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
3 DISCLOSURE OF INTEREST
Ordinary Council Meeting - 31 August 2017.................................................................................. 6
5.1 Transfer of Rural Fire Service (RFS) Brigade Stations to the RFS or the Crown.................. 20
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
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.
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 |
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
NOTICE OF MOTION - CR Hoban
NOTICE OF MOTION - CR Hoban
NOTICE OF MOTION - CR Hoban
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
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
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:
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.
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
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.
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
444/17 RESOLVED: (Finlayson/Ainsworth)
That Council adopt the Related Party Disclosures Policy.
|
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.
|
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
ITEM 5.1 SF2303 140917 Transfer of Rural Fire Service (RFS) Brigade Stations to the RFS or the Crown
AUTHOR/ENQUIRIES: Rhonda Hoban, Councillor
Summary:
The operating arrangements for the Rural Fire Service have changed significantly since the 1980’s when they were managed by Councils. Unfortunately some aspects in relation to RFS financing and assets have not progressed the same way with the ownership and maintenance responsibility for brigade stations remaining with councils.
RFS buildings still sit on the asset registers of councils and councils must account for their depreciation.
Given the changes that have occurred in the management of the RFS it would seem logical for the ownership of and responsibility for brigade stations to be transferred to the RFS or the Crown.
A simple transfer of title without compensation is proposed.
|
That council submit the following motion to LGNSW for inclusion in the LGNSW Annual Conference 2017 Business Paper:
“That LGNSW initiate discussion with the state government with a view to transferring without compensation ownership of and responsibility for Rural Fire Service Brigade Stations to either the Rural Fire Service or the Crown”.
|
Ordinary Council Meeting 14 September 2017
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 |
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. |
|
|||||
|
|
|
|
|
|
|
|||||
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 |
|
|
|
|
|
|
|
|
|
|
|
|
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. |
|
|
|
|
|
|
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. |
There are no attachments for this report.
Ordinary Council Meeting 14 September 2017
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.
|
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.
Ordinary Council Meeting 14 September 2017
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.
|
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.
43190/2016 - North Macksville Hospital Site |
|
Ordinary Council Meeting - 14 September 2017 Concept Design to Provide Water and Sewerage Services to the Proposed New Macksville Hospital |
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.
|
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.
33877/2017 - Concept Plans for Extension of Nambucca Heads Library |
|
Ordinary Council Meeting - 14 September 2017 Regional Cultural Fund - Expressions of Interest for Extension of the Nambucca Heads Library and Improved Sound and Lighting for the Bowraville Theatre |
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.
|
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.
33776/2017 - Attachment 1 - DPI Response |
|
|
33775/2017 - Attachment 2 - ABGA Response |
|
Ordinary Council Meeting - 14 September 2017 Conflict Arising from Horticulture within the Nambucca Shire |
Ordinary Council Meeting - 14 September 2017 Conflict Arising from Horticulture within the Nambucca Shire |
ITEM 9.6 DA2016/010 140917 Review of Section 64 Developer Contributions
AUTHOR/ENQUIRIES: Daniel Walsh, Manager Development and Environment; Michael Coulter, General Manager
Summary:
It is not considered that a summary is necessary.
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.
|
1 That Council reduce the Section 64 developer contributions payable under development consent DA2016/010 so that they are no greater than those payable under previous development consents for the subdivision of Lot 33 DP 1212788 (Macksville Heights Estate).
2 That the reduced section 64 developer contributions only apply for a maximum period of 4 years.
3 That Council staff be given delegated authority to modify development consent DA2016/010 accordingly.
|
OPTIONS:
· Provide a reduction in developer contributions.
· Not provide a reduction in developer contributions.
DISCUSSION:
On 23 August 2017 the General Manager and all Councillors received an email from Mr Steve McEvoy which requested Council reduce its section 64 developer contributions shire wide. As a minimum, it was requested that Council reduce the developer contributions applicable to his land at Lot 2 DP 1076480 and Lot 21 DP 1084161 – Upper Warrell Creek Road, Macksville (the land).
A notice of motion was put forward at the Council meeting on 31August 2017, with the following resolution made:
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.
Development consent DA2016/010 was granted for a 45 lot subdivision on the land on 9 June 2016.
Previously Council had granted development consent for the subdivision of the land under three separate development applications in 2005 and 2006. There may be contention as to whether or not those development consents may have lapsed for want of physical commencement but Mr McEvoy maintains he acted on professional advice to lodge a new development application to consolidate and improve upon the three previous consents.
There are a large number of Land and Environment Court decisions in relation to “physical commencement” and an absolute determination as to whether or not “physical commencement” has been achieved can be problematic.
Had those development consents been physically commenced, the developer contributions payable for each lot would have been the ‘grandfathered’ contribution figure. However, because the latest development consent is post 2012, the ‘grandfathered’ rate no longer applies.
Mr McEvoy’s reason for asking for a specific variation for the land is because the land currently being sold by his neighbour at Macksville Heights Estate (Lot 33 DP 1212788) was physically commenced and is subject to the ‘grandfathered’ rate. Mr McEvoy believes that his neighbour is getting an unfair advantage over him and has requested that his contributions be reduced to match his neighbour.
The figures below represent the contributions payable per lot by both parties in accordance with the 2017/18 fees and charges:
Mr McEvoy – $12,974.00 (Water)
$ 7,292.00 (Sewer)
Total = $20,266.00
Macksville Heights Estate – $ 5,241.00 (Water)
$ 7,845.00 (Sewer)
Total = $13,086.00
As can be seen, Mr McEvoy is required to pay an additional $7,180.00 per lot more than his neighbour.
Given Mr McEvoy’s record in undertaking such developments within the area, his intention to commence development consent DA2016/010, that his land is located between the Macksville south release area and the existing developed area around Preston Drive (illustrated below), and that the development of the land in accordance with the development consent would result in greater connectivity within the area as specified in Councils Development Control Plan; it is recommended that Council agree to reduce s64 developer contributions payable under development consent DA2016/010 so that it matches the rate payable by the developer of Macksville Heights Estate.
However, given that Mr McEvoy has stated that he is ready to commence the development of the land, that there are approximately 90 lots left in the Macksville Heights Estate which are eligible for the ‘grandfathered’ contribution rate, and that Council would be forgoing $265,718.50 in contribution revenue; it is recommended that Council limit the duration of the reduced contribution rate to 4 years as an incentive for the development to be undertaken.
CONSULTATION:
General Manager
SUSTAINABILITY ASSESSMENT:
Environment
N/A
Social
N/A
Economic
Addressed above.
Risk
Addressed above.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
Addressed above.
Source of fund and any variance to working funds
Nil.
Service level changes and resourcing/staff implications
Nil.
Ordinary Council Meeting 14 September 2017
ITEM 9.7 SF2293 140917 Development Applications greater than 12 months or where submissions received - to 6 September 2017
AUTHOR/ENQUIRIES: Lisa Hall, Technical Officer - Development and Environment
Summary: In accordance with Council's resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1). Table 2 shows development applications which have been received but not yet determined due to submissions received.
In accordance with Minute 848/08 from Council’s meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.
If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination. |
That the information be noted by Council. |
TABLE 1: UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD
There are no Development Applications in excess of 12 months old.
TABLE 2: DEVELOPMENT APPLICATIONS NOT YET DETERMINED WHERE SUBMISSIONS HAVE BEEN RECEIVED
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. |
Ordinary Council Meeting 14 September 2017
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.
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.
|
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
32976/2017 - Attachment 1 - DA 2017/178 Plans to be approved |
|
|
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 |
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.
ITEM 9.9 SF2293 140917 2017 August - Development and Complying Development Applications Received
AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant
Summary:
Council at its meeting 16 January 2014 resolved:
“That Council endorse the method of reporting Construction and Complying Development Certificates as presented to the 16 January 2014 meeting and further that the General Manager investigate the possibility of reporting Development Applications lodged in previous month.”
Attached is a list of Development Applications and Complying Development Applications received in August 2017 as at 4 September 2017. |
That the Development Applications and Complying Development Applications received in August 2017 be received for information. |
34137/2017 - Development Application and Complying Development Applications - Received August 2017 |
|
Ordinary Council Meeting - 14 September 2017 2017 August - Development and Complying Development Applications Received |
ITEM 9.10 SF2293 140917 2017 August - Approved Construction and Complying Development Certificates
AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant
Summary:
The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of August 2017 as at 4 September 2017.
|
That the Construction and Complying Development Certificates approved for August 2017 be noted and received for information by Council.
|
34135/2017 - Construction Certificates and Complying Development Certificates Approved - August 2017 |
|
Ordinary Council Meeting - 14 September 2017 2017 August - Approved Construction and Complying Development Certificates |
Ordinary Council Meeting 14 September 2017
Assistant General Manager Corporate Services Report
ITEM 10.1 SF544 140917 Draft Section 94A Developer Contributions Plan for Approval
AUTHOR/ENQUIRIES: Scott Norman, Assistant General Manager Corporate Services
Summary:
The attached Draft Section 94A (s.94A) Development Contributions Plan was approved for public exhibition at Council’s meeting on 26 May 2016. No submissions were received during the exhibition period however the Draft Plan has not yet been recommended to Council for adoption. This has been an oversight.
The Draft Plan updates the existing plan to include the Valla Urban Growth Area as a development area in Nambucca Shire which will be subject to S.94A developer contributions. The levy is on non-residential development within prescribed areas of the Shire and funds a schedule of works which includes streetscaping, traffic infrastructure and roadwork within CBDs and industrial areas. The addition of the new area will ensure that future commercial developments pay the required levy, which will, in turn support the improvement of the area for the community.
|
That Council adopt the Draft s.94A Development Contributions Plan (Our Ref: TRIM 17267/2016).
|
OPTIONS:
Council can decide not to adopt the draft Section 94A development contributions plan changes.
BACKGROUND
Council approved the first Section 94A Plan for adoption at its meeting of 24 April 2013. Although normally plans are not reviewed before five years, the situation in Nambucca Shire whereby a new development area is being created in the Shire, being the Valla Urban Growth Area, it was reasonable to reassess the areas which are included in the plan.
The rationale for collecting developer contributions is to defray the costs of the required infrastructure by the people who create the need for the additional infrastructure. The attached Draft Section 94A (s.94A) Development Contributions Plan was approved for public exhibition at Council’s meeting on 26 May 2016.
No submissions were received during the exhibition period however the Draft Plan has not yet recommended to Council for adoption. This has been an oversight.
Since its adoption in 2013, the s.94A contributions have been used for various CBD street improvements in both Macksville and Nambucca Heads, including the purchase of street trees for Bowra Street in Nambucca Heads and traffic infrastructure.
The s.94A plan enables collection of contributions for all commercial and industrial developments throughout the Shire which cost more than $100,000. The Section 94A contributions levied under this plan are set out in the following table.
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 |
DISCUSSION
The works schedule accompanying the s.94A plan provides for streetscaping, traffic infrastructure and road works in the Macksville, Nambucca Heads, Bowraville CBDs and industrial areas, with the addition of the Valla Urban Growth Area. The addition of the new area will ensure that future commercial developments pay the required levy, which will, in turn support the improvement of the area for the community.
CONSULTATION:
General Manager
Strategic Planner
SUSTAINABILITY ASSESSMENT:
Environment
There are no environmental issues as a result of this report.
Social
The s.94A Development Contributions Plan will enable the provision of facilities required through increased population, which might not be able to be provided otherwise due to limited resources.
Economic
The s.94A levy will be an additional cost to commercial and industrial developments, however this cost can be met through non-monetary contributions such as material public benefits or works in kind. All development applicants will be told what the funding will be put toward and should see the benefit of the levy providing necessary transport infrastructure and streetscape amenity for their customers.
Risk
There is no risk associated with this change to the s.94 contributions system.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
The adoption of the s.94A plan will provide financial resources to Council which are currently not available; as commercial and industrial developments take place, the levy paid will be pooled to be put towards roadworks, streetscapes and traffic infrastructure in the commercial and industrial areas of Macksville, Nambucca Heads, Bowraville and Valla increasing the money available to Council to carry out works.
Source of fund and any variance to working funds
Not required.
Service level changes and resourcing/staff implications
There are no service level changes or resourcing/staff implications.
17267/2016 - Draft S94 Developers Contribution Plan |
|
Ordinary Council Meeting - 14 September 2017 Draft Section 94A Developer Contributions Plan for Approval |
Enquiries about the Draft Section 94A Development Contributions Plan is this folder should be directed to:
Scott Norman
Assistant General Manager
Corporate Services
6568 0227
HOW TO MAKE A SUBMISSION
Council will consider all submissions received before approving the Plan either in its exhibited form with alterations having regard for submissions received or deciding not to proceed with a contribution plan.
Please note that only written submission will be considered and these should be addressed to:
General Manager
Nambucca Shire Council
PO Box 177
MACKSVILLE 2447
Submissions are to be received by Council no later than close of business 30 June 2016.
If you make a written submission you will be advised of Council’s final decision in writing.
Nambucca Shire Council
May 2016
Notes and Corrections to this Issue
Please note the following and corrections:
There are no corrections
Amendments and Revisions
Issue No
|
Date |
Issue Title |
Amendment |
1 2 3 4 |
24 April 2013 6 May 2013 26 May 2016 xxxxx |
Adopted by Council Effective Date Review – Public Consultation Adopted by Council |
Addition of Valla Urban Growth Area |
Ordinary Council Meeting - 14 September 2017 Draft Section 94A Developer Contributions Plan for Approval |
1 Name of this Contributions Plan 4.
2 Area and development to which the Plan applies 4.
3 Date of commencement of the Plan 4.
4 Relationship to other Plans 4.
5 Summary schedules 4.
6 Purposes of the Plan 5.
7 Demand for public amenities and public services 5.
8 Calculation of the levy 6.
9 Determining the cost of development 6.
10 Timing of payment and adjustment of contributions 6
11 Complying development certificates 7.
12 Alternative to paying a levy 7.
13 Deferred or periodic payments 7.
14 Exemptions to the levy 8.
15 Administration of Section 94A funds 8.
16 Dictionary 9.
1 Works Schedule and Maps 10.
A Cost Summary Report and Detailed Cost Report Forms 15.
B Ministerial Direction under section 94E 18.
Ordinary Council Meeting - 14 September 2017 Draft Section 94A Developer Contributions Plan for Approval |
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
CPI 1
Where:
C1 = Monetary contribution imposed on the development consent
C2 = Monetary contribution at the time the contribution is paid
CPI 1 = 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 |
Ordinary Council Meeting - 14 September 2017 Draft Section 94A Developer Contributions Plan for Approval |
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,
(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.
(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;
(c) the costs associated with marketing or financing the development (including interest on any loans);
(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.
Ordinary Council Meeting 14 September 2017
Assistant General Manager Corporate Services Report
ITEM 10.2 SF2391 140917 Adin Street Reserve Committee of Management - Inaugural Annual General Meeting - 23 August 2017
AUTHOR/ENQUIRIES: Scott Norman, Assistant General Manager Corporate Services
Summary:
The report acknowledges the minutes of the Inaugural Annual General Meeting (AGM) of the Adin Street Reserve Committee of Management. A copy of the office bearers and minutes are attached.
|
That Council endorse the minutes of the Adin Street Reserve Committee of Management Inaugural Annual General Meeting held on 23 August 2017 and thank the Committee for volunteering to serve.
|
OPTIONS:
There are no real options. Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.
DISCUSSION:
The AGM of the Adin Street Reserve Committee of Management was held on 23 August 2017. Cr Anne Smyth chaired the meeting.
The Committee of Management for 2017/2018 comprises:
Chairperson Chris Mattick
Deputy Chair Janet Court
Secretary Kelly Pacey
Assistant Secretary Lorien Brien
Treasurer Moira Ryan
CONSULTATION:
There has been no consultation in preparing this report.
SUSTAINABILITY ASSESSMENT:
Environment
There are no foreseeable environmental, social or economic implications arising from this report.
Risk
No change in Council’s risk profile has been identified as part of this report.
FINANCIAL IMPLICATIONS:
There are impacts on current and future budgets. There is no variance to working funds. There are no changes or implications in levels of service stemming from this report.
32594/2017 - Adin Street Reserve Committee of Management - Office bearers |
|
|
32595/2017 - Minutes of meeting held 23 August 2017 - Adin Street Reserve Committee of Management |
|
Ordinary Council Meeting - 14 September 2017 Adin Street Reserve Committee of Management - Inaugural Annual General Meeting - 23 August 2017 |
Adin Street Reserve Committee of Management
Inaugural Meeting Minutes – Election of office bearers
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. |
Nominations
Position Name Nominated by Seconded
Chairperson Chris Mattick M.Ryan J.Court
Deputy Chair Janet Court J.Court C.Mattick
Secretary Kelly Pacey R.Simmons J.Court
Assistant Secretary Lorien Brien L.Brien C.Mattick
Treasurer Moira Ryan M.Ryan J.Court
Cheque Signatories
Chris Mattick, Janet Court, Moira Ryan, Kelly Pacey, Lorien Brien.
Independent Auditor
To be decided if required at Annual General Meeting in 2018.
Ordinary Council Meeting - 14 September 2017 Adin Street Reserve Committee of Management - Inaugural Annual General Meeting - 23 August 2017 |
Adin Street Reserve Committee of Management
Meeting Minutes – General Meeting
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. |
Correspondence
In – email received from Judy Browne withdrawing from the committee, see attached.
General discussion
Chris opened meeting by thanking Anne for attending our inaugural meeting.
As this is the committee’s first general meeting, it has been decided that we will have a general discussion about the Adin Street Reserve. Chris invited everyone to state what they would like to see happen at our future meetings. Everyone to think about suggestions for next meeting.
Tom – wants to see seating at the village green.
Lorien – wants to see money going back into the land.
Bernie – is from Wildlife Rescue, who hold markets once a month on the Village Green. 10% of gross earnings are given back to the community – Scotts Head PS P&C and the Surf Club. The remaining money goes to Wildlife Rescue charity – phone bills and insurance. It was suggested by Chris for Bernie to bring information regarding Wildlife Rescue to the next meeting.
Paul – for the remaining land to be screened as on original plan. Parking an issue. Narrow path, would like to see it much wider.
Jasper – would like to see the Village Green site being able to take pressure off the day use area. To be used as a picnic area and to look more inviting. To incorporate events/markets.
Moira – to be more usable, the grass is near dead, needs watering. Father’s Day event, which is approved by council has an animal show. The Plan of Management states that no animal is to be on the land. We need to review the Plan.
Scotts Head Community Group have obtained a grant for $5,000.00 for a community garden. Moira put forward that part of the community land on the oval be used as a community garden.
Motion to move that we give permission for part of the land on the oval to be used as a community garden to enable the Community Group to accept the grant. Agreed by majority. Moved by Chris Mattick, seconded by Janet Court.
Kelly to put together a letter to the Community Group stating that we give permission.
Russell – there is a long history with council regarding this land. Russell feels that there is paperwork missing, to chase up.
Janet – to be an attractive area with seating, more trees.
Tom – power and water facilities.
Kelly – to make the area more attractive and look less like a detention pond. Money raised to go back into the land.
Chris – caravan lease to Council - $25K. Money needs to come back to Scotts Head. There are resolutions in place, Chris to research.
Further things to think about for next meeting:
· Naming the area – does the land need a name?
· How regular will our committee meet?
Next Meeting
Wednesday 20 September 2017 at 5.30pm.
Meeting Closed
6.30pm
ITEM 10.3 SF251 140917 Schedule of Council Public Meetings 2017
AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant
SUMMARY:
The following is a schedule of dates for public Council meetings to be held in 2017. The meeting dates may change from to time and this will be recorded in the next available report to Council.
Comment from General Manager
It is recommended that Council undertake some “away” meetings in spring when the weather and insects are kinder to meetings in public halls. By way of suggestion it is proposed that there be meetings in Scotts Head, Valla Beach or Valla Rural and Burrapine. These have been tentatively scheduled for September, October and November 2017.
|
That the schedule of dates for Council meetings in 2017 be noted and received for information by Council. |
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 |
Ordinary Council Meeting 14 September 2017
Assistant General Manager Corporate Services Report
ITEM 10.4 SF321 140917 Missabotti Hall Committee of Management - Annual General Meeting - 29 July 2017
AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant
Summary:
The report acknowledges the minutes of the Annual General Meeting (AGM) of the Valla Public Hall Committee of Management. A copy of the minutes and financial report are attached.
|
That Council endorse the minutes of the Missabotti Hall Committee of Management Annual General Meeting held on 29 July 2017 and thank the outgoing Committee for their work in the past twelve months.
|
OPTIONS:
There are no real options. Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.
DISCUSSION:
The AGM of the Missabotti Hall Committee of Management was held on 29 July 2017.
The Committee of Management for 2017/2018 comprises:
President Dawn Kennedy
Vice President Tina Holmes
Secretary Diana Trilsbach
Treasurer Dawn Kennedy
Hall & Garden Manager Adrian Weir
CONSULTATION:
There has been no consultation in preparing this report.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications on the environment.
Social
There are no social implications.
Economic
There are no economic implications.
Risk
There are no risk implications.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There are impacts on current and future budgets.
Source of fund and any variance to working funds
There is no variance to working funds.
Service level changes and resourcing/staff implications
There are no changes or implications stemming from this report.
33514/2017 - Missabotti Hall Committee of Management - AGM Minutes - 29 July 2017 |
|
Ordinary Council Meeting - 14 September 2017 Missabotti Hall Committee of Management - Annual General Meeting - 29 July 2017 |
ANNUAL GENERAL MEETING
29 JULY 2017
MEETING COMMENCES: 1015
PRESENT:
Dawn Kennedy Diana Trilsbach Lee Unwin Jeff Unwin Hugh Frazer Kerrie Smith June Owen Kevin Owen John Owen Tina Holmes Adrian Weir
WELCOME:
by Chairperson Dawn Kennedy and Hugh Frazer appointed Returning Officer.
READING OF MINUTES:
Previous Annual General Meeting 28 August 2016 at the Missabotti Hall 1000 a.m. read by Dawn Kennedy. Moved: D Trilsbach Seconded:T Holmes
Carried.
TREASURER'S REPORT:
Missabotti Hall funds balance: $3,071.43.
RETURNING OFFICER: Hugh Frazer takes the Chair and declares all positions vacant and proceeds with the :
ELECTION OF OFFICE BEARERS - as follows:
· Chairperson : Dawn Kennedy Nom: Diana Trilsbach Seconded: Tina Holmes
· Vice-Chair: Tina Holmes " : Diana Trilsbach " : Kerrie Smith
· Secretary: Diana Trilsbach " : Dawn Kennedy " : Lee Unwin
· Treasurer: Dawn Kennedy " Tina Holmes " Diana Trilsbach
· 2nd signatory: Diana Trilsbach " Tina Holmes " Lee Unwin
· Hall & Garden
· Manager: Adrian Weir " Tina Holmes " : June Owen
· Committee Members
Lee Unwin Jeff Unwin Kerrie Smith June Owen Kevin Owen John Owen
No Annual Fees Required.
Hugh Frazer thanked the Committee. Dawn Kennedy , Chairperson thanked Hugh Frazer for presiding as Returning Officer and thanked and welcomed the new Committee.
ANNUAL GENERAL MEETING CLOSED: 1020 AT THE MISSABOTTI HALL. 29 July, 2017