NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

03 February 2011

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

Our Vision

Nambucca Valley ~ Living at its best.

 

Our  Mission Statement

 

‘The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.’

 

Our Values in Delivery

·                Effective leadership

·                Strategic direction

·                Sustainability of infrastructure and assets

·                Community involvement and enhancement through partnerships with Council

·                Enhancement and protection of the environment

·                Maximising business and employment opportunities through promotion of economic development

·                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

·                Actively pursuing resource sharing opportunities

 

Council Meetings:  Overview and Proceedings

 

Council meetings are held on the first and third Thursday of each month commencing at 5.30 pm.  Council meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville.

 

How can a Member of the Public Speak at a Council Meeting?

 

1        Addressing Council with regard to an item on the meeting agenda:

 

Members of the public are welcome to attend meetings and address the Council.  Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.  The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda.  Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item. 

 

2        Public forum address regarding matters not on the meeting agenda:

 

Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda and the subject of the address is disclosed and recorded on the agenda.

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.  You must treat others with respect at all times.

 

Meeting Agenda

 

These are available from the Council's Administration Building, the Regional Libraries in Macksville and Nambucca Heads as well as Council’s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting - 03 February 2011

VENUE:   VALLA BEACH HALL, VALLA BEACH

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 20 January 2011

5        Notices of Motion

5.1     Notice of Motion - Proposed New clarence Regional Library Service Agreement  

6        PUBLIC FORUM

          1)       Mr Peter Veryard, Chairman Valla Beach & Urban Hall Committee of Management—Work

                   of the Hall Committee

          2)       Mr Pete Rundle, Resident of Valla

             i)        Can Council please provide an update regarding the reconstruction of Deep Creek Bridge

                      at Valla in terms of the current situation regarding tendering, the design sought, and any proposed schedule for works being completed?

             ii)       Following the spate of accidents on the existing Pacific Highway between Nambucca

                      Heads and Urunga, the RTA sought submissions from the public. Council (including the Mayor) also attended meetings with the RTA on this issue. Can the Council provide an update in respect of the consultation process and meetings with the RTA to describe what Council’s understanding is of what the RTA plans to do and when?

             iii)      In the last few months, the RTA has completed major Pacific Highway upgrades between

                      Tea Gardens and Bulahdelah, and between Moreland and Heron’s Creek, and they have recently started on the Kempsey to Frederickton section. They have, reportedly, also started compulsory acquisitions for the Macksville to Urunga section and in November 2010 they issued the Responses to Submissions and Preferred Project Report following on from the Environmental Assessment. Does Council have any information as to the proposed scheduling for construction work to start on the Macksville to Urunga section, especially given the amount of construction that was completed last year?

 

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED  (see 6.2)

9        General Manager Report

9.1     Outstanding Actions and Reports

9.2     Request that Council enter into a Memorandum of Understanding with TAFE NSW - North Coast Institute

9.3     Nambucca Men's Shed - Request for Support

9.4     Request to Change Name - "Valla Beach Urban and Hall Committee of Management" to "Valla Beach Community Association"

10      Director Environment and Planning Report

10.1   Outstanding DA's greater than 12 months, applications where submissions received not determined to 10 January 2011

10.2   DA's and CDC's Received and Determined under Delegated Authority 21 January 2011

10.3   Youth Week 2011 - Program

10.4   Registration 51st Annual Floodplain Management Authorities Conference  - 22-25 February 2011 at Tamworth

10.5   Local Development Committee (Traffic) - Operations and Membership

10.6   Changes To EP&A Regulation 2000 for Complying Development Under Code SEPP 2008

11      Director Engineering Services Report

11.1   Update:  Planet Footprint Environmental Scorekeeping     


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 

   


Ordinary Council Meeting

3 February 2011

Notice of Motion

ITEM 5.1      SF1595            030211         Notice of Motion - Proposed New clarence Regional Library Service Agreement

 

AUTHOR/ENQUIRIES:     Anne Smyth, Councillor         

 

Summary:

 

The current Clarence Regional Library Service Agreement expires on the 1st November 2011. That agreement has been in place since the 1st November 2006 and was entered into under s.12 of the Library Act 1939.  The next meeting of the Clarence Regional Library Committee of Management is on 4th February 2011.  At this meeting, Council delegates to the Committee are being asked to endorse the Draft Clarence Regional Library Service Agreement for adoption by the Executive Council, i.e. Clarence Valley Council. 

 

 

Recommendation:

 

That Council request the Clarence Regional Library Committee of Management defer any decision on the Draft Agreement to allow Council time to consider the contents and provide direction for our delegates.

 

 

OPTIONS

 

Council could choose not to request deferral. 

 

DISCUSSION

 

The current Clarence Regional Library Service Agreement expires on the 1 November 2011.  That agreement has been in place since the 1 November 2006 and was entered into under s.12 of the Library Act 1939The purpose of adopting an agreement between Councils for the delivery of library services is to enable delivery of a better service than would be possible by individual Councils operating independently.  The model adopted by the Clarence Regional Library delivers most of these benefits under an arrangement where Bellingen and Nambucca Shire Councils have delegated authority for specified activities to Clarence Valley Council (CVC).  As the Executive Council, CVC makes the final decision about recommendations put forward by the Clarence Regional Library Committee. 

 

This is the first occasion on which the Draft Agreement has been put before the Clarence Regional Library Committee of Management.  I believe it would be appropriate for Council to have sufficient time to consider the contents before adopting any Agreement, in order to provide direction for Council’s delegates to this Committee. 

 

 

CONSULTATION:

 

Mayor and Cr Moran

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Deferral of the decision to endorse the Draft Agreement will have no impact on the environment.

 

Social

Deferral of the decision to endorse the Draft Agreement will have no social impact.

 

Economic

Deferral of the decision to endorse the Draft Agreement will have no economic impact.

 

Risk

There is a risk that Council will not achieve the best outcome for our ratepayers if we do not defer the decision to endorse the Draft Agreement.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Deferral of the decision will have no impact on budgets.

 

Source of fund and any variance to working funds

N/A

 

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting

3 February 2011

General Manager's Report

ITEM 9.1      SF959              030211         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.

 

 

 

No

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS


OCTOBER 2008

 

1

RF256

 

16/10/08

Notice of Motion - Riverbank Erosion - Riverside Drive Nambucca Heads – report re geotechnical engineers re stability of Riverside Drive

Final report assessed.  Maintenance recommendation included in works program.  There are a number of existing stormwater inlet pits within the study area which require maintenance.  These pits are blocked with vegetation and debris both within the pit and in the grate and lintel, grates are broken, and lintels are broken, reducing the inlet capacity of each pit.  Maintenance and repair of these pits will at least ensure each pit is functioning to its capacity.

DES

 

Catchment Assessment:

Phase 2 analysis of pipeline from Bismark to Nambucca Streets authorised.  Not expected to be completed until 31 July 2010.

 

GHD advise that ground survey completed.  Capacity analysis starts end of July 2010.

 

Options report received detail design and costing by 26 November 2010.

 

Report on land slips including Riverside Drive with costing and priorities for works program to Council in February 2011.

 

 

JULY 2009

2

SF1272

16/07/09

Council consider as a first priority the provision of a data link and adequate server for backup in the quarterly review.  That Council consider suitable remote office space to house disaster recovery equipment at the quarterly review.

 

GM

Report to meeting on 19/11/09.

Deferred to December 2009.

Quotes being sought for fibre optic link to the Library.  Will report when quotes are in.

Indefinitely delayed due to workload, illness and completion of Civica (Authority) implementation.

Provision made in Budget for 2010/11.

IT Support Officer now proceeding with implementation.  Work underway. Fibre optic cable has been laid and computer hardware (backup server) has been ordered.

 


 

AUGUST 2009

 

3

SF544

20/08/09

Council adopt the Draft Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan and review within 12 months.

 

GM

September 2010.

Plan currently being reviewed.

Deferred to October 2010.

Not completed – deferred to November 2010.

MANEX agreed to rehabilitate Bellwood between Pacific Hwy & Mumbler St with existing contributions.

To be included in Works Program for 2011/2012.

 

 

OCTOBER 2009

 

4

SF1075

15/10/09

Council review staffing requirements & costs for CCP milestones as well as the savings made in 12 months time.

 

DES

October 2010.

“Planet Footprint” engaged for 1 year at a cost of $3,450 to report on energy consumption by site and also to negotiate lower tariff for halls and museums with Country Energy.  Their first report will be to the October 2010 meeting.

Information not received at business paper deadline.

1st quarterly report received - to be reported to Jan 2011 GPC.

Deferred to February 2011.

 

JANUARY 2010

 

5

SF839

21/01/10

General Manager and Directors be reminded to report on potential revotes at quarterly reviews.

 

GM

On-going.

 

 

 

 

MARCH 2010

 

6

SF820

20/05/10

Quarterly performance review be presented to Clrs for comment at the first Council meeting of the month; with comments to be received by the next business paper deadline; and with the Performance review + Councillors comments to be considered at the following GPC.  Also dot points be replaced with no’s & an electronic copy to be provided to those Councillors who want it.

 

GM

On-going

 

 

 

7

SF46

20/05/10

Council consider becoming a member of the NSW Cemetery and Crematoria Association in 12 months time.

 

DEP

Report in May 2011.

 

JULY 2010

 

8

SF755

15/07/10

That Council defer a decision on demolition of the old amenities at Coronation Park to allow the Junior and Senior Rugby League Clubs to put their proposed business plan to Council explaining the uses, and how the work and ongoing maintenance is to be funded.

 

DES

Awaiting response from Clubs by the Committee of Management.

Committee submitted proposal for retention of amenities.

Report deferred to November to allow for further consultation with the clubs.

Clubs finalising their position.

Nothing heard from clubs – deadline for response 17 January 2011.

 

 

9

SF638

15/07/10

Council formulate a plan of management for land which is occupied by the Valla Beach Pre-School.

 

GM

Scheduled for October 2010.

Deferred to November 2010.

Pre School unable to secure an easement over adjoining land for maintenance of bushfire buffer.  Plan of Management to be prepared following resolution of Pre School extensions.

 

 

10

SF218

15/07/10

Council review investigations to extend sewer to the Lower Nambucca and investigate effluent disposal issues in Eungai.

 

GM/

DEP

Letter sent to owners in Lower Nambucca.  Briefing and discussion with property owners to be arranged.

DEP to investigate Eungai.

De Groot Benson contacted concerning a meeting date in February 2011.

 

 

SEPTEMBER 2010

 

11

SF1471, SF611

2/9/2010

Write to Minister for Local Govt requesting that the LG (manufactured Home Estates etc) Regulation 2005 be amended to require proposals to locate new dwellings in caravan parks to be notified to council prior to placement

DEP

Letter sent on 10/9/2010.

 

No response as at 26/10/2010.

Response received from Minister for Local Government 5 November 2010 advising that the matter has been referred to the Minister for Planning for consideration. See Trim document 27096/2010.

No response from Minister for Planning as at 25/1/11.

 

12

SF725

16/09/10

Council write to Minister for Roads, RTA and Local Traffic Committee re review of speed limit on Pacific Highway b/w Nambucca Heads and Burkes Lane and a median barrier.  Also Traffic Committee be asked to declare section a black spot.

GM

DES

Letters  sent on 20/10/2010

Listed for Traffic Committee 5 October 2010.

Listed for December 2010 meeting.

 

See minutes in report 20/1/2011.

 

13

SF741

16/09/10

That a further report on the Paveline operations be prepared for the half year July 2010 to December 2010 for comparison with the same period in the previous year.

DES

Report in February 2011

 

14

SF741

16/09/10

Council pursue the potential of recovering the cost (of the enlarged sludge lagoon at the Nambucca Heads STP) from the Public Works Department.

 

GM

Contracts have been reviewed and a letter containing a claim has been sent to the PWD on 29 September 2010.  Response received from PWD on 11 October denying liability.  Meeting to be held on 28 October 2010.  Awaiting finalisation of a design for bank of sludge lagoon.

Council’s solicitor, Terry Perkins has been instructed to act on Council’s behalf in pursuing the claim.

 

OCTOBER 2010

 

15

SF878

7/10/10

Mid North Weight of Loads Group – further information to be provided on the Group’s activities.

 

DES

Listed for November 2010.

Waiting for additional data.  Deferred to Dec 2010.

Information not received.  Deferred to Feb 2011.

 

16

SF394

21/10/10

Council be provided with advice on details of transfer of funds from ANZ to UBS Wealth Management Australia Ltd.

 

GM

Report to meeting on 18 November 2010.  Advice received on terminating the Macquarie Bank managed fund. 

CPG has now confirmed Council’s assumption that the UBS CMT is a managed fund and notwithstanding it is a settlement account for transacting purposes only, it would be in breach of the Minister’s orders.  CPG have had meetings with UBS to discuss possible alternatives.  Initially, CPG thought the most likely outcome would be that funds would be swept out daily to either Council’s external bank account or an at call cash account.  CPG to advise all their council clients of action to remedy the problem.

CPG have advised that UBS CMT, is a Managed Fund and that Council staff were correct in their assumption that the account, albeit that it is a settlement account, would be in breach of the Ministers’ Orders.  UBS have advised they have a cash account facility that is not a managed fund and pays higher interest rates than the existing UBS CMT account.  To utilise the “cash account” a Council needs to maintain a balance of $250,000 for 3 days to meet the wholesale client test.  UBS to provide further details.

 

 

17

SF1031

21/10/10

New policies be reported back to Council for determination.

 

GM

January 2011.

IPR current priority. Deferred to March 2011.

 

NOVEMBER 2010

 

18

SF1471

04/11/10

That a Saleyard seminar be held for the community after Council has received the report from Council’s Property Officer and prior to making any final decision on the future of the Saleyards.

 

GM

Report scheduled for December 2010.

Report scheduled for January 2011.

Property Officer to write to CMA requesting funds for improving Saleyards effluent issue.

 

Awaiting response from CMA.

 

 

19

SF382

18/11/10

Council approach LPMA with a proposed change to Scotts Head Master Plan – sketch plan showing 23 sites.  LPMA to discuss at a GPC.  Draft Plan of Management to re-categorise Adin Street Reserve as General Community Use to be placed on exhibition. Report on possible costs and revenue of MoU.

 

GM

Letter sent to LPMA on 22 November.  Will await decision on Master Plan before advertising re-categorisation so that public are properly informed before they have the opportunity to comment.

LPMA advised they would like to meet with the Mayor and General Manager to discuss the alternative master plan.  GM has advised that Council specifically resolved that the discussion be at a GPC meeting.

 

Mayor and GM meeting with LPMA on 13/1/2011.  Report to GPC on 16/2/2011.

 

 

20

SF29

18/11/10

Mayors and GM’s of the 3 Clarence Regional Library Councils have discussions regarding level of service ASAP.

 

DEP

Letter sent 24 November 2010.

 

Further letter sent 7 December with a suggested meeting date in late January 2011.

 

Friday 28 Jan 2011 – confirmed meeting date.

 

 

21

PRF54

18/11/10

Council approach LPMA re future management of Boultons Crossing (Gumma) Reserve

 

GM

Letter written to LPMA 26 November 2010.  Meeting with LPMA and Committee of Management arranged for 27/1/2011.

 

DECEMBER 2010

 

22

SF1064

2/12/10

Council write to the Parliamentary Secretary, Senator Don Farrell, to seek the formal grant offer for the $10m funding for the Bowraville off -river storage

 

DES

Manager Water and Sewerage to draft letter.

 

Letter sent

 

23

DA2004/136

2/12/10

That a report be provided to Councillors, as part of the quarterly budget review, regarding all costs to Council of all legal issues.

 

DEP

February 2011.

 

24

SF1403

2/12/10

Council write to RTA re safety investigation & speed zone review of Pacific H/w between Nambucca Heads and Urunga.

 

GM

Letter including submission from Ms Tahnee Milgate sent to RTA on 10 December 2012.

 

25

SF358

2/12/10

Council endeavour to increase reserve for the Macksville Aquatic Centre to $119,000 in 2011-12.

 

GM

To be included in budget for 2011/2012.

 

26

SF341

2/12/10

Council request from CoM involved with markets info regarding their insurance cover and a copy of any policies.

 

GM

Letters sent on 10 December 2012.

 

Responses received from 2 of 3 Committees of Management.  Information from 3rd Committee has been followed up.

 

27

SF296

2/12/10

Signage at Ferry Street Macksville – Council review after the Christmas break.

 

DEP

Report to Council in February 2011

Signs unable to be erected prior to Christmas.  Report deferred to April 2011.

 

28

PRF71

2/12/10

Council look at means of restricting car access via the bush to the rear of the skate park.

 

DES

To be arranged.

 

Program with Parks Supervisor but wet weather has intervened.

 

 

29

PRF53

16/12/10

 

Councillors be provided with a diagram of the existing River Street foreshore showing structures and vegetation.

 

DES

Survey completed.  To be report to February GPC.

 

30

PRF53

16/12/10

Council write to Country Energy asking if electricity cables can be bundled in River Street to reduce pruning as a community service.

 

DES

Letter to be sent.

 

31

SF1471

16/12/10

Council write to the Min. for Local Government & Opposition spokesperson seeking a monetary increase in the pensioner rebate to be jointly funded by the State Government & councils on the ratio of 70% to 30%.

 

GM

Letter sent 20/12/2010

 

32

SF674

16/12/10

Provision of a further report early in the new year re way forward for mixed waste processing.

 

GM

Report to Council in February 2011.  No information received as at 25/1/2011.

 

33

SF1372

16/12/10

Council’s Strategic Planner prepare a Climate Change Adaptation Policy for future adoption by Council to ensure that actions contained in the Climate Change Adaptation Strategy are given consideration in future decision making, policy implementation, strategy development & Council staff.

 

DEP

Targeting April 2011.

 

34

SF844

16/12/10

That a Project Implementation Management Plan for the off-stream dam be developed to include provision for hollow bearing trees that are removed as part of the pre-clearing survey to be replaced by nesting boxes of similar dimension provided in suitable vegetation, with the catchment above the dam top water level.

 

DES

GHD commissioned.  Plan anticipated in March 2011.

 

35

SF844

16/12/10

That the Nambucca District Water Supply Newsletter be distributed to the wider community, including libraries, Council front counters and to the directly affected landholders.

 

DES

Pending.  Newsletter issued with water charges.

 

36

SF1213

16/12/10

Council consider committing $40,000 to addressing the landslip (Ocean & Matthew Streets, Scotts Head) and receive a report on options for investigation including an onsite inspection and Council seek a quote from a geotechnical expert to provide a report on the work required to stabilise the slippage and an estimate of the cost.

 

DES

February GPC.

 

37

SF90

16/12/10

Council write to the RTA requesting formal advice about the statutory authority of the Local Development (Traffic) Committee, its terms of reference and its relationship with Council operations.

 

DES

Letter to be sent.

 

38

SF339

16/12/10

Unkya Reserve – matter be deferred to allow the Committee of Management to conduct a planning workshop that includes any interested existing and future user groups or individuals to determine a shared use arrangement.

 

GM

Report in February 2011

 

39

SF275

16/12/10

Council put forward a motion to the “A” Division Conference seeking State Government & Opposition support for local government obtaining an improved share of total taxation revenue and further that the “A” Division encourage other Divisions to do likewise.

 

GM

Letter sent 20/12/2010

 

JANUARY 2011

 

40

SF84

20/1/11

Council seek further information from the LGSA re the property based levy (for emergency services)

 

GM

Letter sent 21/1/11

 

41

SF84

20/1/11

Council write to RFS Commissioner re undertaking that increases in RFS contributions would be subject to review by IPART.

 

GM

Letter sent 21/1/11

 

42

RF275

20/1/11

Restoration of Bellingen Road

DES

Claim for Natural Disaster Relief funding lodged with RTA by letter dated 7/1/2011.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

3 February 2011

General Manager's Report

ITEM 9.2      SF1581            030211         Request that Council enter into a Memorandum of Understanding with TAFE NSW - North Coast Institute

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

A request has been received from the Institute Director of TAFE NSW – North Coast Institute to enter into a Memorandum of Understanding with Nambucca Shire Council to work cooperatively in education, skills and workforce development for the LGA as a whole and Council’s own workforce.

 

It is difficult to identify anything more important for the future of the Nambucca Valley than participation rates in post secondary education.  From that participation almost every aspect of our social wellbeing is improved through lower unemployment; greater economic wellbeing; improved self-esteem; reduced crime; improved health outcomes; as well as improving parental support for the next generation of students.

 

The Council has a good relationship with TAFE NSW – North Coast Institute as a training provider, but if the MoU can enhance that relationship to produce better collaborative outcomes in post secondary education then it will be worthwhile and assist in improving our economic and social outcomes.

 

 

Recommendation:

 

That Council enter the proposed Memorandum of Understanding with TAFE NSW – North Coast Institute being a strategic alliance to work cooperatively in education, skills and workforce development.

 

 

OPTIONS:

 

Council can choose whether it wishes to enter into the MoU in the form suggested by TAFE NSW – North Coast Institute or with amendments.

 

 

DISCUSSION:

 

The Mayor has received a request from the Institute Director of TAFE NSW – North Coast Institute to enter into a Memorandum of Understanding with Nambucca Shire Council to work cooperatively in education, skills and workforce development for the LGA as a whole and Council’s own workforce.

 

Under the MoU, the parties would commit themselves to a strategic alliance to:

 

2.1     Work jointly to promote the benefits of education and skills development to individuals, communities       and enterprises in the Nambucca LGA.

 

2.2     Partner to increase opportunities to access funding to assist individuals, communities and   enterprises within the Nambucca LGA in achieving their educational and workforce development        goals.

 

2.3     Work collaboratively with each other, schools, universities and other organisations to address        barriers to student aspirations, participation and completion in vocational education and training and       tertiary education programs.

 

2.4     Work cooperatively to optimise educational and skills development outcomes for disadvantaged    people and communities in the Nambucca LGA and to collaborate with other organisations to      achieve this objective.

 

2.5     Work collaboratively with each other, and local Aboriginal communities in the Nambucca LGA, to contribute to closing the gap for Aboriginal people in place based employment.

 

2.6     Explore and promote ways to support individuals in the Nambucca LGA to successfully enrol in and         complete North Coast TAFE programs to assist them to achieve their career and employment objectives.

 

2.7     Work collaboratively with each other, the local business community and regional development       bodies to support economic, industry and enterprise development, including support for start-up   businesses and new businesses relocating to the area.

 

2.8     Work jointly and collaboratively with other parties as appropriate to address the environmental, skills        shortage and social inclusion challenges within the Nambucca LGA.

 

2.9     Use the capability of both organisations to facilitate delivery of accredited vocational programs and          other learning and development programs for Council staff and management.

 

2.10   Explore and promote ways to support North Coast TAFE students to undertake course-related work         placements with the Nambucca Shire Council and other businesses in the LGA.

 

2.11   Advise our respective staff members on the intent and objective of this alliance and the expectation        of their involvement in joint initiatives to achieve them.

 

People who have participated in post secondary study have greatly improved employment prospects.  They are also more likely to earn higher incomes.  An individual’s education can also affect their health, and the health of their children, as well as the ability to make informed life decisions.

 

The following information is from the 2007 report by the Commonwealth Government on Overcoming Indigenous Disadvantage.

 

The social effects of an individual’s education include:

 

·      the schooling of children – parental education is a positive influence on student performance (OECD 2204; Wolfe and Haveman 2001; Zubrick et al. 2006)

·      efficiency of their choices – making the most of the opportunities on offer throughout life (Wolfe and Havement 2001; Zubrick et al. 2006)

·      their health outcomes and their children’s health outcomes – accessing health care as required assists in ensuring healthy successive generations (Wolfe and Havemen 2001; Zubrick et al. 2006).

 

Post secondary education includes both vocational education and training (VET) at institutions such as TAFE colleges, and higher education at universities.  Research suggests that young people who are not participating full time in education, training, work or some combination of these activities are more likely to have difficulty in making a transition to full time employment by their mid 20’s (Dusseldorp Skill Forum 2006; Marks 2006).

 

VET provides an opportunity for Indigenous people to attain post school qualifications and improve their employment prospects.  In addition, participation in VET may improve self-esteem, literacy and increase confidence (Gelade and Stehlik 2004; O’Callaghan 2005; NCVER 2005).

 

In summary it is difficult to identify anything more important for the future of the Nambucca Valley than participation rates in post secondary education.  From that participation almost every aspect of our social wellbeing is improved through lower unemployment; greater economic wellbeing; improved self-esteem; reduced crime; improved health outcomes; as well as improving parental support for the next generation of students.

 

The Council has a good relationship with TAFE NSW – North Coast Institute as a training provider, but if the MoU can enhance that relationship to produce better collaborative outcomes in post secondary education then it will be worthwhile and assist in improving the economic and social outcomes identified above.

 

 

CONSULTATION:

 

There has been consultation with the Mayor and Elizabeth McGregor, Institute Director, TAFE NSW – North Coast Institute.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

Increasing participation rates in post secondary education is a key driver to improving economic and social outcomes for the whole Nambucca Valley.

 

Economic

 

Improving post secondary education outcomes will lead to a reduction in unemployment; increased economic growth; and an improvement in a raft of social indicators.

 

Risk

 

The Memorandum of Understanding does not have any risk implications for Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

31272/2010 - TAFE request for MOU

 

  


Ordinary Council Meeting - 3 February 2011

Request that Council enter into a Memorandum of Understanding with TAFE NSW - North Coast Institute

 



 


Ordinary Council Meeting

3 February 2011

General Manager's Report

ITEM 9.3      SF652              030211         Nambucca Men's Shed - Request for Support

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Currently the Nambucca Men’s Shed is operating in an inadequate building in Railway Parade, Nambucca Heads which has a rental cost in excess of $11,000 per annum.

 

Over the past 2.5 years the Nambucca Men’s Shed and Council have investigated a large number of potential sites for a replacement Men’s Shed.  None of the sites have proven suitable.  Major issues in locating suitable land have been the cost of providing services; incompatibility with nearby residential land uses; and flood liability.

 

After years of searching, a serviced industrial lot of approximately 1,800 sq m in the CentraPark industrial subdivision at the negotiated per square metre rate is the preferred site for the replacement Men’s Shed.  The site is flat and there will be no compatibility issues with surrounding land uses.  The site is also fully serviced and unlike the other sites previously investigated there is no prospect of Council becoming liable for the provision of services and other work.

 

Given the importance of the Men’s Shed to a host of community programs particularly relating to the provision of training and skills to the unemployed; the cost of the land and its development; and the benefit of them owning a facility; it is recommended that Council make a financial contribution to the Men’s Shed of $40,000 towards the acquisition of the land.  Council would provide a written undertaking to pay this money at settlement of the acquisition.

 

It is also recommended that Council meet the costs of the development and construction certificate applications and Section 94 contribution for the railway overbridge as a further donation under Section 356 of the Local Government Act.  Based on the $63,000 estimated cost of the building, the value of this donation is $2,150 for the applications and $740 for the Section 94 contribution, a total of $2,890.

 

 

Recommendation:

 

1.       That Council make a financial contribution to the Nambucca Men’s Shed of $40,000 towards           the acquisition of the land in the Macksville Industrial Estate with the funds to be provided at           settlement.

 

2.       That Council meet the costs of the development and construction certificate applications           and Section 94 contribution for the railway overbridge as a further donation under Section           356 of the Local Government Act.

 

 

OPTIONS:

 

There are a range of options.  Council can provide the Nambucca Men’s Shed with financial support to acquire land or provide Council owned land.  Or it can decide to do neither.

 

Council’s land register has been examined and all Council owned and Council controlled Crown Land has been investigated for suitability as a site for the Nambucca Men’s Shed.  Major issues in locating suitable land have been the cost of providing services; incompatibility with nearby residential land uses; and flood liability.  The sites with most potential were investigated by the Men’s Shed and Council over a 2.5 year period and are reported on below.

 

 

DISCUSSION:

 

The Nambucca Men’s Shed has been in operation since October 2000 and in fact has been used as a model by many subsequent sheds throughout Australia.  The Men’s Shed is a community project aimed at maintaining and expanding men’s social networks, providing health care information, education and work related skills to encourage men to participate in projects that benefit the whole community.  The Men’s Shed has made and repaired toys, furniture, boats, trailers, caravans and many other items – some for donations, some to sell. 

 

Currently the Nambucca Men’s Shed is operating in an inadequate building in Railway Parade, Nambucca Heads which has a rental cost in excess of $11,000 per annum.

 

In early 2005 the shed was facing closure due to the lack of available funding.  During this time a delegation of volunteers and the project officer approached the previous General Manager and Council staff with a view to acquiring somewhere to maintain the service.  Apparently the Council staff at the time proposed the use of the “chook pavilion” with the possibility of a longer term arrangement at a later date.  However the Men’s Shed was successful in receiving HACC (home and community care) funding allowing it to continue at a reduced service level of 3 days per week and the “chook pavilion” was not required.

 

In 2006, representatives of the Men’s Shed approached the new General Manager with a view to securing some (Council owned) land for the purpose of building a Men’s Shed to save on their rental expense and potentially increase their hours of operation.  From that point on a large number of potential sites have been investigated, but for different reasons no suitable Council owned sites have been identified.  A chronology of the investigations is as follows:

 

August 2008 – Proposal to use land behind the Mary Boulton Museum for the construction of a Men’s Shed and kitchen.  The kitchen was an initiative of the Nambucca Valley Community Services Council Inc. for the production of home delivered meals (meals on wheels).  The location would also allow the Men’s Shed to provide assistance to the Museum in the restoration of furniture, farm equipment and tools for display at the Museum.  The cost of providing sewerage to the site meant the kitchen could not proceed.  It was later determined that the ground condition was unsuitable for septic tanks.

 

May 2009 – Proposal to use land on the corner of the Pacific Highway and the northern link road to Nambucca Heads.  Land has a significant slope and no services.

 

June 2009 – Council’s Director Engineering Services indicates Men’s Shed will have to consider other sites.  Inspection of site at Showground arranged.

 

July 2009 – Showground Committee reject proposed location.  Location of buildings would restrict the three major events being the Show, Pro-Ag and Rusty Iron Rally.

 

August 2009 – Council’s Director Engineering Services suggests the Donnelly Welsh Fields as another possible site option.

 

January 2010 – Plans prepared and a DA is submitted for a Men’s Shed at the northern end of the Donnelly Welsh Fields.

 

March 2010 – Objections received to DA and following a meeting with Council’s planning staff the DA is withdrawn.

 

March 2010 – Following withdrawal of the DA for Donnelly Welsh Fields, at the suggestion of Council staff, representatives of the Men’s Shed investigate a site at Farringdon Playing Fields.  Discussions with Lands Council representatives concerning the cultural significance of the site and the proximity of adjoining housing lead to a conclusion the site is unsuitable.

 

June 2010 – Men’s Shed receives $52,000 capital grant from the NSW Government’s Community Building Partnership Program for the construction of a new shed.  The proposed shed is 15m x 22m.

 

June 2010 – Men’s Shed requests that Council revisit land at the Showground as a possible site for the location of the shed.

 

July 2010 – General Manager advises the Men’s Shed that Council considered 3 sites in August 2009, being the Macksville Showground, Council’s Works Depot and the Donnelly Welsh Playing Fields and resolved that Donnelly Welsh Playing Fields was the preferred location.

 

November 2010 – Men’s Shed representatives hold meeting with Showground Committee and obtain agreement to investigate a parcel of land in the north western corner of the Showground.

 

November 2010 – Mayor and General Manager with Showground Committee representatives view suggested location in north western corner.  Site would require the placement of a large amount of fill on the floodplain.  Front of site also likely to conflict with Show activities.  Site not considered suitable.

 

December/January 2011 – Council staff negotiate with owners of CentraPark industrial subdivision to acquire a serviced industrial lot (opposite Australia Pre-Cast Solutions) for the Men’s Shed.  Manager Business Development negotiates a reasonable purchase price based on a charitable use.  Refer confidential circularised memo.

 

It is a matter for Council as to what, if any, financial assistance they provide to the Men’s Shed and the form of that assistance.

 

Council has been assisting the Men’s Shed in trying to secure a new site for many years.  And with that there is an expectation that Council would at least provide a site and some in kind assistance in the establishment of a replacement shed.  Council does provide assistance to charitable, sporting, and community not for profit organisations on a case by case basis.  For example, funding has previously been made available to the Bowraville Arts Council; the Bowraville Sport and Recreation Club; the Nambucca Valley Netball Association; the North Coast Computer Program; and the Cancer support group.

 

After years of searching, a serviced industrial lot of approximately 1,800 sq m in the CentraPark industrial subdivision at the negotiated per square metre rate is the preferred site for the replacement Men’s Shed.  The site is flat and there will be no compatibility issues with surrounding land uses.  The site is also fully serviced and unlike the other sites previously investigated there is no prospect of Council becoming liable for the provision of services and other work.

 

It is preferred that Council’s commitment be a “one off” contribution because our financial resources are incapable of accepting on-going liability for such activities, regardless of their community benefit.  Financial support which allows the Men’s Shed to acquire their own site instead of occupying a Council owned site is also preferred as in the future they will have equity against which they can borrow funds.

 

Given the importance of the Men’s Shed to a host of community programs particularly relating to the provision of training and skills to the unemployed; the cost of the land and its development; and the benefit of them owning a facility; it is recommended that Council make a financial contribution to the Men’s Shed of $40,000 towards the acquisition of the land.  Council would provide a written undertaking to pay this money at settlement of the acquisition.

 

It is also recommended that Council meet the costs of the development and construction certificate applications and Section 94 contribution for the railway overbridge as a further donation under Section 356 of the Local Government Act.  Based on the $63,000 estimated cost of the building, the value of this donation is $2,150 for the applications and $740 for the Section 94 contribution, a total of $2,890.

 

CONSULTATION:

 

There have been on-going discussions and negotiations with the Men’s Shed and the Nambucca Valley Community Services Council Inc. over many years in relation to a new site for the Nambucca Men’s Shed.  There have also been discussions and negotiations with Committees of Management at the Showground, Mary Boulton Museum and the Emergency Operations Centre.

 

 

SUSTAINABILITY ASSESSMENT:

 


Environment

 

There are no implications for the environment.

 

Social

 

The Nambucca Men’s Shed has provided support services for the unemployed, people with disabilities and the retired over the past 11 years.  On each Tuesday, Wednesday and Thursday approximately 12 – 17 men participate in the various programs run by the Men’s Shed.

 

Some of the achievements and partnerships since the projects commenced in 2000 include:

 

1.         TAFE/Youth Services Group for Certificate 2 in metal fabrication and production.  10 young people completed the course in 2008, 9 with honours.

2.         TAFE outreach welding courses

3.         Construction of information signs and Indian Minor bird traps for Council

4.         TAFE outreach mentor training, OH&S training

5.         Wesley employment – job start training and work for the dole

6.         Local high schools – mentoring and work skills

7.         Adult community education – course in small engine maintenance, furniture restoration

8.         Nambucca Youth Services – steps at rear of youth centre, renovations, mobile food van

9.         Local Rotary and Lions picnic tables, Christmas decorations

10.        CWA – repair old tables, build new tables, enclose are under hall

11.        Family day care – shelving counters, entry door

12.        Nambucca Valley Neighbourhood Centre – shelving, tables

13.        Centrelink – older men with mutual obligation requirements, job network training

14.        Probation and Parole – Community Service orders

15.        Juvenile Justice – young Indigenous support

16.        Reconnect – mobile support van, box trailer, youth mentoring

17.        Para-Squad Coffs Harbour – trailer to transport access dinghies for disabled sailors.

 

Economic

 

There are positive economic implications in keeping funding for these community services in the Nambucca Valley.

 

Risk

 

There is no significant risk.  Under Section 356 of the Local Government Act, council can financially assist groups such as the Men’s Shed.   It is a matter for Council as to how much funding it provides to such groups.  Council has to balance the assistance it provides to such services against its other responsibilities, particularly in relation to asset management.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no provision in Council’s budget for this expenditure.

 

Source of fund and any variance to working funds

 

Given that the Men’s Shed will need to act quickly to secure land in the CentraPark industrial estate, working funds is the only source of available funding.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

3 February 2011

General Manager's Report

ITEM 9.4      SF341              030211         Request to Change Name - "Valla Beach Urban and Hall Committee of Management" to "Valla Beach Community Association"

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Valla Beach Urban and Hall Committee of Management have proposed to change their name to the, “Valla Beach Community Association”.

 

It is agreed that the existing “brief” for the Committee to bring to Council such matters as are seen to be for the betterment of the Valla Beach community is much broader than managing the hall and more akin to a “community association”.  Notwithstanding the name, the community association will remain a Section 355 Committee under the Local Government Act 1993.

 

Besides retaining the existing name, another naming option would be the, “Valla Beach Community Committee”.  This may avoid confusion between an Incorporated Association under the Associations Incorporation Act 2009 and a Committee of Management under the Local Government Act 1993.  However the Council does have Committees of Management which are also Incorporated Associations and indeed at some stage the group may seek incorporation.  In the end it is a “name” rather than the legal basis for the organisation’s existence.

 

 

Recommendation:

 

That Council agree to the Valla Beach Urban and Hall Committee of Management changing its name to the “Valla Beach Community Association”.

 

 

OPTIONS:

 

Besides retaining the existing name, another naming option would be the, “Valla Beach Community Committee”.  This may avoid confusion between an Incorporated Association under the Associations Incorporation Act 2009 and a Committee of Management under the Local Government Act 1993.  However the Council does have Committees of Management which are also Incorporated Associations and indeed at some stage the group may seek incorporation.  In the end it is a “name” rather than the legal basis for the organisation’s existence.

 

DISCUSSION:

 

It will be recalled that the Committee previously considered changing its name to the Valla Urban and Hall Committee of Management to reflect that fact that both Valla (rural) and Valla Beach residents participate on the Committee.  However this name change was not supported by the Valla Public Hall Committee of Management due to the “lack of information on why they (the Committee) would like to change their name”.

 

The Committee of Management have now proposed a different name.  From the attached minutes the Committee believe that the name, “Valla Beach Community Association”, better reflects the community work handled by the Committee of Management that the existing “Valla Beach Urban and Hall Committee of Management”.

 

The delegations of authority for the Committee provide as follows:

 

1.               Bring to Nambucca Shire Council such matters as are seen to be for the betterment of the Valla Beach community;

2.               Promote and foster activities which will be of benefit to all age groups;

3.               Maintain, improve and protect grounds, buildings and fittings;

4.               Undertake and regulate the casual hiring of premises and grounds, excluding camping;

5.               Conduct of fund raising activities.  Where such fundraising activities involve the sale of alcohol, a liquor licence and the approval of Council is required;

6.               Limit the expenditure of monies to the amount of funds held by the Committee at the time;

7.               Seek grants for the maintenance and upgrading of the building or its fittings, subject to the General Manager’s endorsement of the grant application;

8.               Appoint such contractors as are deemed necessary by the Committee from time to time to assist in the administration and maintenance of the buildings and/or the conduct of programmes or functions therein, subject to contracts which are of necessity for a long term being reviewed once per year;

9.               Make recommendations to the Council for any enhancement, expansion or upgrade of the facility the Committee considers appropriate;

10.              Make such other recommendations to the Council in respect of the facility as the Committee thinks appropriate from time to time;

11.              Project manage capital works where a specific written authority for the particular works has been provided by Council

 

It is agreed that the existing “brief” for the Committee to bring to Council such matters as are seen to be for the betterment of the Valla Beach community is much broader than managing the hall and more akin to a community association.  In fact the Committee spends far more time considering general community issues than it does managing the hall.

 

Notwithstanding the name, the “community association” will remain a Section 355 Committee under the Local Government Act 1993.

 

CONSULTATION:

 

There has been consultation with the Committee of Management.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no environmental implications.

 

Social

There are no significant social implications.  The name change may encourage additional community involvement.

 

Economic

There are no economic implications.

 

Risk

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is no budgetary impact.

 

Source of fund and any variance to working funds

There is no impact on working funds.

 

Attachments:

1View

2005/2011 - Minutes of Special Meeting - 6 January 2011

 

  


Ordinary Council Meeting - 3 February 2011

Request to Change Name - "Valla Beach Urban and Hall Committee of Management" to "Valla Beach Community Association"

 


  


Ordinary Council Meeting

3 February 2011

Director Environment & Planning's Report

ITEM 10.1    SF1589            030211         Outstanding DA's greater than 12 months, applications where submissions received not determined to 10 January 2011

 

AUTHOR/ENQUIRIES:     Barbara Parkins, Executive Assistant         

 

Summary:

 

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).

 

Table 2 are development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

 

1          That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

 

2          That the applications where submissions have been received be noted and received for information by Council.

 

 

 

DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED AND ARE NOT YET DETERMINED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2004/136

Ongoing from Court Decision

11 Lot Rural-Residential Subdivision

Lot 2 in DP 548175, 346 East West Road, Valla

§ Dust issues and related health problems

§ Clearing of koala habitat

§ Impacts on biodiversity

§ Threatened Species Act – 7 part assessment – doesn’t believe it satisfies it

§ Further consideration should be given to soil testing and endangered species

Further additional information received by letter dated 30 July 2010. DA readvertised and renotified until 13/9/10.

Request further information from applicant on 22 September.

Response received indicating information should be with Council by 29/10/10.

Response from DoP in regard to KPoM received 24/12/10 making suggested consent conditions

Response from RFS 4/1/11 requiring additional information

Extension granted to submit additional information, to 18/2/2011


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2006/142/01

Modification

27/09/2010

19 Lot Residential Subdivision - Alter the lot layout and carry out the subdivision in two stages

Lot 142 DP 809036, 2 Grandview Drive North, Macksville

§ Request for fencing to replace barbed wire fence

§ Concern with ROW

§ Request for final plan to be exhibited prior to final approval

§ Issue with overgrown nature of the property

 

Additional information requested 15/10/10 – received 16/11/10.

Awaiting response from RFS.

Amended plans received 23/12/10 – to be discussed with Manager Technical Services

Draft Consent done – to be determined by end of January 2011.

 

2010/234

27/09/2010

New School and 2 Lot Subdivision

Lot 11 DP 805157, 21 Dudley Street, Macksville

§ Concerns with traffic and road conditions for buses in Dudley & East Streets

§ Traffic Study lacking in accuracy

Discussed at a Development Traffic Committee meeting. Appropriate conditions of consent to be applied if the application is approved.

DA to be determined by JRPP, Briefing report for a future GPC meeting.

 

2008/239/01 Modification

22/11/2010

Concrete Batching Plant

Lot 4, DP 549892, 2 Centra Park Street, Macksville

§ Concerns with long term noise issues

§ Disregard for operating hours noted in original consent

To be presented to Council at a future General Purpose Business Meeting

 

2010/281

03/12/2010

Meat processing facility

Lot 2 DP 602704, 242 Soldiers Settlers road, Newee Creek

§ State of the existing road and the proposed volume of traffic proposed

Condition of consent to be imposed addressing submission concerns

Awaiting advice from the NSW Food Authority

 

2010/283

08/12/2010

Dwelling-house

Lot 30 DP 24431, 9 Allison  Road, Hyland Park

§ Impact on scenic view and amenity of high wall proposed

§ Building over the sewer main

Issues being dealt with in assessment of application.

Awaiting RFS comments.

Additional plans received 19/1/2011

To be determined by the end of January 2011.

 

2010/290

10/12/2010

3 Lot rural subdivision

Lot 1 DP 207547 & Lot 2 DP 1120679, 94 Boltons Crossing Road, Gumma

§ Safety issue with proposed access to Lot 11

§ Request access be relocated as proposed maps attached

Public notification finished 20/1/2011

RFS referral received 18/1/2011

Assessment to be completed by mid-February

 


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2002/330/03 Modification

14/12/2010

Driveway, Retaining Wall, General Storage Area, Water Tanks

Lot 78 DP 1080850, 3 Dickson Street, Nambucca Heads

§ Clarification on some items in the application ie intention to install a lift, will the window remain or be closed in, driveway entrance

§ If using laneway issues with sealing, drainage, etc to be considered.

Neighbour notification closes 20/1/2011

Concerns will be addressed when assessing the application

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting

3 February 2011

Director Environment & Planning's Report

ITEM 10.2    SF1589            030211         DA's and CDC's Received and Determined under Delegated Authority 21 January 2011

 

AUTHOR/ENQUIRIES:     Barbara Parkins, Executive Assistant         

 

Summary:

 

For Council’s information, below are listed Development Applications and Complying Development Applications received by Council and applications determined under Delegated Authority.

 

 

Recommendation:

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENT APPLICATIONS RECEIVED
TO 21 JANUARY 2011

 

DA Number

Application Date

Development

Address

2011/001

04/01/2011

Dwelling-House

Lot 6 DP 1049360, 211 Florence Wilmont Drive, Nambucca Heads

2011/002

05/01/2011

Advertising Sign

Lot 1 DP 1141820, 9-17 Short Street, Nambucca Heads

2011/003

07/01/2011

Dwelling Additions

Lot 12 DP 231122, 24 Banyandah Road, Hyland Park

2011/004

11/01/2011

Dwelling-House

Lot 1 DP 1062292, 3 Hill Street, Scotts Head

2011/005

20/01/2011

Solar Panel Tracking

Lot 162 DP 614701, 169 Taylors Arm Road, Macksville

2011/006

19/01/2011

Carport

Lot 39 DP 805577, 40 Kuta Avenue, Valla Beach

2011/600

10/01/2011

Private Certifier
Additions to dwelling

Lot 10 DP 129191, 42 Nelson Street, Nambucca Heads

2011/601

20/01/2011

Carport

Lot 6 DP 8942, 79 Wallace Street, Macksville

 

DEVELOPMENT APPLICATIONS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 21 JANUARY 2011

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

2010/285

Lot 110 DP 755562, 57 Brushbox Road, Eungai Rail

Burial Site

0

2010/279

Lot 23 DP 605456, 203 Allgomera Road, Allgomera

Dwelling-House

145,000

2010/291

Lot 2 DP 382674, 10 Bowra Street, Nambucca Heads

Attach new awning to front of shop

31,700

 

COMPLYING DEVELOPMENTS DETERMINED TO 21 JANUARY 2011

 

None were determined

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

3 February 2011

Director Environment & Planning's Report

ITEM 10.3    SF281              030211         Youth Week 2011 - Program

 

AUTHOR/ENQUIRIES:     Vicki Fernance, Youth Development Officer         

 

Summary:

 

Nambucca Shire Council will receive $1230 funding (funding agreement signed 13 October 2010) to run activities for the youth in the Shire as part of National Youth Week 2011.

 

Youth Week will be held 1–10 April 2011 – the theme is ‘Own It’.

 

 

Recommendation:

 

That Council approves the Youth Week 2011 activities which are being run by Nambucca Shire Council.

 

 

OPTIONS:

 

1           Council has the option of not being involved in Youth Week 2011.

 

2           Council has the option to amend the program.

 

 

DISCUSSION:

 

Nambucca Shire Council holds events every year around the Shire for Youth Week. Events are funded by the annual Council allocation and matched funding from the Commission for Children & Young People.

 

Consultation has taken place with interested stakeholders. The events that are being held will involve young people in the planning and implementation.

 

The following events have been planned (subject to final confirmation closer to Youth Week 2011).

 

Youth Forum

 

Council, as part of the Community Engagement Strategy, is proposing to hold forums, one of which is a Youth forum. This would be held at the start of Youth Week and would involve school students and young people from around the Shire. Anticipated start 11.30 am and finish at 2.30 pm. Venue and exact date to be decided.

 

Art/Photography/Literature Competition – theme ‘Own It’

 

The competition last year attracted 45 entries in all 3 categories. The competition will open on 31 January with entries closing Friday 18 March 2011. There will be 3 categories with prizes for 1st and 2nd in each.

 

The works will be displayed at Macksville Library for the duration of Youth Week where community members can also vote for the People’s Choice Award, one prize only.

 

Band Night

 

A Band Night will be held for young people on Saturday 2 April in Macksville, possible venue Macksville Basketball Stadium. It is anticipated that there will be 4-6 bands playing on the night. This event would also launch Youth Week 2011 in the Nambucca Shire.

 

Council’s Project Officer for Drink? Don’t Sink! will have activities during the band night, to raise young people’s awareness of the risks of drinking alcohol.

 

To minimize risk of bad behaviour outside of the venue, security guards will be hired and police will be notified of the event. Inside the venue there will be 12-15 supervisors made up of youth workers, parents and volunteers.

 

Circus Skills workshops

 

Nambucca Valley Youth Services Centre Incorporated is considering holding a Youthfest at Nambucca Heads Skate Park on the 10 April 2011. Youthfest involves a skate competition, music and stalls. If the event goes ahead, Council would participate by presenting up to 3 x 1 hours Circus Skills workshops (by Coffs Harbour Community Circus) to be held during the day.

 

The Project Officer will also be promoting Drink? Don’t Sink! at the Youthfest with brief activities and information.

 

It is anticipated that Council will be involved in other activities being held around the Shire in partnership with other organisations.

 

 

CONSULTATION:

 

Manager Community and Cultural Services

Project Officer – Drink? Don’t Sink!

Nambucca Valley Youth Services Centre

Young people

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

No impact on the environment.

 

Social

Youth Week is an opportunity to highlight young people’s valuable contribution to the community, empower them and create a better acceptance and understanding of young people.

 

Economic

There are no economic implications as Council receives funding to hold events in Youth Week.

 

Risk

Small element of risk regarding behaviour of young people outside of venue for the Band Night. This will be alleviated by the hiring of security guards and notification to Police of the activity.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

No impact as all events are fully funded by the Youth Week grant and Council’s allocation. The program is designed to fit with available funding.

 

Source of fund and any variance to working funds

Nil

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

3 February 2011

Director Environment & Planning's Report

ITEM 10.4    SF776              030211         Registration 51st Annual Floodplain Management Authorities Conference  - 22-25 February 2011 at Tamworth

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

Registrations are open for any Councillor wishing to attend the 51st Annual Floodplain Management Authorities Conference to be held in Tamworth 22-25 February 2011.

 

Director of Environment and Planning, Greg Meyers will be attending which would enable any interested Councillor/s transportation the and the conference

 

 

Recommendation:

 

That should any Councillor wish to attend they need to advise the Director Environment and Planning to enable registration to be completed.

 

 

OPTIONS:

 

 

 

DISCUSSION:

 

Registrations are open for the 51st Annual Floodplain Management Authorities Conference to be held in Tamworth  22 – 25 February 2011. A copy of the program and registration guide is available on line at:

http://www.tamworth.nsw.gov.au/Community/Festivals-and-Events/2011-Floodplain-Management-Conference/2011-Floodplain-Management-Conference/default.aspx

 

Director of Environment and Planning, Greg Meyers will be attending who is able to provide transport to any interested Councillor/s wishing to attend.

 

In accordance with previous resolutions of Council there is no specific budget allocation for Councillors other then their normal annual and carryover allocation. Any interested Councillor/s may need to confer with the Manager Finance Mr Craig Doolan to check their respective balances.

 

The registration costs for the full Conference is $1,045 per delegate.

 

The Program is comprehensive and provides attendees a selection of relevant topic areas to attend.

 

 

CONSULTATION:

 

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The matters discussed at the conference will relate to environmental management and impact issues associated with floodplain management.

 

Social

 

The matters discussed at the conference will relate the social impacts associated with floodplain management.

 

Economic

 

The matters discussed at the conference will relate to economic impacts issues associated with floodplain management.

 

Risk

 

A wide range of liability and risk issues are discussed at the conference.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on Council's budget as the registration costs are budgeted for in the staff training allocation and Councillor expense allocations.

 

Source of fund and any variance to working funds

 

General Fund and no variation is required.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

3 February 2011

Director Environment & Planning's Report

ITEM 10.5    SF90                030211         Local Development Committee (Traffic) - Operations and Membership

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

Council has dealt with issues regarding the Local Development Committee (Traffic) on several occasions. Further information has now been received on the Committee from the RTA.

 

This report addresses Council's concerns and makes recommendations for the future use of the Committee.

 

 

Recommendation:

 

1        That Council note the response from the RTA.

 

2        That Council retain the Local Development Committee (Traffic) as a technical advisory group to consider and make road and traffic recommendations for development applications which are likely to have an impact on local road and traffic usage other than applications identified under Schedule 3 of the ISEPP 2007 which will be referred to the RTA as required.

 

3        The group to be identified as the Local Traffic Advisory Group and its Terms of Reference and membership be as follows:

 

          TERMS OF REFERENCE:

To consider and make road and traffic recommendations for development applications which are likely to have an impact on local road and traffic usage other than those applications identified under Schedule 3 of the ISEPP 2007 which will be referred to the RTA as required.

 

          MEMBERSHIP:

          Manager Planning and Assessment – Convenor (NSC)

          Manager Technical Services (NSC)

          Police

          RTA

 

          MEETINGS:

          Meetings to follow the Local Traffic Committee meetings and/or be held as required.

 

 

OPTIONS:

 

Council could choose to note the response from the RTA and not retain the Local Development Traffic Advisory Group, which would mean all development applications not referred to the RTA under Schedule 3 of  ISEPP 2007, would be dealt with internally by Council's Engineering section without input from the Police or the RTA.

 

 

DISCUSSION:

 

When the minutes of the Local Development Committee held on 2 November 2010 were presented to Council for noting, Council deferred the matter seeking further information on the committee's makeup, its legal standing and authenticity.

 

A subsequent report was submitted to Council at its 2 December 2010 meeting. However, as the minutes were aligned with Development Application 2010/234 the Director of Environment and Planning had to declare a conflict of interest and left the meeting, therefore being unable to assist with the matter relating to the Local Development Committee (Traffic).

 

The matter was further deferred and advice was sought from the RTA in regard to the committee and its operations.

 

The RTA has now responded (see attached) and this report is intended to clarify this matter and seek direction from Council in regard to the Local Development Committee (Traffic).

 

As outlined in the RTA letter, the Local Development Committee was previously created under State Environmental Planning Policy 11 – Traffic Generating Developments (SEPP 11). With the introduction of State Environmental Planning Policy – Infrastructure in 2007 (ISEPP 2007), the need for the Local Development Committee (Traffic) was no longer legislated with Schedule 3 (see below in italics) of the ISEPP 2007 identifying the types of developments that are to be referred directly to the RTA for comment.

 

However, as noted in the RTA letter, the continuation of the Local Development Committee (Traffic) was accepted as one means of complying with the ISEPP 2007 to provide for timely input and processing of an application.

 

Clause 104 of the ISEPP 2007 (reproduced below in italics) is the relevant clause which activates the referral to the RTA. If the development proposal does not fall under any one of the specified activities under Schedule 3 then there is no requirement for referral to the RTA or the Local Development Committee (Traffic).The process for Council for matters not falling under schedule 3 would be an internal referral to Council's Engineering Department for advice with no input from Police or RTA.

 

104 Traffic-generating development

(1)        This clause applies to development specified in Column 1 of the Table to Schedule 3 that involves:

 

(a)      new premises of the relevant size or capacity, or

 

(b)      an enlargement or extension of existing premises, being an alteration or addition of the relevant size or capacity.

 

(2)        In this clause, "relevant size or capacity" means:

 

(a)      in relation to development on a site that has direct vehicular or pedestrian access to any road-the size or capacity specified opposite that development in Column 2 of the Table to Schedule 3, or

 

(b)      in relation to development on a site that has direct vehicular or pedestrian access to a classified road or to a road that connects to a classified road where the access (measured along the alignment of the connecting road) is within 90m of the connection-the size or capacity specified opposite that development in Column 3 of the Table to Schedule 3.

 

(3)        Before determining a development application for development to which this clause applies, the consent authority must:

 

(a)      give written notice of the application to the RTA within 7 days after the application is made, and

 

(b)      take into consideration:

(i)       any submission that the RTA provides in response to that notice within 21 days after the notice was given (unless, before the 21 days have passed, the RTA advises that it will not be making a submission), and

(ii)      the accessibility of the site concerned, including:

(A)     the efficiency of movement of people and freight to and from the site and the extent of multi-purpose trips, and

(B)     the potential to minimise the need for travel by car and to maximise movement of freight in containers or bulk freight by rail, and

 

(iii)     any potential traffic safety, road congestion or parking implications of the development.

 

(4)        The consent authority must give the RTA a copy of the determination of the application within 7 days after the determination is made.

 

 

ISEPP 2007

Schedule 3 Traffic generating development to be referred to the RTA

(Clause 104)

Column 1

Column 2

Column 3

Purpose of development

Note. 

The development may be the erection of new premises or the enlargement or extension of existing premises

Size or capacity—site with access to any road

Size or capacity—site with access to classified road or to road that connects to classified road (if access within 90m of connection, measured along alignment of connecting road)

Apartment or residential flat building

300 or more dwellings

75 or more dwellings

Area used exclusively for parking or any other development having ancillary parking accommodation

200 or more motor vehicles

50 or more motor vehicles

Commercial premises

10,000m2 in area

2,500m2 in area

Commercial premises and industry

15,000 m2 in area

4,000m2 in area

Drive-in theatres

200 or more motor vehicles

50 or more motor vehicles

Drive-in take away food outlets

200 or more motor vehicles

Any size or capacity

Educational establishments

50 or more students

 

Freight intermodal facilities and freight terminals

Any size or capacity

 

Heliports, airports or aerodromes

Any size or capacity

 

Hospital

200 or more beds

100 or more beds

Industry

20,000m2 in area

5,000m2 in area

Landfill, recycling facilities, waste transfer station

Any size or capacity

 

Motor showrooms

200 or more motor vehicles

50 or more motor vehicles

Parking

200 or more motor vehicles

50 or more motor vehicles

Places of assembly or places of public worship

200 or more motor vehicles

50 or more motor vehicles

Premises licensed under the Liquor Act 1982 or the Registered Clubs Act 1976

200 or more motor vehicles

50 or more motor vehicles

Refreshment rooms

200 or more motor vehicles

300m2

Roadside stalls, where only primary products produced on the property on which the building or place is situated are exposed or offered for sale

200 or more motor vehicles

Any size or capacity

Service stations (including service stations which have retail outlets)

200 or more motor vehicles

Any size or capacity

Shops

2,000m2

500m2

Shops and commercial premises

4,000m2

1,000m2

Subdivision of land

200 or more allotments where the subdivision includes the opening of a public road

50 or more allotments

Tourist facilities, recreation facilities, show grounds or sports grounds

200 or more motor vehicles

50 or more motor vehicles

Transport terminals, bulk stores, container depots or liquid fuel depots

8,000m2

 

Any other purpose

200 or more motor vehicles

 

 

There are advantages for Council and applicants through the use of the Local Development Committee (Traffic) as opposed to each specified application being forwarded to the RTA for comment. The Local Development Committee (Traffic) is usually made up of RTA, Police and Council personnel familiar with the local area and sites, they can undertake a site inspection and deal with matters in a more timely manner than a referral to the RTA who would deal with the matter generally remotely and apply standard recommendations that may not necessarily be site or location specific.

 

Whilst the ISEPP 2007 outlines the process for referrals it also makes it quite clear that the recommendations from the RTA do not necessarily have to be endorsed and incorporated into the final consent of an application. However, Council would need to be quite mindful of its duty of care if it was not to endorse and/or incorporate RTA recommendations relating to road, traffic and pedestrian safety.

 

Council raised queries as to what applications have been referred to the RTA and what have been dealt with by the Local Development Committee (Traffic).

 

Recent development applications referred to the RTA under the ISEPP 2007:

 

·              Primary School – Macksville*

·              Residential Subdivision Modification – North Macksville

·              Storage and Temporary Fencing Hire establishment – Burkes Lane Valla

·              Playground Equipment Macksville Ex-Services Club – Macksville

·              Drive In Liquor Outlet – Nambucca Heads

·              Demolish existing buildings and fill part of the site - Bellevue Drive, North Macksville

·              Home Activity Fish Sales – Lower Nambucca

·              Woolworths Supermarket – Macksville;

·              McDonalds – Nambucca Heads

·              Retail Complex – Nambucca Heads

·              Childcare Centre - Macksville

 

Recent development applications referred to Local Development Committee (Traffic):

·              Primary School – Macksville*

·              Residential Subdivisions – Upper Warrell Creek Rd South Macksville

·              Hotel Extensions - Macksville

 

As identified above there are not that many applications referred to the Local Development Committee (Traffic) for consideration. I confirm that the proposed Primary School was referred to both the Local Development Committee (Traffic) and the RTA. The RTA referral was initially due to the site falling into the identified investigation corridor for the new highway. However following Council's concerns the application was resent to the Regional Office pursuant to the ISEPP 2007.

 

It is being recommended that Council retain the Local Development Committee (Traffic) as a technical advisory group to consider and make road and traffic recommendations for development applications which are likely to have an impact on local road and traffic usage other than applications identified under Schedule 3 of the ISEPP 2007 which will be referred to the RTA as required.

 

The group to be identified as the Local Development Traffic Advisory Group and its membership being:

 

Manager Planning and Assessment – Convenor (NSC)

Manager Technical Services (NSC)

Police

RTA

 

Meetings will be held as required and to follow the Local Traffic Committee meetings.

 

 

CONSULTATION:

 

Director Engineering Services

Manager Civil Works

Manager Technical Services

Manager Planning and Assessment

RTA

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable to this report

 

Social

 

Not applicable to this report

 

Economic

 

Not applicable to this report

 

Risk

 

The establishment and use of a Technical Advisory group may identify a number of risks associated with traffic and road usage which may be addressed through appropriate conditions of consent.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Other than minimal costs with agenda papers, there is no other identified budget impacts as only a few meetings are held each year.

 

Source of fund and any variance to working funds

 

The costs with photocopying would be consumed in departmental operational costs.

 

Attachments:

1View

1252/2011 - RTA clarification and advice regarding Local Development Committee (LDC)

 

  


Ordinary Council Meeting - 3 February 2011

Local Development Committee (Traffic) - Operations and Membership

 

 


Ordinary Council Meeting

3 February 2011

Director Environment & Planning's Report

ITEM 10.6    SF1306            030211         Changes To EP&A Regulation 2000 for Complying Development Under Code SEPP 2008

 

AUTHOR/ENQUIRIES:     Phillip Gall, Manager Health and Building         

 

Summary:

 

The Department of Planning is continuing to roll out the uniform planning controls with additional codes and amendments being released on 25 February 2011 for the following areas:

 

·              Minor amendments to clarify administrative and process requirements.

·              New clause 126(3) has been introduced, which allows for a single complying development certificate to be issued for concurrent erection of single dwellings houses on consecutive lots.

·              New clause 130A, has been introduced which introduces the documentation requirements for assessment of bush fire risk in relation to complying development.

·              Schedule 4 of clause 3 has been amended to insert a reference to the land based exclusions in clause 1.17A of the Code SEPP that were previously contained in clause 1.19 of the Code SEPP (Planning Certificates).

·              Clause 136E has been amended to strengthen the requirements relating to the removal of asbestos for complying developments. It is a requirement that a copy of receipts for disposal of asbestos at a specified landfill site must be provided to the Principal Certifying Authority.

·              New clause, clause 21A of Schedule 7 Saving & transitional provisions, has been inserted which specifies that where an instrument makes reference to s76A(6) it is taken to mean a reference to s1.17A of the Codes SEPP.

·              New clause, clause 21B of Schedule 7 Saving and transitional provisions, has been inserted which continues concurrent with the commencement provisions of s79BA of the EP&A Act consultation with the rural fires service for a development application on bush fire prone land until the 25 February 2012.

·              Clause 8k has been amended to extend the transitional provisions for mines which have already lodged project applications and obtained Director-General’s Requirements for preparing an environmental assessment to 1 year.

 

The attached Fact Sheet provides a general overview of the changes to the Code SEPP provisions.

 

It is also noted that with such a constant rate of change being produced through the introduction of these amendments and new codes, staff time in handling enquiries and providing advice to the general public and developers is extended in the initial stages.

 

 

Recommendation:

 

1          The proposed amendments and new codes to be introduced from 25 February 2011 be noted.

 

2          A fee for service of $250 be adopted to assess bush fire prone lands for the purpose of issuing a Bush Fire Risk Certificate by suitably trained council staff under the provisions of Codes SEPP.

 

3          The proposed fee of $250 be advertised in accordance with the Local Government Act 1993.

 

4          The proposed fee for service be reviewed annually as part of Council’s Annual Management Plan process.

 

 


OPTIONS:

 

1          There aren’t too many options when looking at the amendments and proposed new codes. These will apply state wide.

 

2          Council may opt not to become involved in the issuing of Bush Fire Risk Certificates and leave it to the suitably qualified consultants.

 

3          Council look at establishing a suitable fee structure to cover the cost of assessing bush fire prone sites for the purpose of issuing a Bush Fire Risk Certificate by suitably trained/accredited staff.

 

 

DISCUSSION:

 

The key areas to be impacted by the changes are:

 

·              Changes to Exempt development

·              Amendments to the General Housing Code

·              New Rural Housing Code

·              Amendments to Housing Alterations Code

·              General Development Code

·              Demolition Code

·              Heritage conservation areas

·              Built to boundary

·              Bush fire prone land

·              Flood control lots

·              Changes to Section 149 Certificates

 

Council in the past had provisions under its DCP 10 for Complying Developments Certificate (CDC) in Flood and Bush fire prone lands, these controls where superseded with the introduction of the Code SEPP and Council’s LEP and DCP 2010.

 

The two areas that will have some impact on Council’s operation are that of flood and bushfire prone lands.

 

Flooding controls will relate to areas that have been accurately mapped which Council is in the process of having completed under the current Lower Nambucca Flood Study.  Complying Development Certificates will not be able to be issued in high risk or high hazard flood control area. Flood prone lands will be identified on a section 149 certificate. However only Council or a suitably qualified person is able to determine the level of flood risk that applies to a specific site.

 

The introduction of complying development certificate provisions into bush fire prone lands is requiring Council staff to undertaken a more active roll in assessing bush fire prone sites as the Rural Fire Service will be withdrawing their services as a referral agencies for dwelling approvals, requiring all sites to be assessed and a Bush Fire Risk Certificate (BFRC) to be issued. CDCs will not be permitted for bush fire prone lands with a Bush Fire Attack Level (BAL) of 40 or BAL Flame Zone.

 

The BFRC may be issued by either Council or a suitably qualified bush fire consultant. The RFS will assist with training of Council staff through the transitional period 25/02/2011 to 25/02/2012.

 

Amendments have had to be made to the provisions of the Local Government Act to ensure that adequate professional indemnity is afforded to Council and accredited/trained staff who may issue any BFRC on Council’s behalf.

 

This is a new fee for service activity that Council will have to establish a fee within its fees and charges and advertise in accordance with the Local Government Act 1993.

 

Once the Bush Fire Attack Level (BAL) has been established for a site the building design can be finalised and a the developer has the option of either coming back to Council or going to a Private Building Surveyor to have the CDC issued.

 

Private Building Surveyors will not be permitted to issue BFRC to establish the BAL of a bush fire prone site.

 

Council currently refer all applications to the RFS for class 1 & 10 buildings as required under the Planning for Bushfire Protection 2006 guidelines and this will not be the case after the expiry of the transition period on 25/02/2012. Additional staff resources is expected to be consumed to undertake the assessment of bush fire sites and the issuing of a bush fire risk certificate, even if Council does not become the principal certifying authority who issues the final CDC.

 

 

CONSULTATION

 

The new requirements have been provided to Council through fact sheets from the Department of Planning and further details provided to Planning and Building Department staff at seminars in December 2010.

 

 

SUSTAINABILITY ASSESSMENT

 

Environmental

 

The purpose of the amendments as they apply to flooding and bush fire prone lands is to ensure the CDC process can be adequately applied without having to put minimum impact development sites through the merit based assessment process (DA and CC) process. The correct assessment of environmental conditions on the site being vegetation and slope are key components in determining the BAL for a site and then the design of any buildings and occupant safety.

 

Social:

 

The accurate assessment of development sites may have social impacts, particularly in high flood risk or hazard areas and bush fire prone sites with BAL 40 or Flame zone. These extreme classifications pose risks to life and structures during such flood or fire events.

 

Economic:

 

The correct assessment and construction standards do have an economic impact on the property owners and Council and State agencies who provide services through the RFS (volunteers and funding) and SES (volunteers and funding).

 

Financial Implications

 

There will be a financial implication if a fee for services is not established to recoup the cost of assessing and issuing a Bush Fire Risk Certificate by council staff.

 

Attachments:

1View

1695/2011 - Overview of the changes to Code SEPP

 

  


Ordinary Council Meeting - 3 February 2011

Changes To EP&A Regulation 2000 for Complying Development Under Code SEPP 2008

 



  


Ordinary Council Meeting

3 February 2011

Director of Engineering Services Report

ITEM 11.1    SF1508            030211         Update:  Planet Footprint Environmental Scorekeeping

 

AUTHOR/ENQUIRIES:     Peter Baynes, Manager Assets         

 

Summary:

 

Council engaged Planet Footprint for the provision of environmental scorekeeping services in July 2010.  In the six months that Planet Footprint as been engaged considerable effort has been required to ensure data integrity and that reporting obligations have been met. 

 

Apart from some benchmarking with other entities the content of reports available is not proving to be any more detailed than that previously available from Council’s in-house system.

 

As an alternative to re-engaging Planet Footprint it is proposed that the in-house system used previously could be resurrected and that this would provide adequate information for Council to see how our energy usage and greenhouse gas production is trending over time and to be able to take action as necessary.

 

 

Recommendation:

 

That Council not re-engage Planet Footprint and revert to in-house monitoring and analysis of energy consumption and greenhouse gas production.

 

 

OPTIONS:

 

Re-engage Planet Footprint for the provision of environmental scorekeeping services.

 

 

DISCUSSION:

 

This report provides an update on the environmental scorekeeping services provided by Planet Footprint.

 

Council engaged Planet Footprint for the provision of environmental scorekeeping services in July 2010.  Planet Footprint defines environmental scorekeeping as ”the process of continuously and independently monitoring and reporting the environmental performance of an organisation.”

 

Prior to this Council had tracked greenhouse gas emissions and conducted analysis through a web based database provided as part of the Cities for Climate Protection Program.  Funding for the website was discontinued at the end of June 2009.  Following closure of the website Council was provided with a spreadsheet of raw data and this was developed internally to provide a history of Council’s energy usage and emissions.  Maintenance of the spreadsheet was responsibility of Engineering Services staff.

 

It was anticipated that Planet Footprint would provide data gathering and analysis more effectively than Council’s in-house system and in addition provide additional comparison and benchmarking with other entities.

 

Planet Footprint’s services include the following and comes at an annual cost of $3,450.

 

·              Measurement of Council performance across all key environmental issues.

·              Gathering, collating and managing performance data.

·              Provision of information to Council staff in easy-to-understand reports that show how to save money and improve environmental performance.

·              Comparing and benchmarking the performance of Council against other cities, municipalities and shires.

 

There was also an expectation that Planet Footprint would be able to recommend changes to electricity tariffs and/or service providers in order to reduce costs.  This has proven to not been the case.

 

In the six months that Planet Footprint has been engaged Engineering Services staff have had ongoing issues with ensuring data collection in relation to electricity usage has been adequate. 

 

The reports provided as circularised documents show that much of the content is based on estimates of energy usage rather than accurate source data.  For example, reports of fleet energy usage over three years are based on fuel usage data provided for a single year.  The content of reports available is not proving to be any more detailed than that previously available form Council’s in-house system.

 

As an alternative to re-engaging Planet Footprint it is proposed that the in-house system used previously could be resurrected.  Whilst there would be some initial effort to get the spreadsheet up to date again it is expected that the ongoing maintenance of it would require less effort than maintaining the present service provision.  Some, or all, of the annual fee paid to Planet Footprint could be redirected to funding additional hours for Engineering Staff to allow adequate attention to the maintenance and enhancement of our in-house system.

 

The main aspect of the Planet Footprint service that we are not able to replicate is the comparison and benchmarking with other entities.  Whilst there may be some value in knowing where we stand in comparison to others it is probably more important that Council is able to see how our energy usage and greenhouse gas production is trending over time and to be able to take action as necessary.  The in-house system allows generation of reports and charts to facilitate this.

 

 

CONSULTATION:

 

·              General Manager

·              Manager Civil Works

·              Technical Officer Assets

·              Planet Footprint

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This will have a positive impact on the environment.

 

Social

 

Continued monitoring and reporting of energy usage and greenhouse gas production will provide strong leadership for the community and improved social well being.

 

Economic

 

It could result in lower operational costs due to reduced energy usage.  This could mitigate future carbon offset costs.

 

Risk

 

No risks arise as a result of this report.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct impact on budgets as a result of this report.  Reverting to an in-house system will be at no additional cost.

 

Source of fund and any variance to working funds

 

No funds are required as a result of this report.

 

 

Attachments:

1View

 - CIRCULARISED DOCUMENT - Organisation Footprint - Energy (SF1508 - 2166/2011)

 

2View

 - CIRCULARISED DOCUMENT - Organisation Footprint - Greenhouse (SF1508 - 2171/2011)

 

3View

 - CIRCULARISED DOCUMENT - Organisation Footprint - Fleet (SF1508 - 2168/2011)

 

4

 - CIRCULARISED DOCUMENT - Organisation Footprint - Street Lighting (SF1508 - 2169/2011)

 

  


Ordinary Council Meeting - 3 February 2011

Update:  Planet Footprint Environmental Scorekeeping

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Update:  Planet Footprint Environmental Scorekeeping

 

 

 

CIRCULARISED DOCUMENT - Organisation Footprint - Energy (SF1508 - 2166/2011)

 

  Pages

 

 


Ordinary Council Meeting - 3 February 2011

Update:  Planet Footprint Environmental Scorekeeping

 

 

 

 

 

Placeholder for Attachment 2

 

 

 

Update:  Planet Footprint Environmental Scorekeeping

 

 

 

CIRCULARISED DOCUMENT - Organisation Footprint - Greenhouse (SF1508 - 2171/2011)

 

  Pages

 

 


Ordinary Council Meeting - 3 February 2011

Update:  Planet Footprint Environmental Scorekeeping

 

 

 

 

 

Placeholder for Attachment 3

 

 

 

Update:  Planet Footprint Environmental Scorekeeping

 

 

 

CIRCULARISED DOCUMENT - Organisation Footprint - Fleet (SF1508 - 2168/2011)

 

  Pages

 

 


Ordinary Council Meeting - 3 February 2011

Update:  Planet Footprint Environmental Scorekeeping

 

 

 

 

 

Placeholder for Attachment 4

 

 

 

Update:  Planet Footprint Environmental Scorekeeping

 

 

 

CIRCULARISED DOCUMENT - Organisation Footprint - Street Lighting (SF1508 - 2169/2011)

 

  Pages