SHIRE COUNCIL
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Ordinary Council Meeting
AGENDA ITEMS
14 December 2017
Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.
Our Vision
Nambucca Valley ~ Living at its best.
Our Mission Statement
‘The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.’
Our Values in Delivery
· Effective leadership
· Strategic direction
· Sustainability of infrastructure and assets
· Community involvement and enhancement through partnerships with Council
· Enhancement and protection of the environment
· Maximising business and employment opportunities through promotion of economic development
· Addressing social and cultural needs of the community through partnerships and provision of facilities and services
· Actively pursuing resource sharing opportunities
Council Meetings: Overview and Proceedings
Council meetings are held on the last Thursday of each month AND on the Thursday two weeks before the Thursday meeting. Both meetings commence at 5.30 pm. Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).
How can a Member of the Public Speak at a Council Meeting?
1 Addressing Council with regard to an item on the meeting agenda:
Members of the public are welcome to attend meetings and address the Council. Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day. The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda. Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.
2 Public forum address regarding matters not on the meeting agenda:
Nambucca Shire Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values. Accordingly Council allows members of the public to address it on matters not listed in the agenda provided the request is received before publication of the agenda (registration to speak may be made by telephone or in person before 2.00 pm on a meeting day) and the subject of the address is disclosed and recorded on the agenda.
In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum. In particular the Council has to provide procedural fairness and consider all relevant information.
Generally this cannot be done with matters which have come direct to Council via the public forum. So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.
Where the subject matter concerns an on-going complaint which has been the subject of previous investigation by Council staff and/or external bodies such as the NSW Ombudsman, the General Manager in consultation with the Mayor will decide on whether or not the person will be allowed to speak in the public forum.
Speakers should address issues and refrain from making personal attacks or derogatory remarks. You must treat others with respect at all times.”
Meeting Agenda
These are available Council’s website: www.nambucca.nsw.gov.au
NAMBUCCA SHIRE COUNCIL
Ordinary Council Meeting - 14 December 2017
Inspection
3.00 PM – Depart Council’s Administration building for Scotts Head Optus Tower
Land Development Committee Meeting
4.30 PM – Council Chambers
Acknowledgement of Country (Mayor)
I would like to acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land. I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginal People present.
AGENDA Page
1 APOLOGIES
3 DISCLOSURE OF INTEREST
Ordinary Council Meeting - 30 November 2017.............................................................................. 6
5.1 Notice of Motion - Cr Anne Smyth - Request for leave of absence from 15 December 2017 to 17 January 2018.................................................................................................................. 21
6 PUBLIC FORUM
Paul Hoffman
Howard Game - From Optus
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.................................................................................... 22
9.2 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse............ 28
9.3 Announcement of Rate Cap of 2.3% for 2017/18.............................................................. 58
9.4 Modification of DA2006/143 14 Lot Subdivision at Treleaven Street, Hyland Park.............. 60
9.5 Development Applications greater than 12 months or where submissions received - to 6 December 2017.............................................................................................................................. 76
9.6 Report into Preference Counting in Local Government Elections in NSW........................... 78
9.7 Minutes of the Nambucca Shire Council Access Committee meetings held 28 November 2017 87
9.8 Development Application DA2017/179............................................................................. 91
9.9 2017 November - Approved Construction and Complying Development Certificates......... 342
9.10 2017 November - Development and Complying Development Applications Received....... 348
10 Assistant General Manager Corporate Services Report
10.1 Schedule of Council Public Meetings end 2017 and beginning of 2018............................ 352
10.2 Investment Report to 30 September 2017....................................................................... 353
10.3 Mary Boulton Pioneer Cottage and Museum Committee of Management - Annual General Meeting - 18 November 2017............................................................................................................ 358
10.4 Talarm Hall Committee of Management - Annual General Meeting - 16 November 2017..... 363
11 Assistant General Manager Engineering Services Report
11.1 Nambucca Shire Traffic Committee Meeting Minutes - 5 December 2017.......................... 369
11.2 2017-18 Capital Works Program Monthly Report............................................................. 404
DISCLOSURE OF INTEREST AT MEETINGS
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Pecuniary – must leave chamber, take no part in discussion and voting.
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Non Pecuniary – Significant Conflict – Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting. |
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Non-Pecuniary – Less Significant Conflict – Councillor/Member may choose to remain in Chamber and participate in discussion and voting. |
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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 30 November 2017
The following document is the minutes of the Ordinary Council meeting held 30 November 2017 held at the Burrapine Hall. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 14 December 2017 and therefore subject to change. Please refer to the minutes of 14 December 2017 for confirmation.
Cr Rhonda Hoban (Mayor) |
Cr John Ainsworth |
Cr Brian Finlayson |
Cr Susan Jenvey |
Cr David Jones – entered 5.36 pm |
Cr Janine Reed |
Cr Anne Smyth |
Cr John Wilson |
ALSO PRESENT
Michael Coulter (General Manager) |
Paul Gallagher (AGM Engineering Services) |
Lorraine Hemsworth (Minute Secretary) |
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APOLOGIES
Scott Norman (AGM Corporate Services) |
PRAYER
Captain Steve Dorman, Salvation Army, offered a prayer on behalf of the Nambucca Minister's Association.
CONFIRMATION OF MINUTES - Ordinary Council Meeting
SUBJECT: CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 November 2017 |
580/17 RESOLVED: (Wilson/Jenvey)
That the minutes of the Ordinary Council Meeting of 16 November 2017 be confirmed. |
NOTICE OF MOTION - CR Hoban
NOTICE OF MOTION - CR Hoban
NOTICE OF MOTION - CR Hoban
NOTICE OF MOTION - CR Hoban
RECOMMENDATION:
That the following delegations be heard:
i Jim Desmond Argues Bridge, Maintenance of Taylors Arm Road and telecommunications ii Sue Le Maistre State of Taylors Arm Road, Contractors for maintenance of Burrapine Hall iii Ian Turvey Taylors Arm Road iv John Vassallo President Taylors Arm Sports Reserve Committee of Management v Michael Krausmann Garbage concerns and Drainage
i Jim Desmond - Argues Bridge, maintenance of Taylors Arm Road and Telecommunications · Enquiring as to what is the program for Taylors Road maintenance and who do the residents contact regarding the bad condition of the road · Argues Bridge – trucks coming out of paddock next door are not able to use the bridge as they are up to 16 tonne. The School bus also traverses this – when is this bridge going to be replaced? · Telecommunications tower in Taylors Arm has been placed in gully which limits effectiveness · Requesting support from Council in lobbying for a telecommunications tower and placed closer to the Old Post Office site, Upper Taylors Arm · Require bigger booster
ii Sue Le Maistre - State of Taylors Arm Road, Contractors for maintenance of Burrapine Hall · Condition of Taylors Arm Road beyond Sheet O’Bark Road is poor · Council trucks and log trucks make a mess of the road · Suggest starting at top of the road and work down · 100km speed limit from Upper Taylors Arm Village to Thumb Creek should be limited to 80km · Council Contractors refuse to come to the hall to perform maintenance · Kitchen roof has been leaking for 10 years – has been fixed but still leaks · Garbage – voucher system does not work and needs to be some other way of providing a service · Is it too expensive to have a garbage collection to Burrapine area?
585/17 Resolved: (Reed/Ainsworth)
That Council explore further options for domestic waste removal from the Burrapine area.
586/17 Resolved: (Reed/Ainsworth)
That Council assist in a speed review from the Upper Taylors Arm Village to Thumb Creek and include Greenhills Road, Sundowner Road and Bakers Creek Road (within the Shire boundaries).
iv John Vassallo - President Taylors Arm Sports Reserve Committee of Management · Rural Fire Service shed damaged by truck and water pipes damaged · Plumbing contractor has not completed job and 20,000 litres of tank of water was lost · No water pressure to service toilets in the Reserve · Rain tank on side of shed and buckets to flush toilets and has been going on for 8 weeks · Meeting last week – dragging on a long time · Water tank is serviced by inground bore and prior to accident starting pumping mud · Would like bore fixed · Septic trenches leaking – tank pumped out · Trenches collapsed – don’t know what is happening · Up to 20 campers on Reserve over Long Weekend in October and Plan of Management states 8. · Campers were riding and driving across oval and were asked to stop. · Called the Council Call centre for the Ranger to assist and did not receive assistance · Septic trenches require fencing to preserve them · 587/17 Resolved: (Reed/Ainsworth)
That Council receive a report on the setup of the water and septic at the Taylors Arm Sports Reserve plus the other issues raised by Mr Vassalo.
· Plan of Management says the reserve needs to be fenced · Issue with placement of shade trees recently planted on the Reserve and additional softfall area.
v Michael Krausmann - Garbage concerns and Drainage · Garbage and road conditions as expressed previously
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7.05 pm – 7.20 pm – The meeting adjourned.
PRF44 Bring Forward Draft Master Plan for Thistle Park
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That Item 9.2 relating to the Draft Master Plan for Thistle Park be brought forward.
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1 Council finalise the Master Plan for Thistle Park with King and Campbell being instructed to:
a. reduce the floor area and cost of the proposed clubhouse by about 50% b. reduce the proposed tree planting in accordance with the suggestions from the Junior and Senior Cricket but still retaining sufficient trees to define the cricket field and provide adequate shade c. correct the spelling mistake re “Phillip Hughes Oval”.
2 Subject to the agreement of the Hughes’ family, that Council formally resolve to rename “Thistle Park”, the “Phillip Hughes Oval”.
3 Council offer to lease both the “Phillip Hughes Oval” and that area of the Donnelly Welsh playing fields used for cricket to the junior and/or senior cricket associations for a period of 30 years with an annual rental of $1.00.
4 That Council’s seal be attached to any lease documents as required.
5 That upon completion of the Master Plan, Council submit an Expression of Interest for funding under the Regional Sports Infrastructure Fund.
Amendment: (Smyth/Jenvey)
1 Council finalise the Master Plan for Thistle Park with King and Campbell being instructed to:
a. reduce the floor area and cost of the proposed clubhouse by about 50% b. reduce the proposed tree planting in accordance with the suggestions from the Junior and Senior Cricket but still retaining sufficient trees to define the cricket field and provide adequate shade c. correct the spelling mistake re “Phillip Hughes Oval” d. tree planting to be selected from Council’s Street Tree Planting Guidelines
2 Subject to the agreement of the Hughes’ family, that Council formally resolve to rename “Thistle Park”, the “Phillip Hughes Oval”.
3 Council offer to lease both the “Phillip Hughes Oval” and that area of the Donnelly Welsh playing fields used for cricket to the junior and/or senior cricket associations for a period of 30 years with an annual rental of $1.00.
4 That Council’s seal be attached to any lease documents as required.
5 That upon completion of the Master Plan, Council submit an Expression of Interest for funding under the Regional Sports Infrastructure Fund.
The Amendment was Lost and reverted back to the Motion which was:
589/17 Resolved: (Finlayson/Ainsworth)
1 Council finalise the Master Plan for Thistle Park with King and Campbell being instructed to:
a. reduce the floor area and cost of the proposed clubhouse by about 50% b. reduce the proposed tree planting in accordance with the suggestions from the Junior and Senior Cricket but still retaining sufficient trees to define the cricket field and provide adequate shade c. correct the spelling mistake re “Phillip Hughes Oval”.
2 Subject to the agreement of the Hughes’ family, that Council formally resolve to rename “Thistle Park”, the “Phillip Hughes Oval”.
3 Council offer to lease both the “Phillip Hughes Oval” and that area of the Donnelly Welsh playing fields used for cricket to the junior and/or senior cricket associations for a period of 30 years with an annual rental of $1.00.
4 That Council’s seal be attached to any lease documents as required.
5 That upon completion of the Master Plan, Council submit an Expression of Interest for funding under the Regional Sports Infrastructure Fund.
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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
590/17 RESOLVED: (Ainsworth/Finlayson)
That the list of outstanding actions and reports be noted and received for information by Council. |
600/17 RESOLVED: (Ainsworth/Finlayson)
That Council’s Ranger’s report for October 2017 be received and noted by Council.
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Assistant General Manager Corporate Services Report
Assistant General Manager Engineering Services Report
General Manager Report
From Confidential Business Paper
CLOSURE
There being no further business the Mayor then closed the meeting the time being 9.14 pm.
Confirmed and signed by the Mayor on 14 December 2017.
Cr Rhonda Hoban
MAYOR
(CHAIRPERSON)
Ordinary Council Meeting 14 December 2017
ITEM 5.1 SF2303 141217 Notice of Motion - Cr Anne Smyth - Request for leave of absence from 15 December 2017 to 17 January 2018
AUTHOR/ENQUIRIES: Anne Smyth, Councillor
Summary:
I request leave for the period Friday 15 December 2017 to Wednesday 17 January 2018, inclusive, for personal reasons.
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That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 15 December 2017 to 17 January 2018 inclusive.
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Ordinary Council Meeting 14 December 2017
ITEM 9.1 SF959 141217 Outstanding Actions and Reports
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
The following table is a report on all outstanding resolutions and
questions from Councillors (except development consents, development control
plans & local environmental plans). Matters which are simply noted or
received, together with resolutions adopting rates, fees and charges are not
listed as outstanding actions. Where matters have been actioned they are
indicated with |
That the list of outstanding actions and reports be noted and received for information by Council. |
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COUNCIL MEETING |
SUMMARY OF MATTER |
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JULY 2011 |
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1 |
SF1031 |
21/7/11 |
That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy
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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.
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AUGUST 2015 |
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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.
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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.
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OCTOBER 2015 |
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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.
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Report late 2017
4/12/17 – awaiting effect of highway closure |
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JANUARY 2017 |
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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.
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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.
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MARCH 2017 |
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5 |
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
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AGMCS |
18/3/17 – Report late 2017
06/12/17 – Report to be presented in 2018 following receipt of draft WCMP.
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MAY 2017 |
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6 |
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.
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GM |
31/05/17 – Report in October 2017
18/10/17 - Deferred to December due to workload.
06/12/17 - Deferred to 2018 due to workload.
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JUNE 2017 |
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7 |
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.
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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.
14/10/17 Deferred to return of AGMCS from leave. |
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8 |
SF2290 |
15/06/17 |
That Council revise the Plan of Management for Gordon Park in consultation with the Section 355 Committee of Management.
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Report in November 2017.
22/11/17 Deferred to January 2018 due to workload. |
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AUGUST 2017 |
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9 |
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.
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GM |
Report in September 2017
17/09/17 - Deferred due work load. Will be reported in October
18/10/17 – Deferred to December due to workload.
06/12/17 – Deferred to 2018 due to workload.
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10 |
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.
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GM |
Depending on outcome of plebiscite and the Government’s actions. Estimate report in December 2017.
20/11/17 Announcement of plebiscite outcome, legislation imminent.
4/12/17 – awaiting finalisation of legislation |
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SEPTEMBER 2017 |
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12 |
SF2293 |
28/09/17 |
Council approach the Hon Melinda Pavey and request that the control of Casey Drive be handed to Council and further that Minister be asked to reconsider handing control of the Soccer field adjacent Casey at no cost.
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GM |
04/10/17 – Pending 31/10/17 – further representations made to the Member for Oxley and Minister for Roads, Maritime and Freight |
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13 |
SF2397 |
28/09/17 |
Proceed with submission of an EOI for the Hennessey Tape Sporting Precinct in Bowraville
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GM |
EOI Registered - concept plan is being reviewed by Committee of Management
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14 |
SF2319 |
28/9/17 |
A reviewed policy on fleet replacement be provided to Council which considers electric cars.
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AGMES |
04/10/17 – Report will be presented to Council in January 2018. |
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OCTOBER 2017 |
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15 |
SF2329 |
12/10/17 |
That Council further consider funding a business centres revitalisation under the $1.3 billion Regional Growth Fund.
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GM |
Report in November 2017.
20/11/17 – Application for $10,000 in funding from an OEH “mainstreet” heritage funding program closes on 29/11/17. Council will be submitting an application for the maximum program funding which is $10k from OEH but with Council having to meet it $ for $.
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16 |
SF2381 |
26/10/17 |
Council staff prepare a planning proposal to make horticulture permissible with consent in the R5 zone et al. A report come back on a revision of the DCP to incorporate appropriate standards for horticulture in the R5 zone et al.
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Planning proposal for gateway determination to be prepared. |
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17 |
SF2329 |
26/10/17 |
There be a report on amending Council’s policy on Urban and Rural Road Naming to incorporate the recommendation of the Business Advisory Committee for dual road naming.
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AGMES |
7/11/2017 - Policy to be reviewed and reported back to Council in March 2018 with other policy reviews |
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18 |
SF2329 |
26/10/17 |
Council staff provide a report on the form of a program and the assistance to be provided to property owners (under a “Main Street” business centre revitalisation program.
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GM |
Report in December 2017
20/11/17 - Application for $10,000 in funding from an OEH “mainstreet” heritage funding program closes on 29/11/17. Council will be submitting an application for the maximum program funding which is $10k from OEH but with Council having to meet it $ for $. Details of the program will be reported following lodgement of the application.
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NOVEMBER 2017 |
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19 |
SF134 |
16/11/17 |
Council receive a report on options for improving public relations documents including but not limited to Council’s Annual Report.
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GM |
Report in January 2018 |
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20 |
SF1575 |
16/11/17 |
Council place the AMP’s for unsealed roads, footpaths, and stormwater drainage on exhibition for 28 days and note that a further report will be presented to Council following the completion of the exhibition.
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AGMES |
Report in January 2018 |
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21 |
SF1575 |
16/11/17 |
Council place the revised Asset Management Policy on public exhibition for 28 days and note that a further report will be presented to Council following completion of the exhibition.
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AGMES |
Report in January 2018 |
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22 |
SF1631 |
16/11/17 |
Advice to (41) residents connected to the transfer main upstream of the balance tank that Council is investigating options to either subsidise or provide some funding to assist with the cost of upgrading or changing their water supply arrangements.
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AGMES |
Letters have been sent to residents in accordance with Council resolution. Report in March 2018 following Consultants advice. |
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23 |
SF839 |
16/11/17 |
Council engage a suitably qualified consultant prior to the next GM’s performance review due in April 2018 to assist Council with the review and to review the process and KPI template for the ensuing year.
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Consultant to be engaged prior to April 2018. |
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26 |
SF2303 |
30/11/17 |
Council receive a report on the possibility of providing a dedicated small dog park at one of the suggested locations in Nambucca Heads.
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GM |
Report February 2018 |
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27 |
SF2303 |
30/11/17 |
Council investigate grant funding to assist with the flooding issues at the White Albatross Holiday Centre. Council investigate the possibility of reducing or redirecting storm water flow from Parkes Street above. That the results of the investigations and a brief overview of the current Council requirements for placement of manufactured homes on flood prone land be reported to Council.
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GM |
Report February 2018 |
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28 |
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30/11/17 |
Council explore further options for domestic waste removal from the Burrapine area.
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AGMES |
Report February 2018 |
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29 |
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30/11/17 |
Council receive a report on the setup of water supply and septic at the Taylors Arm Sports Reserve and include other issues raised by Mr Vassalo.
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AGMES |
Report March 2018 |
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31 |
SF2418 |
30/11/17 |
Council receive a report on comparative price and availability of industrial land in neighbouring councils.
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GM |
Report in February 2018 |
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32 |
SF2278 |
30/11/17 |
Minutes of Clean Energy Committee
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GM |
Report in March 2018 |
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There are no attachments for this report.
Ordinary Council Meeting 14 December 2017
ITEM 9.2 SF600 141217 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
Summary:
Ms Lesley Flanders has requested that she and her family be provided with title to land immediately to the west of the Bowraville racecourse. She requests this because it is a very sacred place to the Flanders family culturally, spiritually as well as historically.
The land is an unused section of the Grassy Road reservation which she maintains has been the home of the Flanders family since 1922. In or about the 1960’s, there were three houses on the land, occupied by the Donovan, Kelly and Flanders’ families, who were direct descendants of John Flanders (grandfather). The families raised their children on the land. In 1977 a flood destroyed the houses. The family did not have the money to pay for the repairs. Thereafter, Lesley’s mother lived in a caravan on the land until approximately 1983 when she became too ill to stay on the property.
Lesley’s mother was the last member of her family to reside on the land. A nephew, Michael Flanders (son of Christine) also resided on the land until the early 1980’s.
There has been consultation with Ms Flanders in relation to her request and in October 2016 the General Manager responded advising that Council was unable to subdivide the land to create a lot.
Council has now received further representations from David Shoebridge MLC and Ms Anne Gillin from Nambucca Valley Legal requesting that Council reconsider the matter and support a site specific amendment to the local environmental plan to allow the requested transfer. As the General Manager dealt with the request in the first instance, the elected Council should undertake a review of that decision.
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1 That Council note the General Manager’s letter of 7 October 2016 and resolve to take no further action in relation to the request from Ms Lesley Flanders for the reasons listed in the report.
2 That Ms Lesley Flanders, Mr David Shoebridge MLC and Ms Anne Gillin of Nambucca Valley Legal be advised of Council’s decision for the reasons listed in the report.
3 That Council further consider the matter when it has “ownership” of the land and can deal with it exclusively.
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OPTIONS:
1 The Council has the option of agreeing to the request from Ms Lesley Flanders and undertaking a site specific amendment to the Nambucca Local Environmental Plan as suggested by David Shoebridge MLC.
2 The Council could simply undertake a process to close the unused, westerly section of the Grassy Road reservation and transfer land to Ms Flanders without a dwelling entitlement. This is not recommended as inevitably such parcels are transferred with future owners seeking to maximise the capital value with a dwelling entitlement.
3 A third option is that Council undertake a process to close the unused section of the road reservation and then negotiate with interested parties to achieve the best price. However the current situation is that the Council would commit a very large amount of staff time to the exercise and then be obliged to remit all proceeds from the sale of the land to Crown Lands.
DISCUSSION:
On 21 September 2016 the Council received a request from Ms Lesley Flanders (attached) seeking an urgent meeting to discuss the possibility of acquiring from Council land which she maintains her family had resided on as far back as 1922. She believes her family’s occupation of the land was the subject of a 99 year lease but has not been able to locate the documents to prove this.
Ms Flanders had been referred to Council by the Department of Industry – Crown Lands who had apparently been dealing with the matter. Council has not received any correspondence from Crown Lands in relation to the matter and Ms Flanders notes the advice she received was that the, “block of land is still crown lands owned by the Nambucca Shire Council”.
I subsequently met with Ms Flanders and responded by letter dated 7 October 2016 (attached).
In relation to my response the Council has now received further representations from David Shoebridge MLC (attached). Mr Shoebridge states:
“I strongly urge you to reconsider your conclusion regarding this matter, and work towards a solution that honours the spiritual and cultural connection of the Flanders family to this land by allowing a transfer back to Lesley Flanders.
If Council forms the view that the minimum lot size requirement in the LEP prevents this sale and transfer then I would hope that a site specific amendment to the LEP would be considered to reduce the minimum lot size for just this one parcel of land.”
More recently Council has received representations from Anne Gillin from Nambucca Valley Legal. These representations are attached. Ms Gillin urges that the matter be reconsidered so as to:
“work towards a solution that honours the spiritual and cultural connection of the Flanders family to this land by allowing a transfer back to Lesley Flanders.
If Council forms the view that the minimum lot size requirement in the LEP prevents this sale and transfer then I would hope that a site specific amendment to the LEP would be considered to reduce the minimum lot size for just this one parcel of land.”
An attachment to Ms Gillin letter being a letter to Elders relevantly sets out the history of the occupation of the land as follows:
“Lesley instructs that the land in question was subject to a 99 year lease granted to her grandfather, John Flanders in 1929. To date however, we have not been able to find a reference to the Lease.
We are instructed that the land has cultural and spiritual significance to the Flanders family.
Lesley advises that her family resided on the land from as early as 1922. Her father was born on the land and all but four of his thirteen children were also born on the land.
In or about the 1960’s, there were three houses on the land, occupied by the Donovan, Kelly and Flanders’ families, who were direct descendants of John Flanders (grandfather). The families raised their children on the land.
By letter dated 3 August 1977 to the Aboriginal Lands Trust of NSW, the Shire Council agreed to sell the land to Mrs Flanders, Lesley’s mother, subject to the mutual agreement on price with the adjoining landowner. At the time Mrs Flanders did not have the funds to purchase the property.
In 1977 a flood destroyed the houses. The family did not have the money to pay for the repairs. Thereafter, Lesley’s mother lived in a caravan on the land until approximately 1983 when she became too ill to stay on the property.
Lesley’s mother was the last member of her family to reside on the land. A nephew, Michael Flanders (son of Christine) also resided on the land until the early 1980’s.
In or about November 1998, (the) Bowraville Local Aboriginal Land Council made a claim against the land. We understand that this claim was unsuccessful as the Land Council included the racecourse as part of the land claim.
We advise the land is currently owned by Crown Lands.
We are instructed that the family has maintained their connection with the land to the present time. In this regard, we note that the family has and continues to bury the placenta of each child of the family and that the land is the burial place of members of the family, we conduct memorials on the land following the death of family members and bury some of the soil from the land in the graves of our family members.
We write to ask your consent to the Flanders family entering negotiations with Nambucca Shire Council in respect to the possible purchase of the land.
We are instructed that the family will ensure that the land maintains its cultural and spiritual significance.
If you are in agreeance with Ms Flanders’ proposal, please sign the duplicate copy of this letter and return it to our office….”
There are eight (8) returns attached to Ms Gillin’s letter each signed by an Elder.
From my discussions with Ms Flanders I concluded that the land she is referring is the section of land immediately west of the Bowraville Race Course which contains Grassy Road. This land is shown by the grey highlight on the attached plan. A plan showing an aerial view of the land is attached. A plan showing an aerial view of the land with flood affectation is also attached.
The land is near Bowra Creek close to the point where it enters the Nambucca River.
In relation to the request from Lesley Flanders it is acknowledged as per the representations from David Shoebridge MLC that she has a special attachment to the place.
But there are other considerations for Council in dealing with the land being:
1 There are existing laws that make provision for the transfer of such land to Aboriginal persons. For example the first listed purpose of the Aboriginal Land Rights Act 1983 is, “to provide land rights for Aboriginal persons in New South Wales”. The transfer of land by Council outside this legal process does open up the potential for other claims to be made where similar circumstances exist. There are potential equity issues if Council deals with Ms Flanders in good faith but is unaware of other Aboriginal people who might mount a similar claim in relation to their connection with the land.
Council staff have ascertained that Aboriginal Land Claim 6229 which seems to relate to the same land was refused by the Minister on 13 September 2017 and is within an appeal period of 4 months under the Aboriginal Land Rights Act 1983.
2 In relation to equity there may be non-Aboriginal people who have an interest in acquiring the land. Typically with land which is surplus to a road reservation, adjoining property owners are usually contacted to ascertain whether or not they have an interest in acquiring it. The proposed process of transferring the land direct to one person would by-pass this process and leave Council open to accusations that it had not consulted broadly enough nor worked hard enough to achieve “best value”.
3 It is noted that the family, “will ensure that the land maintains its cultural and spiritual significance” but once the land is in the private ownership of an individual there is nothing to ensure this intent as it will rely on the good will of its future owners. For this reason it was suggested in Council’s letter of 7 October 2016 that a more definite and permanent acknowledgement of the attachment of Aboriginal people to the land would be for it to remain in public ownership with a form of memorial incorporating a story board of the use of the land by Aboriginal people.
4 David Shoebridge MLC and Anne Gillin suggest that Council undertake a site specific amendment to its LEP to allow the sale and transfer of a parcel of land to Ms Flanders. However there are some practical considerations in creating a separate title including ensuring that there is sufficient flood free land for both a dwelling and an on-site sewage management system (OSSM). Council has no information in relation to this and there will be considerable expense involved in survey work and consultant’s reports to identify a dwelling site and an adequate flood free area for an OSSM.
5 There are considerable expenses in staff time in preparing a site specific amendment to its LEP as suggested by David Shoebridge MLC; in advertising, survey costs and plan registration for closing a section of the road and creating a title; in consultant fees for identifying a dwelling location and area for an OSSM. Compensation will also need to be paid to Crown Lands. These costs will run to many thousands of dollars. To date there has been no offer to pay these costs. There is obviously financial risk to Council if it embarks on this process without having surety as to how these costs are to be met.
6 In transferring the land Council would also need to notify NTS Corp, the representatives of the Native Title claimants in the Nambucca Valley of Council’s intention to transfer this land being a “future act” under the Native Title Act 1993. The notification of a proposed future act being the transfer of Crown Land to an individual would provide a right to negotiate. Just because the proposed transfer of the land is to an Aboriginal person does not obviate Council’s obligations under the Native Title Act 1993.
CONSULTATION:
The legal status of the land has been discussed with Council’s Surveyor. The land is part of the Grassy Road reservation and Council does have the authority to undertake a process to close a section or sections of the surplus road and transfer those sections to an individual. Typically where Council has surplus land in a road reservation it would firstly be offered to an adjoining owner to incorporate in their land holding as usually the Council’s zoning provisions would prevent the land from being separately developed, ie the land not being of sufficient area to meet the minimum area standard for the erection of a dwelling.
As the section of land sought by Ms Flanders is not developed then the current arrangements with Crown Lands is that any compensation payable for the transfer of the land would be remitted to Crown Lands. In that sense it is correct to say that the land is “owned” by Crown Lands.
Council’s Surveyor has also referred to Parish Maps and notes what appears to be an Aboriginal Land Claim (ALC) No. 6229 which was lodged in relation to the land on 12 November 1998. The Aboriginal Land Claim Investigation Unit of the NSW Department of Industry – Crown Lands has advised that ALC 6229 was refused by the Minister on 13 September 2017 and is within the appeal period of 4 months under the Aboriginal Land Rights Act 1983.
I have also recently been contacted by an adjoining owner, Mr Paul Hoffman who has advised that he has previously on three occasions applied to the Nambucca Shire Council to purchase the property. The first time was in 1993, then in 2002, and finally in 2006. He received notification from Nambucca Shire Council in 2006 stating that the council would not be proceeding with his request. The Crown land adjoins their property and he would like the opportunity to purchase it to clean it up, maintain it and control feral animals etc. If Council is of a mind to deal with the land he would like his previous expressions of interest reconsidered.
SUSTAINABILITY ASSESSMENT:
Environment
At this stage there are no implications for the environment.
Social
The social implications are discussed in the report.
Economic
There are no significant economic implications.
Risk
The risk issues are discussed in the report. There are some particular risks pertaining to the financial costs associated with creating a title and also more broadly the legal and equity risks arising out of the Council initiating a process for transferring land of cultural and spiritual significance to individual people outside of the existing State and Commonwealth legislative frameworks
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There may be budgetary impacts depending upon the agreement reached in relation to the land.
Source of fund and any variance to working funds
There may be impacts on working funds.
Service level changes and resourcing/staff implications
There are resourcing implications in responding to the additional requests, preparing this report and for any future work.
32518/2016 - Request for meeting with GM |
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34957/2016 - General Manager's response |
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38137/2017 - Letter from David Shoebridge MLC |
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41240/2017 - Representations from Nambucca Valley Legal |
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41542/2017 - Crown Land West of Lot 75 DP 755549 |
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41616/2017 - Grassy Road Aerial Cadastral Map |
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41618/2017 - Grassy Road Flood Affectation |
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Ordinary Council Meeting - 14 December 2017 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse |
Ordinary Council Meeting - 14 December 2017 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse |
Enquiries to: Mr Michael Coulter
Phone: 02) 6568 0200
Email: michael.coulter@nambucca.nsw.gov.au
Mobile: 0409 153 788
Our Ref: LF428
7 October 2016
Ms Lesley Flanders
EMAIL: l.flanders54@gmail.com
Dear Lesley
CROWN LAND WEST OF LOT 75 DP 755549
I refer to your letter of 16 September 2016 and to our meeting in my office.
From our discussions in my office and viewing Council's Geographic Information System, I understand the land where the Flanders family lived as far back as 1922 forms part of the road reservation of Grassy Road which adjoins the Bowraville Racecourse.
I note your advice that this is a sacred place to the Flanders family culturally, spiritually as well as historically and that family members have tried to clarify and claim the land but were given the "run around" by the local Council.
You also advise me that the house was apparently removed from the site more than 25 years ago.
I have discussed your request with Council staff and provide the following advice.
The road reservation where the house was apparently located is zoned RU1 Primary Production and the minimum lot size for subdivision is 40 hectares (100 acres) per lot. I have measured the area of this section of road reservation, including Grassy Road itself, and it only has an area of 2.7 hectares, far less than the 80 hectares of land required for a two lot subdivision.
Consequently, my assessment is that the Council is unable to subdivide the land to create a block to transfer to yourself.
However, as I observed at our meeting, the Council is interested in increasing public awareness of the Aboriginal history of the Nambucca Valley. The more recent history of your family's settlement next to the racecourse is an important piece of that local history.
The Council does operate a Local Heritage Assistance Fund which may be able to provide funding towards a history board for the site and interpretive works so as to provide a permanent acknowledgement and display of your family's connection to this land.
Should you be interested in pursuing this suggestion, the Council would require access to whatever information and photographs you may have of your family's occupation of the land. We would display this information on a signage board which could be read by anyone visiting the site. As an example of the type of sign which could be provided, the Council has recently installed a sign concerning the history of Frank Partridge VC on the corner of Partridge and Cooper Streets, Macksville.
I'm sorry I'm unable to transfer this block of land to you as per your request but I am confident funding could be sourced for a permanent and fitting acknowledgement of your family's occupation of the land, should you so desire.
Yours faithfully
Michael Coulter
GENERAL MANAGER
MAC:ms
Cc Coordinator Strategic Planning & Natural Resources
Ordinary Council Meeting - 14 December 2017 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse |
Ordinary Council Meeting - 14 December 2017 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse |
Ordinary Council Meeting - 14 December 2017 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse |
Ordinary Council Meeting - 14 December 2017 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse |
Ordinary Council Meeting - 14 December 2017 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse |
ITEM 9.3 SF611 141217 Announcement of Rate Cap of 2.3% for 2017/18
AUTHOR/ENQUIRIES: Michael Coulter, General Manager
Summary:
A summary is not required.
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That the information concerning the announcement by the Independent Pricing and Regulatory Tribunal (IPART) of a rate cap of 2.3% for 2017/18 be received.
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OPTIONS:
There are no options. The report is for information.
DISCUSSION:
On 28 November 2017, the Independent Pricing and Regulatory Tribunal (IPART) announced a rate cap of 2.3% for 2017/18. The rate cap represents the maximum by which Council can lift its general fund rates without an approval for a special rate variation.
This is an increase on the 1.5% peg this year, and 1.8% the year before. IPART has attributed the increase to rising costs faced by councils and in particular labour costs, electricity and street lighting charges, and higher construction costs for roads, drains, footpaths, kerbing and bridges.
IPART also propose to bring the annual rate cap announcement forward from late November to early September in 2018.
CONSULTATION:
There has been no consultation.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
There are no social implications.
Economic
There are no economic implications.
Risk
Council has no control over the decision.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
The rate cap is broadly in line with Council’s long term financial plan which assumes that the rate peg will approximate the increase in Council’s cost index.
Source of fund and any variance to working funds
There is no impact on working funds.
Service level changes and resourcing/staff implications
The decision does not affect service levels or available resources.
Ordinary Council Meeting 14 December 2017
ITEM 9.4 DA2006/143 141217 Modification of DA2006/143 14 Lot Subdivision at Treleaven Street, Hyland Park
AUTHOR/ENQUIRIES: Brad Lane, Senior Town Planner
Summary:
The proposal is to modify Development Consent DA2006/143 which relates to a 14 lot subdivision of the subject site including one lot as a public reserve.
The modified application plan will maintain the same number of lots but will reconfigure the layout providing a connection from Teleaven Street to The Glen.
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.
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That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2006/143 subject to conditions provided as Attachment 4.
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OPTIONS:
1 Approve the application as per the council officer’s recommendation
2 Approve the application together with any other conditions relevant to the proposed modification.
3 Refuse the application, providing reasons for the decision
DISCUSSION:
On 28 November 2006 Development Consent DA2006/143 was granted for a residential subdivision on the subject site. The originally approved development comprised 13 residential lots and one lot to be dedicated as a public reserve. Access to the subdivision in the original approval was to be via a new public road connecting to the existing “southern stub” of the roundabout at the sites northern frontage to Treleaven Street. The proposed internal road extended to and along the southern boundary, terminating within the site at a cul-de-sac located at the south western corner. A copy of the originally approved development plan is provided as Attachment 1.
On 20 November 2008 Development Consent DA2006/143 was modified. The modified layout maintained the same number of residential lots and relocated the cul-de-sac to the north, so that lots were accessed from both sides of the cul-de-sac. A copy of the approved development plan (as modified) is provided as Attachment 2.
The subject application presently before Council, proposes the further modification of the subdivision layout maintaining the same number of lots. The proposed modified layout will continue the new road through the site, connecting Treleaven Street with The Glen, which is located to the south east. The proposed modified road alignment reduces the extent of earthworks that would have been required to construct the cul-de-sac on the sloping part of the site (as per the existing approval) and improves connectivity to the surrounding road network. A copy of the proposed modified application plan is provided as Attachment 3.
Section 96(1A) of the Environmental Planning and Assessment Act 1979 (as amended) does not require the Consent Authority to consult with (integrated) approval bodies in respect of conditions imposed in accordance with general terms of approval. However Clause 120 of the EP&A Regulation 2000 requires that Section 96 applications are to be notified to (integrated) approval bodies. The application was referred to the NSW RFS for comment. On 15 November 2017 the RFS provided a deemed bushfire safety authority with conditions.
On 23 November 2017 the application was amended to make a minor adjustment to remove the access handle of Lot 8. The reason for the amendment was that the subject access handle would serve no purpose as it would parallel a public road. The RFS was consulted regarding the amendment by email and no concern was raised. It is considered that the amended plan which maintains the same public road network and adequate lot frontages is consistent with the RFS general terms of approval in relation to the development.
The altered text (shown underlined) in the following conditions will give effect to the proposed modification.
1 The development shall be carried out generally in accordance with the application and the documents lodged with Council on 3 March 2006 except as modified by the plan prepared by Jed Civil, titled “Subdivision of Lot 22 DP 1036142 Hyland Park”, Drawing No. 17007-010 Revision J dated 23/11/2017, and endorsed with Council’s stamp.
Individual lots may be released in stages, subject to the satisfactory provision of services and payment of contributions as required by Council.
1A Earthworks are to be undertaken within Proposed Lot 11 to provide a building pad with a finished surface level at or above the 1 in 100 year flood level for the site. Any batter slopes are to be stabilised with a turfed (or grass seeded) battered slope at 1v:4h or with retaining structures, to be detailed at the construction certificate stage. Individual retaining walls are not to exceed 1.2m in height, without separate development consent first being obtained.
36 Pursuant to Section 88B of the Conveyancing Act easements and restrictions as to user shall be created to achieve the following purposes:
a All requisite sewerage easements;
b All rights of carriageway; In this regard , reciprocal rights of carriageway are to be created over the access handles to Lots 9,10 and 11.
c All requisite drainage easements;
d Create drainage easements over existing and proposed drainage lines including inter-allotment drainage.
e The provision of Asset Protection Zones on Lots 7 – 13 (inclusive), as indicated on approved Plan No 143/01.
f All dwellings are to be constructed with a habitable floor level at or above the flood planning level.
The proposed modification application is assessed against the relevant subsections of section 96 of the Environmental Planning and Assessment Act 1979 as follows:
SECTION 96(1A) |
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Council may on application being made by the applicant or any other person entitled to act on a consent granted by Council, modify the development if: |
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Complies |
Comments |
(a) It is satisfied that the proposed modification is of minimal environmental impact, |
Yes |
The proposed modification of the development will reduce the extent of earthworks required and is to be undertaken with the existing approved development footprint. On this basis the proposed modification is considered to result in minimal environmental impact. |
(b) It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), |
Yes |
The development remains as a residential subdivision comprising 13 residential lots and a public reserve lot. The proposed modified road configuration is similar to the originally approved layout, and represents a superior design to the layout (as presently modified) as it reduces the extent of earthworks and provides connectivity to The Glen. In this regard the proposed modification will increase evacuation routes from the site and surrounding areas in the event of a bushfire. |
(c) It has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, |
Yes |
The application was notified in accordance with Part A of the Nambucca Development Control Plan 2010 and no submissions were received. |
(d) It has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be. |
N/A |
N/A |
SECTION 96 (3) |
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(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application. The matters referred to in section 79C (1) are as follows: |
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Complies |
Comments |
a the provisions of: |
Yes |
The proposed modified layout remains consistent with the relevant development standards and controls within the relevant environmental planning instruments including the minimum lot size of Nambucca LEP 2010. The site is partially mapped as flood prone land. Proposed Lot 11 is affected by an area identified in the Nambucca Shire Floodplain Risk Management Study as H2-H2 flood risk category. An additional condition has been included to ensure that the building envelope within proposed Lot 11 is constructed at a level above the 1:100 year flood level and that an 88B instrument is registered requiring the minimum habitable floor level to be at or above the flood planning level (which incorporates 500mm freeboard above the 1:100 year event). |
(i) any environmental planning instrument, and |
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(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and |
Yes |
The proposal is consistent with the relevant draft EPIs. |
(iii) any development control plan, and |
Yes |
The development remains compliant with the relevant controls contained within the Nambucca DCP 2010. |
(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and |
N/A |
N/A |
(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and |
Yes |
The proposal remains consistent with the Coastal Zone Management Plan for the Nambucca Shire Coastline. |
(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), |
Yes |
Refer above |
b the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality, |
Yes |
The proposed modification is unlikely to result in additional adverse impacts compared to the originally approved development. |
c the suitability of the site for the development, |
Yes |
The site remains suitable for the proposed development. |
d any submissions made in accordance with this Act or the regulations, |
N/A |
N/A |
e the public interest. |
Yes |
The modification, which reduces earthworks and increases connectivity in the public road network is in the public interest. |
CONSULTATION:
Internal Referrals
Engineering - Yes
External Referrals
NSW Rural Fire Service – Yes
NSW Office of Water – It is noted that on 23 June 2009 the then Department of Water and Energy advised that the development was exempt from the need to obtain a controlled activity approval under the Water Management Act 2000. On this basis referral of the modification application to the NSW Office of Water was not required.
SUSTAINABILITY ASSESSMENT:
Environment
The modified proposal is contained to the originally approved development footprint. Environmental impacts will be not increased from originally approved development.
Social
The proposal will maintain the same lot yield of 13 residential lots and 1 public reserve lot. The social impact of the development will not be increased compared to the originally approved development.
Economic
The proposal will optimise the design of the proposed subdivision.
Risk
The modification of the development presents minimal risk.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
N/A
Source of fund and any variance to working funds
N/A
Service level changes and resourcing/staff implications
N/A
46206/2017 - Attachment 1 - DA2006/143 Originally Approved Development Plan |
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46207/2017 - Attachment 2 - DA2006/143 Approved Development Plan (as modified) |
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46208/2017 - Attachment 3 - DA2006/143 Proposed Modified Application Plan |
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46213/2017 - Attachment 4 - Proposed Modified Conditions of Consent |
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Ordinary Council Meeting - 14 December 2017 Modification of DA2006/143 14 Lot Subdivision at Treleaven Street, Hyland Park |
Ordinary Council Meeting - 14 December 2017 Modification of DA2006/143 14 Lot Subdivision at Treleaven Street, Hyland Park |
Ordinary Council Meeting - 14 December 2017 Modification of DA2006/143 14 Lot Subdivision at Treleaven Street, Hyland Park |
ITEM 9.5 SF2293 141217 Development Applications greater than 12 months or where submissions received - to 6 December 2017
AUTHOR/ENQUIRIES: Lisa Hall, Technical Officer - Development and Environment
Summary: In accordance with Council's resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1). Table 2 shows development applications which have been received but not yet determined due to submissions received.
In accordance with Minute 848/08 from Council’s meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.
If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination. |
That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 6 December 2017 be noted by Council.
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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 |
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2017/179 |
3 August 2017 |
Telecommunications Facility (Mobile Phone Tower) |
Lot 3 DP 1147417, 1079 Scotts Head Road, Scotts Head |
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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 - 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 |
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STATUS: Being reported to this Council meeting. |
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DA NUMBER |
DATE OF RECEIPT |
PROPOSAL |
ADDRESS |
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2017/238 |
18 October 2017 |
2 Lot Subdivision & Change of Use to Dwelling |
Lot 3532 DP 793199, 349 Newee Creek Road, Newee Creek |
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One submission has been received – it opposes the development · Development will add to dust nuisance of Newee Creek Road unless sealing is undertaken |
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STATUS: Being assessed – waiting for response from RFS |
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DA NUMBER |
DATE OF RECEIPT |
PROPOSAL |
ADDRESS |
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2017/249 |
24 October 2017 |
Dwelling-House |
Lot 575 DP 1226125, Wirrimbi Road, Newee Creek |
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One submission has been received – it opposes aspects of the development · Objector believes there are restrictions on title as to house size, roof pitch and dwellings required to be new. |
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STATUS: Being assessed |
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DA NUMBER |
DATE OF RECEIPT |
PROPOSAL |
ADDRESS |
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2017/256 |
7 November 2017 |
Dual Occupancy |
Lot 7 DP 1033603, 3 Sea Breeze Place, Way Way |
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Two submissions have been received – they oppose the proposal · A dual occupancy would not be compatible with the locality and environment and would detrimentally impact on the environment · Two driveways would create a safety hazard – collection of waste and access to corner properties would be compromised · Four storey dwelling is incompatible with adjacent, smaller dwellings · Dual occupancy would set a precedent which could lead to over-development of the locality. · One dwelling should have its driveway from Scotts Head Road · Proposed dwellings are lower in value than current dwellings – will detract from scenic beauty and will affect amenity of Sea Breeze Place. |
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STATUS: Being assessed |
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Ordinary Council Meeting 14 December 2017
ITEM 9.6 SF770 141217 Report into Preference Counting in Local Government Elections in NSW
AUTHOR/ENQUIRIES: Scott Norman, Assistant General Manager Corporate Services
Summary:
Council previously made a submission to the Inquiry into Preference Counting in Local Government Elections in NSW. The report of the Joint Standing Committee has now been published and the recommendations support Council’s position. In particular it recommends that random sampling of ballots when transferring preferences be discontinued and the Weighted Inclusive Gregory Method be introduced.
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That Council note the Report from the inquiry into Preference Counting in Local Government Elections in NSW.
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OPTIONS:
This report is for information and no options are presented.
DISCUSSION: -
The Joint Standing Committee on Electoral Matters has completed an inquiry into preference counting in local government elections in NSW. The terms of reference for the Inquiry were as follows:
Terms of Reference
That the Joint Standing Committee on Electoral Matters inquire into and report on:
a) The current system of “random selection” in the counting of preferences in local government elections,
b) Whether this system delivers fair results in all cases for candidates,
c) Whether there are any alternative methods of ballot counting which would produce more accurate preference flows, and
d) Any other related matter.
Council made a submission to the Inquiry (attached). The basis of the submission was “that; in support of a full democratic right of voters; the Act be changed in favour a full count until all preferential votes have been exhausted.”
The Reports’ recommendations one and two support Council’s submission.
1. That the Government removes the random sampling of ballots when transferring preferences when a candidate receives more than a required quota to be elected.
2. That the Government introduce the weighted inclusive Gregory method to conduct future local government elections.
Ten recommendations were made in total, covering a much broader range of concerns. The full report can be found at https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-details.aspx?pk=2458#tab-reports.
Below are paraphrased extracts from the report that specifically speak to Council’s submission;
The current proportional voting system was developed to make manual counting of votes easier. In the last NSW Local government election no Council used a manual system and counting and allocation of votes was done by computer. It follows that this no longer a major consideration. The Committee also noted that random selection is not used in any other local government election in Australia.
The Committee heard several arguments stating that random sampling was no longer justified and almost unanimous agreement that random sampling should be removed from the preference counting process in local government elections.
Arguments against random sampling used in the current system were listed as;
Reproducibility
Random sampling prevents the election count from being reproducible, as the selection of a different sample of votes may distribute preferences in a different way from the first count. There is no guarantee that this sample will be representative of the total surplus. This means recounts cannot be conducted in a reproducible way because the Regulation requires a different random selection of ballots be chosen each time. This lack of reproducibility also affects the ability to conduct countbacks to fill a casual vacancy.
Public confidence in the electoral system
The Committee also heard concerns that the randomisation element and lack of reproducible results has reduced public confidence in the integrity of the local government electoral system.
Random sampling does not advantage smaller councils
Although the rationale for random selection is based on the simplification of a manual count, the Committee heard evidence that random selection does not make it easier to conduct manual counts. It was argued that to conduct a manual count accurately and fairly, electoral administrators require specific training and must have a good understanding of difficult processes.
The Alternative to Random Sampling - The alternative which received most support and the Inquiry recommended was fractional transfers.
Fractional Transfers
An alternative to distributing preferences by random sampling is to use a fractional transfer system. Under fractional transfer systems, all ballot papers of the elected candidate are used to distribute the surplus. The ballot papers are distributed at a reduced rate by applying a transfer value.
In its simplest terms, the transfer value is calculated using the following formula:
Transfer value = Surplus / Votes received
For example, if a required quota is 600,000 votes and a candidate receives 1,000,000 votes, the surplus is 400,000. The transfer value of this candidate’s votes would be: 400,000 / 1,000,000 = 0.4.
All of the candidate’s ballot papers are then re-examined to determine the number of votes for second choice candidates. If this candidate’s ballot papers gave 900,000 second preferences to another candidate, then that other candidate would receive 360,000 votes – that is 900,000 multiplied by the
transfer value of 0.4.
Candidates are elected when they reach the quota following this transfer of preferences or through the transfer of preferences from excluded candidates. Different jurisdictions deal with further transfers of surplus in different ways.
The Committee noted that currently most Australian jurisdictions use some form of fractional transfer for the distribution of preferences under proportional representative electoral systems.
The fractional transfer system the Inquiry recommended was the Weighted Inclusive Gregory System. An attached extract explains this methodology.
CONSULTATION:
Michael Coulter, General Manager
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications for the environment.
Social
The random selection of quota surplus can affect the results of an election.
Economic
There are no economic consequences.
Risk
The risks associated with random selection of votes.
FINANCIAL IMPLICATIONS:
At this stage there are no financial or service level implications.
34678/2017 - Media release - Inquiry into preference counting |
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38110/2017 - SUBMISSION TO THE INQUIRY INTO PREFERENCE COUNTING IN LOCAL GOVERNMENT ELECTIONS IN NSW |
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47354/2017 - The Weighted Inclusive Gregory System Extract from Report into Preference Counting in Local Government Election in NSW |
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Ordinary Council Meeting - 14 December 2017 Report into Preference Counting in Local Government Elections in NSW |
Ordinary Council Meeting - 14 December 2017 Report into Preference Counting in Local Government Elections in NSW |
Enquiries to: scott.norman@nambucca.nsw.gov.au
Phone No: (02) 6568 0227 or 0407 922 031
Our Ref: SF770
Date: 4TH October 2017
JOINT STANDING COMMITTEE ON ELECTORAL MATTERS
mailto:electoralmatters@parliament.nsw.gov.au
ATTENTION Mr Leon Last
Dear Mr Last
submission to the Inquiry into Preference Counting in Local Government Elections in NSW
Nambucca Shire Council has resolved to make the following submission to the Inquiry into Preference Counting in Local Government Elections in NSW.
“that; in support of a full democratic right of voters; the Act be changed in favour a full count until all preferential votes have been exhausted.”
The debates that lead to the resolution centred on the possible impact of random ballot selection on preference counting under the current methodology and the problem of obtaining an unbiased random selection.
To quote the Mayor Cr Rhonda Hoban
“The problem with randomly selecting which ones are declared exhausted and which are transferred, is that you cannot duplicate the result. Because local government deals in relatively smaller numbers to state and federal it can mean a lot of people can be elected where if you re-ran the process and did another random selection they would be the ones who just missed out.”
Council would therefore like to recommend either full preferential voting or optional preferential voting as alternative methods of ballot counting on the basis either would produce more accurate preference flows.
Yours faithfully
Scott Norman
ASSISTANT GENERAL MANAGER CORPORATE SERVICES
Ordinary Council Meeting - 14 December 2017 Report into Preference Counting in Local Government Elections in NSW |
ITEM 9.7 SF2292 141217 Minutes of the Nambucca Shire Council Access Committee meetings held 28 November 2017
AUTHOR/ENQUIRIES: Coral Hutchinson, Manager Community Development
Summary:
The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 28 November 2017 are attached for Council’s endorsement.
The minutes contain 2 recommendations for Council’s attention.
· New boardwalk construction or future upgrades is to consider passing bays on the land side as the current width does not allow for passing by 2 people using mobility aids, prams etc; and designs must consider the location of the mangroves and head-height for pedestrians.
· Designs for new boardwalks or upgrades be referred to the Access Committee for its consideration and comment before construction.
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1 New boardwalk construction or future upgrades is to consider passing bays on the land side as the current width does not allow for passing by 2 people using mobility aids, prams etc; and designs must consider the location of the mangroves and head-height for pedestrians. 2 Designs for new boardwalks or upgrades be referred to the Access Committee for its consideration and comment before construction. 3 That Council endorse the minutes of the Nambucca Shire Council Access Committee meetings held 28 November 2017.
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OPTIONS:
Council has the option of not endorsing the minutes or making additional or alternative resolutions.
DISCUSSION:
Width of the Boardwalk
The current width of approximately 1500mm is too narrow to allow for passing by 2 people using motorised scooters, wheelchairs and prams. Some sections require people to reverse for considerable distances when passing and turning around is not possible. The Committee recognises that the cost of construction would prohibit an overall wider boardwalk and recommends that passing bays on the land side be incorporated into the design to allow for people to stop until others pass. Land side is also recommended so that the bays are available for moving traffic rather than fishing and fishing gear.
Mangroves
The Committee understands the environmental importance and protection of mangroves, however in some places branches overhang the boardwalk and are a hazard to taller people with vision impairment. As trimming is unlikely to be an option, the Committee recommends that any new work for boardwalks be designed around overhanging mangroves.
The Committee would welcome the opportunity to be consulted on boardwalk design and offers its expertise to improve outcomes for people with disability.
CONSULTATION:
Nothing required.
SUSTAINABILITY ASSESSMENT:
Environment
Nothing identified
Social
Improved access has positive social outcomes for the community particularly people with disability.
Economic
Nothing identified.
Risk
Nothing identified
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
New sections of boardwalk have already been included in Council’s budget.
Source of fund and any variance to working funds
Nil
Service level changes and resourcing/staff implications
Nothing identified
45013/2017 - Minutes - Access Committee - 28 November 2017 |
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Ordinary Council Meeting - 14 December 2017 Minutes of the Nambucca Shire Council Access Committee meetings held 28 November 2017 |
Mr Peter Shales (Chairperson) |
Cr Anne Smyth |
Ms Coral Hutchinson |
Cr Susan Jenvey |
Mr Mark Bettini |
Mr Lewis Parkins |
Mr Michael Porter |
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APOLOGIES
Ms Lee-anne Funnell |
Mr Les Small |
Ms Fiona Henwood (Guide Dogs) |
Ms Margaret Hutchinson |
Mr Keith Davis |
Ms Alba Sky |
Assistant General Manager Corporate Services Report
ITEM 3.1 SF2292 281117 Business Arising from Previous Meetings |
Recommendation: (parkins/bettini)
That the report from the river side walk from the October meeting be noted, and that Council be advised of the following recommendations from the Committee: 1. New boardwalk construction or future upgrades is to consider passing bays on the land side as the current width does not allow for passing by 2 people using mobility aids, prams etc; and designs must consider the location of the mangroves and head-height for pedestrians. 2. Designs for new boardwalks or upgrades be referred to the Access Committee for its consideration and comment before construction.
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ITEM 3.2 SF2292 281117 Correspondence to the Access Committee meeting 28 November 2017 |
ReSOLVED:
That correspondence was noted.
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ITEM 3.3 SF2292 281117 Report on General Business to the Access Committee 28 November 2017 |
Recommendation:
A short report on proposed work at Rotary Lookout Nambucca Heads was noted; and the following priorities were identified for 2018: complete site inspections of remaining boardwalk to break wall, River Street Macksville and Scotts Head; look more closely at “Shared Zones” and how they work.
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NEXT MEETING DATE
The next meeting will be held on Tuesday 27 February 2018 commencing at 2.00 pm at the Council Administration Centre.
CLOSURE
There being no further business the Chairperson then closed the meeting the time being 3.19 pm.
………………………………
PETER SHALES
(CHAIRPERSON)
ITEM 9.8 DA2017/179 141217 Development Application DA2017/179
AUTHOR/ENQUIRIES: Daniel Walsh, Manager Development and Environment
Summary:
The proposed development includes the construction of a 47.3m high telecommunications tower at Lot 3 DP 1147417 - 1079 Scotts Head Road, Scotts Head. A copy of the statement of environmental effects has been included within attachment 1 and proposed plans in attachment 2.
The application has been notified and assessed in accordance with the Environmental Planning and Assessment Act 1979 (the act). It is considered that the proposal is contrary to a number of matters required to be considered under the act prior to determining the development application and as such, it is recommended that the application be refused.
The development application is being referred to Council for determination because it has been ‘called in’ by Council.
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.
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That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979 (the act), refuse consent for Development Application 2017/179 for the construction of a telecommunications facility at Lot 3 DP 1147417 - 1079 Scotts Head Road, Scotts Head for the following reasons: 1 After consideration of section 79C(1)(a)(i) of the act, the proposal is considered to be contrary to clauses 2.3 and 5.5 of the Nambucca Local Environmental Plan 2010, clause 8 of the State Environmental Planning Policy No 71 – Coastal Protection, clause 115 (3) of the State Environmental Planning Policy (Infrastructure) 2007 and clause 8 of the State Environmental Planning Policy No 44 – Koala Habitat Protection because:
· It is contrary to principles 1(b), 1(e), 1(g) 2(b) 4(k) and 4(l) contained within the ‘NSW Telecommunications Facilities Guideline Including Broadband, July 2010’ as there are alternative locations for the proposed monopole which would minimise its visual impact by eliminating views of it from residents to the south and reducing its prominence when viewed from the north. This would enable the proposal to better respond to its rural landscape setting and to minimise its obstruction of the vista obtained from the Scotts Head township. These alternate locations would also minimise the disturbance of threatened flora and fauna species and communities.
· Such inadequate design/location does not minimise the visual impacts on surrounding properties or the scenic quality of the coast; or minimise land use conflict with land uses in adjoining residential zones as required by the objective of the RU1 Primary Production Zone.
· Insufficient information has been provided to determine the extent of ecological impacts of the proposed development and the applicant has notified Council that the information will not be provided.
· Insufficient information has been provided to Council to determine if the land is core koala habitat in accordance with clause 8 of the State Environmental Planning Policy No 44 – Koala Habitat Protection. In accordance with clause 54(5) of the Environmental Planning and Assessment Regulation 2000, the applicant has notified Council that the information will not be provided.
2 Insufficient information has been provided to Council which demonstrates that the proposal will not result in any significant impacts on threatened species, populations, or ecological communities or their habitats in accordance with section 5A of the act. In accordance with clause 54(5) of the Environmental Planning and Assessment Regulation 2000, the applicant has notified Council that the information will not be provided.
3 After consideration of section 79C(1)(a)(ii) of the act the proposal is considered to be contrary to the draft State Environmental Planning Policy (Coastal Management) 2016 and the review of State Environmental Planning Policy 44 – Koala Habitat Protection because: · The submitted ecological assessment fails to confirm whether or not the land is core koala habitat or the extent of ecological impacts of the proposed development; and
· It does not minimise the visual impacts on surrounding properties or the scenic quality of the coast as there are alternative locations for the proposed monopole which could further reduce its visual impact. 4 After consideration of section 79C(1)(b) of the act it is considered that the proposal will result in unreasonable social and economic impacts on the locality due to its inability to minimise the extant of visual impacts when viewed from the surrounding area and because an archaeological assessment undertaken by someone with expertise in locating and identifying Aboriginal objects has not been provided to ascertain potential impacts of the development on cultural heritage. Furthermore, insufficient information was provided with the application to determine the level of impact of the proposal on the natural environment.
5 After consideration of section 79C(1)(c) of the act the site is not considered to be suitable for the proposed development because an alternate location would minimise the visual impacts associated with the proposal and insufficient information was provided to determine if the proposal will result in any significant impacts on threatened species, populations or ecological communities, or their habitats.
6 After consideration of section 79C(1)(e) of the act the proposal is considered to be contrary to the public interest because it will result in unreasonable impacts on the natural, social, and economic environments of the site and locality which can be minimised by relocating the proposal. |
OPTIONS:
(a) Grant consent to the development application, either unconditionally or subject to conditions (draft conditions have been included within attachment 6, or
(b) Refuse consent to the development application.
DISCUSSION:
Subject Site
The subject site is located at 1079 Scotts Head Road, Scotts Head and is legally known as Lot 3 DP 1147417. It is located within the RU1 Primary Production Zone under the Nambucca Local Environmental Plan 2010. The site is irregular in shape, relatively flat, heavily vegetated and contains a dwelling towards its frontage to Scotts Head Road. Surrounding development is predominantly of an urban and rural residential nature; with a public sporting field (Buz Brazel Oval) and Scotts Head Public School within the vicinity.
Locality Plan
Proposed Development
The proposed development includes:
· The construction of a 45m high telecommunications tower with a head frame and associated antennas.
· An ancillary infrastructure compound around the base of the tower comprising a 16m x 8m area fenced with 2.4m high chain wire security fencing. The compound will contain the tower and two equipment shelters on elevated platforms.
· Vehicular access from the sites frontage to Scotts Head Road.
· Installation of underground electricity from Scotts Head Road to the compound.
The facility will be utilised by both Telstra and Optus.
A copy of the statement of environmental effects has been included within attachment 1 and proposed plans in attachment 2.
The applicant was requested to provide additional information on 1 September 2017. Part of this request included further investigation of alternate sites and the relocation of the facility to another area of the site considered to be more suitable. The applicant responded on 9 October 2017 with additional information seeking to address the matters raised by Council. On 1 November 2017 Council advised the applicant that the information provided was considered to be insufficient, that the proposal could not be supported, and provided a further opportunity for the applicant to amend the proposal. The applicant responded on 3 November 2017 stating that the application will not be amended and provided responses to Councils matters of concern. These matters have been addressed throughout the relevant sections of this report. The above mentioned correspondence between Council and the applicant is contained within attachment 3.
The proposed development is assessed against the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:
5AA - Application of Part 7 of Biodiversity Conservation Act 2016 and Part 7A of Fisheries Management Act 1994
The Biodiversity Conservation (Savings and Transitional) Regulation 2017 defines the development application as a “pending or interim planning application” as it was made before the commencement of the new Biodiversity Conservation Act 2016 but not finally determined immediately before that commencement. For such applications, clause 28 of the Regulation provides that the former planning provisions continue to apply (and Part 7 of the new Act does not apply) to the determination.
The former planning provisions were contained at section 5A of the Environmental Planning and Assessment Act 1979 (the act). This section concerned the significant effect of development on threatened species, populations or ecological communities, or their habitats, and provided various matters to be taken into account in making a determination, including:
· in the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction; and
· in relation to the habitat of a threatened species, population or ecological community:
(i) the extent to which habitat is likely to be removed or modified as a result of the action proposed, and
(ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and
(iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality,
The application was accompanied by an ecological assessment which has been included within attachment 3. The assessment found that the dominant vegetation type on the site is Broard-leaved Paperbark (Melaleuca quinquenervia) – Bare Twig Rush (Baumea juncea) swamp sclerophall open forest of coastal swamps. This vegetation type is recognised as a Threatened Ecological Community under the NSW Threatened Species Conservation Act 1995 and has been identified as likely to provide suitable habitat for a number of listed threatened fauna and possibly listed threatened flora. However, due to the limitations of the scope of the assessment undertaken, the presence of threatened fauna could not be confirmed.
The ecological assessment is considered to be insufficient because it identifies that the development will impact on threatened species and communities; is limited in its investigation scope; and does not include an assessment of significance which addresses whether or not the proposal will have any significant impacts on threatened species, populations, or ecological communities or their habitats as required by section 5A(1) of the act.
It is not considered that consent for the proposed development can be granted as the ecological assessment is insufficient and the applicant has advised that one will not be provided.
Section 79BA - Consultation and development consent—certain bush fire prone land
It is considered that conditions could be included within any consent for the development to comply with Planning for Bushfire Protection 2006. However, such conditions would include a requirement to provide a 10m wide defendable space around the facility and a 4m wide access track from Scotts Head Road. Due to the insufficient ecological assessment provided with the application, proper consideration to the ecological effects of the defendable space cannot be determined.
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 |
No |
The proposed development is permissible with consent. However, it is not considered to be consistent with one of the objectives of the zone which reads as follows: To minimise conflict between land uses within this zone and land uses within adjoining zones. The proposal is considered to be inconsistent with the above zone objective because its location does not minimise the visual impacts on surrounding properties as well as it would if it were located on another area of the site or on another location within the surrounding area. While it is acknowledged that the presence of telecommunication monopoles has become a regular occurrence within the rural landscape throughout the country in response to the increasing technological advances and expectations of society; it is considered that the proposal can be relocated so as to minimise the extent of visual impacts. |
5.5 - Development within the coastal zone |
No |
Under this clause, Council must not grant development consent to the proposal unless it has considered:
(b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account: (i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and (ii) the location, and (iii) the bulk, scale, size and overall built form design of any building or work involved, and (d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and (e) how biodiversity and ecosystems, including: (i) native coastal vegetation and existing wildlife corridors, and (iv) native fauna and native flora, and their habitats, can be conserved, and
Having regard to the above, it is considered that the proposal can be relocated on the site and to other locations within the surrounding area which will minimise its impacts on the scenic quality of the coast. Furthermore, insufficient information has been provided to determine the extent of ecological impacts of the proposed development. |
5.9AA – Trees or vegetation not prescribed by a development control plan |
Yes |
The Nambucca Development Control Plan 2010 (NDCP) is the only Development Control Plan 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 |
An acid sulfate soils management plan was submitted with the application. It is considered that the proposal can be undertaken in a manner which will not result in adverse environmental damage as a result of acid sulfate soil exposure. |
7.3 – Flood Planning |
Yes |
The Flood Planning Level (FPL) for the site is 5.002m AHD. The development footprint will be located within the FPL as it is approximately 2m AHD. To mitigate potential impacts on the infrastructure during a flood event it is proposed to raise the services above the FPL on elevated platforms. Having regard to this, the infrequent occupation of the development and the low hazard risk (flood fringe); it is not considered that the proposal is inconsistent with the flood hazard of the land, will not significantly adversely affect flood behaviour, will not pose significant risk to human life, will not result in any adverse environmental damage, and will not result in unsustainable social or economic impacts on the community. |
7.4 - Public utility infrastructure |
Yes |
Power will be extended to serve the development. |
7.6 - Earthworks |
Yes |
The proposed earthworks will not impact significantly on surface water flows, will not result in any significant impacts on the future uses on the land or redevelopment, will not impact any contaminated soil or the amenity of surrounding properties, and appropriate erosion control measures could be included within any consent. |
STATE ENVIRONMENTAL PLANNING POLICIES
The proposed development is assessed against the relevant State Environmental Planning Policies (SEPP) in the following table:
State Environmental Planning Policy |
Complies |
Comments |
SEPP 44 - Koala Habitat Protection |
No |
In accordance with clause 7 of the SEPP, the applicant has provided an ecology report which was prepared by a suitably qualified person which identifies the site as ‘potential koala habitat. In accordance with clause 8 of the SEPP, before council can grant consent to the proposal it must satisfy itself whether or not the land is a core koala habitat. Council may satisfy itself as to whether or not land is a core koala habitat only on information obtained from a person with appropriate qualifications and experience in biological science and fauna survey and management. The submitted ecology assessment was prepared by such a person; however, it fails to confirm whether or not the land is core koala habitat. Instead, it states that further targeted surveys would be required to assess the occurrence of koalas. Having regard to the above, insufficient information has been provided to Council to determine if the land is core koala habitat in accordance with clause 8 and the applicant has advised that further information will not be provided. As such, it is not considered that Council is in a position to grant any consent to the proposal as it is contrary to clause 8. |
SEPP 55 - Remediation of Land |
Yes |
The land is not considered to be contaminated because there are no known previous uses or activities on the site that would have resulted in any contamination of the land and the proposal does not include a change of use of the land as referred to in clause 7. |
SEPP 62 - Sustainable Aquaculture |
Yes |
It is not considered that the proposed development will result in any adverse effects on oyster aquaculture development or a priority oyster aquaculture area because of the sites location from any of these areas. |
SEPP 71 – Coastal Protection |
No |
The matters for consideration outlined in clause 8 of the SEPP are similar to those within clause 5.5 of the NLEP 2010. For the reasons outlined earlier in this report when addressing clause 5.5; it is not considered that the proposal is consistent with clause 8 of the SEPP. |
SEPP (Infrastructure) 2007 |
No |
In accordance with clause 115 (3) of the SEPP, Council must take into consideration the site selection, design, construction and operating principles contained within the ‘NSW Telecommunications Facilities Guideline Including Broadband, July 2010’ (the guideline). The guideline states that telecommunication facilities must be consistent with the four principles which have been included within attachment 4. The proposal is assessed against the four principles from the guideline as follows: Principle 1: A telecommunications facility is to be designed and sited to minimise visual impact
The proposal is considered to be contrary to principle 1(b), (e), and (g) which require: · The visual impact of telecommunications facilities to be minimised. · A telecommunications facility to be located and designed to respond appropriately to its rural landscape setting. · A telecommunications facility is to be located so as to minimise or avoid the obstruction of a vista or a panorama, whether viewed from public or private land. It is acknowledged that for any telecommunications monopole to be effective, it must extend above the surrounding landscape in order to provide coverage to the area. With this being the case, a telecommunications monopole will always be visible from somewhere within the surrounding area. However, having regard to the above components of principle 1, it is considered reasonable to expect that the location of a new telecommunications monopole will be in the least obtrusive position as possible given their visual prominence. With regards to Scotts Head and the information provided by the applicant in relation to their identified search area, it is considered that there are alternative locations for the proposed monopole which would minimise its visual impact by eliminating views of the monopole from residents to the south and reducing its prominence when viewed from the north (Scotts Head urban area). It is considered that by locating the monopole approximately 150m towards the south-western corner of the development site from the proposed location, it will not be visible by residents to the south and it will sit below the skyline of the surrounding hills when viewed from the north. While the applicant agrees that this location would result in reduced visual impacts, they discounted this site due to civil costs and design works which would be required. While the applicants position is contrary to principle one as their proposed siting does not minimise visual impacts; the applicant has the ability to locate the proposal on an adjoining lot at 987 Scotts Head Road which has the potential to result in less civil costs, environmental damage, visual and flooding impacts then the proposed location. The applicant has discounted this site due to it being outside the identified search area by a “minimal distance”. This is despite stating in section 4 of the statement of environmental effects that the objective is to locate a monopole “within or adjacent to the identified search area in order for the facility to be feasible”. It is also considered that the applicant only investigated the area of the site suggested by the owner; as there are other areas of the site which are within the same proximity to Scotts Head as other locations identified as suitable by the applicant. The land owner has advised that he is willing for further investigations to be undertaken. It is also noted that the applicant has not appropriately considered locating the development on Lot 2 DP 231485 – Vista Way, Scotts Head on which Councils existing water tower is located. The site is as high as the proposed monopole. The applicant has confirmed that a 15m high monopole would be required at this location which would not be incompatible with the height and bulk of the existing water tower. The applicant has discounted this site as they consider it will result in strong community pushback and because they believe that it would not be compliant with the principles of the guideline. However, it is not considered that an assumption of potential community pushback is a sufficient reason not to investigate this option. Given the extent of community objection to the previous and current proposal, it could be the case that there is less community objection to the use of the water tower site. Furthermore, it is considered that the use of the water tower site would result in a proposal which is more compliant with the guidelines principles than the proposed site. Principle 2: Telecommunications facilities should be co-located wherever practical
The proposal is considered to be contrary to principle 2(b) which requires: · Overhead lines, antennas and ancillary telecommunications facilities should, where practical, be co-located or attached to existing structures such as buildings, public utility structures, poles, towers or other radio communications equipment to minimise the proliferation of telecommunication facilities and unnecessary clutter. The proposed development is considered to be contrary to this principle as there is the opportunity to mount/co-locate the development on the water tower at Vista Way, Scotts Head or erect a new tower adjacent to it to avoid water tower maintenance issues. Such colocation would result in less visual and environmental impacts compared to the current proposal, would result in lower civil costs, and would comply with the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) Electromagnetic Energy (EME) exposure limits. Principle 3: Health standards for exposure to radio emissions will be met ARPANSA is the Commonwealth body charged with the responsibility for establishing standards that protect the health and safety of the community. ARPANSA has established a radiation protection standard specifying limits for general public exposure to radio frequency transmissions at frequencies used by wireless base stations. The Australian Communication and Media Authority (ACMA) mandates the exposure limits of the ARPANSA standard. An EME Environmental Report has been submitted with the development application which demonstrates that the proposed development will comply with the ACMA limits for electromagnetic radiation exposure levels. The report indicates that the proposal will not exceed more than 0.2% of the maximum exposure limits. It is not considered that the proposal is contrary to this principle. Principle 4: Minimise disturbance and risk, and maximise compliance
The proposal is considered to be contrary to principle 4(k) and (l) which requires: · Disturbance to flora and fauna should be minimised and the land is to be restored to a condition that is similar to its condition before the work was carried out. · The likelihood of impacting on threatened species and communities should be identified in consultation with relevant state or local government authorities and disturbance to identified species and communities avoided wherever possible. In response to this principle, the applicant has stated that there are no threatened species which will be impacted by the proposal. However, as outlined earlier in this report, the submitted ecological assessment identifies that the development will impact on threatened species and communities. Given that there are alternate locations which would result in reduced impacts on these species, the proposal is considered to be contrary to this principle. |
(a)(ii) The provision of any draft environmental planning instrument (EPI)
Council is required to take into consideration the provisions of any draft environmental planning instrument that “is or has been the subject of public consultation” and that has been notified to Council. For the purposes of the subject application, this includes the draft State Environmental Planning Policy (Coastal Management) 2016, which seeks to protect and manage coastal areas, and a review of State Environmental Planning Policy 44 – Koala Habitat Protection, which seeks to better protect koala habitat through the development assessment process.
Council currently has an amendment to the Nambucca Local Environmental Plan 2010 in the process of being gazetted. However, the content of this amendment does not impact the proposal as the relevant aspects which apply to the land are limited to alterations to the land use table.
The proposal is considered to be contrary to the draft koala habitat protection SEPP because it requires an applicant to establish whether a site contains koala habitat following an assessment of the vegetation. Where koala habitat is established, further assessment will be required to determine if koalas are present before an application is submitted. As outlined earlier in this report, the submitted ecological assessment fails to confirm whether or not the land is core koala habitat. Instead, it states that further targeted surveys would be required to assess the occurrence of koalas. Given this insufficient information, the proposal is considered to be inconsistent with the draft koala habitat protection SEPP.
For the same reasons outlined earlier in this report with regards to SEPP 71 – Coastal Protection, the proposed development is also considered to be contrary to the draft State Environmental Planning Policy (Coastal Management) 2016.
(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:
Part |
Complies |
Comments |
Notification and advertising (Part A) |
Yes |
The application was notified and advertised in accordance with Part A of the DCP. 46 submissions were received and have been included within attachment 5. |
Environmental context (Part A) |
Yes |
All relevant matters for consideration under this part have been considered elsewhere in this report. |
Car Parking (Part C) |
Yes |
This part does not specify minimum parking requirements for the development. However, given the size of the site and the proposed use, it is considered that there is sufficient room on site for the parking of all vehicles associated with the development. Given the increased usage of the existing entrance, any consent should include a condition requiring the existing entrance to be sealed in accordance with Council standards. |
Sediment and erosion control (Part D) |
Yes |
All works to be undertaken as part of any consent could be subject to a condition of consent requiring the installation of adequate erosion and sedimentation devices which would ensure consistency with Part D of the DCP. |
Rural and environmental development (Part F) |
Yes |
The proposal is not considered to be contrary to any provision of this part. |
Waste Minimisation And Management (Part N) |
Yes |
Conditions could be included within any consent for the development to comply with this part. |
(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:
|
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. |
No |
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. Having regard to the above and the comments made in relation to the proposals inconsistency with the above mentioned environmental planning instruments earlier in this report; it is also considered that the proposal is inconsistent with the 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 |
Comments |
Context and Setting |
As outlined earlier in this report, it is considered reasonable to expect that the location of a new telecommunications monopole will be in the least obtrusive position as possible given their visual prominence. Given that there are alternative locations for the proposed monopole which would minimise its visual impact by eliminating views of the monopole from residents to the south and reducing its prominence when viewed from the north; it is not considered that the proposal is appropriate with regards to its context and setting. |
Electromagnetic Energy (EME) |
The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) is the Commonwealth body charged with the responsibility for establishing standards that protect the health and safety of the community, including the Radiation Protection Standard. ARPANSA states that the standards which protect people from EME exposure do not set any distances between mobile base station locations and areas which may be considered to be sensitive because arbitrary distances do not necessarily reflect a precautionary approach.
The Radiation Protection Standard 2002 prescribes ‘fundamental limits designed to ensure that known health effects do not arise from exposure to radiofrequency fields.’ The considered scientific opinion about possible health effects from the proposed development is that ‘the weight of national and international scientific opinion is that there is no substantiated evidence that radio frequency emissions associated with living near a mobile phone base station or telecommunications tower poses a health risk’. The above originates from the Australian Radiation Protection and Nuclear Safety Agency and the Committee on Electromagnetic Energy Public Health Issues Fact Sheet No.9 – What about base stations and telecommunications towers – are there any health effects?
ARPANSA has undertaken a number of surveys of environmental radiofrequency EME levels arising from mobile phone base station antennas. The most recent ARPANSA coordinated survey was undertaken in 2007–08. Results show that actual measured values, including ‘cumulative’ effect were much lower than levels permitted by the Radiation Protection Standard. As outlined earlier in this report, the proposed telecommunications facility will not exceed more than 0.2% of the maximum exposure limits.
Reference is also made to Telstra Corporation Limited v Hornsby Shire Council 2006 148 LGERA 124. This case dealt with the application of the precautionary principle in the case of emission of radiofrequency EME. Telecommunications carrier, Telstra, proposed to address inadequate mobile coverage in the suburb of Cheltenham by building a mobile base station. Council refused the application and Telstra appealed to the Land & Environment Court of NSW and the Court upheld the appeal. |
Access, Transport and Traffic |
Sufficient access is available for the proposed development. |
Utilities |
Electricity will be extended to the site, with the proposal resulting in greater telecommunication coverage within the locality. |
Heritage |
In accordance with the Due Diligence Code of Practice (the code), there are no relevant confirmed site records or other associated landscape feature information on AHIMS, and no other sources of information available where a person is already aware of Aboriginal objects. However, the location of the proposed development is identified as a landscape feature under step 2 of section 8 of the code as it is within 200m of waters and is not disturbed land as defined by the code. In accordance with steps 3 and 4 of section 8 of the code, alternate locations away from the landscape features need to be considered and if it is proposed to retain the proposal within proximity to the landscape feature; an archaeological assessment needs to be undertaken. Having regard to the above, the proposal can be relocated to an area which will not impact on any landscape features as specified by the code. Furthermore, an archaeological assessment undertaken by someone with expertise in locating and identifying Aboriginal objects has not been provided. In this regard, the proposal is considered to be contrary to the code and clause A5.6 of the Nambucca Development Control Plan 2010. Given an assessment has not been specifically requested from the applicant, clause A5.6 has not been listed as a reason for refusal. |
Soils |
The installation and maintenance of erosion and sedimentation controls could be included as part of any consent. |
Flora and Fauna |
Addressed earlier in this report. |
Waste |
The storage and disposal of waste during construction could be suitably undertaken as part of any consent. |
Noise and Vibration |
Construction hours and operational noise could be maintained at a suitable level. |
Natural Hazards |
Sufficient access and defendable space could be provided as part of any consent. The proposal has been appropriately designed to mitigate flooding impacts. |
Social Impact in the Locality |
Having regard to the above, it is considered that the proposal will result in negative social impacts as its location and design does not minimise the visual impacts of the proposal compared to alternate locations. Furthermore, sufficient information has not been provided to demonstrate that the proposal is unlikely to impact any Aboriginal objects. While the proposal will provide a positive social impact on the locality by providing increased mobile phone coverage; it is not considered that this outweighs the above two matters, which is supported by legislation as referred to elsewhere in this report. |
Economic Impact in the Locality |
The proposal will provide positive economic benefits to the locality due to the increased opportunities expanded and reliable mobile phone coverage provides. However, a proposal of this nature has the potential to reduce property values. Having regard to the above mentioned social impact resulting from a location which does not minimise the visual prominence of the proposal; it is considered that any property value impacts as a result of the proposal would be unreasonable as the visual impacts which would cause the reduction can be minimised. |
(c) The suitability of the site for the development
As outlined earlier in this report, given the visual impacts associated with the proposal could be minimised if it were located in an alternate location and the insufficient information to determine if the proposal will result in any significant impacts on threatened species, populations or ecological communities, or their habitats; it is not considered that the site is suitable for the proposed development.
d) Any submissions made in accordance with this Act or the Regulations
The development application was notified to 149 surrounding properties and an advertisement was published in the local newspaper. The notification period was 28 days from 17 August 2017 until 14 September 2017. Submissions received up to the finalisation of the report have been taken into account during the assessment of the application, with 46 submissions received. 2 of those submissions were in favour of the development.
The following is a summary of the matters raised in the submissions received:
Summary of Matters Raised |
Reporting Officers Comment |
The tower will interrupt the landscape. It will be unsightly and visible to all visitors and locals of the region. The area is well known for its uninterrupted beach and bush landscapes. The retention and enhancement of this landscape is vital for the town to thrive. The tower is not compatible with the local environment. |
As addressed earlier in this report, it is acknowledged that for any telecommunications monopole to be effective, it must extend above the surrounding landscape in order to provide coverage to the area. With this being the case, a telecommunications monopole will always be visible from somewhere within the surrounding area. However, it is considered reasonable to expect that the location of a new telecommunications monopole will be in the least obtrusive position as possible given their visual prominence. It is not considered that this is the case for the proposed development. |
The development will threaten existing native fauna and impact the habitat of native fauna. |
As addressed earlier in this report, insufficient information has been provided to determine whether or not the proposal will result in any significant impacts on threatened species, populations, or ecological communities or their habitats as required by section 5A(1) of the act. |
The location is close to residential premises, the local school, a playground, an oval and workplaces, which are actively occupied. The level and effect of exposure to EME emitted from telecommunications towers remains subject to debate. The long-term impacts of exposure (including leukaemia, cancer, increased rate of miscarriages etc) remains unproven and yet to be fully studied. These concerns cannot be dismissed as they relate to feelings and perception, not just science. |
The proposals EME levels will be less than 0.2% of the maximum exposure limits set by ASPANSA. Having regard to this and the case law presented in Telstra Corporation Limited v Hornsby Shire Council 2006 148 LGERA 124, it is not considered that Council would be successful defending any decision to refuse the application based on EME levels. |
There is no evidence that enhanced telecommunications services are essential to the liveability of the surrounding communities or that the residences and local economies will benefit from improved communication services. |
Improved communications coverage provided by the proposal is becoming a community expectation during everyday life and emergency situations. The general consensus during public notification of this and previous proposals is that the community wants improved coverage; however, wants it with minimal impacts. |
There is no detailed consideration of alternative sites, or discussions re avoiding community sensitive locations; minimising exposure to public; availability of land and public utilities; radio interference of the planned service to other services. |
The applicant responded to Councils request for additional information during the assessment process with a document which addressed the potential of alternate sites. This has been included within attachment 3. As addressed earlier in this report, there are alternate locations which are considered more suitable for the proposed development. |
The proposed structure will exceed by more than 3 times, the building height limit as set out in NLEP 2010 for RU1 zoning and is considered to be a heavy industry which is prohibited on the land. |
There is no maximum building height specified for the land under the NLEP 2010. Furthermore, the proposal is defined as a ‘telecommunications facility’, not ‘heavy industry’. |
The proposed development is located in a stated Acid Sulphate Soil, class 2 area |
Addressed earlier in this report. |
Many houses will lose value as the tower will impede their view. There are many houses that have the oval as an amphitheatre and their views look towards the proposed location. The tower will impact on their view which is an important aspect in house valuation. |
Having regard to the social impact resulting from a location which does not minimise the visual prominence of the proposal; it is considered that any property value impacts as a result of the proposal would be unreasonable as the visual impacts which would cause the reduction can be minimised. |
The tower is too close to Scotts Head Public School and Buz Brazel Oval. |
It is not considered that Council can refuse the development application based on EME levels at either of these locations as they will be well below the maximum exposure limits. However the proposal will be visible as addressed elsewhere in this report. |
The proposal is inconsistent with the planning principle created by the NSW Land and Environment Court in Davies v Penrith City Council [2013] NSWLEC. |
It is agreed that this planning principle which sets criteria for assessing impact on neighbouring properties is relevant, with the proposal being inconsistent with the majority of them. This principle would be used by Council in any appeal to the recommendation. |
A site plan showing the correct location of the tower has not been submitted. |
A site plan illustrating the correct location of the proposed development on the site was submitted with the application. |
The tower could potentially pose a catastrophic risk to residents in the event of a bushfire. |
The proposed tower would increase communications during an emergency which will aid in prompt evacuation. Given the tower will be earthed; it may reduce the number of lightning strikes which hit the earth which would minimise bushfire ignition. |
There has not been any information given to the local community regarding this development. |
Outlined earlier in this report. |
Support the proposal as except for a few parts within Scotts Head, there is no reliable mobile phone service in the area.
There is a growing need for mobile communication, most importantly as a means of contact during emergencies such as fire and storm events.
Community Service people have a legal requirement that mobile phone service be available when they are giving in-home support to their clients. That means some of our residents cannot be assisted at home.
Twenty years ago, a mobile phone was a handy back-up. These days, it is becoming more of a necessity. |
Agreed. However, an alternate location which better addresses the issues raised throughout this report can still provide sufficient coverage. |
(e) The public interest
As outlined throughout this report, it is considered that the proposal is contrary to the public interest because it will result in significant impacts on the natural, social, and economic environments of the site and locality which can be minimised.
CONSULTATION:
Public and Local Aboriginal Land Council Consultation - The application was notified and advertised in accordance with Part A of the DCP. 46 public submissions were received. No response was received from the Local Aboriginal Land Council.
SUSTAINABILITY ASSESSMENT:
Environment
Addressed earlier in this report.
Social
Addressed earlier in this report.
Economic
Addressed earlier in this report.
Risk
There is potential for the application to appeal the recommendation in the Land and Environment Court. However, given the above mentioned inconsistencies with the relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979; it is considered that the recommendation would be successful in any such appeal.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
N/A
Source of fund and any variance to working funds
N/A
Service level changes and resourcing/staff implications
N/A
47329/2017 - Attachment 1 - Statement of Environmental Effects |
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47328/2017 - Attachment 2 - Development Plans |
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47327/2017 - Attachment 3 - Corospondance During Assessment |
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47326/2017 - Attachment 4 - Guideline Principles |
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47325/2017 - Attachment 5 - Submissions |
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47324/2017 - Attachment 6 - Draft Conditions of Consent |
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Ordinary Council Meeting - 14 December 2017 Development Application DA2017/179 |
ATTACHMENT 6 - DRAFT CONDITIONS OF CONSENT
GENERAL CONDITIONS OF THIS CONSENT
Development is to be in accordance with approved plans
1. The development is to be implemented in accordance with the plans endorsed with the Council stamp, dated TBC, and set out in the following table except where modified by any conditions of this consent.
Plan Title |
Dwg No |
Prepared by |
Dated |
Site Layout |
S2368-P1 |
Visionstream |
12/7/17 |
Site Elevation |
S2368-P2 |
Visionstream |
12/7/17 |
In the event of any inconsistency between conditions of this development consent and the plans referred to above, the conditions of this development consent prevail.
Removal of Development
2. In the event the development is not required to be operational, it must be removed and the site restored to its predevelopment condition.
Noise Control
3. The LAeq noise level emitted from the development shall:
(a) Not exceed 5dB(A) above the background noise level (LA90), between 7am and 10pm on any day, when measured at the boundary of the premises and in the absence of the noise source under consideration.
(b) Not exceed the background noise level (LA90), between 10pm and 7am on any day, when measured at the boundary of the premises and in the absence of the noise source under consideration.
Measurements are to be carried out in accordance with the NSW Industrial Noise Policy and corrections are to be made to the above criteria for intermittent, tonal, impulsive and low frequency noise.
THE FOLLOWING CONDITION MUST BE COMPLIED WITH PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
Airspace
4. Prior to the issue of a construction certificate a report must be submitted to Council showing:
· Compliance with any relevant site and height requirements specified by the Civil Aviation Regulations 1988 and the Airports (Protection of Airspace) Regulations 1996 of the Commonwealth, and
· That it does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority Australia.
Note: See the Advisory Circular 139-08(0) entitled Reporting of Tall Structures issued by the Civil Aviation Safety Authority Australia in 2005 concerning this condition.
THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY BUILDING OR CONSTRUCTION WORKS COMMENCING
Construction Certificate
5. 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.
(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.
Public Liability
6. All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. A minimum of $20 million public liability insurance cover is to be maintained for the duration of the construction of the development. Council is to be nominated as an interested party on the policy. Council is not to be held responsible for any negligence caused by the undertaking of the works.
Reporting of Structure
7. The construction of the proposed tower is to be reported to the Aeronautical Information Service (AIS) of the Royal Australian Air Force (RAAF) in accordance with the Civil Aviation Safety Authority circular 139-08 reporting of tall structures.
Note: The report can be made at the following website https://www.raafais.gov.au/frame.htm?obstr_form2.htm.
Erosion & sediment measures
8. Erosion and sedimentation controls are to be in place in accordance with the Managing Urban Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009. Particular attention is to be given to the provision of the following sediment and erosion control measures:
a Temporary driveway from the edge of road to the building site;
b Temporary downpipes immediately that the roof has been erected;
c Silt fence or sediment barrier.
Note: Council may impose on-the-spot fines for non-compliance with this condition.
Erection of Signs
9. A sign must be erected on site in a prominent position containing the information prescribed by Clause 98A (2) of the Environmental Planning & Assessment Regulation 2000 being the name, address and telephone number of the Principal Certifying Authority for the work, and name of the principal contractor for the work and telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the site is prohibited. This sign must be maintained on site while work is being carried out and removed when the work has been completed.
THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION
Building Code of Australia
10. All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate was made.
Construction times
11. 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
Approved Plans to remain on site
12. A copy of the approved Construction Certificate including plans, details and specifications must remain at the site at all times during construction.
Builders rubbish to be contained on site
13. All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.
Maintenance of sediment and erosion control measures
14. Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.
Shoring and Adequacy of Adjoining Property
15. If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:
(a) Protect and support the adjoining premises from possible damage from the excavation, and
(b) Where necessary, underpin the adjoining premises to prevent any such damage.
Discovery of a Relic
16. The development is to proceed with caution. If any Aboriginal objects are found, works are to stop and the NSW Office of Environment and Heritage (OEH) notified. If human remains are found work is to stop, the site is to be secured and the NSW Police and OEH are to be notified.
Driveway Inspections
17. The following inspections are required to be carried out by Council in regard to driveway construction works within the public road reserve:
(a) Pre and reo prior to undertaking concrete or bitumen sealing works; and
(b) Final completion.
Note: Council requires a minimum 48 hours’ notice to undertake each inspection. Inspections are done on a Tuesday or Thursday between 7.30 – 12.00 and 1.30pm - 3.30pm preferably. Inspections outside these times can be arranged in liaison with Council. You will need to quote your development application number when contacting Council to arrange an inspection and ensure all fees have been paid and a Certificate of Currency for Public Liability in the name of the company and/or person doing the work has been supplied to Council.
Driveway Works
18. The work is to proceed as quickly as reasonably possible and is to be done in such a manner that the minimum of inconvenience to pedestrian or vehicular traffic is caused and care must be taken for pedestrian safety both during and after construction.
Where any of the work involved in constructing the access is carried out on the roadway, appropriate signage and traffic control is to be provided. Applicants are to be familiar with and conform to the requirements of AS1742.3-2002, Traffic Control Devices for Works on Roads and in particular any traffic controllers are to possess a Traffic Control (Flagman) Certificate.
Any works on a Public Road Reserve are classified as High Risk Construction as defined in the Work Health and Safety Act 2011. All works is to be carried out in accordance with this Act and Work Health and Safety Regulation 2011 copies of which may be obtained from WorkCover.
For the purposes of the Work Health and Safety Act 2011 “the applicant” will be the Principal Contractor.
THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO OCCUPATION OF THE BUILDING
Occupation Certificate
19. The development shall not be used or occupied until an Occupation Certificate has been issued by the Principal Certifying Authority.
Works to be completed
20. All of the works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate.
Rural Driveway
21. Prior to the issue of an Occupation Certificate or use of the development (whichever occurs first), construct a driveway in accordance with Council’s “Requirements for Rural Driveway Construction” plans, drawing numbers F.007.1 and F.007.2 (attached), or in accordance with any other approval granted by Council.
Note: Where the existing road is sealed, the driveway must also be sealed from the edge of the existing road seal to 3m within the subject land.
External Colour
22. External building materials are to incorporate the use of a muted, natural colour that will blend with, rather than stand out from, the landscape.
Electromagnetic Emissions
23. Prior to the commencement of use of the development the following must be submitted to Council:
· A report in the format required by the Australian Radiation Protection Nuclear Safety Agency that shows the predicted levels of electromagnetic energy surrounding the development comply with the safety limits imposed by the Australian Communications and Media Authority and the Electromagnetic Radiation Standard, and
· A report showing compliance with the Australian Communications Industry Forum Industry Code entitled CIF C564:2004 Deployment of Mobile Phone Network Infrastructure.
Bushfire Protection
24. The following conditions are required for compliance with Section 79BA of the Environmental Planning and Assessment Act 1979:
(a) Asset Protection Zones
At the commencement of building works and for the life of the development, the land for a distance of 10m around the development shall be managed as an inner protection area as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones’.
(b) Utilities
Electricity supply is to comply with Section 4.1.3 of ‘Planning for Bushfire Protection 2006’.
(c) Access
Property access roads shall comply with Section 4.1.3(2) of ‘Planning for Bushfire Protection 2006’.
Damage to Council’s Infrastructure
25. Where any damage occurs to Council’s infrastructure during construction, the principal contractor shall replace or make good the damaged infrastructure before the occupation certificate is issued.
REASONS FOR CONDITIONS
· To ensure that the proposed development:
(a) achieves the objectives of the Environmental Planning and Assessment Act 1979;
(b) complies with the provisions of all relevant Environmental Planning Instruments;
(c) is consistent with the aims and objectives of Council’s Development Control Plans, Codes and Policies.
· To ensure the protection of the amenity and character of land adjoining and in the locality of the proposed development.
· To minimise any potential adverse environmental, social or economic impacts of the proposed development.
· To ensure that all traffic, car parking and access requirements arising from the development are addressed.
· To ensure the development does not conflict with the public interest.
ITEM 9.9 SF2293 141217 2017 November - Approved Construction and Complying Development Certificates
AUTHOR/ENQUIRIES: Candice Lopez, Business Service Officer
Summary:
The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of November 2017 as at 5 December 2017.
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That the Construction and Complying Development Certificates approved for November 2017 be noted and received for information by Council.
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46977/2017 - CCs and CDs Approved - November 2017 |
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Ordinary Council Meeting - 14 December 2017 2017 November - Approved Construction and Complying Development Certificates |
ITEM 9.10 SF2293 141217 2017 November - Development and Complying Development Applications Received
AUTHOR/ENQUIRIES: Candice Lopez, Business Service Officer
Summary:
Council at its meeting 16 January 2014 resolved:
“That Council endorse the method of reporting Construction and Complying Development Certificates as presented to the 16 January 2014 meeting and further that the General Manager investigate the possibility of reporting Development Applications lodged in previous month.”
Attached is a list of Development Applications and Complying Development Applications received in November 2017 as at 5 December 2017. |
That the Development Applications and Complying Development Applications received in November 2017 be received for information. |
46976/2017 - DAs and CDs Received - November 2017 |
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Ordinary Council Meeting - 14 December 2017 2017 November - Development and Complying Development Applications Received |
Ordinary Council Meeting 14 December 2017
ITEM 10.1 SF251 141217 Schedule of Council Public Meetings end 2017 and beginning of 2018
AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant
SUMMARY:
The following is a schedule of dates for public Council meetings to be held in 2017 and early 2018. The meeting dates may change from to time and this will be recorded in the next available report to Council.
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That the schedule of dates for Council meetings in 2017 and beginning of 2018 be noted and received for information by Council. |
MEETING |
DATE |
VENUE |
COMMENCING |
On-site Inspection |
14 December |
1079 Scotts Head Road |
???? |
On-site Inspection |
14 December |
???? |
???? |
Land Development Committee Meet |
14 December |
Council Chambers |
3.30 PM |
Ordinary Council Meeting |
14 December |
Council Chambers |
5.30 PM |
Ordinary Council Meeting |
18 January |
Council Chambers |
5.30 PM |
Traffic Advisory Committee |
6 February |
Committee Room |
10.30AM |
Clean Energy Committee |
8 February |
Council Chambers |
10.30AM |
Ordinary Council Meeting |
8 February |
Council Chambers |
5.30 PM |
Vehicular Access to Beaches Committee |
9 February |
Council Chambers |
1.30 PM |
NSW Rural Fire Service SLA Meeting |
21 February |
NEOC Building |
9.00 AM |
Ordinary Council Meeting |
22 February |
Council Chambers |
5.30 PM |
Access Committee |
27 February |
Council Chambers |
2.00 PM |
Ordinary Council Meeting 14 December 2017
ITEM 10.2 SF2368 141217 Investment Report to 30 September 2017
AUTHOR/ENQUIRIES: Faye Hawthorne, Accountant
Summary:
The return on investments from 1 July 2017 to 30 June 2018 is currently estimated to be $1,015.813.
The original budget allocation for the financial year “2017/18” is $979,000.
Council currently has $34.506 Million invested:
· $ 6.225 Million with Managed Funds · $ 2.188 Million with On Call Accounts · $ 22.093 Million on Term Deposits · $ 4.000 Million with Floating Rate Notes
This report details all the investments placed during November and Council funds invested as at 30 November 2017.
The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council Policy 1.9 – Investment of Surplus Funds
C P Doolan Responsible Accounting Officer
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That the Accountants’ Report on Investments placed to 30 November 2017 be noted.
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OPTIONS:
This report is for information only.
DISCUSSION:
This report details all the investments placed during November 2017 and Council funds invested as at November 2017.
Details below are the following report and graphs:
· Investments Matured & Interest & Returns 1 to 30 November 2017
· Investments Held at 30 November 2017
· Managed Funds, On/Call and Floating Rate T/D & Notes
· Term Deposits
· Monthly Investments Revenue Earned
· Weighted Average Return
.CONSULTATION:
Grove Research and Advisory
SUSTAINABILITY ASSESSMENT:
Environment
There are no environmental implications.
Social
There are no social implications.
Economic
Risk
That Council may not meet its budget returns for 2017/2018 based on current performance.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
A review of budgeted interest returns for 2017/2018 will be completed with the December 2017 Budget Review and GPG Research & Advisory will provide Council with the updated interest rates.
Source of fund and any variance to working funds
Interest on investments will be assessed with the December 2017 Budget Review. Variances will be distributed between the Water, Sewerage and General Funds for the financial year during the year.
Service level changes and resourcing/staff implications
Not applicable
Ordinary Council Meeting 14 December 2017
Assistant General Manager Corporate Services Report
ITEM 10.3 SF315 141217 Mary Boulton Pioneer Cottage and Museum Committee of Management - Annual General Meeting - 18 November 2017
AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant
Summary:
The report acknowledges the minutes of the Annual General Meeting (AGM) of the Mary Boulton Pioneer Cottage and Museum Committee of Management. A copy of the minutes and financial report are attached.
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That Council endorse the minutes of the Mary Boulton Pioneer Cottage and Museum Committee of Management Annual General Meeting held on 18 November 2017 and thank the outgoing Committee for their work in the past twelve months.
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OPTIONS:
There are no real options. Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.
DISCUSSION:
The AGM of the Mary Boulton Pioneer Cottage and Museum Committee of Management was held on 18 November 2017.
The Committee of Management for 2017/2018 comprises:
President Leanne Welsh
Vice President John Wood
Secretary/Treasurer Joy Lane
Research Officer Geoff Minett
Publicity Officer Leanne Welsh and Pat Kerr
CONSULTATION:
There has been no consultation in preparing this report.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications on the environment.
Social
There are no social implications.
Economic
There are no economic implications.
Risk
There are no risk implications.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There are impacts on current and future budgets.
Source of fund and any variance to working funds
There is no variance to working funds.
Service level changes and resourcing/staff implications
There are no changes or implications stemming from this report.
47417/2017 - 2017 AGM Minutes and Financials for Mary Boulton Pioneer Cottage and Museum |
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Ordinary Council Meeting - 14 December 2017 Mary Boulton Pioneer Cottage and Museum Committee of Management - Annual General Meeting - 18 November 2017 |
Assistant General Manager Corporate Services Report
ITEM 10.4 SF335 141217 Talarm Hall Committee of Management - Annual General Meeting - 16 November 2017
AUTHOR/ENQUIRIES: Lorraine Hemsworth, Executive Assistant
Summary:
The report acknowledges the minutes of the Annual General Meeting (AGM) of the Talarm Hall Committee of Management. A copy of the minutes and financial report are attached.
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That Council:
1 Endorse the minutes of the Talarm Hall Committee of Management Annual General Meeting held on 16 November 2017 and thank the outgoing Committee for their work in the past twelve months.
2 Advertise in the media and also write to the Talarm residents seeking support for the continued operation of the Talarm Hall Committee of Management.
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OPTIONS:
There are no real options. Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.
DISCUSSION:
The AGM of the Talarm Hall Committee of Management was held on 16 November 2017. At this meeting there was no President, Vice President or Secretary elected for 2017/2018. A Treasurer was elected.
Treasurer: Brooke Famsworth
It is recommended that Council place an advertisement in the media and write to the residents of Talarm seeking support for the continued operation of the Talarm Hall Committee of Management.
John Nebauer current President and Susan Nebauer current Secretary have offered to continue till the end of the present year to enable the Children’s Christmas Tree event to go ahead.
The Talarm Hall Committee of Management have a sub Committee – looking after Welsh Pioneer Park.
At Council’s meeting of 11 May 2017 it was resolved as follows:
216/17 RESOLVED: (Reed/Ainsworth)
1 That Council accept the proposal from Mr Geoff Brown, Coordinator – Volunteer Work at Welsh Pioneer Park for a Committee of Management comprising:
President: Geoff Brown
Secretary: Tonia Welsh
Members: Greg Welsh
Caleab Carter
2 That Council provide an annual indexed donation of $500 to the Talarm Hall Committee of Management to cover out of pocket expenses for the volunteers and the Hall Committee in maintaining the Welsh Pioneer Park.
3 That Ms Joy Lane be invited to contact Mr Brown in relation to descendants providing volunteer support in the maintenance of the Park.
CONSULTATION:
There has been no consultation in preparing this report.
SUSTAINABILITY ASSESSMENT:
Environment
There are no implications on the environment.
Social
Currently the operation of the Talarm Hall as a community facility is reliant on a Committee of Management. This will obviously not work without a functioning Committee.
Economic
There are currently no economic implications.
Risk
There are currently no risk implications.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There are impacts no current and future budgets, beyond the cost the recommended correspondence and advertising.
Source of fund and any variance to working funds
There is no variance to working funds.
Service level changes and resourcing/staff implications
There are currently no changes or implications stemming from this report. If the vacant positions on the Committee cannot be filled there may service level implications.
45347/2017 - Talarm Hall COM - AGM - 16 November 2017 |
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Ordinary Council Meeting - 14 December 2017 Talarm Hall Committee of Management - Annual General Meeting - 16 November 2017 |
Ordinary Council Meeting 14 December 2017
Assistant General Manager Engineering Services Report
ITEM 11.1 SF90 141217 Nambucca Shire Traffic Committee Meeting Minutes - 5 December 2017
AUTHOR/ENQUIRIES: Keith Williams, Manager Technical Services
Summary:
The agenda and minutes of the Nambucca Shire Traffic Committee meeting held on 5 December 2017 are attached for Council’s information and adoption.
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1 That Council endorse a road closure for the Queen’s Baton Relay between 8.45 am and 9.45 am on Friday 2 February 2018 in Wallace Street Macksville, between its intersections with Matilda and Station Streets
2 That advertising 7 days prior to the event is carried out by Nambucca Shire Council.
3 That Council note the temporary closure of the Macksville Aquatic Centre Car Park from approximately 8.00 am to 10.30 am to accommodate the Queen’s Baton Relay convoy and Baton Bearers.
4 That Council install No Parking signs at the eastern end of Nelson Street, Nambucca Heads.
5 That Council approve a request from the Lions Club of Nambucca Heads for the following temporary road closures on Australia Day, Friday 26 January 2018:
a) The access road through Gordon Park to hold the Australia Day event between 6.00 am and 6.00 pm. b) Wellington Drive ((from Gordon Park to the V Wall) for short periods only between 7.00 am and 10.00 am.
6 That Council approval for the Australia Day Carnival is subject to the following information being received by Council at least 2 weeks prior to the event:
· Certificate of Currency for Public Liability Insurance; · Traffic Management Plan confirming Accredited Traffic Controllers will be on site; and · Police and Roads and Maritime Services approval for the road closures.
7 That Council issue a further (2) year approval to Lions Club of Nambucca Heads for the same road closures subject to :
a) Reapplying every three (3) years for a subsequent three (3) year approval; b) Reapplying if there are any changes to the approved application ie times or route of the closures; c) Compliance with approved Traffic Management Plan and/or NSW Police instruction; d) Hold Current Certificate of Currency for Public Liability insurance; and e) Engagement of suitably qualified Traffic Controllers.
8 Council install No Parking signs in the manoeuvre area of the Stuart Island Boat Ramp.
9 That after reconstruction of Mann Street, Nambucca Heads between Bent Street and Centenary Parade, Council introduce the following changes to traffic management facilities:
a Replace the pedestrian crossing with a compliant pedestrian refuge island; b Remove the confusing cycle lane located on the kerb side of the westbound lane; c Widen both the west bound and eastbound carriageways; d Introduce a No Stopping zone at the frontage of properties between 137 and 151 Mann Street; and e Introduce edge lines 600mm from the both kerbs to allow additional room for cyclists riding in either direction.
9 That Council does NOT install a dedicated Disabled Parking Bay outside 54 High Street, Bowraville as requested by the property owner.
10 That Mr Mason be provided with information about resources that may be available for his use.
10 That Council does NOT install a Pedestrian Crossing opposite St Patricks Primary School to connect to 33 Macksville Heights Drive as requested, as the crossing does not meet the Australian Standards warrants for pedestrian crossing.
11 That Council note the Nambucca Shire Traffic Committee meetings will continue to commence at 10.30 am on the first Tuesday of every second month with the exception of October, and the dates are as follows:
6 February; 3 April; 5 June; 7 August; 9 October; 4 December 2018
12 That Council note that all business items for discussion at the Traffic Committee meeting are to be submitted to the Manager Technical Services in writing, together with any supporting documentation and recommendation, two weeks prior to the date of the meeting;
33 That Council note that any additional matter (deemed urgent by the Committee) be given consideration on the day; and that any non-urgent general business on the day will be tabled for consideration at the next meeting with supporting information and recommendation provided by the Committee member who raised the issue.
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OPTIONS:
Seek clarification or refer matters back to the Traffic Committee.
DISCUSSION:
The Roads and Maritime Services (RMS) are legislated as the organisation responsible for the control of traffic on all roads in New South Wales. Traffic is controlled by the installation of prescribed traffic control devices, such as regulatory signs, or traffic control facilities, such as medians.
The Local Traffic Committee (LTC) has no decision making powers and is primarily a technical review committee. It only advises the Council on matters for which the Council has delegated authority, being certain prescribed traffic control devices and traffic control facilities.
The Council must refer all traffic related matters to the LTC prior to exercising its delegated functions. Matters related to State Roads or functions that have not been delegated to the elected Council must be referred directly to Roads and Maritime Services or relevant organisation.
Council is not bound by the advice given by its LTC. However, if Council does wish to act contrary to unanimous advice of the LTC or when the advice is not unanimous, it must notify Roads and Maritime Services and the NSW Police and wait 14 days before proceeding.
The Nambucca Shire Traffic Committee meets every two months, generally on the first Tuesday of that month. The members of the Committee were contacted via email and determined a number of matters as per the attached Agenda and Minutes.
CONSULTATION:
Nambucca Shire Local Traffic Committee
SUSTAINABILITY ASSESSMENT:
Environment
No environmental impact as a result of the recommendations.
Social
The recommendations aim to achieve an acceptable road environment for drivers and pedestrians.
Economic
No economic impact as a result of the recommendations.
Risk
Risks associated with the recommendations have been balanced with available funding and public acceptance.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
Costs have been identified in the individual items
Source of fund and any variance to working funds
Working fund
Service level changes and resourcing/staff implications
Time associated with installation signs.
47199/2017 - Agenda - Nambucca Shire Traffic Committee_05122017 |
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47020/2017 - Minutes - Nambucca Shire Traffic Committee - 5 December 2017 |
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Ordinary Council Meeting - 14 December 2017 Nambucca Shire Traffic Committee Meeting Minutes - 5 December 2017 |
Ordinary Council Meeting - 14 December 2017 Nambucca Shire Traffic Committee Meeting Minutes - 5 December 2017 |
Clay Tyler – Roads and Maritime Services |
Owen Martin – NSW Police |
Greg Aitken – Roads and Maritime Services |
Keith Williams – Nambucca Shire Council |
Coral Hutchinson – Nambucca Shire Council |
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APOLOGIES
Sgt Tswi Shutte - NSW Police |
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CONFIRMATION OF MINUTES
120/17 RESOLVED: That the Committee note the adoption of the Minutes of the Meeting held 10 October 2017. |
Assistant General Manager Engineering Services Report
ITEM 4.1 SF90 051217 Application for Temporary Road Closure - Queen's Baton Relay 2 February 2018 |
121/17 RESOLVED:
1 That Council endorse a road closure for the Queen’s Baton Relay between 8.45 am and 9.45 am on Friday 2 February 2018 in Wallace Street Macksville, between its intersections with Matilda and Station Streets
2 That advertising 7 days prior to the event is carried out by Nambucca Shire Council.
3 That Council note the temporary closure of the Macksville Aquatic Centre Car Park from approximately 8.00 am to 10.30 am to accommodate the Queen’s Baton Relay convoy and Baton Bearers.
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ITEM 4.2 SF90 051217 Obstructive Parking - Nelson Street Nambucca Heads |
122/17 RESOLVED:
That Council install No Parking signs at the eastern end of Nelson Street, Nambucca Heads.
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ITEM 4.3 SF90 051217 Request for temporary road closure - Gordon Park Nambucca Heads Australia Day 26 January 2018 |
123/17 RESOLVED:
1 That Council approve a request from the Lions Club of Nambucca Heads for the following temporary road closures on Australia Day, Friday 26 January 2018:
a) The access road through Gordon Park to hold the Australia Day event between 6.00 am and 6.00 pm. b) Wellington Drive ((from Gordon Park to the V Wall) for short periods only between 7.00 am and 10.00 am.
2 That Council approval for the Australia Day Carnival is subject to the following information being received by Council at least 2 weeks prior to the event:
· Certificate of Currency for Public Liability Insurance; · Traffic Management Plan confirming Accredited Traffic Controllers will be on site; and · Police and Roads and Maritime Services approval for the road closures.
3 That Council issue a further (2) year approval to Lions Club of Nambucca Heads for the same road closures subject to :
a) Reapplying every three (3) years for a subsequent three (3) year approval; b) Reapplying if there are any changes to the approved application ie times or route of the closures; c) Compliance with approved Traffic Management Plan and/or NSW Police instruction; d) Hold Current Certificate of Currency for Public Liability insurance; and e) Engagement of suitably qualified Traffic Controllers.
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ITEM 4.4 SF90 051217 No Parking Restriction - Stuart Island Boat Ramp |
124/17 RESOLVED:
Council install No Parking signs in the manoeuvre area of the Stuart Island Boat Ramp.
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ITEM 4.5 SF90 051217 Extension of No Stopping Zone on Mann Street, Nambucca Heads |
125/17 RESOLVED:
That after reconstruction of Mann Street, Nambucca Heads between Bent Street and Centenary Parade, Council introduce the following changes to traffic management facilities:
a) Replace the pedestrian crossing with a compliant pedestrian refuge island;
b) Remove the confusing cycle lane located on the kerb side of the westbound lane;
c) Widen both the west bound and eastbound carriageways;
d) Introduce a No Stopping zone at the frontage of properties between 137 and 151 Mann Street; and
e) Introduce edge lines 600mm from the both kerbs to allow additional room for cyclists riding in either direction.
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ITEM 4.6 SF90 051217 Request for dedicated Disabled Parking Bay outside 54 High Street, Bowraville |
126/17 RESOLVED:
1 That Council does NOT install a dedicated Disabled Parking Bay outside 54 High Street, Bowraville as requested by the property owner.
2 That Mr Mason be provided with information about resources that may be available for his use.
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ITEM 4.7 SF90 051217 Request for Pedestrian Crossing outside St Patricks Primary School, Macksville Heights Drive, Macksville |
127/17 RESOLVED:
That Council does NOT install a pedestrian crossing opposite St Patricks Primary School to connect to 33 Macksville Heights Drive as requested, as the crossing does not meet the Australian Standards warrants for pedestrian crossings.
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ITEM 4.8 SF90 051217 2018 meeting dates for Nambucca Shire Traffic Committee |
128/17 RESOLVED:
1 That Council note the Nambucca Shire Traffic Committee meetings will continue to commence at 10.30 am on the first Tuesday of every second month with the exception of October, and the dates are as follows:
6 February; 3 April; 5 June; 7 August; 9 October; 4 December 2018
2 That Council note that all business items for discussion at the Traffic Committee meeting are to be submitted to the Manager Technical Services in writing, together with any supporting documentation and recommendation, two weeks prior to the date of the meeting;
3 That Council note that any additional matter (deemed urgent by the Committee) be given consideration on the day; and that any non-urgent general business on the day will be tabled for consideration at the next meeting with supporting information and recommendation provided by the Committee member who raised the issue.
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NEXT MEETING DATE
The next meeting will be held on 6 February 2018 commencing at 10.30am
CLOSURE
There being no further business the Chairperson then closed the meeting the time being 11.30am.
Keith Williams
(CHAIRPERSON)
ITEM 11.2 SF1676 141217 2017-18 Capital Works Program Monthly Report
AUTHOR/ENQUIRIES: Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets; Matthew Leibrandt, Manager Infrastructure Services; Keith Williams, Manager Technical Services; Richard Spain, Manager Water and Sewerage; Wayne Lowe, Manager Business Development; Michael Coulter, General Manager
Summary:
The summary of the entire 2017-18 Capital Works Program is located on the Council website and is attached. The capital works primarily associated within Engineering Services has been developed to be generally updated on the Council website within the first week of each month. Capital works administered by other departments has been included and staff will provide comment on their individual areas with respect to the progress.
In lieu of the quarterly budget review (QBR) reports the Capital Works are now reported monthly to Council through the Business Paper which is a more proactive approach to the review of the program and reporting of potential risks as they arise rather than after the fact as per a QBR report.
The update was placed on the website on Friday 8 December 2017 and is also attached. At the time of preparing this report $4,378,301 has been expended or committed funding (orders raised for goods) on the capital works program representing 28% of the allocation year to date.
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1 That Council receive and note the information pertaining to the progress of the 2017/2018 Capital Works Program for December 2017.
2 That Council allocate an additional $8000 from working funds to WO 3068 Alexander Drive open drain to complete works on Alexander Drive.
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OPTIONS:
No other options were considered with this report.
DISCUSSION:
A publicly available, rolling update of the progress of Council’s capital works program will be of assistance to the public, Council staff and Councillors in answering enquiries. It will also provide Council management with the opportunity to more proactively review the implementation of the program and potential risks.
At the time of preparing this report, the variations to budget endorsed by Council on 30 November have been made. Council endorsed the contract for the road rehabilitation works at the October meeting. The contract is across a number of road rehabilitation projects which commenced in November and will continue through to March completing a substantial amount of the capital road works.
There are no variations to the 2017/18 Program this month:
Road works:
The Manager Infrastructure Services and Manager Assets have reviewed the capital works program;
South Bank Road WO 3090 – Council were verbally advised by the AGMES at the Council meeting 30 November that a significant rain event occurred during construction in which 32mm of rain fell on the site in a very short period resulting in significant damage requiring rework on the pavement and table drains. The MIS has estimated that the work could incur an additional $30k due the storm event. This will be monitored and reported in a future capital works report once the costings have caught up in Authority with the payment of staff wages, plant and contractors
Drainage works:
The Manager Infrastructure Services and Manager Assets have reviewed the capital works program and advise that another $8000 is required to complete the works on Alexander Drive as the scope has changed from what was originally estimated for the budget.
Reason; Alexander Drive Drain WO 3068 – The original request was made through the Mayor on behalf of a resident and placed into MERIT for the cleaning of the open drain between 12 and 14 Alexander Drive for approx. 30m from the road for vermin and weed control. This was to be undertaken under the maintenance allocation.
As the matter progressed it was found that the new dwelling at No 12 had been approved by a private certifier under CD2011/644 and had run their stormwater drainage from the house into the open drain with the outlet at the invert of the open drain. The issue then changed from clearing the drain to stopping stormwater surcharging into No 12 during high intensity rain events. Even if Council cleaned out the open drain regularly, and increased its capacity, there will still be rain events that cause the dwelling to have issues of surcharging storm water. Council advised the owner that they would need to install a surcharge pit somewhere within the lawn between the dwelling and the outlet to the open drain which has now occurred.
The approved complying development plan illustrates the dwelling/driveway hardstand being drained by two table drains, one leading to a dam on the land to the rear of the dwelling and the other leading to Council’s drainage reserve. There is no record of a s68 approval to drain the stormwater to Council’s drainage reserve. On the WAE plans stormwater pipes are shown connecting the dwelling/driveway hardstand to Council’s drainage reserve. Technically speaking, a drainage plan should have been approved by Council under s68 of the Local Government Act 1993 and obtained prior to the certifier issuing a complying development certificate.
Council has a number of open drainage channels across the LGA and have set a program in place to within the long term financial plan and capital works program to progressively construct a concrete base to or line the drains to reduce long term maintenance. Council allocated $25,000 within the 2017/18 budget to line the open drainage channel in Alexander Drive to remove the long term maintenance; however due to the relatively flat gradient, the stormwater issue from the dwelling, additional work to stem the chance of surcharging by lengthening the concrete base was required.
The 2017/18 works program is in progress in accordance with the time parameters listed on the Council website.
Some variations to the time parameters have been made to the capital works to reflect where works are up to with planning, funding and weather intervention. At the time of preparing this report the following works have been completed or are in progress:
WORKS COMPLETED to date:
· Allgomera Road WO 1966 (awaiting contractor invoice)
· Valla Road (rural) WO 2217 (awaiting contractor invoice)
· Taylors Arm Road gravel resheeting WO 2383 (gravel invoices are still to be brought to account)
· Newee Creek Road gravel resheeting WO 3101
· MARCH Flood damage restoration works under NDR grant funding – Allgomera Rd (WO 3206), Bakers Creek Road (WO 3207), Birds Road (WO 3209) Carsons Road (WO 3211) Soldiers Settlers Road (WO 3223) Taylors Arm Road (WO 3226), Valla Road (WO 3228)
· James Park Bowraville WO 2843
· Gordon Park toilet block WO 2411-5092
· Water main replacement Siding Road WO 3141
· Water main replacement (various sections) WO 1834
· Bellingen Road WO 2393
· Footpath – McLeod to Hill Street WO 3073
· Shelly Beach boat ramp WO 2410
· Shelly Beach walking trail WO 3063
· Solar bin upgrades WO 2421
· Anderson Park sub soil drainage WO 3061
· Ferry Street shelter renewal WO 3059
· Scotts Head Road WO 2837
· Mann Street WO 2752
· Browns Bridge WO 2760
· Nash’s Bridge WO 3081
· No1 Lemans Bridge WO 3083
· McHugh’s Creek No2 WO 2762
· Thompson Street embankment WO 2392
· Old Coast Road – Interaction of Link Rd WO 1507
· Taylors Arm Hall Painting WO 2853
· Kerb and Gutter Valla Beach Road (State Forest & Henderson) WO 3070
· Footpath Scotts Head - McLeod Drive to Hill Street WO 3073
IN PROGRESS to date:
· Alexander Drive Drain WO 3068
· Missabotti Road gravel resheeting WO 3100
· Various flood damage restoration works
· Bellingen-Bowraville Road WO 2364:
· South Bank Road WO 3090 – Council were verbally advised at the Council meeting 30 November that a significant rain event occurred during construction in which 32mm of rain fell on the site resulting in significant rework required. The MIS has estimated that the work could incur an additional $30k due the storm event.
· The urban and rural road rehabilitation; is programmed from mid-November through to the end of March. Ferry Street rehabilitation WO 3094 has commenced and will be completed in December
· Various building works: The majority of the capital works allocated to buildings and the depot are presently in progress with orders raised and contractors engaged.
· Various parks and reserves works: The capital works allocated to parks and reserves are presently in progress in accordance with the program schedule.
· Car parks: Work on Coronation car park WO 3078
· Plant replacement; is proceeding to schedule as detailed on the website.
· Water and sewerage; the program is proceeding to schedule as detailed on the website.
CONSULTATION:
General Manager
Manager Water and Sewer
Manager Infrastructure Services
Manager Assets
Manager Technical Services
Finance staff
Engineering Services staff
Coordinators at the Works Depot
Coordinator of Strategic Planning and Natural Resources
SUSTAINABILITY ASSESSMENT:
Environment
There are no environmental issues associated with this report. Review of Environmental Factors have been undertaken for projects where required.
Social
There are no social issues associated with this report.
Economic
There are no economic issues associated with this report.
Risk
There are no direct risk issues associated with this report, the risk in delivering the program are external factors encompassing suppliers and weather.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
The capital works are funded within the adopted 2017/18 budget. There is a potential impact on the current budget with additional funds required to complete Alexander Drive open drain.
Source of fund and any variance to working funds
The variation outlined in the report is to funded from working funds
Service level changes and resourcing/staff implications
There are additional staff resources to prepare the reporting, however, the IT Department have assisted in automating the reports to remove the burden of manually having to go to each individual Work Order to retrieve the information.
47505/2017 - Capital Works Program 2017-18 as at 7 December |
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