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Cr Rhonda Hoban (Mayor) |
Cr John Ainsworth |
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Cr Martin Ballangarry OAM |
Cr Brian Finlayson |
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Cr Susan Jenvey |
Cr David Jones |
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Cr Janine Reed |
Cr Anne Smyth |
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Cr John Wilson |
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ALSO PRESENT
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Michael Coulter (General Manager) |
Paul Gallagher (Assistant General Manager Engineering Services) |
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Heather Leclercq (Minute Secretary) |
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DISCLOSURE OF INTEREST
General Manager Michael Coulter declared a non-pecuniary - significant conflict of interest in Item 9.10 under the Local Government Act as an objector to DA2017/272 is a member of Michael Coulter’s voluntary Surf Life Saving patrol at Scotts Head.
CONFIRMATION OF MINUTES - Ordinary Council Meeting
RECOMMENDATION:
That the following delegation be heard:
i Mr Lawrie Medbury – Roadside spraying of toxic chemicals on North Arm Road Girralong
PUBLIC FORUM
Mr Lawrie Medbury addressed Council relating to the use of toxic chemicals for roadside spraying along North Arm Road at Girralong and a copy of his letter dated 17 April 2018 received by Council on 19 April 2018 (TRIM 13772/2018) was provided to Councillors.
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
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ITEM 9.7 SF2460 260418 LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation |
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1 Council staff forward the planning proposal contained within attachment 1 to the Minister for gateway determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979.
2 If the Minister determines that the matter should proceed, Council staff undertake community consultation in accordance with the gateway determination.
3 Following community consultation, Council staff report the planning proposal back to Council for consideration of any submissions received and a final decision as to whether Council will proceed to make the planning proposal.
4 Council endorse the draft amendments to the Nambucca Development Control Plan 2010 (DCP) contained within attachment 2 and exhibit the draft DCP for 28 days pursuant to Part 3 of the Environmental Planning & Assessment Regulation 2000.
5 The draft DCP be reported back to Council following the completion of the exhibition period for consideration of any submissions received and a final decision as to whether Council will proceed to amend the DCP.
Amendment: (Finlayson/Ainsworth)
Council’s planning staff be requested to prepare further draft amendments to the LEP which will reflect the following provisions:
1 Horticulture in areas zoned RU1 and RU2 will be subject to a development application but no application will be required if landowner complies with following requirement, namely:
a no horticulture (including erection of netting) to take place within a radius of 100 metres of existing house on adjoining land
b the 100 metres is to be measured from that house, not the boundary
2 Horticulture in areas zoned R5 will be subject to a development application and any approval shall include inter alia the following provisions:
a where the property adjoins other land zoned RU1 or RU2 but where there is no existing house, no buffer will be required. No horticulture will be carried out within a radius of 100 metres of any existing house, the 100 metres being measured from the house, not the boundary
b where the property adjoins other land zoned R5 which is vacant no horticulture will take place (including erection of netting) within 20 meters of the boundary and that 20 metres shall contain a 10 metre vegetative buffer.
c No building envelope shall be permitted to be located within 40 metres of a boundary on the other side of which horticultural activities have been permitted.
d when the property adjoins land zoned R5 on which houses are located, no horticulture will be permitted within a radius of 50 metres of that house (such radius measured from the house) and there shall be a vegetative buffer provided along the boundary of the said radius within the land where horticulture is to take place.
3 The applicant will ensure that any operations on the property requiring the use of chemicals shall be under the supervision of a person who is the holder of a Farm Safety Management Certificate and an Agricultural Chemical Users Certificate.
4 No bird netting shall be erected anywhere in the shire of a colour other than black.
5 S149 Certificates issued by Council will be amended accordingly so that potential purchasers of property are put on notice of these requirements.
The motion was withdrawn and the amendment became the motion and it was:
AMENDMENT (Smyth/Jones)
That Council defer the matter to a workshop to enable consideration to be provided to the proposal put forward by Cr Finlayson.
167/18 resolved: (Smyth/Jones)
That Council defer the matter to a workshop to enable consideration to be provided to the proposal put forward by Cr Finlayson.
For the Motion: Crs Hoban, Ainsworth, Ballangarry, Finlayson, Jenvey, Jones, Reed, Smyth and Wilson Total (9)
Against the Motion: Nil Total (0) |
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169/18 RESOLVED: (Ainsworth/Reed)
That the list of outstanding actions and reports be noted and received for information by Council. |
Item 9.7 dealt with earlier in the meeting.
General Manager, Michael Coulter, left the meeting before the commencement of this item, the time being 6:49 PM.
General Manager, Michael Coulter, returned to the meeting at the completion of this item, the time being 6:50 PM.
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178/18 RESOLVED: (Ainsworth/Finlayson)
That the Council’s Ranger’s report for March 2018 be received and noted by Council. |
Assistant General Manager Corporate Services Report
Assistant General Manager Engineering Services Report
CLOSURE
There being no further business the Mayor then closed the meeting the time being 6.58pm.
Confirmed and signed by the Mayor on 17 May 2018.
Cr Rhonda Hoban
MAYOR
(CHAIRPERSON)