Agenda of Ordinary Council Meeting

NAMBUCCA

SHIRE COUNCIL

Ordinary Council Meeting

AGENDA ITEMS

14 September 2017

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 members of the public to address it on matters not listed in the agenda provided the request is received before publication of the agenda (registration to speak may be made by telephone or in person before 2.00 pm on a meeting day) 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.

Where the subject matter concerns an on-going complaint which has been the subject of previous investigation by Council staff and/or external bodies such as the NSW Ombudsman, the General Manager in consultation with the Mayor will decide on whether or not the person will be allowed to speak 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 - 14 September 2017

Acknowledgement of Country (Mayor)

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

AGENDA Page

1 APOLOGIES

2 PRAYER

3 DISCLOSURE OF INTEREST

4 CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 31 August 2017.................................................................................. 6

5 NOTICES OF MOTION

5.1 Transfer of Rural Fire Service (RFS) Brigade Stations to the RFS or the Crown.................. 20

6 PUBLIC FORUM

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.................................................................................... 21

9.2 2016 World Rally Road Damage...................................................................................... 27

9.3 Concept Design to Provide Water and Sewerage Services to the Proposed New Macksville Hospital..................................................................................................................................... 30

9.4 Regional Cultural Fund - Expressions of Interest for Extension of the Nambucca Heads Library and Improved Sound and Lighting for the Bowraville Theatre................................................... 34

9.5 Conflict Arising from Horticulture within the Nambucca Shire............................................. 42

9.6 Review of Section 64 Developer Contributions ................................................................ 53

9.7 Development Applications greater than 12 months or where submissions received - to 6 September 2017.............................................................................................................................. 56

9.8 Development Application 2017/178 - Secondary Dwelling, Lot 9 DP 8420, 27 West Street, Macksville..................................................................................................................................... 57

9.9 2017 August - Development and Complying Development Applications Received.............. 76

9.10 2017 August - Approved Construction and Complying Development Certificates............... 79

10 Assistant General Manager Corporate Services Report

10.1 Draft Section 94A Developer Contributions Plan for Approval........................................... 84

10.2 Adin Street Reserve Committee of Management - Inaugural Annual General Meeting - 23 August 2017.................................................................................................................................... 102

10.3 Schedule of Council Public Meetings 2017..................................................................... 107

10.4 Missabotti Hall Committee of Management - Annual General Meeting - 29 July 2017......... 108

NAMBUCCA SHIRE COUNCIL

Description: nambucca valley nsc

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 31 August 2017

The following document is the minutes of the Ordinary Council meeting held 31 August 2017. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 14 September 2017 and therefore subject to change. Please refer to the minutes of 14 September 2017 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Brian Finlayson	Cr Susan Jenvey
Cr David Jones	Cr Janine Reed
Cr Anne Smyth	Cr John Wilson

ALSO PRESENT

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

PRAYER

Pastor Paul Richardson of the Seventh Day Adventist Church, offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor D Jones declared a pecuniary interest in Item 5.6 Notice of Motion – Rainbow Crossing, Mann Street, Nambucca Heads under the Local Government Act as Cr Jones owns land adjacent. Cr Jones left the meeting for this item.

Councillor A Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.1 Outstanding Actions and Reports under the Local Government Act as Cr Smyth is a member of Gordon Park Rainforest Committee of Management which relates to the revision of the Plan of Management for the Rainforest.

Councillor R Hoban declared a pecuniary interest in Item 9.3 Councillor Expenses and Facilities Policy - Better Practice Template under the Local Government Act as the report refers to facilities that only benefit the Mayor financially. Cr Hoban left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting

SUBJECT: CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 August 2017

425/17RESOLVED: (Wilson/Reed)

That the minutes of the Ordinary Council Meeting of 17 August 2017 be confirmed.

NOTICE OF MOTION - CR Hoban

ITEM 5.1 SF2303 310817 Notice of Motion - Request for Leave - Cr Rhonda Hoban

426/17 RESOLVED: (Ainsworth/Wilson)

That Cr Hoban be granted leave from 15 to 22 September 2017 inclusive.

NOTICE OF MOTION - CR Hoban

ITEM 5.2 SF2303 310817 Notice of Motion - Asbestos Disposal

427/17 RESOLVED: (Reed/Ainsworth)

That Council submit the following motion to LGNSW for inclusion in the LGNSW Annual Conference 2017 Business Paper:

“That in order to reduce the illegal dumping of asbestos, LGNSW lobby the NSW Government to exempt asbestos from the waste levy on the proviso that Councils provide an additional and equal subsidy on their normal asbestos disposal fee thus reducing the overall fee by double the amount of the applicable levy.”

NOTICE OF MOTION - CR Hoban

ITEM 5.3 SF2303 310817 Notice of Motion - Flying Fox Dispersal

428/17 RESOLVED: (Ainsworth/Finlayson)

That council submit the following motion to LGNSW for inclusion in the LGNSW Annual Conference 2017 Business Paper:

“That LGNSW lobby the State and Federal governments to make legislative provision to allow Councils in consultation with the OEH to take immediate action to move flying foxes on before a colony is formed where their activity is noted within five hundred metres of residences, schools and public facilities.”

NOTICE OF MOTION - CR Hoban

ITEM 5.4 SF2303 310817 Notice of Motion - Special Crossings - Request for Review of the Roads Act 1993

429/17 RESOLVED: (Wilson/Jenvey)

That Council submit the following motion to LGNSW for inclusion on the LGNSW Annual Conference 2017 Business Paper:

“That LGNSW lobby the Minister for Roads to review the Roads Act 1993 to provide clarification of the responsibility for constructing and maintaining special crossings”.

NOTICE OF MOTION - CR Hoban

ITEM 5.5 SF2303 310817 Notice of Motion - Request to rename Section of Pacific Highway at Warrell Creek

Lost Motion: (Reed/Ainsworth)

That Council staff investigate the possibility of dual naming the most appropriate section of the old Pacific Highway, capturing affected Warrell Creek residents between Browns Crossing and Bald Hill, as “Warrell Creek Road’ or as an alternative ‘Warrell Way’.

DELEGATIONS

RECOMMENDATION

That the following delegations be heard:

i) Michelle Walker – Item 5.6 Rainbow Crossing, Mann Street, Nambucca Heads

ii) Robyn Handcock – Item 5.6 Rainbow Crossing, Mann Street, Nambucca Heads

iii) Chris Knight – representing the Nambucca Heads and Valla Chamber of Commerce – Item 5.6 Rainbow Crossing, Mann Street, Nambucca Heads

iv) Stephen McEvoy – Item 5.7 Request for a Review of Section 64 Developer Contributions for Water and Sewerage Headworks

v) Dianne Wall – Item 9.10 Regional Sports Infrastructure Fund - Regarding grant application to heat the Macksville Swimming Pool

vi) Paul Le Cerf – Item 9.10 Regional Sports Infrastructure Fund – Bowraville Connection Concept Plan

vii) Jessica Waddell – Item 9.6 DA2015/043 Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach

Cr Jones left the meeting for Item 5.6 at 5.41 pm and returned after the conclusion of Item 5.6 at 6.09 pm.

Delegations:

Item 5.6 – Rainbow Crossing, Mann Street, Nambucca Heads

i) Michelle Walker addressed Council making the following points:

· Diverse people created

· Differences used to create groups

· Flag created to create diversity

· Saddened that group took rainbow and used to make a flag

· Pedestrian crossing discussed with RMS and does not comply with Australian Standards

· Area currently being utilised by community where diversity celebrated is at the V-Wall

ii) Robyn Handcock addressed Council making the following points:

· Safety issue for people with limited vision, ADAH, Dementia

· Personal issues and forced upon public

· Bible reference and breaking of God’s laws

iii) Chris Knight - Nambucca Heads and Valla Chamber of Commerce addressed Council making the following points:

· Idea of Rainbow Crossing was put to last meeting and adopted

· All towns have been asked to identify selfie spots for tourism

· After dealing with the RMS the Chamber could see that this idea is not practical

· Discussed a Rainbow Walk – adjacent to ceramic structure near Police Station

· Appropriate signage be placed by Council

· Regional, State, National and International tourism coverage

· Council not drawn into the current plebiscite

· Inclusive and welcoming community

· Hold off on walk

· TAFE Indigenous students currently paint the power poles with indigenous designs

· Perhaps if go ahead have TAFE students paint the walk

NOTICE OF MOTION - CR Jenvey

ITEM 5.6 SF2303 310817 Notice of Motion - Rainbow Crossing, Mann Street, Nambucca Heads

MOTION: (Jenvey/Smyth)

1 That a 'Rainbow Walk' be considered instead of the 'Rainbow Crossing' due to the safety concerns and traffic implications of the 'Rainbow Crossing' . That the Rainbow Walk run the length of the ceramic installation from the corner of Ridge and Bowra Streets, outside the Nambucca Heads Police Station. The walk would consist of a painted rainbow on the pavement curving with the shape of the corner. That the Nambucca Heads and Valla Chamber of Commerce pay for the paint and up-keep of the walk. That Council consider paying for signage that reads, "Rainbow Walk - selfie spot. Nambucca Heads celebrates diversity”.

2 That consideration of the Rainbow Walk be deferred until after the contentious Marriage Equality census has been determined by the Australian Government.

Amendment: (Ainsworth/Reed)

That consideration of the Rainbow Walk be deferred until after the contentious Same Sex Marriage plebiscite has been determined by the Australian Government with information to be provided in relation to the legal ramifications and risk of painting the footpath and there be a further report to Council.

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

430/17 RESOLVED: (Ainsworth/Reed)

Delegations continued:

Item 5.7 - Request for a Review of Section 64 Developer Contributions for Water and Sewerage Headworks

iv) Stephen McEvoy addressed Council making the following points:

· Public see Developers as making a profit and then leave community

· Not the case for him and his brother

· Economic loss to Macksville with highway relocation

· Catalyst to community to commute to larger centre

· Want to make land and house packages attractive and affordable to young families

· Double of developer charges in last couple of years from the Nambucca Shire

· Kempsey Shire have waived similar fees

· 45 lots at Upper Warrell Creek Road ready to go and now fees double in Nambucca Shire

· $123,000 per lot sale price

· Similar costs to Coffs Harbour but selling prices lower in Nambucca Shire

· Not seeking moratorium as Kempsey just a 5 years Grandfather clause

· Other developers have not contributed to highway upgrade

NOTICE OF MOTION - CR Hoban - LATE

ITEM 5.7 SF446 310817 Notice of Motion - Request for a Review of Section 64 Developer Contributions for Water and Sewerage Headworks

431/17 RESOLVED: (Finlayson/Ainsworth)

That Council receive a report on Mr McEvoy’s request for a review of the Section 64 (water and sewerage) developer contribution charges on his Macksville subdivision.

Delegations continued:

Item 9.10 - Regional Sports Infrastructure Fund

v) Dianne Wall - Regarding grant application to heat the Macksville Swimming Pool with prepared notes being placed on file SF2307.

vi) Paul Le Cerf – Bowraville Connection Concept Plan - addressed Council making the following points:

Lots of time and effort put into submission
Integrated plan to change area around Hennessy Tape oval and join ovals to town and to other groups
Increased tourism and jobs
Meets community needs and sports hub
Increase economic growth
Copy of plan to be provided to Council
Hennessy Tape will bring lots of sports into one area
Wonderful to see area being fully utilised
Active and passive recreation area
Close proximity to schools
Bowraville Recreation Club and Aboriginal Mission and supporters of the club and sporting codes
Great venue for Aboriginal community to celebrate life events
Club is run down facility
Changes have occurred over time and this is best proposal and best time for Bowraville to get some good news
Will be a benefit to the wider community

ITEM 9.10 SF2307 310817 Regional Sports Infrastructure Fund

432/17 RESOLVED: (Finlayson/Ainsworth)

A That Council endorse the following projects and order of priority for funding under the Regional Sports Infrastructure Fund:

1 Major improvements to the Hennessey Tape oval sporting precinct in Bowraville, as a part of the Bowraville Connections concept plan;

2 Major drainage works and installation of lighting at E J Biffin Fields, Nambucca Heads;

3 An application to heat the outdoor pool at the Macksville Memorial Aquatic Centre, and other options for this facility; and

B That Council staff contact the grant funding body to discuss the potential projects and determine the most suitable for the program, and submission of an Expression of Interest (EOI).

C There be a further report to Council’s meeting on 28 September 2017 in relation to contact with the funding body and feedback on the projects eligible for lodgement of an Expression of Interest by Council.

Delegations continued:

Item 9.10

vii) Jessica Waddell – Item 9.6 DA2015/043 Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach

Jessica Waddell addressed Council and thanked Council for the recommendation for the extended operating hours for Summer and support for helping to provide tourism to the area.

ITEM 9.6 DA2015/043 310817 DA2015/043 Reviewable Condition, Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach

433/17 RESOLVED: (Ainsworth/Reed)

Council determines the Review of Condition 2 in Development Consent DA2015/043 by approving an extension of trading hours as follows:

· Restricted hours of operation – Reviewable Condition

· The hours of operation of the restaurant/cafe are restricted to the times in the following table:

*Period 1 – Australian Eastern Standard Time*	*Start Time*	*Finish Time*
Monday to Thursday	6:30am	6.00pm
Friday	6:30am	9:30pm
Saturday	6:30am	9:30pm
Sunday	7:00am	6pm
*Period 2 Australian Eastern Daylight Time*	*Start Time*	*Finish Time*
Monday to Thursday	6:30am	8:30pm
Friday	6:30am	9:30pm
Saturday	6:30am	9:30pm
Sunday	7:00am	8:30pm

The hours of operation include any deliveries and the operation of mechanical equipment which are audible from outside the subject land.

1 Council approve the Section 96 Application to modify Condition 1 of Development Consent DA2015/043 as per Attachment 4, and

2 Council grant a footpath dining licence subject to the conditions provided in Attachment 5.

For the motion: Councillors Hoban, Ainsworth, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson

(Total 8)

Against the motion: Nil

(Total 0)

ASKING OF QUESTIONS WITH NOTICE

There were no questions with notice.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

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

General Manager Report

ITEM 9.1 SF959 310817 Outstanding Actions and Reports

434/17 RESOLVED: (Smyth/Wilson)

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

ITEM 9.2 SF621 310817 Aboriginal Land Claims 6596 and 44876 at Congarinni North

435/17 RESOLVED: (Finlayson/Ainsworth)

A That the Aboriginal Land Claim Investigation Unit be advised as follows:

1 Council has no need or likely need to use the land for an essential public purpose.

2 Council has no interest in the granting or refusal of these claims.

B That Council seek a licence agreement from the adjoining owners to Lot 7302 DP 1146646 for their use of Crown land including Crown Reserve 755537 and that the General Manager be provided with delegated authority to enter into an appropriate licence agreement with Council’s seal to be affixed to licence documents as may be required.

Cr Hoban left the meeting for Item 9.3 at 7.06 pm and returned after the conclusion of Item 9.3 at 7.08 pm.

The Deputy Mayor Cr Ainsworth took the Chair for the duration of Item 9.3.

The Mayor resumed the Chair at 7.08 pm.

ITEM 9.3 SF42 310817 Councillor Expenses and Facilities Policy - Better Practice Template

436/17 RESOLVED: (Wilson/Finlayson)

Council adopt the draft Councillors Expenses and Facilities Policy, noting the addition of the requirement that Councillors, including the Mayor, should only obtain incidental private benefit from the provision of a motor vehicle for official use.

ITEM 9.4 SF1031 310817 Review of Payment of Developer Contributions Policy

437/17 RESOLVED: (Finlayson/Reed)

1 That Council amend the Payment of Developer Contributions Policy as outlined within the draft policy contained in attachment 1 of the report.

2 That the Draft Payment of Developer Contributions Policy be placed on exhibition for the required period of time.

For the motion: Councillors Hoban, Ainsworth, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson

(Total 8)

Against the motion: Nil

(Total 0)

ITEM 9.5 SF1406 310817 Nomination for Joint Regional Planning Panel (JRPP)

438/17 RESOLVED: (Ainsworth/Finlayson)

That Council appoint Kempsey Shire Council’s Manager of Development Assessment Erin Fuller as Nambucca Shire Council’s member on the Northern Joint Regional Planning Panel.

For the motion: Councillors Hoban, Ainsworth, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson

(Total 8)

Against the motion: Nil

(Total 0)

Item 9.6 was dealt with earlier in the meeting.

ITEM 9.7 DA2017/170 310817 DA2017/170 - Placement of shipping container

439/17 RESOLVED: (Ainsworth/Finlayson)

That the Development Application DA2017/170 be determined by granting Development Consent subject to the recommended conditions within Attachment 1 at the end of this report plus the following condition:

External Colours

Within three months from the placement of the container on the subject land, the external colours of the container must be painted a muted, natural colour that will blend with, rather than stand out from, the surrounding landscape and existing built form to the satisfaction of Council. The container must be maintained in a neat and tidy condition for the life of the development.

For the motion: Councillors Hoban, Ainsworth, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson

(Total 8)

Against the motion: Nil

(Total 0)

ITEM 9.8 DA2017/161 310817 DA 2017/161 - Application for Men's Shed at Foxs Road, Nambucca Heads - progress report

440/17 RESOLVED: (Wilson/Reed)

1 That Council note the information in the report.

2 That the applicant be advised to withdraw the development application until a Development Control Plan has been prepared for the land in accordance with the Nambucca Local Environmental Plan 2010.

For the motion: Councillors Hoban, Ainsworth, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson

(Total 8)

Against the motion: Nil

(Total 0)

ITEM 9.9 SF2293 310817 Development Applications greater than 12 months or where submissions received - to 5 July 2017

441/17 RESOLVED: (Ainsworth/Wilson)

That the information be noted by Council.

Item 9.10 was dealt with earlier in the meeting.

ITEM 9.11 SF1148 310817 Council Ranger's Report July 2017

442/17 RESOLVED: (Ainsworth/Wilson)

That Council’s Ranger’s report for July 2017 be received and noted by Council.

ITEM 9.12 SF1398 310817 Community Development Activity Report

443/17 RESOLVED: (Wilson/Reed)

That the report on the Youth Development and Aboriginal Community Development projects for 2016/2017 be noted.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF2228 310817 Related Party Disclosures

444/17 RESOLVED: (Finlayson/Ainsworth)

That Council adopt the Related Party Disclosures Policy.

ITEM 10.2 SF2228 310817 Draft Financial Statements

445/17 RESOLVED: (Wilson/Finlayson)

It is recommended that:

(i) Council's DRAFT Financial Statements are "referred to audit" in accordance with S413(1) LGA 1993

(ii) Council resolve in accordance with Section 413 (2c) of the Act that the draft 2016-17 annual financial report is in accordance with;

‐ the Local Government Act 1993 (as amended) and the Regulations made there under,

‐ the Australian Accounting Standards and professional pronouncements, and

‐ the Local Government Code of Accounting Practice and Financial Reporting, and

‐ presents fairly the Council’s operating result and financial position for the year, and

‐ accords with Council’s accounting and other records,

‐ and that the Council is not aware of any matter that would render this report false or misleading in any way.

(iii) Council adopt the Councillors/Management "Statement" and resolve that it be signed and attached to the Draft 2016-17 Accounts.

(iv) Council delegate to the General Manager the authority to "finalise the date" at which the auditor’s report and financial statements are to be presented to the public.

ITEM 10.3 SF2226 310817 Amended Debt Recovery Policy

446/17 RESOLVED: (Ainsworth/Reed)

1 That Council adopt the Draft Debt Recovery Policy.

2 That the Draft Debt Recovery Policy be displayed for public comment.

ITEM 10.4 SF251 310817 Schedule of Council Public Meetings 2017

447/17 RESOLVED: (Wilson/Smyth)

That the schedule of dates for Council meetings in 2017 be noted and received for information by Council.

ITEM 10.5 SF343 310817 Valla Public Hall Committee of Management - Annual General Meeting - 16 August 2017

448/17 RESOLVED: (Reed/Finlayson)

That Council endorse the minutes of the Valla Public Hall Committee of Management Annual General Meeting held on 16 August 2017 and thank the outgoing Committee for their work in the past twelve months.

449/17 Resolved: (Hoban/Jenvey)

That Council refund to the Valla Public Hall Committee of Management any Australasian Performing Right Association (APRA) Licence fees that they have paid since the date Council commenced paying APRA fees for its other halls.

Assistant General Manager Corporate Services Report - LATE

ITEM 10.6 SF2228 310817 Draft Financial Statements 2016/17 - Addendum

450/17 RESOLVED: (Ainsworth/Reed)

Council note the Draft Primary Financial Statements and consider them in the context of the recommendation that they be referred to Audit.

ITEM 11.1 SF85 310817 Minutes of the NSW Rural Fire Service Level Agreement Zone Liaison Committee meeting - 9 August 2017

451/17 Resolved: (Ainsworth/Finlayson)

That Council receive, note the report for the NSW Rural Fire Service Level Agreement Zone Liaison Committee Meeting held on 9 August 2017.

ITEM 11.2 SF90 310817 Nambucca Shire Traffic Committee Meeting Minutes - 8 August 2017

452/17 RESOLVED: (Smyth/Finlayson)

1 That Council approve a request from the Macksville Cycle Club to conduct the Brian Cockbain Ride Around the River 2017, noting the following has been received:

· Certificate of Currency for Public Liability Insurance

· Traffic Management Plan confirming Accredited Traffic Controllers will be on site.

2 That Council endorse temporary road closures for the Brian Cockbain Ride Around the River to be held between 8.15 am and 9.30 am on Sunday 17 September in Macksville as follows:

· River Street (East) - Pacific Highway to Willis Street;

· Princess Street – Winifred Street to River Street;

· Wallace Lane;

· Pacific Highway, Wallace Street and Princess Street, from Ferry Street to Mackay Street for 10 minutes between 9.00 am and 9.15am; and

· Subject to organisers gaining a Road Occupancy Licence and approval for the road closures from the Police and Roads and Maritime Services.

3 That Council note that the Nambucca Shire Traffic Committee received a presentation regarding resourcing and traffic management planning for the Queen Baton Relay to be held in February 2018.

ITEM 11.3 SF249 310817 Sewer relining works - Macksville and Valla Beach

453/17 RESOLVED: (Ainsworth/Finlayson)

That Council accept the quote from ITS Pipetech for the sewer relining works in Macksville and Valla Beach on the basis of them being a “pre-approved provider” with a proven capability of completing this type of work to a high standard.

For the motion: Councillors Hoban, Ainsworth, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson

(Total 8)

Against the motion: Nil

(Total 0)

ITEM 11.4 SF453 310817 Waste Management Quarterly Report April - June 2017

454/17 RESOLVED: (Wilson/Finlayson)

1 That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 April – 30 June 2017.

2 That Council approve the collection and disposal of waste materials collected from the East Coast Clean Up Tour 2017 on 14 November 2017 at the beach area, foreshore and carpark at the intersection of Buchanan Street and Gregory Street Valla Beach.

Assistant General Manager Engineering Services Report - LATE

ITEM 11.5 SF1676 310817 Capital Works Report as at 30 June 2017

455/17 RESOLVED: (Finlayson/Ainsworth)

1 That the Capital Works Report for the fourth quarter of the 2016/17 financial year ending 30 June 2017 and expenditure YTD week ending 14 July 2017 be received and noted.

2 That the minor modifications and answers pertaining to the Capital Works Report as requested by the Mayor be received and noted.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 8.11 pm.

Confirmed and signed by the Mayor on 14 September 2017.

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)

Ordinary Council Meeting 14 September 2017

General Manager

ITEM 9.1 SF959 140917 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
JULY 2011
1	SF1031		21/7/11	That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy			GM			31/05/17 Now that the Floodplain Management Study and Plan are completed this policy can be referred to the next Estuary Committee meeting for consideration.
DECEMBER 2013
2	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	15/7/17 – AGMCS has prepared a Rates Newsletter
AUGUST 2015
3	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. Minister referred staff to Forests and a meeting is being organised with Forests NSW in 2016 for further discussion with a report to be presented to Council afterwards. 22 March 2017: AGMES has contacted Forestry and a further meeting to be arranged to consider sites for offset forestry.
OCTOBER 2015
4	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 2017
5	SF2208	12/01/17			Council engage a qualified person to undertake an assessment of flora and fauna on Lot 701 Boronia Street, Nambucca Heads to determine impact of required APZ’s.		GM			Report May 2017 15/05/17 – Ecologist has been engaged and a report has been prepared. It will be included/ considered in the housekeeping amendment going to the next council meeting. 01/06/17 – Housekeeping amendment planned to be finalised by end of 2017.
MARCH 2017
6	SF474	16/03/17			That Council support & fund a new tourism website etc.		MCD			18/3/17 - Contractor being engaged. Availability of required staff resources being assessed. 2/5/2017 – Quote accepted and website template being developed – this will take approximately 6 weeks The website www.nambuccatourism.com.au is now live. Some issues remain to be sorted out including banner behaviour, and the complexity of event administration. An email to all tourism related businesses will be sent out soon asking them to check their listings and links and to provide high resolution photos. Whilst this is happening the Tourism Coordinator is busy putting all upcoming events on the website as they couldn’t be salvaged from the Bookeasy site. The Chambers of Commerce will also be asked to check the texts on each town and to update them as required.
7	SF2230	16/03/17			Council assess the appropriateness of the Water & Sewerage restricted reserves after the completion of the review of the Water Cycle Management Plan		AGMCS			18/3/17 – Report late 2017
8	SF2303	30/3/17			Council seek further advice from Mr Miles as to ways Council may be able to connect with the veterans either formally or informally on the Nambucca River leg (Operation Pilgrimage)		MCD			3/5/17 – Further investigation being undertaken 22/6/17 – Contact has been made with Mr Miles. There are 7 veterans involved with Operation Pilgrimage. The MCD is awaiting information from Mr Miles confirming dates and the assistance which Council might be able to provide.
APRIL 2017
9	LF6505	13/04/17			Council again request the RMS to construct the road connection to Florence Wilmont Drive on the basis that the RMS has created the situation and that the Minister’s assistance be sought.		GM			1/5/17 - Letter sent 18/5/17 – Further meeting with head of Pacific Highway requesting funding for the connection as a consequence of Old Coast Road be severed and made a dead end road. Awaiting response. 22/8/12 – Mayor has sent a follow-up email.
MAY 2017
10	SF1541	25/05/17			That the review of the local environmental plan include consideration and a subsequent report on the creation of more residential land near Macksville and more industrial land (including land for bulky goods) near Macksville.		GM			31/05/17 – Report in October 2017
11	SF818	25/05/17			That Council write to DPI Water requesting a meeting to pursue the licence amendment (for the Bowra Dam).		AGMES			31/05/17 – Awaiting response to request 16/06/17 – Letter sent to DPI Water 31/07/17 – Meeting organised with DPI Water in Grafton on Monday 7 August at 1pm 9/08/2017 – Mayor, GM and MW&S met Office of Water and Fisheries at Grafton. Those Departments are insisting Council undertaking a 7 part test on the effective change the dam licence to capture flood flows.
JUNE 2017
12	SF2303	15/06/17			In consultation with Finance staff the GM & AGMCS conduct a review of the capacity of the Finance Section to meet reporting requirements. Consider matters such as skill sets, training needs, capacity to backfill critical positions, workload spread & opportunities for efficiencies in process & removal of duplication.		GM & AGMCS			Report in July 2017 15/7/17 - Delayed due to EOFY priorities. Report in August 2017 /8/17 – Due to statements further delayed until September 2017.
13	~~SF2195~~	~~29/06/17~~			That Council’s position on the holding of the Rally be deferred to the Council meeting at the end of August 2017 pending a meeting with Rally Australia to discuss the matter of unresolved claims for damage to Council roads and unresolved claims from private property owners along the route.		GM			~~Report 31 August 2017.~~ 14/7/17 – Senior Executive Officer and Clerk of the Course for Rally Australia advised that Council’s claim would not be raised in the community consultative committee meeting – suggested a separate meeting. Arrangements being made to have a meeting which Councillors can attend. ~~19/7/17 - arrangements made with Rally Australia at 4.00pm on 27 July 2017.~~ ~~28/7/17 – telephone representations made to Destination NSW as well as written representations to the office of the Member for Oxley.~~
14	SF2290	15/06/17			That Council revise the Plan of Management for Gordon Park in consultation with the Section 355 Committee of Management.		GM			Report in November 2017.

JULY 2017
15	SF841	27/7/17	Make representations to the Member for Oxley re supporting residents’ concerns in relation to the post construction operational noise of the Pacific h/w between Nambucca Heads and Urunga, requesting additional noise attenuation.	GM	Letter sent 31/07/17
16	~~SF2381~~	~~27/7/17~~	~~Matter (conflict arising from horticulture) be deferred so heads of consideration can be drafted being information required to lodge a DA and the exemption criteria.~~	GM	~~Report in August 2017~~ ~~8/17 – Deferred due to workload until September 2017.~~
17	~~SF2307~~	~~27/7/17~~	~~There be a further report in relation to the concept plan for the extension of the Nambucca Heads library prior to the lodgement of the expression of interest.~~	GM	~~Report to Council on 31/8/17~~ ~~8/17- Late report to come to meeting~~ ~~5/9/2017 - Report in this business paper~~
AUGUST 2017
18	SF88	17/8/17	Council advertise the draft Resignations – Purchase of Gifts Policy (and report back).	GM	Report in September 2017
19	SF979	17/8/17	Council receive advice from Council’s planning staff on whether the declaration of a Great Koala National Park would have any impact on the permissible uses of adjoining land.	GM	Report in September 2017
20	SF979	17/8/17	The advice of the Forestry Corp, the three local sawmills as well as the Opposition Leader, Premier, NSW Greens and NSW Shooters Fishers and Farmers Party (in relation to the Great Koala National Park) be further reported to Council.	GM	Report in October 2017
21	SF1855	17/8/17	The Macksville Revitalisation Strategy be placed back on exhibition in relation to the non-native species that have been chosen which are not included in Council’s “Guidelines – Trees on Public Land”.	GM	Placed on exhibition on 7/09/2017. Report back in October.
22	SF2278	17/8/17	That council investigate opportunities through the Sustainability Advantage Program to conduct an audit of Council’s electricity use and establish the business case for installing solar panels on the Council’s buildings/assets.	GM	Report in October 2017
23	SF2278	17/8/17	Council investigate purchasing electric (or similar) vehicles for the Mayor and GM prior to the next replacement date.	AGMES	Mayor’s car is due for replacement this financial year. 8/17 – Report to be done in September 2017.
24	SF1631	17/8/17	Advice be sought from NSW Health as to whether it is appropriate for Council to advise water consumers connected to the transfer main upstream of the balance tank that they should treat the reticulated water supplied as non-potable and boil all water proposed to be used for drinking and cooking.	AGMES	8/17 – Report to be done in October 2017 6/09/17 - Letter sent to NSW Health (Port Macquarie). Waiting on a response. Can report to Council once received.
25	SF1631	17/8/17	Council consider the construction of a water treatment plant in its future capital works (IWCM) program and financial planning.	AGMES	8/17 – Report to be done in October 2017 6/09/17 - Water filtration plant will be included in IWCM capital works and financial modelling.
26	SF1631	17/8/17	Grant funding be sought for a conceptual design and costing for a water treatment plant.	AGMES	8/17 – Report to be done in September 2017 following submission of EOI. 6/09/17 - An EOI will be submitted for funding of a concept design through the Safe and Secure Water program.
27	SF2303	31/8/17	That consideration of the Rainbow Walk be deferred until after the contentious Same Sex Marriage plebiscite has been determined by the Australian Government with information to be provided in relation to the legal ramifications and risk of painting the footpath and there be a further report to Council.	GM	Depending on outcome of plebiscite and the Government’s actions. Estimate report in December 2017.
28	~~SF446~~	~~31/8/17~~	~~Council receive a report on Mr McEvoy’s request for a review of Section 64 (water and sewerage) developer contribution charges on his Macksville subdivision.~~	GM	~~Report in September 2017.~~
29	SF2307	31/8/17	There be a further report to Council’s meeting on 28 September 2017 in relation to contact with the funding body and feedback on the projects eligible for lodgement of an Expression of Interest, re the Regional Sports Infrastructure Fund).	GM	Report to meeting on 28 September 2017.
30	SF1031	31/8/17	That the draft Payment of Developer Contributions Policy be placed on exhibition for the required period of time.	GM	Report in October 2017.
31	SF2226	31/8/17	That the draft Debt Recovery Policy be displayed for public comment.	AGMCS	Report in October 2017.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 14 September 2017

General Manager's Report

ITEM 9.2 SF2195 140917 2016 World Rally Road Damage

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

Immediately following the 2016 event, contractors were engaged to carry out the repairs to unsealed roads damaged by the Rally event while Council staff carried out some repairs such as bitumen seal and guide post replacement.

These costs were allocated to a specific task number for each road, which allowed for a detailed costing of the damages incurred. The total cost for these repairs was $98,905.27 ($1,851.67 sealed roads and $97,053.60 for unsealed roads).

Rally Australia has now paid $40,000.00 towards the $98,905.27 in road damage cost arising out of the 2016 Rally. They are also working to obtain the outstanding amount from within the NSW Government.

Rally Australia advises that it is too late to make changes to the 2017 World Rally which will include the Nambucca Stage.

If no commitment of additional funding for the expense incurred in the repair of Council’s roads is received, then the Council should adopt the position of not supporting the continuance of the Rally in the Shire beyond the scheduled 2017 event.

Recommendation:

1 Council note the advice of Rally Australia that it is too late to make changes to the 2017 World Rally which will include the Nambucca Stage.

2 Council advise Rally Australia that it will not support future World Rally events (post 2017) being held in the Nambucca Valley unless the balance of Council’s “out of pocket” expenses for the 2016 Rally being $58,905 is paid, plus any costs incurred as a consequence of damage caused by the 2017 World Rally event.

OPTIONS:

Council has the option of supporting or not supporting the use of Council’s roads for the World Rally event.

Whilst the many economic benefits of the World Rally event to the Coffs Coast region are acknowledged, it is the case that Nambucca Shire Council does not have the financial capacity to meet the costs of road damage which can arise from the event. The road damage bill arising out of the 2016 Rally event was about 1% of Council’s rate income and there is a risk that there will be an additional unfunded bill arising out of the 2017 event.

DISCUSSION:

At Council’s meeting on 29 June 2017 it was resolved as follows:

1 That Council allocates an amount of $98,905.00 to the unsealed roads maintenance budget from Working Funds to offset the cost of damage incurred to Council roads during the 2016 World Rally Event.

2 Council accepts the offer from Rally Australia of $40,000.00 towards the debt, and places this money into Working Funds, to offset part of the above costs.

3 That the Council’s position on the holding of the Rally be deferred to the Council meeting at the end of August 2017 pending a meeting with Rally Australia to discuss the matter of unresolved claims for damage to Council roads and unresolved claims from private property owners along the route.

Following Council’s meeting on 29 June 2017 there have been a number of written representations to and conversations with Rally Australia representatives, a representative of Destination NSW as well as the Member for Coffs Harbour, Mr Andrew Fraser MP.

The outcome of these representations and conversations has made no tangible difference to the previously reported position.

On 29 August 2017 I received an email from a representative of Rally Australia advising as follows:

“I am confirming that $40,000 plus GST was transferred by BPay today in part settlement of the outstanding invoice for road repairs.

Further to your conversation earlier today with Andrew Fraser, I can confirm we are still working to obtain the outstanding amounts from within the NSW Government”.

Council has incurred an unbudgeted expenditure of $98,905.27 in repairs for damage to Council roads caused by the 2016 World Rally event. There are additional intangible costs to Council, due to loss of gravel and project management fees that are not included in these costs.

Following Council’s resolution to invoice Rally Australia and seek compensation for the damage to the Council road network, Rally Australia requested a meeting with Mayor, General Manager and Assistant General Manager which resulted in an offer of $40,000.00, being made up of $20,000.00 from each of the financial years 2016/17 and 2017/18.

As indicated Council has now received the $40,000 being the road damage allocation for the two years, but of course this means that there will be no funding for any road damage which might arise out of the 2017 event. The risk of damage arising out of the 2017 Rally is reduced by virtue of the fact that there is only a single stage in the Nambucca Valley in contrast to the three stages conducted in previous years. Rally Australia are also proposing to erect drums to prevent the inside of corners being torn away and guide posts knocked over. These measures should also help minimise damage.

Council has made many representations to Rally Australia, Destination NSW and the Minister for Tourism and Major Events to no avail.

A representative of Destination NSW expressed the view that Council should have had a legal agreement in place with Rally Australia for the use of Council roads. A legal agreement would provide for legal enforceability of its provisions but of course requires both parties to agree and importantly must be backed by the availability of funds to undertake road maintenance work or to compensate for road damage.

The advice which Council has consistently received from Rally Australia is that their budget cannot afford more than the $20,000 per annum currently allocated for road damage repairs. The representative of Destination NSW offered to provide Council with assistance in the preparation of a legal agreement.

Given the lack of commitment of any additional funding for the expense incurred in the repair of Council’s roads, it is recommended that should no additional funding assistance be received, that Council not support the continuance of the Rally in the Shire.

CONSULTATION:

There has been consultation with Rally Australia; Destination NSW and Mr Andrew Fraser MP, Member for Coffs Harbour.

Rally Australia and Mr Andrew Fraser MP, Member for Coffs Harbour have both indicated that they will endeavour to secure funding for the unresolved claims but have indicated that it is too late to make changes to the 2017 World Rally which will include the Nambucca Stage.

The Council did receive a letter from the Hon. Adam Marshall MP, Minister for Tourism and Major Events dated 3 May 2017, wherein he acknowledged receipt of Council’s representations and advised that he had asked Destination NSW to investigate the matter further and consider the appropriateness of enacting a clause in the legislation (to protect Council’s interests).

It was advised that Council would be provided with further advice in due course. However despite representations direct to Destination NSW this advice has not been forthcoming and indeed it has been suggested that despite the existence of special legislation to facilitate the Rally, that Council should have protected its position with a legal agreement.

SUSTAINABILITY ASSESSMENT:

Environment

The event increases the loss of gravel from Council Roads. The dust causes environmental damage, and also increases the consumption of gravel, which is in short supply.

Social

Residents along the Rally route are inconvenienced by road closures, dust and noise. The Rally attracts people to the valley and brings national and international attention.

Economic

Damage to council roads has an impact on council’s budget, particularly if full compensation for damage is not received. The event has world attention which increases the spend by tourists and spectators within the Nambucca Valley.

Risk

There are several risks that have been previously stated. This report brings a new risk that Council may have to partly fund the damage incurred which may take resources from other areas.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Additional funding may need to be allocated in future budgets to cover the costs of repairs, while ever the rally is held on council roads.

Source of fund and any variance to working funds

Road repairs as a result of the rally will need to be sourced from working funds. Any payments from Rally Australia (or other sources) will need to be paid into working funds to offset this variance from working funds.

Service level changes and resourcing/staff implications

There are no service level changes or resourcing implications as a result of this report.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 14 September 2017

General Manager's Report

ITEM 9.3 SF988 140917 Concept Design to Provide Water and Sewerage Services to the Proposed New Macksville Hospital

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

A summary is not required.

Recommendation:

The General Manager be provided with delegated authority to engage a suitable consultant to prepare a concept design and cost estimate for the provision of water and sewerage services to the site of the proposed new Macksville hospital.

OPTIONS:

There are no real options. A new hospital at North Macksville will require water and sewerage services. Once Council has a cost estimate it can then assess the financing arrangements and potential grant funding.

There are only a very limited number of locally based consultancies with the knowledge, experience and capacity to prepare a concept design and cost estimate. It is proposed to prepare a brief for the project and issue it to at least two and preferably three locally based consultants seeking a response. The concept design and cost estimate should cost far less than the tender limit, hence it is appropriate to proceed by way of quotation from locally based consultants.

DISCUSSION:

At Council’s meeting on 9 February 2017 it was resolved as follows:

1 The information concerning the cost/benefit and financial considerations which need to be resolved if a new Macksville Hospital is to be constructed on a greenfield site be noted.

2 That Council make representations to Roads and Maritime Services (RMS) seeking the dedication of approximately 15 hectares of land being the site of the Pacifico pre-cast yard off Old Coast Road for the purpose of establishing the Macksville hospital on the land.

3 Health Infrastructure be advised that subject to a detailed assessment indicating that the extension of water and sewerage services to the RMS site will not require major augmentation works, that Council will provide capital assistance to a new hospital through the provision of reticulated water and sewerage to the site. Further, that Council will waive application fees and any applicable water and sewerage headworks charges.

4 In conjunction with Health Infrastructure, Council seek discussions with the RMS Pacific Highway Team in relation to access to the site and particularly the configuration of the roundabout at the western end of Letitia Close.

5 That Council suggest to the Mid North Coast Local Health District (MNCLHD) and Health Infrastructure the option of seeking expressions of interest for a 7 day per week GP Super Clinic to be co-located on the site of a new hospital as a means of improving its cost/benefit.

6 An enquiry be made with the Mid North Coast Local Area (Police) Command as to their interest in establishing a centralised Nambucca Valley Police Command Station on the RMS site at North Macksville.

7 An enquiry be made with local emergency services (SES, RFS and Fire Brigade) as to their interest in establishing on the RMS site or alternatively the existing hospital site (in the event of the hospital relocating).

8 That there be a further report to Council on the outcome of these consultations and representations as well as the progress with the financing and cost/benefit considerations of a new hospital on the RMS land at North Macksville.

9 Irrespective of the outcome of items 1 to 8 above, that approaches be made to the Minister for Roads and the Local Member that the Mayor and General Manager be appointed to the group responsible for the planning of the new hospital.

On 21 July 2017 the State Government announced $73m in funding for a new Macksville Hospital on the greenfield site at North Macksville.

NSW Health Infrastructure has now advised that it is undertaking more detailed due diligence of the RMS site at North Macksville and has sought advice as to where Council’s deliberations and planning is up to in relation to a water and sewer infrastructure extension as per Council’s resolution.

Council’s Manager Water and Sewerage advises that the likely solution is the extension of a 200mm water main from Florence Wilmont Drive south to the hospital site with sewerage being provided by a pressure system heading in a southerly direction to an existing pumping station in North Macksville.

It was put to NSW Health Infrastructure that if they were ready to “push the button” on the new hospital then Council would proceed to engage a consultant to prepare a concept design for the provision of water and sewerage services to the site. With a costed concept design, the Council may also have the opportunity to secure some funding under the State Government’s “Restart” funding programs for the provision of the water and sewerage services to the site.

Health Infrastructure has now requested that Council proceed with the preparation of a concept design.

CONSULTATION:

There has been consultation with a representative of Health Infrastructure and Council’s Manager Water and Sewerage.

SUSTAINABILITY ASSESSMENT:

Environment

At this stage there are no implications for the environment.

Social

There are no social implications.

Economic

It is the case that the extension of water and sewerage services can open up new economic development opportunities. For example, the Council has made representations in relation to the potential of the site to accommodate a new Police Station for the Nambucca Valley.

There is a reasonable prospect that other economic opportunities will arise on the site whether it be a GP Clinic, Police Station or some other activity.

Risk

The major risk to Council is in accurately pricing the provision of reticulated water and sewerage to the site and secondly in financing this through Council’s water and sewerage funds. Another risk is making appropriate provision for other activities which might occur on the site, even if they are not currently planned.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

At this stage there is no budgetary impact.

Source of fund and any variance to working funds

The funding required to pay for the consulting services will be met by Council’s water and sewerage funds.

The sewerage fund has recently sold land beside the Macksville sewerage treatment plant, the proceeds of which can be used to fund the work.

Service level changes and resourcing/staff implications

At this preliminary stage there are no significant service level changes or staffing implications.

Attachments:

43190/2016 - North Macksville Hospital Site

Ordinary Council Meeting 14 September 2017

General Manager's Report

ITEM 9.4 SF2395 140917 Regional Cultural Fund - Expressions of Interest for Extension of the Nambucca Heads Library and Improved Sound and Lighting for the Bowraville Theatre

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

Summary:

A summary is not required.

Recommendation:

That Council note the expressions of interest for an extension of the Nambucca Heads library and improved sound and lighting for the Bowraville Theatre which have been lodged under the Regional Cultural Fund.

OPTIONS:

There are no options. The expressions of interest for grant funding have been lodged and the report is for information.

DISCUSSION:

It will be recalled that in July the NSW Government announced as part of the $1.3 billion Regional Growth Fund, a $100 million Regional Cultural Fund which will, “help the development of cultural infrastructure to enable bold and exciting arts and culture that reflects the rich diversity of regional NSW”.

The expression of interest (EOI) for funding under the program opened on 17 July and closed on 4 September 2017. The EOI’s which are successful will be announced on 23 October with final business cases due on 15 January 2018 with a final announcement made on 5 February 2018.

The matter was reported to Council’s meeting on 27 July 2017 and it was resolved as follows:

1 The Library Service Strategic Plan Committee in association with Council’s Manager Community Development, library staff and Mr Allan Rudge be requested to develop general floor space requirements pertaining to an extension of the existing Nambucca Heads library building being the additional required floor space for the library collection, children’s area, “back of house”, computers, a meeting room facility as well as any other requirements by 24 August 2017.

2 Council engage Mr Allan Rudge to develop a concept plan for an extension of the Nambucca Heads library building in association with the Library Service Strategic Plan Committee and the library staff with the intent of having a concept plan with indicative budget available for lodgement with the expression of interest on or before 4 September 2017.

3 There be a further report to Council’s meeting on 31 August 2017 in relation to the concept plan for the extension of the Nambucca Heads Library prior to the lodgement of the expression of interest.

4 Council advise the Nambucca Heads, Unkya and Bowraville Local Aboriginal Land Councils of the opportunity for a keeping place for the Southern Gumbaynggirr peoples on land adjoining the Macksville library and further that Council would be open to discuss the ownership and the custodial arrangements for any building and collection with the opportunity to minimise operating costs by incorporating aspects of its operation into the Council’s library operations. Further that a response be sought by 24 August if the Council is to lodge an expression of interest by 4 September 2017.

5 That the Nambucca Valley Arts Council; the Bowraville Arts Council Inc. and Council’s Business Advisory Committee be advised of the funding available under the Regional Cultural Fund and they be requested to put forward any initiatives by 24 August 2017.

With excellent cooperation and commitment from a range of people, Council’s Grants Officer was able to lodge a well-documented expression of interest for the extension of the Nambucca Heads library by the 4 September deadline.

The plans prepared by Allan Rudge Architects are attached.

The plans and cost estimate were only completed immediately before the deadline for submitting the EOI so Council staff were unable to report the matter to Council’s meeting on 31 August 2017.

The plans provide for an approximate doubling of the area of the Nambucca Heads Library into the space currently occupied by the small hall. The plans provide for a new small hall in the current vacant courtyard space with the public toilets being relocated to the street frontage. Provision has also been made for sub-floor storage for both the library and halls accessed by a lift in the centre of the complex.

A feature of the Nambucca Heads Library is its stunning outlook through the Gordon Park Rainforest to the river mouth and coastline. This feature will be reinforced with the library extension which captures all of these views whereas currently they are hidden by the rear wall of the public toilets and small hall.

The public toilets are scheduled for a refurbishment but their location at the back of the courtyard has always been problematic in terms of passive surveillance and public safety. Bringing them to the street with modern finishes and inclusions will be a substantial improvement on the existing situation.

Allan Rudge Architects have provided a cost estimate for the project of $1,662,793. However it should be understood that in the time available to prepare the plans it was not possible to seek advice from Quantity Surveyors nor was it possible to obtain any geotechnical advice on site conditions.

The EOI sought advice from Council as to its funding commitment to the project. Given the lack of time to consult I authorised the Grants Officer to put forward a funding commitment of $113,000 being the estimated cost of furniture and fittings for the extended premises plus $13,577.75 in development application fees. Council will also need to accept responsibility for the additional parking generated by the increase in floor space.

Following contact with the Bowraville Arts Council Inc. an expression of interest was also lodged for a $30,000 upgrade of the sound system and lighting in the Bowraville Theatre.

Unfortunately there was not agreement amongst the three Local Aboriginal Land Councils on a joint keeping place for the Southern Gumbaynggirr peoples on land adjoining the Macksville library so this project was not advanced.

CONSULTATION:

The preparation of the EOI has involved consultation with a range of stakeholders.

A lot of project development work occurred in a very short space of time and special thanks are due to Allan Rudge Architects, Cr Smyth, the Nambucca Community and Arts Centre Committee of Management, Council’s Manager Community Development, Council’s Grants Officer, library staff, the Bowraville Arts Council Inc. and anybody I’ve omitted.

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

The allocation of library floor space and books per capita for our community is below the standards recommended by the State Library and below State average. The Nambucca Heads library building is about half the size of the Macksville library building yet caters for the largest number of library users.

The role of libraries in the community is also changing, particularly in relation to their digital offerings. They are increasingly important in providing support for those in the community who require but otherwise could not afford or are unable to obtain access to the internet to secure employment or to undertake social security obligations.

Council’s triennial customer satisfaction surveys continually emphasise the value of Council’s library to the community.

Economic

There are no significant economic implications.

Risk

At this stage there are no identified risks. If Council is successful in securing the grant funding it will be required to fund $113,000 for furniture and fittings.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

At this stage there are no budgetary implications.

Source of fund and any variance to working funds

At this stage there are no implications for working funds.

Service level changes and resourcing/staff implications

At this stage there is no service level or resourcing implications.

With the quantum of grant funding potentially available under the State Government’s Restart Funding, consideration is being given to increasing Council’s capacity to provide the necessary design and project management capability to spend the capital funding. Depending upon Council’s success or otherwise with its funding applications, it is conceivable that Council may have to “gear up” to acquit between $7m and $10m in additional capital expenditure over the next 2 years.

Increasing library floor space and the book catalogue will put pressure on operating costs. Council has resolved to prepare a library strategic plan and this will provide the opportunity to closely examine staffing requirements for the library with and without the proposed floor space extension.

Attachments:

33877/2017 - Concept Plans for Extension of Nambucca Heads Library

Ordinary Council Meeting 14 September 2017

General Manager's Report

ITEM 9.5 SF2381 140917 Conflict Arising from Horticulture within the Nambucca Shire

AUTHOR/ENQUIRIES: Daniel Walsh, Manager Development and Environment; Michael Coulter, General Manager

Summary:

In accordance with the resolution at the Council meeting on 27 July 2017, this report outlines what information would be required to be lodged with a development application for horticulture development should Council amend the land use tables of the Nambucca Local Environmental Plan 2010. It also provides the exemption criteria whereby a development application would not have to be lodged with Council.

The body of the report which was considered at the meeting on 27 July 2017 has been included for reference.

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:

1 Pursuant to the section 55 of the Environmental Planning and Assessment Act 1979, Council staff prepare a planning proposal to support an amendment to the Nambucca Local Environmental Plan 2010 which:

· Removes ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential, RU1 Primary Production, and RU2 Rural Landscape zones and relocates it to ‘permitted with consent’.

· Make ‘horticulture’ exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 by inserting the following clause:

Horticulture

(1) Must be located on land within the RU1 Primary Production or RU2 Rural Landscape Zones.

(2) Must be separated from other land uses in accordance with the following rural buffer zones:

(a) Dwellings (except those on the land where the horticulture is to be undertaken) in the R5 Large Lot Residential, Rural, or Environmental Protection Zones – 200m,

(b) Dwellings in other residential or business zones – 300m,

(c) Education facilities and Pre-schools – 200m, and

(d) Tourist and Visitor Accommodation – 200m.

(3) The provisions of subclause 2 do not apply to horticulture developments which do not spray pesticides.

(4) Ancillary buildings must comply with the exempt development requirements and standards contained within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(5) Ancillary bird netting can be of any area providing the netting colour is black.

2 That Council staff forward the planning proposal to the Minister for gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979.

3 Following the community consultation period, the planning proposal is to be reported back to Council for consideration of any submissions received and a final decision as to whether Council will proceed with the proposal.

OPTIONS:

· Make no alterations to the Nambucca Local Environmental Plan 2010 so ‘horticulture’ remains permissible without development consent within the RU1 Primary Production, RU2 Rural Landscape and the R5 Large Lot Residential zones.

· Authorise Council staff to proceed to prepare a planning proposal to seek to:

Ø Remove ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential, RU1 Primary Production, and RU2 Rural Landscape zones and relocate it to ‘permitted with consent’; and

Ø Make ‘horticulture’ exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 by inserting a clause which permits certain horticultural activities to be undertaken in rural zones without development consent if they meet specified criteria designed to mitigate potential conflicts with existing land uses.

· Authorise Council staff to proceed to prepare a planning proposal to seek to amend the land use tables of one or two of the land use zones mentioned above.

DISCUSSION:

A report presenting options for the prevention of conflict arising from horticulture development within the Shire was reported to Council on 27 July 2017. At that meeting Council made the following resolution:

That the item be deferred so that the heads of consideration for a Development Application can be drafted for Council’s consideration being the information required to be lodged with a Development Application and the exemption criteria whereby an application would not have to be lodged.

Information required to be lodged with a Development Application

The following information would be required to be submitted with a development application for a horticultural land use:

· Completed development application forms.

· Site Plan illustrating areas and dimensions of the land; north point; existing buildings and vegetation; setbacks of proposed crops, dams, or ancillary buildings (netting/greenhouses/sheds) from site boundaries and neighbouring land uses; proposed vehicular access and parking, storm water/erosion control measures; and any proposed landscape screening.

· Elevations of proposed ancillary buildings illustrating proposed external finishes and heights.

· A Statement of Environmental Effects (SEE) that addresses the environmental impacts of the development, how the environmental impacts of the development have been identified, and the steps to be taken to protect the environment or to lessen the expected harm to the environment (this includes social impacts). Council has a standard SEE template available on Councils website which an applicant could complete and submit with the development application. Alternatively they could prepare their own.

· If the proposal involved the removal of significant areas of vegetation, a Flora and Fauna Assessment prepared by a suitably qualified person demonstrating that the resulting impacts would not result in any significant impacts on threatened species, populations or ecological communities, or their habitats would be requested to be submitted.

· If the proposal would impact on any of the following areas on the development site:

- An area where there is an Aboriginal object or place recorded on the Aboriginal Heritage Information Management System (AHIMS),

- An area where another reliable source of information such as previous studies, reports or surveys of the land have identified that Aboriginal objects are present, or

- An area where there are landscape features as identified in the ‘Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW’ which have not been disturbed by human activity which has changed the lands surface. Examples of disturbance by human activity include ploughing, dams, fences, road/tracks, clearing vegetation, erection of buildings, earthworks, and below ground infrastructure.

A Cultural Heritage Assessment prepared by a suitably qualified person would be required to be submitted. If it was identified that the proposal would impact on an Aboriginal object or place, the development would be classified as integrated development as it would require an Aboriginal Heritage Impact Permit from the NSW Office of Environment and Heritage (OEH).

· If the proposal included the construction of a dam which resulted in the sites harvestable rights being exceeded; included the pumping of water from a river or bore; or resulted in works being undertaken within 40m of a river, lake or estuary, the development would be classified as integrated development as it would require a water use or controlled activity approval from Water NSW.

Please note that the above requirements relating to flora and fauna, Aboriginal cultural heritage, and water use are not additional matters that farmers need to address as the result of being required to lodge a development application. These are already requirements which they need to address with OEH and Water NSW.

Some sections of the public are of the opinion that requiring a development application increases ‘red tape’ associated with establishing a horticultural activity as it duplicates existing approval processes which farmers are required to go through and there is the belief that there is existing legislation in place to mitigate against potential impacts resulting from horticultural activities. This is due to their being legislation in place outside of the development application process which enables activities relating to water access, land and water pollution (including spray drift and erosion/sedimentation), and impacts to flora and fauna and Aboriginal cultural heritage to be regulated.

However, consideration needs to be given to the following:

· There is no legislation in place outside the development application process which addresses rural buffers to avoid land use conflicts with existing adjoining land uses or which address the location, size, colour and materials for ancillary structures such as sheds, netting and greenhouses. As previously advised, there is a guideline prepared by the NSW Department of Primary Industries and controls within Councils Development Control Plan which require specific rural buffers to minimise land use conflict, but these are not enforceable outside the development application process.

· The public authorities responsible with regulating the existing legislation applicable to horticultural land uses may not currently have the resources to actively investigate the breaches which arise from such land uses.

· The existing resources within those public authorities are highly unlikely to increase despite the continually expanding blueberry industry.

· Due to the lack of resources it is extremely difficult to obtain sufficient evidence to act on complaints regarding chemical spray drift.

· There is no legislation in place which requires any public consultation relating to the establishment of horticultural land uses.

Having regard to the above, it is considered that the development assessment process will assist in reducing land use conflicts and provide a clearer path for farmers looking to establish such an enterprise for the following reasons:

· Being able to enforce appropriate separation between land uses and the implementation of requirements addressing amenity impacts will minimise interaction between the horticultural activity and sensitive receivers.

· Enabling the surrounding land owners to become a part of the assessment process through public consultation will result in them being better informed about the activity proposed to be undertaken. As part of the notification process they would have access to all plans and documents submitted with the application as well as the final approved documentation. Aside from having their opinions heard, involving surrounding landowners in this manner makes it clear to both them and the applicant what can and cannot be done as part of the development. This is considered to be a proactive approach in minimising the extent of unlawful works being undertaken and would assist in reducing complaints from the public; which in turn would minimise the drain on public resources.

· Development applications would be referred to the relevant state agencies (OEH and NSW Water) to address any necessary approvals which are already required outside of the development application process. Assuming the required information is submitted with the development application as outlined above, a determination of a development application with the necessary approvals from state agencies would be expected within 60 days. Where the approvals are not required from state agencies, a determination would be expected within 40 days. This is consistent with Councils existing average development application determination timeframes. With the cooperation of the relevant state agencies, this would result in a ‘one stop shop’ for farmers looking to get approval to establish their horticulture development.

Exemption Criteria

In circumstances where adverse conflicts can be avoided for developments in the RU1 and RU2 land use zones under the Nambucca Local Environmental Plan 2010 (LEP), it is recommended that development consent not be required for horticulture development. To do this it is recommended to include the following provision in schedule 2 of the LEP:

Horticulture

(1) Must be located on land within the RU1 Primary Production or RU2 Rural Landscape Zones.

(2) Must be separated from other land uses in accordance with the following rural buffer zones:

(e) Dwellings (except those on the land where the horticulture is to be undertaken) in the R5 Large Lot Residential, Rural, or Environmental Protection Zones – 200m,

(f) Dwellings in other residential or business zones – 300m,

(g) Education facilities and Pre-schools – 200m, and

(h) Tourist and Visitor Accommodation – 200m.

(3) The provisions of subclause 2 do not apply to horticulture developments which do not spray pesticides.

(4) Ancillary buildings must comply with the exempt development requirements and standards contained within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(5) Ancillary bird netting can be of any area providing the netting colour is black.

The following is the body of report considered by Council at its meeting on 27 July 2017

At its meeting on 29 June 2017, Council made the following resolution:

That Council receive a further report relating to options for preventing conflict arising from horticultural development within the Shire.

In the past 3 years, the Blueberry industry has expanded by 40%. Most of this expansion has taken place around Coffs Harbour and Woolgoolga. The most recent expansion has occurred in greenfield sites south towards Nambucca and to the north between Halfway Creek and Grafton. Local Government Areas most affected by the growth of the industry include Coffs Harbour, Clarence Valley, Bellingen, Nambucca and more recently Kyogle.

Whilst the blueberry industry presents many positive economic benefits for the local economy, the expansion of the industry has caused some environmental issues including breaches of vegetation and water legislation and concerns about off-site environmental impacts. Social impacts from the industry are also being continually reported with concerns around scenic amenity, impacts to property values and land use conflict.

Blueberry production falls within the definition of horticulture and more broadly as intensive plant agriculture under the Nambucca Local Environmental Plan 2010 (NLEP). Under the NLEP, horticulture is permissible without consent in the RU1 Primary Production, RU2 Rural Landscape and R5 Large Lot Residential zones.

The following table compares the permissibility of horticulture within the above mentioned zones in the Nambucca local government area compared to other local government areas on the north coast.

	RU1 (or equivalent)	RU2	R5
Kyogle	Permissible without consent	Permissible without consent	Prohibited
Clarence Valley	Permissible without consent	Permissible without consent	Permissible with consent
Coffs Harbour	Permissible without consent	Permissible without consent	Permissible with consent
Bellingen	Permissible without consent	Permissible without consent	Permissible with consent
Nambucca	Permissible without consent	Permissible without consent	Permissible without consent
Kempsey	Permissible with consent	Permissible with consent	Permissible with consent
Port Macquarie	Permissible without consent	Permissible without consent	Prohibited

As can be seen above, Nambucca Shire Council is the only Council out of those mentioned which permit horticulture without development consent within the R5 Large Lot Residential zone.

The objectives of the R5 Large Lot Residential zone are as follows:

· To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

· To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

· To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

Having regard to the above, the intent of the R5 zone is to promote the development of residential land uses within the zone which minimise conflict with land uses, such as agriculture, within adjoining zones. Whilst it is considered reasonable to require any residential development in the R5 zone to provide the necessary rural buffers from agricultural activities in any adjoining rural zone; it is not considered to be reasonable to require additional buffers to agricultural land uses within the R5 zone. This is not only because it is contrary to the intent of the zone, but because in many cases the residential land uses have commenced first, as promoted by the relevant planning instruments, and implementing the required buffers from the agricultural activities in many situations would result in residential zoned land which cannot practically be developed for residential uses.

An example of this is the establishment of a blueberry plantation within an R5 zoned section of 537 Old Coast Road, North Macksville where the blueberry plantation has been planted within 2m of the dividing boundary with 501 Old Coast Road and 15 Siding Road, North Macksville. Under the current NLEP development consent was not required to plant the blueberries or erect the ancillary netting. However, this resulted in no consideration being given to the proximity of the blueberries to the future dwelling on number 501 (approved but not built) and significantly impacts the ability to further subdivide both 501 Old Coast Road and 15 Siding Road due to future allotments non-compliance with the rural buffer requirements contained within Part F of the Nambucca Development Control Plan 2010.

Given the intent is to promote residential development within the R5 zone; it is recommended that Council amend the NLEP by removing ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential zone and relocate it to ‘permitted with consent’. This will still enable the blueberry industry to expand into these areas; however, it will enable Council to regulate it to those areas of the R5 zone which will not result in adverse impacts on surrounding residential land.

With regards to the RU1 Primary Production and RU2 Rural Landscape zones, desired land uses are predominantly agricultural. However, as a result of historical planning practices undertaken by Council, there is a considerable amount of ‘rural residential’ sized lots with lawful dwellings located on them within the rural zones, small clusters of R5 zoned land mixed throughout the RU1 and RU2 zones, as well as a significant amount of dwellings within close proximity to lot boundaries. In this regard there is increased potential for land use conflicts between horticultural and residential land uses within the rural zones.

To mitigate against these potential land use conflicts, Council could seek to amend the NLEP with regards to the RU1 and RU2 zones as follows:

· Remove ‘horticulture’ from ‘permitted without consent’ in the land use table of the NLEP and relocate to ‘permitted with consent’.

· List ‘horticulture’ as exempt development in Schedule 2 of the NLEP subject to controls to mitigate potential land use conflicts such as:

Horticulture

(1) Must be located on land within the RU1 Primary Production or RU2 Rural Landscape Zones.

(2) Must be separated from other land uses in accordance with the following:

(a) Dwellings in the R5 Large Lot Residential, Rural, or Environmental Protection Zones – 200m,

(b) Dwellings in other residential or business zones – 300m,

(c) Education facilities and Pre-schools – 200m, and

(d) Tourist and Visitor Accommodation – 200m.

Additional exemptions could be incorporated into the above to exclude certain horticultural activities from complying with the above buffer requirements if they would result in minimal land use conflict if undertaken within the specified buffers. Provisions for the size, location and colour of ancillary buildings such as sheds and bird netting could also be incorporated into the above. Further consultation would need to be undertaken with the relevant stakeholders prior to formulating such exempt provisions. If Council were to support this position, this would be done and reported back to Council for consideration prior to the planning proposal being placed on public exhibition.

It is considered that the above would minimise potential conflict between proposed horticultural uses and existing lawful development as it would provide clear site specific parameters to farmers and surrounding landowners with regards to compliance with the relevant legislation. Please note that if a horticultural activity did not comply with the exempt development controls formulated by Council; it would mean a development application could be lodged with Council seeking approval for the activity. It is part of this process in which the landowner could seek to justify encroaching within specified buffer distances.

The buffer distances referred to above are derived from chapter 6 of the ‘Living and Working in Rural Areas’ handbook. The handbook has been prepared by the NSW Department of Primary Industries (DPI) and is a practical guide aimed at reducing and avoiding rural land use conflict on the NSW North Coast. A majority of north coast Councils (including Nambucca) have adopted its principles as part of their development control plans to mitigate rural land use conflicts.

It is noted that the DPI ‘Right to Farm Policy’ acknowledges that land use conflicts can occur between agricultural and residential land uses within rural zones. However, contrary to the above mentioned handbook it promotes the line that people who want to live in rural areas need to understand that land is used for productive purposes and the reality is that normal farming practices can have impacts on neighbours ranging from residual noise, light, dust and other impacts. While this position has merit, it relies on primary producers farming to the extent of what is lawful. This means compliance with the relevant legislation that govern, for example, use of chemicals, intensity and timing of lights and noise and management of odours.

To rely on the relevant legislation which regulates the above is reliant on resources to enforce. The issues with this are that the relevant authorities which are tasked with enforcing the relevant legislation do not have adequate resources to undertake enforcement action, particularly if the industry continues to expand. Another issue is that responding to any breaches of legislation is a reactive response post significant investment in the setup of horticultural land use and the undertaking of substantial works which are often environmentally damaging. In addition to this, without altering the land use table to require development consent for horticulture, there is no ability for the colour of bird netting to be regulated; which in itself presents a significant conflict with landowners surrounding horticultural land uses.

While requiring a development application for new horticultural uses within the RU1 and RU2 zones which are within recommended rural buffers to existing sensitive uses would assist to mitigate land use conflicts before they occur; this approach would be contrary to the DPI latest policy (‘Right to Farm Policy’). DPI have made it clear within that policy that they intend to work with agricultural industries in NSW to support their efforts in establishing and maintaining best practice and minimise land use conflicts.

In relation to the blueberry industry, such first steps were established at a recent blueberry and greenhouse horticulture development workshop conducted by DPI and Regional Development Australia in May 2017. A key outcome from that meeting was the idea for the development of an industry best practice code which assists farmers to appropriately plan and manage their land in accordance with the relevant legislation and provides surrounding neighbours with a clear reference as to what to expect during the operation of the horticultural land use. This then would reduce land use conflict and provide those authorities enforcing the relevant legislation with a clear reference guide.

While it is considered that the DPI approach will provide an effective way of minimising land use conflict, it is not considered to be as proactive as requiring development consent which would address site specific issues prior to the establishment of the horticultural land use; particularly those such as boundary setbacks, landscape buffers, and colours of netting which can resolve many conflicts which eventuate as a result of permitting horticulture without consent. Please note that providing exemptions as specified earlier in this report would ensure that only those horticultural activities which are most likely to cause conflict are captured by the development consent requirement.

It is considered that if DPI and the blueberry industry follow through and develop/implement an industry best practice code; this would further assist Council in determining such proposals.

Please note that it is not recommended that Council provide exemptions for ‘horticulture’ within the R5 zone as provided for above in the RU1 and RU2 zones, as it would only protect existing land uses and not the future expansion of residential development within the R5 zone.

CONSULTATION:

General Manager

Senior Town Planner

Coordinator of Strategic Planning and Natural Resources

NSW Department of Primary Industries – Response contained within attachment 1.

Australian Blueberry Growers Association – Response contained within attachment 2.

SUSTAINABILITY ASSESSMENT:

Environment

Addressed above.

Social

Addressed above.

Economic

Addressed above.

Risk

Addressed above.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Nil.

Source of fund and any variance to working funds

Nil.

Service level changes and resourcing/staff implications

Addressed above.

Attachments:

1	33776/2017 - Attachment 1 - DPI Response
2	33775/2017 - Attachment 2 - ABGA Response

Ordinary Council Meeting 14 September 2017

General Manager's Report

ITEM 9.8 DA2017/178 140917 Development Application 2017/178 - Secondary Dwelling, Lot 9 DP 8420, 27 West Street, Macksville

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

Summary:

Development Application 2017/178 was lodged with Council on 3 August 2017. The applicant proposes to build a secondary dwelling on the subject allotment. The application is being reported to Council for reasons of transparency as the applicant is a Council staff member.

Recommendation:

That Council grant development consent to the proposal in accordance with the development assessment report and recommended conditions of development consent in attachment 2 to this report.

OPTIONS:

1 To determine the application by granting Development Consent to the proposal in accordance with the recommended conditions of Development Consent contained in Attachment 2.

2 To determine the application by granting Development Consent to the proposal with modified conditions of Development Consent.

3 To determine the application by refusal.

4 To request additional information prior to making a determination.

DISCUSSION:

Site description

The site is located within an R1 – General Residential zoning precinct and is generally surrounded by detached single dwellings, although the property to the north contains an approved dual occupancy. The property to the south was formerly used by St Patrick’s Primary School. The site fronts West Street and is serviced to the rear by Provost Lane. The site slopes from the rear down to the front of the property.

Locality plan

A locality plan is shown on the following page.

Description of development

The applicant proposes to locate a secondary dwelling to the rear of the property and to provide vehicular access from Provost Lane. Plans of the proposed development are provided at Attachment 1.

The proposed development is assessed against the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:

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

It is considered that sufficient information is available to satisfy Council that the proposed development will not be contrary to the matters for consideration outlined in this section subject to the recommended conditions of consent. As such, it is not considered that the proposal will have any significant effects on threatened species, populations, communities or their habitats.

Section 79BA - Consultation and development consent—certain bush fire prone land

Not applicable

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

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

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

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

Clause	Complies	Comments
2.3 - Zone objectives and land use table	Yes	Provides an alternative type of medium density housing
4.3 - Height of buildings	Yes	The building is below the HOB limit of 10 metres
4.4 - Floor space ratio	Yes	The FSR of the two dwellings is less than 1.0
5.5 - Development within the coastal zone	Yes	Subject to the conditions of consent, the proposed development will not result in any significant impacts on the coastal environment.
5.9AA – Trees or vegetation not prescribed by a development control plan	Yes	The Nambucca Development Control Plan 2010 (NDCP) is the only DCP applicable to the proposed development. The NDCP does not prescribe for the purposes of clause 5.9 any tree or other vegetation.
7.1 – Acid Sulfate Soils	Yes	Class 5 – no conditions need to be added to consent
7.2 – Minimum lot sizes for dual occupancies	Yes	The lot is greater than 600 sq m
7.6 - Earthworks	Yes	Appropriate conditions added to consent

STATE ENVIRONMENTAL PLANNING POLICIES

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

State Environmental Planning Policy	Complies	Comments
SEPP 55 - Remediation of Land	Yes	The land is not considered to be contaminated because there are no known previous uses or activities on the site that would have resulted in any contamination of the land and the proposal does not include a change of use of the land.
SEPP 62 - Sustainable Aquaculture	Yes	It is not considered that the proposed development will result in any adverse effects on oyster aquaculture development or a priority oyster aquaculture area because of the site’s location from any of these areas, with earthworks and stormwater flows resulting from the development being appropriately managed by conditions of consent.
SEPP 71 – Coastal Protection	Yes	The proposal is considered to be consistent with the matters for consideration outlined in Clause 8 and the development controls within Part 4 because it will not contradict the aims of the policy or result in any significant impacts on the coastal environment having regard to scenic qualities, access, archaeological significance, ecosystems, coastal processes, wildlife corridors; water quality; or result in conflict between land-based and water-based coastal activities.
SEPP (Building Sustainability Index: BASIX) 2004	Yes	A current certificate has been provided and conditions are in consent to ensure construction complies with certificate.

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

Draft Coastal Management SEPP: The proposal complies with Clauses 15, 16 & 17 of the Draft SEPP

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

NAMBUCCA DEVELOPMENT CONTROL PLAN 2010

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

NAMBUCCA DCP 2010	Complies	Comments
Notification and advertising (Part A)	Yes	Notified – no submissions received.
Environmental context (Part A)	Yes	Subject to the recommended conditions of consent and as assessed throughout this report, the proposed development is considered to be satisfactory having regard to the relevant matters for consideration under clause A5.0.
Site Analysis (Part A)	Yes	Site Plan provided by applicant is adequate.
Car Parking & Traffic (Part C)		Suitable off-street hard stand parking space provided. Engineer has agreed that access via the rear lane is suitable if amended landscaping plan is approved – better sight distance. Amended plan has been submitted.
Sediment and erosion control (Part D)	Yes	Suitable conditions added to consent
Residential developments (Part H)	Yes	Development complies with all relevant controls in Part H
Waste Minimisation and Management (Part N)	Yes	Suitable conditions added to consent about construction rubbish

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

There are no planning agreements applying to the subject site.

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

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

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

(a) (v) any coastal zone management plan

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

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

Issue	Applicable	N/A	Comments
Context and Setting	X		The development is appropriate in scale, size and impact for the context and setting
Access, Transport & Traffic	X		The site has legal access.
Public Domain	X		The development will have a positive impact on the public domain.
Utilities	X		Available
Heritage	X		In accordance with the Due Diligence Code of Practice, there are no relevant confirmed site records or other associated landscape feature information on AHIMS, no other sources of information of which a person is already aware, and the development will not impact on any landscape features that are likely to indicate the presence of Aboriginal objects.
Water	X		Conditions placed on consent re stormwater disposal
Soils	X		Conditions placed on consent re erosion and sediment control
Waste	X		Waste collection services available. Condition on consent ensuring bin collection is from West Street.
Energy	X		BASIX Certificate ensures compliance with standards
Noise and Vibration	X		Conditions placed on consent re construction noise
Safety, Security and Crime Prevention	X		Will increase surveillance in the local area
Social Impact in the Locality	X		Provides a sustainable increase in the local population
Economic Impact in the Locality	X		Will provide an increase in the population, providing a stimulus to the local economy
Set Design and Internal Design	X		Complies with relevant standards
Construction	X		Considered suitable for the location
Cumulative Impacts	X		Considered appropriate for R3 zoning

(c) The suitability of the site for the development

Does the proposal fit in the locality?	Yes	No
The design of the dwelling will complement and enhance the streetscape	X
Are the site attributes conducive to development?	Yes	No
Yes, as long as the conditions of consent are complied with	X

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

No submissions were received.

(e) The public interest

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

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

Not applicable – secondary dwelling under 60 sq m

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

Not applicable – secondary dwelling under 60 sq m

CONSULTATION:

The application was notified to adjoining property owners from 10 August 2017 to 24 August 2017 in accordance with Council’s Development Control Plan. No submissions were received.

SUSTAINABILITY ASSESSMENT:

Environment

So long as the proposed development is carried out in accordance with the recommended conditions of Development Consent, the proposal will have negligible environmental impact.

Social

The proposal has a positive social impact by sustainably increasing the population of the shire and providing suitable, lower cost accommodation.

Economic

The proposal will have a small positive economic impact in terms of construction work and adding to the population of the shite.

Risk

So long as the proposed development is carried out in accordance with the recommended conditions of Development Consent, there is no risk exposure for Council.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Nil

Source of fund and any variance to working funds

Nil

Service level changes and resourcing/staff implications

Nil

Attachments:

1	32976/2017 - Attachment 1 - DA 2017/178 Plans to be approved
2	32904/2017 - Attachment 2 - DA 2017/178 Draft Conditions of Consent

Ordinary Council Meeting - 14 September 2017

Development Application 2017/178 - Secondary Dwelling, Lot 9 DP 8420, 27 West Street, Macksville

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 plan(s) endorsed with the Council stamp, dated <insert date> and set out in the following table except where modified by any conditions of this consent.

Plan Title/Description	Dwg. No	Prepared by	Dated
Landscape Plan
Floor Plan
Site Plan			28/07/2017
Elevations			28/07/2017
Contour and Detail Plan	16002	Amos & McDonald	1/2/2016

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

Domestic waste collection

2 Household bins are to be placed on Council's road reserve on West Street for collection. Bins may only be placed on the road reserve on the day of collection (or the immediate evening before) and must be removed from the road reserve on the day of collection.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY BUILDING OR CONSTRUCTION WORKS COMMENCING

Construction Certificate

3 The erection of the building the subject of this development consent MUST NOT be commenced until:

a Detailed plans/specifications of the building have been endorsed with a Construction Certificate by:

i the Council, or

ii an accredited certifier, and

b The person having the benefit of the development consent has:

i Appointed a Principal Certifying Authority (PCA) for the building work, and

ii Notified Council of the appointment, and

iii Notified the PCA that the person will carry out the building work as an owner-builder; or appointed a contractor for the building work who is the holder of a contractor licence if any residential building work is involved, notified the PCA of any such appointment, and notified the contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building 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 PCA and the date construction work is proposed to commence.

Residential Building Work

4 For residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, such a contract of insurance must be in force before any building work commences.

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

a In the case of work for which a principal contractor is required to be appointed:

· The name and licence number of the principal contractor, and

· The name of the insurer by which the work is insured under Part 6 of that Act; or

b In the case of work to be done by an owner-builder:

· The name of the owner-builder, and

· If the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified in accordance with the above points becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

Site Construction Sign

5 A sign must be erected before the commencement of the work in a prominent position within the frontage of the subject land:

a Showing the name, address and telephone number of the principal certifying authority for the work, and

b Showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c Stating that unauthorised entry to the work site is prohibited.

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

Public Liability

6 All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. A minimum of $20 million public liability insurance cover is to be maintained for the duration of the construction of the development. Council is to be nominated as an interested party on the policy. Council is not to be held responsible for any negligence caused by the undertaking of the works.

Erosion & Sediment Control

7 Erosion and sedimentation controls are to be in place in accordance with the NSW Landcom publication “Managing Urban Stormwater: Soils and Construction – Volume 1, Landcom 2004” and the Nambucca Development Control Plan 2010 prior to the commencement of works. Particular attention is to be given to the provision of the following sediment and erosion control measures:

· Temporary driveway from the edge of road to the building site;

· Temporary downpipes connected immediately after the roof has been erected;

· Sediment fencing.

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

Notice of Plumbing Works

8 The licensed plumber must submit a Notice of Works (NoW) to Council prior to any work being commenced on-site:

a No later than 20 business days before the work concerned is carried out in the case of work that requires a proposed alternative solution; or

b No later than 2 business days before the work is carried out in any other case.

Toilet facilities

9 Toilet facilities must be available at or in the vicinity of the work site before works begin at a ratio of one toilet plus one additional toilet for every twenty (20) persons employed at the site. Each toilet must be:

a A standard flushing toilet connected to a public sewer; or

b Connected to an on-site effluent disposal system approved under the Local Government Act 1993; or

c Be a portable hire toilet which is regularly serviced by the hire agent. All waste must be disposed of at lawful premises.

The availability of each toilet must be maintained until the works are completed.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

Building Code of Australia

10 All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate was made.

Shoring and Adequacy of Adjoining Property

11 If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

a Protect and support the adjoining premises from possible damage from the excavation, and

b Where necessary, underpin the adjoining premises to prevent any such damage.

Construction Times

12 Any works involving the generation of noise which extends beyond the boundary of the land, other than works required in an emergency to avoid the loss of life, damage to property and/or to prevent environmental harm, shall only be carried out between 7:00 am and 6:00 pm Monday to Saturday inclusive. No works shall occur on public holidays.

The builder/site manager is responsible to instruct and control sub-contractors regarding the hours of work.

Construction Waste and Materials

13 All construction waste must be contained on the subject land in a suitable waste enclosure and disposed of at a facility that may lawfully accept the waste. Building materials are to be delivered directly onto the subject land. Public roads and reserves are to be maintained clear of rubbish, building materials and all other items.

Maintenance of Erosion and Sediment Control Measures

14 Erosion and sediment control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

Discovery of a Relic

15 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.

Plumbing Standards & Inspections

16 All Plumbing, Water Supply and Sewerage Works are to be installed and operated in accordance with the Local Government Act 1993, Plumbing and Drainage Act 2011, the Plumbing Code of Australia, and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.

Works must only be installed by a licensed person and must be inspected and given final clearance from Council prior to issue of an Interim or Occupation Certificate.

The following inspections are required to be carried out by Council in regard to the installation of plumbing and drainage works:

a All sanitary plumbing and drainage (under slab, connection to Councils sewer and all associated trenches).

b All potable water supply plumbing (under slab, connection to Councils water supply and all associated trenches).

c Completion of all plumbing and drainage works (Certificate of Compliance and Sewer Service Diagram required).

d Rainwater supply

Council requires a certificate of compliance for all rough-ins (pipework enclosed in wall cavities) to be supported by evidence of hydrostatic test of pipework. The certificate of compliance must be provided to Council prior to the issue of an occupation certificate.

Note: Council requires a minimum of 48 hours’ notice to undertake each inspection. You will need to quote your development application number when you contact Council to arrange your inspection and payment of inspection fee.

Driveway Inspections

17 The following inspections are required to be carried out by Council in regard to driveway construction works within the public road reserve:

(a) Pre and reo prior to undertaking concrete or bitumen sealing works; and

(b) Final completion.

Note: Council requires a minimum 48 hours’ notice to undertake each inspection. Inspections are done on a Tuesday or Thursday between 7.30 – 12.00 and 1.30pm - 3.30pm preferably. Inspections outside these times can be arranged in liaison with Council. You will need to quote your development application number when contacting Council to arrange an inspection and ensure all fees have been paid and a Certificate of Currency for Public Liability in the name of the company and/or person doing the work has been supplied to Council.

Driveway Works

18 The work is to proceed as quickly as reasonably possible and is to be done in such a manner that the minimum of inconvenience to pedestrian or vehicular traffic is caused and care must be taken for pedestrian safety both during and after construction.

Where any of the work involved in constructing the access is carried out on the roadway, appropriate signage and traffic control is to be provided. Applicants are to be familiar with and conform to the requirements of AS1742.3-2002, Traffic Control Devices for Works on Roads and in particular any traffic controllers are to possess a Traffic Control (Flagman) Certificate.

Any works on a Public Road Reserve are classified as High Risk Construction as defined in the Work Health and Safety Act 2011. All works is to be carried out in accordance with this Act and Work Health and Safety Regulation 2011 copies of which may be obtained from WorkCover.

For the purposes of the Work Health and Safety Act 2011 “the applicant” will be the Principal Contractor.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO OCCUPATION OF THE BUILDING

Occupation Certificate

19 The development shall not be used or occupied until an Occupation Certificate has been issued by the Principal Certifying Authority.

Note: A copy of any relevant fire safety certificate and compliance certificates must be provided to Council prior to undertaking the final building inspection. Fire safety certificates are not required for class 1a and class 10 buildings (dwelling houses, ancillary sheds, etc.)

Works to be Completed

20 All of the works required by this development consent, including any other certificates/approvals that are necessary for the completion of this development, are to be completed prior to the issue of an occupation certificate or occupation of the development (whichever occurs first).

BASIX Certification

21 The development must be implemented and all BASIX commitments thereafter maintained in accordance with BASIX Certificate No(s) 842419S.

Urban Driveway

22 Prior to the issue of an Occupation Certificate, the use of the development or any other written agreement with Council (whichever occurs first), construct a sealed driveway from the edge of the existing road seal to the approved car parking spaces in accordance with Council’s “Requirements for Residential Driveway Construction” plan, drawing no. F.005 (attached), or in accordance with any other approval granted by Council.

Stormwater Drainage

23 Stormwater must be collected and disposed of to the kerb and gutter via a suitably manufactured kerb adaptor. Drainage lines within the road reserve must be sewer class or other approved equivalent. All drainage works must be installed by a suitably qualified person and in accordance with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

Sewer and Water Connection

24 Sewer and water supply is to be connected to the premises in accordance with an approval granted under Section 68 of the Local Government Act 1993.

A Certificate of Compliance and Sewer Service Diagram must be submitted to Council and the owner in accordance with the Plumbing and Drainage Act 2011 and Regulations in the appropriate form within 7 working days of the completed work and prior to an Occupation Certificate being issued.

Damage to Council’s Infrastructure

25 Where any damage occurs to Council’s infrastructure during construction, such as kerb and gutter, footpaths, inlet pipes, etc, fronting the development site, the principal contractor shall replace or make good the damaged infrastructure prior to occupation of the development. Approval from Council must be obtained for all works on public land.

Street Number

26 The street number for this property is 2/27 West Street The number must be displayed within the frontage of the subject land so that it is visible from West Street. The number must be maintained for the life of the development.

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;

c is consistent with the aims and objectives of Council’s Development Control Plans, Codes and Policies.

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

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

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

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

Ordinary Council Meeting - 14 September 2017

Draft Section 94A Developer Contributions Plan for Approval

Introduction

Section 94A of the Environmental Planning and Assessment Act 1979 gives Council the power to impose as a condition of development consent a requirement that the applicant pay a levy of a fixed percentage of the cost of the proposed development. Section 94B of the Act requires that a condition imposed under Section 94A must be in accordance with a contributions plan. Subject to the plan, money received as payment under a condition must be applied towards the provision, extension or augmentation of public amenities or public services.

Requirements of the Plan

1 Name of this Contribution Plan

This plan is the Nambucca Shire Council Section 94A Development Contributions Plan 2013.

2 Area and development to which the Plan applies

This plan applies to development other than residential on all land that is identified in the map in Schedule 1.

This plan applies to applications for development consent and applications for complying development certificates under Part 4 of the EP&A Act 1979 except development for residential purposes.

3 Date of commencement of the Plan

This plan was adopted by Council on 24 April 2013 and commences on 6 May 2013. It applies to development applications determined after the plan commences.

If a development application has been made but has not been determined before this plan commences, the application is to be determined in accordance with the contribution plan or plans in force at the time the application was made.

The life of this plan is five years, at which time it will be reviewed.

4 Relationship to other Plans

This plan repeals the following Section 94 contributions plans:

· Car Parking for Macksville CBD Development/Redevelopment 2003

· Car Parking for Bowra Street Western Redevelopment Nambucca Heads 1999

5 Summary schedules

Levies paid to Council will be applied toward meeting the cost of provision or augmentation of new or existing public facilities in the areas as listed in Schedule 1. The locations of those facilities are within the catchments as shown on the maps included in Schedule 1.

The Section 94A contributions levied under this plan are set out in the following table for types of development and the percentage of levies on the costs of development.

Proposed cost of development	Maximum percentage of levy
Up to $100,000	Nil
$100,001 - $200,000	0.5 percent
More than $200,000	1.0 percent

The determination of the cost of development is explained in Section 9 of this plan.

A Council cannot impose a condition of the same development consent a condition under Section 94 as well as a condition under Section 94A of the EP&A Act, except where the development is for two components such as a subdivision and commercial/industrial development.

A condition imposed under Section 94A is not invalid by reason only that there is no connection between the development in the subject of the development consent and the object of expenditure of any money to be paid by the condition.

A condition imposed under Section 94A that is allowed by or determined in accordance with this contributions plan may not be disallowed or amended by the Court on appeal.

Conditions on development consents or complying development certificates authorised by this plan are subject to any direction by the Minister under Section 94E of the Act. This plan authorises the imposition of conditions in accordance with any such direction.

6 Purposes of the Plan

The main purposes of this plan are to:

· Authorise the imposition of a condition on certain development consents and complying development certificates requiring the payment of a contribution pursuant to Section 94A of the EP&A Act 1979;

· Require a certifying authority (the Council or an accredited certifier) to impose, as a condition of issuing a complying development certificate, a requirement that the applicant pay to the Council a levy determined in accordance with this plan, if development consent was granted subject to a condition authorised by this plan; and

· Govern the application of money paid to the Council under condition authorised by this plan.

7 Demand for public amenities and public services

This plan is based on the provision of new, extended and augmented public amenities, services and infrastructure to support the growth and development of the Nambucca Shire Council. New residents will have inadequate levels of service if Council does not take action to provide amenities and infrastructure to cope with the new growth or extend and augment existing facilities. The levels of service for the existing population will also decline if there is inadequate public investment.

The population projections undertaken by Council and using ABS Census 2011 data, indicate that continued population growth in Nambucca Shire is expected. The projected population for 2023 is expected to be around 22,000 people, an increase of 180 people per year between 2013 and 2023, or an increase of .9% per year.

As part of this population growth there will be an associated growth in non-residential development, particularly in the form of commercial and industrial development. This increase in development will create a demand for new and augmented public amenities and facilities which include:

· New and upgraded road networks

· Traffic management facilities

· Car parking

· Town Centre improvement works

To cater for this increased demand for public facilities, Council proposes to carry out the construction of facilities in areas identified in Schedule 1, which are in addition to works identified in Council’s other s94 Contributions Plans.

Administration and Operation of the Plan

8 Calculation of the levy

The levy will be determined on the basis of the rate as set out in Section 5. The levy will be calculated as follows:

Levy Payable = %Cx$C

Where

%C is the levy rate applicable

$C is the proposed cost of carrying out the development

9 Determining the cost of development

The cost of carrying out a proposed development will be determined in accordance with clause 25J of the EP&A Regulation 2000. A copy of this clause is provided in Attachment B.

To provide reliable information on the cost of carrying out a development, the applicant for a development consent or complying development certificate is to provide details with the application in accordance with the plan. There are two levels of information provision, depending on the scale of the cost of development:

Development cost between $101,000 and $500,000

Where the cost of carrying out a proposed development is in this range, a Cost Summary Report (at Attachment 1) must be completed by the applicant or a nominated representative such as the project architect or project manager.

Development cost more than $500,000

Where the cost of carrying out a proposed development is in this range, a Detailed Cost Report (at Attachment 2) must be completed by a Quantity Surveyor registered with the Australian Institute of Quantity Surveyors or a person who can demonstrate an equivalent qualification.

Without limitation to the above, the valuation of the cost of development may be reviewed and the services of an independent qualified person may be sought to verify the development cost assessment. In these cases, all costs associated with obtaining such advice will be at the expense of the applicant.

10 Timing of payment and adjustment of contributions

In accordance with Council’s Policy on Section 94 (Developer Contributions), contributions payments must be made prior to the release of the occupation certificate (for development applications involving building work). Council also requires payment of any costs associated with verifying the cost assessment prior to the issue of the occupation certificate.

The only exceptions are where a works in kind, material public benefit or dedication of land has been agreed to by the Council. In such cases, the Council will issue a letter confirming that an alternative payment method has been agreed with the applicant.

As the date of payment of a contribution under a consent condition may be later than the consent date, Clause 25J (4) of the Regulation allows Council to adjust the contribution to reflect cost increases during this period. Contributions will be adjusted at the time of payment of the contribution using the following formula:

Contribution at the time of payment

C₂ = C₁ x CPI ₂

CPI₁

Where:

C₁ = Monetary contribution imposed on the development consent

C₂= Monetary contribution at the time the contribution is paid

CPI₁ = Latest Consumer Price Index: All Groups Index Number for Sydney available from the Australian Bureau of Statistics (ABS) at the time of granting the relevant development consent.

CPI ₂ = Latest Consumer Price Index: All Groups Index Number for Sydney available from the ABS at the time of payment.

11 Complying development certificates

Pursuant to Section 94EC(1) (a) and Section 85A (9) of the EP&A Act 1979, where an accredited certifier issues a complying development certificate for a development to which this plan applies, the certificate must be subject to a condition requiring the applicant to pay to Council the levy in accordance with this plan.

The condition imposed by an accredited certifier on a complying development certificate must include details of the requirements of Section 10 of this plan concerning when payment of the levy is to be made to Council, the requirement for evidence confirming payment and the formula for adjusting the amount of the payment to account for the possible difference in time between consent date and payment date.

The imposition of a condition on a complying development certificate issued by a certifying authority as authorised by this plan is subject to compliance with any Ministerial directions given under Section 94E of the EP&A Act 1979.

12 Alternative to paying a levy

Council may accept the dedication of land or provision of a material public benefit or works in kind in part or full satisfaction of a Section 94A levy under this plan.

As a general rule, only land or works directly associated with the roads and traffic improvements, public domain improvements and community facilities as indicated in Schedule 1 may be considered as a material public benefit or work in kind in satisfaction of the contributions levy. Applicants must provide full details, costs and valuations of land or works.

If Council agrees to an alternative to the levy, it will either require the alternative as a condition of consent, or accept it under the terms of a Voluntary Planning Agreement.

13 Deferred or periodic payments

Council will accept a deferred or periodic payment of contributions subject to the contribution being secured by Bank Guarantee and the deferment being no longer than 24 months. In such a case, the applicant must make a written request.

Council will require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on the condition that:

1 indexing will be calculated from the date the contribution was due until the date of payment;

2 the bank guarantee be by a bank for the amount of the total contribution, or the amount of any outstanding contribution plus an amount equal to 25 months’ interest plus any charges associated with establishing or operating the bank security;

3 the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than 24 months from the provision of the guarantee or completion of the work;

4 the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development;

5 the bank’s obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required;

6 where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest has been paid;

7 the applicant will be charged an administrative fee based on the professional fees set in Council’s Revenue Policy; and

8 periodic payments for a staged development will be on a pro rata basis – the proportion of the stage of the development in relation to the overall development.

14 Exemptions to the levy

Under the provisions of section 94E of the Act, the Minister for Planning and Infrastructure has specified exemptions from a levy under the Plan to apply to the following development:

· Where the proposed cost of carrying out the development is $100,000 or less

· For the purpose of disabled access

· For the sole purpose of providing affordable housing

· For the purpose of reducing the consumption of mains supplied potable water, or reducing the energy consumption of a building

· For the sole purpose of the adaptive re-use of an item of environmental heritage or

· Other than the subdivision of land, where a condition under section 94 of the Act has been imposed under a previous development consent relating to the subdivision of the land on which the development is proposed to be carried out.

Other exemptions from a levy under this plan may be considered by Council for the following development or components of development:

· Places of worship, public hospitals, police stations, fire stations and other emergency services.

· Works proposed to be undertaken for charitable purposes by, or on behalf of, a not for profit charity as defined by the ATO but only in cases were the development is of small scale and where the Council considers that there will not be an increase in the demand for public works or infrastructure as a result of the development which would warrant the payment of a Section 94A levy.

· Applications submitted by or on behalf of Nambucca Shire Council.

15 Administration of the Section 94A funds

Nambucca Shire Council is to administer the money obtained from the Section 94A levy and make decisions on the application of funds applied towards the provision, extension or augmentation of public amenities, infrastructure or public services for the Nambucca Shire Council area in accordance with the EP&A Act 1979 and Regulation 2000.

This plan expressly authorises Section 94A levies paid for different purposes to be pooled and applied (progressively or otherwise) for the purposes indicated in Schedule 1, including with funds from other Council sources.

This plan also expressly authorises that unspent monies collected through previous (and now repealed) Section 94 plans are to be expended as if they were funds received under a Section 94A plan on works identified in the previous plans where those works have been carried across to the Works Schedules included in this plan.

Furthermore, where works identified in previous Section 94 plans are no longer considered necessary, then this plan authorises that the unspent money be transferred to this plan and spent on the works identified in the Works Schedule of this plan, which are similar to the works categories included in the previous Section 94 plans.

16 Dictionary

In this plan, unless the context or subject matter otherwise indicates or requires, the following definitions apply:

Council means Nambucca Shire Council

Levy means a levy under Section 94A of the Act authorised by this plan

Minister means the Minister administering the Environmental Planning and Assessment Act 1979

Public facility means a public amenity or public service

The Act means the Environmental Planning and Assessment Act 1979

Regulation means the Environmental Planning and Assessment Regulation 2000

Schedule 1 – Works Schedule and Maps

The table below provides a summary of the works or services for which funds collected under this plan will be used, including an estimate of the annual expenditure under this plan. Funds collected under this plan may provide only a part of the cost of works, infrastructure and services. The table also indicates the priority of their provision, extension or augmentation which may be subject to availability of supplementary funding.

The actual timing of delivery of works is subject to change as it is influenced by the following factors:

· The rate and timing of development from which contributions are collected;

· The pooling of sufficient funds to enable provision, extension or augmentation of amenities and services;

· The requirements of Council’s annual works program from year to year; and

· The relationship between works and other events.

Location	Works Program	Estimated Annual Expenditure*
Macksville	Streetscape, Parking, Road and Intersection Upgrades	$10,000
Nambucca Heads	Streetscape, Parking, Road and Intersection Upgrades	$10,000
Bowraville	Streetscape, Parking, Road and Intersection Upgrades	$5,000
Valla Urban Growth Area	Streetscape, Parking, Road and Intersection Upgrades	$5,000

* comprised of estimated contributions collected under this plan over the life of the plan, and pooled funds collected under plans which have been repealed with the implementation of this plan.

Ordinary Council Meeting - 14 September 2017

Draft Section 94A Developer Contributions Plan for Approval

Attachment A

Procedure

A cost summary report is required to be submitted to allow Council to determine the contribution that will be required. The following should be provided:

1 A cost summary report must be completed for works with a value no greater than $500,000.

2 A Quantity Surveyor’s Detailed Cost Report must be completed by a registered Quantity Surveyor for works with a value greater than $500,000.

To avoid doubt, section 25J of the Environmental Planning and Assessment Act 1979 sets out the things that are included in the estimation of the construction costs by adding up all the costs and expenses that have been or are to be incurred by the applicant in carrying out the development, including the following:

(a) If the development involves the erection of a building, or the carrying out of engineering or construction work – the costs of or incidental to erecting the building, or carrying out the work, including the costs (if any) of and incidental to demolition, excavation and site preparation, decontamination or remediation

(b) If the development includes a change of use of land – the costs of or incidental to doing anything necessary to enable the use of the land to be changed

(c) if the development involves the subdivision of land – the costs of or incidental to preparing, executing and registering the plan of subdivision and any related covenants, easements or other rights.

Cost Summary Report

(Development cost of less than $500,000)

Development Application No.
Complying Development Certificate Application No.
Date

Applicant’s Name
Applicant’s Address
Development Name
Development Address

Estimate Details

Demolition and alternations	$
Structure	$
External walls, windows and doors	$
Internal walls, screens and doors	$
Wall finishes
Floor finishes	$
Ceiling finishes	$
Fittings and equipment	$
Hydraulic services	$
Mechanical services	$
Fire services	$
Lift services	$
External works	$
External services	$
Other related work	$
Sub-total	$

Preliminaries and margin	$
Sub-total	$

Consultant fees	$
Other related development costs	$
Sub-total	$

Goods and Services Tax	$
TOTAL DEVELOPMENT COST	$

I certify that I have:

· Inspected the plans the subject of the application for development consent or construction certificate.

· Calculated the development costs in accordance with the definition of development costs in clause 25J of the Environmental Planning and Assessment Regulation at current prices.

· Included GST in the calculation of development cost.

Signed: _______________________________________________

Name: _______________________________________________

Position and qualifications: _______________________________________________

Date: _______________________________________________

Registered* Quantity Survey’s Detailed Cost Report

(Development costs in excess of $500,000)

*Member of the Australian Institute of Quantity Surveyors

Development Application No.
Complying Development Certificate Application No.
Date

Applicant’s Name
Applicant’s Address
Development Name
Development Address

Development Details

Gross Floor Area - Commercial	m²	Gross Floor Area - Other	m²
Gross Floor Area - Retail	m²	Total Gross Floor Area	m²
Gross Floor Area – Car Parking	m²	Total Site Area	m²

Total Development Cost
Total Construction Cost
Total GST

Estimate Details

Professional Fees	$	Excavation	$
% of development cost	%		$/ m²
% of construction cost	%	Car Park	$
Demolition and site preparation	$	Cost per m² of site area	$/ m²
Cost per m² of site area	$/ m²	Cost per space	$
Construction - Commercial	$	Fit-out - Commercial
Cost per m² of commercial area	$/ m²	Cost per m² of commercial area	$/ m²
Construction - Retail	$	Fit out - Retail	$
Cost per m² of retail area	$/ m²	Cost per m² of retail area	$/ m²

I certify that I have:

· Inspected the plans the subject of the application for development consent or construction certificate.

· Prepared and attached an elemental estimate generally prepared in accordance with the Australian Cost Management Manuals from the Australian Institute of Quantity Surveyors.

· Calculated the development costs in accordance with the definition of development costs in the S94A Development Contributions of Nambucca Council at current prices.

· Included GST in the calculation of the development costs.

· Measured gross floor areas in accordance with the Method of Measurement of Building Area in the AIQS Cost Management Manual Volume 1, Appendix A2.

Signed: _______________________________________________

Name: _______________________________________________

Position and qualifications: _______________________________________________

Date: _______________________________________________

Attachment B – Determination of proposed cost of development

Clause 25J of the Environmental Planning and Assessment Regulation 2000 (for 1 August 2011)

25J Section 94A levy – determination of proposed cost of development

(1) The proposed cost of carrying out development is to be determined by the consent authority, for the purpose of a Section 94A levy, by adding up all the costs and expenses that have been or are to be incurred by the applicant in carrying out the development, including the following:

(a) if the development involves the erection of a building, or the carrying out of engineering or construction work – the costs of or incidental to erecting the building, or carrying out the work including the costs (if any of and incidental to demolition, excavation and site preparation, decontamination or remediation,

(b) if the development involves a change of use of land – the costs of or incidental to doing anything necessary to enable the use of the land to be changed,

(2) For the purpose of determining the proposed cost of carrying out development, a consent authority may have regard to an estimate of the proposed cost of carrying out the development prepared by a person, or a person of a class, approved by the consent authority to provide such estimates.

(3) The following costs and expenses are not to be included in any estimate or determination of the proposed cost of carrying out development:

(a) the cost of the land on which the development is to be carried out;

(b) the costs of any repairs to any building or works on the land that are to be retained in connection with the development;

(d) the costs associated with legal work carried out or to be carried out in connection with the development;

(e) project management costs associated with the development;

(f) the cost of building insurance in respect of the development;

(g) the costs of fittings and furnishings, including any refitting or refurbishing, associated with the development (except where the development involves an enlargement, expansion or intensification of current use of land);

(h) the costs of commercial stock inventory;

(i) any taxes, levies or charges (other than GST) paid or payable in connection with the development by and under any law;

(j) the costs of enabling access by disabled persons in respect of the development;

(k)the costs of energy and water efficiency measures associated with the development;

(l) the cost of any development that is provided as affordable housing;

(m) the costs of any development that is the adaptive reuse of a heritage item.

(4) The proposed cost of carrying out development may be adjusted before payment, in accordance with a contributions plan, to reflect quarterly or annual variations to readily accessible index figures adopted by the plan (such as a Consumer Price Index) between the date the proposed cost was determined by the consent authority and the date at which the levy is required to be paid.

(5) To avoid doubt, nothing in this clause affects the determination of the fee payable for a development application.

DA NUMBER	DATE OF RECEIPT	PROPOSAL	ADDRESS
2017/179	3 August 2017	Telecommunications Facility (Mobile Phone Tower)	Lot 3 DP 1147417, 1079 Scotts Head Road, Scotts Head
Four submissions have been received – they oppose the proposal · Proposed development is an unsightly structure which will spoil the bushland views · It will threaten existing native fauna and impact habitat of native fauna · Concerned about electromagnetic energy impacts on nearby residents and the school · No evidence that the local community will benefit from it · No detailed consideration of alternative sites · Exceeds height limit for site · In Acid Sulphate Soils Class 2 area · Located in an area of “threatened Remnant Coastal Wetland”
STATUS: Being assessed- waiting for flora and fauna report and SEPP 44 Koala Habitat Protection report.

Location:	Lifelong Learning and Cultural Centre (LLLCC), Scotts Head Public School
Date:	23 August 2017
Time:	5.30pm
Attendees:	Cr Anne Smyth (Returning Officer), Moira Ryan, Janet Court, Chris Mattick, Tom Rice, Lorien Brien, Bernie Ashcroft, Paul Foley, Russell Simmons, Jasper Young, Kelly Pacey.
Apologies:	James Ledger, Annette Balfour, Judy Browne.

Location:	Lifelong Learning and Cultural Centre (LLLCC), Scotts Head Public School
Date:	23 August 2017
Time:	6.00pm
Attendees:	Cr Anne Smyth, Moira Ryan, Janet Court, Chris Mattick, Tom Rice, Lorien Brien, Bernie Ashcroft, Paul Foley, Russell Simmons, Jasper Young, Kelly Pacey.
Apologies:	James Ledger, Annette Balfour.

MEETING	DATE	VENUE	COMMENCING
Access Committee	26 September	Council Chambers	2.00 PM
On-site Inspection	28 September	Scotts Head Tennis Courts
Ordinary Council Meeting	28 September	Scotts Head at SLSC	5.30 PM
Traffic Advisory Committee	3 October	Committee Room	10.30 AM
Ordinary Council Meeting	12 October	Council Chambers	5.30 PM
Access Committee	24 October	Council Chambers	2.00 PM
Ordinary Council Meeting	26 October	Valla Beach Community Association Hall	5.30 PM
NSW Rural Fire Service SLA Meeting	8 November	NEOC Building	09.00 AM
Audit & Risk Improvement Committee	8 November	Council Chambers	10.30 AM
Vehicular Access to Beaches Committee	10 November	Council Chambers	1.30 PM
Ordinary Council Meeting	16 November	Council Chambers	5.30 PM
Access Committee	28 November	Council Chambers	2.00 PM
Ordinary Council Meeting	30 November	Burrapine Hall	5.30 PM
Traffic Advisory Committee	5 December	Committee Room	10.30 AM
Land Development Committee Meet	14 December	Council Chambers	3.30 PM
Ordinary Council Meeting	14 December	Council Chambers	5.30 PM

1	32594/2017 - Adin Street Reserve Committee of Management - Office bearers
2	32595/2017 - Minutes of meeting held 23 August 2017 - Adin Street Reserve Committee of Management