase in expected traffic raises major concerns re safety (particularly for the elderly and the young), congestion, parking within the Plaza and speeding. · Concerned that there isn’t enough local infrastructure and services to support new residents eg doctors. · A community forum should be held to gauge dissatisfaction with the proposal · Spring Street isn’t wide enough to cope with the increased traffic · Stormwater in Spring Street and surrounding areas is already a problem · Concerned about the safety of turning out of Spring Street, when Marshall Way is a through road
STATUS Awaiting applicant’s response to Office of Environment & Heritage (OEH), Rural Fire Service (RFS) and Council’s outstanding issues concerning flora & fauna and asset protection zones. There are also on-going discussions with the applicant concerning the applicable contribution plans which will apply to this subdivision and also the previously approved subdivision involving the Link Road.
DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/138	4 September 2015	Shed (Shelter for plants and storage)	Lot 3 DP 1015406, 180 Coronation Road Congarinni North
SUBMISSIONS RECEIVED Two submissions have been received by Council – both oppose the proposal · Applicant hasn’t complied with conditions of previous DAs eg fences, operating hours, landscaping, car parking (customers are blocking the driveway of a nearby resident on occasion) · Construction has already commenced without consent · The shed covers an already rebuilt dog shed that is being used as a residence · Have all septic systems been approved and properly installed? · Building is too close to the main road · Existing buildings shown on the plan were all constructed without consent · There is no builders’ signage on site · Four separate lots of people are living on site · Companion animals are not confined to the property, but wander on the road · Drawings submitted with DA are sub-standard · Mature trees have been removed even though the original DA requested that they stay · Large excavation is being undertaken at the rear of the property – no details about this with the DA · All illegal buildings should be removed · The kennels should be closed as they are operating outside of approved DA conditions
STATUS Development application for work which had already been commenced. Awaiting submission of a plan from a structural engineer to certify existing work. Proposed to approve once plan is received.
DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/144	15/09/2015	73 Lot Subdivision	Lot 176 DP 1190467, Seaforth Drive, Valla Beach
Ten submissions have been received by Council – all oppose aspects of the proposal · There should be parks, public open space as part of the development – children already play on Seaforth Drive as there is nowhere else for them to play · Road in and out of the estate should be higher quality and suitable for evacuation in the case of bushfire – two exits instead of just one would be preferable · Fauna in the wetland reserve (to the south of the proposal) will suffer if it is approved · Overall, the scale of the development is too large · There should be footpath provided to link the development to the shops, bus stop and preschool · Visual and noise pollution will result because bush to be cleared provides a buffer for the noise of the railway and the highway · There is an endangered ecological community (Coastal Salt Marsh) within the proposed area · Acid sulphate soils could be disturbed and leach into Deep Creek · An earlier, preliminary flora and fauna report referred to a 65 lot subdivision – this would be more appropriate · 4.1 hectares of native vegetation should be retained and an SIS required · Loss of habitat will negatively impact on macropods · Hollow bearing trees shouldn’t be removed · Wildlife corridors be maintained · Hydrological studies be carried out in relation to disturbance of Acid Sulfate Soils\ · Section 94 contributions should be levied · What research has been done in relation to climate change and sea level rise impacts? · APZs should all be on private land · A perimeter road should be included as it would provide a good buffer between the residential lots and the wetland · Can Council guarantee that the block between this proposal and the pre-school won’t be developed and no further connecting road will be built to Valla Beach Road?
STATUS Awaiting applicant’s response to OEH and Council issues relating to open space, flora & fauna, stormwater and buffer issues.
DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/188	16/11/2015	Dwelling Additions	Lots 218 & 494 DP 755550, 3 Quarry Street, Nambucca Heads
One submission has been received by Council – it opposes the proposal · The proposed development will result in loss of views and amenity
STATUS Opportunity to make comment from adjoining owner notification closed on 4/12/2015. Concern about loss of views to be assessed. Otherwise no other issues.

DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/182	10/11/2015	Two Lot Subdivision	Lot 92 DP 1099538, 70 Seaforth Drive, Valla Beach
Two submissions have been received by Council – they oppose certain aspects of the proposal · Wants any dwelling built on the new lot to only be a single dwelling to protect privacy and fit in with the other surrounding dwellings · Wants to ensure that the cut at the rear of the block is appropriate retained.
STATUS Opportunity to make comment from adjoining owner notification closes on 8/12/2015. Awaiting general terms of approval (GTA’s) from RFS. Will be reported to Council in January 2016 as the applicant is a Council staff member.
DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/195	26/11/2015	NBN Fixed Wireless Telecommunications Facility	Lot 2 DP 1039123, 401 Gumma Road, Gumma
One submission from eight property owners has been received by Council – it opposes the proposal · Reduce property values · Environmental impacts · Exact site unclear · Additional infrastructure will be required · EIS inadequate · Cultural assessment inadequate · Developments in the area should be low density · May lead to further similar developments
STATUS
DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/198	27/11/2015	Demolition of Existing Building and 40 Lot Community Title Subdivision	24 Bellevue Drive, North Macksville
Six submissions have been received by Council – all oppose the proposal · Health impacts whilst building is being demolished · McLennons Lane is an inappropriate road to service the proposed development – too narrow · No landscaping proposed · Not enough onsite parking · Too many lots proposed · Unattractive dwellings proposed · May worsen flooding impacts · No areas for children to play · Increased traffic will be dangerous for local children
STATUS
DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/197	26/11/2015	Piggery	Lot 22 DP 828660, 652 Boat Harbour Road, Yarranbella
Two submissions have been received by Council – they oppose the proposal · Not enough information in application · Concerned about run-off, odours, contamination, fencing and noise from the development · Untidy huts and pigs are already located on the property
STATUS
DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/068/01	30/11/2015	Garage	Lot 202 DP 616619, 32 Liston Street, Nambucca Heads
One submission has been received by Council – it opposes the proposal · Inadequate information about new window · Concerns re overlooking and loss of privacy
STATUS
DA NO	DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2014/198/01	04/12/2015	26 Lot Subdivision	Lot 42 DP 711098, Old Coast Road, North Macksville
Three submissions have been received by Council – they oppose the modification · Connecting Florence Wilmont Drive and Old Coast Road will bring too much traffic and noise into the community.
STATUS

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 14 January 2016

General Manager's Report

ITEM 9.7 DA2015/182 140116 Proposed 2 lot subdivision of Lot 92 DP 109953870, 70 Seaforth Drive, Valla Beach

AUTHOR/ENQUIRIES: Daniel Walsh, Senior Town Planner

Summary:

The proposed development includes the subdivision of Lot 92 DP 109953870 - 70 Seaforth Drive, Valla Beach into two allotments. A copy of the proposed plans has been included within attachment 1.

The application has been notified and assessed in accordance with the Environmental Planning and Assessment Act 1979 and subject to the recommended conditions of consent contained within attachment 2, is considered to be consistent with all of the relevant matters for consideration.

Because the applicant is a staff member, the development application is being referred to Council for determination for transparency reasons.

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:

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/182 for a two lot subdivision of Lot 92 DP 109953870 – 70 Seaforth Drive, Valla Beach, subject to the schedule of conditions outlined in attachment 2 of this report.

OPTIONS:

(a) Grant consent to the development application, either unconditionally or subject to conditions, or

(b) Refuse consent to the development application.

DISCUSSION:

Subject Site

The subject site is located at 70 Seaforth Drive, Valla Beach and is legally known as Lot 92 DP 109953870. It is located within the R1 General Residential Zone under the Nambucca Local Environmental Plan 2010. The site is rectangular in shape and is sloped down towards the western boundary which fronts Seaforth Drive. The site contains an existing dwelling house within the front half and a cleared rear half with a levelled area excavated as part of development consent DA2014/069.

Proposed Development

The proposed development seeks approval for the subdivision of the subject site into two allotments. It is proposed to locate the existing dwelling house on lot 1 and create a vacant battle-axe lot to the rear. A copy of the proposed subdivision plans has been included within attachment 1.

The proposed development is considered to be satisfactory with regards to the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:

Section 5A - Significant effect on threatened species, populations or ecological communities, or their habitats

Due to the location of the development/modified environment of the site and its surrounds, it is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats.

Section 79C(1) In determining a development application a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a)(i) The provisions of any environmental planning instrument (EPI)

The proposed development is assessed against the relevant clauses of the Nambucca Local Environmental Plan 2010 in the following table:

Clause	Complies	Comments
2.3 - Zone objectives and land use table	Yes	The proposed development is permissible with consent and is considered to be consistent with the relevant objectives of the zone.
4.1 – Minimum subdivision lot size	Yes	The proposed subdivision is considered to be consistent with the objectives of the clause, with both proposed allotments exceeding the 450m² minimum lot size.
5.5 - Development within the coastal zone	Yes	Subject to the conditions of consent, the proposed development will not result in any significant impacts on the coastal environment because: · It will not impede or diminish existing public access to and along the foreshore, with opportunities for new public access not available. · There is no built form proposed which would result in any overshadowing on the coastal foreshore or any loss of views from a public place to the coastal foreshore. · The sites screening from vegetation and topography ensures that future development will not impact on the visual amenity and scenic quality of the coast. · It will not result in any significant impacts on any native coastal vegetation or wildlife corridors, rock platforms, water quality of coastal water bodies, or native flora or fauna or their habitats. · It will not result in any detrimental cumulative impacts on the coastal catchment. · Onsite effluent disposal systems are not proposed. · Untreated stormwater will not be discharged into the sea, beach, estuary, lake, creek, or onto a rock platform. · The subject site is not subject to coastal hazards and will not impact on coastal hazards or increase the risk of coastal hazards on any other land.
7.4 - Public utility infrastructure	Yes	The proposed development will be connected to reticulated sewer and water, with power available within the road reserve.
7.6 - Earthworks	Yes	The proposed earthworks will not impact significantly on surface water flows, will not result in any significant impacts on the future uses on the land or redevelopment, will not impact any contaminated soil or the amenity of surrounding properties, is unlikely to disturb any relics, and appropriate erosion control measures have been included within the recommended conditions of consent.

The proposed development is assessed against the relevant State Environmental Planning Policies in the following table:

State Environmental Planning Policy	Complies	Comments
SEPP 55 - Remediation of Land	Yes	The land is not considered to be contaminated because there are no known previous uses or activities on the site that would have resulted in any contamination of the land and the proposal does not include a change of use of the land.
SEPP 62 - Sustainable Aquaculture	Yes	It is not considered that the proposed development will result in any adverse effects on oyster aquaculture development or a priority oyster aquaculture area because of the sites location from any of these areas, with earthworks and stormwater flows resulting from the development being appropriately managed by conditions of consent.
SEPP 71 – Coastal Protection	Yes	The proposal is considered to be consistent with the matters for consideration outlined in Clause 8 and the development controls within Part 4 because it will not contradict the aims of the policy or result in any significant impacts on the coastal environment having regard to scenic qualities, access, archaeological significance, ecosystems, coastal processes, wildlife corridors; water quality; or result in conflict between land-based and water-based coastal activities.

(a)(ii) The provision of any draft environmental planning instrument (EPI)

There are no draft environmental planning instruments applicable to the proposed development.

(a)(iii) The provision of any Development Control Plan

The proposed development is assessed against the relevant clauses of the Nambucca Development Control Plan 2010 in the following table:

NAMBUCCA DCP 2010	Complies	Comments
Notification and advertising (Part A)	Yes	The application was notified and advertised in accordance with Part A of the DCP. Two submissions were received.
Environmental context (Part A)	Yes	Subject to the recommended conditions of consent and as assessed throughout this report, the proposed development is considered to be satisfactory having regard to the relevant matters for consideration under clause A5.0.
Subdivision (Part B)	Yes	Connection of water, sewer, electricity and telecommunications to the site has been conditioned, with stormwater from a future dwelling capable of being drained to the street. Vehicular access is available to the proposed lot as well as a suitable dwelling envelope on a previously approved level excavated pad. For 18.63m of the proposed 25.7m battle-axe handle the width is 4m, which is below the 4.5m requirement. The proposed minor variation to this control within clause B3.1.3 is considered to be a reasonable alternative solution because the access will only be serving one lot, the minimum driveway width required by the DCP (Part H) is 2.5m, and only service connections will be required to be located within the handle to connect the site to the existing sewer, water mains, electricity, and telecommunications. It is considered that this demonstrates flexibility in the application of development standards in accordance with s79C (3A) of the Environmental Planning and Assessment Act 1979 by allowing a reasonable alternate solution.
Sediment and erosion control (Part D)	Yes	All works to be undertaken as part of any consent will be subject to a condition of consent requiring the installation of adequate erosion and sedimentation devices which are consistent with Part D of the DCP.

(a) (iiia) Any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F.

There are no planning agreements applying to the subject site.

(a) (iv) Any Matters prescribed by the Regulation

The proposed development is assessed against the relevant matters for consideration prescribed by the regulation in the following table:

Clause	Complies	Comments
Clause 92(1) (a) - For the carrying out of development on land to which the Government Coastal Policy applies, the provisions of that Policy.	Yes	Matters for consideration to implement the NSW Coastal Policy are provided in Clause 5.5 (Development within the coastal zone) under the NLEP 2010. These are similar to Clause 8 (Matters for Consideration) under SEPP 71. It is considered that the matters for consideration under Clause 5.5 of the NLEP 2010 and Clause 8 of SEPP 71 have been satisfactorily addressed, therefore, satisfying the requirements of the NSW Coastal Policy.

(a) (v) any coastal zone management plan

It is not considered that the nature or location of the proposed development will be contrary to any of the management actions outlined within the Coastal Zone Management Plan for the Nambucca Shire Coastline.

(b) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

Issue	Comments
Context and Setting	It is not considered that the proposed development will result in any significant impacts on the existing character of the site or surrounding area due to location of the vacant lot behind the existing dwelling and the ability for a dwelling to be constructed on the lot which is compliant with all planning controls.
Access, Transport and Traffic	Suitable access is available to both allotments.
Public Domain	It is not considered that the proposed development will result in any impacts on the public domain.
Utilities	Conditions have been included within the consent to ensure that the development has access to all necessary utilities.
Heritage	In accordance with the Due Diligence Code of Practice, there are no relevant confirmed site records or other associated landscape feature information on AHIMS, no other sources of information of which a person is already aware, and the development will not impact on any landscape features that are likely to indicate the presence of Aboriginal objects.
Water	Provision of reticulated water has been conditioned as part of the consent, with stormwater drainage to the road reserve achievable.
Soils	Conditions requiring the installation and maintenance of erosion and sedimentation controls have been included within the consent.
Flora and Fauna	It is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats.
Waste	There is suitable room on site for the storage of wast as part of any future development.
Noise and Vibration	Construction hours have been conditioned.
Natural Hazards	A bushfire safety authority has been issued by the RFS.
Safety, Security and Crime Prevention	It is considered that the design of the proposed development is consistent with the safer by design principles.
Social Impact in the Locality	Having regard to the above and subject to the conditions of consent, it is not considered that the proposed development will result in any significant social impacts on the locality.
Economic Impact in the Locality	Considering the minimal social impacts posed by the development it is not considered that it will result in any negative economic impacts on the locality.

(c) The suitability of the site for the development

Does the proposal fit in the locality?	Yes	No
The proposed subdivision design is consistent with the existing built form on the site and will enable future development which can be designed so as not to be contrary to the character of the area.	x
Are the site attributes conducive to development?	Yes	No
The vacant lot has a levelled pad suitable of suitable size for the erection of a dwelling with sufficient access.	x

(d) Any submissions made in accordance with this Act or the Regulations

Two submissions were received during the notification of the development application with the following matters raised:

Summary of Matters Raised in Submissions	Reporting Officers Comment
No objection to the proposal on the provision that any planned dwelling is a single story dwelling for privacy reasons.	The proposal does not include the construction of a dwelling. Any dwelling constructed on the land will be subject to assessment under the provisions of state/Council planning controls at that time.
At the time we purchased our property it was known and we were advised that there was ample cluster housing sites within the development we live. At this time we decided on the lot that we have which as advised at the time was not located near the cluster development sites within the development.	The proposed development does not include ‘cluster housing’ (multi dwelling housing). The density of the proposed subdivision is consistent with the NLEP by exceeding the minimum lot size for the site and surrounding area, which predates any dwellings on surrounding allotments. Furthermore, there is sufficient room on the proposed lot for a dwelling house to be constructed which will comply with the amenity provisions of the NDCP.

We were not notified of the earthworks which have been undertaken on the land. We were not advised that the block would be cut in readiness for the proposed subdivision which with it having been cut, this subdivision was as it seems already approved by council and this is just the formality to have it approved and finalised without any intervention having taken place by way of objection or concern.

The earthworks undertaken on the site were carried out in accordance with development consent DA2014/069.

The earthworks are not a relevant component of the proposed subdivision as consent could be granted to the subdivision if the earthworks hadn’t been undertaken. Having regard to this, the earthworks only benefit the construction of future built form on the site which will be subject to separate development consent.

It should also be noted that the erection of a dual occupancy is permissible on the land; meaning the erection of a future dwelling on the excavated area is not reliant on the subdivision of the land.

I would like Council to address the issue of retaining walls on the existing site. The back area has not been properly secured with retaining walls. There is a substantial site cut that borders neighbouring fences that has not been retained since occupancy of the house some 12 months ago. With substantial rain falls this bank is starting to erode significantly and has the potential to collapse our fences. I understand that all owners are responsible for building retaining walls within 3 months of taking occupancy and that it would need to be done to secure a certificate of occupancy.

The batters adjoining surrounding properties commence over a foot inside the subject site as per the consent and it is not considered that they are resulting in any landslip/erosion issues that will impact on the stability of the dividing fences.

Furthermore, the applicant has installed sufficient controls to mitigate sediment and erosion.

As such, it is not considered that works should be required to be undertaken as part of this consent or any regulatory action be undertaken outside of this development application process.

(e) The public interest

Subject to the recommended conditions of consent, it is not considered that the proposal is contrary to the public interest because it will not result in any significant impacts on the natural, social, or economic environments.

Section 91A - Development that is integrated development

The proposed development is integrated development because it requires approval under section 100B of the Rural Fires Act 1997. The application was referred to the NSW Rural Fire Service (RFS) for general terms of approval, with the recommended conditions included within the consent.

Section 94 - Contribution towards provision or improvement of amenities or services

Section 94 contributions payable under the relevant contribution plan are as follows:

Development Contribution Plan	Contribution Amount
Community Facilities and Open Spaces	1 lot = $1,692.00
Surf Lifesaving Equipment	1 lot = $112.00
Administration	10% of the above contributions = $180.40

Section 64 – Construction of Works for Developers (Local Government Act 1993)

Section 64 of the Local Government Act 1993 enables council to levy developer charges for water supply, sewerage and stormwater. This derives from a cross-reference in that Act to Section 306 of the Water Management Act 2000.

Section 64 contributions payable under the relevant contribution plan are as follows:

Development Servicing Plan	Contribution Amount
Water Supply	1 lot = $12,568.00
Sewerage	1 lot = $9,494.00

CONSULTATION:

NSW Rural Fire Service

SUSTAINABILITY ASSESSMENT:

Environment

It is not considered that the proposal will result in any significant impacts on the natural environment because of the sites location and highly modified condition.

Social

As discussed above, it is not considered that the proposed development will result in any significant social impacts on the locality, with future built form on proposed lot 2 capable of achieving the amenity criteria contained within Council DCP.

Economic

The proposal will not negatively impact economic development within the area.

Risk

Nil.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Nil.

Source of fund and any variance to working funds

Nil.

Service level changes and resourcing/staff implications

Nil.

Attachments:

1	42046/2015 - Attachment 1 - Proposed Plans
2	42045/2015 - Attachment 2 - Recommended Conditions of Consent

Ordinary Council Meeting - 14 January 2016

Proposed 2 lot subdivision of Lot 92 DP 109953870, 70 Seaforth Drive, Valla Beach

Attachment 2 – Recommended Conditions of Consent

GENERAL CONDITIONS OF THIS CONSENT

Development is to be in accordance with approved plans

1. The development is to be implemented generally in accordance with the plan endorsed with the Council stamp, dated TBC, and set out in the following table except where modified by any conditions of this consent.

Plan Title	Ref No	Prepared by	Dated
Site Survey Plan	9993	-	20/3/14

In the event of any inconsistency between conditions of this development consent and the plan referred to above, the conditions of this development consent prevail.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE (SUBDIVISION)

Sewerage and Water Mains

2. An approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out water supply and sewerage works involving connections to Council’s existing water and sewer infrastructure.

Advice: This application must include payment of $155 for the installation of a water meter. This figure is subject to adjustment in accordance with Councils Schedule of Fees and Charges.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO SUBDIVISION WORKS COMMENCING

Construction Certificate

3. Subdivision work the subject of this development consent MUST NOT be commenced until:

(a) A construction certificate for the subdivision work has been issued by council or an accredited certifier, and

(b) The person having the benefit of the development consent has appointed a principal certifying authority for the subdivision work, and

(c) The person having the benefit of the development consent has given Council written notice, at least two days prior to work commencing on site, of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence.

Erosion & sediment measures

4. Erosion and sedimentation controls are to be in place in accordance with Managing Urban Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

Construction times

5. Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on residential premises, can only occur:

a Monday to Friday, 7.00 am to 6.00 pm.

b Saturday, 8.00 am to 1.00 pm.

c No construction work to take place on Sundays or Public Holidays.

Erection of Signs

6. A sign must be erected on site in a prominent position containing the information prescribed by Clause 98A (2) of the Environmental Planning & Assessment Regulation 2000 being the name, address and telephone number of the Principal Certifying Authority for the work, and name of the principal contractor for the work and telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the site is prohibited. This sign must be maintained on site while work is being carried out and removed when the work has been completed.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH DURING CONSTRUCTION

Discovery of a Relic

7. The development is to proceed with caution. If any Aboriginal objects are found, works are to stop and the NSW Office of Environment and Heritage (OEH) notified. If human remains are found work is to stop, the site is to be secured and the NSW Police and OEH are to be notified.

Maintenance of sediment and erosion control measures

8. Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO THE RELEASE OF THE SUBDIVISION CERTIFICATE

Plan of Subdivision

9. An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application. Two copies of the plan of subdivision are to be submitted with the application for a subdivision certificate.

Completion of All Works

10. Water and Sewer works, required by this development consent and associated Construction Certificate/section 68 approval are to be completed.

NSW Rural Fire Service Requirements

11. In accordance with Section 91 of the Environmental Planning and Assessment Act 1979 the following condition is required to be consistent with the General Terms of Approval issued by the Rural Fire Service under section 100B of the Rural Fires Act 1997:

· At the issue of the subdivision certificate and in perpetuity, both allotments shall be maintained as an inner protection area as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service‘s document ‘Standards for Asset Protection Zones’.

Electricity Supply Certificate

12. Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground electricity supply throughout the subdivision.

Telephone Supply Certificate

13. Written evidence from Telstra is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground telephone supply throughout the subdivision.

Contributions and Certificate of Compliance (Water, Sewer and Drainage)

14. Prior to the issue of a Subdivision the developer/consent holder will have to be eligible to obtain a Section 307 Certificate of Compliance under the Water Management Act 2000. To be eligible, the developer/consent holder will have to pay the contributions set out in the following table to Council.

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

Public service	No of Equivalent Tenements	Contribution Rate (Amount per ET)	Contribution Levied	Date until which Contribution rate is applicable
Water	1	$12,568.00	$12,568.00	June 2016
Sewer	1	$9,494.00	$9,494.00	June 2016
TOTAL			$22,062.00	June 2016

Contribution to be paid towards provision or improvement of amenities or services

15. Contributions set out in the following Schedule are to be paid to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

Evidence of payment of the contributions is to be provided to the Principle Certifying Authority prior to the issue of the Subdivision Certificate.

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

Public amenity or service	Unit type	No of Units	Contribution Rate (Amount per Unit)	Contribution Levied	Date until which Contribution rate is applicable
Community Facilities and Open Space	Lot	1	$1692	$1,692.00	June 2016
Surf Life Saving Equipment	Lot	1	$112	$112.00	June 2016
Section 94 Administration	10% of the above contributions			$180.40	June 2016
TOTAL				$1,984.40	June 2016

REASONS FOR CONDITIONS

· To ensure that the proposed development:

(a) achieves the objectives of the Environmental Planning and Assessment Act 1979;

(b) complies with the provisions of all relevant Environmental Planning Instruments;

· To meet the increased demand for public amenities and services attributable to the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979 and Section 64 of the Local Government Act 1993.

· To ensure the protection of the amenity and character of land adjoining and in the locality of the proposed development.

· To minimise any potential adverse environmental, social or economic impacts of the proposed development.

· To ensure that all traffic, car parking and access requirements arising from the development are addressed.

· To ensure the development does not conflict with the public interest.

Ordinary Council Meeting 14 January 2016

General Manager's Report

ITEM 9.8 LF780 140116 Request for an Extension of Time to Remediate Pistol Shooting Range - 816 to 846 Gumma Road, Gumma

AUTHOR/ENQUIRIES: Daniel Walsh, Senior Town Planner; Michael Coulter, General Manager

Summary:

Council issued the Nambucca Valley Pistol Club (Pistol Club) with a direction to take clean-up action on the former Gumma target shooting range at 816-846 Gumma Road, Gumma in accordance with section 91 of the Protection of the Environment Operations Act 1997 on 28 September 2015. A copy of the notice has been included within attachment 1.

The direction to take clean-up action required investigation reports to be undertaken by a suitably qualified independent person and submitted to Council for approval before 21 December 2015. However, on 16 December 2015 Council received a letter from the Pistol Club requesting a six month extension to the period to submit the investigation reports. That letter has been included within attachment 2.

At its meeting on 15 December 2015, Council resolved that a report in regard to the Pistol Club’s request for an extension of time to remediate the pistol shooting site be referred to Council for consideration. This report is being referred to Council for consideration in accordance with that resolution.

Recommendation:

1 That Council vary the clean-up notice issued to the Nambucca Valley Pistol Club by Council on 28 September 2015 by extending the time to comply with actions 1 and 2 of the notice by six months.

2 That Council warn the Nambucca Valley Pistol Club that unless they pay the $506.00 administration fee for the clean-up notice within 14 days, that Council will issue a $500 penalty infringement notice for failure to pay the administration fee in accordance with section 94(4) of the Protection of the Environment Operations Act 1997.

OPTIONS:

1 Vary the clean-up notice issued by Council on 28 September 2015 by extending the time to comply with actions 1 and 2 of the notice by six months.

2 Issue the Nambucca Valley Pistol Club a $4,000.00 penalty infringement notice for failure to comply with the clean-up notice.

3 Commence proceedings in the Local or Land and Environment Court.

4 Issue the Nambucca Valley Pistol Club a $500.00 penalty infringement notice for failure to pay the administration fee in accordance with section 94(4) of the Protection of the Environment Operations Act 1997.

5 Waive the $506.00 administration fee in accordance with section 94(3) of the Protection of the Environment Operations Act 1997.

DISCUSSION:

The former Gumma target shooting range is located at Lot 215 DP 1022234, 816-846 Gumma Road, Gumma and was operated between the 1980’s until 2015. The range consists of an excavated earth ‘stop butt’ located behind the targets, with no other measures employed to capture bullets.

During inspection of the land it was evident that there is a considerable amount of spent lead bullets remaining in the ‘stop butt’ area, as well as spent bullet casings within the frontage of the shooting bays. Given the potential volume of bullets lodged in the excavated “stop butt” and that they may be corroding due to being in contact with soil, it is possible that lead contaminated soil could leach from the site as a result of surface and ground water flows. This is considered to be a pollution incident under the Protection of the Environment Operations Act 1997.

As reported to Council at its meeting on 15 October 2015, Council issued the Nambucca Valley Pistol Club (Pistol Club) with a direction to take clean-up action in accordance with section 91 of the Protection of the Environment Operations Act 1997 on 28 September 2015. A copy of the notice has been included within attachment 1. This involves investigating the extent of any contamination, remediating any affected areas, and removing all spent bullets and casings.

The required investigation reports were to be undertaken by a suitably qualified independent person and submitted to Council for approval before 21 December 2015. However, on 16 December 2015 Council received a letter from the Pistol Club requesting a six month extension to the period to submit the investigation reports. That letter has been included within attachment 2.

At its meeting on 15 December 2015, Council made the following resolution:

“That Council receive a report in regard to the Pistol Club’s request for an extension of time to remediate the pistol shooting site and that the report include staff opinion on the appropriateness of the extension in the context of the coming wet season and contamination of the site.”

The reason given for the requested six month extension is due to the Pistol Clubs inability to fund the required investigations and works without the assistance of government grants. Having regard to the options Council has for resolving this matter (outlined above), it is considered that varying the clean-up notice by extending the time to comply with actions 1 and 2 by six months is considered to be the most appropriate.

The reasons for this are that the Pistol Club has demonstrated good intentions of complying with the notice, with financial reasons being the only constraint to compliance. Enabling the Pistol Club to investigate/obtain external funding during the six month extension in time will increase the likelihood of a favourable resolution to the matter; that being any contamination of the land being remediated at minimal expense to Council.

Having regard to the above and that a six month extension to the clean-up notice would be until 21 June 2016, it is considered that commencing proceedings in the Local or Land and Environment Court at this point in time would be premature because it will add considerable legal costs to Council and the Pistol Club and may not be resolved before potential grant funding is allocated. Given the potential for legal and administrative costs to be avoided if grant funding is provided; it is not considered that commencing proceedings is in the public interest while there is an alternate funding option currently being investigated.

Given the comparable timeframes with regards to obtaining and complying with a court order compared to the requested six month extension; it is not considered that potential contamination would escape from the site during the six month extension any more than what would occur (if any) if Council were to commence proceedings.

It is to be noted that a representative from the Member for Oxley’s office (Melinda Pavey) phoned the Senior Town Planner late last year and explained that he has agreed to provide the Pistol Club with information on potential government grants which they may be eligible for to undertake the works. He said that applications for those grants would not open until later this year and made it clear that the Member for Oxley’s office would not be making the applications for them.

It should also be noted that issuing the Pistol Club with a $4,000.00 penalty infringement notice for non-compliance with the clean-up notice is not recommended as payment would result in Council being unable to commence proceedings for the offence; meaning Council would have no statutory power to pursue the desired outcome of the site being cleaned up.

As such, it is recommended that Council vary the clean-up notice issued on 28 September 2015 by extending the time to comply with actions 1 and 2 of the notice by six months (21 June 2016) and then reassess its options if the direction is not complied with before this date.

The clean-up notice issued by Council on 28 September 2015 also required the payment of $506.00 to Council in accordance with section 94 of the Protection of the Environment Operations Act 1997.

Section 94 provides as follows:

94 Fee

(1) The purpose of this section is to enable a regulatory authority to recover the administrative costs of preparing and giving clean-up notices.

(2) A person who is given a clean-up notice by a regulatory authority must within 30 days pay the prescribed fee to the authority.

(3) The regulatory authority may:

(a) extend the time for payment of the fee, on the application of a person to whom subsection (2) applies, or

(b) waive payment of the whole or any part of the fee, on the authority’s own initiative or on the application of a person to whom subsection (2) applies.

(4) A person who does not pay the fee within the time provided under this section is guilty of an offence.

Maximum penalty: 200 penalty units.

As indicated the fee is to enable Council to recover the administrative costs of preparing and giving the clean-up notice. The Pistol Club have requested that this fee be waived by Council as they are a non-profit organisation with a small income.

The fee was to be paid on or before 21 December 2015. The failure to pay the fee before that date is an offence. As such, Councils options are to either issue a penalty infringement notice of $500.00 or waive the fee or to extend the time for payment. Given the administrative costs (staff time) associated with preparing and giving the clean-up notice, and associated work such as this report, it is not considered that Council should waive the fee.

CONSULTATION:

General Manager.

The report as prepared by the Senior Town Planner proposed to issue a $500 penalty infringement notice for failure to pay the administration fee in accordance with Section 94 of the Protection of the Environment Operations Act 1997. The General Manager’s view was that the Pistol Club should be provided with a final warning to pay within 14 days.

SUSTAINABILITY ASSESSMENT:

Environment

It is considered that the above recommendations will provide greater opportunity for a faster and less costly clean-up of the site which will enhance the environment.

Social

It is not considered that the recommendations will have any social impacts.

Economic

The recommendation will minimise costs for both parties while increasing potential for a faster resolution to the matter.

Risk

There is potential that the Pistol Club will not be successful in obtaining grant funding. However, given that there are grants available which have been established for projects such as this; it is considered appropriate to investigate this option before commencing proceedings.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The recommendation will potentially minimise impacts on current or future budgets.

Source of fund and any variance to working funds

Not applicable.

Service level changes and resourcing/staff implications

Not applicable.

Attachments:

1	178/2016 - Attachment 1 - Clean Up Notice
2	177/2016 - Attachment 2 - Request for six month extension

Ordinary Council Meeting - 14 January 2016

Annual Summary - Indian Myna Control Project - 2014-2015

INDIAN MYNA CONTROL PROJECT (NAMBUCCA SHIRE COUNCIL)

ANNUAL PROJECT SUMMARY: NOV 2O14 – OCT 2015

The purpose of this report is to provide a summary of activities and outcomes for Nambucca Shire Council’s Indian myna control project, for the period November 2014 to October 2015.

This report has been prepared by the Project Coordinator, Tien Pham.

Attached files:

· Database.xlsx

· Resources.xlsx

1. Indian myna trapping and control outcomes

Period	Community enquiries	No. of trapping volunteers	No. mynas trapped
Nov 2014	1	0	0
Dec 2014	5	4	52
Jan 2015	2	2	4
Feb 2015	1	1	6
Mar 2015	0	0	0
Apr 2015	1	1	0
May 2015	3	2	0
Jun 2015	3	1	0
Jul 2015	0	0	0
Aug 2015	1	2	4
Sept 2015	1	2	34
Oct 2015	0	1	6 to date
TOTALS	18	16	106

Table 1 Project Outcomes

· 7 of 14 trappers (50%) reported success in trapping Indian mynas (Refer to Database.xlsx for raw data)

Trapping success could be increased by more consistent/ frequent use of decoys birds (Refer to discussion below in the section on Issues and Challenges)

· One trapper caught non-target species (Butcher bird and crested pigeons)

· Majority of trappers (72%) utilised the CO2 gas euthanasia service.

· One community enquiry was a misidentification: Native noisy miner was mistaken for the Indian myna. The Bird-friendly garden brochure, which provides practical tips on enhancing bird diversity, was given to the resident.

· Common reasons for trapping failure:

- sporadic/ erratic movements of Indian mynas on site during the trapping period (mostly during the cooler months April- Aug). During this period, only 4 mynas were trapped (6 of 16 trappers).Trapping may also be more successful in the warmer months, during breeding season when there is an influx of juveniles in the population. Many trappers have suggested that the young and hence more naive enter the trap more readily.

- tampering of traps by other birds e.g. Magpie and Ibis. One trapper who was having trouble with Ibis used large-gauge mesh wire to create an enclosure around the trap. This allowed I. mynas, but not Ibis to access trapping zone. Subsequently, the volunteer was successful in trapping the flock of mynas.

- Some trappers reported that I. mynas were consistently present on the trapping site, but would not approach the trap. Possible reasons include trap shyness, or abundant food sources in the surrounding area, so birds aren’t inclined to risk going into trap.

- One volunteer who was not successful with the trap reported the use of scare owls as effective deterrent.

2. Issues/ challenges

Use of decoy birds

Data collected from the original IM control program (funded by the Environmental Trust) indicated that the use of decoy birds was very effective in increasing trapping success (40-50% success using free-feeding method, 75-85% using decoys)

During the current program, decoy birds were deployed on only two occasions. On both occasions the trappers, who were initially unsuccessful using the standard free-feeding method, were able to trap I. mynas, once decoy birds were used.

The Project Officer identified a number of key factors which limited the use of decoy birds;

- the Project Officer’s limited work capacity (average 2 -3 hours per week), renders it impracticable to pick up live specimens as they are freshly trapped by one volunteer and to deliver to other volunteers who happen to require a decoy that same day.

- For animal welfare reasons, decoys can only be used for a period of 48 hrs, after which time they must be euthanised. This presents another difficulty, if the volunteer is unable to euthanise the bird himself, and cannot readily access a euthanasia station as an alternative.

- There is currently no one in the Nambucca shire who keeps I. mynas for the purpose of supplying other volunteers with decoy birds.

Trap construction

At start of the project period, November 2014, there were 7 trap units available for community use. One trap unit appeared slightly damaged, and only required some minor repairs.

Over the course of the project period one trap unit was damaged beyond repair (branch fall during storm event).

Four additional traps were built as part of a project linked with Macksville Tafe. Through prior arrangement, one of these traps was given to the Nambucca Men’s Shed. These arrangements were in place prior to the Project officer’s position commencing. On numerous occasions, the Project officer attempted to contact the Tafe trainer/ supervisor assigned to the project, but did not hear back from him until the traps were completed. None of the traps had been constructed to specifications. During subsequent discussions, the Tafe trainer explained that the co-hort of students were made up of young school leavers, and many had challenging behavioural issues, which made it very difficult for traps to be properly constructed.

Out of the four traps incorrectly built, only one has the potential to be salvaged, through modification. The others were so poorly constructed that nothing short of complete reconstruction is required.

The same issues were encountered during the original IM Control Project. Participating groups had to be assessed for not only their willingness, but ability to construct traps, as the work can be very tedious, repetitive and requires basic level skills in using pliers and other tools. When these problems were identified during the original program, the Project Officer developed a quality assurance process, which included liaising with the interested group/ organisation, assessing their suitability/ capabilities, and arranging a training session with a skilled trap builder, to ensure provision of adequate technical and material support. A correctly constructed trap was also left with the group to be used as a model to which builders could refer, as the written construction guidelines are not always easy to follow. This process will need to be reinstated, should future trap construction projects be considered.

Trap shy behavior

Trap shy behavior has previously been reported by trapping volunteers and remains an issue.

There has also been research which supports these observations;

http://www.researchgate.net/publication/222173297_Indian_mynahs_Acridotheres_tristis_learn_about_dangerous_places_by_observing_the_fate_of_others

Further discussions and consultation with the wider IM control regional network is required to monitor and address issues relating to trap avoidance behaviour.

3. Recommendations/ Future actions

o Central trap collection point: Currently, any excess traps are being held by the Project Officer (private residence). However, most of the time, trap units are being effectively circulated throughout the community, and are held by volunteers, so there is little urgency to set up a central collection point (possibly Council depot???).

May need to address in the future…

o Increasing effectiveness of trapping: More frequent use of decoy birds would increase trapping success. This may require an expansion of the Project officer’s duties (additional working hours) to allow adequate and humane provision of live decoys. Ideally, the Project officer should be willing and able to work flexible hours to accommodate the use of decoy birds (e.g. 2 hours, on 3 days per week).

o Other control strategies: If funding is available, the Project officer’s role could be expanded to include community education and awareness activities, with the aim of recruiting more trapping volunteers and engaging the wider community in other I. myna control activities, such as reducing potential myna habitat around the house and yard.

Ordinary Council Meeting 14 January 2016

Assistant General Manager Corporate Services Report

ITEM 10.1 SF544 140116 Developer Contributions Plan : Adoption of Final Local Roads and Traffic Infrastructure

AUTHOR/ENQUIRIES: Colleen Henry, Grants and Contributions Officer; Michael Coulter, General Manager

Summary:

The public exhibition period for the Local Roads and Traffic Infrastructure (LRTI) Developer Contributions Plan ended on 17 December 2015 and no submissions were received. The final plan is presented here for Council’s adoption. It will come into effect from the date of notification in the newspaper of public record, scheduled for 21 January 2016, assuming the recommendation is adopted by Council.

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:

That Council adopt the Final Local Roads and Traffic Infrastructure Developer Contributions Plan and it becomes effective from 21 January 2016 following public notification in the Guardian News on that day.

OPTIONS:

That Council not adopt the plan, however this would affect the collection of developer contributions and future expenditure on projects identified on the works schedule. It would also have on-going financial impacts on Council’s General Fund budget and future rating policy.

Council could defer adoption of the plan and seek information about the contribution regime applying in nearby Councils.

DISCUSSION

Changes which have been made to the final plan are:

· Templates for Works in Kind Agreement and Developer Agreement have been deleted as these are available in other locations.

· Addition of Summary of Contributions table to section 5.7.

· Correction of minor typographical and grammatical errors.

· Additional text shown in red font to better identify the development which the Contributions Plan is intended to apply to.

A copy of the final Local Roads and Traffic Infrastructure Developer Contributions Plan is attached.

In summary the contributions plan only applies to residential development which would result in the creation of additional residential lots/dwellings and a commensurate net increase in demand for local roads and traffic infrastructure. This includes new residential lots created via the subdivision (Torrens, Strata or Community title) of an existing lot, dwellings within residential flat buildings/multi-unit apartment building, multi-dwelling housing developments, dual occupancies (attached and detached) and senior’s living dwellings approved under SEPP (Housing for Seniors or People with a Disability) 2004. Contributions do not apply to development for the purposes of a secondary dwelling with a floor area up to and including 60m² (within external walls) for a trial period which will conclude on 23 July 2017.

The contribution would be $3,974.11 for each new lot with lesser rates for residential flat buildings depending upon the number of bedrooms. The contribution requirement will be subject to annual indexation.

The plan does not apply to the extension of an existing dwelling, nor does it apply to new industrial or business development.

To provide some context to the new contribution plan, the contribution requirements for new residential lots in Macksville and Nambucca Heads would be as follows:

Macksville – per lot developer contributions

Contribution Plan	$ per lot 2015/2016
Community Facilities and Open Space	1,692
Surf Life Saving	112
Local Roads and Traffic Infrastructure	3,974
Section 94 Administration	577
Water (Section 64 contribution)	12,568
Sewer (Section 64 contribution)	7,063
Total	25,986

Nambucca Heads – per lot developer contributions

Contribution Plan	$ per lot 2015/2016
Community Facilities and Open Space	1,692
Surf Life Saving	112
Local Roads and Traffic Infrastructure	3,974
Section 94 Administration	577
Water (Section 64 contribution)	12,568
Sewer (Section 64 contribution)	9,494
Total	28,417

CONSULTATION:

General Manager

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental impacts associated with this report.

Social

There are positive social impacts associated with the ability to provide adequate roads and traffic infrastructure as a result of increased population in the Shire.

Economic

New developer contribution plans or increasing existing developer contribution plans will increase the cost of new development and potentially have a negative economic impact. Of course there are many other factors affecting the price of land and the impact of developer contributions needs to be considered in the context of land prices and other development costs. Balanced against this is that Council has to finance the additional costs imposed on its infrastructure as a consequence of population growth.

It is clear that Council’s water and sewer contribution regime and their recent increases are the major contributor to developer contributions, rather than the existing and proposed Section 94 plans. The Integrated Water Cycle Management (IWCM) Plan which sets out Council’s 30 year capital works program for water and sewerage is scheduled for review in 2016. It is the content of Council’s IWCM which determines the overall funding requirements for water and sewerage and in turn the applicable developer charges.

Risk

The major risks associated with contribution plans are discussed in the economic section.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The application of the plan to future development will provide Council with partial resources to complete the works which have been identified within the plan.

At a strategic level notwithstanding the Council has been deemed as (financially) fit for the future, it is facing a very large liability in the handover of the existing Pacific Highway and will need to continue to work hard in maintaining its costs and increasing its revenue to remain financially fit. Also less emphasis on developer contributions as a source of capital funding will inevitably mean more pressure on ratepayers via future special rate variations. The further question is the extent to which existing ratepayers wish to subsidise new development and the related question about one generation accruing a liability which will need to be paid by a subsequent generation.

Source of fund and any variance to working funds

Not applicable.

Service level changes and resourcing/staff implications

There are no changes to service levels or resourcing/staff implications.

Attachments:

37301/2015 - Final Local Roads and Traffic Infrastructure Development Contributions Plan 2016

Ordinary Council Meeting - 14 January 2016

Developer Contributions Plan : Adoption of Final Local Roads and Traffic Infrastructure

PART A

1 INTRODUCTION

1.1 Name of this plan

This s.94 Developer Contribution Plan is prepared in accordance with the provisions of section 94 of the Environmental Planning and assessment act (1979) (EP&A Act) and Part 4 of the Planning and Assessment Regulation (2000) (Regulation).

The plan is named the “Local Roads and Traffic Infrastructure 2015 Developer Contributions Plan”.

1.2 Commencement of the contribution plan

This contribution plan is prepared pursuant to the provisions of s.94 of the EP&A Act and Part 4 of the Regulation and is effective from 24 December 2015.

1.3 What area does this plan apply to?

This plan applies to all land within the Nambucca Shire.

This plan applies to residential development which would result in the creation of additional residential lots/dwellings and a commensurate net increase in demand for local roads and traffic infrastructure. This includes new residential lots created via the subdivision (Torrens, Strata or Community title) of an existing lot, dwellings within residential flat buildings/multi-unit apartment building, multi-dwelling housing developments, dual occupancies (attached and detached) and senior’s living dwellings approved under SEPP (Housing for Seniors or People with a Disability) 2004. Contributions do not apply to development for the purposes of a secondary dwelling with a floor area up to and including 60m² (within external walls) for a trial period which will conclude on 23 July 2017.

1.4 What is a s.94 contribution plan?

Section 94 of the Act authorises Council to levy contributions from developers as a condition of consent for the provision of public infrastructure, facilities and services that are required as a result of increased development. The s.94 plan remains a public document and describes Councils policy on developer contributions.

A s.94 contribution plan details the expected increase in demand as a result of new development and links this to an increased demand for local public services, facilities and infrastructure to be provided through developer contributions. This ‘nexus’ is one of the underlying core principles of s.94 and is the key factor in deciding if a contribution can be sought.

A contribution plan must contain a description of how the contribution rate has been determined, and the formulae for determining the rate; the contribution rates; the works schedule; and timeframe for expenditure and project delivery.

The plan should be flexible, it should be able to respond to the changing needs of an area, and it should allow for the planned, efficient provision of facilities and infrastructure expected to be required as a result of, or to assist, new development.

The plan should operate over a specific period of time, which in this case is 20 years, for determining both the rate of development and the infrastructure, facilities and services to be provided within that period. The plan should be reviewed and amended if necessary at the program’s midpoint (5 years).

Council can only demand a contribution if it is satisfied the development, the subject of the development application, will or is likely to require the provision of or increase the demand for, public facilities within the area. Contributions may be in the form of monetary payments, dedication of land at no cost to council, the provision of a material public benefit, or a combination of these.

The ability to fund new works facilities and the embellishment of existing infrastructure in the community through the use of s.94 contributions is highly important for Nambucca Shire Council. Through the use of developer contributions Council reduces the cost and impact of existing residents in the LGA for the provision of additional services and infrastructure generated by new development. The use of s.94 contributions guarantees the service level for the existing population is maintained while ensuring an equivalent level is provided for the incoming population.

1.5 Purpose of this contribution plan

This plan satisfies the requirements of the EP&A Act and Regulation and authorises Nambucca Shire Council to require payment of a monetary contribution, a dedication of land or in lieu of, to accept the provision of material public benefit, including the dedication of land, or the carrying out of a works in kind agreement, towards provision, extension or augmentation of public facilities, infrastructure and/ or services that will, or are likely to be, required as a consequence of development in the Nambucca Shire.

The purpose of this plan is to:

§ Provide the framework for the efficient and equitable determination, collection and management of development contributions towards the provision of public facilities and infrastructure.

§ Ensure that all new development that benefits from these public facilities and infrastructure contribute towards their provision.

§ Determine the likely development patterns and needs of the population which will result from that development.

§ Ensure that the existing Nambucca Shire community is not unreasonably burdened by the provision of public facilities and infrastructure required as a result of the ongoing development and redevelopment undertaken within the Nambucca LGA.

§ Provide an overall strategy for the coordinated delivery of public facilities and infrastructure consistent with Council’s strategic plan and management plan.

§ Provide a comprehensive and transparent strategy which is implemented for the assessment, accounting and review of development contributions made under s.94 of the Act and regulation for the Nambucca LGA.

§ Indicate a program of works and capital expenditure for the provision of public works required as a result of development within the LGA.

1.6 Relationship to other plans

Contributions raised and paid under the authority of this plan will be directed towards the respective facility and infrastructure described in the work schedule of this plan.

Contributions levied under the plan may be adjusted according to movements in the Consumer Price Index (CPI). This would arise where the timing of the payment of the contribution is at least one (1) year from the date of development consent, which contains the condition imposing the s.94 contribution/s.

The plan does not apply to development subject to a plan prepared under Section 94A of the Act.

1.7 For what facilities and / or infrastructure will contributions be levied?

This contribution plan establishes strategies that allow s.94 contributions to be levied towards the provision of the following works as detailed in the Works schedule in the Appendix.

1.8 Contribution plan structure

The contribution plan is structured in four (4) parts:

Part A: details essential components of the plan, including the basis for preparing a development contribution plan, describes the plan’s operation and administration, defines the area affected by the plan and its relationship to other plans.

Part B: provides details of the need for public facilities planned to be provided, including the expected development and population characteristics of the Nambucca Shire and the plan for the delivery of required facilities and infrastructure.

Part C: provides details on the strategies to deliver each of the categories of facilities and infrastructure, including the causal, spatial and temporal link between the expected development and the facilities required, and the philosophy, standards and manner of facility and service delivery.

2 ADMINISTRATION AND OPERATION OF THE PLAN

2.1 Operation of the plan

Section 94 permits Council to require developers to provide or assist in the provision of new facilities and infrastructure required as a result of new development. The mechanism to require the contribution is through the development assessment process.

In determining a development application or issuing a complying development certificate, Council may impose a condition of consent requiring the payment of a monetary contribution, dedication of land and / or works in kind, in accordance with the provisions of the plan.

This plan identifies the quantum of contribution to be levied on an individual development, and what infrastructure the contribution may be directed towards. Such details are to be included in the respective development approval. The parameters and assumptions used to identify contributions and the works as a result of development occurring are dynamic. As a result this plan will be reviewed periodically.

Information on the contributions received, and details of how these contributions have been applied towards the provision of the public amenities and services described in this plan, will be reported in Council's annual financial statements. A register of contributions received under this plan will also be maintained and made publicly available by Council.

2.2 What is the life of this plan?

This plan seeks development contributions for infrastructure required as a result of population increases occurring over the next twenty (20) year period. The time frame selected accords with the estimated rates of development and population projections completed to identify growth from 2015.

2.3 What is the contribution formula?

The formula used to determine the contributions regarding each type of facility and service are set out in Part C of this Plan. The formulas have been based on a generic contribution formula that applies to each infrastructure item.

The contribution rate will be indexed according to the CPI set out in section 2.10. A summary of the contribution rate is provided. The contribution rates for residential development are calculated per person, and then converted to a per dwelling bedroom occupancy or where applicable per new lot.

2.4 When are contributions payable?

The amount of developer contributions will be determined as a part of the assessment of a development application and will appear as a condition of approval on the respective development consent issued under section 80 or 89 of the EP&A Act. The notice will include a condition indicating the timing, amount of payment and the public amenity or service in respect of which a condition is imposed.

The provision of material public benefits or works in kind, or payment of a monetary contribution is to be made prior to the issue of a construction certificate. In the case of subdivision, the contribution is to be made prior to the issue of the subdivision certificate. Where a developer negotiates a material public benefit or works in kind in lieu of paying a monetary contribution required under this Plan, the developer must also pay Council's reasonable costs for the management of this contribution plan.

The amount of monetary contribution to be paid will be the contribution payable at the time of consent, and depending on when the development consent is acted upon, may be subject to reasonable adjustment due to movements in the financial indices and rates in section 2.10.

2.5 Are contributions payable for complying development?

It is the responsibility of the principal certifying authority to accurately calculate and apply the s.94 contribution conditions where applicable. It is the responsibility of any person issuing a construction certificate to certify that the contributions have been paid to Council prior to the issue of the certificate. Deferred payments of contributions required by a condition of complying development certificate will not be accepted.

Contributions do not apply to development for the purposes of a secondary dwelling with a floor area up to and including 60m2 (within external walls) for a trial period of two years, commencing from 13 August 2015.

The provision of material public benefits, works in kind or payment of a monetary contribution is to be made prior to the issue of the construction certificate. In the case of subdivision, the contribution is to be made prior to the issue of a subdivision certificate.

Where a developer negotiates a material public benefit or works in kind in lieu of paying the monetary contribution required under this plan, the developer must also pay Council's reasonable costs for the management of this Contributions Plan.

2.6 Offer to enter into a voluntary planning agreement

If an applicant does not wish to pay a levy in connection with the carrying out of a development, the applicant may offer to enter into a voluntary planning agreement with Council under s.93F of the EP&A Act in connection with making a development application.

Under the planning agreement, the applicant may offer to pay money, dedicate land, carry out works or provide other material benefits for public purposes.

The applicant's provision under a planning agreement may be additional to or instead of paying a contribution in accordance with a condition of development consent authorised by this plan. This will be a matter of negotiation with Council.

The offer to enter into the planning agreement together with a copy of the draft agreement should accompany the relevant development application.

Council will publicly notify the draft planning agreement and an explanatory note relating to the draft agreement along with the development application and will consider the agreement as part of its assessment of that application.

If Council agrees to enter into the planning agreement, it may impose a condition of development consent under s.93I(3) of the EP&A Act requiring the agreement to be entered into and performed. If Council does not agree to enter into the planning agreement, it may grant consent subject to a condition authorised by this plan requiring the payment of a contribution.

2.7 Works in Kind and Material Public Benefits

Council may allow applicants to make a contribution by way of a material public benefit, (for items NOT included in the Works Schedule) or by works in kind (for items included in the Works Schedule) as referred to in s.94(5) of the Environmental Planning and Assessment Act 1979.

Council may, but is not obliged to, accept material public benefits or works in kind when:

§ Agreement is reached between the developer and Council as to the proposed material public benefit or works in kind,

§ A monetary contribution in accordance with the Developer Contributions plan is unnecessary or unreasonable in the circumstances,

§ The value of the material public benefit or works in kind is at least equal to the value of the monetary contribution assessed in accordance with the plan, and

§ The material public benefit of all works in kind will not prejudice the timing or the manner of the provision of the public facility for which the contribution was required.

It may also accept a material public benefit for an item not included on the contribution plan works schedule where it considers the acceptance of that material public benefit will not create an unacceptable shortfall in contributions collected which may lead to difficulty in providing other items on the work schedule.

The offer from an applicant or any other entitled to that consent must be made in writing as part of the development application and include details of the extent and nature of the works proposed to be undertaken.

Council will require the applicant to enter into a written agreement for the provision of the works.

Acceptance of any such alternative is at the sole discretion of Council. Valuation of any land to be dedicated will be obtained by Council at the applicant’s expense. The cost of the dedications is to be borne by the applicant. The terms of the offer as accepted by Council will be included in the development consent.

2.8 Dedication of land

Dedication of land in lieu of monetary contributions for infrastructure described in this plan will be considered at the discretion of Council.

Dedication of land will be required on an area basis in accordance with the rates in the plan at the date of dedication. All costs of dedication are to be borne by the applicant, including but not limited to, survey, legal and administration costs.

The land is to be in a condition suitable for its intended purpose cleared of all debris, weeds and waste materials. The land is to have a compliance certificate from a registered testing authority stating that the land is free from contaminated and hazardous materials and substances. Council will not accept dedication of any lands otherwise.

Land to be dedicated is to be shown on the Final Plan of Subdivision that accompanies the Subdivision Certificate application, and come under Council care and control upon registration of the subdivision.

2.9 Monitoring and review of contributions

Nambucca Shire Council acknowledges the need to continually monitor and review this plan. The contribution plan will be subject to review that will account for such matters as community need, provision costs, development rates, contribution affordability and performance of provision of works.

In the event of Council identifying changes as a result of the review process, amendments to the contribution plan, (apart from the periodic adjustment of contributions that is provided for in s.2.10 of this Plan, based on published indices), will be publicly exhibited in accordance with the requirements of the EP&A Regulation 2000.

Pursuant to Cl32(3) of the Regulation 2000, Council may make certain minor adjustments or amendments to the plan without prior public exhibition and adoption by Council.

2.10 Adjustment of contributions

To ensure that the values of the contributions are not eroded over time by movements in the Consumer Price Index (CPI), Council will amend the contribution rates. The contribution rates listed in Part C will be amended annually and increased, or as the case may be, decreased according to the CPI to allow for adjustments in the cost of provision for facilities. Contributions will also be adjusted at the time of payment in accordance with the quarterly CPI.

Contributions required as a condition of development consent will be adjusted at the time of payment in accordance with the latest CPI (All Groups – Sydney) as published quarterly by the Australian Bureau of Statistics (ABS), using the following formula.

Contribution at the time of payment = C x CPI 2

CPI 1

Where:

C = The original contribution amount as shown on the consent.

CPI 2 = The CPI Number (All Groups – Sydney) currently available from the ABS at the time of payment.

CPI 1 = The CPI Number (All Groups – Sydney) last published by the ABS at the time of coming into effect

of the plan, or subsequent amendment of the plan.

2.11 Accountability

Financial management and accountability are important components of S94, and Council is obliged to maintain an accurate and up to date register of all S94 contributions.

Monetary contributions received under the authority of this plan must be recorded and kept through a separate account specifically established for this plan. The records must indicate the contributions received, contributions expended and must include the interest, if any, earned on invested funds for each account. These records are updated on a monthly basis.

Separate accounting records are maintained for all Council's S94 contribution plans. Information on S94 accounts and funds relating to this plan will be provided in a condensed format within Nambucca Shire Council's Annual Report/s in accordance with requirements of the EP&A Regulation 2000. Information is also available in Council's contribution register relating to this plan, which can be inspected at Council during normal business hours.

2.12 Deferment of payments

With regard to payment deferments please refer to Council’s current payment deferment policy.

2.13 PooIing of contributions

This plan authorises monetary s.94 contributions paid for different purposes to be pooled and used progressively or otherwise for those purposes, and are described in the works schedule.

2.14 Savings and transitional arrangements

A development application submitted prior to the adoption of this plan but not determined shall be determined in accordance with the provisions of the plan, which applied at the date of determination of the application.

2.15 Staging of infrastructure

Council will only be able to directly provide works and services when sufficient funds have been provided by way of contributions. The works schedules under this plan identify spending priorities for some works. The identified priorities will inform decisions about the order in which works will be delivered and works that may be delivered using pooled funds. Work priorities may be adjusted to account for Council’s capacity to carry out works having regard to Council-wide works programs. Similarly some works may be accelerated where there are synergies with other Council works.

PART B

3 COMMUNITY PROFILE

The community profile is prepared to provide a clear understanding of the characteristics of the resident population of the Nambucca Shire and to identify trends. The profile assists in projecting residential population growth and determining what facilities will be required to meet the needs of the population resulting from future development. Data is drawn from the ABS Census data held for 2001, 2006 and 20111using the Nambucca LGA and postcodes 2441, 2447, 2448 and 2449.

3.1 Resident Population

The resident population of the Nambucca Shire has experienced slow growth since 1996. The 2006 Census recorded 17,896 persons across the Shire, an Increase of 0.66% between 2001 and 2006. The 2011 Census records 18,644 persons indicating a 4.18% increase since 2006.

Table 1 Population Size and Change Nambucca Shire Local Government Area

Year

Population

Average % Change P.A.

1996

17 567

2001

17 778

0.17

2006

17 896

0.20

2011

18,644

0.84

3.2 Demographic Characteristics

3.2.1 Age Structure

In the 2011 Census 17.8% of the population usually resident in Nambucca LGA were children aged between 0 – 14 years, compared with NSW’s state percentage of 19.2%. Comparatively, a large proportion of the population, 40.72%, was aged 55 years and over, against a State percentage of 26.4%. The median age for persons in the Nambucca Shire was 49 years against a State median of 38 years.

These figures reflect the trend of coastal and near coastal locations as popular retirement destinations, and the relatively low numbers of younger people is complementary to the ageing population trend.

Table 2 Age Structure, Nambucca LGA 2001 – 2011

Age Group

2001

(no.)

2006

(no.)

2011

(no.)

Change

01-11(%)

0-4 years

973

978

1045

7.40

5-9 years

1 247

1 101

1105

-11.39

10-14 years

1 441

1 265

1176

-18.39

15-19 years

1 175

1 126

1110

-5.53

20-24 years

574

652

13.59

25-29 years

686

567

656

-4.37

30-34 years

791

737

634

-19.85

35-39 years

1 041

868

913

-12.30

40-44 years

1 347

1 154

959

-28.80

45-49 years

1 298

1 427

1229

-5.32

50-54 years

1 216

1 353

1567

28.87

55-59 years

1 069

1 389

1505

40.79

60-64 years

1 077

1 229

1543

43.27

65-69 years

990

1 134

1354

36.77

70-74 years

1 039

932

1089

4.81

75-79 years

865

883

821

-5.09

80-84 years

482

653

658

36.51

85 years and over

351

448

626

78.35

Total

17 662

17 896

18 644

1.79

3.2.2 Household type

Family households (65.6%) and lone person households (31.3%) in 2011 comprised a large proportion of the households in the Nambucca LGA. This is lower than the NSW average where family households account for 71.9%. Lone person households are higher than the State average of 24.2%. Single parent families comprise 19.4% of families (State 16.3%).

3.2.3 Ethnicity

In the 2011 Census, 85.1% of persons resident in the Nambucca LGA stated they were born in Australia, significantly higher than the State average of 68.6%. Aboriginal and Torres Strait Islanders accounted for 7.3% of the LGA population, higher than the State average of 2.4%.

Of those residents not born in Australia, 6.1% were born in NW Europe, 1.4% from Oceania and the remaining 7.4% were born elsewhere.

3.2.4 Income

Nambucca has a broad income distribution; however the trend is towards the lower end of weekly incomes. In 2011 the median personal income was $377 per week compared to the State’s $561.

In 2011 the median family income in Nambucca LGA was $853 per week against the State’s $2,120.

3.2.5 Labour force participation

In 2011, 6,749 residents of Nambucca LGA were in the labour force. The unemployment rate for Nambucca LGA in 2011 was 10.7% compared with a State unemployment rate at that time of 5.9%.

The labour force participation rate (LFPR) for Nambucca LGA in 2011 was 44% compared with a NSW LFPR of 59.7%.

3.3 Dwelling and household characteristics

3.3.1 Overview

Future housing development in Nambucca LGA is likely to be of a type that is focused on urban and near urban locations, with significant growth within the coastal strip and near coastal locations.

Near urban or rural residential housing development is expected to remain a significant component of the housing mix, as will a likely trend towards multi-unit housing. However the demand for separate housing on urban residential lots is expected to remain the key housing choice.

3.3.2 Dwelling growth

Table 3 Dwelling Growth (2001-2011)

Dwelling Type

2001

2006

2011

% change 01-06

% change 06-11

Detached House

5 932

6 187

6553

4.2%

5.5%

Semi, row, terrace, etc

195

263

348

34.87%

24.4%

Flat, unit, apartment.

554

608

569

9.74%

-6.8%

Other Dwelling

Caravan, cabin, houseboat

446

463

239

3.8%

-93%

Improvised home, tent, sleep out

65.22%

-228%

House or flat attached to shop, offic

-17.94%

42%

Total Other Dwelling

493

518

302

5.07%

-71.5%

Dwelling structure not stated

-86.25%

Total Occupied Private Dwellings

7 254

7 587

7992

4.6%

The key trends over the period 2001 – 2011 as indicated in Table 2 are:

§ Over the 10 years 2001 – 2011 the total number of occupied dwellings in the Nambucca LGA increased by 9.6% or 738 dwellings.

§ Development of detached houses, flats, units and apartments has grown significantly in the period 2001-2011.

§ It is assumed that the decrease in units between 2006 and 2011 period is largely due to a change in data collection methods.

3.3.3 Dwelling type

In 2011 detached housing comprised 86% of the Nambucca LGA private occupied housing stock. Medium density type housing, semi-detached, units and apartments, made up 11.6% of the stock, and the remaining 2.4% other housing types.

From the data available the ratio of dwelling types across the LGA has remained stable over the period 2006-2011.

3.3.4 Tenure

In 2011 44.8% of Nambucca LGA dwellings were fully owned, with a further 24.4% being purchased. This compared with figures for New South Wales where overall 33.2% of dwellings were fully owned and a further 33.4% were being purchased.

In 2011 in the Nambucca LGA 26.6% of dwellings were subject to rental agreements compared to the State figure of 30.1% for the same period

3.3.5 Occupancy rates

Table 4 Occupancy rates (No. bedrooms per dwelling type: 2011 Census)

Number of bedrooms

Detached housing

1.3

1.6

2.4

Semi-detached, row or townhouse

1.0

1.5

2.0

Flat Unit or apartment

1.2

1.5

2.2

The household occupancy rate for the Nambucca LGA in 2011 was 2.3 persons compared with a State and national average of 2.6 persons. The average for persons per dwelling, based on the number of bedrooms, is detailed in Table 3 above.

3.3.6 Commenced residential dwellings

Table 5 Occupation certificates issued for residential dwellings 2006 – 2013

in Nambucca Shire

Year

2006

2007

2008

2009

2010

2011

2012

2013

Total

Number

127

121

653

Table 5 details the rate of occupation certificates issued for residential dwellings in the Nambucca LGA for the period 2006-2013. The total occupation certificates issued during that period equals 653 dwellings and represents 93 dwellings per year.

3.3.7 Summary of key trends

From analysis of available data provided through the Australian Bureau of Statistics (ABS) and other sources emerging trends in the demographics of the Nambucca LGA can be revealed which will assist in the planning and delivery of new community facilities and infrastructure to meet increased population demand.

Key characteristics of the Nambucca LGA are:

§ A higher than average unemployment rate coupled with a lower labour force participation rate.

§ A net decline in the age groups 0 – 44 years. The two age groups with the highest growth in the LGA are those in the 60 – 54 age group, and those aged over 85.

§ A low income population.

§ Low dwelling densities.

§ Lower than average occupancy rates for dwellings.

§ A high proportion of fully owned dwellings.

In common with other coastal LGAs Nambucca LGA is experiencing an ageing population however unlike other equivalent areas it is coupled with a declining birth rate and outward migration of persons aged 20-49 years. The ageing population has effects on the planning and provision of future facilities.

Ordinary Council Meeting - 14 January 2016

Developer Contributions Plan : Adoption of Final Local Roads and Traffic Infrastructure

PART C STRATEGY

5 INFRASTRUCTURE

5.1 Definition of local roads and traffic infrastructure

This plan covers local roads which are roads that are not administered by State or Federal Governments and are identified in the road hierarchy plan. The plan relates to the road infrastructure including the existing road pavement, bridges, road and intersection geometry, traffic signs and markings and where applicable, roadside hazards. The plan does not cover roads or infrastructure on roads which will not attract a measurable level of additional traffic generated by new development.

The Nambucca Shire comprises a network of roads which allow the safe, efficient and convenient movement of people and goods across and throughout the Shire.

Established urban areas are generally serviced by ‘off roads’ to the east and west of the Pacific Highway with direct access to the Highway through ‘at- grade’ intersections.

With the completion of the Pacific Highway Bypass, the existing Highway corridor will function as a local road connection for vehicles, cyclists and pedestrians. The process of ‘handover’ of the Old Pacific Highway from the Roads and Maritime Services (RMS) to Council should see development of a local road connection to a standard suitable for acceptance of anticipated growth in traffic for the life of this plan. Other local road connections however, while currently of acceptable standard, will require upgrade works to ensure the safe and efficient movement of traffic with the anticipated growth in residential, commercial and industrial development.

5.2 Existing provision and road hierarchy

Management of the road network must provide for the:

· safe and efficient access to property;

· free flow of vehicles and other modes of road transport;

· safe management of traffic movements;

· protection of roadside amenity; and

· support for sustainable land development.

A road hierarchy plan attempts to reflect the preferred movement of vehicles throughout the network and is used as a tool to assist in planning the interface between land use and the road system, and the appropriate linkage of roadways in the road system. The road hierarchy is a division of the road network into identifiable road classifications or types which reflect the functionality of the roads making up the network with each classification characterised by a number of criteria to differentiate it from other classifications.

For the purposes of this plan, a road hierarchy has been determined based on a criterion of increased traffic volumes resulting from new development. The road hierarchy plan (Figure 1) links new development traffic generators, service towns, industrial/commercial areas, schools and bus routes. The road hierarchy plan provides a means of defining each roadway in terms of its function such that appropriate objectives for that roadway can be set and the current road capability measured against appropriate design criteria.

5.3 Nexus and future demand

There exists a simple geographical nexus or link between the locations of anticipated new development and the need for the identified locations of the road network upgrade components.

Without an area wide traffic distribution model however it is not possible to assign specific traffic growth numbers to specific roads or road segments. The plan therefore relies on a general assumption that the total package of road network improvements is required to cater for increases in traffic from new development regardless of location on the road network.

Urban growth within the Shire to accommodate an increase of 4,700 persons by 2036 will increase the traffic load upon the road network shown on the road hierarchy map. Based on the figures in Section 3.3.6 in table 5, new residential development alone will generate an annual average increase of 930 vehicle trips per day on the road network with an annual average increase of approximately 80 vehicle trips in the peak hours. The roads within the hierarchy will be used for these trips associated with recreation pursuits, journeys to work, emergency access, journeys associated with shopping and commercial services and for education pursuits. The future population will expect a similar level service as provided by the current road network. To maintain this level of service, the road upgrade components outlined in the works schedule will need to be implemented.

5.4 Works Schedule

The works schedule has been developed through physical assessment of road widths, shoulder widths, sight distance constraints, intersection geometry and roadside hazard/clear zone issues on the roads identified in the road hierarchy plan. The Works Schedule also reflects analysis of recent RMS Crash Data, public transport routes and pedestrian and cyclist safety. Details of the traffic and transport factors used in determination of the works schedule and specific project details are included in the Appendix. Table 7 below provides a summary of the works schedule components.

Table 7 Works Schedule Summary

	Road Name		Location		Estimated Cost

1	Valla Beach Road	a	hwy to rail bridge		134,400
			hwy to rail bridge		42,000
		b	No.84 to 106		60,000
		c	No.82 to Thompson Road		84,000
			No.82 to Thompson Road		10,000
		d	Ocean View Drive to No.66		13,500

2	Mann Street	a	Bent St to Palmer St		129,600
					66,000
		b	Palmer St to No.78 (high level)		27,000
		c	East of Palmer St – both sides		50,400
					66,000
		d	east of West St		10,000
		e	east of Hyland Park Road		145,000
		f	Roundabout to Hyland Park Road		21,000

3	Old Coast Road	a	north of Mattick Road		32,000
					-
4	Wilsons Road	a	No.938 to No.957		40,000
		b	H H Mattick Bridge		66,000
		c	West of Wilsons bridge		1,003,000
					-
5	Rodeo Drive	a	west of Christine Close		150,000
		b	No.159-174		77,000
		c	South of No. 316		35,000
		d	South of No.174		35,000
		e	North of No.1-411		35,000
		f	South of Wirrimbi Drive		70,000
					-
6	Scotts Head Road	a	west of Cookies Lane		175,000
		b	west of Landy Drive		420,000
		c	under hwy bridge		70,000
		d	90 degree bend west of hwy		400,000
					-
7	Algomera Road	a	Algomera No.2 Bridge		188,000
		b	Algomera Road		210,000
					-
8	Eungai Creek Road	a	Little Tamban Road		51,000
		b	"		7,500
		c	Main Street		6,000
					-
9	Upper Warrell Creek Rd	a	east of Lovedays Bridge		80,000
		b	Lovedays Bridge		66,000
		c	nth of Corella Rd		140,000
		d	Peterkins Bridge		300,000

10	Town Centre Traffic	a	Whole Centre		437,600
					-
11	Newee Creek Road	1	Hopewood Cres to Soldier Settlers Rd		300,000
					-
12	Irvines Road	1	Newee Creek Rd to No. 208		780,000
					-
13	Gumma Road	a	Alongside Nambucca River		36,000
					-
14	Bald Hill Road	a	No.100 to end of road (No.153)		140,000
					-
					6,209,000
				Contingency 25%	1,552,250
				Cost of Plan	$21,380
				Total	7,782,630

While the Works Schedule represents road network improvements based on the general distribution of new development traffic across the whole network; the ideal timing for completion of each road upgrade project would be concurrent with completion of significant residential development with direct access to the subject road. This timing of development is difficult to predict as market trends and demand will change over time. Nevertheless, a priority listing of the Works Schedule has been developed based on an assessment of roads which would derive the greatest benefit from works at current conditions. These priorities should be reviewed regularly against development trends. Table 8 below provides the current works schedule priorities.

Table 8 Works Schedule Priority (Timing of works)

	Road Name		Priority		Total Estimated Cost

1	Valla Beach Road	2		0 – 10 years		343,900

2	Mann Street	2		0 – 10 years		515,000

3	Old Coast Road	2		10 years +		32,000

4	Wilsons Road	2		10 years +		1,109,000

5	Rodeo Drive	2		10 years +		402,000

6	Scotts Head Road	1		0 – 10 years		1,065,000

7	Algomera Road	2		10 years +		398,000

8	Eungai Creek Road	2		10 years +		64,500

9	Upper Warrell Creek Rd	2		0 – 10 years		586,000

10	Town Centre Traffic Calming	1-2		0-20 years		437,600

11	Newee Creek Road	2		0 – 10 years		300,000

12	Irvines Road	2		10 years +		780,000

13	Gumma Road	1		0 – 10 years		36,000

14	Bald Hill Road	2		0 – 10 years		140,000

A full description of the works schedule is included in the Appendix.

5.5 Apportionment

The population of the Shire is expected to grow at a mean annual average rate of 1.2% over the 20 year life of the plan. As the existing road network is sufficient to service the existing population, the works listed in the schedule are only required as a result of the new population expected over the next 20 years. Without this population growth and consequential increase in traffic volumes, the existing road network could meet community expectations; as stated above, the works listed are only generated as a result of the new population. On this basis the contribution is based on 100% of the cost of works required as a direct result of population growth; the only exception is the Town centre traffic calming works which are based on 20% of the cost of the works; the new population represents a 20% increase in the population projected to 2036.

5.6 Contribution catchments

This contribution plan comprises one (1) contribution catchment based on future urban growth. This catchment includes the whole Local Government Area. In accordance with the underlying principles of the section 94 legislation the contributions will be used to directly fund community infrastructure projects distributed across this collection catchment.

5.7 Contribution rate

The contribution rate is calculated as follows:

Formula

Contribution per Person ($) = TC x RA

Where:

TC = total cost of new works minus value of previously collected contributions

RA = the proportion of total cost to be attributed to new development

RP = the increase in Shire residential

Contribution per person = $7,782,630 (TC) x 100%(RA) = $1,655.88

4,700 (RP)

Summary of contributions (All Residential)

Number Bedrooms

Rate ($) per Person

New Lot

Occupancy Rate

1.3

1.6

2.4

Community Infrastructure

$1655.88

$2152.64

$2649.41

$3974.11

References

Census Data 1996; 2001; 2006; 2011 Australian Bureau of Statistics, Canberra

Community Facilities and Public Open Space Needs Strategy, Suter Planning, South Australia, 2015

Mid North Coast Regional Strategy, Department of Planning, New South Wales. 2006

Nambucca Shire Cycleway Plan (DRAFT). Nambucca Shire Council, New South Wales. 2010

Macksville Town Centre Revitalisation Plan 2013; Nambucca Shire Council

Ordinary Council Meeting - 14 January 2016

Developer Contributions Plan : Adoption of Final Local Roads and Traffic Infrastructure

Appendix – Works Schedule

Introduction

This Nambucca Heads Shire Local Roads Developer Contributions Plan traffic and transport assessment determines the impacts of future development on the existing transport network and identifies works or management measures to ensure compliance with Council and Roads and Maritime Services (RMS) traffic and transport policy and guidelines.

The traffic and transport assessment includes;

· Site Analysis

· Assessment of relevant RMS and Council traffic data

· Assessment of existing transport network

· Impact of traffic and generation on surrounding transport network

· Mitigation and management measures

Site analysis

Following meetings with Council Officers residential growth areas were highlighted in relation to the existing road network. Preliminary site inspections were carried out at key growth areas and a draft road hierarchy prepared which determined the road network connections requiring further analysis.

A key factor in the ongoing development of the Nambucca Shire road network is the forthcoming completion of the Pacific Highway Bypass and the corresponding handover to Council of the existing Pacific Highway to function as a local collector road. The preliminary site analysis included inspection of existing Pacific Highway intersections with a view to determining any likely issues relating to future development traffic generation.

The final Nambucca Shire Local Roads Developer Contributions Plan road hierarchy plan was adopted following further consultation with Council and Public Transport operators.

RMS and Council traffic data

Crash history data on the roads likely to be affected by future development was obtained from the RMS. Summary analysis of the crash data showed the majority of crashes to be RUM 80’s run-off road crashes. A summary of the crash data is included in Table 1.

Table 1 RMS crash data summary 2010 - 2014

Road Location	Crash Data
Valla Beach Road	No crash record.
Old Coast Road east of Link Road / Mann Street.	3 rear end crashes westbound.
Mann Street at Reservoir bends	2 run off road crashes west bound.
Old Coast Road/Wirrimba Road intersection.	1 run off road crash south bound.
Wirrimba Road to Rodeo Drive.	7 run off road crashes all east bound.
Wirrimba Road / Rodeo Drive intersection.	1 head on crash.
Rodeo Drive south.	1 run off road at rail bend south bound. 1 run off road at Ferry St bend west bound..
Wilson Road from Nambucca.	Cluster of 3 run off road at creek bend.
Wilson Road.	4 run off road crashes right hand bends
Rodeo Drive from Bowraville.	2 run off road crashes on bend west of Valla Road.
Rodeo Drive.	2 run off road crashes on straight.
Rodeo Drive.	Run off road fatality west of Irvines Road.
Upper Warrell Road.	1 run off road crash west of rail.
Upper Warrell Creek Road.	2 crashes.
Scotts Head Road.	Right angle bend one head on one off road crashes.
Scotts Head Road.	Various run off road and head on crashes. Cluster of 3 west of Clayholes Road.
Scotts Head Road.	Various run off road and head on crashes. Cluster of 5 on two bends east of Clayholes Road.

The crash data was used to prioritise road inspections and infrastructure assessment for the development of the Local Roads Developer Contributions Plan works schedule.

Assessment of existing transport network

Using information provided by Council and following site inspection of the road network, a desk top assessment of existing traffic volumes, new development traffic generation and Levels of Service was carried out.

As the majority of roads likely to receive increased traffic volumes are classified rural or rural residential roads it was determined that traffic levels of service would not be critical in determining impacts of traffic generation from new development.

The existing transport network assessment therefore focused on road crash trends and any deficiencies in the road formation which required upgrading including pavement condition, footpaths and drainage. This included assessment of roads affected by flooding and bank erosion.

Local bus companies were also consulted on any deficiencies in the road network which limited their ability to service population growth.

Impact of traffic on surrounding transport network

The estimated traffic generated by future development was determined in accordance with RMS Guide to Traffic Generating Developments and distributed onto the existing road network to determine future traffic conditions. For the purposes of this plan, a road hierarchy was determined based on a criterion of measurable increased traffic volumes resulting from the new development.

The road hierarchy plan provides a means of defining each roadway in terms of its function such that appropriate objectives for that roadway can be set and the current road capability measured against appropriate design criteria. Assessment of the existing road network condition was carried out against Auspec design standards and the Austroads Guide to Traffic Management series.

Mitigation and management measures

Mitigation and management measures for any traffic and transport impacts on the road hierarchy due to new development were developed through physical assessment of road widths, shoulder widths, sight distance constraints, intersection geometry and roadside hazard/clear zone issues on the roads identified in the road hierarchy plan. The proposed measures also reflect analysis of recent RMS Crash Data, public transport routes and pedestrian and cyclist safety.

Detailed descriptions of the proposed mitigation measures recommended for inclusion in the Developer Contributions Plan are documented in the following tables. A summary of the proposed mitigation measures and cost estimates for the works were developed into the Draft Local Roads Developer Contributions Plan Works Schedule.

Traffic management works identified in the Macksville Town Centre Revitalisation Plan have been included with costs proportional to the overall increase in population resulting from new development. The Macksville Town Centre Revitalisation Plan identifies the need for works to cater for existing and future population; particularly in relation to traffic calming, thus providing nexus to the contributions plan.

Cost estimates for the proposed mitigation works were be prepared using Council unit rate data, and IPART Local infrastructure benchmark costs.

Further consultation with Council on the scope and priority of the proposed works resulted in incorporation of the final Works Schedule into the Contributions Plan.

Road	Site No.1A Valla Beach Road, Valla
Location	Hwy to Rail Bridge
Issues	Kerb, gutter & footpath ends at railbridge. Kerb & gutter is required to support the pavement edge and control drainage. The existing footpath runs along the northern side of Valla Beach Road but terminates at the railbridge.
Treatment	Construct kerb & gutter both sides of road plus footpath on the northern side from the railbridge to the existing hwy including kerb returns.
Cost	Kerb and gutter 280m x 2 x $240/m $134,400 Footpath 280m x $150/m $42,000
Description

Road	Site No.1B Valla Beach Road, Valla
Location	No.84 to No.106 – sth side
Issues	Missing section of kerb, gutter on the southern side of Valla Beach Road. Kerb & gutter is required to support the pavement edge and control drainage.
Treatment	Construct 200m of roll kerb & gutter on the southern side of the road from No.84 to No.106. Some shoulder work will be required to achieve a 9m wide pavement.
Cost	Kerb and gutter and shoulders 200m x $300/m $60,000
Description

Road	Site No.1C Valla Beach Road, Valla
Location	No.82 to Thompsons Road – sth side
Issues	Missing section of concrete footpath on the southern side of Valla Beach Road. Footpath is required to provide safe pedestrian access and will service the bus stop and shelter.
Treatment	Construct 350m of concrete footpath on the southern side of the road from No.82 to Thompsons Road. Shoulder widening, retaining wall and handrail will be required.
Cost	Footpath 350m x $240/m $84,000 Bus bay 1 x $10,000 $10,000
Description

Road	Site No.1D Valla Beach Road, Valla
Location	Ocean View Road to No.66 – sth side
Issues	Missing section of footpath on the southern side of Valla Beach Road.
Treatment	Construct 200m of concrete footpath
Cost	Kerb and gutter and shoulders 90m x $150/m $13,500
Description	*$Description: H:\VallaD.jpg$*

Road	Site No.2A Mann St, Nambucca Heads
Location	Bent St to Palmer St - both sides
Issues	Missing section of kerb and gutter both sides. Guard rail required on southern side for traffic safety.
Treatment	Construct 300m of kerb & gutter on both sides of the road. Guard rail required on southern side.
Cost	Kerb & gutter 540m x $240/m $129,600 Guard rail 150m x $440/m $66,000
Description

Road	Site No.2B Mann St, Nambucca Heads
Location	Palmer St to No.78 – nth side
Issues	Missing section of footpath
Treatment	Construct 180m of concrete footpath on north side of high level access.
Cost	Concrete footpath 180m x $150/m $27,000
Description

Road	Site No.2C Mann St, Nambucca Heads
Location	East of Palmer St - both sides
Issues	Missing section of kerb and gutter. Guard rail required on southern side for traffic safety.
Treatment	Construct 200m of kerb & gutter on south side of the road. Guard rail required on southern side.
Cost	Kerb & gutter 210m x $240/m $50,400 Guard rail 150m x $440/m $66,000
Description

Road	Site No.2D Mann St, Nambucca Heads
Location	East of West St - sth side
Issues	Unformed bus bay
Treatment	Construct bus bay.
Cost	Pavement construction 125m2 x $80/m2 $10,000
Description

Road	Site No.2E Mann St, Nambucca Heads
Location	East of Hyland Park Road - nth side
Issues	Narrow section of road at intersection.
Treatment	Widen road and construct new kerb, gutter and footpath.
Cost	Pavement widening, kerb, gutter footpath 290m x $500/m $145,000

Version	Adopted	Commenced	Notes

1	39333/2015 - Indian Myna Control Project - Annual Report 2014-2015
2	39334/2015 - Database relating to Indian Myna Control Project Annual Report 2014-2015
3	39335/2015 - Resources used - Indian Myna Control Project - Annual Report 2014-2015

1	510/2016 - OLG Instrument of Delegation - LG Merger Proposals
2	589/2016 - Details of Appointed Delegates - Council Boundary Review

Certification