NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

12 October 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 - 12 October 2017

 

 

3.30pm     INSPECTION – onsite at Browns Bridge Saddlers Lane, Taylors Arm

                   3.00pm departure from Council’s Administration Centre

 

4.30pm     WORKSHOP – Asset Management Plans

 

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 28 September 2017............................................................................. 7

5        NOTICES OF MOTION  

6        CITIZENSHIP CEREMONY – Ms Yu-Wei Pan

          PUBLIC FORUM

                         i        Peter Gill and Graham Jones - Council management of Jones Park Valla Beach

DELEGATION:

                         i        Stephen McEvoy on behalf of Arakoon Homes (Builders) Pty Ltd – Review of Section 64 and 94 Development Contributions  - ITEM 9.10

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.................................................................................... 16

9.2     Election of Deputy Mayor 2017-2018............................................................................... 22

9.3     Quorum for Planning Proposal to Regulate Horticulture.................................................... 27

9.4     Council Advisory Committees......................................................................................... 42

9.5     Committees of Management - Facilities and Events.......................................................... 46

9.6     Resignations - Purchase of Gifts Policy........................................................................... 48

9.7     Main Streets Revitalisation Post Bypass.......................................................................... 53

9.8     Engagement of Public Works Advisory to Undertake Concept Designs for Bulk Water Supply (Trunk Mains and Reservoirs) and Sewerage for the Valla Growth Area plus Water to Scotts Head and Sewer Modelling for Macksville................................................................................................. 57

9.9     Short Term Holiday Letting in NSW Options Paper........................................................... 92

9.10   Review of Section 64 and 94 Development Contributions - DELEGATION......................... 97

9.11   Results of Re-exhibition of proposed Tree Species for the Macksville Town Centre Revitalisation.................................................................................................................................... 105

9.12   Minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee - 21 September 2017........................................................................................................... 111

9.13   Development Application DA2017/196 - Additions to dwelling (covered deck), additions to secondary dwelling (covered deck), use of carport and bedroom.................................................... 117

9.14   Development Applications greater than 12 months or where submissions received -  to 3 October 2017.................................................................................................................................... 130

10      Assistant General Manager Corporate Services Report

10.1   Amended Debt Recovery Policy.................................................................................... 132

10.2   Documents for Public Comment.................................................................................... 138

10.3   Schedule of Council Public Meetings 2017..................................................................... 140

11      Assistant General Manager Engineering Services Report

11.1   Asset Managment Plans for Bridges, Water Supply and Sewerage Services.................... 141

11.2   Tender T009/2017 Mowing and Slashing Rural Roadsides 2017 - 2020............................. 144    

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

12.1   Tender T009/2017 Mowing and Slashing Rural Roadsides 2017 - 2020

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 28 September 2017

The following document is the minutes of the Ordinary Council meeting held 28 September 2017.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 12 October 2017 and therefore subject to change.  Please refer to the minutes of 12 October 2017 for confirmation.

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

 

 

 

APOLOGIES

 

Cr Anne Smyth

Cr John Wilson

 

 

PRAYER

 

Captain Steve Dorman, Salvation Army, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor Ballangarry declared a pecuniary interest in Item 9.3 Muurrbay Aboriginal Language and Cultural Centre - Request for Assistance in a Temporary Relocation under the Local Government Act as Cr Ballangarry is a Board Member of the Muurrbay Aboriginal Language and Cultural Centre. Cr Ballangarry left the meeting for this item.

 

Councillor Hoban declared a pecuniary interest in Item 11.7 Investigation relating to purchasing of electric motor vehicles under the Local Government Act as Cr Hoban has a car provided by Council for business purposes which could be impacted by the decision. Cr Hoban left the meeting for this item.

 

Mr Michael Coulter, General Manager declared a pecuniary interest in Item 11.7 Investigation relating to purchasing of electric motor vehicles under the Local Government Act as Mr Coulter has a car provided as part of his remuneration package which could be impacted by the decision. Mr Coulter left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 14 September 2017

475/17 RESOLVED:        (Jenvey/Reed)

 

That the minutes of the Ordinary Council Meeting of 14 September 2017  be confirmed.

 

 

 

  

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

 

General Manager Report

ITEM 9.1      SF959                280917      Outstanding Actions and Reports

476/17 RESOLVED:        (Finlayson/Ballangarry)

 

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

 

 

 

 

 

ITEM 9.2      SF355                280917      Tabling of Returns Disclosing Interests of Councillors and Designated Persons - September 2017

477/17 RESOLVED:        (Reed/Finlayson)

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2017, be tabled.

 

 

 

 

 

ITEM 9.3      SF652                280917      Muurrbay Aboriginal Language and Cultural Centre - Request for Assistance in a Temporary Relocation

478/17 RESOLVED:        (Reed/Ainsworth)

 

1        Council offer to provide support in principle to the temporary accommodation of the Muurrbay Aboriginal Language and Cultural Centre in the Council Administration building or other Council premises whilst their existing premises are renovated.

 

2        That the Muurrbay Aboriginal Language and Cultural Centre be asked if they are willing to offer to provide free cultural awareness training to Councillors and staff.

 

 

 

 

 

 

ITEM 9.4      SF770                280917      Inquiry into Preference Counting in Local Government Elections in NSW

479/17 RESOLVED:        (Ainsworth/Jones)

 

That Council make a submission to the Inquiry into Preference Counting in Local Government Elections in NSW that; in support of full democratic right of voters; the Act be changed in favour a full count until all preferential votes have been exhausted.

 

 

 

 

 

ITEM 9.5      SF621                280917      Aboriginal Land Claims 18485, 18486, 18487, and 19194 at Nambucca Heads

480/17 RESOLVED:        (Ainsworth/Reed)

 

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

 

1        That subject to the creation of easements over existing sewer lines in relation to the land contained in claims 18485, 18486 and 18487, 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.

 

 

 

 

 

ITEM 9.6      SF2290              280917      Results of Exhibition of Gordon Park Flying-fox Camp Plan of Management

481/17 RESOLVED:        (Jenvey/Ballangarry)

 

1        Council note the submissions made to the Draft Gordon Park Flying-fox Camp Plan of Management;

 

2        That Council endorse in principle the Gordon Park Camp Flying-fox Plan of Management with amendments recommended in the body of this report;

 

3        That Council endorse a permit application to the Office of Environment and Heritage under the scope of the plan to obtain approval to undertake actions such a pathway maintenance, vegetation management and other similar activities;

 

4        That Council allocate funds from the Environmental Levy to undertake actions in the endorsed plan on an annual basis while the camp is present at Gordon Park. Appropriate grant funding is also to be considered as it becomes available.

 

 

 

 

 


 

 

ITEM 9.7      DA2017/138        280917      DA2017/138 Continued Use of Dwelling House at Lot 1342 DP631671 No.99 Deep Creek Road, Valla

482/17 RESOLVED:        (Hoban/Ainsworth)

 

That Council determines Development Application DA2017/138 by granting development consent subject to the recommended conditions within in Attachment 1 noting the amendment to Condition 6 - Decommission Other Accommodation Buildings as follows:

 

6   Evidence must be provided that other existing structures are not capable of being used as a separate domicile or short term accommodation.

 

As a minimum the evidence must demonstrate that all kitchen, bathroom and bedroom facilities are removed, all plumbing is at a minimum capped off behind the internal wall lining, and all onsite systems of sewerage management not associated with the dwelling house the subject of this consent are removed.

All plumbing works must be in compliance with the Plumbing and Drainage Act 2011, AS3500 Parts 1-4, and associated Council policy.

 

 

 

 

 

ITEM 9.8      SF2293              280917      Development Applications greater than 12 months or where submissions received -  to 20 September 2017

483/17 RESOLVED:        (Ainsworth/Ballangarry)

1        That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 20 September 2017 be noted by Council.

 

2        Council approach the Hon Melinda Pavey, Minister for Roads, Maritime and Freight and request that the control of Casey Drive be handed to Council and ask that consideration be given to the impact of upcoming highway bypass and that Casey Drive is an essential emergency flood exit for some North Macksville residents.

 

3        And further that the Minister be asked to reconsider handing control of the Soccer field adjacent to Casey Drive to Council at no cost and ask the Minister to consider that it is Council’s opinion that the value placed on the land by the Valuer General is unrealistically high based on the land being prone to flooding and has no building entitlement.  It is hoped the Minister will also consider the substantial investment Council has made in the facility over an extended period of time.

 

 

 

 

 

ITEM 9.9      SF25                  280917      Request for Donation - North Coast Academy of Sport

484/17 RESOLVED:        (Reed/Ballangarry)

 

That Council approve a donation of $500.00 from the Donations Budget 2017/2018 to assist the Academy in the delivery of their programs.

 

 

 

 

 

ITEM 9.10    SF2397              280917      Regional Sports Infrastructure Fund - Discussions with Funding Body - Office of Sport & Rec

485/17 RESOLVED:        (Reed/Ainsworth)

 

1       That Council note the feedback received, and information regarding the discussion.

 

2       That Council staff proceed with submission of an EOI for the Hennessey Tape Sporting Precinct in Bowraville, with input from the newly formed “Working Party” of stakeholders in conjunction with Council and update the Bowraville Connections Concept Plan.

 

3       That Council engage consultants King & Campbell to conduct an inception workshop for the community and stakeholders of the Macksville Memorial Aquatic Centre prior to considering a fee proposal for the preparation of concept plans for a EOI under the Regional Sports Infrastructure Fund.

 

4       That Council proceed with an EOI for the Macksville Aquatic Centre, to ensure the project meets the criteria and budget requirements for this funding program; and

 

5       That Council remove the major drainage works and installation of lighting at E J Biffin Fields, Nambucca Heads from the prioritised list for EOI’s for this funding program.

 

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1415              280917      Minutes of the Audit Risk and Improvement Committee Meeting - 13 September 2017

486/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council note the Unconfirmed Minutes of the Audit Risk and Improvement Committee 13  September 2017.

 

 

 

 

 

ITEM 10.2    SF2246              280917      Replacement Phone System

487/17 RESOLVED:        (Jenvey/Ballangarry)

 

The Council allocate $45,000 from working funds to replace the Council Chambers PABX system.

 

 

 

 

 


 

 

ITEM 10.3    SF1120              280917      Grant Application Status Report

488/17 RESOLVED:        (Jones/Ainsworth)

 

That Council receive the list of grant applications to 20 September 2017.

 

 

 

 

 

ITEM 10.4    SF2368              280917      Investment Report to 31 August 2017

489/17 RESOLVED:        (Finlayson/Reed)

 

That the Accountants’ Report on Investments placed to 31 August 2017 be noted.

 

 

 

 

 

ITEM 10.5    SF251                280917      Schedule of Council Public Meetings 2017

490/17 RESOLVED:        (Finlayson/Reed)

 

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

 

 

 

 

 

ITEM 10.6    SF344                280917      Warrell Creek Hall Committee of Management - Annual General Meeting - 6 September 2017

491/17 RESOLVED:        (Reed/Ainsworth)

 

That Council endorse the minutes of the Warrell Creek Hall Committee of Management Annual General Meeting held on 6 September 2017 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

 

ITEM 10.7    SF2245              280917      Year End Financial Working Capital Result - 30 June 2017 Budget Review

492/17 RESOLVED:        (Ainsworth/Finlayson)

 

That the list of revotes be approved and included as subvotes for 2017/18.

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF86                  280917      Appointment of NSW State Emergency Services Local Controller to the Nambucca Local Government Area

493/17 RESOLVED:        (Ainsworth/Reed)

 

1        That the information be received and noted.

 

2        That Council supports the appointment of Maurice (Bill) Roffey as NSWSES Local Controller for the Nambucca, Coffs Harbour and Bellingen Local Government areas and the Nambucca Local Emergency Management Committee.

 

3        That Council formally thank Mr Peter Shales as the Volunteer Local Controller for the Nambucca SES Unit for the period 29 September 2015 to 29 September 2017.

 

 

 

 

 

ITEM 11.2    SF1676              280917      2017-18 Capital Works Program Monthly Report

494/17 RESOLVED:        (Finlayson/Reed)

 

That Council

 

a)   Receive and note the information pertaining to the progress of the 2017-2018 Capital Works Programme.

 

b)   Allocate an amount of $50,000.00 from Working Funds to WO 2392 Thompson Street car park to complete the embankment revetment due to the Fisheries Permit conditions of not being able to reuse previously placed rock material being classified as habitat.

 

c)   Reallocate the amount of $150,000.00 for WO 3053 Ridge Street Amenities for the construction of a new toilet block adjacent to the Nambucca Heads Library to the replacement of the Lions Park Reserve amenities at Valla Beach as the proposed extension design of the Nambucca Heads library incorporates new public toilet amenities as part of the overall project.

 

d)   Allocate an additional $12,000.00 from the Rural Fire Service (RFS) reserve to WO 1716 RFS station toilet upgrade at North Arm.

 

 

 

 

 

ITEM 11.3    SF1575              280917      Development of 2018-2028 Strategic Asset Management Plan (SAMP)

495/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council receive and note the timetable for the delivery of Asset Management Plans (AMP), Dashboard summaries of functional areas and the Strategic Asset Management Plan (SAMP).

 

 

 

 

 

ITEM 11.4    SF2319              280917      Funding for declared natural disaster event March 2017

496/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council formally advise the Roads and Maritime Services that it accepts the Natural Disaster funding (RMS Ref P0032216 and 0032253) for the amount of $263,381.00 for restoration to local roads following the March 2017 flood event.

 

2        That Council allocate an amount of $29,000.00 from Working Funds for the Council contribution in accordance with the conditions of funding for Natural Disaster Arrangements and this be reported through the September financial QBR.

 

3        That Council note that further funding will be provided by the Roads and Maritime Services for Natural Disaster funding once the design has been completed for the repair of pavement on Gumma Road.

 

4        That Council allocate an amount of $211,000.00 presently sitting within Working Funds from the finalisation of Riverside Drive grant funds to complete the repair of the unfunded topside slip and add an additional $39,000.00 from working funds to complete the works required .

 

 

 

 

 

ITEM 11.5    SF84                  280917      2017-18 Allocation for NSW Rural Fire Fighting Fund

497/17 RESOLVED:        (Reed/Ainsworth)

 

1        That Council receive the information contained in the NSW Rural Fire Service 2017/2018 budget.

 

2        That Council seek further clarification from the Chief Financial Officer of the NSW Rural Fire Service on the definition of what constitutes “fee for service” (contracts) an amount of $34,956.00 within the RFS budget.

 

 

 

 

 

ITEM 11.6    SF755                280917      Triennial Mowing Quotations 1 October 2017 - 30 September 2020 - Under Delegated Authority

498/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council note the services and contractors accepted for the triennial mowing contracts commencing 1 October 2017 and terminating 30 September 2020 as follows:

 

a    Q004/2017 Scotts Head - Brett Moe Lawns

b    Q005/2017 Taylors Arm - Bourne’s Lawn Mechanics

c    Q006/2017 Fire Trails and Vacant Lots in Various Towns and Rural Areas - Country Road Mowing

d    Q007/2017 Eungai Creek, Eungai Rail and Unkya Reserve - Bourne’s Lawn Mechanics

e    Q008/2017 Maintenance of Cemeteries – Valley Lawn Mowing & Garden Services

 

 

 

 

 

ITEM 11.7    SF143                280917      Investigation relating to purchasing of electric motor vehicles

Moved:      (Ainsworth/Finlayson)

 

1        It is recommended that Council continue with its current fleet arrangements, due to cost, unlikely return on investment, and lack of infrastructure.

 

2        Council staff continue to monitor the electric vehicle market for opportunities, as technology becomes cheaper and infrastructure for electric vehicles becomes available.

 

Amendment:       (Jenvey/Jones)

 

1       That Staff report back to Council as to when the vehicles of the Planning and Engineering staff are due for replacement

2       That Council update it’s fleet replacement program to include for consideration  the purchase of at least Electric Vehicle in the 18/19 Budget.

3       That this be considered an investment through direct participation, in order for our Planning Staff to have a better understanding of what are the best solutions for the future needs of consumers in the Shire when purchasing, driving, and charging electric vehicles.

4       That as part of this process staff investigate the installation of electric charging facilities within Council’s car park.

 

499/17 PROCEDURAL MOTION:         (Finlayson/Reed)

 

That Item 11.7 Investigation relating to purchasing of electric motor vehicles be deferred until a review of the Policy on Vehicle Procurement is provided.

 

 

 

   

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.20pm. 

 

Confirmed and signed by the Mayor on 12 October 2017

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)

 

             


Ordinary Council Meeting                                                                                               12 October 2017

General Manager

ITEM 9.1      SF959              121017         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions. Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting. Please note that the status comments have been made one week before the Council meeting.

 

Recommendation:

 

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

 

 

 

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

 

JULY 2011

1

SF1031

21/7/11

That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy

 

GM

31/05/17 Now that the Floodplain Management Study and Plan are completed this policy can be referred to the next Estuary Committee meeting for consideration.

 

DECEMBER 2013

 

AUGUST 2015

 

2

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

 

3

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

 

4

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

 

5

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.

 

 

6

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

 

 

APRIL 2017

 

7

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.

 

22/8/17 – Mayor has sent a follow-up email.

29/9/17 -Mayor has sent another follow-up email

 

MAY 2017

 

8

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

 

9

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 undertake a 7 part test to change the dam licence to capture flood flows.

 

 

 

JUNE 2017

 

10

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.

 

20/09/17 Report in October 2017.

 

 

11

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

 

12

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

 

20/09/17 Valla residents have met with Melinda Pavey who has provided them with an undertaking to investigate their concerns.

 

AUGUST 2017

 

13

SF88

17/8/17

Council advertise the draft Resignations – Purchase of Gifts Policy (and report back).

 

GM

Report in September 2017

17/09/17 Deferred due work load. 

Report 12 October.2017

 

14

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

17/09/17 Deferred due work load.  Will be reported in October

 

15

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

 

20/09/17 Letters have been written to political parties, local sawmills and Forestry Corporation.

 

16

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.

 

 

 

17

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

 

18

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.

 

18

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.

 

19

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.

 

 

20

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.

 

21

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.

 

22

SF2226

31/8/17

That the draft Debt Recovery Policy be displayed for public comment.

 

AGMCS

Report in 12 October 2017.

 

SEPTEMBER 2017

 

23

SF2381

14/09/17

Conflict arising from horticulture – be deferred and referred to the OLG seeking clarification as to the difficulty of achieving a quorum.

 

GM

OLG telephoned on 15/09/17 and letter sent seeking advice on 16/09/17.

Report 12 October 2017

 

24

DA2016/010

14/09/17

Council obtain legal advice as to whether or not the development consents issued in 2005 & 2006 have substantial commencement.  Following receipt of advice the matter be reported back to Council.

 

GM

Anticipate a report in October 2017.

 

25

SF988

14/09/17

GM be provided with delegated authority to engage a suitable consultant to prepare a concept design and cost estimate for the provision of water & sewerage to the new Macksville hospital site.

 

GM

Anticipate a report in November 2017

 

26

DA2017/179

14/09/17

Council determine this DA (Optus mobile base station) & that a site inspection take place.

 

GM

  Report to meeting in October.

 

27

SF770

28/09/17

Council make a submission to the Inquiry into Preference Counting in Local Government Elections in NSW that Act be changed in favour a full count until all preferential votes have been exhausted.

 

GM

04/10/17 Submission sent

 

28

SF2293

28/09/17

Council approach the current Hon Melinda Pavey and request that the control of Casey Drive be handed to Council residents and further that Minister be asked to reconsider handing control of the Soccer field adjacent Casey at no cost.

 

GM

04/10/17 - Pending

 

29

SF2397

28/09/17

proceed with submission of an EOI for the Hennessey Tape Sporting Precinct in Bowraville

 

 

GM

EOI Registered - concept plan needs to be finalised

 

 

 

30

SF2397

28/09/17

Engage consultants King & Campbell to conduct an inception workshop for stakeholders of the Macksville Memorial Aquatic Centre and proceed with an EOI for the Macksville Aquatic Centre.

 

Pending

 

31

SF2319

28/9/17

A reviewed policy on fleet replacement be provided to Council which considers electric cars.

AGMES

04/10/17 – Report will be presented to Council in January 2018

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                               12 October 2017

General Manager's Report

ITEM 9.2      SF830              121017         Election of Deputy Mayor 2017-2018

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

It is a requirement under the Local Government (Elections) Regulations 1998, Clause 124 that the annual election of a Deputy Mayor is to be in accordance with Schedule 3 of that Regulation.

 

 

Recommendation:

 

1              That the election of a Deputy Mayor proceed by ordinary (secret) ballot if a ballot is required.

 

2        That nominations be invited and received by the General Manager as returning Officer for the election of Deputy Mayor.

 

3              That the election of Deputy Mayor proceeds.

 

4        That following the election, the Mayor declares Cr……..elected as Deputy Mayor for the term of office expiring in September 2017. 

 

5        That the Division of Local Government be advised of the outcome of the election and Council’s website be updated.

 

 

OPTIONS:

 

There are options as to the method of election being open voting (show of hands); ordinary (secret) ballot or a preferential (secret) ballot.

 

 

DISCUSSION:

 

Schedule 3 provides that the General Manager is the Returning Officer, that nominations may be without notice but nominations must be in writing by two or more Councillors (one of whom may be the nominee) and is not valid unless the nominee has indicated consent to the nomination in writing and the nomination is delivered or sent to the Returning Officer.

 

Whilst a nomination form is included in this report, I appreciate that Councillors may not be able to print same.  For this reason I will have printed copies of the form available before the Council meeting.  I have also put a printed copy of the form in Councillors’ trays.

 

If only one Councillor is nominated, that Councillor is elected.  Where more than one nomination is received the Council must resolve whether the election is to proceed by preferential ballot, ordinary ballot or open voting.  (Preferential ballot and ordinary ballot are in fact secret ballots while open voting is a show of hands).

 

Ordinary Ballot or Open Voting

 

The process for an ordinary ballot or open voting is as follows:

 

·           Where there are only two candidates, the candidate with the highest number of votes is elected, and if they are tied the one to be elected is the one chosen by lot.

 

·           Where there are three or more candidates, the one with the lowest number of votes is excluded.

 

·           If three or more candidates then remain, a further vote is taken and the one with the lowest number of votes from that further vote is excluded.

 

·           If after that three or more candidates still remain the procedure is to be repeated until only two candidates remain.

 

Where there are only two candidates (remaining) with equal votes the one elected is the one chosen by lot.  By contrast, where there are three or more candidates and some are tied for lowest, the one excluded is the one chosen by lot.

 

If the method of voting resolved by Council is by ordinary ballot or open voting the Part 2 of the Regulations apply (paragraph 20-2360 and onwards).

 

Preferential Ballot

 

The ballot papers are to contain the names of all the candidates.  The councillors are to mark their votes by placing the numbers “1”, “2”, and so on against the various names to indicate their order of preference for all the candidates.

 

If the candidate has an absolute majority of first preference votes, the candidate is elected.  If not the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot papers counted to him or her are transferred to the candidates with the second preferences on those ballot papers.  A candidate who then has an absolute majority of votes is elected, but if no candidate then has an absolute majority of votes, the process is repeated until one candidate has received an absolute majority of votes.

 

For tied candidates, if there are 2 candidates and the numbers of votes cast for each are equal, the candidate whose name is first chosen by lot is taken to be elected.  If there are 3 or more candidates remaining in the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes, then the candidates whose name is first chosen by lot is taken to have the lowest number of votes and is excluded.

 

Choosing by lot

 

The names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen.

 

 

CONSULTATION:

 

There has been no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

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 no financial implications for Council.

 

Source of fund and any variance to working funds

 

There are no financial implications for Council.

 

Service level changes and resourcing/staff implications

 

There are no service level or staffing implications.

 

 

Attachments:

1

37951/2017 - Election of Deputy Mayor - Nomination Form and Ballot Paper 2017

 

  


Ordinary Council Meeting - 12 October 2017

Election of Deputy Mayor 2017-2018

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

 

 

NOMINATION

 

ELECTION OF DEPUTY MAYOR

 

12 OCTOBER 2017

 

 

 

 

PRINT IN CAPITALS

NAME OF COUNCILLOR

NOMINATED FOR ELECTION:

 

 

SIGNATURE OF COUNCILLOR

CONSENTING TO NOMINATION:

 

 

SIGNATURE OF COUNCILLOR

ENDORSING THE NOMINATION:

 

 

 

 

MICHAEL COULTER

GENERAL MANAGER

AND

RETURNING OFFICER


 

 

 

 

For the Election of Deputy Mayor Nambucca Shire Council on 12 October 2017

 

 

 

 

................

 

.................

 

.................

 

………….

 

 

 

 


Signature

Returning Officer

 

 

   

 

 

 


Ordinary Council Meeting                                                                                               12 October 2017

General Manager's Report

ITEM 9.3      SF2381            121017         Quorum for Planning Proposal to Regulate Horticulture

 

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

 

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 matter was deferred from Council’s meeting on 14 September 2017 in relation to a possible lack of a quorum.  In relation to this the Office of Local Government (OLG) has identified two options for Council being:

 

1        To delegate its functions in relation to the matter to another person or body; or

 

2        For the affected councillors to make an application to the Minister for Local Government under Section 458 of the Act to allow them to be present at the meeting at which the matter is to be considered and to take part in the consideration and discussion of the matter and to vote.

 

At the very least the OLG will require completed disclosure of interest forms for at least 5 councillors which demonstrate a pecuniary interest for each of those councillors.  Section 442 defines a pecuniary interest as, “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”.

 

Councillors will need to carefully consider whether or not they have a pecuniary interest.

 

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

 

 

Recommendation:

 

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

 

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

 

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

 

Horticulture

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

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

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

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

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

(d) Tourist and Visitor Accommodation – 200m.

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

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

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

 

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

 

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

 

 

OPTIONS:

 

Process

 

In relation to a possible lack of a quorum, the Office of Local Government (OLG) has identified two options for Council being:

 

1    To delegate its functions in relation to the matter to another person or body, or

2    For the affected councillors to make an application to the Minister for Local Government under Section 458 of the Act to allow them to be present at the meeting at which the matter is to be considered and to take part in the consideration and discussion of the matter and to vote.

 

Section 458 of the Local Government Act 1993 provides as follows:

 

458  Powers of Minister in relation to meetings

 

The Minister may, conditionally or unconditionally, allow a councillor or a member of a council committee who has a pecuniary interest in a matter with which the council is concerned to be present at a meeting of the council or committee, to take part in the consideration or discussion of the matter and to vote on the matter if the Minister is of the opinion:

 

(a)  that the number of councillors prevented from voting would be so great a proportion of the whole as to impede the transaction of business, or

 

(b)  that it is in the interests of the electors for the area to do so.

 

Contact has been made with the Office of Local Government for details on how to make the application and the likely timeframes for consideration of the application.  At the time of writing this report the OLG officer was to respond to myself with advice as to the process which had been applied in similar circumstances.

 

In the absence of that further information, at the very least the OLG will require completed disclosure of interest forms for at least 5 councillors which demonstrate a pecuniary interest for each of those councillors.  Section 442 defines a pecuniary interest as, “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”.

 

It is likely that the OLG will review the submitted pecuniary interest declarations to satisfy themselves that a quorum does not exist and to advise the Minister in relation to the exercise of powers under Section 458.

 

In terms of the planning proposal and the definition of pecuniary interest there are two key considerations being the likelihood or expectation and secondly whether it would amount to an appreciable financial gain or loss.

 

In relation to these considerations it should be noted that there are thousands of hectares of land in the Shire with rural zonings which can be used for horticultural purposes.  Even excluding the R5 land there is still thousands of hectares.

 

Whilst the more suitable land for horticulture is likely to be that within the eastern half of the Shire, there are still hundreds of properties which are potentially available for horticultural pursuits.  The potential availability of land is relevant to the question as to whether or not the proposed zoning change would likely result in an appreciable difference in a property’s value.  The other consideration is that there are many factors impacting on the value of rural land, not the least of which are interest rates and the value attributed to such land for residential as opposed to rural pursuits.

 

The other consideration is that Councillors with rural properties may have to pay a development application fee if they seek to undertake horticulture (other than what they may already undertake).  In relation to a development application fee consideration needs to be given as to whether or not this will amount to an “appreciable” financial loss.

 

Based on the above, the report to Council’s meeting on 14 September has been relisted so that Councillors have an opportunity to further consider whether or not they have a pecuniary interest.  If not more than four (4) councillors have a pecuniary interest the OLG would expect the Council to deal with the matter.

 

The other option suggested by the OLG is for Council to delegate its functions in relation to the matter to another person or body.  An enquiry has been made with the Joint Regional Planning Panel (JRPP) secretariat as to whether or not the JRPP would deal with the matter if specifically delegated to do so by Council.  The advice provided by the JRPP secretariat is that this has occurred previously and the JRPP would consider dealing with the matter if provided with specific delegation from Council.  This would be on the basis that the Council is unable to deal with the matter due to a lack of a quorum.

 

Planning Decision

 

·       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:

 

The Council considered the following report at its meeting on 14 September 2017 and resolved that the item be deferred and referred to the Office of Local Government and/or the Minister seeking clarification as to whether the number of Councillors involved in horticulture means that Council is unable to determine the matter for want of a quorum and what action the Office of Local Government or the Minister recommends that Council takes.

 

Advice has now been received from the Office of Local Government (OLG) which is attached.

 

The advice from the OLG is discussed in the options section.

 

The remainder of this report is as per the report referred to Council’s meeting on 14 September 2017.

 

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

 

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

 

Information required to be lodged with a Development Application

 

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

 

·    Completed development application forms.

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

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

However, consideration needs to be given to the following:

 

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

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

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

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

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

 

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

 

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

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

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

 

Exemption Criteria

 

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

 

          Horticulture

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

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

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

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

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

(h)  Tourist and Visitor Accommodation – 200m.

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


 

 

 

RU1 (or equivalent)

RU2

R5

Kyogle

Permissible without consent

Permissible without consent

Prohibited

Clarence Valley

Permissible without consent

Permissible without consent

Permissible with consent

Coffs Harbour

Permissible without consent

Permissible without consent

Permissible with consent

Bellingen

Permissible without consent

Permissible without consent

Permissible with consent

Nambucca

Permissible without consent

Permissible without consent

Permissible without consent

Kempsey

Permissible with consent

Permissible with consent

Permissible with consent

Port Macquarie

Permissible without consent

Permissible without consent

Prohibited

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

          Horticulture

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

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

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

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

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

(d)  Tourist and Visitor Accommodation – 200m.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

CONSULTATION:

 

General Manager

Senior Town Planner

Coordinator of Strategic Planning and Natural Resources

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

Australian Blueberry Growers Association – Response contained within attachment 2.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Addressed above.

 

Social

 

Addressed above.

 

Economic

 

Addressed above.

 

Risk

 

Addressed above.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Addressed above.

 

Attachments:

1

37267/2017 - Response to Quorum Issue

 

2

33776/2017 - Attachment 1 - DPI Response

 

3

33775/2017 - Attachment 2 - ABGA Response

 

  


Ordinary Council Meeting - 12 October 2017

Quorum for Planning Proposal to Regulate Horticulture

 


 


Ordinary Council Meeting - 12 October 2017

Quorum for Planning Proposal to Regulate Horticulture

 


 


Ordinary Council Meeting - 12 October 2017

Quorum for Planning Proposal to Regulate Horticulture

 


Ordinary Council Meeting                                                                                               12 October 2017

General Manager

ITEM 9.4      SF842              121017         Council Advisory Committees

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report lists the committees which operated over the previous term of Council.

 

 

Recommendation:

 

That Council adopt the list of Advisory Committees as shown in the report as at the 12 October 2017.

 

 

OPTIONS:

 

The Council largely has discretion as to the committee structure it uses and the delegation of authority which it provides to those committees.  A number of committees and their functions such as Audit, Risk and Improvement as well as the Local Traffic Committee are outside Council’s control.

 

There are a number of factors to be considered in determining the value or cost effectiveness of Advisory Committees.  Without limiting the range of considerations, the following should be considered in the establishment of any Committee.

 

·      Whether or not the subject matter is important and complex, requiring more detailed scrutiny and consideration than could be afforded through Council’s normal twice monthly meetings.

·      Whether or not Council’s consideration of the matter could be improved by having members of the public or representatives of government departments with particular knowledge or expertise providing advice in a process separate to Council’s normal twice monthly meetings.

·      Whether or not the number and/or timing of decisions which need to be made in relation to a matter will require the delegation of authority to a Committee instead of decisions being made by Council at its normal twice monthly meetings.

·      Whether or not the consultative opportunities provided by a Committee may improve public participation in decision making over and above what could be achieved through Council’s normal processes for community engagement.

 

 

DISCUSSION:

 

A brief summary of Council’s Committees which have operated over the previous term are as follows:

 

Committee

Previous Councillors

Terms of Reference

Access Committee

Cr Jenvey

Cr Smyth

To develop and implement strategies which aim to ensure that the Nambucca Shire becomes an accessible community to all people, regardless of their abilities/ disabilities.

 

Arts Mid North Coast

 

Cr Jenvey – with Council requesting an alternative delegate with voting rights (Cr Smyth)

This is not a committee of council but rather a regional arts body which receives funding from Councils and the State Government and whose mission is to foster and support the creative arts on the Mid North Coast.

 

Audit, Risk & Improvement Committee

Cr Wilson

Mr Peter Lawry

Bellingen Shire Council Governance Manager

Committee must review the following aspects of the Council’s operations: compliance, risk management; fraud control; financial management; governance; implementation of strategic plan, delivery program and strategies; service reviews; collection of performance measurement data by the Council; any other matters prescribed by regulation.

 

Business Advisory Committee

 

All Councillors

Ms Kerry Grace

Paula Davis, Kath Daley, Jessica Thew, Mickey Hawkes, Ian Moule, Rachel Ward, Anthony Burton, Michael Ettelson, Louise Robinson, Mark Scott, Tracy Saul, Jill Ashley, Mary Lawler, Matt Baker, Judy Ward, Libby Ussher, Nichole Murphie, Chris Knight, Glen Heaton

 

For businesses, industry groups and community to work together with Nambucca Shire Council to:

 

Identify initiatives including, but not limited to marketing, easier access and improved presentation - for the highway by-pass and our future as a community;

 

Identify opportunities for the future for the Nambucca Shire which are unique to the Valley;

 

Advise and make recommendations to Council on matters relating to business and the development of the economy.

 

Clean Energy Committee

 

Cr Jenvey

Cr Smyth

Cr Ballangarry

Dr Peter Sobey

Mr Michael Blockey

Mr Colin Wilson

Nambucca Valley Conservation Association

 

Advisory (non-voting) members Office of Environment & Heritage, Council staff)

 

To provide and recommendations to Council in respect of:

*The status of Council’s Climate Change Adaptation Plan

*The implementation of the Climate Change Adaptation Fund of the Environmental Levy

*Activities related to Council’s membership with  the Sustainability Advantage Program

*The sustainable management of Council assets

*Identifying opportunities for investment in green/sustainable enterprises

*Promoting capacity building & sustainability education in the community

*External funding applications/projects and programs related to sustainability.

 

Estuary & Coastline Management Committee

Cr Ainsworth (Chair)

Cr Finlayson

Cr Reed

(plus government department & community reps)

Provide overall guidance for future management of Nambucca LGA’s river estuaries, coastal floodplains, coastal zone and flood risk in accordance with the NSW Coastal Policy, Flood Policy, State Rivers and Estuary Policy and NSW Wetlands Policy.

 

Oversee various investigations and studies that are required to evaluate flood risk, coastal zone and estuarine management options.

 

Assist Council in the preparation of Flood, Estuary and Coastal Zone Management Plans for all Nambucca Shire’s estuaries and coasts in accordance with the State Government Flood, Coast and Estuary Management Manuals.

 

Explore opportunities and assist Council in obtaining funding for works and projects that are identified as scheduled actions in Flood, Estuary and/or Coastal Management Plans; deemed necessary to effect improved management of coastal and estuary systems prior to the development of such plans.

 

Act as an advisory body to Council on coastal and estuary issues.

 

Provide a forum for open discussion, debate and education on coast, flood and estuary issues.

 

Provide linkages to other natural resource management committees, the catchment management board and community/stakeholder groups.

 

 


 

 

General Manager’s Performance Review Committee

 

All Councillors

The Office of Local Government recommended that a Committee be appointed to review the General Manager’s performance.  Whilst Council has a Committee, the practice has been for the twice yearly review of the General Manager’s performance to be undertaken by the Council at a Council meeting.

 

Land Development Committee

 

All Councillors

The Council has an extensive property portfolio that comprises both operational and community land.  The portfolio requires strategic management.  The Committee has met infrequently, mainly because many property matters have been reported direct to Council meetings.

 

Library Service Strategic Plan Committee

 

Cr Smyth

Cr Jones

Cr Jenvey

 

To oversee the preparation of a 10 year Library Strategic Plan for the library service provided by Nambucca Shire Council

 

Local Traffic Committee

(please note that despite the name, the Committee is not a committee of Council but rather the RMS)

One Council rep – currently the Manager Technical Services

NSW Police

RMS

Local State Member of their nominee (Mr Barry Reed)

 

Primarily a technical review committee which is required to advise the Council on matters referred to it (as per the guide to the delegation to councils for the regulation of traffic). 

Lower North Coast Bushfire Management Committee

 

Cr Ainsworth

The Committee is responsible for the Lower North Coast Bushfire Risk Management Plan preparation and review for Kempsey and Nambucca LGA’s.  It meets quarterly.

 

Nambucca Bushfire Management Committee

 

Cr Ainsworth

 

The Committee is primarily concerned with planning for hazard reduction and meets about quarterly.

Nambucca Emergency Operations Centre Committee of Management

 

Cr Ainsworth

Cr Finlayson

This Committee meets once a year to review the management arrangements and floor space of the NEOC complex which is located at the rear of the Mary Boulton Cottage Museum (rear of Works Depot).

 

Nambucca Community and Arts Centre

 

Cr Smyth

Cr Ballangarry OAM

The name of the entertainment centre has now been changed to the, “Nambucca Community and Arts Centre” which more accurately reflects its functions.  Council has exercised its right to have delegates in attendance at Committee meetings.  The Committee has included two Councillor representatives as delegates.

 

NSW North Coast Weed Advisory Committee

 

Cr Ainsworth

Tim Woodward

The objectives of the Committee are to promote awareness of noxious and environment weeds, to recommend weed policy, and to educate and train people in all matters pertaining to weeds.  The Committee meets about quarterly.

 

Vehicular Access to Beaches Committee

 

Cr Ainsworth

Cr Finlayson

Council has a policy of permitting authorised and licensed motor vehicles to gain access to designated beach areas in the Shire and the Committee meets to address the implementation of the policy including standard of access, signage, repairs to access, fees etc.  This Committee generally only meets twice a year to assess beach access points and any repairs which might be necessary.

 

 

 

CONSULTATION:

There has been no consultation in the preparation of this report.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The main risk concerns the opportunity cost of Councillors and staff applying their limited time to supporting the operation of committees.  All committees need to be able to demonstrate that better outcomes were achieved through their deliberations than would have occurred without them.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The management of committees can require a significant commitment of staff time.  This arises out of the preparation and circulation of agendas, attending meetings, responding to questions and proposals from committee members as well as preparing and actioning minutes.  The commitment of staff time is a cost borne by the organisation so requires careful consideration.  Of course there are also time and expense costs incurred by committee members other than council staff which also need to be considered.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                               12 October 2017

General Manager

ITEM 9.5      SF842              121017         Committees of Management - Facilities and Events

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council has many Section 355 Committees managing Council facilities and also staging community events.  At Council’s meeting on 19 March 2009 it was resolved that a roster be developed for the attendance of either Councillors or the General Manager at the Annual General Meeting (AGM) of each facility or event Committee of Management.

 

 

Recommendation:

 

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

 

 

 

DISCUSSION:

 

Councillors are, by virtue of their office (ex officio) entitled to attend all meetings of Committees of Council.

 

However, although Councillors may attend in an ex officio capacity they do not necessarily have a right to vote.  That right to vote attaches to the appointment as a representative or member or delegate as appropriate.

 

At Council’s meeting on 19 March 2009 it was resolved that a roster be developed for the attendance of either Councillors or the General Manager at the AGM of each facility or event Committee of Management. 

 

The involvement of a Council representative in the AGM’s is valued by the Committees as it links them to Council’s administration and provides an opportunity to respond to any particular operational questions or problems they might have.

 

A suggested roster for the Council’s consideration is shown in the following table.  Whilst Council staff endeavour to ensure that Section 355 Committees provide adequate notice of their AGM’s, if a rostered person is unable to attend an AGM for whatever reason, then that person should organise a replacement.

 

COMMITTEE OF MANAGEMENT

ROSTER FOR AGM ATTENDANCE

Adin Street Reserve, Scotts Head

Cr Anne Smyth

Argents Hill Hall

Cr Susan Jenvey

Australia Day

General Manager

Bowraville Sports Ground (Hennessy Tape Oval)    

Cr Martin Ballangarry OAM

Burrapine Public Hall

General Manager

Coronation Park

Cr Anne Smyth

Crosswinds Wetland Nature Reserve

Cr Janine Reed

Donnelly-Welsh Playing Fields

Cr John Ainsworth

EJ Biffin Playing

Cr Rhonda Hoban

Eungai District Memorial Hall

General Manager

Gordon Park Rainforest

Cr Anne Smyth

Gordon Park Tennis Centre

Cr Anne Smyth

Grants Hall

Cr Martin Ballangarry OAM

Macksville Gift

Cr Janine Reed

Macksville Park and Sports

AGM Engineering Services

Macksville Tennis Courts

AGM Engineering Services

Mary Boulton Pioneer Cottage and Museum

Cr John Ainsworth

Missabotti Community Centre

Cr Susan Jenvey

Nambucca District Band

Cr Martin Ballangarry OAM

Nambucca District Historical Society & Museum

Cr Anne Smyth

Nambucca Community and Arts Centre

(formerly Nambucca Entertainment Centre)

Cr John Wilson

Nambucca Valley Netball Courts

General Manager

North Macksville Playing Fields & Soccer Club

General Manager

Scotts Head Events Committee

Assistant General Manager Corporate Services

Scotts Head Sports Field

Assistant General Manager Corporate Services

Scotts Head Tennis Courts

Assistant General Manager Corporate Services

South Arm Hall

Cr Martin Ballangarry OAM

Talarm Hall and Welsh Pioneer Park

Cr Brian Finlayson

Taylors Arm Hall

Cr David Jones

Taylors Arm Sports Reserve

Cr David Jones

Tewinga Community Centre

Cr John Wilson

Unkya Reserve

General Manager

Utungun Community Hall

Cr Janine Reed

Valla Beach Tennis Club

Cr Rhonda Hoban

Valla Beach Community Association

Cr Susan Jenvey

Valla Public Hall

Cr Rhonda Hoban

Warrell Creek Public Hall

General Manager

 

 

CONSULTATION:

 

Nil

 

SUSTAINABILITY ASSESSMENT:

 

Environment

This report has no impact on the environment.

 

Social

This report has no social impacts.

 

Economic

This report has no economic impacts.

 

Risk

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There are no direct or indirect financial impacts.

 

Source of fund and any variance to working funds

There are no variances to working funds.

 

Service level changes and resourcing/staff implications

There are no changes to service levels or staffing implications.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                               12 October 2017

General Manager

ITEM 9.6      SF88                121017         Resignations - Purchase of Gifts Policy

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

This was previously reported to Council at its meeting of 17 August 2017 and the following resolution was adopted:

 

          That Council adopt the draft Resignations – Purchase of Gifts Policy as per the second attachment to this report with the replacement of “gift card” with “gift card or voucher preferably from a local supplier” and further that the draft policy be placed on public exhibition.

 

The draft policy was advertised in the Guardian News on 31 August 2017 and submissions were invited up until Friday 29 September 2017.  The draft policy was available for viewing on Council’s website, at the administration building and at the Nambucca Heads library.  No submissions were received.

 

It is recommended that the policy be adopted as advertised.

 

 

Recommendation:

 

That Council adopt the Resignations – Purchase of Gifts Policy as per the second attachment to this report.

 

 

OPTIONS:

 

There are many different options from providing no Council funded gifts to more generous arrangements than those recommended.

 

DISCUSSION:

 

The Council adopted a policy on the purchase of gifts for staff who resign from the organisation.  A policy was apparently adopted by the council in 1998 and has subsequently been amended on a number of occasions by management and the Management Executive (MANEX), apparently on the basis of it being an operational policy rather than a council policy.

 

The current policy is attached.

 

There have been some recent issues with the operation of the policy and given the gifts are financed by ratepayers’ funds and the staff have a general conflict of interest in relation to the generosity of the policy it is considered preferable that the matter be considered by the Council.

 

In relation to the operation of the policy the following considerations warrant a review of the policy:

 

1        Fringe Benefits Tax (FBT)

 

Exemption from paying the Fringe Benefits Tax (FBT) on such resignation gifts only apply to service of 15 years or more to the value of $1,000 and $100 for each additional year.  In the existing policy the 10 to 15 year gift to the value of $356 will attract a fringe benefits tax payable by Council of approximately $344.  Under the FBT rules the limit for an FBT exemption on a minor benefit is that it must be under $300.

 

2        Length of Service

 

The policy provides no material benefit until a staff member has provided at least 10 years’ service.  Length of service is one but not the only indicator of an employee’s contribution to the Council.  It does disenfranchise those staff who make a significant contribution to the Council over a shorter period and who then move on in their careers or to retirement.

 

3        Termination of Employment for Reasons of Poor Performance or for Breaches of the Code of Conduct

 

The policy makes no reference to the applicable arrangements where a staff member is terminated for reasons of poor performance of for breaches of the Code of Conduct.  Obviously the Council should not be providing a material benefit for a staff member who has been terminated for these reasons.

 

4        The Procurement of Gifts

 

Some consideration should be given to minimising the time required to procure an appropriate gift.  Sometimes this requires a staff member in their own time travelling to Coffs Harbour.  The provision of gift cards which can be purchased locally or online obviates the time commitment to procure a gift.

 

5        Community Norms

 

The purchase of a gift upon resignation to acknowledge a staff member’s contribution to the Nambucca Valley is at the discretion of the Council.  Whilst most businesses acknowledge a person’s contribution in some manner, the more difficult question is establishing a value which is reasonable.

 

CONSULTATION:

 

The matter concerns a discretionary gift from the Council and for this reason the view of Council’s Consultative Committee has not been sought.  As previously indicated there is also a conflict of interest issue.

 

Given the operational nature of the policy it is not proposed that it be advertised.  There is no evidence that the previous policy was advertised and there is an expense in advertising costs and staff time which is difficult to justify in relation to the matter.  There will be a range of views as to a reasonable policy and the Council is probably best placed to adjudicate on the preferred arrangement.  However it is open for the Council to advertise the policy for public comment should it wish to.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic issues.

 

Risk

 

The major risk pertains to setting a reasonable policy.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The proposed revised policy will have no significant budgetary impact.  The revised policy has a more generous arrangement for staff who resign with less than less than 10 years’ service and a less generous arrangement for staff who staff who leave with more than 15 years’ service.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The implementation of the policy will require less work than the existing policy.

 

Attachments:

1

23024/2007 - POLICY - Resignations - Purchase of Gifts

 

2

30368/2017 - Draft Resignations - Purchase of Gifts Policy

 

  


Ordinary Council Meeting - 12 October 2017

Resignations - Purchase of Gifts Policy

 

 

 

Description: nambucca valley nsc

 

 

 

NAMBUCCA SHIRE COUNCIL

RESIGNATIONS - PURCHASE OF GIFTS POLICY

 

 

 

Function:  Human Resources

 

 

Adopted by Council:  19 March 1998

Minutes No: 043

Last reviewed: July 2013 (by A/g AGMCS)

24 September 2015 (MANEX A)

13 June 2016 (Rates supplied by Accountant)

 

 

 

1          Policy objective

 

The aim of this policy is to establish guidelines for the purchase of gifts and other forms of recognition for members of staff resigning from Council’s employ.

 

2          Related legislation

 

Not applicable

 

3              Definitions

 

Not applicable

 

4          Policy statement

 

The following schedule shall be referred to in the event of a staff resignation for the year 2015/16:

 

Less than 10 years’ service                 Certificate of Appreciation

 

10 to 15 years’ service                         Gift to the value of $356.00 plus Certificate of Appreciation

 

15 to 20 years’ service                         Gift to the value of $475.00 plus Certificate of Appreciation

                                                                          

20 to 25 years’ service                         Gift to the value of $593.00 plus Certificate of Appreciation

 

Greater than 25 years’ service            Gift to the value of $593.00 plus Certificate of Appreciation

 

5          Annual review

 

The schedule shall be adjusted annually in accordance with the CPI.

 

Last Review

Period

CPI All Groups

10-15 yrs

15-20 yrs

20-25 yrs

>25 yrs

June 2008

300

400

500

500

June 2009

06/08-06/09

1.50%

305

406

508

508

June 2010

06/09-06/10

3.10%

314

419

523

523

June 2011

06/10-06/11

3.60%

325

434

542

542

June 2012

06/11-06/12

1.20%

329

439

549

549

June 2013

06/12-06/13

2.40%

337

449

562

562

June 2014

06/13-06/14

3.00%

347

463

579

579

June 2015

06/14-06/15

1.50%

352

470

587

587

June 2016

06/15-06/16

1.00%

356

475

593

593

 


Ordinary Council Meeting - 12 October 2017

Resignations - Purchase of Gifts Policy

 

 

 

Description: nambucca valley nsc

 

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT RESIGNATIONS - PURCHASE OF GIFTS POLICY

 

 

 

 

 

 

Adopted by Council:  19 March 1998

Minutes No: 043

Last reviewed: July 2013 (by A/g AGMCS)

24 September 2015 (MANEX A)

13 June 2016 (Rates supplied by Accountant)

17 August 2017 (by Council)

 

 

 

 

1        Policy objective

 

The aim of this policy is to establish guidelines for the purchase of gifts and other forms of recognition for members of staff resigning from Council’s employ.

 

 

2        Related legislation

 

Not applicable

 

 

3        Definitions

 

Not applicable

 

 

4        Policy statement

 

All resigning staff members will be provided with a certificate of appreciation.

 

The following schedule shall be used to determine a “thank you” gift in the event of a staff resignation.

 

More than 5 years’ service and less than 10 years’ service         Gift card or Voucher to the value of $100

 

More than 10 years’ service and less than 15 years’ service        Gift card or Voucher to the value of $200

 

More than 15 years’ service and less than 20 years’ service        Gift card or Voucher to the value of $300

 

More than 20 years’ service                                                      Gift card or Voucher to the value of $400

 

The gift card or Voucher preferably from a local supplier is to be chosen by the employee in consultation with their supervisor.

 

A certificate of appreciation or gift card or voucher will not be provided where a staff member is terminated for reasons of poor performance or for breaches of the Code of Conduct.


Ordinary Council Meeting                                                                                               12 October 2017

General Manager's Report

ITEM 9.7      SF2329            121017         Main Streets Revitalisation Post Bypass

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council further consider funding a main streets revitalisation under the NSW Government’s $1.3 billion Regional Growth Fund.

 

 

OPTIONS:

 

Council has discretion as to the projects it seeks to fund under the program.

 

 

DISCUSSION:

 

A feature of the recommendations of Council’s Business Advisory Committee has been a number of recommendations to improve the facades of the shopping districts of our towns and villages.

 

The Business Advisory Committee includes a sub-group which has formulated recommendations pertaining to “Look, Theme and Style”, being the use of colour and façade improvement to beautify the shopping districts of the valley’s towns and villages.

 

Local resident, Rachel Ward has been instrumental in developing a schematic for Macksville to demonstrate the potential improvement in the streetscape which can be achieved through the reinstatement of verandahs, the use of colour and more heritage inspired signage.  A schematic showing her ideas is attached.

 

The Business Advisory Committee “Look, Theme, and Style” sub-group has proposed a number of recommendations specific to the shopping districts of each of the Valley’s towns and villages as follows:

 

1.1     Determine the boundary of participation in each town or village

1.1.1  Present Concept plan to Council (Macksville)

1.2     Create a database of building owners and tenants in the boundary of participation

1.3     Liaise with Paint company for free or reduced costs of paint

1.4     Choose the palate of colors

1.5     Assign the palate into themes eg: Ocean Theme, Rustic Theme etc

1.6     Determine a number of fascia  shapes to choose from

1.7     Liaise with contractors/ mfsen’s sheds to determine cost to produce per m (where the original is missing or removed)

1.7.1  Liaise with Department Store Owner to have mural painted on side of building

1.7.2  Design mural

1.7.3  Paint building

1.8     Produce a Style Guide for owners

1.9     Write to all owners with a style guide and concept argument along with the benefits to commercial trade and in turn benefits to land value and rental markets for participation. Organize a meeting to exhibit concept to them.

1.10   Exhibit the information in local shop fronts

1.11   Write to manufacturers and suppliers to get materials for free or cost prior to commencement

1.12   Determine a date to commence

1.13   Contact Australian Story for background photos and film with dates for subsequent visits

1.14   Draw up graphics for Coloring in competition.

1.15   Draw up a full page information sheet for parents on the back of each coloring in page

1.16   Liaise with Chamber of Commerce to sponsor the competition and determine the prizes/ judges and judging dates/ where the finalists will be displayed etc.

1.17   Print coloring in competition sheets

1.18   Distribute Coloring in sheets to local Schools with return address for postage and due date.

1.19   Display and Judge entries and get media attention for the winners.

1.20   Liaise with Council to make any works under this scheme approved within 7-14 days if possible so momentum is not stopped.

1.21   Liaise with Council to make all DA’s where necessary free of charge for participants.

1.22   Call out to locals who would like to participate and who have the skills to do the work  to assist owners by volunteering to paint, erect, pull down or build.

1.23   Give owners list of possible volunteers to assist them.

2.1     Determine Theme of street) furnishings and complete a simple concept plan to give to chambers of commerce.  Materials from Old Machinery and Timbers to be given priority.

2.2     Liaise with Chambers of Commerce and other groups to get a theme for each town/ Village to be included in the finalized concept plans.

2.3     Create a mud map of where furniture could be placed immediately on the footpaths or grassed areas for tangible results quickly.

2.4     Call for Artisans and retired Trades people to commence building project for seats/ Tables etc.  in return for their ability to place a plaque on the works advertising their services or perhaps honoring a local person and their services.

2.5     Liaise with local sawmilling business for donations of timber.

2.6     Call for donations of old machinery pieces (via photo) for use by artisans and Tradespeople.

2.7     Get photos of completed seats etc and determine position based on style and on predetermined mud map.

2.8     Council to organize work crew to pick up piece during work day and deliver to site.

2.9     Council to install piece to ensure safety.

2.10   Media Attention given.

3.1     Tree Selection to be decided and listed.  Liaise with Tree expert regarding transportation and survival.

3.2     Shout out to all owners to determine if they have mature trees they would like to donate to the project as long as they are suitable to transport.

3.3     Map of each town to determine where each donated tree could be placed.

3.4     Removal of Donated Trees and Transportation to site for planting.

3.5     Amend work plan for maintenance crews from Council to tend to the new plantings until established.

3.6     Establish a map for planting of trees that have to be purchased or grown.

3.7     If trees are to be grown for future use establish seedlings at Council depot and assign the health and welfare of the trees to a job description including the need to increase pot size when necessary.

3.8     Once seedlings are survivable in town replant in designated position.

3.9     Add the cost of trees to be purchased to grants to absorb any unspent funds or get variations to existing grants for the purchase of trees etc.

3.10   Liaise with State forests for the possibility to remove matured varieties (eg: Palms) etc from the State forest where available.

3.11   Liaise with Crown Lands to remove matured trees where available for use on this project.

4.1     Draw up a concept plan for Chambers of commerce to choose a theme for their town/ village.

4.2     Determine the position in each town centre where the sculpture will be.

4.3     Liaise with Essential Energy for donations of Lighting to the exact location for the purposes of display.

4.4     Liaise with local electricians for donations of labor if required for lighting a display

4.5     Liaise with electrical wholesalers for donations of materials for lighting of display.

4.6     Predetermine the maximum size to be accepted

4.7     Predetermine the method of display eg: entries will have to have a 90cm steel or equivalent rod so it can be inserted into a pre prepared area.

4.8     Run a competition for sculptors and Artisans to submit their works and a date of completion. Make sure the artists understand that by submitting their works they are donating the sculpture to the town in perpetuity.

4.9     Determine the judges and the method of judging.

4.10   Receive photos from entries and judge works determining the winning entry for each town/village.

4.11   Advise winners and organize for sculptures to be delivered to pre prepared areas for installation.

4.12   Liaise with local engravers to have plaques donated for each site listing the name of the artist.

4.13   Organize an unveiling and celebration.

 

It is apparent that the very worthy proposals from Rachel Ward and the Business Advisory Committee are of a scale that will require project management support from either a contractor or a Council staff member.

 

In many respects the proposals resemble the Main Street program which ran in many NSW towns during the 1980’s and 1990’s.

 

The opportunity to utilize grant funding from the NSW Government’s $1.3 billion Regional Growth Fund has been discussed with representatives of the Department of Premier and Cabinet who confirm that this type of project would be eligible for funding under this program.

 

The Regional Growth Fund has been discussed as a vehicle for providing infrastructure funding to the Valla Growth Area.  There is also the possibility that Council may receive Federal funding for the Valla Growth Area in which case there would be an opportunity to include a Main Streets Revitalisation proposal in the expression of interest for the Regional Growth Fund.

 

It is proposed to provide a further report on a “Main Street” style program as proposed by the Business Advisory Committee for funding under the Regional Growth Fund.  The Council needs to submit an expression of interest for this funding in the near future.

 

Council staff are currently obtaining quotations for the provision of civil works design services for the first stage of the Valla Growth Area.  The outcome of these quotations will be reported to Council shortly.

 

CONSULTATION:

 

There has been consultation with the Coordinator Strategic Planning & Natural Resources.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

At this stage there are no environmental implications.

 

Social

At this stage there are no social implications.

 

Economic

At this stage there are no economic implications.

 

Risk

At this stage there are no identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The potential source of grant funding is discussed in the report.

 

Source of fund and any variance to working funds

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

The purpose of the report is to indicate that the proposed main streets revitalisation will require a funding commitment.

 

Attachments:

1

38094/2017 - Macksville Revitalisation Schematic

 

  


Ordinary Council Meeting - 12 October 2017

Main Streets Revitalisation Post Bypass

 

 

 



Ordinary Council Meeting                                                                                               12 October 2017

General Manager's Report

ITEM 9.8      SF2154            121017         Engagement of Public Works Advisory to Undertake Concept Designs for Bulk Water Supply (Trunk Mains and Reservoirs) and Sewerage for the Valla Growth Area plus Water to Scotts Head and Sewer Modelling for Macksville

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council proceed with the attached proposal from Public Works Advisory for water and sewerage modelling.

 

 

OPTIONS:

 

Council has the option of not proceeding.

 

Council has the option of seeking quotes from other providers.  However the contractors with the necessary qualifications and experience to undertake this work are very limited in number and Public Works Advisory has a significant advantage in already been engaged to review the IWCM.

 

 

DISCUSSION:

 

The attached proposal has been obtained from Public Works Advisory.

 

This is an amended proposal from Public Works to complete concept designs for bulk water supply (trunk main and reservoir)s and sewerage (collection and transfer to Nambucca STP) for the Valla Growth Area, water to Scotts Head and sewer modelling for Macksville.

 

The fee allows for options assessment and does not include the final concept report which will be prepared once the preferred options are agreed with Council.

 

There is a direct link between this work and the IWCM which Public Works are currently preparing and it represents a good chance of getting funding for construction works whilst tying it all together in the IWCM review.

 

Given the availability of grant funding for the Valla Growth Area there is some urgency in progressing with the proposed modelling.

 

 

CONSULTATION:

 

There has been consultation with the Manager Water & Sewerage.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

At this stage there are no implications for the environment.

 

Social

At this stage there are no social implications.

 

Economic

The Council does need to undertake this strategic planning work for the provision of water and sewerage services in order to develop the Valla Growth Area.

 

Risk

There are no identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The cost of the work including GST is $83,577.

 

Source of fund and any variance to working funds

There is a possibility that the funding can be sourced from the currently available grants.  Otherwise the funding will need to be derived from water and sewerage working funds.

 

Service level changes and resourcing/staff implications

There are no service level implications.

 

Attachments:

1

38252/2017 - Water and Sewerage Modelling Draft Proposal

 

  


Ordinary Council Meeting - 12 October 2017

Engagement of Public Works Advisory to Undertake Concept Designs for Bulk Water Supply (Trunk Mains and Reservoirs) and Sewerage for the Valla Growth Area plus Water to Scotts Head and Sewer Modelling for Macksville

 


 


 


 


 


 


 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                               12 October 2017

General Manager's Report

ITEM 9.9      SF669              121017         Short Term Holiday Letting in NSW Options Paper

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

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.

 

Recommendation:

 

That Council lodge the draft submission contained within attachment 1 to the NSW Department of Planning and Environment in response to the Short-term Holiday Letting options paper.

 

 

OPTIONS:

 

·      Lodge the submission as recommended.

·      Lodge an amended submission.

·      Not lodge a submission.

 

DISCUSSION:

 

Short-term holiday letting (STHL) is estimated to be worth $31.3 billion nationally, providing income for property owners and creating jobs through the establishment of new businesses to manage transactions between property owners and customers. In NSW, STHL constitutes approximately 50% of the national total and accounts for 25% of total visitor nights. However, there are some areas of the state which experience significant social and environmental impacts as a result of STHL.

 

In response to a Parliamentary enquiry in 2016 into the rapid growth in short-term holiday letting (STHL), the NSW government supported putting in place a regulatory framework. The NSW Department of Planning and Environment have now released an options paper which seeks feedback on the approaches to enable economic benefits while managing the social and environmental impacts created by STHL. The following is a link to the options paper: http://www.planning.nsw.gov.au/STHL. Submission to the options paper end on 31 October 2017.

 

The options paper puts forward four options for the regulation of STHL which are as follows:

 

·      Self-Regulation – Establishing a strong and unified industry body with a broad membership and ability to ensure compliance with self-regulatory measures through a code of conduct.

 

·      Amendment to Strata Laws – Amended strata laws which could impose vicarious liability on lot owners for the actions of short term leases, allowing for increased levies on lot owners who engage in STHL, introducing a civil penalty for creating a nuisance, expanding the powers of the NSW Civil and Administrative Tribunal to deal with issues arising from STHL, and enabling owners corporations to prohibit or restrict STHL in their strata schemes.

 

·      Regulation through the planning system – Implementation of planning controls which make STHL exempt or complying development subject to meeting specified development standards.

 

·      Requirement for registration or licensing – The creation of a registration system hosted by a Government agency where the STHL would be required to comply with a code of practice.

 

Given the limited supply of hotel or motel accommodation within the Nambucca Shire and the variety in styles of accommodation provided by residential dwellings; the STHL of dwellings is considered to be a vital component of the shires economy, with potentially hundreds of listings currently available.

 

Under the Nambucca Local Environmental Plan 2010 (NLEP), STHL is captured under the land use definition ‘Tourist and Visitor Accommodation’. The NLEP requires development consent to be obtained from Council for all ‘Tourist and Visitor Accommodation’ within the shire. Given there is potentially hundreds of dwellings being let for STHL within the shire without any development consent being obtained (many are not aware that consent is required), the ability for STHL to be undertaken without resulting in any adverse impacts (as seen through minimal complaints to Council), the ever increasing ability to facilitate STHL through platforms such as Airbnb, the lack of resources Council has to regulate all STHL dwellings, and the importance of such accommodation to the shires economy; it is considered to be appropriate that Council makes a submission to the options paper recommending that the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP) be amended by adding a division which makes STHL exempt development subject to development standards which are aimed at reducing amenity impacts.

 

Having regard to the above, it is suggested that the following exempt development standards be incorporated into the SEPP:

 

Short-term holiday letting

The use of a dwelling as tourist and visitor accommodation must comply with the following:

(1)  The subject dwelling must be the subject of an existing development consent and be located in a zone where dwellings are permitted with consent.

(2)  The dwelling must not contain more than 4 bedrooms.

(3)   A maximum of two adults per bedroom. Only those rooms approved as bedrooms are to be used for the purposes of this subclause.

(4)  The dwelling must be serviced by a general waste garbage bin of at least 240L capacity.

(5)  If the dwelling is located in a bush fire prone area, the development consent for the erection of the dwelling must have been granted in accordance with section 79BA of the act and a bush fire evacuation plan must be attached to the dwelling in a prominent location.

(6)   All vehicles associated with the occupants of the accommodation must be located on the same lot as the dwelling.

(7)   Noise emanating from the lot on which the dwelling is located must not be offensive as defined under the Protection of the Environment Operations Act 1997.

(8)  There must not have been more than 2 written complaints to the Council concerning the activities taking place on the property from the occupiers of separate dwellings located within 40m of the subject dwelling within the preceding 12 months.

(9)   The operator must hold a monetary bond to discourage occupants from behaving in a manner which adversely impacts the amenity of the surrounding area.

 

It is also suggested that strata laws be amended to give owners corporations greater power to manage STHL in their strata schemes. Strata schemes generally have residents within close proximity and shared responsibility for common property. This results in a higher potential for conflicts to arise. It is considered that giving owners corporations greater powers to manage STHL will reduce resource drain on government authorities who have to respond to amenity complaints; as it will provide an avenue for the matter to be dealt with between the owners. However, it is considered that such power should be limited to the extent that it does not enable owner’s corporations to unnecessarily prohibit STHL.

 

It is recommended that Council lodge a submission regarding the STHL options paper outlining the above position. The draft submission has been included within attachment 1.

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

N/A

 

Social

 

Addressed in report.

 

Economic

 

Addressed in report.

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

36904/2017 - Attachment 1 - Draft Submission

 

  


Ordinary Council Meeting - 12 October 2017

Short Term Holiday Letting in NSW Options Paper

 

Enquiries to:     Daniel Walsh

Our Ref:          SF669

Contact:          65680259

 

 

 

<<date>>

 

 

 

Director, Housing Policy

Department of Planning and Environment

GPO Box 39

SYDNEY NSW 2001

 

 

Dear Sir/Madam

 

SUBMISSION – SHORT TERM HOLIDAY LETTING IN NSW OPTIONS PAPER

 

Reference is made to the Short-term Holiday Letting in NSW Options Paper and the invitation to provide comment on the options raised.

 

Of the four options raised, it is considered that regulation through the planning system and amendment to Strata Laws would be the best way to facilitate the ever expanding short term holiday letting (STHL) industry while enabling local authorities and owners corporations to take action on those STHL which result in adverse amenity impacts as experienced within other parts of the country.

 

In order to do this it is recommended that the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP) be amended by adding a division which makes STHL exempt development subject to development standards which are aimed at reducing amenity impacts.

 

Having regard to the above, it is suggested that the following exempt development standards be incorporated into the SEPP:

 

Short-term holiday letting

The use of a dwelling as tourist and visitor accommodation must comply with the following:

(1)  The subject dwelling must be the subject of an existing development consent and be located in a zone where dwellings are permitted with consent.

(2)  The dwelling must not contain more than 4 bedrooms.

(3)   A maximum of two adults per bedroom. Only those rooms approved as bedrooms are to be used for the purposes of this subclause.

(4)  The dwelling must be serviced by a general waste garbage bin of at least 240L capacity.

(5)  If the dwelling is located in a bush fire prone area, the development consent for the erection of the dwelling must have been granted in accordance with section 79BA of the act and a bush fire evacuation plan must be attached to the dwelling in a prominent location.

(6)   All vehicles associated with the occupants of the accommodation must be located on the same lot as the dwelling.

(7)   Noise emanating from the lot on which the dwelling is located must not be offensive as defined under the Protection of the Environment Operations Act 1997.

(8)  There must not have been more than 2 written complaints to the Council concerning the activities taking place on the property from the occupiers of separate dwellings located within 40m of the subject dwelling within the preceding 12 months.

(9)   The operator must hold a monetary bond to discourage occupants from behaving in a manner which adversely impacts the amenity of the surrounding area.

 

It is also suggested that strata laws be amended to give owners corporations greater power to manage STHL in their strata schemes. Strata schemes generally have residents within close proximity and shared responsibility for common property. This results in a higher potential for conflicts to arise. It is considered that giving owners corporations greater powers to manage STHL will reduce resource drain on government authorities who have to respond to amenity complaints; as it will provide an avenue for the matter to be dealt with between the owners. However, it is considered that such power should be limited to the extent that it does not enable owner’s corporations to unnecessarily prohibit STHL.

 

If you would like to discuss this matter further, please contact me on 65680259 or daniel.walsh@nambucca.nsw.gov.au.

 

Yours faithfully

 

 

 

 

Daniel Walsh

MANAGER DEVELOPMENT & ENVIRONMENT

 


Ordinary Council Meeting                                                                                               12 October 2017

General Manager's Report

ITEM 9.10    DA2016/010      121017         Review of Section 64 and 94 Development Contributions

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

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.

 

 

Recommendation:

 

1        That Council not provide a reduction in developer contributions for development consent DA2016/010.

 

2        That Council issue a separate engagement to Public Works Advisory to review Section 64 developer contributions as part of the current review of the Integrated Water Cycle Management Strategy and related financial plans and give consideration to abandoning the “grandfathering” arrangement for consents pre 2012 if a reasonable reduction in contributions can be achieved.

 

 

OPTIONS:

 

·           Not provide a reduction in developer contributions. This may mean that the proposed subdivision does not proceed and if so reduces competition in the provision of residential land stock in Macksville which will potentially put upward pressure on prices and slow take up rates.  However if the subdivision does proceed Council will benefit from an additional $648,344.54 in contribution revenue.  It also reduces the risk of other property owners adjoining the Macksville Heights Estate from seeking similar consideration.

 

In order to fast track Councils review of Section 64 developer contributions as part of the Integrated Water Cycle Management Strategy and related financial plans, Council could engage a separate independent consultant to undertake the review. This review could result in a reasonable reduction of section 64 contributions which may enable the grandfathering arrangement to be abandoned, resulting in greater equity.

 

·           Extend the grandfathering arrangements for only Section 64 contributions to Mr McEvoy which would mean a financial “benefit” of $7,171 per lot and foregoing $308,353 in Section 64 contribution revenue.  In support of this option is the fact that Council has not previously entered into any “grandfathering” arrangements for Section 94 contributions.  They have only been agreed for Section 64 developer contributions for water and sewerage for consents pre-dating 2012.  This also assists in managing risk from other property owners adjoining the Macksville Heights Estate from seeking similar consideration.

 

·              Reduce both Section 64 and 94 developer contributions payable by Mr McEvoy so that they are no greater than those payable under previous development consents for the Macksville Heights Estate.  This means a financial “benefit” to Mr McEvoy of $15,077 per lot and Council foregoing Section 64 and Section 94 contribution revenue of $648,344.  This option may be viewed as the “fairest” in terms of the developers’ obligations.  It is also the option most likely to result in the greatest amount of economic development.  Conversely it is the option whereby Council receives the least developer contributions and is exposed to the greatest risk in terms of other adjoining property owners seeking similar consideration.

 

 

DISCUSSION:

 

Council made the following resolution at its meeting on 14 September 2017 in relation to the review of developer contributions payable under development consent DA2016/010 as requested by Mr Steve McEvoy:

 

          1        That Mr McEvoy be provided with an opportunity to provide whatever information he may possess to support the substantial commencement of the 2005 and 2006 consents applying to his land, following which the Council obtain legal advice as to whether or not the development consents issued in 2005 and 2006 for the subdivision of Mr McEvoy’s land have lapsed for want of substantial commencement.

 

2        Following the receipt of legal advice that the matter be reported back to Council.

 

The development consents issued in 2005 and 2006 are DA2005/008, DA2005/121 and DA2006/058. All three development consents contained deferred commencement conditions. The deferred commencement condition within DA2005/008 required the creation of a drainage easement through the adjoining Lot 2 DP 1076480. The deferred commencement conditions within DA2005/121 and DA2006/058 required the construction of roads which were the subject of previous development consents. The required roads and drainage easement have not been constructed/created and the lapse date for the development consents have now passed.

 

Section 95(6) of the Environmental Planning and Assessment Act 1979 states:

 

“Despite any other provision of this section, a development consent that is subject to a deferred commencement condition under section 80 (3) lapses if the applicant fails to satisfy the consent authority as to the matter specified in the condition within 5 years from the grant of the consent or, if a shorter period is specified by the consent authority, within the period so specified.”

 

Having regard to the above, it is clear that development consents DA2005/008, DA2005/121 and DA2006/058 have lapsed as the matters specified in each of the deferred commencement conditions have not been satisfied and it has been more than five years from the grant of consent. This was acknowledged by Mr McEvoy and his solicitor during consultation on the matter.

 

As such, legal advice has not been sought due to it being evident that the development consents have lapsed.

 

Council must now decide whether or not to reduce section 64 and 94 developer contributions as requested by Mr McEvoy, to the pre 2012 rates which are relevant to the Macksville Heights Estate subdivision which adjoins Mr McEvoys land (DA2016/010).  A plan showing Mr McEvoy’s subdivision is attached.

 

The following is a breakdown of the section 64 and 94 contributions payable per lot as part of DA2016/010 and those within the Macksville Heights Estate in accordance with Councils 2017/18 fees and charges:

 

Contribution Plan

DA2016/010

Macksville Heights Estate

Community Facilities and Open Space (s94)

$1,747.00 (due to plan being amended in 2008 & 2015)

$2,536.00

Surf Life Saving Equipment (s94)

$116.00

$116.00

Upper Warrell Creek Overbridge (s94)

$562.00

$562.00

South Macksville Roadwork’s (s94)

N/A (plan deleted as superseded by Upper Warrell Creek Rd Plan)

$1,048.00 (Area 2)

Local Roads & Traffic Infrastructure (s94)

$4,034.00

N/A (plan commenced in 2013)

Upper Warrell Creek Road (s94)

$4,836.00 (Area 1)

N/A

Administration Charge (s94)

$1,129.50

$255.72

Water Supply (s64)

$12,974.00

$5,241.00

Sewerage (s64)

$7,292.00

$7,854.00

Total Developer Contributions

 

Section 94 - $12,424.50

Section 64 - $20,266.00

Overall - $32,690.50 per lot

Section 94 - $4,517.72

Section 64 - $13,095.00

Overall - $17,612.72 per lot

 

As can be seen above, Mr McEvoy is required to pay an additional $15,077.78 per lot more than the neighbouring Macksville Heights Estate. Should Council agree to reduce the contributions it would result in a loss of $648,344.54 in contribution revenue (i.e. 43 lots x $15,077.78).

 

 

CONSULTATION:

 

Mr McEvoy has now advised that he will accept the specified Section 94 contributions but seeks approval from Council to fix the Section 64 developer contributions for water and sewerage at the same (grandfathered) level being paid by the neighbouring Macksville Heights Estate.

 

Comment from General Manager

 

It is apparent that I erred in initially recommending to Council’s meeting on 14 September 2017 that Council reduce the Section 64 developer contributions payable under DA2016/010 so that they are no greater than those payable under the consents issued for the subdivision of the adjoining Macksville Heights subdivision.  This unnecessarily increased the developer’s expectations and laid bare a potential inconsistency in Council’s approach to contribution planning.  I can only attribute the error to being too hasty in not fully researching the existing consents and in trying to quickly resolve a financial issue which threatened a large (45 lot) residential subdivision.  I had not fully considered the equity implications of such a significant decision.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable.

 

Social

 

There are no significant social impacts.

 

Economic

 

Based on advice from Mr McEvoy, there is a reasonable risk that the 45 lot subdivision will not proceed at this time.  This will result in a significant “loss” of investment to Macksville and the Nambucca Valley generally.  It can be argued that some or all of the lost opportunity may be made up in the development and sale of other residential land.  However to maximise economic outcomes it is desirable that the supply of land be maximised.  Besides all of the economic development which arises from the subdivision civil works and the construction of dwellings, in general terms a 45 lot subdivision (43 additional lots) would yield average Council rates of $2,100 per annum per lot or $90,300 for all 43 additional lots.

 

Risk

 

As discussed there is a risk that the subdivision will not proceed.

 

 

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

 

Attachments:

1

19905/2016 - DA2016/010 - Approved Plans

 

2

38192/2017 - Attachment 2 - Steve McEvoy Response

 

  


Ordinary Council Meeting - 12 October 2017

Review of Section 64 and 94 Development Contributions

 


 


Ordinary Council Meeting - 12 October 2017

Review of Section 64 and 94 Development Contributions

 


 


Ordinary Council Meeting                                                                                               12 October 2017

General Manager's Report

ITEM 9.11    SF1855            121017         Results of Re-exhibition of proposed Tree Species for the Macksville Town Centre Revitalisation

 

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

 

Summary:

 

The purpose of this report is to provide Council with the results of the exhibition of the proposed tree species to be used in parts of the Macksville Town Centre.

 

 

Recommendation:

 

1        That Council endorse the use of the following species as addendum to the Macksville Town Centre revitalisation and for use as focal point tree species in the Macksville Town Centre:

 

·      Tibouchina (Alstonville or Jazzy); and

·      Magnolia Little Gem

 

2        That Item 6 Local Conditions a) Macksville of the Guidelines – Trees on Public Land (Our Ref: 25051/2011) be amended to include the Tibouchina (Alstonville or Jazzy); and the Magnolia Little Gem as focal point tree species in the Macksville Town Centre.

 

 

OPTIONS:

 

1        Council may choose not to endorse the species recommended for inclusion within the Macksville Town Centre Revitalisation.

 

2        Council may resolve to remove lagunaria patersonii (Norfolk Island Hibiscus) from the species list within the Street Tree Guidelines.

 

DISCUSSION:

 

Council has prepared plans for the revitalisation of the Macksville Town Centre, and has been considering species to be used as a focal point or feature trees and on 17 August Council resolved the following:

 

“That the Macksville revitalisation 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”.

 

An extract from the body of this report is provided below:

 

In response to this resolution the revitalisation plan was exhibited with the following advice:

 

In preparation for the impending highway bypass of Macksville, Council has prepared landscape plans for the revitalisation of the town centre.  The plans, which have been previously exhibited and endorsed by Council in principle, are proposed to be amended by the inclusion of two (2) non-native tree species in their species list for potential plantings. In consultation with community experts and Council staff the following species are being considered for focal point planting in the Macksville Town Centre:

 

·      Tibouchina (Alstonville or Jazzy); and

·      Magnolia Little Gem

 

The exhibition period was provided from 7 September 2017 to 21 September 2017. During this period two submissions were received. A copy of the submissions received is attached to this report. One of these submissions did not support the use of non-native species in urban areas. The other submission made comment on Council process in respect to the selection of species and expressed some concern in respect to pedestrian hazards that may result from poor selection.  

 

After the exhibition period was complete, Council received an additional nineteen (19) submissions at the time of writing this report. All of these submissions supported the use of:

 

·      Tibouchina (Alstonville or Jazzy); and

·      Magnolia Little Gem

 

Seventeen (17) of these submissions also suggested the following:

 

As the guidelines have only recently been reviewed after extensive deliberation by Council it is not proposed to reconsider any other species changes to the document at this time.  It is noted that a number of local government areas area no longer using lagunaria patersonii (Norfolk Island Hibiscus) in public spaces due to the reasons identified in the submissions.

 

Should site specific plans be developed which include species not identified in the guidelines this will be identified to Council during consideration of a draft plan.

 

A copy of each of the submission received after the exhibition can be made available to Councillors on request should they wish to review them.

 

 

CONSULTATION:

 

Nil

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The use of some non-native species in our planned improvements to towns or other spaces would have limited impact on the environment. Council will maintain its current theme of predominately native species unless other suitable species are nominated in a plan. An extract from the previous report to Council in August in provided below.

 

The planting of non-native ornamental trees to highlight architectural features, frame view corridors and provide more prominent contrast to the urban area to great effect is supported by staff providing the species are an ever-green and limited fruit drop species to minimise maintenance and maintain amenity.

 

The support is based on the fact that the Nambucca Shire has a substantial amount of natural vegetation (69% Regional SOE) and the placement of several non-native ornamental trees in an urban landscape as part of the revitalisation will not greatly impact on the natural environment also noting that the urban landscape is substantially altered from that of a natural landscape and opportunities to plant trees that display colour or other attractive qualities should not be dismissed purely because they are not native

 

Social

 

No impact.

 

Economic

 

No impact

.

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council has an allocation in this year’s budget for the Macksville Town Centre revitalisation.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

37836/2017 - submissions to tree species received by exhibition closure

 

  


Ordinary Council Meeting - 12 October 2017

Results of Re-exhibition of proposed Tree Species for the Macksville Town Centre Revitalisation

 

 

 

 


 


Ordinary Council Meeting                                                                                               12 October 2017

General Manager's Report

ITEM 9.12    SF1496            121017         Minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee - 21 September 2017

 

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

 

Summary:

 

The purpose of this report is for Council to endorse the minutes of the Nambucca Rivers Creek Estuaries and Coastline Management Committee meeting held on Thursday 21 September 2017.  A copy of the minutes is attached.

 

 

Recommendation:

 

That Council adopt the minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee held on the Thursday 21 September 2017.

 

 

OPTIONS:

 

1    Council may choose not to adopt the all or part of the minutes and request further clarification from staff on particular matters;

 

2    Council may make alternative recommendations to the committee

 

 

DISCUSSION:

 

The minutes of the committee meeting are attached.

 

It is noted that committee has resolved to undertake a river inspection of recent works and projects undertaken by Council in the Nambucca system. This inspection will align well with the release of Council’s ecohealth monitoring program which is due to be completed this month.

 

Discussions with the University of New England staff have indicated their availability to attend the river inspection to discuss the results of the monitoring program. This could also be aligned with other Natural Resource representatives who have undertaken projects in the area including:

 

-     Local land services

-     Nature conservation trust

-     Nambucca Valley Landcare

-     OEH; and

-     perhaps Pacifico.

 

Council has also been approached by Ballina Shire Council who is interested in sending staff members to examine recent projects completed by Nambucca. 

 

A river inspection will be organised and Councillors, other agencies and Ballina Council will be invited to attend.

 

 

CONSULTATION:

 

Various agency representatives were present at the committee meeting to provide advice on various matters.

 

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

Nil

 

Economic

 

Nil

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funds required to complete the River Inspection will be made available through the Environmental Levy.

 

Source of fund and any variance to working funds

 

Environmental Levy

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

36696/2017 - Minutes - Nambucca River, Creeks, Estuaries and Coastline Management Committee - 21 September 2017

 

  


Ordinary Council Meeting - 12 October 2017

Minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee - 21 September 2017

 

PRESENT

 

Cr John Ainsworth (Chairperson)

Cr Brian Finlayson

Cr J Reed

James Hallam (NSW Farmers)

Fay Lawson (Flood Affected Landowner)

Phil Margules (Nambucca Valley Conservation Assn)

Logan Zingus (Landcare)

 

 

 

ALSO PRESENT

 

 

Grant Nelson (Coordinator Strategic Planning & Natural Resources)

Nic Denshire (Office of Environment & Heritage)

Craig Smith (Office of Environment and Heritage)

 

 

 

APOLOGIES

 

 

Michael Coulter (General Manager)

Pat Dwyer (NSW Fisheries)

Paula Flack (Nambucca Valley Conservation Assn)

John Schmidt (DECC)

Peter Shales (SES)

Cr Anne Smyth

Theresa Spens-Black (Nambucca River Oyster Growers)

Michael Stubbs (SES)

Cr John Wilson

 

 

 

DISCLOSURE OF INTEREST

 

Councillor J Reed declared a pecuniary interest in part of Item 5.3 Dawkins Park – Progress Report on Management and Investigations under the Local Government Act as Cr Reed is the elected Chairman of Nambucca Valley Care Ltd who own property adjoining the area and who are mentioned in the report. Cr Reed left the meeting for this item.

 

Councillor JA Ainsworth declared a pecuniary interest in part of Item 5.9 General Program Update under the Local Government Act as Cr Ainsworth owns land in the Gumma wetland area..  Cr Ainsworth left the meeting for this item.

 

 

CONFIRMATION OF MINUTES

 

RESOLVED:          (Smith/Lawson)

 

That the Nambucca River, Creek, Estuaries and Coastline Management Committee note the adoption and endorsement of the recommendations of the Minutes of the Meeting held on 18 November 2016, by Council at its meeting on 24 November 2016.

 

 

 

  

ASKING OF QUESTIONS WITH NOTICE

 

There were not questions with notice.

 

Assistant General Manager Corporate Services Report

ITEM 5.1      SF1496              210917      Report on Outstanding Items

RESOLVED:          (Finlayson/Reed)

 

The list of outstanding actions as at the 21 September 2017 be received and noted.

 

 

 

 

 

ITEM 5.2      SF1496              210917      Terms of Reference and Membership

RESOLVED:          (Finlayson/Reed)

 

1          That the Nambucca River, Creek, Estuaries and Coastline Management Committee note the terms of reference of the committee and the status of the committee membership and agency representation.

 

Motion:     (Reed)

 

That the Nambucca River, Creek, Estuaries and Coastline Management Committee invite Mr Anthony Burton to address next committee meeting on research he has undertaken in respect to fish stocking in the Nambucca River and Warrell Creek.

 

RESOLVED:          (Finlayson/Hallam)

 

2          That the Nambucca River, Creek, Estuaries and Coastline Management Committee invite Mr Anthony Burton to address next committee meeting on research he has undertaken in respect to fish stocking in the Nambucca River and Warrell Creek.

 

 

 

 

Councillor Janine Reed left the meeting before the commencement of this item, the time being 9.30am

 

 

ITEM 5.3      PRF47                210917      Dawkins Park - Progress Report on Management and Investigations

RESOLVED:                    (Finlayson/Lawson)

 

That the Nambucca River, Creek, Estuaries and Coastline Management Committee note the status of the Dawkins Park Projects.

 

 

 

 

Councillor Janine Reed returned to the meeting at the completion of this item, the time being 9.45am

 


 

ITEM 5.4      SF1496              210917      Preparation of Coastal Management Plan incorporating Estuary Management Plan

RESOLVED:          (Finlayson/Reed)

 

That the Nambucca River, Creek, Estuaries and Coastline Management Committee note the allocation of funding towards the preparation of a Coastal Management Program in accordance with the Coastal Management Reforms.

 

 

 

 

 

ITEM 5.5      SF1496              210917      Main Beach Nambucca Heads Stage 2 Coastal Protection Works - Progress Report

RESOLVED:          (Reed/Finlayson)

 

That the Nambucca River, Creek, Estuaries and Coastline Management Committee note the content of this report and the status of the project.

 

 

 

 

 

ITEM 5.6      SF1496              210917      Bank Stabilisation Projects Update

RESOLVED:          (Finlayson/Lawson)

 

That the Nambucca River, Creek, Estuaries and Coastline Management Committee note the status of the bank stabilisation program.

 

 

 

 

 

ITEM 5.7      SF1496              210917      Ecohealth Monitoring Report - Progress Report

RESOLVED:          (Reed/Finlayson)

 

That the Nambucca River, Creek, Estuaries and Coastline Management Committee receive and note the status of the program and receive a presentation from Council’s Coordinator of Strategic Planning and Natural Resources on the results to date.

 

 

 

 

 

ITEM 5.8      SF1496              210917      Scotts Head Headland - Coastal Protection Works

RESOLVED:          (Finlayson/Reed))

 

That the Nambucca River, Creek, Estuaries and Coastline Management Committee note the status of the project. 

 

Councillor John Ainsworth left the meeting before the commencement of this item, the time being 10.10am

Councillor Janine Reed chaired the meeting from this point on to closure.

ITEM 5.9      SF2165              210917      General Program Update

RESOLVED:          (Finlayson/Hallam)

 

1        That the Nambucca River, Creek, Estuaries and Coastline Management Committee receive note the status of the projects identified in this report.

 

Motion:     (Lawson)

 

That the Nambucca River, Creek, Estuaries and Coastline Management Committee undertake a cruise on the Nambucca River to visit the site of the sites or recent projects.

 

RESOLVED:          (Lawson/Hallam)

 

2        That the Nambucca River, Creek, Estuaries and Coastline Management Committee undertake a cruise on the Nambucca River to visit the site of the sites or recent projects.

 

 

 

   

 

 

NEXT MEETING DATE

 

The next meeting will be held on a date to be advised.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 10.55am.

 

 

 

 

CR J AINSWORTH and CR J REED

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                               12 October 2017

General Manager's Report

ITEM 9.13    DA2017/196      121017         Development Application DA2017/196 - Additions to dwelling (covered deck), additions to secondary dwelling (covered deck), use of carport and bedroom

 

AUTHOR/ENQUIRIES:    Anthony Brandie, Senior Health and Building Surveyor         

 

Summary:

 

The subject land is relatively flat and is located within an R1 – General Residential zone pursuant to Nambucca Local Environmental Plan 2010. The site hosts an existing dwelling, secondary dwelling and an above ground swimming pool that is in the process of being replaced.

 

Development Application 2017/196 was lodged with Council on 29 August 2017. The Applicant proposes to construct a covered deck on both the northern face of the existing dwelling and the eastern face of the existing secondary dwelling. The application also seeks to ‘regularise’ the carport and bedroom of the dwelling by applying for the use of these as they were historically constructed without the consent of Council prior to the Applicants tenure of the property.

 

The proposed development plans are in Attachment 2.

 

Note also that the Applicant is a Council staff member and the matter is being reported to Council for consideration in the interest of transparency and to manage any potential conflicts of interest.

 

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

 

 

Recommendation:

 

The report recommends the determination of the application granting Development Consent

 

 

OPTIONS:

 

1    To determine the application by granting Development Consent to the proposal subject to the recommended conditions in Attachment 1.

2    To determine the application by granting Development Consent to the proposal by way of amendment to the recommended conditions in Attachment 1.

3    To determine the application by refusal.

 

 

DISCUSSION:

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 ASSESSMENT

 

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

 

Conditions have been included within the conditions of consent which will ensure the proposed development is consistent with Planning for Bushfire Protection 2006.

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

Consistent with zoning objectives.

4.3 - Height of buildings

Yes

Single storey structures. Under the 8.5 metre height of building parameter.

4.4 - Floor space ratio

Yes

Within the 0.55 floor space ratio requirement.

5.5 - Development within the coastal zone

Yes

Consistent with policy objectives.

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 ASS – proposed development only requires minor earthworks and is not considered to lower water table.

7.6 - Earthworks

Yes

Minor earthworks required for footings/foundations of proposed additions.

 

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 71 – Coastal Protection

Yes

Consistent with policy objectives.

 

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

 

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

 

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

 

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

No submissions.

Environmental context (Part A)

Yes

 

Site Analysis (Part A)

Yes

 

Car Parking & Traffic (Part C)

Yes

Sufficient off street parking exists on site.

Sediment and erosion control (Part D)

Yes

Conditional.

Residential developments (Part H)

Yes

The proposal is not considered to have adverse privacy impacts.

 

(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

Yes

 

Anticipated type of development

Heritage

 

 

In accordance with the Due Diligence Code of Practice, there are no relevant confirmed site records or other associated landscape feature information on AHIMS, no other sources of information of which a person is already aware, and the development will not impact on any landscape features that are likely to indicate the presence of Aboriginal objects.

 

(c)      The suitability of the site for the development

 

Does the proposal fit in the locality?

Yes

No

 

x

 

Are the site attributes conducive to development?

Yes

No

 

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

 

Development Contribution Plan

Applicable

N/A

Contribution Amount

Community Facilities and Open Spaces

 

x

 

Local Roads & Traffic Infrastructure

 

x

 

Surf Lifesaving Equipment

 

x

 

Mines and Extractive Industries

 

x

 

Upper Warrell Creek Overbridge

 

x

 

Upper Warrell Creek Road

 

x

 

Smiths Lane Upgrade

 

x

 

Section 94A Development Contribution Plan

 

x

 

Administration 

 

x

 

 

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

 

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

 

Development Servicing Plan

Applicable

N/A

Contribution Amount

Water Supply

 

x

 

Sewerage

 

x

 

 

 

CONSULTATION:

 

The Manager of Development and Environment was consulted during the assessment of the subject proposal.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposal is not considered to have any adverse environmental impacts.

 

Social

 

The proposal is not considered to pose any social impact.

 

Economic

 

The proposal will have a minor economic impact in terms of trade.

 

Risk

 

The proposal poses no risk to the built or natural environment.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

37723/2017 - DA2017/196 -  Consent - ADDITIONS TO DWELLING & SECONDARY DWELLING, USE OF CARPORT & BEDROOM 1

 

2

37678/2017 - DA2017/196 - Development plans for Council report

 

  


Ordinary Council Meeting - 12 October 2017

Development Application DA2017/196 - Additions to dwelling (covered deck), additions to secondary dwelling (covered deck), use of carport and bedroom

 

Enquiries to:        Anthony Brandie

Contact Phone:    6568 0240

Our Ref:             DA 2017/196

 

 

 

29 September 2017

 

 

 

Mr W K Lowe

20 Vernon Street

SCOTTS HEAD  NSW  2447

 

 

 

NOTICE TO APPLICANT OF DETERMINATION OF A

DEVELOPMENT APPLICATION

(Issued under Section 81(1)(a) of the Environmental Planning and Assessment Act 1979)

 

 

Development Application No:                   2017/196

 

Applicant:                                                Mr W K Lowe

 

Subject Land:                                          Lot: 8 Sec: H DP: 20823, 20 Vernon Street, Scotts Head

 

Development Proposal:                            ADDITIONS TO DWELLING & SECONDARY DWELLING, USE OF CARPORT & INTERNAL

 

 


DETERMINATION

 

Determination:                                         The development application has been determined by Nambucca Shire Council by way of granting of consent subject to conditions described below.

 

Made on:                                                  29 September 2017

 

Consent to operate from:                         29 September 2017

 

Consent to lapse, unless the development has commenced in accordance with the provisions of Section 95 of the Act:                                                                29 September 2022

 

 


REVIEW OF DETERMINATION

 

An applicant may request a review of this decision under Section 82A of the Environmental Planning and Assessment Act 1979. A request for a review must be made within six (6) months after the date on which you receive this notice and must be accompanied with the prescribed fee.

 

 


RIGHT OF APPEAL

 

If you are dissatisfied with this decision, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within six (6) months after the date on which you receive this notice.

 



Ordinary Council Meeting - 12 October 2017

Development Application DA2017/196 - Additions to dwelling (covered deck), additions to secondary dwelling (covered deck), use of carport and bedroom

 

DETAILS OF CONDITIONS

 

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

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

 

Plan Title/Description

Dwg. No

Prepared by

Dated

Site plan (dwelling addition/secondary dwelling addition) and floor plan for dwelling addition

01A

Ecoliving design

25.8.2017

Elevations and section (dwelling addition)

02A

Ecoliving designs

25.8.2017

Site plan for use of carport and bedroom 1 and elevations of addition to secondary dwelling

-

-

-

 

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.

 

 

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

 

Construction Certificate

 

2        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

 

3        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

 

4        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.

 

Erosion & Sediment Control

 

5        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.

 

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

 

Toilet facilities

 

6        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

 

7        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.

 

Construction Times

 

8        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

 

9        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

 

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

 

 

 

11      Storm water from the proposed additions shall be discharged to the existing storm water system in accordance with AS3500.

 

 

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

 

Occupation Certificate

 

12      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

 

13      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).

 

Ember Protection

 

14      The existing building is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

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 that the relevant public authorities have been consulted and their requirements met, or arrangements made, for the provision of services to the satisfaction of those authorities.

 

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

 

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

 

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

 

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

 

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

 

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:        NIL

 

Integrated Development:                          NO

 

 

 


Signed on behalf of Consent Authority

 

 

 

 

Signature: ....................................................................

 

Name:           Anthony Brandie

                     SENIOR HEALTH & BUILDING SURVEYOR

 

Date:              29 September 2017

 

Consent Authority:           Nambucca Shire Council

 


Ordinary Council Meeting - 12 October 2017

Development Application DA2017/196 - Additions to dwelling (covered deck), additions to secondary dwelling (covered deck), use of carport and bedroom

 




 


 


Ordinary Council Meeting                                                                                               12 October 2017

General Manager's Report

ITEM 9.14    SF2293            121017         Development Applications greater than 12 months or where submissions received -  to 3 October 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.

 

 

Recommendation:

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 3 October 2017 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

Thirty-seven submissions have been received within the specified notification period – thirty-four oppose the proposal, one does not object but offers an alternative site and two support the proposal.

 

·           Proposed development is unsightly and will spoil the bushland views and visual amenity

·           It will threaten existing native fauna and impact habitat of native fauna – comprehensive impact study required

·           Concerned about electromagnetic energy impacts on nearby residents and the school

·           No evidence that the local community will benefit from it

·           Exceeds height limit for site – tower is much too high – over 20m above the tree line

·           In Acid Sulphate Soils Class 2 area

·           Located in an area of “threatened Remnant Coastal Wetland” and the site floods

·           This would be better situated on the other side of Scotts Head Road

·           More suitable sites should be investigated

·           Could be bad for people’s health

·           Properties will be devalued

·           If a red light is placed on top of the tower, residents should receive compensation or blinds to reduce the impact

·           Too close to the school, the oval, yarning circle and adjoining residences

·           Low-lying site will not provide for optimal effectiveness of the tower

·           Will have a detrimental impact on lifestyle and tourism for Scotts Head

·           Does not comply with relevant planning principles set by the NSW Land & Environment Court, including impacts on neighbouring properties, including amenity, reasonableness, loss of reasonable development potential and poor design

·           Does not comply with Visual Impact Minimization principles as provided within the NSW Telecommunications Facility Guideline as it does not respond appropriately to its rural landscape setting

·           Exact location of tower not clear from information provided

·           Proposal is not visually aesthetic – too close to neighbouring residences

·           Too much vegetation will need to be cleared.

·           Not required as homes with broadband internet can make and receive calls using the NBN

·           A visual montage should be provided by the applicant

·           Council should conduct a site visit

·           Causing stress and anxiety in the local community

·           Would like it to be considered at a public council meeting

·           Could pose a catastrophic risk to residents in the event of a bushfire

·           More property owners should have been notified and the local community consulted with more thoroughly

·           Appears to be a cost savings exercise by Optus

·           Area is of significance to the Gumbaynggirr people

·           Should be a more suitable colour to blend in with the surrounding landscape

·           Does not comply with Clause 5.5 objectives of the Nambucca Local Environmental Plan 2010 – Coastal Policy

·           Owner of Lot 106 DP 251748 would be happy to have the tower on their property and believes this would have less of an impact as it would be close to main power transmission lines

·           The tower will provide better reception for Scotts Head which is important in emergency situations

·           Mobile phone reception is now an essential service and many parts of Scotts Head do not have mobile phone coverage

 

STATUS: Being assessed- waiting for flora and fauna report and SEPP 44 Koala Habitat Protection report – expected to be received by early to mid-October.  To be reported to Council and with Council to also undertake a site inspection.

 

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                               12 October 2017

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2226            121017         Amended Debt Recovery Policy

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

The Draft Debt Recovery Policy has been on public display for the required period and no submissions have been received.

 

Council’s Finance Officer Revenue has recommended minor changes to Council’s Debt Recovery policy.   The changes relate to outstanding standing debtor charges and not amounts that appear on the Rates Notice. The changes reflect existing practice for short payment at Council’s Waste Management Depot and replace an interest charge for late payment with a flat fee.

 

 

Recommendation:

 

1        That Council adopt the Draft Debt Recovery Policy (TRIM 31183/2017).

 

2        That the Policy Register and website be updated accordingly.

 

 

OPTIONS:

 

Council can adopt the draft Debt Recovery Policy as attached or amend as it sees fit.

 

DISCUSSION:

 

Council’s Finance Officer Revenue has recommended minor changes to Council’s Debt Recovery policy to:

 

a)  Reflect existing practice for short payment at Council’s Waste Management Depot.

 

These changes relate to short payment at the weighbridge.  These typically occur if a customer presents without a means to make a card payment.  It occurs infrequently.

 

Specific Changes are:

 

4.3.12

 

Recovery of monies short paid at Waste Facility:

 

Once invoice is generated from the weighbridge transaction and client is unable to pay in full at the time, staff are to obtain personal details eg, vehicle registration, name, address, phone number. If details are not provided by client, Finance staff will request a vehicle registration check from the Ranger. A letter to be sent to client requesting payment within seven (7) days and stating that failure to do so will result in access to the Waste Facility being denied and may result in a Penalty Infringement Notice of $110 under the Local Government Act 1993, section 632, being issued. A list of offending vehicle registrations to be kept by Waste Facility staff to limit re-offending.

 

Vehicles not returning over Weighbridge after disposing of material – Waste Facility staff will provide the vehicle description and registration, time and date details to Finance staff who will request a registration check from the Ranger. A letter will be sent requesting the vehicle return to the Waste Facility within 7 days to be weighed and fees paid and stating failure to do so will result in access to the Waste Facility being denied and may result in a Penalty Infringement Notice of $110 under the Local Government Act 1993, section 632, being issued.

 

b)  To replace an interest charge for late payment with a flat fee.  This is for ease of administration and to prevent small rolling outstanding balances generated by interest charged between when the statement was sent and when payment is made.

 

The late fee is already listed in the Revenue Policy (Fees and Charges) and is set at $5 per month for the current year.  It is simply to cover additional administration and to motivate timely payment.  In some cases the Draft Policy says the fee may be applied; this is to give Officers a chance to issue a warning for a first offence. The interest charge it replaces was set at 8% per annum calculated on daily balances. 

 

Specific Changes are

 

For Sundry Debtors

4.3.2 A late fee can be applied to accounts exceeding 60 days (unpaid)

 

For Waste Facility Monthly Accounts

4.3.11 A late fee will be applied to accounts exceeding 60 days (unpaid)

 

For Conveyancing Debtor Accounts

     4.3.13 a late fee will be applied for any accounts with amounts exceeding 60 days (unpaid)

 

A copy of the draft amended policy is attached.  Changes contained in the proposed policy are underlined.

 

 

CONSULTATION:

 

There has been consultation with Council’s Finance - Revenue Officers.

 

 

SUSTAINABILITY ASSESSMENT:

 

There are no significant sustainability implications or risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Given the community’s means, in general terms the Council performs very well in its debt recovery activity. 

 

This is achieved by the consistent application of policy, an effective debt recovery agency as well as persistent staff.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no change to service levels.

 

Attachments:

1

31183/2017 - Draft Debt Recovery Aug 2017

 

  


Ordinary Council Meeting - 12 October 2017

Amended Debt Recovery Policy

 

 

 

Description: nambucca valley nsc

 

 

 

NAMBUCCA SHIRE COUNCIL

 POLICY

DRAFT DEBT RECOVERY- RECOVERY OF RATES

 

 

 

Responsibility: CORPORATE SERVICES

 

 

Adopted: 11 September 2014     

Reviewed by Council: 16 September 2004

Reviewed by General Manager:14 September 2007

Reviewed by Council: 20 October 2010

Amended by General Manager 4 April 2012

Amended by Rates Officer (29 August 2014)

(Trim 25974/2014)

Amended by Finance Assistant (19 June 2017)

 

 

 

1.0     Policy objective

 

To ensure the prompt recovery of all amounts due to Council.

 

2.0     Related legislation

Local Government Act 1993 and Local Government Regulation 2005

 

3.0       Definitions

 

 

4.0     Policy statement

 

That appropriate action be taken on a regular basis and in a consistent manner for the recovery of rates and charges, including sundry debtors, to ensure collections in any one year are a minimum of 90% recovery of amounts due.

 

4.1     Recovery of Rates

4.1.1  603 Certificate are issued upon Request

4.1.2  New owners letters are sent following land transfers.

4.1.3    The Full Rate Notice is produced and mailed in July each year. This detail all rates and charges raised, any arrears or credits carried forward and any rebates granted, the four instalments and their due dates and various methods for payment.

Those ratepayers electing to pay by instalments will also receive Instalment Notices approximately 30 days prior to the due date of the instalment. These instalment notices will include any arrears and accrued interest and therefore act as a ‘reminder’.

4.1.4    Ratepayers may make suitable arrangements for regular payments (weekly, fortnightly or monthly) of overdue or outstanding rates. Such payments will be monitored on a regular basis and contact may be made if payments are missed, preferably by phone or email.

            Assessments with overdue rates equal to or greater than two instalments with an overdue amount of more than $1,000.00 (unless they have made and maintained an arrangement)  will be referred to an credit collection agent for the issue of a Letter of Demand. There is no ‘legal’ costs to the ratepayer associated with the Letter of Demand.

4.1.5    A Statement of Liquidated Claim (SOLC) will be served on those ratepayers not responding the the Letter of Demand within the stipulated time. (SOLC will be issued by credit collection agent only upon Councils instructions) All costs involved with the issue, filing and service of the SOLC will be on-charged to the ratepayer’s rate assessment.


2

DEBT RECOVERY POLICY continued

 

4.1.6    Suitable arrangements for payment after service of the SOLC will still be accepted, but must be strictly maintained. Further action on a SOLC can be taken within 9 months from date of service should the debtor defaults on payment arrangements.

4.1.7    Notice of Motion Default Judgment for Liquidated Claim will be issued after twenty eight (28) days plus four (4) days of court mail, if there is no response to the SOLC. Entry of Default Judgment will affect credit rating. A Judgment debt remains enforceable for twelve (12) years.

4.1.8    Legal action will continue with a range of options, namely, Writ of Execution, Examination Notice, Examination Order, Garnishee of Wages or Bank Account and Rents for Rates where the subject property is leased or rented.

All costs involved with these applications will be on-charged to the ratepayer’s rate assessment.

4.1.9    Debt recovery staff is able to exercise option to withhold action on a Writ, and also to reactivate a writ anytime within six (6) months of the date of issue.

4.1.10  In the instance of the issue of a Garnishee Order, if the employer fails to comply, and Council can establish payment was made to the ratepayer(s), appropriate legal action can be instigated against the employer for recovery of the debt.

4.1.11  Council, pursuant to the provisions of Section 713 of the Local Government Act can instigate the sale of land for overdue rates and charges.

4.1.12  Rates assessments that are to the point of selling for unpaid rates will be subject to approval by the Council in each circumstance.

4.1.13  All cost associated with the sale process such as advertising, postage title searches(required to verify ownership and details of Mortgagees or other registered interests), Real Estate Agent, Auctioneer Council and Solicitor, will be recovered from the sale proceeds in accordance with Section 718 of the Local Government Act.

4.1.14  If letters are forwarded to tenants under Local Government Act 1993 Sect. 569 –“Rent for Rates”- and Council can establish receipt of such letter, (letter served by staff or ordinance officer or forwarded by registered post), legal action will be commenced against the tenants if they do not respond as instructed.

4.1.15  Returned Mail: Every effort is to be made to locate the property owner and if unsuccessful an Alert Memo will be created in the Name and Address Register. This will alert all office users of returned mail.

 

 

4.2       Recovery of Water Usage Charges

4.2.1    Final Notice/Reminder is sent out on all six monthly accounts over $5.00, still outstanding after the due date has expired and no special arrangements entered. Fourteen (14) days is given to finalise payment or to make arrangements to pay.

4.2.2    Arrangements for payment after issue of a Final Notice will only be accepted via weekly/fortnightly periodical payments through CentrePay or a Financial Institution direct to Council’s account. Such payments are to be monitored on a regular basis and if not received, contact is to be made, preferably by phone or an arrangement default letter, requesting re-commencement of arrangement, advising Council’s daily interest charges and restriction of water flow if arrangements are not honored immediately.

4.2.3    Non payment of accounts, failure to re-commence payment arrangements or failure to increase payments to an amount that will have outstanding balances paid within a suitable timeframe will result in the issuance of a Notice of Intention to Restrict to restrict the water flow to property. Tenants of properties are also to be notified of this intention. Seven (7) days is given to either finalise payment or to make an arrangement with the owner/agent to pay.

4.2.4    Authority has been delegated to the General Manager, Assistant General Manager Corporate Services, Manager Financial Services, Rates Officer and Rates Assistant to approve the restriction of the water supply to property that have ignored the Notice of Intention to Restrict. The Local Government (General) Regulation 2005, Clause 144 provides Council with the power to take such action.

3

DEBT RECOVERY POLICY continued

 

4.2.5    Flow restrictors only to be fitted to properties with an amount outstanding in excess of $100.00. All steps are to be taken by Council’s officer to collect this debt prior to installation of the device. If premises are unoccupied on day nominated for installation, a signed letter is left for the occupier and the restrictor is fitted.

4.2.6    After such device is fitted Council will charge a “Water Restrictor Removal Fee” as adopted in Council’s Revenue Policy, to remove the device and restore the normal flow of water to the premises.

4.2.7    Restrictors will only be removed after full payment of account including removal fee or a suitable arrangement has been entered into.

4.2.8    If, after flow restrictor is fitted, no contact is made, Council will then commence legal action, as outlined in the Recovery of Rates, to recover the monies owed if this is deemed an economical course of action by a delegated officer.

4.2.9    As per the Local Government (General) Regulation 2005, Clause 144 also provides Council with the power to cut off the supply of water to premises because water rates or charges for the property are unpaid.

4.2.10  In the case of Council’s ‘monthly’ water account users, once the accounts are in arrears for two (2) months, the action is as for six (6) monthly accounts.

4.2.11  Returned Water Usage Notice: Returned Mail: Every effort is to be made to locate the property owner and if unsuccessful an Alert Memo will be created in the Names and Address Register. This will alert all office users of returned mail.

 

4.3       Recovery of other Outstanding amounts including Sundry Debtors/Account Receivable

 

4.3.1    A detailed monthly statement is issued on all accounts. Thirty days is given for settlement of account and if this is not possible by due date, a suitable offer to make weekly/fortnightly payment arrangements will be accepted.

4.3.2    If the account remains unpaid the next monthly statement will have the aging band on the bottom of the statement will be highlighted. A late fee can be applied to accounts exceeding 60 days . A Letter of Demand will to be sent to debtors whose account remains unpaid after 90 days.

4.3.3    Statement of Liquidated Claim issued to debtor with accounts more than 90+ days and amount greater than $1000. All costs involved with the issue and filing of the Statement of Claim (summons) to be recovered.

4.3.4    Arrangements for payment after service of summons will only be accepted if via a Court Instalment Order or weekly/fortnightly periodical payments through CentrePay or a Financial Institution direct to Council’s account. Such payments are to be monitored on a regular basis and if not received, legal recovery action will proceed.

4.3.5    Notice of Motion Default Judgment for Liquidated Claim issued after twenty eight   (28) days plus four (4) days of court mail, if summons is ignored. (affects credit rating) A Judgment debt remains enforceable for twelve (12) years.

4.3.6  Legal action continued immediately with appropriate action, being

Writ of Execution, Examination Order, Garnishee or Wages or Bank Account.

All costs involved with these applications are to be recovered where allowed.

4.3.7    Delegated staff are able to exercise option to withhold action on a Writ, and also to reactivate a writ anytime within six (6) months of the date of issue.

4.3.8    In the instance of the issue of a Garnishee Order, if the employer fails to comply, and Council can establish payment was made to the ratepayer(s), appropriate legal action be instigated against the employer for recovery of the debt.

4.3.9    In the event that the account outstanding is less that $1000.00, follow-up action through telephone contact, emails and letters.

 

4

DEBT RECOVERY POLICY continued______________________________________________

 

 

4.3.10  In the event that a debt if considered unrecoverable, refer to the General Manager’s Delegations of Authority as at 13 January 2014 (Trim 898/2014) – (Finance – Writing off debts).

 

4.3.11  Debt recovery for Category 6 Waste Facility monthly accounts - Application to establish a credit account is signed by debtor prior to approval and opening account. Trim 5626/2010 This is strictly a 30 day account.  If debtor has an amount outstanding greater than 60 days on their monthly statement, a late fee will be applied and a Final Payment Notice letter  issued requesting payment within 14 days or suitable arrangements. If no response by due date a Suspension of Waste Facility Account letter is issued suspending account until payment is made in full. Suspension is advised to Waste Management Officer and Waste Facility staff and  noted in the Weigh Bridge software  to alert staff.    Once debtors account is back in order, use of monthly account will be reactivated but should arrears occur more than three (3) times the Monthly Credit account will be cancelled.

            Please refer to points 4.3.3 should outstanding balance exceed $1,000.00

 

4.3.12 Recovery of monies short paid at Waste Facility: Once Invoice is generated from the weighbridge transaction and client is unable to pay in full at the time, staff is to obtain personal details eg, vehicle registration, name, address, phone number. If details are not provided by client Finance staff will request a vehicle registration check from the  Ranger. A letter to be sent to client requesting payment within seven (7) days and stating that failure to do so will result in access to the Waste Facility being denied and may result in a Penalty Infringement Notice of $110 under the Local Government Act 1993, section 632, being issued. List of offending vehicle registrations to be kept by Waste Facility staff to limit re-offending.

            Vehicles not returning over Weighbridge after disposing of material – Waste Facility staff will provide the vehicle description and registration, time and date details to Finance staff who will request a registration check from the Ranger. A letter will be sent requesting the vehicle return to the Waste Facility with 7 days to be weighed and fees paid and stating failure to do so will result in access to the Waste Facility being denied and may result in a Penalty Infringement Notice of $110 under the Local Government Act 1993, section 632, being issued. List of offending vehicle registrations to be kept by Waste Facility staff to limit re-offending.

 

  

4.3.13  Debt recovery for Category 42 Conveyancing Debtors account - Application to establish a credit account is signed by debtor prior to approval and opening account. Trim 20388/2014. Strictly 30 day account and a late fee will be applied to any accounts with  amounts exceeding 60 days, as  noted in the application. If debtor has an amount outstanding greater than 30 days on their monthly statement a Final Payment Notice letter is issued requesting payment within 14 days or suitable arrangements. If no response use of the credit account will be cancelled.

Please refer to points 4.3.3 should outstanding balance exceed $1,000.00.

 

            Council maintain collections to achieve a minimum 90% recovery of amount due in any one year.

 

 

 

 


Ordinary Council Meeting                                                                                               12 October 2017

Assistant General Manager Corporate Services Report

ITEM 10.2    SF1031            121017         Documents for Public Comment

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

Council has been placing any document presented to Council that could be deemed a policy on exhibition for public comment. In the vast majority no comment has been received.  There is no overriding legal requirement that anything which is described as a policy has to be advertised and process costs time and money.

 

It is recommended that any report to Council regarding a policy document include a specific recommendation relating to exhibition for public consultation and that the recommendation be based upon probable public interest and any statutory requirement.  The ultimate decision as to whether to put a document on exhibition will of course rest with Council.

 

 

Recommendation:

 

That as a matter of procedure any future report to Council regarding a policy document include a specific recommendation relating to exhibition for public consultation and that the recommendation be based upon probable public interest and any statutory requirement. 

 

 

OPTIONS:

 

It is not intended to create a “policy about policies” just seek some procedural clarification.  Any variation on when to seek public submissions on a policy related document is a valid option.

 

 

DISCUSSION:

 

Council’s current practice of placing any document presented to Council that could be deemed a policy on exhibition for public comment is quite above and beyond any legal requirement.  The delay and expense seems hard to justify if that matter is procedural in nature and especially if there is little real choice.  In the vast majority of cases no public submissions are received.  This report seeks to find an improved balance between exhibiting every policy related document and identifying those of genuine public interest on which to seek opinion. 

 

There are those documents with legislative requirements for public exhibition which will always be advertised for comment, there are documents which should be advised on the basis that Council supports “grass roots” participative democracy, and there are those documents that are more procedural in natural such as implementation of changed reporting requirements. 

 

It is recommended that reports recommending the draft policy to Council identify which category the policy document falls and specifically recommends whether the policy be exhibited for public comment.  Council will ultimately have the power to endorse or alter this recommendation.  Examples of this type of recommendation are:

 

·      “This policy has to be displayed for public comment (quote legal reference)”; or

·      “This policy is of public interest and it is intended it be displayed for public comment before being adopted by Council”; or

·      “This policy relates to the administration of the Council and deals with operational matters, while Council’s endorsement is respectfully sought, it is not intended to display the policy for public comment”; or

·      “This Policy decision relates to operational matters and has been decided under delegated authority and provided to Council for their information only.  It is not intended to display the policy for public comment.”

 

 

CONSULTATION:

 

Michael Coulter - General Manager

Paul Gallagher - Assistant General Manager Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Council formally adopts policies that impact all areas of operations.

 

 

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

 

Minor changes to the allocation of resources, possible savings on advertising, staff time and fewer policies would have to be considered by Council for a second time.  In certain circumstances it will also mean that there is no delay in implementing the policy.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               12 October 2017

Corporate Services

ITEM 10.3    SF251              121017         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.  Meetings in Valla Beach or Valla Rural and Burrapine have been scheduled for October and November 2017.

 

 

Recommendation:

 

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

 

MEETING

DATE

VENUE

COMMENCING

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 Centre Hall

  5.30 PM

NSW Rural Fire Service SLA Meeting

8 November

NEOC Building

  9.00 AM

Clean Energy Committee

8 November

Council Chambers

10.30 AM

Vehicular Access to Beaches Committee

10 November

Council Chambers

  1.30 PM

Audit & Risk Improvement Committee

16 November

Council Chambers

10.00 AM

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

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                               12 October 2017

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1575            121017         Asset Managment Plans for Bridges, Water Supply and Sewerage Services

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

In accordance with past practice, it is intended to place the Asset Management Plans (AMP’s) on public exhibition and have Council formally endorse the documents via a Council resolution.

 

Council use the IPWEA NAMS (National Asset Management Strategy) template for the development of the AMP’s and Councillors will receive a briefing on the AMP’s summarising each AMP prior to the Council meeting.

 

The three Asset Management Plans were provided to Councillors on Wednesday 4 October via the iPad.

 

 

Recommendation:

 

1        That Council receive and note the presentation on the Asset Management Plans for Bridge and bridge size culverts, Water supply and Sewerage services.

 

2        That Council place the Asset Management Plans for Bridges, Water Supply and Sewerage Services on public exhibition, and receive a further report following the completion of the public exhibition

 

 

OPTIONS:

 

No other options have been considered

 

DISCUSSION:

 

This asset management plan details information about infrastructure assets including actions required to provide an agreed level of service in the most cost effective manner while outlining associated risks. The plan defines the services to be provided, how the services are provided and what funds are required to provide the services over a 20-year planning period. The plans being presented covers the infrastructure assets of water, sewage and bridges.

 

Council’s goal in managing infrastructure assets is to meet the defined level of service (as amended from time to time) in the most cost effective manner for the present and future. The key elements of infrastructure asset management are:

 

·      Providing a defined level of service and monitoring performance,

·      Managing the impact of growth through demand management and infrastructure investment,

·      Taking a lifecycle approach to developing cost-effective management strategies for the long-term that meet the defined level of service,

·      Identifying, assessing and appropriately controlling risks, and

·      Linking to a long-term financial plan which identifies required, affordable expenditure and how it will be allocated.

 

The key points within the plans are:

 

Levels of Service

 

Service levels are defined service levels in two terms as, customer levels of service and technical levels of service.

 

Customer Levels of Service measure how the customer receives the service and whether value to the customer is provided. Customer levels of service measures used in the asset management plan are:

 

Quality                    How good is the service … what is the condition or quality of the service?

Function                 Is it suitable for its intended purpose …. Is it the right service?

Capacity/Use Is the service over or under used … do we need more or less of these          assets?

 

Technical Levels of Service - Supporting the customer service levels are operational or technical measures of performance. These technical measures relate to the allocation of resources to service activities to best achieve the desired customer outcomes and demonstrate effective performance

 

Operations –           the regular activities to provide services (e.g. chemical dosing, water quality monitoring, infrastructure inspections / condition assessments, energy, monitoring pumping times etc.

 

Maintenance –         the activities necessary to retain an asset as near as practicable to an appropriate service condition. Maintenance activities enable an asset to provide service for its planned life (e.g. pump maintenance and water main flushing).

 

Renewal –                         the activities that return the service capability of an asset up to that which it had originally (e.g. pump renewal, pipeline replacement and test equipment renewal).

 

Upgrade/New –        the activities to provide a higher level of service (e.g. telemetry, new pressure reduction valves) or a new service that did not exist previously (e.g. new subdivision water mains or upgrading the size of existing mains).

 

Financial summary

 

Funding for assets is provided from the budget and long term financial plan, resulting from all the information presented within the asset management plan. The financial strategy of the entity determines how funding will be provided, whereas the asset management plan communicates how and when this will be spent, along with the service and risk consequences of differing options. The financial projections will be improved as further information becomes available on desired levels of service and current and projected future asset performance.

 

Council completed a detailed valuation of water and sewerage assets for auditing at the end of the 2016/17 financial year. This information has been used to formulate the AMP and will also form part of the IWCM presently in progress.

 

Risk Management

 

An assessment of risks associated with service delivery from infrastructure assets has identified critical risks that will result in loss or reduction in service from infrastructure assets or a ‘financial shock’. The risk assessment process identifies credible risks, the likelihood of the risk event occurring, the consequences should the event occur, develops a risk rating, evaluates the risk and develops a risk treatment plan for non-acceptable risks.

 

Future demand

 

The infrastructure reality is that only what is funded in the long term financial plan can be provided. The emphasis of the Asset Management Plan is to communicate the consequences that this will have on the service provided and risks, so that decision making is “informed”.

 

The Valla growth area and the new hospital site have been included in the water and sewer AMP’s.

 


 

CONSULTATION:

 

Asset Management Steering Group

MANEX

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are environmental implications associated with this report with respect to levels of service and acceptable risk outlined in the AM Plans.

 

Social

 

There are social implications associated with this report with respect to levels of service and acceptable risk outlined in the AM Plans.

 

Economic

 

There are economic implications associated with this report with respect to levels of service and acceptable risk outlined in the AM Plans.

 

Risk

 

There are risk implications associated with this report with respect to levels of service and acceptable risk outlined in the AM Plans.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no implications to the budget associated with this report.  It is worthy to note that the AMPs reflect the long term financial plan adopted by Council.

 

Source of fund and any variance to working funds

 

There are no implications or variations associated with this report. The AMPs reflect the long term financial plan adopted by Council.

 

Service level changes and resourcing/staff implications

 

There are no proposed service levels changes associated with this report for water and sewerage. Council has adopted a service level for bridges with respect to considering single lane bridges where appropriate and the recent change from timber to concrete structures.

 

All work is undertaken within current staff resources within the Assets team.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               12 October 2017

Assistant General Manager Engineering Services Report

ITEM 11.2    T009/2017        121017         Tender T009/2017 Mowing and Slashing Rural Roadsides 2017 - 2020

 

AUTHOR/ENQUIRIES:    Matthew Leibrandt, Manager Infrastructure Services         

 

Summary:

 

In accordance with Council’s tendering and procurement procedures, the General Manager gave approval to proceed to tender under delegated authority.

 

The tender closed on Thursday 17 August 2017.  Tender submissions were received from the following:

 

1        Hoopers Bobcat Hire

2        J L & D M Welsh Pty Ltd T/As Country Road Mowing

3        Australian Environmental Services Pty Ltd

 

NOTE: This matter requires a “Tender Decision” meaning a decision made in the exercise of a function of the Council and requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

1        That Council accept the tender submitted by Australian Environmental Services Pty Ltd for T009/2017 – Mowing and Slashing of Rural Sealed Roadsides for a three (3) year period commencing 1 October 2017 and terminating on 30 September 2020.

 

2        That Council update the Contract Register.

 

For the motion:               Councillors

                                      (Total )

 

Against the motion:         Councillors

                                      (Total )

 

 

OPTIONS:

 

1        Accept the recommendation.

 

2        Not accept the recommendation.

 

 

DISCUSSION:

 

The submissions were evaluated using the assessment criteria and weightings in the confidential report together with the evaluation summary detailing name, price and comments. 

 

The tender with the highest weighted score has been recommended. 

 

The recommended contractor presently holds the current contract and is meeting the required specification standards.  It is estimated that eight (8) full services will be required per year.

 

In this tender the contractors will be required to supply a “bump vehicle” (a utility with a message board advising of work ahead) on nominated roads with higher traffic volumes, crest or curves with limited sight distance to mitigate risk.

 

 

CONSULTATION:

 

·           Green Space Coordinator

·           Assistant General Manager - Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues as a result of this report, the mowing and slashing maintenance is limited to the shoulder of the road pavement. The slashing is in accordance with Council’s policy of single width and dual width where applicable on crests and curves and fence to fence at the entrance to Taylors Arm.

 

Social

 

Mowing of roadsides improves visual impact and road safety. There are potential social impacts emanating from a motor vehicle accident.

 

Economic

 

There are no economic issues as a result of this report.

 

Risk

 

There is a risk to Council if maintenance is not performed on the shoulders. Long grass along roadsides presents a safety hazard to vehicles and wildlife.  The slashing is in accordance with Council’s policy of single width and dual width where applicable on crests and curves and fence to fence at the entrance to Taylors Arm.

 

There is also a long term risk of damage to the pavement if the shoulders are not maintained with water ponding and unable to escape into the table drains.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funds are included in the 2017/2018 budget in the road maintenance allocations.

 

Source of fund and any variance to working funds

 

There are no variations to the budget expected. The contract rates allows up to eight services per year.

 

Attachments:

There are no attachments for this report.