NAMBUCCA SHIRE COUNCIL

 

 

Ordinary Council Meeting - 21 August 2008

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 7 August 2008

5        DELEGATIONS—Motion to hear Delegations

6        ASKING OF QUESTIONS WITH NOTICE

7        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

8        General Manager Report

8.1     Outstanding Actions and Reports

8.2     IPART - Review of the Revenue Framework for Local Government - Issues Paper

8.3     Grant Application Status Report

9        Director Environment and Planning Report

9.1     Environment and Planning Applications Progress and Statistical Reports July 2008

9.2     Contract Regulatory Officer's Report July 2008

9.3     Report on Improving the NSW Planning System

9.4     Development and Complying Development Applications Received 26 July 2008 to 11 August 2008 and Applications where Submissions have been received

9.5     Minutes from the Nambucca River Estuary and Coastline Management Committee Meeting held on 23 July 2008

9.6     Report for determination of DA2004/136 - Community Title Rural Residential Subdivision - Lot 2 DP548175, 346 East West Road Valla  

10      Director Engineering Services Report

10.1   Waste Management - Climate Change

10.2   Greenwaste Agreement - Termination

10.3   State Emergency Services Annual Report    

 



Ordinary Council Meeting

21 August 2008

General Manager's Report

ITEM 8.1      SF959         210808         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager          

 

Summary:

 

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

 

 

Recommendation:

 

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

 

 

 

 

 

FILE NO.

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

MARCH 2007

1

QWN19

01/03/07

Floodgates Gumma

DES

Halted by wet weather.

The main floodgate has been installed and has created a freshwater wetland—damaged by storms—probable revote due to weather.  Main floodgate repaired.  Will require a dry winter to complete.

AUGUST 2007

2

QWN14

16/08/07

Walter Monro Place—gutter dropped

DES

Design in preparation

Grate and box drain proposed.  Design prepared.  Construction in August.

 

SEPTEMBER 2007

3

SF428

20/09/07

That Council vigorously pursue the exclusion of the Farmland Mapping from those areas already identified for rural residential development that are already fragmented or removed from primary production.  All affected property owners within the quota zoning to be directly notified.

 

DEP

Department of Planning advised by letter 12/10 that all previous 1(C) zoned land and land not identified as Class 1, 2 or 3 Agricultural Land within the "broken black line" in Council's LEP will be excluded from the farmland mapping project.  Six pockets still to be resolved. Which will be finalised after the Draft-Rural Residential Strategy is ratified by Council.

 

Draft RRS currently on exhibition.

Met with DoP 20/5 to further discuss Rural Residential & Farmland Mapping. Working towards a resolution.

 

DECEMBER 2007

4

SF639

06/12/07

That the skill levels of Council’s outdoor workforce be the subject of a further report.

MHR

April 2008.  Now deferred until receipt of PBP Review

 

5

SF791

06/12/07

Council apply to Minister and Governor to compulsorarily acquire certain lands from State Forests NSW following advice on a deed of agreement.

GM

Minister and Governor have now approved compulsory acquisition via land swap.  Acquisition to be confirmed in Government Gazette in 90 days.

6

QWN22

20/12/07

That Council recommence the reviewing of Council policies at the first works inspection in January 08—and then monthly

 

GM

Commenced.

7

SF1074

20/12/07

Draft workplace equity and diversity strategy to be submitted to ACAC, Community Services C'tee and Consultative C'tee for comment prior to determination by Council

 

GM

Report to Council December 2007.  Awaiting ACAC meeting on 17 June 2008.  ACAC minutes to be recorded.

ACAC minutes in Business Paper.

 

JANUARY 2008

8

SF261

17/01/08

Any communication between the RTA and Council relating to the upgrade of the Pacific Highway be minuted and reported to Council.

GM & DES

RTA to meet Old Coast Rd residents in Council Chambers 4.00 pm Wed 13 Feb 2008. No further contact as at 25/2/08.  Letter sent to RTA requesting their attendance at 2 public meetings.

RTA advised that the preferred route for Warrell Ck and design refinements up to Urunga will shortly be announced.  A meeting will be held after the announcement.

RTA briefed Council on 25 June 2008 on preferred route – Warrell Ck to Urunga.  Follow up letter sent to RTA on 2 public meetings.  The Mayor has written to the Minister regarding the inequity of “hardship” purchases where just terms compensation is not applied.

10 July 2008 the Minister for Planning approved the project application for the Kempsey to Eungai upgrade under Part 3A of the EPA Act 1979.

 

FEBRUARY 2008

9

 

07/02/08

Handrail at traffic lights required

DES

To be done in August.

 

MARCH 2008

10

6298/2008

20/3/08

Councillors be advised of potential contamination penalties which might be payable to Handybin for the Coffs Coast Waste Service.

 

DES

Report to Council in May 2008.

Discussed at contract meeting.  Domestic collection is satisfactory except for Gumbaynggirr Rd .  Audit to be done of transfer station waste as contamination is high.  No penalties at this time.

Working Party is developing an approach whereby the penalty increases with the level of contamination.

 

APRIL 2008

11

SF450

3/4/08

Council seek a breakdown of the administration levy and education provision for the Coffs Coast Waste Service

 

 

Cr Hoban advised 3/7/08 that there were still no leaflets available at the tip.

 

Cr Flack asked 3/7/08 if education costs were submitted?

 

DES

Advice has been sought from Coffs Harbour City Council.  No response at 22 May 2008.  No response as at 10 June 2008.

I advise that the administration charge breakdown remains unchanged from that outlined in Council’s letter of 28 May 2007 which in turn refers to Council’s letter of 6 November 2006.

 

Considering the increase in costs associated with the contract and CPI increases maintaining the fee at the current $4.55 per garbage service per annum the statistics and costings quoted in the breakdown of the three tables included in Coffs Council’s letter of 6 November 2006 have all increased but have been again utilised for the proposed fee in the 2008/09 financial year and have not been reworked to show the increases referred to above.  The breakdown of the details in reaching the $4.55 remains unchanged from those tables and the previous correspondence.

Council resolved to refer back to CH City Council.

Letter sent.

12

SF744

17/04/08

Rehabilitation Bonds Mac’scon – that Council again write to the Dept of Water & Energy giving them 30 days to concur with release of 2 bonds

 

DEP

Letter received from DWE and forwarded to Mac’scon.

Met with applicant’s consultant 22/5.  Currently working through DWE issues.

 

13

SF699

17/4/08

A report be brought forward on assessing the best arrangement for Town Services in subsequent years.

DES

Report December 2008.

MAY 2008

14

QWN 97

01/05/08

Sewerage from Teagues Ck to Pelican Park—costing for major works

DES

Review previous report.  Report in September.

 

15

QWN 103

15/05/08

Enviro Saver Program – further investigations

DEP

Onsite inspection and assessment for the retrofitting and installation arranged for late August/September 2008.

 

16

QWN 108

15/05/08

Newee Creek Rd maintenance

DES

Commenced in June and to be finalised in August.

 

17

QWN 109

15/05/08

Road maintenance—Valla Rd near Pades and corner near Willies

DES

Money will be allocated from minor improvements when new budget starts

Rehab pavement in October.

 

18

QWN 110

15/05/08

Bent St—large bump on road

DES

May need to install wick—18 August 2008.

 

19

QWN 111

15/05/08

Second Hand Shop at Newville—water coming off street into storage shed

DES

Design being costed and proposed to revise stormwater program to be included in 2008/09.  Works have commenced, k&g outstanding.  Letter to owner.

 

20

QWN 112

15/05/08

Missabotti Rd—spraying of vegetation

DES

Revisit in Spring for lantana & other vegetation growth.

 

21

QWN 113

15/05/08

Stormwater Drainage—Macksville Industrial Estate – easement required?

DES

Design being prepared for easement.  Owners consent received.  Preparation of survey plan underway.

 

22

SF285

15/5/08

That GM or Mayor take forward to MDGoC the Community Services Committee views on social inclusion; and that Council forwards a request to MDGoC to invite the Minister for Social Inclusion (Jenny Macklin) to attend one of their meetings to discuss the Federal Government’s social inclusion agenda.

GM

To be listed for next MDGoC meeting.

 

23

SF35

15/5/08

That as a 6 month trial, Council amend the GM’s delegations so as to provide authority for functions under Part 4 of the EPA Act except where objections have been received and the application is “called in” by any Councillor.

 

DEP

Review to occur in December 2008.

JUNE 2008

24

QWN 126

05/06/08

Light outside Aquatic Centre Macksville

DES

Requires new pole and flood lights. To be costed by Country Energy.  $15,000 - $20,000.  DO NOT PROCEED.

 

25

SF15

05/06/08

NoM – That a report be prepared on the provision of toilets at the Macksville saleyards

 

MBD

DES

Report in August

The sewage system at the showground is a small pump station at the existing toilet block that delivers the effluent via a small pipeline to the Macksville reticulation system.  Planning an extra toilet block at the Saleyards will require another pump station to connect to the showground pump station.  The estimated cost is:

Prefabricated toilet unit--$70K

Packaged pumpstation--$30K

Pipeline, 200m             --$10K

Electricity etc                --$ 2K

               TOTAL      $112,000

A new toilet block is not considered to be warranted for Saleyard use.

 

26

SF357

05/06/08

NoM – That Council investigate the establishment of a district map on the western wall of the pool complex as public art and apply funds set aside for the tourist office.

 

GM

Grant application made under Regional Arts Fund.

27

SF210

05/06/08

NoM - That the previous report on the Macksville Sewerage Treatment Plant Recycled Water for Renewable Resource be brought forward to Council for consideration.

 

DES

To Works Committee in September 2008.

28

SF793

05/06/08

NoM - Council write to the appropriate department and request a total ban on night netting on all Nambucca Shire Council beaches.

 

DES

Report on commercial fishermen to be prepared for Council after further consulting with the Department of Primary Industries.

29

SF755

05/06/08

GM or DES consult with Depot staff in relation to carrying out maintenance for the Rural Fire Service fleet.

 

DES

To be discussed with workshop staff.

30

SF844

19/06/08

Council send a delegation to the Minister for Water and Energy, the Hon. Nathan Rees to request confirmation of the Department’s subsidy for the Off River Storage Project.

 

GM

Letter written.

31

QWN 139

19/06/08

Status of $120,000 public art entry statements to Nambucca Heads

GM

Advice being sought from Nambucca Heads Chamber of Commerce

 

32

QWN 143

19/06/08

Blocked culverts on Rhones Creek Road

 

DES

Listed to be cleaned.

JULY 2008

33

QWN 150

03/07/08

Wash-away near Allan Proctor’s property on Rhones Creek

DES

Will be looked at same time as Brian Gaddes’ property.  To be assessed.

 

34

QWN 152

03/07/08

Reconstruction of Sturdee Street

DES

Programmed for September 2008.

 

35

QWN 156

03/07/08

Bakers Creek - resealing

DES

To be investigated and repaired.  Low priority.

36

Item 5.1

03/07/08

Withdrawal of Mobile Breast Screening Services

GM

Letter written.

37

Item 5.2

03/07/08

Copy of independent engineering consultant’s report to all Councillors

 

Progress report on works to Council

 

DES

Circularise consultant’s report.

 

To be included in Budget review.

38

Item 5.4

03/07/08

Amended Criteria for rural Residential Quota

 

DEP

Expressions of interest called with new criteria closing 1 Sept for the 40 Lots.

 

39

Item 5.5

03/07/08

That Council put the proposal of zoning land in R5 Large lot Residential in NLEP 2008 and including a clause that indicates that subdivision of such land must be in accordance with an adopted Rural Residential Strategy to the Minister of Planning.

 

DEP

Letter written 10 July 08.  No response at 11 August 2008.

40

Item 9.4

03/07/08

Bowraville Theatre – amended budget report

 

GM

Letter written.

41

Item 9.9

03/07/08

Council make representation to Minister for Lands seeking agreed compensation for subdivision of Reserve 91694

 

GM

Letter written.

42

Item 9.1

03/07/08

Council form working party to resolve conflicting issues surrounding the use of footpaths

 

DEP

Working party meeting to be arranged August/September.  To be deferred to after elections

43

Item 10.2

03/07/08

Works Depot Forward Plan—more detailed report re costing of works at the depot

 

DES

Report to Council in 27 August 2008.

44

Item 10.3

03/07/08

Urban drainage—report in relation to properties including consideration of installation of drainage in West St. Macksville

DES

Letter sent to West St properties advising them to keep the drainage channels free of obstructions.

Report to Works 27/8/2008.

 

45

Item 11.4

03/07/08

That a new plan of management be prepare for Faringdon Playing Fields

DES

Awaiting outcome of grant application.

 

46

QWN 161

17/07/08

Policies on discs

GM

Underway.

As of August 2008 all policies are on Council’s website—no need to be copied to disc

 

47

QWN 163

17/07/08

Regional Waste Meeting – climate change – has council or private contractor the obligation to account for the emissions generated from the waste.  Will this be raised at next regional waste meeting with CHCC & Bellingen council?

 

DES

Listed on next agenda of Coffs Coast Waste.

 

See report.

48

QWN 165

17/07/08

Overgrown vegetation – north Congarinni & Wilson roads

 

DES

Listed for slope mower program.

49

QWN 166

17/07/08

Road Base Repairs – Taylors Arm road near Johnston’s farm

 

DES

Listed.

50

QWN 159

17/07/08

RTA to be informed to attend to painted over speed signs at northern entrance to Macksville as when sun shines on road motorists can still see 100 kph through paintwork

 

DES

Letter sent.  No response.

51

QWN 167

17/07/08

RTA to be asked why there is no turning lane at the intersection of Bellevue Drive and the highway

 

DES

Letter sent.

No response.

52

QWN 168

17/07/08

When will work commence on North Congarinni Bridge & how long will bridge be closed

 

DES

Acting DES advised that the specification had not been finalised.

53

 

SF360

17/07/08

Plan & costings be prepared for the Argents Hill hall – smaller replacement building –v- repairing existing hall.

DES

Meeting with CoM to ascertain their requirements.  GM and Assets Officer met with 2 reps of CoM and Cr Flack on 8 August.  Report to October on options for demolition, repair, replace & hand over.

54

RF386

17/07/08

Council seek legal advice regarding withdrawing our interest from the rights of carriageway (Rhones Creek Road).  That Council seek legal advice as to its responsibilities as a beneficiary of the right of way.

DES

Advised from Land Titles referred to Solicitor for comment.

55

SF42

17/07/08

Revised Model Code of Conduct – seek co-operation of adjoining Councils to establish single conduct review committee – invite Mr Terry Perkins to participate – direction attention of staff to new Code – letter to all Committees of Management.

GM

Adjoining Councils notified.  Letter sent to Terry Perkins.  Remainder underway.

56

SF908

17/07/08

Request Minister for Planning for direction on a planning standard for sea level rise.

GM

Letter sent to Minister Sartor.

57

SF283

17/07/08

List of areas in Council administration centre requiring work to ensure compliance with relevant standard for access for people with disabilities be referred to Council’s technical officers for assessment and if necessary a report be prepared for Council or the Access Committee.

DES

Audit to be undertaken.

58

LF3891

17/07/08

Access to timber mill – Nambucca Heads.  Council retrieve any reports and resolutions in relation to the entry to the timber mill and determine who is responsible for the maintenance of the drain at the entrance gate.

DES

Report to October 2008 Council Meeting.

59

SF679

17/07/08

Waste Depot - Council tender for the weighbridge, gatehouse and associated infrastructure with the exception of road approaches which are to be undertaken by Council.  There be a further report to Council on the outcome of the tenders and a detailed costing of the roadworks.

DES

Specification underway.

60

SF825

17/07/08

That quarterly reports on Paveline operations be prepared and presented to Council.  That a further report be presented to Council identifying unit operating costs for the Paveline machine being the cost per cubic metre and the cubic metres applied per day.  Also local quarries to be advised in writing of our aggregate requirements.

DES

Report to 27 August 2008 Council Meeting.

AUGUST 2008

61

QWN 170

07/08/08

Road up to South Arm requires attention

DES

 

4.7km listed in Forward Plan for 2009/10 rehabilitation.

62

QWN 171

07/08/08

Dr Fennell’s Corner to be completed

DES

 

Contractor to be engaged by 15 August 2008.

63

QWN 172

07/08/08

Developers Refund (G & Y Wood) Scotts Head

DEP

 

Response letter send to applicant and waiting further advice.

64

QWN 173

07/08/08

How much stone moved from quarry to Valla

DES

 

To be determined.

65

QWN 174

07/08/08

Report on: Is tank water drinkable

DEP

 

Action sheet marked to DES in error.  Information to be circulated to Councillors 27 August 2008.

66

NoM

07/08/08

Council seek quotations from landscape designers to prepare, in consultation with Joan’s Army, a landscaping Masterplan for riverfront from the Bridge to the public toilets.

DES

Report November 2008

67

NoM

07/08/08

That Council invite GHD to address Council and introduce their Company and Project Team and provide an overview of their experience and expertise in late September following the Council elections.

DES

October Works

68

QWN 169

07/08/08

Donnelly Welsh Playing Fields – Illegal Clearing – Council receive a report on the outcome of the referral to the DECC and NRCMA.

DEP

Letter sent.

69

SF276

07/08/08

A report come back to Council on an amended Workplace Equity and Diversity Strategy which includes the designation of at least 2 positions for Aboriginal employment subject to the candidate being a suitable candidate.

GM

Report November 2008

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

21 August 2008

General Manager's Report

ITEM 8.2      SF770              210808         IPART - Review of the Revenue Framework for Local Government - Issues Paper

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Premier of NSW has asked the Independent Pricing and Regulatory Tribunal of NSW (IPART) to assist the Department of Local Government (DLG) by conducting a review of the regulation of council rates and charges in NSW.  IPART have now released an Issues Paper, titled, “Revenue Framework for Local Government” and invite comment on its content no later than 29 August 2008.

 

The Issues Paper is primarily concerned with the capacity of NSW local government in terms of revenue raising and to this extent is covering similar issues to the recent Productivity Commission Report commissioned by the Federal Government and before that the Allan Report commissioned by the Local Government and Shires Associations.

 

The report has suggested 5 options in relation to alternative rating arrangements, four of which involve the retention of rate pegging with even more convoluted reporting and approval arrangements than currently exist.  There is a fifth option to remove rate pegging but IPART notes that this is not supported by the Minister.

 

Nambucca Shire Council along with the LGSA should stand fast and express a preference for the removal of rate pegging (Option 5).

 

 

Recommendation:

 

That a submission be made to IPART, referring to the research and findings of the Allan Report and the recent Productivity Commission report, and advising that Council seeks the removal of mandatory rate pegging (option 5) so that it may be acknowledged as a responsible third tier of government consistent with the position of the other Australian States.

 

 

OPTIONS:

 

Council has absolute discretion as to the submission it makes.  As indicated in the report there are limited staff resources available to undertake extensive research and to prepare a lengthy and detailed submission.  Given everything that has recently been written about local government revenue, in any case it is unlikely that any new perspectives would be discovered.

 

DISCUSSION:

 

In May 2008, the Premier of NSW asked the Independent Pricing and Regulatory Tribunal of NSW (IPART) to assist the Department of Local Government (DLG) by conducting a review of the regulation of council rates and charges in NSW.

 

IPART is to investigate and make recommendations on the following 3 matters:

 

1        an appropriate inter-governmental and regulatory framework for setting rates and charges that facilitates the effective and efficient provision of local government services

 

2        a role for IPART in setting rates and charges in future years

 

3        a framework for setting the charges levied by certain public authorities, such as Sydney Harbour Foreshore Authority, Redfern Waterloo Authority, Sydney Olympic Park Authority and the Growth Centres Commission, to enable these authorities to recover costs for the provision of services that are normally provided by local government.

 

IPART has now published an issues paper and is inviting comment no later than 29 August 2008.  The issues paper is 96 pages in length and for this reason has not been reproduced in the business paper.  It can be viewed on the IPART website, www.ipart.nsw.gov.au.  Councillors are also invited to borrow the General Manager’s copy for review.

 

The terms of reference require IPART, in undertaking this review, to have regard to a range of matters, including:

 

·           the role of local government in delivering infrastructure and services to the community

·           the current and future financial position of local government and the scope for efficiencies

·           all the revenue sources available to local government

·           the socio-economic impacts of rates and charges, including the ability of families and pensioners to meet their rate obligations

·           differences between metropolitan, regional and rural councils

·           the findings of recent reviews of local government

·           the matters in Section 15 of the IPART Act.

 

In addition, the terms of reference specify that IPART is not required to consider issues related to the valuation of individual properties, or matters associated with the operation of councils’ water and wastewater businesses.

 

IPART is to provide a draft report to the Minister for Local Government by 13 May 2009, and a final report by 13 September 2009.  However IPART will allow scope to provide an interim report to the Minister in February 2009 for the purpose of setting rates revenue from 1 July 2009, if it finds that this is necessary.

 

IPART will examine rate and annual charge revenue as well as revenue from user charges or fees.

 

IPART propose to apply the following criteria when recommending a framework for regulating council rates and charges.

 

1        promotes the effective and efficient provision of local government services

2        enhances the financial sustainability of local government

3        meets the standard principles for good regulation and taxation, including:

          (a)      efficiency

          (b)      equity

          (c)      simplicity

          (d)      transparency

4        enhances the accountability of local government

 

IPART considers there are a number of key questions in relation to the regulation of local government revenues that it would like stakeholders to address.  These are:

 

1        What is the role of local government and how is it determined?

2        How effective is rate pegging and what are the implications for councils and ratepayers?

3        What are the objectives for a regulatory framework for local government revenues?

4        How does the current regulatory framework for council revenue, or any alternative framework:

          -         promote the effective and efficient provision of services?

          -         enhance the financial sustainability of local government?

-         meet the standard of principles for good regulation and taxation – efficiency, equity, simplicity, transparency?

-         enhance the accountability of local government?

5        What role should IPART play in setting local government rates and charges, including charges for non-business activities?

6        Should IPART have a determinative role provided by legislation or should IPART’s role be limited to making recommendations, if and when requested by the Minister?

7        To what extent do government authorities – such as SHFA, SOPA, RWA and the GCCs – provide services that duplicate or overlap with those of local government?

8        What are the implications for local government rates where these authorities provide services normally provided by local government?

9        Should a common regulatory framework be introduced for these authorities?

 

The issues paper contains some interesting statistics for NSW councils including that in terms of the size of the area they serve, councils vary from 5.8 square kilometres (Hunters Hill Council) to 53,510 square kilometres (Central Darling Shire Council).  About 25% of all councils serve an area that is smaller than 200 square kilometres.  In terms of the population they serve, councils vary from less than 1,400 people (Urana Shire Council) to more than 280,000 people (Blacktown Council), with an average population per council of 44,560.  NSW has the second largest average population per council of all States.  In comparison, the average population per council across Australia is approximately 28,432, while the average per council in Victoria (which has the largest average population per council) is 62,774.  The Issues Paper does not indicate whether these figures take into account the recent reforms in Queensland.

 

Of the 152 general purpose councils in NSW, 53 serve populations of less than 10,000 persons.  A further 53 serve populations of between 10,000 and 50,000 persons.

 

The Issues Paper notes the ways in which councils cooperate with each other and with other tiers of government and notes such relationships are increasingly being used to deliver services, not only in Australia but internationally.

 

IPART notes that the Allan report (Independent Inquiry into the Financial Sustainability of NSW Local Government 2006) found that to be most effective, a local council’s provision of infrastructure should be confined to items that fall within the area it serves.  This equates to a model of fiscal federalism which prescribes that each tier of government should provide services where the benefits fall within its jurisdictional area.

 

In relation to the role of local government, IPART notes that the Allan report described two distinct views.  The first, a minimalist view, holds that councils are the “body corporate” of a local community and thus should foster the community’s common property and regulate what property owners may do with their properties.  The second, a maximalist view, holds that each council is the government of the area it services, and thus should be concerned with the welfare of the whole community in this area, even if this means duplicating the roles of other tiers of government.

 

It has been argued that the Local Government Act 1993, particularly the Charter included in this Act, reflects a maximalist position, but that the rate pegging approach used to regulate rates and charges and constrains council’s revenues and thus may limit the capacity of local government to provide a wider range of services.

 

IPART has identified five options for alternative regulatory frameworks:

 

1        Retain existing rate pegging arrangements but:

·      Publish the economic indicators or indices to be used in determining the uniform rates cap to be applied across local government each year

·      Modify the special variations process to ensure that the mandatory criteria  required to justify a Section 508(2) or a Section 508A variation are published and that the process of application and approval is fully transparent and forms part of local government regulatory system.

·      Leave all charges unregulated (except s94 charges which are being dealt with separately under amendments to the NSW Planning and Assessment Act).

 

2        Implement a more disaggregated form of rate pegging which incorporates cost indices relevant to each council (or group of councils).  This option would be as for option 1 but either:

 

·      Group councils based on specific criteria and calculate a rate peg specific to each grouping, or

·      Calculate a specific cap for each council based on specific criteria (eg cost structures, service dimensions).

                            

3        Reduce the scope of rate pegging to cover only local government revenue needed to fund operating expenditure and thus exclude capital expenditure from rate pegging (noting that operating expenditure should include some expenditure approximating asset depreciation).  This option includes:

·       Leaving other fees and charges (except s94 charges) largely unregulated as is.

·       Providing separate guidelines operating and capital expenditure planning and pricing.  These guidelines could require approaches to operational revenue raising, related expenditure, capital expenditure plans and costings, pricing policies and charges, depreciation policy and proposed funding options including debt financing and public private partnerships.  A section on relationship of Section 94 plans to these guidelines could be included.

·       Modifying the special variation arrangements as described in Option 1 above.

 

4        Maintain rate pegging power but promote greater freedom by exempting individual councils from rate pegging subject to mandatory demonstration of:

·       Financial accountability and governance

·       Financial sustainability

·       Comparative efficiency and effectiveness indicators (including affordability and availability of local services and facilities)

·       Ability to achieve the above objective criteria over a 10 year time frame through an approved and independently audited management plan.  This audited plan could be tabled in Parliament and made publicly available.

 

5        Institute measures to enhance accountability to the local community and remove mandatory rate pegging.  This option includes compulsory reporting on a comparable basis to enable comparisons between councils.  Where councils fail to meet these criteria a default rate cap could apply.  While IPART has included this option for discussion, it notes that the Minister for Local Government favours the continuing of rate pegging.

 

In addition, in assessing Options 1 and 2, IPART will also consider whether councils should also be required to develop a 10 Year Management Plan, as outlined in Option 3 above.

 

IPART indicates that submissions are most useful when they are detailed, provide evidence to support the views they express, and move beyond identifying problems to suggesting solutions.

 

In all, the IPART report poses 52 questions for which they seek a response and in particular the 9 core questions which are listed above.  Nambucca Shire Council does not have the resources to provide a detailed, evidence based response to these issues.

 

It is also important to note that the IPART Inquiry is following a number of recent inquiries all essentially concerned about the financial sustainability of local government.  The Australian Government’s Productivity Commission released their major report on Assessing Local Government Revenue Raising Capacity on 17 April 2008 and prior to that the LGSA sponsored the major investigation by Percy Allan and others, known as the “Independent Inquiry into the Financial Sustainability of NSW Local Government”.  Its results were released in May 2006.  This will be the third major inquiry in two years dealing with primarily the same issue.

 

The recent report by the Productivity Commission found that NSW appears to be an exception in a number of areas.

 

“The rate of growth in rates revenue in NSW has been among the lowest of all jurisdictions over the past seven years, for which reliable data are available.  NSW also has rate revenue per person below that of most other jurisdictions.  Rate pegging in NSW appears to be restricting revenue raised from rates, notwithstanding scope for councils to seek variations to mandated rate increases.  In addition, only partial reimbursement of concessions affects the revenue of local governments in NSW.  The evidence suggests that the NSW Government has chosen to have a more significant constraining influence on the revenue raised by local governments than have other State governments.”

 

Finding 6.4 of the Productivity Commission’s report was as follows:

 

“Finding 6.4

 

Rate pegging has dampened the revenue raised from rates in NSW relative to the other States and there seems to have been little offset from on-rates revenue sources in recent years.”

 

The NSW Government, unlike the other States, seems unable to accept a federal model which acknowledges local government as a responsible third tier of government.  And even after two enquiries which have demonstrated the adverse impacts of rate pegging on asset management and service provision, the Minister for Local Government still provides IPART with the pre-emptive direction that he favours the continuing of rate pegging.

 

Of the 5 options listed for an alternative regulatory framework, four essentially propose the retention of rate pegging with even more convoluted reporting and approval requirements.  As for such arrangements meeting the standard principles for good regulation and taxation (efficiency, equity, simplicity, transparency, accountability), they will challenge local government professionals let alone ratepayers and the general public.

 

Nambucca Shire Council along with the LGSA should stand fast and express a preference for the removal of rate pegging (Option 5).

 

 

CONSULTATION:

 

The General Manager has discussed the Review with members of the LGMA (Local Government Managers’ Association) Policy Committee in a teleconference on 12 August 2008.  The LGMA will be making a submission.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for 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 no financial implications.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

21 August 2008

General Manager's Report

ITEM 8.3      SF708         210808         Grant Application Status Report

 

AUTHOR/ENQUIRIES:     Jenny Chance, Grants Officer          

 

Summary:

 

At Council’s meeting on 7 December 2006 it was resolved that there be a quarterly return submitted to Council on grant programs.  The following table provides a report on grant programs which Council has been made aware of; their closing date; consultation with community groups; their current status and eventual determination by the funding body.

 

 

 

Recommendation:

 

That the list of grant programs and their status be received.

 

 

 

 

Grant Program

Action

 

Status

1

FRRR - Small Grants for Small Rural Australian Communities

There are two rounds of Small Grants per year. Closing dates are 31 March and 30 September 2007 and 2008

 

 

 

A program for small rural communities will offer grants of up $50,000 to benefit people in rural and remote Australia.

 

Advised of new closing dates as follows:

                   1 May 2008

                   6 August 2008

                27 October 2008.

MS

A program of the Foundation for Rural and Regional Renewal closes on 30th March and 30th September 2008. 

(Warrell Creek Hall Committee of Management lodged an application on 21 September 2007.)

Information regarding the next round for 2008 has been sent to all Section 355 Hall Committees, the Museums, the Macksville Gift Secretary, placed on Council's website and in the Councillors Newsletter 30 October 2007.

Letter sent to all Section 355 Hall Committees of Mgt on 30 October 2007.

Nambucca Entertainment Centre lodged application  March 2008 for curtains & blinds.

South Arm Hall lodged an application in March 2008 for water tank.

 

Letter sent to all Section 355 Committees of Mgt 18 March 2008 for new rounds.

 

·     Valla Community Hall (Revitalisation) are submitting an application for 1 May 2008

 

2

Local Adaptation Pathways Program

The Federal Government has announced the "Local Adaptation Pathways Program" to provide funding to help local government build their capacity to respond to the impacts of climate change.  The Australian Government will provide up to $50,000 to help councils undertake risk assessment and develop action plans to prepare for the likely local impacts of climate change.  The deadline for applications is 3 December.  As at 9 October, application forms were still not available.

 

GM

Application lodged.

 


 

3

Department of Environment and Climate Change

DEP

Application for additional "Flood Study" to provide more accurate Flood Mapping of the Shire.

 

Lodged 15 February 2008.

 

Closing date 15 February 2008—announcement expected later 2008

 

4

Department of Environment and Climate Change – NSW Climate Change Fund – Public Facilities Program

GM

$30m for water and energy saving projects in facilities open to the public eg schools, community buildings, sporting facilities, museums and art galleries.  Unaware of program’s existence until raised at meeting on 7 February.  Applications closed on 13 February.  No applications lodged by Council.

 

5

New Federal Environmental Programme - Still to be announced

GM

DES

DEP

The Area Consultative Committee (ACC) is proposing to take a lead role in putting forward an expression of interest for a major environmental project for Federal funding based on a “Clean Waters Model” implemented for Wallis Lakes.  The ACC is seeking Federal Government support for a $176m program over four years for each of the 8 Mid North Coast Councils plus Port Stephens, Clarence Valley and the Shoalhaven.  There is no matching funding required other than Council’s existing commitment to its environmental levy works program.  A letter of support for the initiative has been provided to the ACC.

 

6

Threatened Species Network Community Grants Round 11

 

TSN Grants Administration [mailto:TSNGrants@wwf.org.au]
To: TSN Grants Administration
Subject: Threatened Species Network Community Grants Round 11 OPEN

 

Trim document 7374/2008 refers to application

DEP

Round 11 of the Threatened Species Network Community Grants Program is now open.

Community groups are invited to apply for up to $50,000 to conduct on-ground conservation work for the ongoing health of our natural environment, specifically targeting the needs of nationally threatened species and ecological communities. Funding is available for activities such as habitat restoration, weeding, feral animal control, population surveys and monitoring, fencing, and fire management. 

Original signed applications must be received in WWF's Sydney office by 5pm Friday 30 May 2008 and project ideas must be discussed with the TSN Coordinator for your region prior to submitting an application.

Grant advertised in local paper.

 

8

Department of Environment & Climate Change Estuary and Coastal Management Programs 2008/09

Funding on a 1:1 basis

Closing date: 28 May 2008

DEP

Several projects identified and supported through the Nambucca River Estuary and Coastline Management Committee

·     Flood study—Deep Creek

·     Implementation of Nambucca River Estuary Management Plan

·     Updated flood study Lower Nambucca

Stage 2 Coastal Hazard management Plan.

 

9

NSW Environmental Trust Round 3 – Urban Sustainability Program

Closing date: 20 June 2008

DEP

Council previously resolved to submit both a joint application with Bellingen and Coffs Harbour Councils and an individual application.  Amended criteria excluded individual applications.  Jointed application to be lodged.

10

Community Heritage Grants

Closing date: 30 June 2008 with National Library of Australia

DEP

Information sent to all Museums—13/5/08

11

Northern Rivers CMA – River Reach Program.

Ongoing funding program

DEP

Stage 2 Lower Nambucca River, River Bank stabilization, rubbish and weed eradication. (Nursery Rd/Pacific Hwy north for approx 2 kms)

Funding application proposal from the Nyambaga Green Team. Total application fro Stage 2 $35,000 - $45,000.

Seeking in-kind contribution of $5000 maximum to provide some machinery to collect and remove rubbish, vegetation; prepare traffic management plan for traffic control on Pacific Highway.

Council $5,000 (max) in-kind contribution can be funded through the Environmental Levy.

12

NSW Maritime – Maritime Infrastructure Program

Funding on a 1:1 basis

Closes: 22 August 2008

GO

The Maritime Infrastructure Program (MIP) provides up to $2M annually to local government and community organisations for waterways infrastructure projects that benefit the recreational boating community across NSW, including the provision of public wharves/jetties, boatramps, public sewage pumpout facilities and public moorings.

Application to be submitted for Pontoon and Gangway at Tourist Office Finger Wharf – Nambucca Heads.

Application to be submitted with the assistance of the Nambucca River Users Group for pontoon at Macksville with $10,000 from the Environmental Levy and In-kind contributions.

 

13

Caring for our Country

Caring for our Country Open Grants

Closes: 1 August 2008

Community Coastcare

Closes: 25 July 2008

GO

Caring for our Country is the Federal Government's new natural resource management program.

An application has been submitted to the National Reserve System on behalf of the Nambucca Heads Local Aboriginal Land Council to purchase Faringdon Fields.

14

Natural Disaster Mitigation Program

Attorney General’s Department – Emergency Management Australia

Closes: 29 August 2008

Funding on a 1:1:1 basis

DES

The Natural Disaster Mitigation Program aims to identify and address natural disaster risk priorities across the nation. Funds are available for a range of measures that contribute to safer, sustainable communities better able to withstand the effects of natural disasters.

This program is being jointly funded by Commonwealth, State and local governments to help local communities better prepare for natural disasters such as floods, bushfires, storms or landslides.

15

Regional Arts Fund (NSW)

Australian Government – Regional Arts Fund

 

Closes: 14 August 2008

MBD

Application for Macksville Memorial Aquatic Centre mosaic mural under the Partnerships Program.

16

NSW Blackspot Program

 

Closes: 22 August 2008

 

MTS

RTA is inviting all Councils to identify and nominate new conforming projects for the 2009-2010 programme. Construction costs must be greater than $10,000 for rural Councils.

Investigating possible treatments for Seaview/Nelson Streets and Fraser/Woods Streets, Nambucca Heads and also Scotts Head Road that may fit the programs guidelines.

 

 

 

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

21 August 2008

Director Environment & Planning's Report

ITEM           SF691              210808         Environment and Planning Applications Progress and Statistical Reports July 2008

 

AUTHOR/ENQUIRIES:     Barbara Sadler, Executive Assistant         

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2008-2009 compared with 2007-2008 and Certificate Applications received and determined, are provided in the body of the report.

 

 

Recommendation:

 

1          That Council note development application statistics and processing times for July 2008 compared with July 2007.

 

2          That Council note development application statistics and processing times for the years 2002 to 2008.

 

3          That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2008-30 June 2009.

 

4          That Council note the statistical information for Certificates received by Council for 2004-2008.

 

 

DISCUSSION:

 

Development Application Statistics

 

The figures show a 138.10% decrease in the number of DA’s received for July 2008 with construction costs decreasing by 190.91% compared to the same period in 2007/2008. The total number of DA’s/CD’s approved for the month of July was 23 plus 2 modifications.

 

DA’S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CC)

July 2007

$2,712,134

32

30

July 2008

$1,139,090

11

23

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

The above comparisons will be considered in the next quarterly budget review to identify what impact the development application numbers will have on our projected income.

 

Source of fund and any variance to working funds

 

An average income is estimated at the start of each budget year and is reviewed at each quarterly review.

 


 

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2008

Month

Mean Time

Median

#Average age of DA’s (Days)

Average

Highest

Lowest

January

55.13

65

69.50

145

19

February

89.92

85

115.64

338

57

March

63.33

49

150.1

1450

19

April

65.88

53

165.37

1398

5

May

40.57

30

54.79

217

3

June

56.81

39

92.67

493

4

July

51.40

37

191.35

2318

3

August

 

 

 

 

 

September

 

 

 

 

 

October

 

 

 

 

 

November

 

 

 

 

 

December

 

 

 

 

 

#Average age of DA’s

 

The average age of all DA’s for the month is derived from the total number of days from when the applications were lodged with Council until determined.

 

This average is provided for information as many applications required additional information by Council and/or other Government Agencies to enable them to be processed (ie Stop Clock applied).

 


 

 

COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2007 Private Cert

5

3

4

1

2

4

4

3

5

4

6

1

42

2007 Council

0

3

3

1

3

4

7

0

1

2

6

3

33

2008 Private Cert

0

3

1

4

6

2

6

 

 

 

 

 

22

2008 Council

2

2

2

3

2

5

2

 

 

 

 

 

18

 

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (July)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2004

192

507

134

2005

145

431

95

2006

164

416

134

2007

166

478

128

2008

171

422

115

 

 

OCCUPATION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

2002

20

3

7

8

15

7

13

13

16

13

13

14

142

11.80

2003

18

7

7

14

24

19

18

10

17

17

21

19

191

15.90

2004

11

15

17

20

18

20

20

17

16

23

26

30

233

19.41

2005

10

28

29

18

26

12

14

28

26

24

19

18

252

21.00

2006

26

26

12

20

27

24

20

18

25

23

10

15

246

20.50

Private
2007

1

0

0

3

7

5

3

2

3

2

9

5

40

3.33

Council
2007

6

20

14

7

22

13

12

10

14

13

8

12

151

12.58

Private
2008

4

0

4

2

4

5

5

 

 

 

 

 

24

3.43

Council
2008

12

16

9

9

29

12

19

 

 

 

 

 

106

15.14

 

Attachments:

 

 


Ordinary Council Meeting

21 August 2008

Director Environment & Planning's Report

ITEM 9.2      SF1148            210808         Contract Regulatory Officer's Report July 2008

 

AUTHOR/ENQUIRIES:     Phillip Gall, Manager Health and Building         

 

Summary:

 

The following is the Contract Regulatory Officer’s report for July 2008.

 

 

Recommendation:

 

That the report from the Contract Regulatory Officer July 2008 be received and noted by Council.

 

 

 

Dogs

Total

Total

Seized

 

5

Returned to Owner

1

 

Impounded

4

 

Total Seized

5

5

Breakdown

Total

Total

Seized

 

5

From Previous Month

 

5

Stolen Dog Recovered

 

0

Released to Owner

0

 

Returned to Owner

1

 

Euthanized

5

 

Currently in Pound

4

 

Sold

0

 

Stolen from Pound

0

 

Died in Pound

0

 

Total in Pound

10

10

Dumped

2

 

Surrendered

1

 

 

Cats

Total

Total

Seized

 

2

Returned to Owner

0

 

Impounded

2

 

Total Seized

2

2

Breakdown

Total

Total

Seized

 

2

From Previous Month

 

0

Released to Owner

0

 

Returned to Owner

0

 

Euthanized

2

 

Currently in Pound

0

 

Sold

0

 

Stolen from Pound

0

 

Died in Pound

0

 

Total in Pound

2

2

Dumped

0

 

Surrendered

0

 

 


 

Kilometres travelled

2,719

 

Cattle

Breakdown

Total

Seized

 

0

Returned to Owner

0

 

Impounded

0

 

Total Seized

0

0

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

21 August 2008

Director Environment & Planning's Report

ITEM 9.3      SF669              210808         Report on Improving the NSW Planning System

 

AUTHOR/ENQUIRIES:     Arthur Tsembis, Manager Planning and Assessment         

 

Summary:

 

The Department of Planning (DoP) has released an “Exposure draft of the State Environmental Planning Policy (Repeal of Concurrence and Referrals Provisions) 2008”.  All Councils were advised of the proposed SEPP by e-mail dated 23 July 2008, with advice that the ‘closing date for comments is Friday 22 August 2008’.

 

The DoP has advised Councils in terms of the following:

 

‘A proposed SEPP to remove duplicative or unnecessary requirements in environmental planning instruments that require concurrence from, or referral to, government agencies has been placed on public exhibition. The SEPP is intended to streamline both plan-making and development assessment processes without compromising environmental or other outcomes.

 

The draft SEPP, a Q&A sheet and a consultation guide are available from the Department of Planning's website at: http://www.planning.nsw.gov.au/asp/drafts.asp#ConcurrenceSEPP

 

All the proposed amendments to the SEPPs, REPs and LEPs operating within the state are included in the exposure draft for the proposed SEPP.  The proposed SEPP will have the effect of deleting and/or amending the existing concurrence and referral provisions to other government agencies, under Nambucca Local Environmental Plan (NLEP) 1995.

 

It is considered that the removal of the identified concurrence requirements is a positive outcome for local government and it is not recommended that a submission be made.

 

 

Recommendation:

 

That Council note the report and not make a submission to the proposed SEPP.

 

 

OPTIONS:

 

·              Council can choose to make a collective submission.

·              Councillors may choose to make individual submissions.

 

 

DISCUSSION:

 

Council will recall that it has considered two previous reports relating to the NSW government’s planning reforms, which resulted in little if any change to the draft documents.  Council will also recall that through the previous submissions it raised the matter of the minimal time afforded to make submissions.  It is considered that this draft is no different. 

 

The DoP has now released an “Exposure draft of the State Environmental Planning Policy (Repeal of Concurrence and Referrals Provisions) 2008”.  Councils were advised of the proposed SEPP by email dated 23 July 2008, with advice that the ‘closing date for comments is Friday 22 August 2008’.

 

The email advised Councils in terms of the following:

 

‘A proposed SEPP to remove duplicative or unnecessary requirements in environmental planning instruments that require concurrence from, or referral to, government agencies has been placed on public exhibition.  The SEPP is intended to streamline both plan-making and development assessment processes without compromising environmental or other outcomes.

The draft SEPP, a Q&A sheet and a consultation guide are available from the Department of Planning's website at: http://www.planning.nsw.gov.au/asp/drafts.asp#ConcurrenceSEPP

 

All the proposed amendments to the SEPPs, REPs and LEPs operating within the state are included in the exposure draft for the proposed SEPP. If the SEPP is gazetted in accordance with Clause 3.124 on page 117-118, the Nambucca Local Environmental Plan (NLEP) 1995 will be amended in the following manner:

 

[1]      Clause 16 What controls apply to rural-residential development?

 

          Omit “specified in writing to Council with the approval of the Director of Planning” from clause 16(6).

 

          Insert instead “specified by the Council”.

 

Comment

 

Clause 16(6) refers to the 5 year quota system for which DoP approval is currently required.  Council is in the process of developing a new rural residential strategy which will not rely on a quota system.

 

 

[2]      Clause 20 What controls apply to development in the coastal protection zone?

 

          Omit clause 20 (2) and (3). Insert instead:

 

          (2)      The Council must not grant consent to development on land within Zone 7 (f) unless it has   taken into consideration:

 

                             (a)      The extent to which the development would result in the degradation of, or restriction of                  access to, coastal recreation areas, and

 

                   (b)      The extent to which the development would adversely affect the scenic qualities of the                             coastal landscape, and

 

                   (c)      The likelihood of the proposed development adversely affecting or being adversely                                  affected by coastal processes.

 

Comment

 

Clause 20(3) are the matters previously required to be considered by the Director General in providing his concurrence in accordance with Clause 20(2).  This amendment will require Council to consider the same criteria before granting development consent.

 

 

[3]      Clause 21 Who must be consulted about proposed development in the coastal hazard area?

 

          Omit the clause.

 

Comment

 

Council will be able to deal with development applications in the affected areas without the need for a referral to, and consideration of representations from the Director General of the Department of Natural Resources (now part of the Department of Environment and Climate Change).

 

 

[4]      Clause 43 What provisions apply to protection of heritage items, heritage conservations        areas and relics?

 

          Insert at the end of clause 43 (3):

 

Note:      The website of the Heritage Branch of the Department of Planning has publications that provide          guidance on heritage assessment methodology (for example, the Local Government Heritage         Guidelines).

 

Comment

 

The note required to be included is self explanatory.

 

 

[5]      Clause 44 Are heritage applications advertised?

 

          Omit clause 44 (2).

 

 

Comment

 

Council will be able to deal with development applications to ‘demolish, deface or damage’ a heritage item without the need to notify or consider comments from the Heritage Council.

 

 

[6]      Clause 45 What controls apply with respect to development of known or potential        archaeological sites?

 

          Omit clause 45 (b).

 

Comment

 

Council will be able to deal with development applications for development on a potential archaeological site in accordance with certain guideline, without the need to notify or consider comments from the Director General of the National Parks and Wildlife (now part of the Department of Environment and Climate Change).

 

 

[7]      Clause 54 What restrictions apply to development of Aboriginal conservation areas and        relics?

 

          Omit “granted with the concurrence of the Director-General of National Parks and Wildlife” from      clause 54 (4).

 

Comment

 

This proposed amendment will delete the concurrence requirement.

 

 

[8]      Clause 54 (5)

 

          Omit the subclause.

 

Comment

 

This proposed amendment deletes the matters required to be consideration by the Director-General in deciding to grant concurrence.

 


 

[9]      Clause 57 What provisions apply with respect to development adjoining extractive       industries?

 

          Omit clause 57 (4).

 

Comment

 

Council will be able to deal with development applications in the affected areas without the need for a referral and consideration of representations from the Director General of the Environmental Protection Authority (now part of the Department of Environment and Climate Change).

 

 

[10]    Clause 66 Development on land containing potential acid sulfate soils

 

          Omit clause 66 (5) (c).

 

Comment

 

Council will be able to deal with development applications relating to carrying out of works affected by Acid Sulfate Soils below 5m AHD without the need for a referral and consideration of representations from the Director General of the Department of Land and Water Conservation (now part of the Department of Environment and Climate Change).

 

 

CONCLUSION:

 

It is considered that the proposed SEPP to amend the concurrence and referral provisions of other planning instruments may provide some social and economic benefits as a result of possibly streamlining the development and plan making processes.

 

Notwithstanding the above, it is a requirement to limit any concurrence and referral provisions under the standard template LEP.  This requirement has been reflected in Council’s draft NLEP 2008.

 

Given the fact that all Councils in NSW are required to prepare new planning instruments in accordance with the standard template LEP, it is considered that the proposed SEPP is a waste of State government resources.

 

 

CONSULTATION:

 

The Director Environment and Planning has been consulted in the preparation of this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed SEPP is unlikely to improve any environmental outcomes in the planning system.

 

Social

 

The proposed SEPP may have some social benefits by improving the timeframe for the processing of minor Local Environmental Plans and Development Applications.

 

Economic

 

Economic benefits may come about if the proposed SEPP can deliver a faster and simpler development and plan making process.

 

Risk

 

There may be a risk that some valuable input may not be available or overlooked by not having to make mandatory referrals to other government agencies to consider certain aspects of LEP amendments or development applications.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The introduction of the proposed SEPP should have no financial implication.

 

Source of fund and any variance to working funds

 

There are no implications to the working funds.

 

 

Attachments:

 

 


Ordinary Council Meeting

21 August 2008

Director Environment & Planning's Report

ITEM 9.4      SF691              210808         Development and Complying Development Applications Received 26 July 2008 to 11 August 2008 and Applications where Submissions have been received

 

AUTHOR/ENQUIRIES:     Barbara Sadler, Executive Assistant         

 

Summary:

 

The following Development Applications and Complying Development Applications, were received by Council for the period 26 July 2008 to 11 August 2008 and are presented for Council’s information.

 

 

Recommendation:

 

That the development applications received for the period 26 July to 11 August 2008, be    noted and received for information by Council.

 

 

 

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

26 JULY TO 11 AUGUST 2008

 

DA Number

Application Date

Development

Address

2009/009

29/07/2008

Dwelling  Extensions

Lot 1 DP 816018, 129 Florence Wilmont Drive, Nambucca Heads

2009/010

01/08/2008

Rock Retaining Wall

Lot 70 DP 1099538, 59 Seaforth Drive, Valla Beach

2009/011

04/08/2008

Dwelling Additions and Carport

Lot 29 DP 22770, 52 Seaview Street, Nambucca Heads

2009/012

06/08/2008

Dwelling-House

Lot 107 DP 1039015, 2 Lorikeet Place, Nambucca Heads

2009/013

08/08/2008

Verandah

Lot 8 DP 1070974, 120 Main Street,  Eungai Creek

2009/014

08/08/2008

Alterations to layout of caravan park and new amenities block

Lot 2 DP 865355, Ocean View Drive, Valla Beach

2009/015

11/08/2008

Rural-Residential Dwelling-House

Lot 3 DP 1099448, Strawberry Road, Congarinni

2009/602

01/08/2008

New Dwelling

Lot 2 DP 1080418, 325 Upper Warrell Creek Road, Congarinni

 

Note:           Complying Development Applications have a suffix starting with “6” ie 2009/602

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

21 August 2008

Director Environment & Planning's Report

ITEM 9.5      SF612              210808         Minutes from the Nambucca River Estuary and Coastline Management Committee Meeting held on 23 July 2008

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

Attached for Council’s endorsement is a copy of the Minutes of the Nambucca River Estuary and Coastline Management Committee Meeting held on Wednesday, 23 July 2008.

 

 

Recommendation:

 

That the minutes of the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 23 July 2008 be endorsed.

 

 

 

OPTIONS:

 

1        Endorse the minutes

2        Not endorse the minutes

3        Endorse the minutes with amendments

 

 

DISCUSSION:

 

Nil.

 

CONSULTATION:

 

In preparing the Draft Consultants Brief three stakeholder workshops were held which resulted in a comprehensive draft brief being presented to the committee. The minutes reflect the discussions and recommendations made at the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday 23 July 2008.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues with the report.

 

The Brief requires assessment and consideration of environmental issues relating to the study area and recommended projects and actions that will follow through the Master Plan.

 

Social

 

There are no Social issues with the report.

 

The Brief requires assessment and consideration of social issues relating to the study area and recommended projects and actions that will follow through the Master Plan.

 

Economic

 

There are no economic issues with the report.

 

The Brief requires assessment and consideration of the economic benefits and impacts relating to study area and recommended projects and actions that will follow through the Master Plan. A detailed and costed implementation plan is required by the Brief.

 

Risk

 

There are no risks with the report.

 

The Brief requires assessment and consideration of numerous risks within the study area.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Grant funds of $120,000 have been received for this project with the remaining $40,000 - $50,000 for the project coming from the allocated Environmental levy. A further $120,000 - $130,000 is earmarked in both the Stormwater Levy and future Environmental levies for implementation of identified projects.

 

Source of fund and any variance to working funds

 

Council’s contribution comes from the Stormwater Levy and Environmental Levy and no variations are required.

 

 

Attachments:

1View

19968/2008 - Final Version of Consultants Brief - Tender 045/2008

19 Pages

2View

18380/2008 - Minutes of the Nambucca River Estuary and Coastline Management Committee

3 Pages

 

 


Ordinary Council Meeting - 21 August 2008

Minutes from the Nambucca River Estuary and Coastline Management Committee Meeting held on 23 July 2008

Attachment 1

19968/2008 - Final Version of Consultants Brief - Tender 045/2008

 

 

 

NAMBUCCA SHIRE COUNCIL

 

 

CONSULTANTS BRIEF

 

 

TENDER 045/2008

 

 

 

NAMBUCCA RIVER MASTER PLAN

 

(TEAGUES CREEK TO NAMBUCCA RIVER MOUTH)

 

 

 

JULY 2008

 


TABLE OF CONTENTS

 

 

 

1.0       BACKGROUND.. 1

2.0       PURPOSE OF PROJECT.. 2

3.0       STUDY AREA.. 3

4.0       POLICY FRAMEWORK.. 4

5.0       SCOPE OF THE PROJECT.. 5

6.0       PUBLIC CONSULTATION.. 8

7.0       KEY PROJECT MILESTONES, DELIVERABLE’S AND DUE DATES.. 9

8.0       SUBMISSIONS AND EVALUATION OF TENDERS.. 12

9.0       INDICATIVE BUDGET.. 12

10.0     CONDITIONS OF ENGAGEMENT.. 12

11.0     BASIS OF PAYMENT.. 12

12.0     CONSULTANTS PERFORMANCE. 12

13.0     LIAISON.. 12

14.0     COPYRIGHT.. 12

15.0     PROOF OF INSURANCE. 13

16.0     SUBMISSION OF FULL PROJECT PLAN.. 13

17.0     UPDATED PROJECT PLAN.. 13

18.0     AUDITS.. 13

19.0     REPORTS/DOCUMENTATION.. 13


 

1.0     BACKGROUND

 

Nambucca Shire Council is situated on the Mid North Coast of NSW, midway between Sydney and Brisbane. The Nambucca Local Government Area consist of an area of approximately 1400km2 and contains 10 towns and villages - Nambucca Heads, Macksville, Bowraville, Valla Beach, Scotts Head, Eungai Creek, Eungai Rail, Taylors Arm, Warrell Creek and Donnellyville.

 

The southern and western boundaries of the Shire are generally defined by the Nambucca River Catchment. The eastern boundary is defined by the South Pacific Ocean while the northern boundary is approximately 4km north of Valla Beach and runs almost directly west.

 

The Nambucca River with its catchment of approximately 1300km2 drains a valley approximately 47km long and 23km wide. A large portion of the Shire is steep terrain intersected by small streams.

 

Nambucca Heads is the largest of the towns with a population of approximately 8,000 and is situated on the northern bank at the mouth of the Nambucca River.

 

Tourism is one of the main economic activities in the region and is considered to be one of the “emerging and developing industry sectors” within the Shire. Nambucca Heads is considered as the main tourist town in the Shire being a popular tourist destination and an affordable holiday alternative to the major centres of Coffs Harbour to the north and Port Macquarie in the south.

 

Nambucca Heads boasts a magnificent waterway with picturesque views and vistas from many locations throughout the town. The lower section of the waterway is a strong magnate for competing water and land based activities especially during the warmer Spring to Autumn periods, however the temperate climate makes it an ideal location all year round.

 

Following on from the preparation of the Nambucca Economic Strategy and with the recent adoption of the Nambucca Valley Structure Plan, Nambucca River Estuary Management Plan and the Nambucca Valley Tourism Strategy, this Master Plan is considered the next major step towards the co-ordinated and ecologically sustainable management for the very popular Lower Nambucca area.

 


2.0     PURPOSE OF PROJECT

 

The purpose of this project is to develop an ecologically sustainable master planning concept, design and implementation plan for the northern bank of the Nambucca River from Teagues Creek in the south to the Nambucca River mouth that:

 

2.1     Provides a physical framework which deals with issues and identifies opportunities associated with the use of the waterway and the foreshore, including possible new facilities, having considered:

 

i         the needs of end users,

 

ii        current issues and the potential for further impacts,

 

iii       community priorities,

 

iv       management structures and responsibilities,

 

v        the strategic vision of the Nambucca Valley Structure Plan, Nambucca River Estuary Management Plan, Nambucca Valley Tourism Plan Nambucca Economic Development Plan and the Nambucca Aboriginal Cultural Heritage Management Plan,

 

vi       the significance of the river in this area for its environmental, social, historical, cultural heritage and economic importance to Nambucca Heads and the Nambucca Valley generally;

 

2.2     Improves the public domain in and around the study area and enhances recreation; and tourist facilities;

 

2.3     Investigates opportunities to increase activity on the River (passive, active, recreational and investment);

 

2.4     Improves movement networks and linkages between traffic, parking, pedestrian and cycle ways including connectivity to and between the business areas and the study area;

 

2.5     Meets the competing and complimentary needs of the local community, aquatic industries, river users and visitors to the Nambucca Valley whilst maintaining and/or improving the environmental qualities of the area, including river water quality and habitat, while ensuring a proper balance between conservation and development;

 

2.6     Identify ecological context, noting potential threatened species and significant habitats within the study area;

 

2.7     Identifies the Aboriginal cultural heritage significance of the study area through the involvement of the local Aboriginal community and through relevant and appropriate survey;

 

2.8     Seeks a reasonable balance between private investment and public works expenditure;

 

2.9     Provides for increased usage of the study area and lower foreshore precinct through improved security and safety for users, business operators, residents and visitors;

 

2.10   Improves access for emergency services;

 

2.11   Meets/fulfils the statutory requirements of relevant government departments/authorities for approvals for ongoing and future applications to implement the actions in the Master Plan.

 


3.0     STUDY AREA

 

The study area is the most active section of the lower Nambucca with numerous competing issues. The increasing population and tourism visitation to the Nambucca is placing considerable pressure on this section of the river foreshore. In order for Council and relevant public land managers to sustainably manage this section of the foreshore for current and future needs, Council is seeking a suitably qualified consultant to prepare a detailed Master Plan including Concept Designs and a costed 10 year Implementation Plan for the study area.

 

This brief covers the extent of investigation, the level of detail required and the expected deliverables through this Master Planning process.

 

The study area provides for a waterfront of approximately 5 km along the left bank of the lower Nambucca River commencing at Teagues Creek junction through to the Nambucca River mouth including Stuart Island, the Inner Harbour, the unnamed sand island and the waterways generally adjacent to the training walls as depicted as the “investigation area” in the attached map. It is not intended that this Master Plan will include the full width of the river or the main navigable channels of the lower Nambucca River

 

The study area consists of public waterfront parkland and sand beaches, private waterfront land with some minor to moderate development and structures, native vegetation and habitat, boat launching areas, both stable and unstable river banks, car parks, constructed walkways and active and passive recreational sporting facilities, cycleways, oyster growing and fishing areas and significant archaeological, Aboriginal, historic, cultural, aesthetic and environmentally sensitive areas, including identified threatened species. Including, the accepted and encouraged public art along the “V Wall”.

 

The study area contains large areas of public open space under the care control and management of Council (committees of management) and/or the NSW Lands Department. In addition, Stuart Island houses the 18 hole Nambucca Island Golf Course and Clubhouse as well as boat launching facilities and public recreational areas.

 

The importance and significance of the area to the local Aboriginal community is very high due to the mythological, ceremonial and life support functions the area provides. There are several areas of considerable significance which are identified and zoned as 7(g) Environmental Protection (Archaeological), under the Nambucca Local Environmental Plan 1995.

 

The study area centres on the heart of early European settlement in the valley being the original sites for timber mills, boat building and boat berthing areas for the early settlers bringing supplies in and taking product out of the area. As well, the area in and around Gordon Park housed the public baths, tennis court and an area occupied by the circus when it came to town. One of the original Hotels was also erected in this vicinity.


4.0     POLICY FRAMEWORK

 

The following being considered and applied as appropriate:

 

Ø  NSW Coastline Management Manual 1990

 

Ø  NSW State Plan

 

Ø  NSW Coastal Policy 1997

 

Ø  The Coastline Hazard Policy 1988

 

Ø  Coastal Protection Act 1979

 

Ø  Crown Lands Act 1989

 

Ø  Threatened Species Conservation Act 1995

 

Ø  National Parks and Wildlife Act 1974

 

Ø  Native Vegetation Act 2003

 

Ø  Native Title (New South Wales) Act 1994

 

Ø  Fisheries Management Act 1994

 

Ø  Water Management Act 2000

 

Ø  Maritime Services Act 1935

 

Ø  Maritime Safety Act 1998

 

Ø  Nambucca Local Environmental Plan 1995 and Draft LEP 2008

 

Ø  Nambucca Aboriginal Cultural Heritage Management Plan

 

Ø  Plan of Management for Public Lands:

s  Gordon Park;

s  Bellwood Park;

s  Stuart Island;

s  Coastal Plan of Management - Wellington Rock;

 


5.0     SCOPE OF THE PROJECT

 

The scope of works for the project is to develop an ecologically sustainable and balanced master planning concept, design and 10 year implementation plan (in consultation with the community, business and key stakeholders) which includes, but is not limited to, the following:

 

Master Plan

 

5.1     Provide a vision for the future management of the Study Area , consistent with governing legislation and policy including but not limited to, the NSW Coastal Policy, Catchment Management Blueprints/Action Plans, Nambucca Local Environmental Plan, Nambucca Valley Structure Plan, Nambucca River Estuary Management Plan, Nambucca Valley Tourism Strategy, Nambucca Economic Development Strategy and the Nambucca Shire Aboriginal Cultural Heritage Management Plan;

 

5.2     Undertake a site analysis and place based study identifying and addressing the ecological, environmental, heritage (including Aboriginal heritage), recreational, commercial, built form, character, scale and public domain values and role of the study area;

 

5.3     Set measurable and achievable goals for the protection and/or improvement of the above values and develop strategies for the enhancement of these values;

 

5.4     The identification of key master planning objectives, principles and guidelines for the study area;

 

5.5     Identify the roles and management responsibilities of the land managers, Committees of Management, Government agencies and private landholders within the study area;

 

5.6     Undertake an audit/analysis of the existing environmental condition of the study area and identify measurable strategies to ensure that these conditions are improved through the implementation of the Master Plan actions;

 

5.7     Demonstrate and identify the capability of the study area to accommodate any proposed increased activity and usage on the foreshore and within the waterways that may be identified through this Master Plan;

 

5.8     Map, document and review the existing land uses and tenure of properties within the study area pursuant to the Nambucca Local Environmental Plan and identify suitability/ compatibility of any proposed new land uses through the Master Plan, (consideration must be given to the need to accommodate existing community uses within the Study Area);

 

5.9     Examination of opportunities and constraints for building form and urban character, consistent with items 5.1, 5.2, 5.3 and 5.4 above;

 

5.10   Identify the opportunities and constraints for a safe and improved movement network for vehicles, cyclists and pedestrians;

 

5.11   Investigate, assess and integrate boat launching and trailer parking needs;

 

5.12   Identify and assess the efficacy and function of existing tributaries, stormwater outlets, define their catchment and their management within the study area;

 

5.13   Investigate and record action required to improve stormwater quality (ie Gross Pollutant Trap installation, repair, etc);

 

5.14   Develop an emergency management, fire protection, security (property and community), evacuation and access concept plan for the whole area utilising a risk minimisation approach. (This may be broken down into smaller segments within the study area);

 

5.15   Recommend appropriate educational and interpretative signage and identify strategic locations for the erection of these signs to gain maximum exposure for the recreational users, the boating fraternity and tourists to the area (including cultural and historical awareness);

 

5.16   Identify and recommend measures to improve public security and reduce incidences of vandalism on the natural and built environment and misconduct within the study area;

 

5.17   Investigate, analyse and highlight key visitor nodes and provide clear management options or alternatives to improve the public domain of the foreshore area;

 

5.18   Investigate, identify, plan and design for Climate Change (taking into account Federal and NSW State Directives), natural processes such as rising sea levels, ocean surges, flooding, slippage;

 

5.19   Undertake a needs/constraints assessment for a marina, boat berthing, mooring facilities, investment opportunity and environmental conservation measures within the study area. Identify the locations of these opportunities/projects, subject to the assessment, (including the investigation of a waterfront tourism promenade along Wellington Drive);

 

5.20   Assess previous reports, consider and further investigate options and recommend on the possible closing or maintain the “Opening in the V Wall” to the inner harbour;

Note: That Council intends to undertake a hydrology study of the area

 

5.21   Identify possible foreshore business licence opportunities, both water and shore based (such as kiosk, marine vessel hire, etc);

 

5.22   Identify and recommend opportunities to strengthen linkages between the foreshore and waterway areas and the business hubs of Nambucca to maintain and improve business viability and connectivity;

 

5.23   Explore opportunities for entrepreneurial activities for Council to provide public/commercial uses within the study area;

 

5.24   Consider the investigations and reports already carried out within the study area and assess the social, environmental and economic benefits and impacts and sustainability of the dredging of the river for improved navigability (ie the marine shoal and channels within the inner harbour if the hole in the wall is closed) and the use of the dredged material and make clear recommendations and provide cost estimates for the recommendations (including the statutory processes and ongoing licences, approvals, management and financial implications);

Note: That Council intends to undertake a hydrology study of the area

 

5.25   All recommended actions are to be supported by an analysis of the community needs (presently and into the future), constraints, and impacts (both positive and negative).

 

5.26   The Plan to identify individuals/companies/agencies who were consulted in the preparation of the Plan. Summary details of these comments and those consulted are to be included in the report.

 

 

 

Design

 

5.27   Prepare concept designs for all associated works, structures and buildings outlined in the Master Plan (photo montages and graphic interpretation images are required);

 

5.28   Prepare and cost designs for key infrastructure requirements outlined in the Master Plan, such as accesses, roads, car parking, walkways, berthing and mooring facilities and stormwater management outlet systems and community art within the study area;

 

5.29   All designs are to incorporate accepted “Safer by Design” principles;

 

5.30   All designs to apply and incorporate energy efficiency fittings and devices and the use of recycled or remanufactured materials is encouraged;

 

5.31   Designs to comply with relevant emergency, safety, evacuation and access standards;

 

5.32   Designs, materials and construction methods are to achieve stated values identified through the place based study and analysis.

 

Implementation

 

5.33   Provide a 10-year prioritised list of costed actions for implementation;

 

5.34   Identify funding opportunities and/or other possible sources of income/grants by which to implement the prioritised actions;

 

5.35   Identify and allocate the identified support/collaborative local group/authority for the implementation of each recommended action; including timeframe, costings and source of funds;

 

5.36   Identify responsible authority under relevant legislation for each recommended action and prepare a generic MOU for formalisation between the Authority and Council supporting the Master Plan and its Implementation Plan thereby minimising delays in the subsequent approvals process;

 

5.37   Clearly outline the process (flowchart), the relevant authorities involved and the level of detail (environmental, supporting/justification reports) required in the approvals process for dredging options if actioned in item 5.24 above.

 

 


6.0     PUBLIC CONSULTATION

 

WORKSHOPS/MEETINGS

 

The Consultant shall allow for, plan, resource and facilitate four (4) initial workshops and one (1) public meeting, attend an initial start up meeting and attend a further two (2) Nambucca River Estuary and Coastline Management Committee meetings as outlined in the following table. Agency consultation is also to be allowed for and undertaken by the Consultant. The format shall be resolved at the start up meeting, (ie whether by exchange of letters or an additional workshop).

 

LOCATION

TIME

AUDIENCE

PURPOSE

Macksville or as agreed

TBA

Consultant Principles and Council staff

Start up meeting and signing of Contracts

#Macksville

8.30 am – 11.00 am

Nambucca River Estuary and Coastline Management Committee

Workshop to aid the preparation of the Nambucca River Master Plan.

#Nambucca Heads

1.00 pm – 2.30 pm

Nambucca Heads Environmental Interest Groups

Workshop to aid the preparation of the Nambucca River Master Plan.

#Nambucca Heads

3.30 pm – 5.00 pm

Nambucca Heads Chamber of Commerce and Business Groups

Workshop to aid the preparation of the Nambucca River Master Plan.

#Nambucca Heads

6.00 pm – 8.30 pm

Community

Workshop to aid the preparation of the Nambucca River Master Plan.

Venue to be confirmed

Time to be confirmed

Agency meeting

Dept of Lands

Maritime

DECC

DPI - Fisheries

Workshop to aid the preparation of the Nambucca River Master Plan.

Macksville

10.30 am – 11.30 am

Nambucca River Estuary and Coastline Management Committee

Present the Final draft Master Plan for endorsement and recommendation to Council for exhibition

Nambucca Heads

5.00 pm – 7.00 pm

Community

Presentation and discussion of Draft Documents during exhibition period.

Macksville

10.30 am – 11.30 am

Nambucca River Estuary and Coastline Management Committee

Present the Final Master Plan for endorsement and recommendation to Council for adoption

#These workshops may be held on the same day/visit.

 

WEBSITE

 

The Consultant is required to establish a project web-page within three weeks of being awarded the consultancy. The web page is to be managed and maintained by the consultant for the duration of the consultancy and for a period of 2 months following the adoption of the final Master Plan by Council. A quick link is to be established from the Nambucca Shire Council home page.

 

The web-page is to include at least the following:

 

·        Consultancy Company details and contact details of the dedicated project manager;

·        Project Brief;

·        Project timetable;

·        Three weekly progress reports;

·        All copies of public discussion papers, flyers, letters and handouts prepared as part of the Master Plan project;

·        Information relating to the community consultation workshops;

·        Reports on workshop outcomes;

·       
The facility to receive electronic comments and feedback;

·        The Draft Master Plan and associated documents during the public exhibition period;

·        The final adopted Master Plan and all associated documents for the two month period following adoption.

 

 

 

7.0     KEY PROJECT MILESTONES, DELIVERABLE’S AND DUE DATES

 

This project has tight time frames and will requir