Agenda of Ordinary Council Meeting

NAMBUCCA

SHIRE COUNCIL

Ordinary Council Meeting

AGENDA ITEMS

17 March 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:

Nambucca Shire Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values. Accordingly 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.

In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum. In particular the Council has to provide procedural fairness and consider all relevant information. Generally this cannot be done with matters which have come direct to Council via the public forum. So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.

In the public forum 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 - 17 March 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.

TIME	DESCRIPTION	WHERE
2.45 pm Leave for 53 Old Coast Road (Linder) 3.10 pm Leave	ITEM 12.2 Breeding at 83 Old Coast Road, North Macksville	Onsite
3.15 pm Arrive 83 Old Coast Road (Kennedy) 3.40 Leave	ITEM 12.2 Breeding at 83 Old Coast Road, North Macksville	Onsite
3.45 pm Arrive Cnr Old Coast Road & Florence Wilmont Drive 4.30 pm Leave for Missabotti Hall	ITEM 9.12 Modification to Development Consent DA2014/198	Onsite

AMENDED AGENDA Page

1 APOLOGIES

2 PRAYER

3 DISCLOSURE OF INTEREST

4 CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 25 February 2016................................................................................ 7

5 NOTICES OF MOTION

5.1 Notice of Motion - Request for Leave Mayor, Cr Rhonda Hoban (SF346)........................... 16

5.2 Notice of Motion - Australian Fire Service Medal - Darryl Lang AFSM (SF823).................... 17

6 PUBLIC FORUM and DELEGATIONS

i) Mr Adrian Weir - Thank you to Council

ii) Mrs Jenni Andren - Bowraville/Bellingen Road access to property

iii) Mr Stuart Simshauser - Telstra Reception & Bellingen Road

iv) Mr Bruce Wilson – Bellingen Road

9.7 Visitor Information Centre................................................................................................ 45

Mr David Banks—On behalf of the Nambucca Valley Tourist Association

7 ASKING OF QUESTIONS WITH NOTICE

8 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9 General Manager Report

9.1 Outstanding Actions and Reports.................................................................................... 18

9.2 Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands.............. 24

9.3 Extension of Existing Contract for Waste Collection Service............................................. 29

9.4 Community Housing Limited -v- Clarence Valley Council & Others..................................... 33

9.5 Nambucca Valley Netball Association - Request to Waive $1,300 Invoice for the Supply and Planting of Trees............................................................................................................................. 39

9.6 Preparation of Development Control Plan for Valla Growth Area....................................... 42

9.7 Visitor Information Centre—DELEGATION ...................................................................... 45

9.8 Nambucca River Jockey Club licence D540002 Racecourse Proper................................... 72

9.9 Draft North Coast Regional Growth Plan and Lower Nambucca......................................... 74

9.10 Boating Now - Gordon Park and Review of the Nambucca River Masterplan...................... 78

9.11 Outstanding DAs greater than 12 months OR where submissions received –

18 February - 8 March 2016............................................................................................. 93

9.12 Modification to Development Consent DA2014/198.......................................................... 96

9.13 Council Ranger's Report February 2016.......................................................................... 203

9.14 2016 February - Received Development Applications Received and Complying Development Applications ................................................................................................................ 207

9.15 2016 February - Approved Construction Certificates and Complying Development Certificates 210

10 Assistant General Manager Corporate Services Report

10.1 Investment Report To 29 February 2016 ........................................................................ 214

10.2 Schedule of Council Public Meetings............................................................................. 219

10.3 Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 14 November 2015............................................................................................................ 220

11 Assistant General Manager Engineering Services Report

11.1 Funding for Natural Disaster Flood Event April/May 2015................................................ 227

11.2 Temporary Road Closure - Short Street Scotts Head - Scotts Head Food Wine Music & Art Festival - 17 April 2016 .................................................................................................................... 232

11.3 Second acquisition of Crown land for easement and road purposes on Wallace Street and Upper Warrell Creek Road Macksville....................................................................................... 242

11.4 Recission of Council resolutions relating to reports dated 2 December 2010 and 14 August 2013.................................................................................................................................... 251

11.5 Request for funding - Pavement Rehabilitation Works North Arm Road............................ 254

11.6 Report to Council - Minutes - Vehicular Access to Beaches Committee - 12 February 2016 257

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

12.1 Kelli Leckie - Notice of Proposed Legal Action Against Council and Crown Lands

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

12.2 Dog Breeding at 83 Old Coast Road, North Macksville

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) (e) (g) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law; AND the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

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

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 25 February 2016

The following document is the minutes of the Ordinary Council meeting held 25 February 2016. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 17 March 2016 and therefore subject to change. Please refer to the minutes of 17 March 2016 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Paula Flack	Cr Brian Finlayson
Cr Bob Morrison	Cr Kim MacDonald
Cr Elaine South

ALSO PRESENT

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

APOLOGIES

Cr Smyth and Cr Ballangarry

PRAYER

Father Shelwin from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor B Morrison declared a non-pecuniary less significant conflict of interest in Item 9.7 Public Waterfront Structure under the Local Government Act as Cr Morrison is a member of the Nambucca Heads Lions Club; he has no connection with the Committee or any decision making positions.

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.11 Proposed Telecommunications Facility under the Local Government Act as Cr Ainsworth states that two submissions suggest locating the tower on the “nearby cleared banana hill” land either owned by himself or adjacent to his land. Cr Ainsworth left the meeting for this item.

Councillor K MacDonald declared a pecuniary interest in Item 9.12 Modification to Development Consent DA2014/198 under the Local Government Act as Cr MacDonald’s sister has properties that could potentially be effected with regard to value/amenity based on the decision. Cr MacDonald left the meeting for this item.

The General Manager, Michael Coulter, declared a pecuniary interest in Item 11.1 General Manager Total Remuneration Package for Contract commencing 1 April 2016 under the Local Government Act as the report concerns his employment and remuneration. Mr Coulter left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 February 2016

82/16 RESOLVED: (Flack/MacDonald)

That the minutes of the Ordinary Council Meeting of 11 February 2016 be confirmed subject to the following amendment:

Page 11 Item 10.2 should read: Cr Flack left the meeting for this Item at 8.25 pm and returned after the conclusion of the Item at 8.31 pm.

ITEM 5.1 SF2183 250216 Notice of Motion - Request for Leave - Cr Morrison (SF1788)

83/16 RESOLVED: (Morrison/Ainsworth)

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 21 March 2016 to 8 April 2016 inclusive.

DELEGATIONS

RECOMMENDATION:

That the following delegations be heard:

9.6 Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands

i) Ms Kelli Leckie

9.11 Proposed Telecommunications Facility-

......... i) Mr Tony Lewis—Objector (represented by Kerry Grace)

......... ii) Ms Paula Fuller—Objector

iii) Mr Stuart Melville—Representative from NBN

9.12 Modification to Development Consent DA2014/198

i) Mr Peter O’Neill—Objector

ii) Ms Sandra Edmonds—Objector

9.17 Result Of Exhibition For DCP Service Centre 5 Boggy Creek Road Valla

i) Mrs Jean Robinson – Objector

DELEGATIONS continued

Mrs Kelli Leckie addressed Council on Item 9.6.

ITEM 9.6 LF4225 250216 Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands

Motion: (Flack/MacDonald)

That Kelli Leckie be advised as follows:

1 That Council will confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and will implement whatever drainage measures they consider reasonable and practicable to alleviate water logging.

2 That it be suggested to Mrs Leckie that she arrange a similar investigation and any necessary work in relation to the drainage from her own property.

3 That Council will not be attending to the “rectification/stability works on the land in front of (my) the property adjoining Gordon Park namely installation of retaining walls and removal of rubbish” as it believes it has no liability for the failed retaining wall.

4 That Council will not be paying $100,000 compensation for the alleged property damage as it believes it has no liability for the alleged damage.

5 That Council will also be seeking an order for costs should it be successful in defending any claims.

Amendment: (Morrison/Ainsworth)

1 That the matter be deferred until the documents referred to in 2 and 3 have been distributed to Council.

2 That Council check their records and obtain a copy of the letter from Spark and Helmore from the late 1990’s concerning Council’s liability and a copy be provided to all Councillors.

3 That the report by Douglas and Partners be distributed to Councillors.

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

84/16 Resolved: (Morrison/Ainsworth)

1 That the matter be deferred until the documents referred to in 2 and 3 have been distributed to Council.

2 That Council check their records and obtain a copy of the letter from Spark and Helmore from the late 1990’s concerning Council’s liability and a copy be provided to all Councillors.

3 That the report by Douglas and Partners be distributed to Councillors.

DELEGATIONS continued

Cr Ainsworth left the meeting at 5.58 pm and returned after the conclusion of the item at 6.06 pm.

ITEM 9.11 DA2015/195 250216 Proposed Telecommunications Facility

85/16 Resolved: (Finlayson/MacDonald)

That this matter be deferred to the Council meeting on 31 March 2016.

For the motion: Councillors Hoban, South, MacDonald, Finlayson and Flack (Total 5)

Against the motion: Councillor Morrison (Total 1)

DELEGATIONS continued

Cr MacDonald left the meeting for this Item at 6.08 pm and returned at the conclusion of the Item at 6.40 pm.

Mr Peter O’Neill—Objector - addressed Council on Item 9.12

Ms Sandra Edmonds—Objector - addressed Council on Item 9.12

ITEM 9.12 DA2014/198 250216 Modification to Development Consent DA2014/198

Motion: (Flack/Finlayson)

That this item be deferred to a meeting in March to enable an onsite inspection of the site and consideration of concerns raised in the submissions received.

Amendment: (Hoban/Ainsworth)

That this item be deferred to a meeting in March to enable an onsite inspection of the site and consideration of concerns raised in the submissions received.

That prior to determining this matter Council receive a report on the bushfire implications for both Kingsworth Estate and Old Coast Road residents pending the closure of the Old Coast Road as a through road. Further, that Mr Chris Clark from the RMS be invited to attend this meeting.

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

86/16 Resolved: (Hoban/Ainsworth)

1 That this item be deferred to a meeting in March to enable an onsite inspection of the site and consideration of concerns raised in the submissions received.

2 That prior to determining this matter Council receive a report on the bushfire implications for both Kingsworth Estate and Old Coast Road residents pending the closure of the Old Coast Road as a through road. Further, that Mr Chris Clark from the RMS be invited to attend this meeting.

DELEGATIONS continued

Mrs Jean Robinson – Objector – addressed Council on Item 9.17 and provided a prepared statement which is on File SF2156.

ITEM 9.17 SF2156 250216 Result Of Exhibition For DCP Service Centre 5 Boggy Creek Road Valla

87/16 RESOLVED: (Finlayson/Ainsworth)

1 That Council adopt the DCP for 5 Boggy Creek Road.

2 That Council advertise the adoption of the Nambucca DCP 2010 in accordance with the Environmental Planning and Assessment Regulation 2000 and specify that the Nambucca DCP 2010 will commence upon gazettal.

4 That Council notify all persons who made a submission to the draft Nambucca DCP 2010 and advise that the Nambucca DCP 2010 was adopted by Council subject to the amendments identified in 1 above.

For the Motion: Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, Flack and Morrison

(Total 7)

Against the Motion: Nil

ASKING OF QUESTIONS WITH NOTICE

There are no questions with notice.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

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

General Manager Report

ITEM 9.1 SF959 250216 Outstanding Actions and Reports

88/16 RESOLVED: (Flack/MacDonald)

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

ITEM 9.2 SF1327 250216 Proposed Placement of Low Powered FM Broadcasting Antenna at the Valla Beach Tennis Club

89/16 RESOLVED: (Finlayson/South)

1 That Council endorse in principle the proposed placement of a low powered FM broadcasting facility at the Valla Beach Tennis Club subject to checks being made in relation to the appropriate rental and Radio 4GG Gold Coast Pty Ltd entering into an appropriate lease or licence.

2 That the Valla Beach Tennis Club be remitted all rent for the facility.

3 That Council’s seal be attached to any lease or licence if required.

Note: Cr Flack requested her vote be recorded against the resolution as there has been no consultation with the Valla Beach community.

ITEM 9.3 SF842 250216 Council Representatives on Committees of Management - 2016

90/16 RESOLVED: (Ainsworth/MacDonald)

That Council note the roster for attendance at the Annual General Meetings for Section 355 Committees for 2016.

ITEM 9.4 SF2211 250216 2016 Customer Satisfaction Survey

91/16 RESOLVED: (Ainsworth/Finlayson)

That Council endorse the proposed questions for the 2016 Community Satisfaction Survey subject to the proposed minor change to question 25 and the deletion of question 26.

ITEM 9.5 SF665 250216 Approval to take a Dividend from the Surplus in the Water Fund

92/16 RESOLVED: (Ainsworth/Morrison)

That Council note the approval to take a dividend of $180,522 from the surplus of Council’s water supply business to its general revenue.

Item 9.6 was dealt with under Delegations.

ITEM 9.7 SF849 250216 Public Waterfront Structure - Licence No 407880

93/16 RESOLVED: (Ainsworth/Finlayson)

1 That Council provide written consent from the Council managed Reserve Trust to Crown Lands for the licence for ANZAC Park Jetty to be included on the licence known as (Li407880).

2 That Council approve, as the Crown Land Trust Manager, the signing of the licence and the application of Council’s seal as required.

Note: Cr Flack requested her vote be recorded again this item for the following reasons: i) the Jetty is not identified in Nambucca Heads Master Plan; ii) it is public land and there has been no public consultation; iii) no plans have provided to Councillors.

ITEM 9.8 DA2012/011 250216 Modification DA2012/011 Nambucca Gardens Estate
Lot 2 DP 1119830 Alexandra Drive Nambucca Heads

94/16 RESOLVED: (Finlayson/Flack)

That the matter be deferred to the second Council meeting in March (31 March) 2016.

ITEM 9.9 SF544 250216 Bellwood Local Roads and Traffic Infrastructure Development Contribution Plan 2009 - withdrawal

95/16 ReSOLVED: (Finlayson/Flack)

That the matter be deferred to the second Council meeting in March (31 March) 2016.

ITEM 9.10 DA2015/099 250216 Use of Public Reserve as Asset Protection Zone for Proposed Development

96/16 RESOLVED: (Finlayson/Flack)

That the matter be deferred to the second Council meeting in March (31 March) 2016.

Item 9.11 was dealt with under Delegations.

Item 9.12 was dealt with under Delegations.

Item 9.13 (Dawkins Park Improvements) was DEFERRED TO 17 MARCH 2016 MEETING

ITEM 9.14 SF766 250216 Royal Far West Shared Community Teletrial

97/16 RESOLVED: (Flack/Ainsworth)

1 That the opportunity for Council to directly participate in the Connected Community Trial Project's local working party be noted, with interested Councillors nominating if they wish to participate.

2 That Council make a one-off financial contribution of $1,000 to the joint community funding pool for the Shared Community Trial.

ITEM 9.15 SF2173 250216 Outstanding DAs greater than 12 months OR where submissions received - 4 February - 17 February 2016

98/16 RESOLVED: (Finlayson/MacDonald)

That the information be noted by Council.

ITEM 9.16 SF1031 250216 Review of Donations Policy

99/16 RESOLVED: (Ainsworth/Finlayson)

1 That Councillors provide any comments on the reviewed policy within 14 days, after which time it will be reported back to Council, for adoption, with any comments/submissions taken into consideration.

2 That, if the reviewed Policy - “Donations Policy” - is adopted by Council, Council’s current Policy titled “Donations Policy” be updated at that time.

Item 9.17 was dealt with under Delegations.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF1974 250216 Nambucca Shire Council - Asset Management Audit Preparedness Assessment

100/16 RESOLVED: (Flack/Ainsworth)

That Council receive the Auditor’s report on Nambucca Shire Council’s Asset Management Audit Preparedness Assessment.

ITEM 10.2 SF2127 250216 December 2015 Budget Review

101/16 RESOLVED: (Ainsworth/Finlayson)

1 That the budget review for the quarter ended 31 December, 2015 be received.

2 That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2015/2016.

ITEM 10.3 SF395 250216 2015/16 Borrowing Program

102/16 RESOLVED: (Finlayson/MacDonald)

1 Council approve new borrowings of $1,500,000 for Infrastructure Works ($1,000,000 Bridges and $500,000 Roads) as provided for in the 2015-16 Operational Plan.

2 That Council approves the execution of a Loan Agreement between Nambucca Shire Council and New South Wales Treasury Corporation.

3 The approved terms of the loan are Credit Foncier Loan for $1,500,000, for a 20 year term with a fixed interest rate and biannual repayments.

4 The General Manager accept NSW Treasury Corporation’s interest rate and execute drawdown.

5 Council authorise the Mayor and/or the General Manager to execute the Loan Agreement.

6 That in the event NSW Treasury Corporation requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement.

ITEM 10.4 SF251 250216 Schedule of Council Public Meetings

103/16 RESOLVED: (Ainsworth/Flack)

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

ITEM 10.5 SF342 250216 Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 1 February 2016

104/16 RESOLVED: (MacDonald/Finlayson)

That Council endorse the Valla Beach Tennis Courts Committee of Management’s minutes of the Annual General Meeting held on 1 February 2016 and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.6 SF1897 250216 Scotts Head Events Committee of Management AGM - 7 October 2015 - Minutes and Financial Statement

105/16 RESOLVED: (Ainsworth/Finlayson)

That Council endorse minutes for the Scotts Head Events Committee of Management’s Annual General Meeting held on 7 October 2015.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

106/16 Resolved: (Ainsworth/MacDonald)

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.

Reason reports are in Closed Meeting:

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1 SF2182 250216 General Manager Total Remuneration Package for Contract commencing 1 April 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.

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.15 pm.

RESUME IN OPEN MEETING

107/16 RESOLVED: (Ainsworth/MacDonald)

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 11.1 SF2182 250216 General Manager Total Remuneration Package for Contract commencing 1 April 2016

108/16 RESOLVED: (MacDonald/Finlayson)

That the value of the total remuneration package for the General Manager’s contract commencing 1 April 2016 be $227,510.

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 17 March 2016.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

Ordinary Council Meeting 17 March 2016

General Manager

ITEM 9.1 SF959 170316 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			The draft Floodplain Risk Management Plan has been circulated to Councillors and the Estuary Committee. Council has received a preliminary draft of the flood Risk Management Study and Plan which is presently being reviewed. The report will be distributed to Council and the Nambucca Rivers Creeks and Coastline Management Committee after this review is complete. Council staff are still in the process of reviewing the draft document.
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			The project is awaiting the completion of the floodplain risk management matrix. Council has received a preliminary draft of the flood Risk Management Study and Plan which is presently being reviewed. The report will be distributed to Council and the Nambucca Rivers Creeks and Coastline Management Committee after this review is complete. Council staff are still in the process of reviewing the draft document
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.
DECEMBER 2013
4	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
5	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. Council has been advised that its funding application was unsuccessful.
SEPTEMBER 2014
6	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. A question is now to be included in the community survey to be undertaken in March 2016.
DECEMBER 2014
7	~~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. DA for highway service centre currently on exhibition. The plans show a “Council Area” of about 70m2. The matter is being brought to the attention of Nambucca Valley Tourism as a final decision needs to be made on what, if any, tourism marketing will be conducted at the Centre.
MARCH 2015
8	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. The early estimates of annual depreciation for the northern section of the Pacific Hwy (Nambucca Heads to Oyster Creek) assets are proposed to be transferred is approximately $1million per annum.
APRIL 2015
9	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
10	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
11	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
12	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 2015. Response received from Minister and report to a meeting in March 2016.
SEPTEMBER 2015
13	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 April 2016 Consultants engaged. RMS reviewing data supply. Still being assessed; report not complete; briefing now scheduled for April 2016.
OCTOBER 2014
14	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
15	DA2015/ 191	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 29/10/15). Letter sent.10 February 2016. The number of cats was reduced to an acceptable number but an inspection in January indicated that breeding cages were being used. A notice of intention to serve an order will be served.
16	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. A letter has been sent requiring the lodgement of a DA for the continued use of the container.
NOVEMBER 2015
17	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
18	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 Response received from LGNSW supporting Council’s representations and indicating they will also lobby in relation to the issue.
19	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
20	SF1855	26/11/15		That Council receive a report regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.		GM	Report late 2017
JANUARY 2016
21	~~LF13~~	~~14/1/16~~		Council note the presentation by Mr Scott Kennedy & Ms Belinda White and that a further report be provided to Council in relation to the matter, and particularly concerning the number of dogs which should be allowed to be kept at the property.		GM	~~Report either 28 January 2016 or the first Council meeting in February.~~ ~~An inspection is being organised prior to Council’s meeting on 25 February 2016.~~ ~~Inspection deferred due to another DA inspection. Scheduled for 31 March 2016.~~
22	SF102	14/1/16		That the Engineering staff consider and report on an overall plan for the parking of bicycles.		AGMES	Report to meeting in April 2016 Report to be presented to the March 2016 Council meeting.
23	SF996	28/1/16		Council review its Compliance, Enforcement and Prosecution Policy based on the NSW Ombudsman 2015 Enforcement Guidelines for Councils		GM	Report March 2016
FEBRUARY 2016
24	SF2183	11/2/16		That the Notice of Motion concerning climate change be deferred to the first Council meeting in April 2016.		GM	List for Council meeting on 14 April 2016
25	SF848	11/2/16		That the customer’s progress in reducing the outstanding balance on their water account be reviewed in July 2016 in a report to Council.		AGMCS	List for a meeting in July 2016
26	~~LF4225~~	~~25/2/16~~		Kelli Leckie – Notice of Proposed Legal action against Council and Crown Lands – that the matter be deferred until documents being a letter from Sparke and Helmore and the report by Douglas & Partners have been distributed to Councillors.		GM	~~Listed for meeting on 17 March 2016~~
27	DA2015/195	25/2/16		Proposed NBN Tower – Gumma – deferred to 31 March 2016.		GM	Report to 31 March 2016
28	~~DA2014/198~~	~~25/2/16~~		~~Modification to development consent - to connect Old Coast Road to Florence Wilmont Drive.~~		GM
29	DA2012/11	25/2/16		Modification to development consent – reconstruction of Alexandra Drive – deferred to 31 March 2016		GM	Report to 31 March 2016
30	SF544	25/2/16		Bellwood Local Roads and Traffic Infrastructure DCP – deferred to 31 March 2016		GM	Report to 31 March 2016
31	DA2015/099	25/2/16		Use of Public Reserve as Asset Protection Zone for Proposed Development – deferred to 31 March 2016		GM	Report to 31 March 2016

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 17 March 2016

General Manager

ITEM 9.2 LF4225 170316 Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

A summary is not required.

Recommendation:

That Council determine its position.

OPTIONS:

Council could agree to Ms Leckie’s claims being to install appropriate drainage in Nelson Street; install retaining walls and remove rubbish and pay compensation estimated at $100,000.

Council could seek legal advice.

Council could seek to participate in mediation. To achieve an outcome through mediation one or more Councillors should be provided with delegated authority to enter into arrangements which are binding on the Council.

Council could respond and act as per the previous recommendation to Council’s meeting on 25 February 2016 being points 1 to 5 or it may elect to adopt only some of the points.

The Council could agree to support the sale of the 290m2 of Gordon Park to Mr & Mrs Leckie as originally requested. Reconsideration of the matter should come forward via a rescission motion of Council’s resolution of 11 February 2016.

DISCUSSION:

Council has received the attached letter in relation to proposed litigation against Council.

At Council’s meeting on 25 February 2016 it was resolved as follows:

“1. That the matter be deferred until the documents referred to in 2 and 3 have been distributed to Councillors.

2. That Council check their records and obtain a copy of the letter from Sparke and Helmore Lawyers from the late 1990’s concerning Council’s liability and a copy be provided to all Councillors.

3. That the report by Douglas and Partners be distributed to Councillors.”

The advice/letters Council received from Sparke and Helmore Lawyers have been located and are reported in Closed Meeting as they contain advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The report by Douglas Partners is in two volumes, the first being a Stage 1 report from October 2003 and titled “Report on Natural Disaster Risk Management Study – Nambucca Coastal Strip Stage 1: Slope Stability Hazard Identification.” It is approximately 200 pages in length and contains many A3 folded site identification maps and coloured photographs. Councillors are welcome to view the report which is retained by Council’s Engineering Designer in a small library of reference books. A 117MB digital copy of the report has now been obtained and placed into trim, document no. 7089/2016. It is proposed that the report be distributed to Councillors via the Dashboard (business paper) software.

The Stage 1 report comprises mapping of potential slope stability hazards for Nambucca Heads, Scotts Head and Valla Beach and analysis of that data to produce slope stability hazard maps. The identification of hazards was based on geomorphology, geology and visual inspection. No subsurface investigation was undertaken. The risk assessment of the hazards identified was generally a qualitative analysis.

The report made observations in relation to 29 sites at Scotts Head, 108 sites in Nambucca Heads and 22 sites in Valla Beach.

In relation to the Leckie property at 2 Nelson Street and the adjoining steep embankment, the pertinent findings of the Douglas Partners report in relation to the matter were last referenced in a report to Council on 12 March 2015. But they were also referenced in the original report to Council concerning the matter on 25 October 2012.

The relevant provisions from the report are as follows:

Site Reference	Location	Observed Features	Observed Instability	Comments
NH44	Cliff at east end Nelson St	Nelson St terminates at crest of 10m cliff. To south motel car park at crest with 1m high retaining wall. To north house, deck and retaining wall at crest. Cracking at SE corner of house consistent with creep. Retaining wall leans downslope at 20 degrees to vertical.	Minor movement	Large trees at crest and batter and vegetation critical to stability.

The report contains coloured photographs of the retaining wall and the cracking.

There is also an A3 table concerning the site which has the following assessment of the hazard, the consequences of the hazard and the risk treatment options:

Hazard Description	Slip on property north of Nelson Street, effecting part of house and retaining walls (NH44)
Existing or Potential	Existing – Creep Potential – Slip
Classification	Creep Slip
Likely initiating circumstances	Rain Vegetation removal
Elements at Risk	Wall & south east corner of house and retaining wall
Consequences for Property	Medium (for house) Major (for retaining wall)
Perceived Risk to Life	Unlikely unless house collapsed
Currently Assessed Likelihood	Likely to almost certain (for house) possible (for retaining wall)
Risk Evaluation for Property	High for house Medium for retaining wall
Risk Treatment Options	Maintain vegetation and monitor Emergency stabilisation if necessary Large scale stabilisation of cliff face Set back structures from cliff on redevelopment
Comments	On redevelopment, set structures back 10m from cliff unless specific geotechnical assessment is conducted.

In 2007 Douglas Partners produced a Stage 2 report which comprised the formal assessment of ten selected sites as agreed between Douglas Partners and Nambucca Shire Council. This report is approximately 150 pages and again Council does not have a digital copy. The ten sites selected for formal assessment were agreed on the basis of the hazard rating and the consideration of the importance of the asset at risk, the perceived risk to life and whether or not the hazard was better addressed as part of future development. Mini reports were presented for each of the ten selected sites. The sites chosen were:

1. Southern Headland, North Valla Beach

2. Sea Cliffs South of North Valla Beach

3. Wellington Drive

4. Car Part at Main Beach, Nambucca Heads

5. Western Side of Access Road to Main Beach, Nambucca Heads

6. Downslope Fill Batter of Riverside Drive

7. Road Cuttings and Scarp Upslope of Riverside Drive

8. Cutting behind Surf Club, Main Beach, Scotts Head

9. Western end of Little Beach, Scotts Head, adjacent to Elephant Head

10. Corner of Matthew and Vernon Streets, Scotts Head.

The site NH44 was not considered in the Stage 2 report.

CONSULTATION:

The letter Council apparently received from Sparke Helmore solicitors was referred to by Ms Leckie in her address to Council. The assistance of Ms Leckie was sought in either providing a copy of the letter or any information which may help staff to locate the letter/advice. It obviously predates Council’s current electronic records system and correspondence is more difficult to trace.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

There are no social implications.

Economic

There are no economic issues.

Risk

Besides the threat of legal action, the various risks have been previously reported on.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

This will depend upon the selected course of action. If Council engages a solicitor it will be paying between $320 and $340 per hour plus expenses.

Source of fund and any variance to working funds

Again this will depend upon the selected course of action.

Service level changes and resourcing/staff implications

At this stage there are no significant resourcing/staff implications.

Attachments:

5677/2016 - 2 Nelson Street - Advice of Litigation

Ordinary Council Meeting 17 March 2016

General Manager's Report

ITEM 9.3 SF674 170316 Extension of Existing Contract for Waste Collection Service

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

The Waste Collection Contract No. 04/05-183-TO that is currently on foot is due to expire on 27 May 2016. At Council’s meeting on 24 September 2015 it was resolved to delegate to the General Manager authority to negotiate an extension for a period of 12 months beyond the current contracts finish date, and with an option to extend for a second period of up to a further 12 months.

The purpose of this report is to advise Council that negotiations with the Contractor have taken place in order to arrive at an agreement on the final terms and conditions acceptable to both parties.

Those terms are now advised to Council in this report, and will be codified and executed in the form of a Deed of Variation to the existing Contract if Council so resolves.

Recommendation:

That Council:

1. Notes its previous delegation of authority to the General Manager to negotiate, with the incumbent Waste Collection Contractor (Handybin), an extension to the existing contract period.

2. Notes that negotiations have been conducted with the incumbent Waste Collection Contractor (Handybin) and the terms and conditions agreed upon are detailed in this report.

3. Resolves to accept the terms and conditions of the extension to the existing contract as contained in this Report.

4. Notes that the extension to the existing contract will be affected by a Deed of Variation which will be executed by the parties on or before 26 May 2016.

5. Authorise that the Deed of Variation be executed under Council Seal.

OPTIONS:

Options available to Council include:

1. Adopt the recommendations which would allow the existing Contract to be extended under the terms advised in this report. This would allow the Waste Collection Services to be tendered and let with the least risk to Council.

2. Amend the recommendation provided to Council adopting an alternative extension date. If this date was a shorter period it would cause issues with competitive tendering, if it were longer it would delay the new Contract. A further delay would be created by the need to liaise with the CCWS partner councils to achieve agreement on the amendment made.

3. Reject the recommendations provided to Council and adopt an alternative that would provide a shorter Tender and ‘tooling up’ period possibly exposing Council to less than competitive tendering. A further delay would be created by the need to liaise with the CCWS partner councils to achieve agreement on the amendment made.

DISCUSSION:

This is a “template” report prepared by the staff of Coffs Harbour City Council for the purposes of the three Coffs Coast waste councils considering an extension of the existing waste collection contract. Each Council will be considering a like report including like recommendations.

Coffs Harbour City Council is in partnership with Bellingen Shire Council and Nambucca Shire Council with regards to Waste Services as Coffs Coast Waste Services (CCWS). Currently the councils have a Kerbside Collection and operation of the Material Recycling Facility contract with Handybin Waste Services. That contract expires on 27 May 2016.

Council, in consideration of Extenuating Circumstances under the provisions of the Local Government Tendering Regulations, has previously delegated to the General Manager, by resolution, the authority to negotiate an extension to this contract.

Negotiations have been conducted, under that delegation of authority to the General Manager, with the Contractor by a team of duly authorised Council officers comprised of members of all three CCWS councils. The negotiations and negotiating methodology were overseen by an appointed Probity Officer and were conducted in accordance with the provisions of a documented Probity Plan which was drafted specifically for that purpose. No departures from the provisions of the Plan were identified by the Probity Officer.

The terms and conditions of an extension to the existing contract, which are agreeable to all parties to those negotiations, are provided immediately below in italics. In order to extend the contract the terms and conditions of the extension will now need to be codified into a Deed of Variation to the existing contract and signed by the Contractor before the expiry of the existing contract on 27 May 2016.

Waste Collection Services for CCWS

Contract 04/05-183-TO

Handybin Waste Services and the Councils of Coffs Coast Waste Services

Terms for the Extension of Contract

1. Extension Time Frame

Contract Item Date

Existing Contract Completion 27 May 2016

Extension 1 for a period of 12 months 26 May 2017

Optional Extension 2 for a period of up to 12 Months up to 25 May 2018

The exercise of Optional Extension 2 will be on notice from Coffs Harbour City Council to Handybin Waste Services (HWS)

2. Deed of Variation

The extension of Contract 04/05-183-TO will be effected by a Deed of Variation which will be executed by the parties on or before 26 May 2016 to take effect from 27 May 2016.The Contract as varied by the Deed of Variation will be on the same terms as the existing Contract except for:

a. inclusion of Extension 1, and Optional Extension 2 as set out in paragraph 1 above; and Paragraphs 3 and 4 below.

3. Cost of Services

a. HWS will continue to provide all of the current services provided as part of the Collection Services for Coffs Coast Regional Waste Services Councils (under the terms of the current contract and recognising that there have been recent variations negotiated to the services provided to some Councils) for duration of the extension(s)

b. For the extension period(s), HWS offers a rebate of $100,000.00 on a risk sharing arrangement in relation to the maintenance of collection vehicles as follows:

I. A rebate of $100,000.00 per 12 month period (or pro-rata for a shorter period for Optional Extension Period 2), minus any costs of major or unexpected repair to the major drive line (motor, gearbox and differential) of any of HWS collection vehicles, will be paid to each Council proportionally as determined by the Councils.

II. HWS will provide a full cost summary at the end of the extension period(s) and will pay the rebate amount applicable. Council can stipulate the reporting format required and audit the accounts submitted.

III. If HWS spends in excess of $100,000.00 there will be no penalty to the Councils.

4. Bank Guarantee

The Current Bank Guarantee held by Coffs Harbour City Council has expired. HWS will provide a new unconditional Bank Guarantee in the value of $500,000 for the duration of the extended period(s) being:

a. 26 May 2017 if the of the Optional Extension is not exercised;

b. up to 25 May 2018 if Optional Extension 2 is exercised.

In the event that the EPA imposes a Financial Guarantee of $100,000 on HWS as a result of a Licence Condition, the Council’s agree to reduce the Guarantee held by them by the corresponding amount.

If extended as per the terms and conditions Council will have authorised an extension of the service for a stipulated period of 12 months from the 27 May 2016 which automatically expires on the 26 May 2017. Council will also have the voluntary option of extending the service for a further period of duration up to, but not exceeding, 12 months out to 25 May 2018.

Council is requested to authorise that the Variation to the Contract process now proceed as described above by resolving as recommended.

Issues:

Council may only enter into contracts using a process that is compliant with the Local Government Act and Regulations. The intent of the Act and Regulations generally is to ensure that open and competitive tendering occurs prior to entering into contract arrangements. Departures from that intent, such as extending a contract beyond its end date as advised here, may only be implemented if they meet the defined circumstances stipulated in the relevant provisions of the same Act and Regulations.

Coffs Harbour City Council has received legal advice from Lawyers, HWL Ebsworth, which is subject to Legal Professional Privilege, with regards to compliance with the LGA and Regulations and the existence of extenuating circumstances.

Due to the nature of the CCWS tripartite approach to waste services taken by Coffs Harbour City Council, Bellingen Shire Council, and Nambucca Shire Council any departure from the course of action advised in this report would necessarily require the concurrence and agreement of all three councils. This same Report therefore is being presented contemporaneously for the consideration of all three councils.

CONSULTATION:

Council has consulted with the partner councils of Coffs Harbour and Bellingen. They will be submitting a similar report to their respective councils to gain concurrence for the recommendations.

Coffs Harbour City Council (on behalf of all councils) has received supporting legal advice form Lawyers, HWL Ebsworth with regards to compliance with the Local Government Act and Regulations.

SUSTAINABILITY ASSESSMENT:

Environment

Coffs Coast Waste Services provide some of the highest levels of waste services, recycling, reuse and processing in Australia. The extension of the current Contract will have no adverse environmental impact, as the existing 3 bin arrangement will be maintained.

Social

There is unlikely to be any adverse social impact by the extension of the existing Contracts. Local employment and investments will continue, and the service will continue to enhance community wellbeing by providing a continuation of a high quality service to the community

Economic

The extension of the contract will continue to provide local employment and services for the community. It will not impact on the positive economic viability that a best practice waste management service currently provides.

Risk

The major risks that have been identified are:

1. Compliance with the Local Government Act and Regulation with regards the extension of the existing Contract.

Coffs Harbour City Council’s lawyers advise that the circumstances nominated in the previous Council report are extenuating, and the extension of the Contract complies with the tender requirement exemption under section 55(3)(i) of the Local Government Act.

2. Calling of Tenders with a short Tender and ‘tooling up’ period could result in a non-competitive tender process and possible below standard submissions.

Delays nominated in the previous Council report should not necessitate a rushed tender process that would leave the Councils exposed to financial and service level risks. The councils will control this risk by ensuring the tender and ‘tooling up’ periods are such that quality and competitive tenders are received.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Extensions of the current contract are not expected to adversely affect the Operational Plan or Delivery Program. Depending upon the take up of the proposed trial bulky goods voucher system there may be a future budget saving. The outcome of the trial will allow the community and Council to assess the trade-off between service level and price before entering into a new contract.

Source of fund and any variance to working funds

The proposed trial bulky goods voucher system may have some minor impact on working funds.

Service level changes and resourcing/staff implications

As indicated the trial bulky goods voucher system will allow the community and Council to assess the trade-off between service level and price before entering into a new 10 year contract.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 17 March 2016

General Manager's Report

ITEM 9.4 SF1963 170316 Community Housing Limited -v- Clarence Valley Council & Others

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

Community Housing Limited took action against this Council and other Councils who had made the same determination that they should pay rates. In the first instance the Councils were successful in defending an appeal in the NSW Land and Environment Court.

By decision delivered on 19 October 2015, the Court of Appeal which was constituted with three judges upheld the appeal by Community Housing Ltd with the councils being ordered to pay the costs of Community Housing Limited.

The outcome of the matter does have some important policy implications for all local government areas where the Department of Housing (Housing NSW) owns existing public housing stock. Under the Housing Act 2001, NSW Housing is obliged to pay local government rates on these properties. However if they are transferred to non-government organisations such as Community Housing Ltd then rates are not payable.

The legal action has cost Council $38,426 plus $11,851 for writing back three years of rates on 5 properties owned by Community Housing Ltd. The purpose of this report is to advise that Marsdens, the legal firm representing the six Councils involved in the legal action being Clarence Valley Council, Parramatta City Council, Port Macquarie Hastings Council, Gosford City Council and Coffs Harbour City Council has now reached agreement on a discounted costs claim of $198,000, being $33,000 for each Council. Therefore Council’s total legal expenses in the matter are $71,426.

Recommendation:

That the information concerning the legal expenses arising out of the appeal Community Housing Limited–v-Clarence Valley Council & Others be received.

OPTIONS:

There are no options. Based on legal advice, the discounted costs offer of $198,000 for the six councils ($33,000 per Council) has been agreed.

DISCUSSION:

This matter was last reported to Council on 12 November 2015. It will be recalled that Community Housing Limited took action against this Council and other Councils who had made the same determination that they should pay rates. In the first instance the Councils were successful in defending an appeal in the NSW Land and Environment Court.

By decision delivered on 19 October, the Court of Appeal which was constituted with three judges has now upheld the appeal by Community Housing Ltd with the councils being ordered to pay the costs of Community Housing Limited.

At Council’s meeting on 12 November 2015 it was resolved:

1. That Council note the NSW Court of Appeal has upheld an appeal by Community Housing Limited against a decision of the NSW Land & Environment Court concerning the rating of properties owned by Community Housing Ltd in the Clarence Valley, Parramatta City, Port Macquarie Hastings, Gosford, Coffs Harbour and Nambucca local government areas.

2. That Council make representations to the Minister for Social Housing, the Hon. Brad Hazzard, in relation to its concerns about the transfer of public housing from Housing NSW to various non-government organisations and the substantial loss of rate income which will flow from such transfers. Further that the Minister introduce legislation which ensures that such organisations be required to pay Council rates on the public housing which they own.

3. That Local Government NSW be informed of Council’s concerns and representations.

That, wherever possible, Council, with regard to shared expenses in the future, consider a pro rata share of costs as opposed to equal expense splitting.”

In January 2015 there was a report to Council on the outcome of a rating appeal involving Community Housing Limited which sought exemption from rates on properties it controls for the purpose of providing housing for disadvantaged people in the community. The application was made on the basis that Community Housing Limited is a public charity and public benevolent institution and entitled to the exemption under section 556(1)(h) of the Local Government Act 1993.

Community Housing Limited took action against this Council and other Councils who had made the same determination that they should pay rates. The other Councils which were party to the action were Clarence Valley Council, Parramatta City Council, Port Macquarie Hastings Council, Gosford City Council and Coffs Harbour City Council. The Marsden Law Group acted for all the councils.

The Court dismissed the proceedings and ordered Community Housing Limited to pay costs. The judgement found that Community Housing Limited is not a public charity or public benevolent institution as referred to in the LGA. However Justice Harrison only dismissed the application on a limited basis that having regard to the construction of the terms of the object clause in Community Housing Ltd’s Constitution that they were not properly characterised as a public benevolent institution or public charity for the purposes of the Local Government Act.

Community Housing Limited then appealed this decision in the Court of Appeal.

By decision delivered on 19 October, the Court of Appeal which was constituted with three judges upheld the appeal by Community Housing Ltd with the councils being ordered to pay the costs of Community Housing Limited.

The purpose of this report is to advise that Marsdens, the legal firm representing the six Councils involved in the legal action being Clarence Valley Council, Parramatta City Council, Port Macquarie Hastings Council, Gosford City Council and Coffs Harbour City Council has now reached agreement on a discounted costs claim of $198,000, being $33,000 for each Council. Therefore Council’s total legal expenses in the matter will be $71,426.

The outcome of the appeal does have some important policy implications for all local government areas where the Department of Housing owns existing public housing stock.

In the Nambucca local government area, the Department of Housing (NSW Housing) have until recently been the registered owner of 240 residential properties. Under the Housing Act 2001 NSW Housing are obliged to pay local government rates on these properties. Assuming these properties are all on the minimum rate they having been paying in 2015 dollars 245 x $785 or a total of $192,325 per annum in rates.

Recently Housing NSW financed the purchase of 5 properties for Community Housing Ltd. Also they have transferred management responsibility for a further 15 properties to Community Housing Ltd. The concern is that Housing NSW will continue to transfer ownership of public housing to non-government organisations such as Community Housing Ltd and over time the Council will incur a significant short fall in rate revenue. This is a classic example of cost shifting.

The Council has made representations to the Minister for Social Housing, the Hon. Brad Hazzard as well as to Local Government NSW in relation to this cost shifting. Council has received the attached response from Local Government NSW. At the date of preparing this report there had been no response from the Minister to Council’s letter.

CONSULTATION:

Chris Wills – Rates Officer

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

There are no social implications.

Economic

There are no economic implications.

Risk

The major risk discussed in the report is the potential for public housing stock to be transferred to community housing providers and changing from a status of rateable to non-rateable. The Department of Housing is the registered owner of 240 residential properties in the Nambucca Valley.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The Council’s legal costs to date including the payment of the costs order are $71,426.

The Council has also had to write back the outstanding rates on the 5 properties owned by Community Housing Limited over a period of three years. The total of the rates write back was $11,851.

Source of fund and any variance to working funds

The costs settlement has resulted in Council’s allocation for Corporate Services Legal Expenses ($90,000) being fully spent with about 33% of the financial year remaining. An increase in the budget item will be required at the next quarterly budget review.

Service level changes and resourcing/staff implications

There are no resourcing implications.

Attachments:

145/2016 - Response from LGNSW

Ordinary Council Meeting 17 March 2016

General Manager's Report

ITEM 9.6 SF2156 170316 Preparation of Development Control Plan for Valla Growth Area

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

The Council has been receiving and dealing with enquiries for the establishment of new businesses in the Valla Growth Area, most recently in relation to the proposed Highway Service Centre and also in relation to enquiries about the establishment of new businesses on the land acquired by Council on Boggy Creek Road.

Rather than continue to respond to a Development Control Plan (DCP) requirement and queries about zone boundaries in an “ad hoc” way, it is proposed that Council commit to the preparation of a comprehensive DCP as required by Clause 6.2 of its Local Environmental Plan and at the same time take the opportunity to review the zone boundaries so as to be proactive in resolving enquiries which may be received from property owners.

Recommendation:

That Council make provision in its operational plan for 2016/17 for the expenditure of $40,000 on the preparation of a Development Control Plan for the Valla urban release area including a review of zone boundaries.

OPTIONS:

The Council could resolve to defer the work with the risk that it would not be able to respond to enquiries for new employment generating development in a timely way.

There is no option not to undertake the preparation of a DCP because at some stage it will be required for the approval of new development in the urban release area.

DISCUSSION:

Section 6.2 of the Nambucca Local Environmental Plan requires that a development control plan (DCP) be adopted before Council can grant consent for any new development in the urban release area. The provisions of Clause 6.2 are listed in italics.

There was a report to Council’s meeting on 25 February 2016 which considered a Development Control Plan for the proposed Highway Service Centre. A discrete DCP was required in order that the development application for the Highway Service Centre with its 30-40 equivalent full time jobs could be considered without undue delay.

At the meeting on 25 February, the Council also heard a delegation from Mrs Jean Robinson who owns land which extends from Boggy Creek Road south to the rear of the proposed Highway Service Centre. Mrs Robinson’s land which has an area of 18.39 hectares is zoned IN1 General Industrial (the half north of Boggy Creek), E3 Environmental Management being mainly the riparian vegetation along Deep Creek with the southern half of the land adjoining the proposed Highway Service Centre being zoned RU2 Rural Landscape. Now that the location of the Highway Service Centre is known there would seem to be merit in investigating the potential of the rear of Mrs Robinson’s property for a rezoning from RU2 to IN1 consistent with the remainder of her land.

Rather than continue to respond to the DCP requirement and queries about zone boundaries in an “ad hoc” way it is proposed that Council commit to the preparation of a comprehensive DCP as required by Clause 6.2 and at the same time take the opportunity to review the zone boundaries so as to be proactive in resolving enquiries, such as that received from Mrs Robinson.

6.2 Development control plan

(1) The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.

(2) Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.

(3) The development control plan must provide for all of the following:

(a) a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,

(b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,

(c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

(d) a network of passive and active recreational areas,

(e) stormwater and water quality management controls,

(f) amelioration of natural and environmental hazards, including bushfire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,

(g) detailed urban design controls for significant development sites,

(h) measures to encourage higher density living around transport, open space and service nodes,

(i) measures to accommodate and control appropriate neighbourhood commercial and retail uses,

(j) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

(4) Subclause (2) does not apply to any of the following development:

(a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots,

(b) a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,

(c) a subdivision of land in a zone in which the erection of structures is prohibited,

(d) proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.

CONSULTATION:

There has been consultation with Mr Danny Whalen; Mrs Jean Robinson; and Council’s Strategic Planner.

SUSTAINABILITY ASSESSMENT:

Environment

There are no impacts on the environment. One of the purposes of the DCP is to improve the environmental outcomes of the Valla urban release area beyond what they would otherwise be.

Social

The construction of the highway upgrade plus the new service roads and highway service centre will change the nature of the area.

Economic

The preparation of the DCP is necessary to realise the significant potential of the Valla urban release area. It is interesting to note that in the recently released draft North Coast Regional Plan the only infrastructure investigation locations for priority land release areas on the Coffs Coast is at Valla. There is no land identified in either Coffs Harbour or Bellingen local government areas.

Risk

The major risk to Council is not being able to respond to enquiries for new development in the Valla urban release area in a timely way.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There will be an budgetary requirement of $40,000.

Source of fund and any variance to working funds

There is no impact on working funds.

Service level changes and resourcing/staff implications

The management of the project can be undertaken by Council staff.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 17 March 2016

General Manager's Report

ITEM 9.7 SF929 170316 Visitor Information Centre

AUTHOR/ENQUIRIES: Michael Coulter, General Manager; Coral Hutchinson, Manager Community Development

Summary:

Council received the development application for the proposed Highway Service Centre at the Nambucca Heads Interchange on 5 January 2016.

With the determination of the development application to occur in the near future, the Council and/or the Nambucca Valley Tourism Association need to determine whether or not there will be a tourism presence in the new Highway Service Centre.

Recommendation:

That the Nambucca Valley Tourism Association be requested to advise Council whether or not they seek to lease space or support the leasing of space by Council within the proposed Highway Service Centre at the new Nambucca Heads interchange and if so the area required, noting that any financial support from Council would need to come from the existing tourism and area promotion expenditure which is $153,500 in 2015/16 and otherwise fully committed to operating the existing visitor information centre and undertaking marketing.

OPTIONS:

There are many potential options discussed in the report. Before exploring those options it is recommended that Council provide the Nambucca Valley Tourism Association (NVTA) with the opportunity to support or otherwise the procurement of space in the new highway service centre. If the NVTA have no interest in the Service Centre as per the terms in the recommendation then it is foreshadowed that Council advise the proponents that it won’t be seeking any space in the Service Centre.

DISCUSSION:

Council received the development application for the proposed Highway Service Centre at the Nambucca Heads Interchange on 5 January 2016. The development application plans for the Centre are attached. It will be noted that following discussions with Council’s Manager Business Development the proponents have, in good faith, made some provision for a “council area” in the DA plans. Whilst there has been no negotiation in relation to the floor area or rental, at a meeting with BP and the proponents on 5 February the following notes were made by Council’s Manager Community Development who has responsibility for tourism.

1. The development application has an area of 66 sq metres pencilled in for a “Council” tenancy. BP and RMS will be entering into a 20 year lease arrangement with an option of 10 and will be expecting the same duration with Council.

2. Rents of between $30,000 and $50,000 per annum were mentioned, depending on the actual space required.

3. BP will be wanting confirmation of space and service (water, power, and internet) requirements very soon

4. BP is hoping to open the Travel Centre by Christmas 2016.

There was a report to Council’s meeting on 11 December 2014 concerning the delivery of support to the tourism industry with the impending relocation of the Pacific Highway and the on-going migration of people to mobile devices with internet connectivity. It was questioned whether or not Council’s existing approach to tourism promotion via the operation of a Visitor Information Centre (VIC) on Riverside Drive was the best use of resources into the future given these changes.

Note: The Tourism Co-ordinator’s report to the February meeting of the Nambucca Valley Tourism Association Incorporated showed a 19.7% decline in enquires to the VIC from February 2015. This was a continuation of a downward trend in enquiries throughout 2015. (See attachment.)

The report to the Council meeting on 11 December 2014 listed four potential options for the future provision of tourism promotion being:

1 Retain the existing visitor information centre and deliver the same service (status quo)

2 Retain the existing visitor information centre plus establish a second visitor information centre at the proposed highway service centre on the Nambucca Heads interchange

3 Redirect Council’s investment in tourism from the operation of the visitor information centre to advertising and marketing only (no face to face contact)

4 Council withdraws its financial support for tourism promotion.

In response to the report it was resolved that:

“Council seek expressions of interest from Bellingen Shire Council and Coffs Harbour City Council on an alliance to operate a regionally focussed Visitor Information Centre from the proposed Highway Service Centre at the Nambucca Heads Interchange.”

In response to seeking expressions of interest from Bellingen and Coffs Harbour Councils, the attached response was received from Bellingen Shire Council. No response was received from Coffs Harbour City Council.

The response from Bellingen Shire Council provides support in principle to the opportunity of an alliance to provide a regionally focussed visitor information centre at the proposed highway service centre

The position of the Nambucca Valley Tourism Association when it considered the matter at its meeting on 9 September 2014 was that the VIC stay at its present location but as well there should be a stand or office at the new proposed service centre on the highway at the Nambucca Heads interchange. The President of the Association, Mr Dave Banks said,

“I am of the view that we should have a manned site at both the existing location & at the new highway location. Supply and demand will dictate if one should be closed down after a full year of operation.”

The General Manager and Manager Community Development, Ms Coral Hutchinson who has portfolio responsibility for tourism, met with Nambucca Valley Tourism on 7 October 2014 to discuss their position. The Association was advised that Council would not be able to fund Visitor Information Centres at two locations and it was queried whether the Association would have the volunteers to staff two centres. The position of the Nambucca Valley Tourism Association is that they want time to assess the impact of the highway by-pass on the traffic flows and patronage of the existing Visitor Information Centre before making a decision as to where the Visitor Information Centre should be located.

Unfortunately the nature of any contractual arrangements with the proponents of the Highway Service Centre will be such that Council will not have the opportunity of a short term trial to assess the relative merits of the existing site –v- a presence at the Highway Service Centre. Subject to negotiation, there would need to be a commitment to a lease of a reasonable term in the Highway Service Centre.

Besides the 66 square metres identified on the development application plan, there are other potential options. There is an existing arrangement at the Caboolture BP Travel Centre, where a small area of 10 square metres is leased at a cost of around $7,000 per annum. The space is staffed by volunteers and they have a system whereby they lock their “centre” but still have the brochures available after hours.

Besides varying the size of the space, the other options pertain to the use of the space and a potential alliance with Bellingen Shire Council.

The DA plans refer to the potential for some retailing of locally produced products to provide some revenue to offset the rent. Whilst the DA plans nominate Macnuts and Blueberries, at this stage there have been no negotiations with local producers. Ideally the locally produced products should be either long lasting or non-perishable and could include foodstuffs, souvenirs, and art. Negotiations with potential suppliers of local merchandise could occur if there is support for the larger floor space.

Whilst the product which has been marketed at the Visitor Information Centre has been tourism related there is no particular reason why, at a Council owned and operated facility, marketing could not be extended to economic development more broadly including for example residential and industrial land which might be available for purchase.

Further if there is support for any floor space option in the Service Centre then the opportunity exists for an alliance with Bellingen Shire Council in cost sharing and also sharing the volunteer staffing.

Prior to undertaking any negotiation with potential suppliers of product or Bellingen Shire Council it is recommended that Council seek a commitment from the Nambucca Valley Tourism Association as to whether or not it seeks or supports a presence in the highway service centre. This is based on the premise that local commitment is necessary to underpin any venture and that the outcome of negotiations with the Service Centre proponents and potential partners like Bellingen Shire Council is unknown.

It is further recommended that any financial assistance from Council be in the context of the existing tourism and area promotion expenditure which is $153,500 in 2015/16 and otherwise fully committed to operating the existing visitor information centre and undertaking marketing. Whilst it is within the Council’s authority to increase its financial commitment to tourism this would be at the expense of its core transport responsibilities which will significantly increase with the planned handover of the existing Pacific Highway infrastructure.

Assuming Council does not wish to significantly increase its tourism budget nor reduce expenditure on marketing or staff, it may still be possible to lease small premises at the Highway Service Centre within the current budget. Until Council and the community decide which way forward, only a rudimentary assessment of viability has been undertaken and the conclusion has been based on a number of assumptions, with the following scenario being just one of many possible. It is loosely based on the Caboolture model mentioned earlier.

1. Council operates 1 Visitor Centre at the BP Travel Centre/Highway Service Centre staffed by volunteers but maintains the 3 community-based information sites and possibly a presence at Nambucca Heads Library, noting that these are in addition to the 6 or 7 “Visitor Point” displays in the Nambucca Shire.

2. Council could lease the current VIC to provide an income stream with the returns offsetting costs at the Service Centre and/or being allocated to marketing. Plus there would be savings from electricity, security and cleaning.

3. As the landlord of the Riverside Drive premises, Council would need to allocate at least $7,000 per annum plus an amount for rates (Council is awaiting a valuation following the acquisition) for operating costs in future budgets. In addition, allocations for depreciation (currently $3,600) and maintenance would be required.

4. The Tourism Co-ordinator could be based at the Council Administration Centre where she can focus on the website, social media and more strategic marketing. Volunteer management and training (for the BP site) could occur from here. There would be savings due to the need for less office equipment; and Council support staff could provide administration services eg posting, purchasing office supplies. No banking services would be required as NVTA assumes total responsibility for Bookeasy with no further Council staff involvement; unless there is retailing from the BP site. The Corporate Support allocation may increase slightly, however the $5,000 currently allocated to VIC Administration would offset this at least partially.

CONSULTATION:

There has been consultation with the Manager Community Development and the Manager Business Development.

SUSTAINABILITY ASSESSMENT:

Environment

There are no issues of significance to the environment.

Social

The Council’s existing approach to supporting tourism based on “face to face” contact is being challenged on many fronts – by digital information being available on mobile devices and by the imminent relocation of the Pacific Highway. Whilst personal contact is always likely to have an advantage in marketing, the opportunity to access potential visitors will be diminished with the relocation of the highway. Traffic modelling prepared by Sinclair Knight Merz (for the Warrell Creek to Urunga highway upgrade) estimates that 11,250 vehicles a day use the Pacific Highway south of Valla Beach Road. They estimate that the daily traffic will be reduced to 5,500 vehicles following the new highway construction.

Economic

The question for Council is the community benefit provided by the expenditure of $153,500 per annum on tourism and whether or not there could be a greater benefit by providing the same level of financial support in different ways. The relocation of the Pacific Highway is an opportune time for Council to review its existing service delivery.

Risk

The Council does rely on volunteers to provide the “face to face” marketing which occurs at its visitor information centre. If this style of tourism promotion was to occur at the new Highway Service Centre it is important that the space and operation of the facility be satisfactory to the people who will be dedicating their time to it.

There are potential risks in negotiating the lease of floor space in the new highway service centre. A tourism “office” at the service centre will be of commercial benefit to BP and the tenancies so a large discount on normal commercial rent should be strongly asserted.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The report proposes there be no increase in Council’s existing expenditure on tourism and marketing the advantages of the area.

Source of fund and any variance to working funds

As per the budgetary impact, there should be no impact on working funds.

Service level changes and resourcing/staff implications

Under the existing model for delivery, approximately 45% of the Tourism Co-ordinator’s time is allocated to managing and training volunteers and generally keeping the VIC open, and 30% of her time could classified administration. Only 25% is spent on marketing and that is using the term very loosely as it includes mostly reordering brochures, restocking the 3 community visitor information stands (Bowra Street Nambucca Heads, Bowraville Post Office and Bridge Café Macksville) and souvenir stock management.

As per the budgetary impact, there are no proposed changes to service levels or staffing. There may however be a change of direction for the Tourism Co-ordinator towards a more strategic approach with a greater focus on marketing.

Attachments:

1	6556/2015 - Bellingen Shire Council response
2	352/2016 - Plans for Service Centre
3	8235/2016 - Statistical Report - Enquiries to Nambucca Valley VIC as at February 2016

Ordinary Council Meeting 17 March 2016

General Manager's Report

ITEM 9.9 SF1541 170316 Draft North Coast Regional Growth Plan and Lower Nambucca

AUTHOR/ENQUIRIES: Grant Nelson, Coordinator Strategic Planning & Natural Resources

Summary:

The purpose of this report is to advise Council of exhibition of the draft North Coast Regional Plan which is presently on exhibition and the inclusion of additional urban land in lower Nambucca which has been identified as a growth area on the draft plan.

Recommendation:

That Council advise the landholders of Lots 11 and 12 DP 1017408 (Carniato) and Lot 2 DP514920 (Fidirikkos) that their land has been identified as proposed urban growth area in the Draft North Coast Regional Plan and should they wish to pursue the rezoning of the land, they should provide to Council the appropriate up to date documentation and pay the appropriate fees for a planning proposal.

OPTIONS:

Council may resolve to make a submission to the Department of Planning in response to the additional land shown at lower Nambucca

DISCUSSION:

Since the release of the planning white paper a few years ago the Department of Planning and Environment (DOPE) has been progressing with a review of the Mid North Coast Regional Strategy. This review has resulted in the preparation of the Draft North Coast Regional Strategy which is presently on exhibition.

Council may wish to review the plan which is available on the DOPE’s Website:

http://www.planning.nsw.gov.au/

NOTE: This report is identifying to Council a new growth area presented in the plan, a more comprehensive report on the draft North Coast Regional Plan will be presented to Council’s meeting in the following month.

During preparation of the draft plan DOPE staff have consulted with Council staff on various aspects of the plan including, demographics, growth areas and regional priority infrastructure provision.

To this effect the plan has included the Valla Urban Growth Area as an area for priority infrastructure provision. Notably the Valla Growth Area is the only such area identified from Port Macquarie to Clarence Valley. Further Lots 11 and 12 DP 1017408 and Lot 2 DP514920 Pacific Highway Lower Nambucca have been included in growth area mapping as proposed urban land. See below figure:

Council has previously supported an applicant made LEP amendment for this area on two (2) occasions; to the Nambucca LEP 1995 and more recently as an amendment to the Nambucca LEP 2010. The following is an extract from a report to Council dated 3^rd November 2011:

‘Council will recall that the rezoning of the subject land has been ongoing now for a number of years with the landowners investing considerable funds into the various studies undertaken over this land and towards the rezoning of the Lower Nambucca area. Initially through Nambucca LEP 1995 amendment no. 47, then during the preparation of the Mid North Coast Regional Strategy and under Draft NLEP 2010.

Prior to receiving the S65 certificate to exhibit the Draft LEP 2010, Council had included the subject land as residential land. However, Council received a conditional S65 certificate which required Council to remove the residential zone from the land prior to exhibition. The s65 Certificate stated the following:

This land was required to be excluded from Draft LEP amendment no. 47 of the Nambucca LEP 1995 because the land is isolated from Nambucca Heads and available services. The land has not been identified in the mid north coast regional strategy for urban development and it is therefore inappropriate to zone this land R1.

During the exhibition of the Nambucca LEP 2010 Council received a submission from the landholders consultant requesting that the zoning of this land be reconsidered. Following discussions with the DoP&I that pursuing this matter would likely delay the finalisation of the new standard instrument Nambucca LEP, Council resolved:

That Council not change the RU1 Primary Production Zone to R1 General Residential Zone in Draft NLEP 2009 over Lots 11 and 12 DP1017408 & Lot 2 DP514920, and the land owners be advised to pursue the proposal through the Gateway Planning Proposal process providing the justification and compliance with Appendix of the Mid North Coast Regional Strategy.

Subsequently the new standard template Nambucca LEP 2010 was made and the landowner pursued a separate rezoning which was submitted to Council by Geoff Smyth Consulting on 17 November 2010. The matter was considered at Council’s 16 December 2010 meeting when it resolved to proceed with the proposal.

The Planning Proposal was sent to the DoP&I on 16 July 2011 requesting a Gateway Determination. On 16 August 2011 the DoP&I responded advising that a determination has been made that the proposal should not proceed for the following reasons:

1 There is insufficient strategic planning merit to proceed with the proposal at this stage.

2 The planning proposal is inconsistent with the following S117 Directions:

a 1.2 Rural Zone

b 1.4 Oyster Aquaculture

c 1.5 Rural Lands

d 3.1 Residential Zones

e 3.4 Integrating Land Use and Transport

f 4.3 Flood Prone Land

g 4.4 Planning for Bushfire Protection

h 5.1 Implementation of Regional Strategies

3 The planning proposal is inconsistent with SEPP (Rural Lands)

4 The planning proposal is not supported by an endorsed Council growth management strategy or the Mid North Coast Regional Strategy.

5 The planning proposal fails to demonstrate that there is an immediate to mid-term need for residential development in this location.

The applicant was advised of the determination and has, on behalf of his clients formally responded suggesting that “the rejection of the planning proposal to rezone the land does not appear to oppose the rezoning of the site itself but rather focuses on inadequacies in the current procedure required by the Council to justify the proposal”.

It is noted that Council resolved to prepare a local growth management strategy residential land at this time but this was not included in subsequent budgets and given lack of resources has not been progressed.

More recently Council has received funding to support the provision of sewer services to the lower Nambucca area, which will have significant environmental benefits for the area. The servicing will be supported by landholder contributions and the more properties connected to the land the more equitable it the services will be for each landholder.

On the basis of Councils previous support for the proposed LEP amendment in this area and the benefits of additional land being available to support the provision of services to the area it was requested the department give consideration to the inclusion of this area as a growth area in the Draft North Coast Regional Plan.

As the area has been identified within the draft regional plan it is more likely to gain the support of the DOPE and the Gateway stage. It is recommended that Council advise the landholders of the draft North Coast Regional Plan and the identification of this area for proposed urban growth, and should the landholders prepare the appropriate documentation and pay the appropriate fees for the lodgement of a planning proposal Council will maintain its previous support for the LEP amendment to zone the land from its present rural zoning to an appropriate residential zone.

CONSULTATION:

General Manager

Manager of Planning and Environment

SUSTAINABILITY ASSESSMENT:

Environment

A sparsely spaced nut tree grove exists on part of the land with the remainder being predominately cleared land. Any future development of the land should give appropriate consideration to stormwater and nutrient detention, setbacks and buffers to sensitive environmental receptors and the Nambucca River, noise and access issues associated with the Pacific Highway.

Social

The proposal will contribute to the land stock presently available within the shire and provide opportunities for diversified housing type and availability.

Economic

The proposal will improve affordability of connecting services to the local area which is required to develop the lower Nambucca Business Park, and service the local accommodation facilities.

Risk

NIL

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Nil, the applicant would be required to pay fees to support the planning proposal

Source of fund and any variance to working funds

NIL

Service level changes and resourcing/staff implications

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 17 March 2016

General Manager's Report

ITEM 9.10 SF2070 170316 Boating Now - Gordon Park and Review of the Nambucca River Masterplan

AUTHOR/ENQUIRIES: Grant Nelson, Coordinator Strategic Planning & Natural Resources

Summary:

The purpose of this report is to provide Council with an update in respect to the planning of proposed works at Gordon Park in relation to the Boating Now program and also gain Councils endorsement to exhibit the draft concept for the area.

Recommendation:

1 Council endorse the proposed location of the new amenities at Gordon Park, to allow the tendering process to commence.

2 That Council endorse the draft amendments to the Nambucca River Masterplan prepared for Gordon Park and the amendments be incorporated into the existing Plan of Management for Gordon Park. The variation to the Plan of Management for Gordon Park Recreation area be exhibited in accordance with section 38 of the Local Government Act 1993.

3 That Council support a grant application under the Crown Land Reserve Management Fund to allow for implementation parts of the draft plan not incorporated in the Boating Now project budget.

OPTIONS:

Council may choose not to support any of the above recommendations.

DISCUSSION:

Council was successful at receiving funds under the Boating Now Program for a number of projects in the Nambucca LGA. The largest of these projects relates to Gordon Park. Council has previously resolved to match $287,000 of funds offered by Transport NSW towards Gordon Park which included cash and in-kind support. The total cash budget for this project is $487,900.

This project will provide the following outcomes:

- Review of Masterplan

- Boat ramp improvements, landscaping, bank stabilisation

- New amenities

- Access amendments (pedestrian and vehicular)

- Parking changes

- Mooring deck and ancillary works

- Picnic facility and open space improvements.

Review of the Masterplan

Our application was largely based on the Gordon Park section of the Nambucca River Masterplan (identified below) however discussion with the Assistant General Manager Engineering Services and a number of river users groups have identified that the first requirement for this project will be to re-examine the masterplan. Some key questions for the future of the area include:

- Should the existing waterfront carpark be reclaimed for Open Space and re-constructed towards Wellington Drive as shown in the plan?

- Should the area provide a space for mixed use development as shown in the plan?

A stakeholder meeting was held Gordon Park on the 27^th January 2016 with the following groups and several staff representatives:

- Gordon Park Tennis Club

- Gordon Park Rainforest committee

- Tourist Association

- Nambucca River Users Group

- Nambucca and Valla Chamber of Commerce

- Nambucca Heads Lions Club

- Offshore Fishing Club.

Council engaged the services of a landscape architect to progress the review of the Masterplan, and this consultant was present and assisted during the consultation. There was general consensus at the meeting that:

- The mixed use area identified in the Masterplan was not appropriate or the best use for the space;

- The reclaiming of the existing parking area for the open space was not respectful to the existing infrastructure and the new road access to the ramp was not ideal. The preferred arrangement was to maintain the existing parking.

Based on the results of the consultation, Councils consultant has prepared a draft plan which is attached for Councils consideration. Some key features of the plan are discussed below.

Amenities

The design of the amenities will generally reflect the new amenities at Bellwood Park. Designs are being finalised at present.

Council staff and our consultant deliberated over the location of the amenities block for some time with two (2) options being considered. The initial placement was adjoining the existing Food and Drink premises and waters edge in the north eastern corner of the site. The second option which is preferred is shown as item 10 on the plan is in the central section of the site adjoining the existing sewer pump station and associated infrastructure. This location was preferred for the following reasons:

- Council typically applies a 0.9 (100 year) allowance for Sea level Rise to planning related matters however for some Council infrastructure may be appropriate to apply a 0.4 allowance (50year). In this case 0.4slr allowance would be acceptable. With this in mind the depth of water at the café location during a 1%AEP event (0.4 SLR) is 1.04 and 0.4 at the pump station location. Allowing 460mm (toilet) and 100mm (slab) we would need 480mm of fill at the Café site to avoid flood water entering sewer network. No fill would be required at the pump station location.

- At the café location the 7 x 7m amenities and fill/ grade requirements would push the toilet closer to the waters edge, and encroach further into the open space area which would also effect views to the water from the park.

- grades at the café site may require the use of handrails to achieve disabled access standards this is undesirable and an additional cost to the project;

- Established attractive shade trees (casuarinas) near the café can be retained;

- Eliminate any potential conflicts with café;

- The pump station site is closer to services and hence more cost effective;

- Given the toilet is an attractive structure with the branding for the ‘Gordon Park’ placed on the structure it will a positive statement at a central location within the park;

- The toilet would be closer to the future playground, reducing the frequency of children crossing the carpark area.

Parking

The Nambucca River Masterplan identifies Gordon Park and Stuart Island being maintained as the two (2) main boat access points in the lower estuary. The Masterplan plan was used as the key supporting document to target the Boating Now Funds at this location.

At present the area around the boatramp is displaying some minor shoaling but historic information indicates this is likely part of the natural process and the shoaling is considered temporal in nature. Despite the shoaling the ramp is still used frequently by boaters. Council is presently investigating shoaling in the lower estuary, which may provide more information in this regard.

The boating representatives at the stakeholder meeting identified that there is need for formalised parking on the site which is currently absent. However, representatives from other groups suggested this should be in balance with the other uses that occur in the area.

Taking this into account the review of the plan shows approximately ten (10) spaces subject to detail design. This new plan has been prepared in accordance with the RMS boating Facility Guidelines. The RMS has reviewed the design and accepts that although less ideal, the 90 degree parking shown in the plan will maximise the number of spaces in a confined area, they recommend the design detail ensure vehicle manoeuvring is acceptable. The RMS has also indicated the number of spaces is acceptable given the mixed use of the site, the design guidelines would ideally have more trailer spaces.

It is anticipated that Council will receive multiple views from the boating fraternity in regards to the parking and manoeuvring layout. Design refinement may be required after this consultation occurs. Any refinements could be undertaken within same area at the western end of the site.

It should be noted that although identified as boat trailer parking, passive craft are popular choice for fishing and recreation in the Nambucca River and it is anticipated that the spaces provided in the draft plan may also gain considerable use from box trailers or similar vehicles transporting kayaks etc. To this effect an area near the boat ramp has been identified as a passive launching area and the timber jetty will provide stepped tidal access.

The existing general parking only has spaces on the water side of the access road. The draft plan incorporates parking on both sides of this access which councils Manager Engineering Services has indicated could be achieved. It is anticipated that this will provide additional parking spaces even with landscaping and access crossings incorporated into the design and provides. There is also scope for additional parking north of the parking adjacent to the tennis courts.

Other Aspects of the Plan

Jetty - The plan reflects the mooring facility provided in the Nambucca River Masterplan. It has been modified slightly to incorporate enviro-decking which will allow natural light to penetrate to the water below. It also provides stepped tidal access. It is noted that the existing deck and revetment is made of treated pine and has limited longevity. This would be replaced as part of the Jetty Design.

Playground - The plan provides a more substantial park than that shown in the original plan, however this would be funding dependant and would also incorporate, natural features such as landscape rocks, trees and like materials.

Pedestrian Links and Open Space - The plan provides a significant path access linking the Jetty to Wellington Drive and the other pedestrian links. The path surrounds two (2) large open space area used for events, such as markets and general recreational use. The path will be designed to allow vehicle access to the pump station for maintenance and during events such as markets vehicles would be able to easily unload equipment. Removable bollards will eliminate access at other times. The path has the potential to incorporate design elements and is an ellipse shape to reflect a boat and a sculptural entrance element representing the bow.

Tennis Club – The tennis club has be moved to the location recently endorsed by Council as an amendment to the original Masterplan.

Other elements of the plan are generally reflective of the original Masterplan.

Plan of Management

There is presently two (2) plans of Management which relate to the Gordon Park (the rainforest section and the recreational section), it is recommended that the review of the Nambucca River Masterplan be exhibited as an amendment to the management plan for the recreational area. These plans be exhibited in accordance with the requirements of the Local Government Act 1993.

Scope of this funding and additional sources of funding

The Boating Now Funds will contribute to the amenities; the mooring facility/ Jetty; improvements to the boat ramp and provision of new trailer parking as priorities and landscaping, pedestrian paths, lighting and ancillary facilities as the budget allows.

As identified in the new Masterplan the area has significant potential for not only river users, but the broader community and tourism. With careful planning this project provides an opportunity to revitalise the water front area.

Using the existing funding under this program as leverage it is recommended Council resolve to support a grant application this month under the Crown Land Management Fund to complete other detail of the Gordon Park improvements. This application will seek an estimated, $500,000 to provide a more complete outcome to the improvements.

CONSULTATION:

RMS

Landscape Architect

AGMES

Gordon Park Rainforest Committee

Gordon Park Tennis Club

Nambucca Heads and Valla Chamber of Commerce

Nambucca Tourism Association

Nambucca Heads Offshore Fishing Club

Nambucca River Users Group

Manager Community Services

Manager Assets

Engineering Designer

Manager Infrastructure Services

Technical Officer Assets

SUSTAINABILITY ASSESSMENT:

Environment

Staff will be required to undertake appropriate environmental assessment for the proposed improvements and environmental approvals from relevant agencies will be required for all works.

Social

The project has potential to significant improve the Gordon Park open space.

Economic

The quality of Council’s infrastructure on its estuary will affect tourism. Council has endorsed a funding strategy to support the project and has contractual agreement with the RMS to implement the works.

Risk

Nil. The project provides positive improvements to Councils aging infrastructure and open space.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Council has committed a budget to the project, which is being jointly funded by the RMS

Source of fund and any variance to working funds

Council will seek additional funds through the Crown Land Management Fund to support a more complete project for the area.

Service level changes and resourcing/staff implications

Nil. Staff will consider an allowance for a project manager within the budget for any new grant application made in respect to the implementation of the plan.

Attachments:

8196/2016 - Gordon Pk Revised Masterplan 7.3.16

Ordinary Council Meeting 17 March 2016

General Manager's Report

ITEM 9.11 SF2173 170316 Outstanding DAs greater than 12 months OR where submissions received - 18 February - 8 March 2016

AUTHOR/ENQUIRIES: Lisa Hall, Technical Officer - Development and Environment

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 shows 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: Council to consider land owner’s consent for APZ on 31 March 2016.
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 and seven other submissions have been received by Council – they oppose 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 · Destroys visual amenity
STATUS: Called in by Council – report to go to meeting on 31 March 2016
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: Response from DPI due mid March
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
Thirty-two 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. · Lumsdens Lane should be used instead · Florence Wilmont Drive is already in poor condition in some spots – this would make it worse · All residents of Kingsworth Estate should have been notified, not just properties fronting Florence Wilmont Drive · Linking Florence Wilmont Drive to Old Coast Road will provide many short-cut opportunities · Detrimental to koala habitat and to other native fauna · Benefits new developer at expense of current residents of Kingsworth Estate · Old Coast Road still won’t be fully sealed
STATUS: Report to Council 17 March 2016
DA NO	DATE OF RECEIPT		PROPOSAL			PROPERTY DESCRIPTION
2015/214	14/12/2015		Demolish existing dual occupancy and erect new dual occupancy			Lot 11 Section D DP 17707, 22 Waratah Street, Scotts Head
Four submissions have been received by Council – they oppose the proposal · Excessive site coverage could lead to runoff problems for properties below the development · 8.5m height limit is exceeded – overshadowing impacts. Ground level has been artificially raised · Notification period should be extended – difficult to obtain professional advice about the proposal over the Christmas/New Year period · Not enough information on Council’s website · Floor area calculations include external open areas which would be easy to enclose at a later date · View loss for adjoining property · Unclear as to whether deep soil zone, setback and excavation requirements in DCP will be complied with · Current building contains asbestos – removal needs to be done according to requirements · Safety concerns with access to the site · Proposed design out of character with Scotts Head village · Too many variations to Council’s DCP · Three storey, not two storey dwelling · Setback inadequate · Southern setback deficient · Deep soil zone deficient · Total footprint is misleading · Proposed excavations too great
STATUS: Awaiting revised plans – 7 day letter sent
DA NO		DATE OF RECEIPT		PROPOSAL		PROPERTY DESCRIPTION
2015/215		15/12/2015		Dwelling-House		Lot 342 DP 1186161, 19a Bent Street, Nambucca Heads
One submission has been received – it opposes the proposal · View loss · Privacy/overshadowing · Stormwater runoff
STATUS: Additional information provided – being assessed
DA NO		DATE OF RECEIPT		PROPOSAL		PROPERTY DESCRIPTION
2016/010		27/01/2016		45 Lot Residential Subdivision		Lot 2 DP 1076480 & Lot 21 DP 1084161, Upper Warrell Creek Road, Macksville
Six submissions have been received · One submission raises site-specific concerns about an on-site sewage management system · Additional properties could increase stormwater and flooding issues at Kings Point. · Four submissions request the erection of a colourbond fence at the applicant’s cost prior to earthworks commencing due to dust and noise concerns
· No objection to the DA, however town water and sewer should be connected to his property by the applicant prior to subdivision being released.
STATUS: Additional information due 25 March 2016
DA NO		DATE OF RECEIPT		PROPOSAL		PROPERTY DESCRIPTION
2009/045		15/01/2016		Consolidation of Multiple Lots into Three Rural Lots		Lot 5, 7 & 9 DP 729466, Lot 1 DP 18490, Lot 198 DP 755564, Lots 1 & 2 DP 114790 Whip Mountain Road Yarranbella
One submission has been received. · The adjoining owners want a road which accesses their property to remain open.
STATUS: Additional information due 30 March 2016
DA NO		DATE OF RECEIPT		PROPOSAL	PROPERTY DESCRIPTION
2016/008		20/01/2016		Two Lot Boundary Adjustment	Lot 11 DP 1170356 & Lot 13 DP 1172999, 7115 Pacific Highway, Valla
One submission has been received · The objector has issues with a right of carriageway which benefits his property.
STATUS: Awaiting RFS response – due mid March
DA NO		DATE OF RECEIPT		PROPOSAL	PROPERTY DESCRIPTION
2016/014		02/02/2016		Alterations and Additions to Existing Aged Care Facility	Lot 1 DP 1108420, 17-23 Piggott Street, Nambucca Heads
One submission has been received · No real objection – just want to ensure that stormwater and drainage are well-built and maintained.
STATUS: Being assessed
DA NO		DATE OF RECEIPT		PROPOSAL	PROPERTY DESCRIPTION
2016/004		15/01/2016		Dwelling Additions	Lot 14 Section B DP 5358, 2 East Street, Macksville
One submission has been received – it opposes the development · View loss, thought part of this property used to be public space, setback, overdevelopment, floor space ratio, cost of development undervalued, flooding, privacy, noise, traffic, loss of amenity
STATUS: Being assessed.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 17 March 2016

General Manager

ITEM 9.12 DA2014/198 170316 Modification to Development Consent DA2014/198

AUTHOR/ENQUIRIES: Daniel Walsh, Senior Town Planner

Summary:

Development consent was granted for a 26 lot subdivision of Lot 42 DP 711098 - Old Coast Road, North Macksville on 27 February 2015 as part of development application DA2014/198 and was modified by Council on 24 September 2015 by amending conditions relating to the timing and scale of works. A copy of the approved plan has been included within attachment 2 and the existing development consent within attachment 3.

The subject modification application seeks to amend condition 2 of the consent by permitting the construction and sealing of Old Coast Road (OCR) from the development through to Florence Wilmont Drive (FWD) to satisfy Councils access requirements. To do this it is proposed to utilise an existing 20m wide right of carriage way which connects OCR and FWD. Under the Conveyancing Act 1919, Council has the authority to authorise any persons to use the right of carriageway.

A copy of the applicants request to modify the development consent has been included within attachment 4 and the proposed concept plan of the road extension has been included within attachment 5.

The application was notified to surrounding residents in accordance with Part A of the Nambucca Development Control Plan 2010 with 33 submissions received.

The application has been assessed in accordance with the Environmental Planning and Assessment Act 1979 and subject to the recommended conditions of consent, is considered to be consistent with all of the relevant matters for consideration subject to the recommended conditions of consent contained within attachment 10.

The modification application is being referred to Council for determination because approval of the application will require Councils authorisation for the public to use the 20m wide right of carriageway.

NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the Council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan. Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

Recommendation:

That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2014/198 for a 26 lot subdivision at Lot 42 DP 711098 - Old Coast Road, North Macksville by amending conditions 2 & 21 of the development consent to permit the construction of an access road connecting Old Coast Road and Florence Wilmont Drive as outlined within attachment 10 of this report.

OPTIONS:

a) Approve the application to modify the development consent in accordance with the recommendation.

b) Approve the modification application subject to amendments to the recommendation. Please note that only conditions subject to the modification application can be modified.

c) Refuse the modification application.

DISCUSSION:

At Council’s meeting on 25 February 2016 it was resolved:

“1. That this item be deferred to a meeting in March to enable an onsite inspection of the site and consideration of concerns raised in the submissions received.

2. That prior to determining this matter Council receive a report on the bushfire implications for both Kingsworth Estate and Old Coast Road residents pending the closure of the Old Coast Road as a through road. Further, that Mr Chris Clark from the RMS be invited to attend this meeting.

A plan showing the new access arrangements along Old Coast Road (OCR) as a consequence of the highway upgrade is shown on attachment 1. In summary the existing Old Coast Road will end in a cul-de-sac to the north of Florence Wilmont Drive (FWD) and the through route connection between Wirrimbi Road and the existing Pacific Highway will instead be provided by a new service road located to the west of the new highway alignment. Without any changes to the existing arrangements, the existing Old Coast Road on the eastern side of the highway alignment will become a 2.8km long cul-de-sac north of Mattick Road, whilst Florence Wilmont Drive will remain a 2.1km long cul-de-sac.

Providing the connection between FWD and OCR will provide improved egress from the area in the event of a flood or a bushfire. As can be seen in the flood map included within attachment 9, the proposed connection is the only flood free egress from the Pelican Caravan Park, The Nambucca Motel, Kingsworth Estate, a church, and future development within the 12ha of business park zoned land which includes the former Kennwal Ford dealership.

The proposed connection will also provide an alternate egress from Kingsworth Estate in the event its eastern entrance was cut as a result of a bushfire originating in the State forest to the north and from the development site if a bushfire were to be approaching from the south. There are also about 5 houses along Old Coast Road north of Mattick Road which would similarly benefit.

The NSW Rural Fire Service publication, Planning for Bush Fire Protection contains a performance criteria that public road widths and design allow safe access for firefighters while residents are evacuating an area. A section on acceptable solutions provides, “all roads are through roads. Dead end roads are not recommended, but if unavoidable, dead ends are not more than 200 metres in length, incorporate a minimum 12 metres outer radius turning circle, and are clearly signposted as a dead end and direct traffic away from the hazard”. The proposed connection will result in Kingsworth Estate becoming compliant with the access provisions within Planning for Bushfire Protection 2006.

Besides the advantages for emergency access in times of fire and flood, the proposed connection would potentially improve emergency response times (fire, police, ambulance) by allowing emergency vehicles access via either Old Coast Road or Florence Wilmont Drive. The proposed connection would also provide time and cost benefits for public utilities and publicly funded services such as school busing, Australia Post, Essential Energy, as accessing properties along a “through” route will be more efficient that two x 2km plus cul-de-sacs.

Background of Proposal and Description of Modification Sought

Development consent was granted for a 26 lot subdivision of Lot 42 DP 711098 - Old Coast Road, North Macksville on 27 February 2015.

On 24 September 2015, Council modified the development consent by permitting the release of one lot with limited road construction works subject to the payment of a bond, the required footpath to be a widened shoulder of the upgraded Old Coast Road (OCR) pavement instead of a concrete path, required the footpath to be constructed as part of the roadwork, clarified the requirements for the provision of services, modified the allotment configuration, and altered the location of the right of carriageway which connects the development to the adjoining public reserve.

A copy of the approved plan has been included within attachment 2 and the existing development consent within attachment 3.

A copy of the applicants’ current request to vary the development consent has been included within attachment 4. In summary, Condition 2 of the development consent requires sealed access to be provided across each lots frontage to a public road and a continuous bitumen seal from each lot to an urban area. It requires OCR to be upgraded to provide the continuous seal to the urban area (Macksville).

The proposed modification seeks to amend condition 2 by permitting the extension of the bitumen sealed road from the development through to Florence Wilmont Drive (FWD). A copy of the proposed concept plan has been included within attachment 5.

Planners Comment

The requirement for the applicant to provide a continuous bitumen seal to an urban area and seal all frontages to proposed lots is contained within clause B3.4.5 of the Nambucca Development Control Plan 2010 (DCP). The applicants suggested condition and concept plan does not include the sealing of the sites frontage to OCR. However, subject to the maintenance of the existing provisions to seal the development sites frontage to OCR; the proposed connection of OCR to FWD will be consistent with clause B3.4.5 of the DCP.

Having regard to the issues relating to the proposed connection of OCR and FWD, the following comments are made:

· The existing road reserves of OCR and FWD are linked by a 20m wide right of carriageway (ROC) illustrated as ‘C’ on deposited plan (DP) 1049360 contained within attachment 6. The ROC was created under the Conveyancing Act 1919, with Nambucca Shire Council being the authority benefited by the ROC.

The instrument created under section 88B of the Conveyancing Act 1919 which accompanied the registration of DP 1049360 did not contain any specific terms. Therefore, the terms for a ROC contained within Part 1 of Schedule 4A of the Conveyancing Act 1919 apply. These are:

Part 1 Right of carriage way

Full and free right for the body in whose favour this easement is created, and every person authorised by it, to go, pass and repass at all times and for all purposes with or without animals or vehicles or both over the land indicated herein as the servient tenement.

In the subject case, Nambucca Shire Council is in favour of the easement. As such, Council has the ability to permit the construction of a vehicular access road over the easement and authorise members of the public to use the access.

It is noted that the description of the easement identified as ‘C’ as referred to above is titled ‘Right of Carriageway and Easement for Services’. This enables Council to authorise people to use the easement for access as referred to above, and to undertake the following in accordance with Part 9 of Schedule 4A of the Conveyancing Act 1919:

Part 9 Easement for services

1 The body having the benefit of this easement may:

(a) provide domestic services supplied by that body through each lot burdened, but only within the site of this easement, and

(b) do anything reasonably necessary for that purpose, including:

• entering the lot burdened, and

• taking anything on to the lot burdened, and

• carrying out work, such as constructing, placing, repairing or maintaining pipes, poles, wires, cables, conduits, structures and equipment.

2 In exercising those powers, the body having the benefit of this easement must:

(a) ensure all work is done properly, and

(b) cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and

(c) cause as little damage as is practicable to the lot burdened and any improvement on it, and

(d) restore the lot burdened as nearly as is practicable to its former condition, and

(e) make good any collateral damage.

3 For the purposes of this easement, domestic services includes supply of water, gas, electricity, telephone and television and discharge of sewage, sullage and other fluid wastes.

· Part B2.1 of the DCP contains general design principles which require subdivisions to provide inter-connected roads rather than a network of cul-de-sacs and no through roads to promote pedestrian access, bicycle use, public transport and to reduce the energy required for transportation purposes. The proposed connection of OCR and FWD will ensure this common planning principle is adopted to the existing Kingsworth Estate development and will improve the proposed developments connectivity and consistency with this clause by not increasing the amount of no through roads within the locality.

Please note that due to the steep topography of the land, flooding/flora and fauna constraints, construction costs, and additional road maintenance costs for Council; it is not considered appropriate or reasonable to require the applicant to connect the proposed internal subdivision road to Lumsden Lane instead of the proposed connection of OCR and FWD.

· Council’s intention for FWD to be connected to OCR is best illustrated on the former deposited plans which created Kingsworth Estate. These are included within attachment 6. The existing residential allotments within Kingsworth Estate were created in three stages. The first stage is illustrated within DP 711098. The second stage is illustrated in DP 816018 and included an extension of FWD and the creation of a ROC to connect the end of FWD with OCR through the residual allotment. The third stage is illustrated within DP 1049360 and included the extension of FWD (20m wide) along the ROC (20m wide) to service the development and the retention of the remainder of the ROC within the residual lot 3. Please note lot 3 is now known as Lot 64 DP 1167978 due to the creation of a lot to accommodate Councils water reservoir.

The intent was that the developer would make the connection between FWD and OCR as part of the development of lot 3 (Lot 64 DP 1167978). However, the developer has since sold the land and the development of Lot 64 DP 1167978 has not yet eventuated to its full potential. Please note that on 2 February 2015 Council approved development application DA2014/205 for a two lot subdivision of Lot 64 DP 1167978. The approved plan has been included within attachment 7. A condition was included within the development consent for DA2014/205 that the ROC be dedicated to Council as a public road. It is considered that this should have been done as part of the previous stages of the Kingsworth Estate development instead of the ROC approach as this would have avoided the misunderstanding which has eventuated within the community regarding the status of the connection. Construction of a sealed connection between FWD and OCR was not considered reasonable due to the scale of the development, construction costs, and the development potential of the residue lot 1.

More recently, Councils intention to connect FWD and OCR is evident in its requests to the NSW Roads and Maritime Service to construct the road as part of the Pacific Highway upgrade.

· The new Pacific Highway bypass will result in OCR becoming a dead end road 700m north of the proposed connection to FWD. Plans of the bypass currently under construction have been included within attachment 8. In order to travel north along OCR from the proposed connection with FWD post highway construction you will need to travel 1.8km south, cross the highway overpass at Mattick Road, then travel north along Old Coast Road towards Nambucca Heads. This will result in the travel times for residents in surrounding areas to the west of Old Coast Road (Wirrimbi) being shorter if they were to travel north to the Nambucca Heads town centre/Plaza then it would be to travel to those areas via FWD.

The same applies for residents living south of Mattick Road, as it will be shorter/faster for them to travel via the existing highway to Nambucca Heads then it would be via FWD. As such, it is considered that travel times to and from the commercial areas within Nambucca Heads will only be shorter/faster for the residents in Mattick Road (9), residents of the subject development (26), and residences in between (3). It should also be noted that it will be shorter for all of those residences to travel to the Macksville town centre than it would be to travel to the Nambucca commercial areas. In addition to this, it will not only be shorter/faster for these residents to access the new highway via the Mattick Road on ramp (no need to use FWD) but will improve accessibility for many residents within the western section of Kingsworth Estate to access the new highway.

It is to be noted that the new highway will have an interchange to access Nambucca Heads adjacent to the Valla urban release area. Given that it will be considerably shorter for motorists to exit at this interchange to access Nambucca Heads than it would be to exit at the off ramp to OCR (south bound only), it is not considered that additional traffic from the new highway would be directed through the proposed connection.

Furthermore, given that it is shorter and faster to travel from the entrance to FWD along the existing highway to Macksville and the on ramp to the Pacific Highway bypass; it is not considered that the proposed connection will generate additional west bound traffic along FWD.

It should be noted that an unsealed track has provided access from FWD to OCR for many years. In this regard, traffic generation will not be significantly increased as any west bound traffic using the connection to OCR will most probably be already using it.

Having regard to the above, it is considered that the proposed connection will primarily benefit the residents of Kingsworth Estate and surrounding 38 residents (including the proposed development) in providing increased connectivity and shorter travel distances/times.

· FWD has a carriageway width of 7m, verges in excess of 4m, will serve less than 170 lots if the proposed connection is approved (144), and has a speed limit of 50km/h. In this regard, the design of FWD is in accordance with the local road provisions of Councils design standards outlined in clause B2.3.3 of the DCP. Furthermore, given that the proposed connection will result in additional traffic generated by 38 residential lots and that it was designed to accommodate through road traffic, it is not considered that the life of the pavement of FWD will deteriorate significantly faster as a result of the expected traffic increase than what would already occur.

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 ASSESSMENT

The proposed modification application is assessed against the relevant subsections of section 96 of the Environmental Planning and Assessment Act 1979 as follows:

SECTION 96(1A)
Council may on application being made by the applicant or any other person entitled to act on a consent granted by Council, modify the development if:
	Complies	Comments
(a) It is satisfied that the proposed modification is of minimal environmental impact,	Yes	The proposal will require the upgrade of an existing unsealed track which will include minor tree removal and excavation works. Given the existing disturbance of the site and use; it is not considered that the formalisation of the connection will result in any significant environmental impacts.
(b) It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all),	Yes	It is considered that the development will remain substantially the same development for which consent was originally granted as the proposed modifications will result in only minor changes to conditions relating to access to the development.
(c) It has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent,	Yes	The application was notified in accordance with Part A of the Nambucca Development Control Plan 2010.
(d)It has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.	Yes	33 submissions were received with the following reasons for objection raised: · The increase of traffic flow will not benefit the already compromised conditions of FWD bringing increased noise and hazardous safety issues for road users due to there being no footpath. Planners comment: As outlined earlier, additional traffic generation along FWD as a result of the development will be 38 residential lots (existing and proposed). With Macksville being closer than Nambucca Heads to all of those 38 lots as well as Pacific Highway access being obtained via OCR, the use of FWD by residents of those lots for all vehicular trips is highly unlikely. Given the existing use of FWD, extent of the traffic generated by the proposal, and the proximity of the existing and future Pacific Highway to Kingsworth Estate; it is not considered that the proposal will adversely increase noise pollution within the locality. Although there are no constructed footpaths, FWD currently has sufficient width of road pavement and substantial verges for pedestrian movement which are compliant with the design standards of Councils DCP. · Kingsworth Estate was sold as a land locked estate with the right of carriageway over private property at the end of FWD for emergencies. The right of residents to a quiet enjoyment of this estate would be totally changed and property prices will drop. Planners comment: The ROC was not created for emergency use only and having regard to the above, it is not considered that the traffic flows on FWD would be substantially altered. As such, it is considered unlikely that the proposal would significantly impact property prices within the area. · The track to Old Coast Road and cycle ways off Jacks Ridge Road are more than adequate for pedestrians and cyclists. Planners comment: The current access track was relocated from a position outside the ROC by the owners of Lot 64 DP 1167978 during works associated with the erection of the newly constructed house on that lot. Council staff have been informed that this was due to the continued desire for people to drive through to and from OCR. The use of this track by both vehicles and pedestrians is considered to be unsafe in its existing condition due to its narrow width, no shoulders and blind corners. Given that previous attempts to block the track to vehicles in the past have failed due to people removing obstructions and trespassing outside the ROC; it is considered unlikely that Council or the landowner could effectively close off potential vehicular access without undertaking substantial works which would eliminate it as an emergency egress route. As such, construction of a formalised connection with designated footpath/cycleway as per the recommended conditions of consent will ensure the safety of the ROC is improved and liability minimised. · An alternate route via Lumsden Lane to the Pacific Highway would cause less impact to the residents of the Kingsworth Estate. Planners comment: Connection of the development site to Lumsden Lane would result in substantial environmental disturbance and construction cost to the applicant, as well as increased road maintenance costs to Council due to the additional road length dedicated to Council control. Having regard to this and that Lumsden Lane is flood prone, it is considered that the upgrade and use of existing roads in the control of Council is the most appropriate option. · The removal of trees will increase noise from the new highway on Kingsworth Estate. Planners comment: Approximately 30 regrowth trees (<200mm diameter) and 4 mature trees will be required to be removed to upgrade the existing track. However, the existing vegetation between Kingsworth estate and the new highway cannot be relied on as a road noise buffer as vegetation does not provide a continuous barrier to reduce noise levels. · There is an unknown about the future development which will occur on Lot 64 DP 1167978 (lot with connector road proposed) and the adjoining lot to the north of that (Lot 187 DP755550). The future subdivisions on these lots will only increase traffic further. Planners comment: Lot 64 DP 1167978 is the 20ha residue lot to the Kingsworth Estate development and is the only other lot which can be subdivided which would utilise FWD as its access. Given the constraints of the lot, achieving 20 x 1ha allotments is considered to be unachievable. With this in mind and the design standards contained within the DCP, it is considered that FWD is capable of accommodating future traffic generation. · The road verge along OCR is a wildlife corridor and contains Koala feeding trees. Planners comment: Previous environmental studies have identified that the area contains Koala feeding trees, however is not core koala habitat. · FWD does not comply with DCP design standards and will deteriorate faster as a result of increased traffic. Planners comment: As outlined earlier, FWD is a local road which is consistent with design standards within clause B2.3.3 of the DCP. Given the low expected increased traffic and the intended carrying capacity of FWD, it is not considered that the life expectancy of the road pavement will be significantly shorter than what is currently expected. · The ROC is in private property and Council can only authorise employees and contractors to use it, not a third party. Planners comment: As outlined earlier, Council is benefited by a ROC and can authorise it to be used by any persons. · The connection of FWD to OCR will only encourage people leaving the new highway at OCR to take the “back way”. Planners comment: As outlined earlier, it will be faster and a shorter distance for motorists to travel via the existing highway form the new Pacific Highway off ramp compared to using OCR/FWD. · OCR will remain unsealed which will add maintenance/upgrade costs to Council. Planners comment: It is recommended that condition 2 of the development consent be maintained so that the frontage of the development site to OCR is sealed. The upgrading works as part of the Pacific Highway construction will result in OCR being sealed from its intersection with the existing highway at Macksville through to approximately 60m of the development sites frontage. As such, the development consent will result in sealed access towards Nambucca and Macksville. · Council staff have previously advised that FWD would not be required to be connected to OCD as a result of development on Lot 64 DP 1167978. Planners Comment: Council staff have advised that a proposal for a single dwelling or two lot subdivision of Lot 64 DP 1167978 would not be required to make the connection. This is seen in the determination of DA2014/205 as referred to above. This did not relate to the proposed subdivision or further subdivision of Lot 64 DP 1167978. · The owners of Lot 64 DP 1167978 have invested money in constructing their new home adjacent to the ROC. Council has not considered the effects on them having regard to liability and costs associated with driveway, fencing and losing frontage to the cul-de-sac. Planners Comment: Prior to commencing construction of the dwelling on Lot 64 DP 1167978, Council staff discussed Councils intention to seek the RMS to make the connection of OCR and FWD. Acknowledging this, the owners amended the dwelling design so that it fronted the ROC instead of the cul-de-sac. It is also recommended to be included as a condition of consent that the applicant be responsible for all costs associated with the proposed connection. This is to include fencing and driveway relocations. The owners of Lot 64 DP 1167978 have given their permission for the ROC to be dedicated to Council as a public road should the application be approved in order to remove themselves from any potential liability. The costs associated with this will be transferred to the applicant and has been incorporated into the recommended conditions of consent. · The connection should be made using asphalt and kerb/gutter to match the existing FWD and not spray seal and gravel shoulders. Planners Comment: The use of asphalt and installation of kerb/guttering within FWD has been included within the recommended conditions of consent to promote consistency with the existing streetscape. · The bicycle/pedestrian path should be located on the northern side of the ROC instead of the southern side. Planners Comment: It is considered that the most practical side of the road for the path is on the southern side of FWD as requiring a crossing on OCR increases safety hazards.

SECTION 96 (3) & (5)
(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application. The matters referred to in section 79C (1) are as follows:
	Complies	Comments
a the provisions of:
(i) any environmental planning instrument, and	Yes	The proposed modification will not be contrary to any provision of an EPI which applies to the land.
(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and	Yes	There are no draft instruments that have been placed on exhibition that are relevant to the land.
(iii) any development control plan, and	Yes	Subject to maintaining the condition requiring the sealing of the development sites frontage to Old Coast Road, it is not considered that the proposed modification is contrary to any provision of the Nambucca Development Control Plan 2010.
(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, and	Yes	No planning agreement or any draft planning agreement has been entered into under section 93F.
(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and	Yes	There are no relevant matters prescribed by the regulations.
(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),	Yes	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,	Yes	Subject to the recommended conditions of consent, it is not considered that the proposal will result in any significant impacts on the natural or built environments or any adverse social or economic impacts on the locality due to its location within a predominantly disturbed location, the small extent of potential traffic generation and ability for the road network to accommodate such an increase.
c the suitability of the site for the development,	Yes	The modification will not impact on the suitability of the site for the proposal.
d any submissions made in accordance with this Act or the regulations,	Yes	Submissions received have been considered earlier in this report.
e the public interest.	Yes	Subject to the recommended conditions of consent, it is not considered that the proposed development is contrary to the public interest because it will not result in any significant impacts on the natural, social, or economic environments.
(5)Development consent of the kind referred to in Section 79B(3) is not to be modified unless the requirements of Section 79B(3)-(7) have been complied with in relation to the proposed modification as if the proposed modification were an application for development consent.	Yes	The subject site does not contain any critical habitat and it is not considered that the proposed modifications will result in the development having any significant impacts on threatened species, populations, communities or their habitats.

CONSULTATION:

· The application was notified in accordance with Part A of the DCP.

· Manager of Technical Services

SUSTAINABILITY ASSESSMENT:

Environment

Having regard to the extent of works associated with the proposed modification and location within a predominantly modified area; it is not considered that the proposal will result in any adverse environmental impacts.

Social

Given the expected traffic generation as a result of the proposal and the ability for FWD to accommodate the additional loading, it is not considered that the proposal will have any adverse social impacts.

Economic

While there will be an increase in traffic on FWD, it is not considered that it will be at a level that will adversely affect the amenity of residents. Having regard to this and the additional connectivity the link will provide residents of Kingsworth Estate, it is not considered that the proposal will have any adverse economic impacts on the locality.

Risk

Nil.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Nil.

Source of fund and any variance to working funds

N/A

Service level changes and resourcing/staff implications

N/A

Attachments:

1	8193/2016 - Plan of new services road
2	5405/2016 - Approved Plan
3	5404/2016 - Existing Consent
4	5403/2016 - Applicants Modification Request
5	5402/2016 - Concept Road Design
6	5401/2016 - Former Deposited Plans
7	5400/2016 - DA2014.205 Approved Plan
8	5399/2016 - Highway Upgrade Plans
9	5398/2016 - Flood Map
10	5397/2016 - Schedule of Conditions
11	5396/2016 - Public Submissions

Ordinary Council Meeting - 17 March 2016

Modification to Development Consent DA2014/198

ATTACHMENT 9 – SCHEDULE OF CONDITIONS

GENERAL CONDITIONS OF THIS CONSENT

Development is to be in accordance with approved plans

1. The development is to be implemented in accordance with the plans endorsed with the Council stamp, dated 28/9/15, and set out in the following table except where modified by any conditions of this consent.

Plan Title	Dwg No	Prepared by	Dated
Site Plan	DA01	De Groot & Benson	August 2015
Cul De Sac Plan	DA02	De Groot & Benson	August 2015

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

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

Engineering Construction Plans

2. Three (3) copies of engineering construction plans and specifications must accompany the Construction Certificate application. Such plans are to provide for the works in the following table in accordance with Council’s current Design and Construction Manuals and Specifications.

Required work	Specification of work
Street Name Signs		Street name signs and posts to all proposed new roads. (Note: street/road names proposed for the subdivision must be submitted for Council approval 12 weeks prior to lodgement of the Subdivision Certificate application. A suitable name for any new road/s must be in accordance with Council’s adopted policy).
Full Width Road Construction		Full width road and drainage construction for all proposed roads on the approved plan, minimum 6m seal on an 8m formation. Concrete dish drains are required where table drain gradients are less than 1% or more than 5%. Sealed shoulders shall extend to the table drain. Open table drains are to be turf lined and supplemented with subsoil drainage. The intersection of Old Coast Road and the proposed subdivision road shall be designed in accordance with Austroads Guide to road design – Intersections. Old Coast Road shall be constructed and sealed to public road standards to provide sealed frontages to each lot and a continuous bitumen sealed road to connect each lot to an existing urban area. Council acknowledges that sections of Old Coast Road heading towards Macksville will be sealed as part of the Pacific Highway bypass and is willing to accept design plans that illustrate the sealing of Old Coast Road to the end point of the highway sealing works. Sufficient documentation is required to be submitted as part of the construction certificate application. A bus stop is to be provided at the entrance to the subdivision. The radius of the cul-de-sac head shall be a minimum of 12 m and guide posts shall be installed around the perimeter. A temporary 12m radius gravel turnaround shall be provided at the termination of each stage of road construction. This development consent also authorises full width road and drainage construction connecting Florence Wilmont Drive and Old Coast Road for public use within the right of carriageway marked ‘B’ on Lot 64 DP 1167978. Such a connection shall be constructed using asphalt and installing kerb and guttering which is consistent with the existing pavement road formation within the western section of Florence Wilmont Drive. The intersection of Old Coast Road and Florence Wilmont Drive shall be designed in accordance with Austroads Guide to road design – Intersections. Relocation of any driveways and fencing within Lot 64 DP 1167978 is to be illustrated on the plans accompanying the construction certificate to the satisfaction of Council and is to be undertaken at the expense of the developer.
Footpath Construction		A minimum 1.2 metre wide sealed public footpath from the entrance of the development site to Florence Wilmont Drive. The footpath is to be located on the eastern side of the Old Coast Road carriageway and is to connect to the road verge on the southern side of the existing Florence Wilmont Drive road reserve through the existing 20m wide right of carriageway located within Lot 64 DP 1167978. If the footpath is to consist of a widened sealed shoulder of the road carriageway, it is to be delineated by line marking and guide post separation. The section of footpath within the 20m wide right of carriageway located within Lot 64 DP 1167978 must consist of a concrete footpath within the road verge.
Driveways Rural – sealed roads		Sealed driveways, in accordance with Council’s rural driveway standards, from the edge of the bitumen to 3 metres within the property boundary to each of the proposed new allotments. Minimum 375 RCP and headwalls through the table drain
Service Conduits		Service conduits to each of the proposed new allotments laid in strict accordance with the service authorities’ requirements.
Estate sign and/or structure		Council will not accept ownership or responsibility for any estate sign or structure. Council will need to be satisfied that a Plan is in place that will provide for ongoing maintenance of the sign and/or structure. Council reserves the right to assess the condition of the sign or structure and also its relevance at intervals of 5 years. The Estate name will not be recognised by Council as part of a property address.
Stripping and Stockpiling		Stripping and stockpiling of existing topsoil on site, prior to commencement of earthworks, and the subsequent re-spreading of this material together with a sufficient quantity of imported topsoil so as to provide a minimum thickness of 80mm over the allotments and footpaths and public reserves, upon completion of the development works.
Culverts required across drainage channels or streams		Culvert to be designed to ensure that peak flow rates for the 1 in 10 year storm event are not affected. The applicant is to obtain any necessary approvals from the Department of Natural Resources and/or the Department of Primary Industries, Fisheries, and plans.
Stormwater Outlets		An energy dissipating pit with a suitably installed locked grated outlet to all pipes or any other drainage structures. Grates must be of galvanised weldlock construction.
Stormwater Quality		Stormwater quality must be suitable for discharge in accordance with Department of Land and Water Conservation NSW (1998) The Constructed Wetlands Manual and Landcom (March 2004), Managing Urban Stormwater, Soils and Construction.

Erosion and Sedimentation Control Plan

3. The plans and specifications to accompany the Construction Certificate application are to include a sediment and erosion control plan to indicate the measures to be employed to control erosion and loss of sediment from the site. The sediment and erosion control plan is to be designed in accordance with the requirements of the Landcom (March 2004), Managing Urban Stormwater, Soils and Construction.

The sediment and erosion control plan must be prepared by a suitably experienced person such as a person certified by:

· The Institution of Engineers, Australia, for engineering and hydrology matters.

· The International Erosion Control Association for soil conservation matters.

· The Australian Society of Soil Science for collection or analysis of soil data.

The plan must incorporate (without being limited to) information on general site management, material handling practices, soil stabilisation, water control, sediment control, wind erosion control and access measures.

Traffic Control Plan

4. The plans and specifications to accompany the Construction Certificate application are to include a traffic control plan to indicate the measures to be employed to control traffic during construction of the subdivision. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual (1998), Traffic Control at Work Sites, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

The traffic control plan must be prepared by a suitably qualified and RMS accredited Work Site Traffic Controller.

Splay corner required

5. A 7.5m splay corner is to be dedicated to Council at no cost to Council.

Sewerage and Water Mains

6. Engineering plans of the proposed water supply works shall be submitted for Council’s approval prior to the issue of the Construction Certificate.

Street Tree Planting Scheme

7. The plans and specifications to accompany the Construction Certificate application are to include a street tree planting scheme which has been prepared in accordance with the requirements of Council’s Policy.

The Plan must show all services. Plants to be used in the street tree planting scheme must:

a be a minimum size of 2 metres in height and have a minimum mature height of 5m.

b have a 50mm calliper diameter,

c be sourced from at least a 25 litre container,

d be protected by a suitable tree guard (eg a 750mm square tree guard made from a 3m “Acacia” panel painted “Caulfield Green”),

e be suitably supported by two 2100mm black star picket posts,

f provided with slow release fertiliser,

g include the provision of 125mm flexible agricultural pipe filled with 14mm blue metal for watering of the plant, and

h be mulched with 100mm of native tree mulch.

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

Construction Certificate

8. 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.

Section 138 Consent

9. Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's Adopted Engineering Standard.

Erosion & Sediment Measures

10. Erosion and sedimentation controls are to be in place in accordance with an approved Erosion and Sediment Control Plan.

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

Public Liability Insurance

11. The developer and/or contractor must produce evidence to the Principal Certifying Authority of public liability insurance cover for a minimum of $20 million. Council is to be nominated as an interested party on the policy. The public liability insurance cover is to be maintained for the duration of the period of the works and during any maintenance period.

Erection of Signs

12. 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 ARE TO BE COMPLIED WITH DURING CONSTRUCTION

Maintenance of sediment and erosion control measures

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

Inspection of Public Works

14. Development works on public property are not to proceed past the following hold points without inspection and approval by Council. Notice of required inspection must be given 24 hours prior to inspection. You must quote your construction certificate number and property description to book your inspection.

i prior to commencement of site clearing and installation of erosion control facilities;

j at completion of installation of erosion control measures;

k at completion of installation of traffic management works;

l at the commencement of earthworks;

m before commencement of any filling works;

n when the sub-grade is exposed and prior to placing of pavement materials;

o when trenches are open, stormwater/water pipes and conduits jointed and prior to backfilling;

p at the completion of each pavement (sub base/base) layer;

q before pouring of concrete for kerb and guttering;

r prior to the pouring of concrete for sewerage works;

s on completion of road gravelling or pavement;

t during construction of water infrastructure;

u prior to sealing and laying of pavement surface course.

All works at each hold point are to be certified as compliant, in accordance with Council’s current Design and Construction Manuals and Specifications, prior to proceeding to the next hold point. Council will undertake random audits of work sites to verify compliance of public works as required.

Construction times

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

a Monday to Friday, from 7.00 am to 6.00 pm.

b Saturday, from 8.00 am to 1.00 pm.

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

Builders rubbish to be contained on site

16. All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

An ecological consultant must supervise works

17. A suitably qualified and experienced ecological consultant must inspect all native trees that have been approved for removal before they are felled. If there are any koala or other fauna species in the tree, work in the vicinity is to cease until the animal has moved from the area. If it is likely that hollows are providing habitat for native species, traps are to be set for several nights and any native species found must be relocated to an appropriate nearby location.

Standards for demolition work

18. All demolition works are to be undertaken in accordance with the provision of Australian Standard AS 2601-2001 “The Demolition of Structures”.

Discovery of a Relic

19. 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.

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

Plan of Subdivision

20. 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. Three (3) copies of the plan of subdivision are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

Plan of Subdivision and Section 88B Instrument Requirements

21. The final plan of subdivision and an instrument prepared under section 88B of the Conveyancing Act 1919 are to provide for the items listed in the following table. Nambucca Shire Council shall be nominated as the sole party with the power to vary or remove the required covenants.

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument	Details of Item
Dedicated Public Road Access	Dedication of suitable public road accesses to all proposed allotments.
Dedicated Corner Splays	Dedication of 7.5m corner splays at all street junctions and intersections.
Dedication of Right of Carriageway as Public Road	The existing 20m wide right of carriage way noted as ‘B’ on Lot 64 DP 1167978 is to be dedicated to Council as a public road. Note: This requirement is subject to obtaining final owners consent from the owners of Lot 64 DP 1167978.
Dwelling Envelope	Restrictions to limit the erection of dwellings to the nominated dwelling envelopes. The dwelling envelopes on lots 1 and 26 are to be located at least 21m from the north-western boundary for compliance with Planning for Bushfire Protection 2006.
Drainage Easements	The creation of easements for drainage of water over all drainage pipelines and structures located within the proposed allotments in accordance with Council’s policy.
Right of Carriageway	The creation of a right of carriageway for emergency access from the proposed road over adjoining Lot 101 DP 755550 as identified in Figure 2, titled ‘Proposed Emergency Access’, prepared by Clarke Dowdle & Associates and shall be in favour of proposed Lots 1 to 26. The right of carriageway shall extend over the access handle of lot 25.
Right of Carriageway	In order to provide access for all allotments to the adjoining public open space, provide a right of carriageway 5m wide, or of such width as approved by Council, over proposed Lot 8 or 9 to benefit the owners of Lot 40 DP 711098 (Council). The right of carriageway is to extend from the proposed road to the boundary of Lot 40 DP 711098.
Boundary Adjustment	The boundary between proposed Lot 9 and Lot 40 DP 711098 is to be adjusted to ensure that a 1.5m access way between the dam and the allotment boundary is available for public access within the adjoining reserve. A survey plan demonstrating compliance with this condition is to be submitted to Council prior to the issue of a subdivision certificate.
Asset Protection Zone	A restriction on the land shall be placed on all lots shown on the approved plan, burdening them with the provision of an Asset Protection Zone (APZ) for future dwellings that fall outside their boundaries. The restriction is to be worded to benefit adjoining allotments and enable future dwellings on them to obtain a bushfire attack level of at least BAL 29. These APZs shall be maintained by the owners of those lots benefited as outlined within Section 4.1.3 and Appendix 5 of Planning for Bushfire Protection 2006 and the NSW Rural Fire Services document Standards for Asset Protection Zones. This restriction can be extinguished upon commencement of any future proposed residential development on the adjacent lots but only if the hazard is completely removed during the course of undertaking approved works.
Hazard Reduction	A restriction to the land use pursuant to section 88B of the 'Conveyancing Act 1919' shall be placed on proposed Lots 1 to 25 and land within 60m of the dwelling envelope on Lot 26 which specifies that the proposed lots cannot be sold until they are hazard reduced with vegetation managed as an outer protection area (OPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.
Easement for Services	Where necessary, the creation of suitable easements for services.

Lot Sizes

22. All lots are to be no less than 1ha in area. Lot 26 is to have a minimum of 1ha of R5 Large Lot Residential zoned land and all land within the parent lot zoned RU2 Rural Landscape.

Completion of All Works

23. All works required by this development consent and associated Construction Certificate (excluding the extension of reticulated water) are to be completed prior to the issue of a subdivision certificate.

In the event that the proposed allotments are released in stages, each lot being released must have sealed access to an urban area as required by this consent and frontage to a sealed road, with temporary turning heads provided where necessary. Relevant services are to be provided to each lot being released.

Notwithstanding the above, this development consent permits Council to approve a subdivision certificate for the release of no more than 1 additional lot (either lot 1 or 26) on the approved plan without the required sealing, intersection, or footpath works being undertaken. This provision is subject to the applicant paying Council a $100,000 bond for future extensions to the Old Coast Road bitumen seal and providing a dual entrance off Old Coast Road designed in accordance with Councils engineering standards to service the two allotments (either lot 1 or 26 and residue lot).

Note: Should subdivision works be physically commenced, the bond figure is subject to review by Council after five years from the date of this consent.

Erection of Street Signs

24. Street signs are to be erected showing the approved street name in accordance with this development consent and the Construction Certificate approval.

Rural House Numbering

25. Prior to the issue of a subdivision certificate, apply for and obtain a rural address number for each lot from Council.

Redundant Infrastructure

26. Any irrigation pipes or redundant electricity wires within the road reserve to be dedicated to Council are to be removed.

Certificates for Engineering Works

27. The submission of all test certificates, owners manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s Adopted Engineering Standard.

Works-As-Executed Plans

28. Works-as-executed plans, certified by a suitably qualified engineer or a registered surveyor, are to be submitted with the application for a subdivision certificate. Where the design is carried out utilising computer aided design CAD, all cad computer files are required to be provided on CD (Compact Disc) with the final drawings. The CAD files must include all lot and road boundaries, lot numbers and easements. The data is to be supplied in accordance with the requirements of Council’s GIS Officer.

Certificate for Pipes, Access Driveways, etc. Within Easements

29. A certificate from a registered surveyor is to be submitted to Council certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements/road reserve.

Maintenance Bond

30. A maintenance bond of 10% of the value of the works constructed is to be lodged with Council. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 12 months and will commence from the date of issue of the final Compliance Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

Record of Infrastructure

31. A record of infrastructure coming into Council ownership, upon registration of the final plan of subdivision, is to be submitted to Council.

Bushfire Protection

32. In accordance with Section 91 of the Environmental Planning and Assessment Act 1979 the following conditions are 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:

(a) Asset Protection Zones

A restriction to the land use pursuant to section 88B of the 'Conveyancing Act 1919' shall be placed on proposed Lots 1 to 25 and land within 60m of the dwelling envelope on Lot 26 which specifies that the proposed lots cannot be sold until they are hazard reduced with vegetation managed as an outer protection area (OPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

(b) Water and Utilities

Water and electricity are to comply with Section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

i. Public road access shall comply with Section 4.1.3 (1) of ‘Planning for Bushfire Protection 2006’. A temporary turning circle is to be incorporated as part of any staging of the release of allotments.

ii. The proposed emergency access road on adjoining Lot 101 DP 755550 as identified in Figure 2, titled ‘Proposed Emergency Access’, prepared by Clarke Dowdle & Associates shall:

· Be pursuant to section 88B of the Conveyancing Act 1919 and in favour of proposed Lots 1 to 26.

· Be constructed in accordance with Section 4.1.3 (2) of ‘Planning for Bushfire Protection 2006’.

Electricity Supply Certificate

33. 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

34. 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.

Section 94 Contributions

35. Contributions set out in the following schedule are to be paid to Council prior to the release of the subdivision certificate. 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.

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	25	$1,956	$48,900	June 2015
Surf Life Saving Equipment	Lot	25	$110	$2,750	June 2015
Section 94 Administration Charge	10 % of above contributions		$206.60	$5,165	June 2015
TOTAL			$2,272.60	$56,815.00	June 2015

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.

· 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 17 March 2016

General Manager's Report

ITEM 9.13 SF1148 170316 Council Ranger's Report February 2016

AUTHOR/ENQUIRIES: Teresa Boorer, Business Services Officer

Summary:

The following is the Council’s Ranger’s report regarding Council’s Companion Animal Activities and listing of penalty notices issued by Council’s Ranger for February 2016.

Recommendation:

That Council’s Ranger’s report for February 2016 be received and noted by Council.

	Cats	Dogs
COUNCIL’S SEIZURE ACTIVITY
Seized (doesn’t include those animals dumped or surrendered)	0	0
Returned to Owner	0	0
Transferred to - Council's Facility from Seizure Activities	0	0
ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY
Animals In Council's Facility - (Start of Month)	0	6
Abandoned or Stray	0	8
Surrendered	12	0
Animals transferred from Seizure Activities	0	0
Total Incoming Animals	12	14
ANIMALS LEAVING COUNCIL'S FACILITY
Released to Owners	0	7
Sold	0	1
Released to Organisations for Rehoming	0	0
Died at Council's Facility(other than euthanased)	0	0
Stolen from Council's Facility	0	1
Escaped from Council's Facility	0	0
Other	0	0
EUTHANASED
Restricted Dogs		0
Dangerous Dogs		0
Owner’s Request	0	0
Due to Illness, Disease or Injury	0	0
Feral/infant animal	12	0
Unsuitable for rehoming	0	3
Unable to be rehomed	0	1
Total Euthanased	12	4
Total Outgoing Animals	12	12
TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)	0	2

February 2016		PARKING
REGO NO.	PN NUMBER	INFRINGEMENT DETAILS	PENALTY $	DATE ISSUED
BR-44-CE	3120698424	Stop in Bus Zone	248.00	10/02/2016
YMJ-162	3120698415	Stop in Bus Zone	248.00	10/02/2016
MEGANB	3120698433	No angle park as on parking control sign	106.00	10/02/2016
AJF-98S	3120698442	Loading Zone	177.00	10/02/2016
293-LYN	3120698451	Loading Zone	177.00	10/02/2016
BP-20-JL	3120698460	Loading Zone	177.00	10/02/2016
XZK-813	3120698470	No Stopping	248.00	10/02/2016
AYL-07M	3120698489	No Stopping	248.00	10/02/2016
TFK-276	3120698498	No Disable permit displayed	531.00	10/02/2016
BU-11-ZE	3120601000	Not park in direction of travel	177.00	10/02/2016
BY-18-ME	3120601010	No angle park as on parking control sign	106.00	10/02/2016
AT-47-BZ	3120601029	No angle park as on parking control sign	106.00	10/02/2016
CB-77-KX	3120601038	No angle park as on parking control sign	106.00	10/02/2016
BV-86-BA	3120601047	No angle park as on parking control sign	106.00	10/02/2016
BW-38-CT	3120601056	No angle park as on parking control sign	106.00	10/02/2016
CC-50-LY	3120601065	No angle park as on parking control sign	106.00	10/02/2016
BD-86-KK	3120601074	Not park in direction of travel	177.00	10/02/2016
BN-11-AN	3120601083	No Parking (School Zone)	177.00	10/02/2016
BMF-44H	3120601092	No Parking (School Zone)	177.00	10/02/2016
CDA-64S	3120601101	No Parking	106.00	10/02/2016
AZ-46-QG	3120601110	Loading Zone	177.00	10/02/2016
ASC-24Q	3120601120	Loading Zone	177.00	10/02/2016
YQV-262	3120601139	Not park in direction of travel	177.00	10/02/2016
229-ROV	3120601148	Not park in direction of travel	177.00	10/02/2016
THR-420	3120601157	Not park in direction of travel	177.00	10/02/2016
ZXY-182	3120601166	No angle park as on parking control sign	106.00	15/02/2016
TOB-144	3120601193	No angle park as on parking control sign	106.00	15/02/2016
CE-74-EM	3120601202	No Parking	106.00	15/02/2016
ANT-59	3120601211	No angle park as on parking control sign	106.00	15/02/2016
YPF-481	3120601220	No angle park as on parking control sign	106.00	15/02/2016
BCY-05V	3120601230	Park longer than permitted	106.00	15/02/2016
DCI-55X	3120601249	Park longer than permitted	106.00	15/02/2016
CZE-80V	3120601258	No angle park as on parking control sign	106.00	15/02/2016
CQZ-93A	3120601267	No angle park as on parking control sign	106.00	15/02/2016
BVX-64P	3120601276	No Parking (School Zone)	177.00	15/02/2016

February 2016 (cont.)		PARKING
REGO NO.	PN NUMBER	INFRINGEMENT DETAILS	PENALTY $	DATE ISSUED
CB-68-XI	3120601285	Not park in direction of travel	177.00	15/02/2016
CGD-13B	3120601303	Not park in direction of travel	177.00	15/02/2016
YQN-990	3120601312	No Parking	106.00	15/02/2016
AO-15-SP	3120601321	No Stopping (school Zone)	asc	15/02/2016
YOR-220	3120601340	Not park in direction of travel	177.00	15/02/2016
UZI-608	3120601368	No angle park as on parking control sign	106.00	15/02/2016
906-IOF	3120601404	No angle park as on parking control sign	106.00	18/02/2016
AH-97-LC	3120601386	No angle park as on parking control sign	106.00	18/02/2016
AB-27-KR	3120601386	No angle park as on parking control sign	106.00	18/02/2016
BU-15-ZC	3120601413	No angle park as on parking control sign	106.00	18/02/2016
DAF-009	3120601422	Park longer than permitted	106.00	18/02/2016
BZ-52-BT	3120601431	Park longer than permitted	106.00	18/02/2016
AU-13-JO	3120601440	Park longer than permitted	106.00	18/02/2016
AAB-36A	3120601450	No angle park as on parking control sign	106.00	18/02/2016
AWK-79C	3120601469	Not park wholly within bay	106.00	24/02/2016
AHO-51Z	3120601478	No Parking	106.00	24/02/2016
BU-01-ZN	3120601487	No angle park as on parking control sign	106.00	24/02/2016
AH-97-LC	3120601496	No angle park as on parking control sign	106.00	24/02/2016
ADJ-93Z	3120601469	No angle park as on parking control sign	106.00	24/02/2016
264-STP	3120601514	No Stopping	248.00	24/02/2016
CD-29-UF	3120601523	No angle park as on parking control sign	106.00	24/02/2016
BVB-09H	3120601532	No angle park as on parking control sign	106.00	24/02/2016
CIN-54A	3120601541	No angle park as on parking control sign	106.00	24/02/2016
BC-92-ZI	3120601550	No Stopping	248.00	24/02/2016
105-MVD	3120601560	No angle park as on parking control sign	106.00	24/02/2016
NA-61	3120601579	No angle park as on parking control sign	106.00	24/02/2016
CA-86-PD	3120601588	Double park	248.00	24/02/2016
097-KAT	3120601597	No Stopping	248.00	24/02/2016
BB-32-JS	3120601606	Not park in direction of travel	177.00	24/02/2016
CF-16-NS	3120601615	Not park in direction of travel	177.00	24/02/2016
BF-20-UY	3120601624	Not park in direction of travel	177.00	24/02/2016
CB-68-XI	3120601633	Not park in direction of travel	177.00	24/02/2016

February 2016 (cont.)		PARKING
REGO NO.	PN NUMBER	INFRINGEMENT DETAILS	PENALTY $	DATE ISSUED
BB-14-HM	3120601642	Not park in direction of travel	177.00	24/02/2016
TOB-144	3120601651	No Parking	106.00	24/02/2016
BU-15-ZC	3120601660	No angle park as on parking control sign	106.00	24/02/2016
BN-70-TX	3120601670	Not park in direction of travel	177.00	24/02/2016
		TOTAL:	10543.00

February 2016		COMPANION ANIMALS & OTHER
CHIP NO.	PN NUMBER	INFRINGEMENT DETAILS	PENALTY $	DATE ISSUED
N/A	3210601294	Fail to comply with Notice Public place	110.00	15/02/2016
N/A	3210601175	Fail to comply with Notice Public place	110.00	15/02/2016
N/A	3210601184	Fail to comply with Notice Public place	110.00	15/02/2016
N/A	3210601359	Abandoned vehicle in Public place	550.00	16/02/2016
N/A	3210601377	Abandoned vehicle in Public place	550.00	16/02/2016
N/A	3210601330	Fail to comply with Notice Public place	110.00	18/02/2016
		TOTAL:	1540.00

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 17 March 2016

Assistant General Manager Engineering Services Report

ITEM 11.3 SF408 170316 Second acquisition of Crown land for easement and road purposes on Wallace Street and Upper Warrell Creek Road Macksville

AUTHOR/ENQUIRIES: Nigel Petersen, Surveyor

Summary:

On 2 December 2010 and subsequently on 14 August 2013 Council passed resolutions pertaining to the acquisition of various parcels of Crown land for road purposes and a proposed easement for services.

The proposed development DA2009/087, a 70 lot residential subdivision was in abeyance for several years until reactivated by Nambucca Valley Care Ltd, The development had a deferred commencement condition that required the creation of an easement for a sewer main over the adjoining Crown land. generating the resolution by Council on 14 August 2013 that the developer pay the costs of acquisition

The acquisition plan was completed and registered at the Land Titles Office as DP 1186582 on 23 July 2013 and the application to Department of Local Government was lodged on 30 October 2013 for the acquisition approval pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

On 9 January 2014 Council was advised that the application had been rejected due to some of the content contained within the resolution passed by Council “That Council advise the applicant in DA2009/087 that they are required to pay all costs related to the acquisition of the easement for services including, but not limited by, legal, valuation, administration fees and the amount of compensation payable to the Crown” which inferred that Council were obtaining the land on behalf of the developer as it referred to the developer meeting all the costs within the resolution which is not the intent, as the proposed acquisition was for the sewer main which will connect to existing Council infrastructure and become part of Councils assets.

Because of other water and sewer mains in the area it was decided to widen the easement to include all Council infrastructures in the vicinity. To finalise this matter and make the application complainant pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 a new resolution is required to be passed by Council that specifically refers to the land to be acquired is for the road and the proposed easement for services.

Recommendation:

1 That Council acquire by compulsory process Lots 1 to 4 in DP 1186582, pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

2 That Council acquire by compulsory process an easement for services variable width, designated (E) in DP 1186582, for infrastructure purposes pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

3 That Council exclude minerals from the proposed acquisition.

4 That Council advise that the proposed acquisition is not for the purpose of resale.

5 That Council seek approval for the proposed acquisition from the Minister for Local Government and the Governor.

6 That the common seal of Council be affixed to all documents associated with the proposed acquisition, if necessary.

OPTIONS:

Council could refuse to proceed with the compulsory acquisition. This would have serious implications for Councils road network and existing Council services and any future services.

DISCUSSION:

The plan or redefinition of Wallace Street for the subsequent acquisition of land is to legalise access to Council assets and provide a contiguous road link. The plan was registered on 23 July 2013 an application was then made to Department of Local Government on 30 October 2013 outlining the land to be acquired and for purpose of the acquisition.

The application was rejected as it made reference to a private development within the resolution passed by Council surrounding Lot 1 and consent will not be provided for the acquisition unless the resolution is amended.

CONSULTATION:

Manager Technical Services

Assistant General Manager Engineering Services

Division of Local Government – Premier and Cabinet

SUSTAINABILITY ASSESSMENT:

Environment

There are no perceivable environmental impacts associated with this report.

Social

There would be considerable social and economic impact if the proposed acquisition did not take place, leaving sections of Council’s road network without a legal and contiguous link.

Economic

See above

Risk

There could be liability issues relating to access if Council resolves to leave the land as Crown Land.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There will be no perceivable impact on current or future budgets.

Source of fund and any variance to working funds

There are no additional funds required.

Service level changes and resourcing/staff implications

There are no resourcing or staff implications.

Attachments:

1	18064/2013 - Deposited Plan for DP1186582 Wallace Street and Upper Warrell Creek Road
2	26829/2010 - Response regarding proposed redefinition of Wallace Street & acquisition of land
3	20941/2010 - Request for Agreement in Principal - proposed acquisition Lots 1 - 4 Wallace Street
4	1105/2014 - Request for additional information and decline of application for Lots 1 - 4 Wallace Street

2016
MEETING	DATE	VENUE	COMMENCING
Ordinary Council Meeting	17 March	Missabotti Hall	5.30 PM
Access Committee Meeting	22 March	Council Chambers	2.00 PM
Ordinary Council Meeting	31 March	Council Chambers	5.30 PM
Ordinary Council Meeting	14 April	Valla Public Hall (Rural)	5.30 PM
Access Committee Meeting	26 April	Council Chambers	2.00 PM
Ordinary Council Meeting	28 April	Council Chambers	5.30 PM
Ordinary Council Meeting	12 May	Tewinga Community Centre	5.30 PM
Access Committee Meeting	25 May	Council Chambers	2.00 PM
Ordinary Council Meeting	26 May	Council Chambers	5.30 PM
Ordinary Council Meeting	16 June	Council Chambers	5.30 PM
Access Committee Meeting	28 June	Council Chambers	2.00 PM
Ordinary Council Meeting	30 June	Council Chambers	5.30 PM

1	4650/2016 - Minutes of AGM - 14 November 2015
2	7628/2016 - Treasurer's Report