Cr Rhonda Hoban (Mayor) |
Cr John Ainsworth |
Cr Martin Ballangarry OAM |
Cr Brian Finlayson |
Cr Susan Jenvey |
Cr David Jones |
Cr Janine Reed |
Cr Anne Smyth |
ALSO PRESENT
Michael Coulter (General Manager) |
Scott Norman (AGM Corporate Services) |
Paul Gallagher (AGM Engineering Services) |
Lorraine Hemsworth (Minute Secretary) |
APOLOGIES
Cr John Wilson |
|
Ms Yu-Wei Pan received her Australian Citizenship bestowed on her by the Mayor, Rhonda Hoban on behalf of the Minister for Immigration and Boarder Protection, the Hon Peter Dutton MP |
DISCLOSURE OF INTEREST
Mayor, Councillor Rhonda Hoban declared a non-pecuniary - less significant conflict of interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Hoban lives on a property with a rural zoning.
Councillor Janine Reed declared a non-pecuniary - less significant conflict of interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Reed is a part owner of land in rural area/zone.
Councillor John Ainsworth declared a non-pecuniary - less significant conflict of interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Ainsworth owns rural land in the Shire.
Councillor Susan Jenvey declared a non-pecuniary - less significant conflict of interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Jenvey owns a family share in a 43 ha farm in RU1 zone. She has 10ha of land under intensive horticulture. All her plantings are well within rural buffer zones and could still plant more and be within rural buffer zones. Cr Jenvey has not used chemical sprays for 4 or 5 years. Cr Jenvey has no intentions of increasing the plantings as she has and prefers off farm income.
Councillor Brian Finlayson declared a pecuniary interest in Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Finlayson and his partner have entered into arrangements for the lease of jointly owned property for the purpose of blueberry production. Cr Finlayson left the meeting for this item.
Councillor Brian Finlayson declared a pecuniary interest in Item 9.9 Short Term Holiday Lettings under the Local Government Act as Cr Finlayson and his partner own and are acquiring rental properties in Nambucca Heads. Cr Finlayson left the meeting for this item.
Councillor Janine Reed declared a non-pecuniary - less significant conflict of interest in Item 9.11 Results of Re-exhibition of proposed Tree Species for the Macksville Town Centre Revitalisation under the Local Government Act as Cr Reed’s sister has been involved in this process.
CONFIRMATION OF MINUTES - Ordinary Council Meeting
SUBJECT: CONFIRMATION OF MINUTES - Ordinary Council Meeting 28 September 2017 |
500/17 Resolved: (Reed/Finlayson)
That the minutes of the Ordinary Council Meeting of 28 September 2017 be confirmed. |
RECOMMENDATION:
That the following delegations be heard:
i Peter Gill and Graham Jones - Council management of Jones Park, Valla Beach ii Stephen McEvoy on behalf of Arakoon Homes (Builders) Pty Ltd – ITEM 9.10 DA2016/010 Review of Section 64 and 94 Development Contributions – not in attendance. iii Stephen Spear ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Against the recommendation. iv Gurmesh Singh on behalf of Australian Blueberry Growers Association ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Against the recommendation. v Geoff Goesch ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – For the recommendation. vi Marc Percival - ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – For the recommendation. |
PUBLIC FORUM
Mr Peter Gill and Mr Graham Jones addressed Council on the management of Jones Park, Valla Beach and provided a written copy of their notes to Council (TRIM 39069/2017).
PRF5 121017 Jones Park Valla Beach |
501/17 Resolved: (Jones/Ballangarry)
That a report on Jones Park, Valla Beach be received by Council and an onsite Council inspection be arranged. |
Councillor Brian Finlayson left the meeting before the commencement of this item, the time being 5:59 PM
DELEGATIONS continued:
ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Stephen Spear - Against the recommendation.
Submission provided to Council.
ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Gurmesh Singh on behalf of Australian Blueberry Growers Association – Against the recommendation. Copy of letter provided to Council (TRIM 39146/2017).
ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Geoff Goesch – For the recommendation.
· R5 – Rural Village estate and able to be subdivided
· If blueberry farm started buffer zone not enough for spray drift
· Requirement for Development Application
· Lots of chemicals used on blueberries
· R5 designed for subdivision
ITEM 9.3 Quorum for Planning Proposal to Regulate Horticulture – Marc Percival – For the recommendation.
· Land values – concerned about affect on land values
· Places for the blueberry and farms in the Valley
· People purchase rural land and then later feel threatened by agriculture
· LEP needs to be involved
· Community unity involved in a common consensus for management of farms
· Round Up has been banned in some overseas countries but still used in Australia
· Need for management and costings
· Pesticide use is regulated
SF2381 121017 Bring Forward Quorum for Planning Proposal to Regulate Horticulture |
502/17 Resolved: (Ainsworth/Reed)
That Item 9.3 Quorum for Planning Proposal to Regulate Horticulture be brought forward. |
ITEM 9.3 SF2381 121017 Quorum for Planning Proposal to Regulate Horticulture |
That the Quorum for Planning Proposal to Regulate Horticulture be deferred until a full Council is present.
The Motion was Lost.
MOTION: (Jones/Jenvey)
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.
For the Motion: Councillors Ballangarry, Jenvey, Jones, Smyth (Total 4 )
Against the Motion: Councillors Hoban, Ainsworth, Reed (Total 3)
Amendment: (Ainsworth/Reed)
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 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
A Must be separated from other land uses in accordance with the following rural buffer zones:
(i) Boundaries with other R5 zoned land - 200m; (ii) Boundaries in other residential or business zones – 300m; (iii) Boundaries Education facilities and Pre-schools – 200m; and (iv) Boundaries Tourist and Visitor Accommodation – 200m.
B Ancillary buildings must comply with the exempt development requirements and standards contained within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
C Ancillary bird netting can be of any area providing the netting colour is black.
2 That as requested by the NSW Department of Primary Industries (DPI) Council not amend the NLEP in relation to Horticulture in the RU1 and RU2 zones in light of the Blueberry Code of Conduct currently being developed by the Blueberry Interagency Working Group and the Australian Blueberry Growers Association (AGBA) with the support of DPI to address rural land use conflict.
3 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.
4 That if the Minister determines that the matter should proceed, Council staff undertake community consultation in accordance with section 57 of the Environmental Planning and Assessment Act 1979 and any requirements specified by the Minister.
5 Following community consultation, Council staff report the planning proposal back to Council for consideration of any submissions received and a final decision as to whether Council will proceed to make the planning proposal to support an amendment to NLEP 2010.
For the amendment: Councillors Ainsworth, Reed, Hoban (Total 3 )
Against the amendment: Councillors Jones, Ballangarry, Jenvey, Smyth (Total 4)
The amendment was lost.
503/17 Resolved: (Jones/Jenvey)
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
(6) Must be located on land within the RU1 Primary Production or RU2 Rural Landscape Zones. (7) 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. (8) The provisions of subclause 2 do not apply to horticulture developments which do not spray pesticides. (9) Ancillary buildings must comply with the exempt development requirements and standards contained within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. (10) 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.
For the Motion: Councillors Ballangarry, Jenvey, Jones, Smyth (Total 4 )
Against the Motion: Councillors Hoban, Ainsworth, Reed (Total 3)
Cr Hoban, Cr Ainsworth and Cr Reed requested that their votes be recorded against the resolution as they don’t support requiring a development consent for primary production when it is an objective of the RU1 and RU2 zones. |
Councillor Brian Finlayson returned to the meeting at the completion of this item, the time being 7:17 PM
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
504/17 RESOLVED: (Ainsworth/Reed)
That the list of outstanding actions and reports be noted and received for information by Council. |
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.
506/17 Resolved: (Reed/Ainsworth)
4 That following the election, the Mayor declares Cr Martin Ballangarry OAM elected as Deputy Mayor for the term of office expiring in September 2018.
5 That the Division of Local Government be advised of the outcome of the election and Council’s website be updated. |
ITEM 9.3 was dealt with earlier in the meeting.
That the list of Advisory Committees as shown in the report as at the 12 October 2017 be deferred and be brought back to Council. |
Councillor Brian Finlayson left the meeting before the commencement of this item, the time being 7:59 PM
ITEM 9.9 SF669 121017 Short Term Holiday Letting in NSW Options Paper |
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.
Amendment (Reed/Smyth)
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 with the alteration of point (3) and point (4) as follows:
(3) A maximum of 2 adults per main bedroom or a maximum of two adults or four children in subsequent bedrooms subject to adequate fit out. Only those rooms approved as bedrooms are to be used for the purposes of this subclause.
(4) Point (4) be deleted.
For the amendment: Councillors Hoban, Ainsworth, Ballangarry, Jenvey, Jones, Reed, Smyth (Total 7)
Against the amendment: Councillors Nil (Total 0)
Amendment was carried and became the motion which was:
512/17 Resolved: (Reed/Smyth)
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 with the alteration of point (3) and point (4) as follows:
(3) A maximum of 2 adults per main bedroom or a maximum of two adults or four children in subsequent bedrooms subject to adequate fit out. Only those rooms approved as bedrooms are to be used for the purposes of this subclause.
(4) Point (4) be deleted.
For the motion: Councillors Hoban, Ainsworth, Ballangarry, Jenvey, Jones, Reed, Smyth (Total 7)
Against the motion: Councillors Nil (Total 0) |
Councillor Brian Finlayson returned to the meeting at the completion of this item, the time being 8.06 pm.
8.06 pm – 8.35 pm - The meeting adjourned.
Councillor Janine Reed left the meeting before the commencement of this item, the time being 8:36 PM
Councillor Janine Reed returned to the meeting at the completion of this item, the time being 8:48 PM
General Manager Report - LATE
Assistant General Manager Corporate Services Report
519/17 RESOLVED: (Ainsworth/Finlayson)
1 That Council adopt the Draft Debt Recovery Policy (TRIM 31183/2017).
2 That the Policy Register and website be updated accordingly. |
Assistant General Manager Engineering Services Report
CLOSURE
There being no further business the Mayor then closed the meeting the time being 9.06 pm.
Confirmed and signed by the Mayor on 26 October 2017.
Cr Rhonda Hoban
MAYOR
(CHAIRPERSON)