NAMBUCCA

SHIRE COUNCIL

Ordinary Council Meeting

AGENDA ITEMS

28 May 2015

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

Our Vision

Nambucca Valley ~ Living at its best.

Our Mission Statement

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

Our Values in Delivery

· Effective leadership

· Strategic direction

· Sustainability of infrastructure and assets

· Community involvement and enhancement through partnerships with Council

· Enhancement and protection of the environment

· Maximising business and employment opportunities through promotion of economic development

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

· Actively pursuing resource sharing opportunities

Council Meetings: Overview and Proceedings

Council meetings are held on the last Thursday of each month AND on the Thursday two weeks before the Thursday meeting. Both meetings commence at 5.30 pm. Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

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

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

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

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

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 Council’s website: www.nambucca.nsw.gov.au

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting - 28 May 2015

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 - 14 May 2015...................................................................................... 6

5 NOTICES OF MOTION

6 PUBLIC FORUM

7 ASKING OF QUESTIONS WITH NOTICE

8 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9 General Manager Report

9.1 Outstanding Actions and Reports.................................................................................... 12

9.2 Annual Reporting of Contracts for Senior Staff................................................................ 20

9.3 Financial Assistance Grants to Local Government............................................................ 23

9.4 Proposed Development & Sale of 13 Lot Subdivision - Lot 22 DP 1036142, Treleaven Street, Hyland Park............................................................................................................................... 26

9.5 Report on Secondary Dwellings...................................................................................... 33

9.6 DA2015/032 - Proposed 25 Lot Subdivision of Existing Dwellings - Gumbayngirr Road, Bowraville...................................................................................................................................... 37

9.7 World Rally 2015 - Status Report..................................................................................... 57

9.8 Minutes of the Nambucca Shire Council Access Committee meeting held 28 April 2015...... 61

9.9 Amended Planning Proposal LEP Amendment no. 14 Schedule 1 Seniors Living Development 24 Coronation Drive Congarinni North .................................................................................. 65

9.10 Nambucca Shire Council Centenary Year 2015 - Commemorative Board Acknowledging all Councillors and Staff who Served in Centenary Year........................................................................ 147

9.11 Outstanding DA's greater than 12 months, applications where submissions received not determined from 7 Mayl 2015 to 20 May 2015.................................................................................. 149

9.12 Youth Week 2015.......................................................................................................... 151

9.13 Council Ranger's Report April 2015................................................................................ 153

9.14 Issues with the Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade.. 155

9.15 Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads .................................................................................................................................... 168

10 Assistant General Manager Corporate Services Report

10.1 Cycleway Plan Review .................................................................................................. 199

10.2 Developer Contributions Plan Review: Surf Life Saving Clubs ........................................ 212

10.3 Schedule of Council Public Meetings............................................................................. 229

10.4 Fit For the Future Submission Update............................................................................ 230

10.5 March 2015 Budget Review........................................................................................... 276

11 Assistant General Manager Engineering Services Report

11.1 Recognition of Council and Volunteer Support Provided to Cricket Australia for the Phillip Hughes Funeral Service............................................................................................................. 279

11.2 Mid North Weight of Loads Group meeting - 9 March 2015 ............................................. 281

11.3 Coastal Public Safety Risk Assessment for the Nambucca Local Government Area......... 287

11.4 NSW Office of Water 2013/14 Triple Bottom Line Performance Report and Action Plan for Water Supply and Sewerage............................................................................................................... 292

11.5 Closure of Unformed Council Road Through Lot 189 DP 755564 - 344 Williams Hill Road Talarm 304

11.6 Tender T006/2015 for Construction of a Skate Park at Macksville Park ........................... 310

11.7 Waste Management – Coffs Coast Waste Service Regional Waste and Resource Recovery Strategy .................................................................................................................................... 312

11.8 Off River Storage Adaptive Management - River Monitoring Committtee.......................... 316

12 General Manager's Summary of Items to be Discussed in Closed Meeting

12.1 Valla Growth Area - Acquisition of Employment Land

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

12.2 Tender T006/2015 Construction of a Skate Park at Macksville Park

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

a Questions raised by Councillors at 8 above

i MOTION TO CLOSE THE MEETING

ii PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

TO CLOSE

iii CONSIDERATION OF PUBLIC REPRESENTATIONS

iv DEAL WITH MOTION TO CLOSE THE MEETING

13 MEETING CLOSED TO THE PUBLIC

14 REVERT TO OPEN MEETING FOR DECISIONS IN RELATION TO ITEMS DISCUSSED IN CLOSED MEETING.

THIS MEETING WILL START AT 5.00PM

ITEM 11.1 - Recognition of Council and Volunteer Support Provided to Cricket Australia for the Phillip Hughes Funeral Service

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).

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 14 May 2015

The following document is the minutes of the Ordinary Council meeting held 14 May 2015. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 28 May 2015 and therefore subject to change. Please refer to the minutes of 28 May 2015 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Brian Finlayson
Cr Paula Flack	Cr Kim MacDonald
Cr Bob Morrison	Cr Anne Smyth
Cr Elaine South

ALSO PRESENT

Michael Coulter (General Manager)	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)	Monika Schuhmacher (Minute Secretary)

DISCLOSURE OF INTEREST

There were no disclosures of interest.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 April 2015

808/15 RESOLVED: (South/Smyth)

That the minutes of the Ordinary Council Meeting of 30 April 2015 be confirmed subject to the following amendment:

Item 12/1 - in relation to calling for a Division the resolution should read:

“Upon being put to the meeting, the motion was declared carried. Cr Hoban called for a Division seconded Cr Ainsworth.

For the Motion: Councillors JA Ainsworth, MB Ballangarry, BJ Finlayson, PF Flack, R Hoban,

B Morrison, A Smyth and ES South (Total 8)

Against the Motion: Nil (Total 0).

NOTICE OF MOTION - CR Hoban – LATE

ITEM 5 .1 SF2049 140515 Notice of Motion - Request for Natural Disaster Declaration (SF1862)

809/15 RESOLVED: (Ainsworth/MacDonald)

That Council write to the Minister for Emergency Services, The Hon David Elliott MP, with a copy to the Member for Oxley, requesting that the flood event of April 30 to May 2 2015 affecting the Nambucca Shire LGA be declared a Natural Disaster.

ASKING OF QUESTIONS WITH NOTICE

There were questions with Notice from Cr Flack with responses from the General Manager (in italics):

1 Is Council aware that Rally Australia apparently intends to carry out night racing in the Newee Creek section at its next Rally this year?

I am aware from a media release that there will be a night stage in the Newee Creek section.

2 The letter from World Rally Australia to affected residents regarding this year’s event refers to Council support (presumably including any night racing proposal). I am unaware that any proposal for this year’s Rally even has been put to Council. Has there been consultation with staff? If so, to what extent and outcome?

In relation to consultation, the process the organisers follow is different to the process we are used to. There have been several meetings in relation to particular aspects of the event. The meetings which I have attended or am familiar with concerned firstly options for the refuelling location in Macksville and secondly the use of the Taylors Arm Reserve. As I was unavailable the Mayor attended a meeting in relation to the use of the Taylors Arm Reserve. They (Rally Australia) seem not to put forward a completed proposal for consultation but, as I said, consult as they develop the proposal.

3 Is Council aware of any wider community consultation undertaken with regard to such a significant change in the racing plan as night racing?

I am not aware of what community consultation they have undertaken except that I know they consulted with the Taylors Arm Reserve Committee of Management.

4 If night racing is to occur have staff been advised of what level of environmental and social impact assessment has been undertaken?

I am not aware of what environmental or social impact assessment has been undertaken.

5 Is the World Rally now to be a permanent annual event?

My understanding from a media release today is that the event is secured for 2016, but its future after that is unknown.

6 What is Council’s contribution to this year’s World Rally event in terms of finance, road works, staff time or any other contribution?

The Manager Community Development will provide information in the report about this. I am of the understanding our contribution and involvement is minimal.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There were no questions for Closed Meeting where due Notice has been received.

General Manager Report

ITEM 9.1 SF959 140515 Outstanding Actions and Reports

810/15 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 9.2 SF24 140515 Annual NAIDOC Week March- Request for Waiving Fees for Application and Events on Roads

811/15 RESOLVED: (Smyth/Ballangarry)

1 That Council waive the $134.00 Application Fee for Activities and Events on Roads.

2 That Council waive the $154.00 advertising free.

3 That Council thank the Bowraville Local Aboriginal Land Council for their assistance in organising the annual NAIDOC week march and for providing insurance for the event.

ITEM 9.3 LF2766 140515 Aukaka Caravan Park - Request that Council Support Partial Road Closure and Purchase

812/15 RESOLVED: (Finlayson/Ainsworth)

1 That the property owner be invited to lodge a Section 138 application under the Roads Act to allow the continued occupation of the land and that this be referred to Roads and Maritime Services for their concurrence.

2 That the property owner be invited to lodge a road closure application for the section of land which is encroached and the concurrence of the Roads and Maritime Services be sought for this.

3 That the property owner be responsible for all fees and costs in relation to the Section 138 and road closure applications.

ITEM 9.4 SF972 140515 Work for the Dole - Valla Beach Car Park

813/15 RESOLVED: (Ainsworth/South)

a/so

That Council note the information in relation to the “clean up” work around the North Valla car park at the bottom of Gregory Street, Valla Beach and the proposed rehabilitation work.

814/15 Resolved: (Flack/Smyth)

That Council receive a report regarding the possibility of funding a part-time natural resources officer/volunteer supervisor and that funding such a position be considered in the next round of environmental levy.

815/15 Resolved: (MacDonald/South)

That Council hear from the Treasurer of the Valla Beach Community Association, Mr Pete Rundle, regarding the Work for the Dole – Valla Beach Car Park (Item 9.4 above).

ITEM 9.5 DA2015/032 140515 DA2015/032 Assessment Report

816/15 RESOLVED: (Ainsworth/Finlayson)

That this item be deferred.

ITEM 9.6 SF2038 140515 2015 April - Development and Complying Development Applications Received

817/15 RESOLVED: (Ainsworth/MacDonald)

That the Development Applications and Complying Development Applications received in April 2015 be received for information.

ITEM 9.7 SF2038 140515 2015 April - Construction And Complying Development Certificates Approved

818/15 RESOLVED: (MacDonald/Flack)

That the Construction and Complying Development Certificates approved for April 2015 be noted and received for information by Council.

ITEM 9.8 SF2038 140515 Outstanding DA's greater than 12 months, applications where submissions received not determined from 22 April 2015 to 6 May 2015

819/15 RESOLVED: (South/Smyth)

That the information be noted by Council.

General Manager Report – LATE

ITEM 9.9 SF2070 140515 Transport for NSW Regional Boating Plan Mid North Coast Region - Priority Regional Projects Nambucca Shire

820/15 RESOLVED: (Ainsworth/Finlayson)

That Council secures the Regional Boating priority projects that have been offered to Council, Council commit the funds identified in this report to the projects and also contribute the following funds to the projects in the 2016/17 and 2017/18 financial years.

- $123,500 general budget over 2 years being ($61,750 2016/17 & $61,750 2017/18)

- $36,840 s94 Open Space Contribution funds over 2 years being ($18,420 2016/17 & $18,420 2017/18)

Assistant General Manager Corporate Services Report

ITEM 10.1 SF2006 140515 Borrowing Program 2014-2015

821/15 RESOLVED: (MacDonald/Morrison)

1 Council approves new borrowings of $300,000 for Infrastructure Works (Roads) as detailed in Council’s Delivery Program 2014-2015.

2 The approved terms of the loan are reducing balance loan for $300,000 for a 10 or 20 year term with a fixed interest rate and monthly repayments.

3 The General Manager accepts the most cost effective loan based on the requested terms.

4 Council authorise the Mayor and the General Manager to execute the Loan Agreement.

5 That in the event the successful financial institution requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement.

ITEM 10.2 SF265 140515 Purchase Cards - Repeal of Policy

822/15 RESOLVED: (Ainsworth/MacDonald)

That Council delete Council Purchasing Card Policy (2676/2008) as an adopted policy of Council.

ITEM 10.3 SF1620 140515 Draft Operational Plan and Long Term Financial Plan

823/15 RESOLVED: (Hoban/Ainsworth)

That Council resolve to place the draft 2015-2016 Operational Plan, draft 2015-16 Revenue Policy (Fees and Charges) and draft 2015-2025 Long Term Financial Plan on display for public comment and that submissions be received until 4.00 pm on Thursday 11 June 2015.

ITEM 10.4 SF544 140515 Developer Contributions Plan Review: Community Facilities and Public Open Space - Public Exhibition Period Approval

824/15 RESOLVEDS: (Ainsworth/Smyth)

That Council approve the Draft Community Facilities and Public Open Space Developer Contributions Plan be put on public exhibition from 21 May 2015 to 18 June 2015.

ITEM 10.5 SF251 140515 Schedule of Council Public Meetings

825/15 RESOLVED: (South/Ainsworth)

That the schedule of dates for public Council meetings be noted and received for information by Council.

ITEM 10.6 SF1991 140515 Investment Report To 30 April 2015

826/15 RESOLVED: (Ainsworth/Ballangarry)

That the Accountants’ Report on Investments placed to 30 April 2015 be noted.

ITEM 10.7 SF270 140515 Review of Policies - Payment of Fees, Expenses & Provision of Facilities to Councillors

827/15 RESOLVED: (MacDonald/Smyth)

1 That Council endorse the proposed minor changes to the Policies: Payment of Fees, Expenses and Provision of Facilities for Councillors Policy; Councillor Training and Development Policy; Use of Internet and Email Policy with the exception of deleting the fax machine for the Mayor and deleting the car kit for the Mayor.

2 That Council confirm that remuneration will be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal.

3 That Council determine that the amendments are not substantial and the Policies not be placed on Public Exhibition.

4 That the new amended Policies replace the Policies currently on Council’s website.

Note: Cr Morrison requested his vote be recorded against resolution 2 because it is not a good look when staff are being put off.

Assistant General Manager Engineering Services Report

ITEM 11.1 SF818 140515 Off River Storage Project - Dam Filling Options Report

828/15 RESOLVED: (Ainsworth/Finlayson)

That Council note the information provided.

ITEM 11.2 T001/2015 140515 Tender T001/2015 for Construction of a Sports Lighting System, Macksville Park Touch Football Fields

829/15 RESOLVED: (Finlayson/South)

1 That Council accept the conforming submission for T001/2015 Construction of a Sports Lighting System, Macksville Park Touch Football Fields, from Alan Kneale Electrical Pty Ltd.

2 That Council update the Contract Register.

For the motion: Councillors Hoban, South, Macdonald, Ainsworth, Finlayson, Smyth, Flack,

Ballangarry and Morrison (Total 9)

Against the motion: Nil

ITEM 11.3 SF453 140515 Waste Management Quarterly Report January - March 2015

830/15 RESOLVED: (Ainsworth/Finlayson)

That Council receive and note the information provided in the Waste Management Quarterly Report for the period January – March 2015.

ITEM 12.2 SF2006 140515 Borrowing Program 2014-15 Indicative Rate

831/15 Resolved: (Flack/Ainsworth)

That the information in Item 12.2 be noted.

ITEM 12.3 T001/2015 140515 Tender T001/2015 Construction of a Sports Lighting System at Macksville Park

832/15 Resolved: (Ainsworth/Flack)

That the information in Item 12.2 be noted.

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF791 140515 Valla Growth Area - Acquisition of Employment Land

833/15 Resolved: (Ainsworth/Smyth)

That Item 12.1 be deferred.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 7.00 pm.

Confirmed and signed by the Mayor on 28 May 2015.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

Ordinary Council Meeting 28 May 2015

General Manager

ITEM 9.1 SF959 280515 Outstanding Actions and Reports

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

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

Recommendation:

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

	FILE NO	COUNCIL MEETING	SUMMARY OF MATTER		ACTION BY			STATUS
MARCH 2011
1	DA2010/234	17/3/11	Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan		GM			Estuary Committee met on 30 October and have recommended the appointment of WMA Water to undertake the Floodplain Risk Management Plan. At Council’s meeting on 13 November it was resolved that WMA Water to appointed to prepare the Flood Risk Management Plan. The inception meeting will be held on 5 February 2015 to commence the process. WMA Water have advised they are identifying properties requiring survey and reviewing the flood model developed for the highway crossing for application to the Council flood risk study.
JULY 2011
2	SF1031	21/7/11	That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy		GM			Update as at 16 April - the project is awaiting the completion of the floodplain risk management matrix which will formally consider the acceptance or otherwise of a forecast climate change induced sea level rise of 900mm by 2100.
AUGUST 2013
3	SF1031	14/08/13	That the tree policy be again presented after Councillors have had sufficient time to comment on the amendments presented by Councillors and in view of the previous motion of Council, namely “Tree Removal” (SF629) containing the 6D principles.		AGMES			Report in September 2013. Deferred to October 2013. At the request of Cr Morrison this item has been deferred to the first meeting in November 2013. Cr Morrison has provided information to the Manager Civil Works who will draft a report to the December Council meeting. Staff on leave during December – deferred until February 2014. Deferred until April – Staff dealing with landslips. Deferred until May 2014 Deferred until June 2014 Deferred until September 2014 and a report will be prepared on the outcome of the meeting. Policy has been redrafted and a new operations procedures manual developed. A memo with the updated policy and procedures will be provided to Councillors for comment at the end of December Deferred with staff on leave - Guidelines and tree assessment form developed and now being trialled for tree assessment with the Policy and guideline review to be presented to Council for comment after trial – anticipate April. Deferred until September after the budget, restructure and staffing levels settle.
NOVEMBER 2013
4	SF642	28/11/13	That Council review both the Pesticides Use Notification Policy and Noxious Weed Policy.			AGMES	Report to April 2014 meeting and will include the State change to Noxious Weeds Act. Deferred until September – pending outcome of the Noxious weeds review following the Minister of Primary Industries request that the Natural Resources Commission (NRC) conduct a review into the effectiveness and efficiency of weed management in New South Wales. Report deferred to second meeting in November 2014 pending a meeting with Noxious Weeds Inspector and DPI regarding any changes to the Act. Deferred with staff on leave. Memo to Councillors now set for end February with other policy review, will be provided to Councillors for comment in accordance with adopted procedure. Now deferred to April 2015. Deferred until September after the budget, restructure and staffing levels settle,
DECEMBER 2013
5	SF1842	11/12/13		That if Council and IPART support a rate increase above rate pegging, Council provide a quarterly report either through a media release or its rates newsletter to confirm to ratepayers that the additional funds are being spent on roads and bridges as indicated in our community consultation.		GM	The first quarterly report would be the rates newsletter to be distributed with the 2014/2015 rates notice. Report produced. Media release issued before 13 November Council meeting. Second media release issued 20 May 2015.
AUGUST 2014
6	SF1148	14/08/14		That Council receive a report regarding nose to kerb parking including what other LGAs are doing in regard to parking; the pros and cons of various ways of parking; and a parking strategy for Council’s consideration.		AGMES	Report March 2015 Deferred until September due to resources as Manager Technical Services and relevant staff have a number of large projects and assessments of development and highway upgrades. Proposed to work on first draft and present the document to Council for comment in September before going out to the public.
7	SF595	28/08/14		That Council develop a plan of management for the ongoing maintenance of Hughes Creek.		GM	March 2015 Strategic planner seeking funding to engage a consultant to look at the entire system as part of the estuaries committee because of the nature of the creek system and its integration to the river PoM deferred pending funding. OEH Estuary Grant application submitted in March 2015 (project value $20,000). If successful a plan of management will be developed for Dawkins Lake to the Nambucca River via Hughes Creek. A funding announcement is expected in 2015/16.
SEPTEMBER 2014
8	~~SF791~~	~~11/09/14~~		~~There is a further report to Council on the outcome of the tender for the development of the subdivision (Hyland Park) and the reserve price for the lots.~~		GM	~~Report February 2015.~~ ~~Lots to be pegged out by Council’s Surveyor on his return from annual leave, ready for listing with an agent for sale “off the plan”.~~ ~~Work on pegging out land has commenced. Report to Council in March 2015.~~ ~~Report deferred to April 2015. Manager Business Development on leave.~~ ~~Council’s Surveyor currently pegging out lots. Will be reported to meeting in May. Enquiries with real estate agents suggest listing prices between $140,000 and $165,000.~~
9	SF399	26/09/14		Pending the outcome of the Fit for the Future reform process Council consider reducing the no. of Councillors from 9 to 7 via a referendum.		GM	Deferred to late 2015 (next LG general election scheduled for September 2016).
OCTOBER 2014
10	PRF72	16/10/14		Council proceed with the proposed reclassification of the Kingsworth Lake Reserve from community to operational land.		GM	Strategic Planner preparing a gateway proposal for the Dept of Planning & Environment. Following approval of the gateway proposal, the proposed reclassification will be advertised and a public hearing undertaken.
11	SF688	16/10/14		Council give public notice of its intention to reclassify land shown as proposed lots 2 and 3 as operational land and undertake the required public hearing (land to the west of the Valla Beach Pre-School)		GM	Strategic Planner preparing a gateway proposal for the Dept of Planning & Environment. Following approval of the gateway proposal, the proposed reclassification will be advertised and a public hearing undertaken. A report in the business paper to the meeting on 16/12/2014 regarding outcome of Valla Beach Community Association meeting and an alternative proposal was deferred at the request of the Pre-School. GM attended meeting at the Valla Beach Pre School on 27 January 2015. Awaiting advice from Pre School. Report to Council’s meeting on 16 April 2015 concerning Pre-School.
12	SF952	16/10/14		Unofficial rest area on Link Road – that a management plan for the future improvement of the site be prepared by Council and the Lions Club who have agreed to maintain the site after the management plan has been placed on public exhibition.		AGMES	Report March 2015. Meeting scheduled with Lions Executive in early March to draft a PoM and provide to Council for comment in April/May. Meeting with Lions Club on 4 March 2015. Current projects and staff resources (doing budgets, Fit for the Future and asset revaluation) proposed to work on first draft and present the document to Council and Lions for comment. Draft PoM to be provided to Councillors and Lions Club for comment towards the end of September 2015
NOVEMBER 2014
13	~~SF2031~~	~~27/11/14~~		~~Council’s 2015/16 budget considers a commemorative board for the Council Chambers acknowledging all Councillors and staff who served the Council in its centenary year.~~		GM	~~Report with operational plan – April/May 2015.~~ ~~To be reported in May 2015.~~
14	SF1997	27/11/14		Council’s Finance Section be asked to review, when time permits, Council’s current liquid equity levels & their relationship to the minimum level of Council’s policy.		AGMCS	Early 2015.
DECEMBER 2014
15	SF929	11/12/14		Council seek expressions of interest from BSC and CHCC on an alliance to operate a regional focussed VIC from the proposed highway service centre.		GM	Letters sent 18/12/2014 Response received from Bellingen Shire Council on 2 March 2015. As at 31/3/15 no response from CHCC. To be reported in June 2015.
16	~~SF247~~	~~11/12/14~~		~~Council make a submission to the NSW Office of Water seeking a funding contribution to the provision of sewerage to south Nambucca.~~		~~AGMES~~	~~Letter sent to Minister w/e 16/1/2015~~ ~~Response received and provided to Council 18 March advising Government are in caretaker mode and there are now funds available under the current Country Town Water and Sewerage Scheme.~~ ~~Council has not had a response regarding a funding grant through the National Stronger Regions Fund. This is the trigger for the next report.~~ Council has secured $241,340 in funding under the National Stronger Regions Fund (NSRF) Round One. An enquiry has been made in relation to the possibility of additional State funding under the Country Towns Water & Sewerage Program but the advice received is that the program is fully committed and there is zero possibility of funding being made available.
17	SF247	11/12/14		There is a further report to Council on the provision of sewerage to south Nambucca following the determination of the grant application under the National Stronger Regions Fund.		AGMES	Proposed for March 2015. Report deferred - Awaiting presentation from the Public Works (see item 24) and outcome of grants status before preparing a report. Funding application successful. Report in July 2015. Consideration being given to financing options.
JANUARY 2015
18	~~SF84~~	~~29/01/15~~		~~That Council write to the RFS requesting a detailed breakdown of the State (Head Office) “bid”.~~		~~AGMES~~	~~Further report presented to Council 12 Feb on an amended RFS BID and letter sent to the Commissioner Minister as per Council resolution 16 February.~~ ~~Acknowledgement letters received from the RFS and Premier advising receipt of the Council correspondence and a response will be sent in due course.~~ ~~Copy of the response provided to Councillors 20 May 2015~~
19	SF1541	29/01/15		Housekeeping amendments to Nambucca LEP 2010 (items c and d) is deferred for 2 months.		GM	Report April 2015 Will incorporate requested report from meeting on 16 April concerning secondary dwellings. Deferred until May. Further deferral until June.
20	~~SF674~~	~~29/01/15~~		That Coffs Harbour City Council is requested to establish a Regional Waste Committee to manage the preparation of the Regional Waste and Resource Recovery Strategy comprising a Councillor, responsible Director plus relevant waste services staff from each participating Council. Further that as part of the Strategy there be a review of the performance to date compared to the original 2004 proposal.		~~AGMES~~	~~Contact initiated by CHCC and a meeting date being organised.~~ ~~A report on updated proceedings will be presented to the 28 May 2015 Council meeting.~~
FEBRUARY 2015
21	~~SF2049~~	~~12/02/15~~		~~That Council write to the Senior Fisheries Manager at NSW Fisheries in Coffs Harbour with a copy to our Local Member requesting the following information …~~		GM	~~Letter sent to Fisheries on 19 February 2015.~~ ~~Refer to related resolution of 30 April 2015.~~
22	SF843	26/02/15		Council write to Bellingen Shire Council inviting them to join the Beach Permit System.		AGMES	Letter sent 5 March 2015
MARCH 2015
23	LF4225	12/03/15		2 Nelson Street – Council write to the Minister for Lands setting out the history, the issues Council is facing: there was no community consultation on the sale of the land; the issues faced by the private land owners regarding their land stabilisation; the resolution of Council to support a lease and the conflicting advice given by the Office of Lands in Grafton. And further, that Council requires an urgent definitive response to finalise the matter.		GM	Letter written w/e 20/3/2015 Follow up letter written 21/05/15
24	~~SF841~~	~~12/03/15~~		Council write to the Premier, the Leader of the Opposition and the Member for Oxley indicating Council’s disappointment in the complete lack of regard, by the Minister for Roads Office, to Council’s financial wellbeing and clarity for rate payers and reluctance to work together as levels of government.		GM	~~Letter written w/e 20/3/2015~~
25	SF841	12/03/15		Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that the bridges and major culvert structures which are located on the existing Pacific Highway through the Nambucca Valley should remain State assets and not be handed over to Council.		GM	Letter written w/e 20/3/2015
26	SF2049	26/03/15		Council write to the Premier of NSW expressing Council’s support for the recommendations resulting from the Law and Justice Committee’s Inquiry into the Bowraville murders and asking that they be implemented as a matter of urgency.		GM	Letter signed by Mayor and sent on 30/03/15
27	~~SF904~~	~~26/03/15~~		~~That a report be prepared on the implementation of the recommendations from the Coastal Public Safety Risk Assessment for the Nambucca LGA.~~		~~AGMES~~	~~Report to May Council Meeting.~~
APRIL 2015
28	~~2015/003~~	~~16/04/15~~		~~That Council receive a report on a review of the LEP in regard to secondary dwellings, granny flats and primary dwellings.~~		GM	~~Report to May Council meeting.~~
29	SF848	16/04/15		That Council approaches the property owners (of the small lot off Wallace Lane, Macksville) and discuss options of dedicating this land to Council as public land or pay the rates or consolidate the land into an adjoining property.		AGMCS	Report to June Council meeting
30	SF2049	30/04/15		Council receive a report on the use of motels for long term accommodation addressing such issues as the maximum length of stay, any required facilities for longer term accommodation and the details of any inspection regimes or compliance checks.		GM	Report to June Council meeting
31	SF2049	30/04/15		Council write to the NSW Attorney General seeking details of the number of parolees rehomed in the Nambucca Valley, the support provided for such people and the reason they are sent to an area with such high levels of unemployment, limited housing opportunities and minimal public transport.		GM	Letter sent 6/05/2015
32	SF959	30/04/15		That Council write to our Local Member and respectfully ask her if she could intervene to obtain answers to Council’s questions regarding fishing matters in the Nambucca River … as listed in Council’s letter on 19 February.		GM	Letter sent 6/05/2015
33	~~SF1480~~	~~30/04/15~~		~~That the matter (transfer of encroachment licence from Shibba to Dennien) be deferred to the next Council meeting so the terms of the licence can be included in the report.~~		GM	~~Awaiting Crown Lands forwarding revised licence agreement.~~
34	2008/242	30/04/15		There be a further report to Council on a policy for the deferred payment of contributions as suggested and that it include a worked example of a Deed of Agreement for Mr Kerr’s subdivision for possible adoption by Council.		GM	Awaiting drafting of Deed of Agreement. Draft deed submitted 20 May 2015. Report in June 2015.
MAY 2015
35	SF2049	14/05/15		That Council write to the Min. for Emergency Services, David Elliott (cc Member for Oxley) requesting that the flood event April 30 to May 2 be declared a Natural Disaster.		GM	Letter sent 20 May 2015.
36	SF972	14/05/15		That Council receive a report regarding the possibility of funding a part-time Natural Resources Officer/Volunteer Supervisor and that funding such a position be considered in the next round of the environmental levy.		GM	Report August 2015

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 28 May 2015

General Manager's Report

ITEM 9.5 SF1699 280515 Report on Secondary Dwellings

AUTHOR/ENQUIRIES: Daniel Walsh, Senior Town Planner

Summary:

At the request of Council, this report provides a summary of the history of the development standard for secondary dwellings contained within clause 5.4 (9) of the Nambucca Local Environmental Plan 2010 (NLEP); its purpose and operation within the Nambucca Shire since Council amended the clause on 14 December 2012; the inability to vary the clause; and an outline of what other NSW Councils have included within the same clause of their local environmental plans.

The report also highlights the need for a future amendment to the NLEP to clarify the permissibility of secondary dwellings within the R5 Large Lot Residential zone and to make detached dual occupancies permissible within the RU1 Primary Production and RU2 Rural Landscape zones. It also provides a recommendation to amend Councils developer contribution plans to include a waiver for eligible secondary dwelling developments in an attempt to create positive outcomes for the community without resulting in significant economic impacts on Councils delivery of services.

Recommendation:

1. That Council note the current operation of clause 5.4 (9) of the Nambucca Local Environmental Plan 2010.

2. That Council await a future planning proposal to be presented to consider including secondary dwellings within the land use table for the R5 Large Lot Residential zone and detached dual occupancies within the land use table for the RU1 Primary Production and RU2 Rural Landscape zones under the Nambucca Local Environmental Plan 2010.

3. That staff prepare amended Water Supply and Sewerage Development Servicing Plans and Section 94 Contribution Plans for Councils consideration which includes specific criteria for secondary dwelling developments to be eligible for a developer contributions waiver.

DISCUSSION:

At its meeting on 16 April 2015 Council made the following resolution:

That Council receive a report on a review of the LEP in regard to secondary dwellings, granny flats and primary dwellings.

History of the Secondary Dwelling Standard

A secondary dwelling is defined as follows:

secondary dwelling means a self-contained dwelling that:

(a) is established in conjunction with another dwelling (the principal dwelling), and

(b) is on the same lot of land as the principal dwelling, and

(c) is located within, or is attached to, or is separate from, the principal dwelling.

Clause 5.4 (9) of the Nambucca Local Environmental Plan 2010 (NLEP) states that:

If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

(a) 60 square metres,

(b) 50% of the total floor area of the principal dwelling.

The above clause was included within the NLEP on 14 December 2012 after Council sought approval for an amendment from the NSW Department of Planning and Infrastructure to the original clause. The amendment was sought because the original clause allowed secondary dwellings to be 100% of the total floor area of the principal dwelling.

Council’s reason for requesting the amendment to reduce a secondary dwellings floor area to 50% of the principle dwelling was because it was considered that allowing the secondary dwelling to have a floor area which matched that of the principal dwelling would not achieve the objectives of the secondary dwelling provisions, which are to provide alternative forms of affordable housing, and it would allow quasi detached dual occupancy development in zones where they are prohibited.

Furthermore, the above mentioned amendment to the NLEP on 14 December 2012 also made secondary dwellings permissible within the RU1 Primary Production and RU2 Rural Landscape Zones.

Summary of Development Applications for Secondary Dwellings Lodged with Council

Since Council made the above mentioned amendment to the NLEP, 13 development applications for secondary dwellings have been received and subsequently approved by Council, with most being located within the Rural Zones and the R5 Large Lot Residential zone.

Overall, the secondary dwelling standard has been well received by the community as it provides land owners within the RU1 Primary Production and RU2 Rural Landscape Zones the opportunity to erect an additional detached dwelling on their land, as detached dual occupancies (two dwellings of any size) are prohibited in those zones. It is to be noted that many people do express their contempt with the floor space control when they are looking to construct a detached dwelling on a large rural allotment.

Of the 13 development applications approved by Council, only 2 received objections from members of the community. The common theme of these objections were amenity impacts such as visual, privacy, and noise; as well as traffic impacts, effluent disposal and compliance with development controls such as floor area.

It is to be noted that potential impacts of proposed secondary dwellings such as those mentioned above are the same impacts which require assessment for the construction of a single dwelling house on an allotment of land. Generally speaking, ensuring all dwellings have appropriate setbacks, building separation, orientation, and landscape/topography screening which are consistent with that of surrounding development and the Nambucca Development Control Plan 2010; it is considered that any potential adverse impacts on adjoining properties or the character of the area will be avoided. In all of the 13 development applications received for secondary dwellings, it is considered that this was achieved.

Secondary dwellings can provide positive outcomes such as affordable alternative accommodation for ageing rural property owners who wish to retain a rural lifestyle, low cost accommodation to supplement the income of land owners who rent out the second dwelling, seasonal accommodation for farm workers, reducing unnecessary subdivision of rural land, and minimising the number of illegal dwellings which result in Council needing to take regulatory action.

Regional Development Australia (RDA) have recognised the import role secondary dwellings play in providing affordable housing within our area through the development of their affordable housing promotion; which is a six month agreement with participating financial institutions to reduce the rates and fees associated with building a secondary dwelling on the Mid North Coast between Taree and Coffs Harbour.

It is considered that Councils current planning controls are sufficient to ensure the development of secondary dwellings will not result in any significant impacts on the natural, social or economic environments of the locality in which they are located. As such, it is considered that Council should continue to encourage the development of secondary dwellings within the shire.

In order to improve on this, it is recommended that Council seek to amend the NLEP by making secondary dwellings permissible within the R5 Large Lot Residential zone. Currently the erection of secondary dwellings within the R5 zone is reliant on being permissible under the State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP). This results in confusion amongst those people enquiring whether or not it is permissible to erect a secondary dwelling on land within the R5 zone as most are unaware that the SEPP exists. Staff will be reporting to Council in the near future seeking approval to proceed with a number of ‘housekeeping’ amendments to the NLEP. Discussion regarding the above amendment to the permissibility of secondary dwellings within the R5 zone will be included within that report for Councils consideration.

Can the Secondary Dwelling Standard be Varied

As outlined in clause 1.9 of the NLEP, the State Environmental Planning Policy No 1—Development Standards does not apply to land within the Nambucca Shire. The only way development standards within the NLEP can be varied is by applying clause 4.6 of the NLEP. In accordance with clause 4.6 (8) of the NLEP, a development standard within clause 5.4 (which includes the maximum floor area requirements for secondary dwellings) cannot be varied.

What other Councils are Doing

A large percentage of other Councils within NSW have a maximum floor area of less than 50% of the total floor area of the principal dwelling for secondary dwellings included within clause 5.4 (9) of their local environmental plans. With regards to surrounding mid-north coast Councils the following percentage has been adopted:

· Clarence Valley – 18%

· Coffs Harbour – 11%

· Bellingen – 25%

· Kempsey – 30%

· Port Macquarie – 33%

It is to be noted that the adopted percentages are not mandatory and are subject to the discretion of each Council. Given that our secondary dwelling standard has been successfully implemented and on a whole, welcomed by the community, it is not considered that Council should consider reducing its maximum permissible floor area of secondary dwellings from 50% of the principal dwelling.

Instead, it is recommended that Council consider amending the NLEP by making detached dual occupancies permissible within the RU1 Primary Production and RU2 Rural Landscape zones. It is considered that such an amendment would result in the same positive outcomes as secondary dwellings, while allowing landowners greater freedom in the development of their land. It is to be noted that potential impacts on the natural, social, and economic environments associated with the construction of a detached dual occupancy is no different to that of a secondary dwelling; all of which would be considered by Council prior to determining the development application. Discussion regarding this recommended amendment will be included within the above mentioned NLEP amendment report for Councils consideration in the near future.

It is also noted that other Councils such as Lismore, Ballina, Tweed, and Byron have amended their developer contribution plans to waive the requirement for the payment of developer contributions for secondary dwellings which meet specified eligibility criteria. For the above Councils, their eligibility criterion for a developer contributions waiver includes:

· The secondary dwelling must have a floor area less than 60m².

· The secondary dwelling must not increase the total number of bedrooms on the site to greater than five (5), the number of water closets to greater than three (3) and the laundries to greater than (2).

· The secondary dwelling is not existing and unapproved.

· The site is serviced by a Council operated sewer.

· The floor space ratio of the principle and secondary dwellings does not exceed 0.5:1.

The above eligibility criteria was set to ensure that those secondary dwellings which received a waiver for development contributions did not have increased water demand or sewer flows from the sites on which they are located.

In order to promote the development of secondary dwellings within the shire, it is recommended that Council support an amendment to Councils Development Servicing Plans for Water Supply and Sewage, as well as Councils relevant Section 94 Contribution Plans, to include a waiver for the construction of secondary dwellings which meet eligibility criteria such as that outlined above.

It is considered that such an amendment would ensure that Council will not be financially disadvantaged because the demand for Council services would not be increased any more than a standard equivalent tenement, which is already attributed to the relevant lot as a result of the primary dwelling.

Furthermore, in addition to the positive outcomes mentioned above with regards to secondary dwellings, such an amendment would also increase the potential for development/employment within the shire as a result of reduced construction costs.

CONSULTATION:

Strategic Town Planner

Senior Health and Building Surveyor

Area Health and Building Surveyor

Manager of Sewer and Water

SUSTAINABILITY ASSESSMENT:

Environment

N/A

Social

N/A

Economic

N/A

Risk

N/A

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Nil.

Source of fund and any variance to working funds

N/A

Service level changes and resourcing/staff implications

N/A

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 28 May 2015

General Manager's Report

ITEM 9.6 DA2015/032 280515 DA2015/032 - Proposed 25 Lot Subdivision of Existing Dwellings - Gumbayngirr Road, Bowraville.

AUTHOR/ENQUIRIES: Daniel Walsh, Senior Town Planner; Michael Coulter, General Manager

Summary:

The proposed development comprises a 25 lot subdivision of Lot 208 DP 755537- Gumbayngirr Road, South Arm. The site is a former Aboriginal reserve owned by the Bowraville Local Aboriginal Land Council and currently contains 26 dwellings, a child care centre, and a constructed access road named Dotti Close. The plans of the proposed development are attached. A schedule of proposed conditions is attached.

The application has been notified and assessed in accordance with the Environmental Planning and Assessment Act 1979 and is recommended for approval subject to appropriate conditions.

It is the applicant’s intent is to provide options for its members with regards to long term leasing and home ownership of the proposed allotments. As stated by the applicant, the Bowraville Local Aboriginal Land Councils members consist of people/families with very low, low, and moderate incomes. There is concern in relation to the possible transfer of properties once the subdivision is registered. Such transfers could be to people who are unable to pay their rates to Council, resulting in Council having to commence legal proceedings for the payment of the rates and ultimately the sale of land for unpaid rates.

This concern was raised by the General Manager in the initial meeting which discussed the proposal for the subdivision of the “Missions” in February 2013. A copy of the meeting notes from that initial discussion is attached.

The General Manager was advised that the proposal for the subdivision of the former Aboriginal Reserves and Missions was an initiative of the Commonwealth Government when the Hon. Kevin Rudd was Prime Minister. It is understood that the Commonwealth Government have funded the various consultancies which have been required to develop the subdivision plans for their lodgement with Councils.

The rationale for the initiative was explained in social justice terms in that the existing tenants should have the same opportunities as other Australians to live in conventional subdivisions with street numbers and postal services. The potential risk for Council is that the practical outcome of the well intentioned initiative may be the transfer of responsibility for collecting rates from the relevant Local Aboriginal Land Council and the NSW Aboriginal Land Council to Nambucca Shire Council. Such an outcome would amount to cost shifting.

Whilst it is not considered that the potential for the above mentioned transactions are a reason for refusal of the development application under the Environmental Planning and Assessment Act 1979, it is recommended that the Bowraville Local Aboriginal Land Council be advised of the potential impacts of transferring land.

Given the potential social and financial issues, it was deemed inappropriate to determine the application under delegated authority. Hence the application has been referred to Council for determination.

NOTE: This matter requires a “Planning Decision” referred to in Section 375A of the Local Government Act 1993 requiring the General Manager to record the names of each Councillor supporting and opposing the decision.

Recommendation:

1 That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/032 for a 25 lot subdivision of Lot 208 DP 755537 - Gumbayngirr Road, South Arm, subject to the schedule of conditions outlined in an attachment to this report.

2 That the Bowraville Local Aboriginal Land Council be advised that prior to the transfer of ownership of any lots that consideration be given to:

a. the merits of the Bowraville LALC continuing to own housing which it can continue to make available to Aboriginal people.

b. the on-going ability for any new owners to pay rates to Nambucca Shire Council, as failure to pay may ultimately result in Council selling the land for unpaid rates. If this were to occur the stock of housing available to Aboriginal people may diminish.

OPTIONS:

(a) Grant consent to the development application, either unconditionally or subject to conditions, or

(b) Refuse consent to the development application.

DISCUSSION:

The subject site is located at Gumbayngirr Road, South Arm and is legally known as Lot 208 DP 755537. The site is located within the RU5 Village zone and is a former Aboriginal reserve owned by the Bowraville Local Aboriginal Land Council. It currently contains 26 dwellings, a former child care centre, a formed access road named Dotti Close, and large areas of cleared and forested land.

Locality Plan

The proposed development includes a 25 lot subdivision of the subject site. It is proposed to locate the dividing boundaries in the location of existing fences so that lot 1 contains multi dwelling housing (4 dwellings in 2 buildings), lots 2-23 each contain a dwelling house, lot 24 contains the former child care building and lot 25 is a vacant residue allotment. A copy of the plans of the proposed development can be found in the attachment.

The applicant’s intent is to provide options for its members with regards to long term leasing and home ownership, as well as to transfer ownership of infrastructure to Council (Dotti Close, water, sewer, stormwater lines).

Subject to the recommended conditions of consent, the proposed development is considered to be satisfactory with regards to the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:

Section 5A - Significant effect on threatened species, populations or ecological communities, or their habitats

Due to the proposed development being for the subdivision of existing dwellings with modified sites and surroundings, it is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats.

Section 79C (1) - Evaluation

In determining a development application, Council is required to take into consideration the following matters:

(a) the provisions of

(i) any environmental planning instruments

· The Nambucca Local Environmental Plan 2010 (NLEP 2010)

The proposed development is considered to be consistent with the relevant clauses of the NLEP 2010 as follows:

2.3 - Zone objectives and land use table

The proposed development is permissible with consent and is considered to be consistent with the relevant objectives of the zone because it will maintain the existing character of the village.

4.1 – Minimum subdivision lot size

The proposed subdivision is consistent with this clause because all proposed allotments exceed the 450m² minimum lot size.

4.4 - Floor space ratio

The proposed subdivision is considered to be consistent with this clause because the existing buildings on the land will not exceed the 0.55 maximum FSR on the proposed allotments.

5.10 – Heritage Conservation

The applicant (Bowraville LALC) has stated that there may be Aboriginal objects in the southern portion of the site. While this may be the case, such objects are not an Aboriginal place of significance as defined by the LEP because they have not been identified in an Aboriginal heritage study adopted by Council after public exhibition. As stated by the applicant, the proposed subdivision will not result in any disturbance to potential Aboriginal objects on the southern portion of the site. Having regard to this, development consent is not required under this clause and an Aboriginal heritage study was not requested from the applicant.

7.4 - Public utility infrastructure

Reticulated water, sewer, and electricity are already available to the proposed allotments. Councils Development Engineer has assessed the proposal and considers it to be satisfactory subject to the inclusion of the recommended conditions of consent.

7.6 - Earthworks

The required earthworks will not impact significantly on surface water flows, will not result in any significant impacts on the future uses on the land or redevelopment, will not impact any contaminated soil or the amenity of surrounding properties, is unlikely to disturb any relics, and appropriate erosion control measures have been included within the recommended conditions of consent.

· State Environmental Planning Policy No 55—Remediation of Land

The land is not considered to be contaminated because there are no known previous uses or activities on the site that would have resulted in any contamination of the land and the proposal does not include a change of use of the land (existing residential).

While there could be potential for contamination in sections of the southern part of lot 25 as a result of the former landfill on an adjoining property, it is considered that the site is suitable for the proposed development in its current state because the proposal will not result in any disturbance or change in land use patterns within potentially affected areas. For this reason it is not considered that testing is required as part of the proposal as it should be done as part of any future development on that land.

· State Environmental Planning Policy No 44 - Koala Habitat Protection

Due to the cleared and developed nature of the site it is not considered to contain potential koala habitat.

(ii) any draft environmental planning instrument

There are no draft environmental planning instruments applicable to the proposed development.

(iii) any development control plan (DCP)

· Nambucca Development Control Plan 2010 (DCP)

The proposed development is considered to be consistent with the relevant clauses of the DCP as follows:

Notification and Public Participation (Part A)

The application was notified and advertised in accordance with Part A of the DCP. One submission was received.

Environmental context (Part A)

Subject to the recommended conditions of consent and as assessed throughout this report, the proposed development is considered to be satisfactory having regard to the relevant matters for consideration under clause A5.0.

Subdivision (Part B)

Considering the location of the existing buildings and roads on the site and the zoning of the land, it is considered that the proposed subdivision is the most appropriate having regard to the controls within this Part.

The proposed subdivision includes the dedication of Dotti Close to Council as a public road. Councils Manager of Technical Services has assessed the proposal and is satisfied that subject to the recommended conditions of consent, the infrastructure being transferred into Councils control will be of an acceptable standard.

All lots will be connected to reticulated sewer, water, stormwater, and electricity; with conditions recommended for the creation of easements over the relevant sections of these utilities.

Dotti Close does not have a footpath. To ensure the proposal complies with clause B2.4.1 which is consistently applied on all residential subdivisions, it is recommended that a footpath be constructed along Dotti Close which connects to the existing footpath within Gumbayngirr Road.

The existing dwellings on the site and Dotti Close were approved as part of a cluster housing development. A footpath was not required in Dotti Close as part of that approval because it was located within private land. However; the construction of the existing footpath along the sites frontage to Gumbayngirr Road was required as part of that approval to provide adequate pedestrian access in public areas.

With Dotti Close being dedicated as a public road, it is not considered that variance to this control can be justified having regards to the objectives of the clause or the existing condition of the proposed road verges.

Car Parking (Part C)

The proposed subdivision will not impact the compliance of the existing developments on the site with this Part.

Sediment and Erosion Control (Part D)

All works to be undertaken as part of any consent will be subject to a condition of consent requiring the installation of adequate erosion and sedimentation devices which are consistent with Part D of the DCP.

(iiia) Any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F.

There are no planning agreements applying to the subject site.

(iv) Any Matters prescribed by the Regulation

There are no relevant matters prescribed by the regulations.

(v) Any coastal zone management plan

The Coastal Zone Management Plan for the Nambucca Shire Coastline does not apply to the proposed development.

(b) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

Subject to the recommended conditions of consent, it is not considered that the proposed subdivision will result in any significant impacts on the natural or built environments or any social or economic impacts on the locality because it will not result in any works which will adversely impact the existing character of the area while it will promote improved management of the land.

Comment by General Manager

As stated by the applicant, the Bowraville Local Aboriginal Land Councils members consist of people/families with very low, low, and moderate incomes. There is concern in relation to the possible transfer of properties once the subdivision is registered. Such transfers could be to people who are unable to pay their rates to Council, resulting in Council having to commence legal proceedings for the payment of the rates and ultimately the sale of land for unpaid rates.

Also, once the land is transferred from the ownership of the Bowraville Local Aboriginal Land Council there is no certainty that it will continue to be available for use by Aboriginal people. The Bowraville LALC need to carefully consider what their future role will be and whether or not they should be divesting themselves of housing and particularly if it is not going to be replaced with other housing stock.

(c) the suitability of the site for the development

Having regard to the zoning, the existing development on the land, and the recommended conditions of consent; it is considered that the site is suitable for the proposed development.

(d) any submissions made in accordance with the Act or the regulations

One public submission was received during the notification of the development application with the following matters raised:

Summary of Matters Raised in Submissions

Reporting Officers Comment

Support for the application in principle; however, part of lot 25 encompasses Councils previous garbage depot. The application does not identify this previous use or describe it as a potentially contaminated site. The zoning of lot 25 is RU5 and the sustainability of the site for future development poses a hazard and risks to community members now and into the future if subsequent development or remediation of the site is required.

The former Bowraville land fill site was located on the adjoining allotment to the east (Lot 56 DP755537) which was accessed via the road which dissects the southern portion of lot 25. As discussed earlier in this report, it is considered that the site is suitable for the proposed development in its current state because the proposal will not result in any disturbance or change in land use patterns within potentially contaminated areas.

(e) the public interest

Subject to the recommended conditions of consent, it is not considered that the proposal is contrary to the public interest because it will not result in any significant impacts on the natural, social, or economic environments.

Section 94 - Contribution towards provision or improvement of amenities or services

The applicant believes that levying section 94 contributions on the proposed development would be unreasonable because its purpose is to formalise existing development on the site and does not increase the demand for any public infrastructure or services.

While it is agreed that contributions should not be charged for the proposed allotments containing the existing buildings on site as contributions have already been paid for those buildings, the proposal will result in the creation of an undeveloped allotment (lot 25) which is subject to a contribution in accordance with the plans listed below. Applying contributions in this instance would be no different to applying contributions to any other residential subdivision which creates additional lots. However, if lot 25 were to be consolidated with one of the other proposed lots, contributions would not be payable.

The applicant has stated that they are willing to accept a condition of consent requiring a restriction on title in favour of Council prohibiting the erection of a dwelling on lot 25 without the consent of Council. However, this is not an effective way of ensuring contributions will be paid for future development on the land because such a restriction does not apply to development approved under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and it is a common assumption from those issuing complying development certificates that contributions are paid at subdivision stage as required by Councils contribution plans, which will result in the likelihood of conditions relating to the payment of contributions being overlooked.

As such, a condition has been included within the recommended conditions of consent requiring the applicant to either consolidate lot 25 with one of the other proposed lots or the payment of the following contributions for the additional undeveloped allotment in accordance with the relevant contribution plan:

Development Contribution Plan	Contribution Amount
Community Facilities and Open Spaces	1 lot x $1,956 = $1,956
Surf Lifesaving Equipment	1 lot x $110 = $110
Administration	10% of the above contributions = $206.60

Section 64 – Construction of Works for Developers (Local Government Act 1993)

Section 64 of the Local Government Act 1993 enables council to levy developer charges for water supply, sewerage and stormwater. This derives from a cross-reference in that Act to Section 306 of the Water Management Act 2000.

The applicant put the same case forward for waiving these contributions as for the section 94 contributions. For the reasons outlined above, a condition has been included within the recommended conditions of consent requiring the applicant to either consolidate lot 25 with one of the other proposed lots or the payment of the following contributions for the additional undeveloped allotment in accordance with the relevant contribution plan:

Development Servicing Plan	Contribution Amount
Water Supply	1 lot x $12,358 = $12,358
Sewerage	1 lot x $6,938 = $6,938

CONSULTATION:

As discussed above, the application was notified to adjoining owners and advertised in accordance with Part A of the Nambucca Development Control Plan 2010. Furthermore, general terms of approval have been issued by the NSW Rural Fire Service for the development as required by section 91A of the Environmental Planning and Assessment Act 1979; with no objections received from Councils Manager of Technical Services subject to the inclusion of the recommended conditions of consent.

SUSTAINABILITY ASSESSMENT:

Environment

It is not considered that the proposal will result in any significant impacts on the natural environment because it will only result in the subdivision of land around existing buildings, with the only physical works resulting from the development being upgrade works to existing infrastructure prior to being dedicated to Council. Appropriate pollution mitigation measures have been included within the recommended conditions of consent.

Social

As stated earlier, the development site is a former Aboriginal reserve owned by the Bowraville Local Aboriginal Land Council. It currently contains 26 dwellings which are used to provide affordable housing to people living in very low, low, and moderate income households. The applicant’s intent is to provide options for its members with regards to long term leasing and home ownership, as well as to transfer ownership of infrastructure to Council (Dotti Close, water, sewer, stormwater lines).

The social issues are discussed elsewhere in the report.

Economic

Aside from what is mentioned above, it is not considered that the proposal will result in any significant economic impacts.

Risk

The risks are discussed elsewhere in the report.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Subject to the works required by the recommended conditions of consent being completed, general maintenance would be required as per any other residential development in which assets are dedicated to Council.

Source of fund and any variance to working funds

N/A

Service level changes and resourcing/staff implications

N/A

Attachments:

1	13086/2015 - Attachment 1 - Plan of Proposed Development
2	13084/2015 - Attachment 2 – Schedule of Conditions
3	13155/2015 - Bowraville & Bellwood Missions - Meeting Notes

Ordinary Council Meeting - 28 May 2015

DA2015/032 - Proposed 25 Lot Subdivision of Existing Dwellings - Gumbayngirr Road, Bowraville.

Attachment 2 – Schedule of Conditions

GENERAL CONDITIONS OF THIS CONSENT

Development is to be in accordance with approved plans

1. The development is to be implemented in accordance with the plans endorsed with the Council stamp, dated TBC, and set out in the following table except where modified by any conditions of this consent.

Plan Title	Dwg. Ref No	Prepared by	Dated
Sheet 01 of 02 - Plan of Proposed Subdivision	163-12G L01 [03]-01	Craig & Rhodes	11/2/14
Sheet 02 of 02 - Plan of Proposed Subdivision	163-12G L01 [03]-02	Craig & Rhodes	11/2/14

In the event of any inconsistency between conditions of this development consent and the plans referred to above, the conditions of this development consent prevail.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE (SUBDIVISION)

Engineering Construction Plans

2. Three (3) copies of engineering construction plans and specifications must accompany the Construction Certificate application. Such plans are to provide for the works in the following table in accordance with Council’s current Design and Construction Manuals and Specifications.

Required work	Specification of work
Footpath formation		Footpath formation of Dotti Close shall be trimmed and turfed where required and presented to an acceptable standard for an asset to be handed to Council
Footpath Construction		A 1.2 metre wide concrete footpath on the property side of Dotti Close to Gumbayngirr Road
Street Name Signs		Street name signs, No Through Road signs and posts to all roads.
Full Width Road Seal		Full width asphalt reseal of Dotti Close together with the removal of all protruding weeds and garbage.
Street Lighting		Street lighting being provided to the requirements of the appropriate energy authority.
Access Handle		A five (5) metre wide reinforced concrete driveway (or equivalent), together with all necessary services/service conduits (water, sewer, telephone, power, stormwater) within the access handle of Bridget Lane.
Piping of flow path		The piped drainage system traversing proposed lot 23 shall be realigned to the common boundary of proposed lot 22 away from the building footprint and discharged to the dam. The pipe and entry pit shall be sized to suit a 1 in 20 year storm event. An overland flow path is to be provided above the constructed pipeline to accommodate the pipe exceedance for all storm events, up to and including the 1 in 100 year storm event. Stormwater pits and pipes shall be checked for debris, any material having an impact on stormwater flow within the system shall be removed
Fire Hydrants		Install blue reflectors and painted identification of Fire Hydrants

Sewerage and Water Mains

3. An approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out water supply and sewerage works involving connections to Council’s existing water and sewer infrastructure. Sewerage and water mains are to be extended to service all residential allotments in the subdivision, proposed lots 15 and 16

Engineering plans of the proposed water and sewer works shall be submitted for Council’s approval prior to the issue of the Construction Certificate.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO SUBDIVISION WORKS COMMENCING

Construction Certificate

4. Subdivision work the subject of this development consent MUST NOT be commenced until:

(a) A construction certificate for the subdivision work has been issued by council or an accredited certifier, and

(b) The person having the benefit of the development consent has appointed a principal certifying authority for the subdivision work, and

(c) The person having the benefit of the development consent has given Council written notice, at least two days prior to work commencing on site, of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence.

Erosion & sediment measures

5. Erosion and sedimentation controls are to be in place in accordance with Managing Urban Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

Erection of Signs

6. A sign must be erected on site in a prominent position containing the information prescribed by Clause 98A (2) of the Environmental Planning & Assessment Regulation 2000 being the name, address and telephone number of the Principal Certifying Authority for the work, and name of the principal contractor for the work and telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the site is prohibited. This sign must be maintained on site while work is being carried out and removed when the work has been completed.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH DURING SUBDIVISION WORKS

Construction times

7. Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on residential premises, can only occur:

a Monday to Friday, 7.00 am to 6.00 pm.

b Saturday, 8.00 am to 1.00 pm.

c No construction work to take place on Sundays or Public Holidays.

Discovery of a Relic

8. The development is to proceed with caution. If any Aboriginal objects are found, works are to stop and the NSW Office of Environment and Heritage (OEH) notified. If human remains are found work is to stop, the site is to be secured and the NSW Police and OEH are to be notified.

Maintenance of sediment and erosion control measures

9. Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO THE RELEASE OF THE SUBDIVISION CERTIFICATE

Plan of Subdivision

10. An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application. Three (3) copies of the plan of subdivision are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

Plan of Subdivision and Section 88B Instrument requirements

11. A Section 88B Instrument and 1 copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for the items listed in the following table:

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument	Details of Item
Dedicated Public Road Access	Dedication of suitable public road accesses to all proposed allotments. Note: Boundary fences shall progressively be installed on the correct boundary alignment at replacement
Dedicated Corner Splays	Dedication of corner splays at all street junctions and intersections.
Drainage Easements	The creation of easements for drainage of water over all drainage pipelines and structures located within the proposed allotments in accordance with Council’s policy.
Sewer Easements	The creation of 3m wide easements for drainage of sewage over all sewage pipelines and structures located within the proposed allotments in accordance with Council’s policy.
Water Easement	The creation of 2m wide easements for water supply over all water pipelines and structures located within the proposed allotments in accordance with Council’s policy.
Rights of Carriageway	The creation of suitable rights of carriageway over the access handle of proposed Lot 25
Easement for Services for access handle	The creation of suitable easements for services over the access handle(s) of proposed Lot 25.
Easement for Electricity	The creation of any necessary easements for electricity purposes as required by the electricity supply authority.

Survey of the location of the existing road carriageway

12. The location of the road carriageway in relation to the road reserve within and adjacent to the property location is to be determined by a registered surveyor. A survey plan showing the location is to be submitted to Council.

Where the road carriageway is not within the road reserve, a detailed plan (1:1000 scale) is to be submitted to Council showing the existing road formation and the existing fences and improvements in relation to the boundaries of the road reserve. On receipt of this plan the Authorised Council Officer will advise of the road widening or realignment requirements which must be included on a plan of subdivision. Any road widening required is to be dedicated at no cost to Council.

Completion of All Works

13. All roads, drainage and civil works, required by this development consent and associated Construction Certificate, are to be completed.

Erection of Street Signs

14. The applicant is to supply and erect street signs for the approved street names in accordance with this development consent and the Construction Certificate approval.

Certificates for Engineering Works

15. The submission of all test certificates, owners manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s Adopted Engineering Standard.

Works-As-Executed Plans

16. Works-as-executed plans, certified by a suitably qualified engineer or a registered surveyor, are to be submitted with the application for a subdivision certificate. Where the design is carried out utilising computer aided design CAD, all cad computer files are required to be provided on CD (Compact Disc) with the final drawings. The CAD files must include all lot and road boundaries, lot numbers and easements. The data is to be supplied in accordance with the requirements of Council’s GIS Officer.

Registered Surveyor Certificate

17. A certificate from a registered surveyor is to be submitted to Council certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements.

Maintenance Bond

18. A maintenance bond of 10% of the value of the works constructed is to be lodged with Council. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 12 months and will commence from the date of issue of the final Compliance Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

Record of Infrastructure

19. A record of infrastructure coming into Council ownership, upon registration of the final plan of subdivision, is to be submitted to Council.

Bushfire Protection

20. In accordance with Section 91 of the Environmental Planning and Assessment Act 1979 the following conditions are required to be consistent with the General Terms of Approval issued by the Rural Fire Service under section 100B of the Rural Fires Act 1997:

i. At the issue of the subdivision certificate and for the life of the development, the area within Lot 25 identified in figure 3.1.1 of the Bushfire Assessment Report, prepared by Advanced Bushfire Solutions P/L, dated February 2015 shall be maintained as an asset protection zone as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service‘s document ‘Standards for Asset Protection Zones’.

ii. An asset protection zone management plan shall be developed for lot 25. The plan shall identify:

· Land to be managed as an asset protection zone (figure 3.1.1 of the Bushfire Assessment Report)

· Actions and procedures to be implemented for managing the land as an asset protection zone.

· Legal entity responsible for managing the asset protection zone.

iii. At the issue of the subdivision certificate and for the life of the development, lots 1-24 shall be managed as an inner protection area as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones’.

Electricity Supply Certificate

21. Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of electricity supply throughout the subdivision.

Contributions and Certificate of Compliance

22. Either consolidate lot 25 with one of the other proposed lots on the final plan of subdivision, or prior to the issue of a Subdivision Certificate, the developer/consent holder will have to be eligible to obtain a Section 307 Certificate of Compliance under the Water Management Act 2000. To be eligible, the developer/consent holder will have to contribute:

Public service	No of Equivalent Tenements	Contribution Rate (Amount per ET)	Contribution Levied	Date until which Contribution rate is applicable
Water	1	$12,358	$12,358.00	30 June 2015
Sewer	1	$6,938	$6,938.00	30 June 2015
TOTAL			$19,296.00	30 June 2015

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

Contribution to be paid towards provision or improvement of amenities or services

23. Either consolidate lot 25 with one of the other proposed lots on the final plan of subdivision or pay the contributions set out in the following schedule to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

Public amenity or service	Unit type	No of Units	Contribution Rate (Amount per Unit)	Contribution Levied	Date until which Contribution rate is applicable
Community Facilities and Open Space	Lot	1	$1,956	$1,956	30 June 2015
Surf Life Saving Equipment	Lot	1	$110	$110	30 June 2015
Section 94 Administration Charge	10% of the above contributions			$206.60	30 June 2015
TOTAL				$2,272.60	30 June 2015

REASONS FOR CONDITIONS

· To ensure that the proposed development:

(a) achieves the objectives of the Environmental Planning and Assessment Act 1979;

(b) complies with the provisions of all relevant Environmental Planning Instruments;

· To meet the increased demand for public amenities and services attributable to the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979 and Section 64 of the Local Government Act 1993.

· To ensure the protection of the amenity and character of land adjoining and in the locality of the proposed development.

· To minimise any potential adverse environmental, social or economic impacts of the proposed development.

· To ensure that all traffic, car parking and access requirements arising from the development are addressed.

· To ensure the development does not conflict with the public interest.

NOTES

· The land owners, Bowraville Local Aboriginal Land Council, be advised that prior to the transfer of ownership of any lots that consideration be given to:

a. The merits of the Bowraville LALC continuing to own housing which it can continue to make available to Aboriginal people.

b. The ongoing ability for any new owners to pay rates to Nambucca Shire Council, as failure to pay may ultimately result in Council selling the land for unpaid rates. If this were to occur the stock of housing available to Aboriginal people may diminish.

· It is recommended that an Emergency Evacuation Plan be prepared for the proposed residential estate. The plan should be consistent with the NSW Rural Fire Service Document ‘Guidelines for the Preparation of Emergency Evacuation Plans’ and Australian Standard AS 3745 2010 ‘Planning for Emergencies in Facilities’.

Ordinary Council Meeting 28 May 2015

General Manager's Report

ITEM 9.7 SF2071 280515 World Rally 2015 - Status Report

AUTHOR/ENQUIRIES: Coral Hutchinson, Manager Community Development

Summary:

World Rally 2015 will be held from 10 to 13 September 2015. This report will provide Council with an update on plans for the event.

There are significant changes to the 2015 event as compared to previous years, including changes to rally routes, re-fuelling and service locations, and the social calendar. Changes to rally routes are a direct result of feedback from the international drivers who rate the Nambucca’s roads amongst the best in the world.

Recommendation:

1. That the information regarding World Rally 2015 be noted.

2. That Council allocate $10,000 from Working Funds towards the cost of building/developing an access road to Taylors Arm Reserve.

OPTIONS:

No options are presented as the report is for information, however Council always has the option of making alternative resolutions.

DISCUSSION:

WHEN

The Australian round of the Federation Internationale de l’Automobile (FIA), World Rally Championship will be held from Thursday 10 to Sunday 13 September 2015.

There will be a number of other events associated with the rallying, including an official launch, business breakfast involving drivers, Coffs City Square launch and podium finish.

WHAT’S PLANNED

Some general notes:

· Most of the Rally will be held in the Nambucca Shire.

· There will be 2 live-to-air international television broadcasts, both from the Nambucca.

· There will be 3 new Rally stages in the Taylors Arm area.

· A night stage in Valla is planned (WRC only).

· A new refuel site is proposed for Princess Street Macksville.

· Bowraville – activities will include a regroup.

· There will be a new stage at Bucca.

· There are no activities in the Clarence Local Government Area.

· Two of the three stages previously held in Bellingen Shire have been discontinued; Newry stays.

· Consultation with individual property owners is nearing completion.

· Consultation and negotiation with Council continues.

· There will be no Super Special Stage (at Coffs Harbour Stadium in previous years).

Friday 11 September 2015 (Taylors Arm then Newry)

The program includes 3 new rally legs at Taylors Arm; plus 1 leg of the Newry Stage, essentially as per previous years, in Bellingen Shire. The Taylors Arm legs are broadly: Taylors Arm Road commencing near Utungun Hall; Bakers Creek Road/Carson’s Road to Argues Road; and North Bank Road.

Rally Australia proposes a number of activities around the Taylors Arm area, including a Corporate HQ at the Pub With No Beer, 4 ticketed spectator viewing alongside the race, and community activities at Taylors Arm Reserve with provision for community fund raising activities. The North Bank leg will involve a world-wide live-to air-television broadcast around midday. This will be a great opportunity to promote one of Australia’s iconic pubs with its music and pioneer history, and there are already indications that the world media are extremely interested.

Around 95 properties are affected by the Rally and community engagement commenced in January 2015 when Rally Australia’s staff commenced directly contacting individual property owners. Written information has been provided to land owners and residents, and physical door knocking is integral to community consultation. In this way, individual concerns have been documented and action to be taken Rally Australia has been or is being negotiated. Shire residents who have been affected by the Rally in previous years will be familiar with this exercise.

Saturday 12 September 2015 (Newry then Valla and Nambucca)

The event mostly follows the arrangement for previous years, however it is proposed to conduct 1 leg of the Valla stage, for World Rally competitors only, as a night event commencing at dark and finishing around 8pm. A re-group is planned for Bowraville prior to this leg.

One other change will be the inclusion of a re-fuel in Princess Street Macksville outside the Council Administration Centre. The field of around 90 cars will be stopping at this site between approximately 9 am and 12 noon. The site provides excellent opportunities for people who cannot get out to one of the rally stages to see the cars and drivers up close. This may be of particular interest to people with a disability. Traffic management plans will minimise the impact on the surrounding neighbourhood and traffic flows around Macksville.

The Valla leg will involve a world-wide live-to air-television broadcast (with an audience estimated at 46 million people) at around midday.

Sunday 13 September 2015 (Coffs Harbour Shire)

Rallying will have left the Nambucca Shire and all activities will occur in Coffs Harbour LGA.

CONSULTATION:

1. Rally Australia has provided input to this report.

2. Rally Australia has completed a mail-out and spoken directly with all potentially affected residents, including people on roads directly affected and those on roads that may intersect a possible competitive stage.

3. Kempsey Council has been given advice to assist with any flow-on affect. Although the Rally doesn’t enter Kempsey LGA one of the stages is close to the border and may affect traffic flows on the Friday.

4. Due to road closures on Friday, school bus services will be affected. Busways and families with school children have also been consulted.

5. A direct link to the Rally Australia website has been placed on Council’s website so that people can view the latest news and updates.

6. Taylors Arm Reserve Committee of Management has met with Rally Australia and Council’s Mayor.

7. There are 3 All-agencies meetings prior to the event. There are some 24 different agencies with an interest in the Rally who attend these meetings.

8. Rally Australia has had several meetings and teleconferences with Council staff. Matters for discussion are varied from specific engineering matters, sharing of data, marketing/promotion. Further meetings are planned.

9. A de-brief for all agencies follows the Rally where any issues can be raised for follow-up or in preparation for the following year.

SUSTAINABILITY ASSESSMENT:

Environment

There is a level of concern regarding the impact of rallying on fauna, particularly with the inclusion of a night stage in 2015. Comments from Rally Australia regarding management of fauna follow:

Rally Australia is taking a responsible approach in mitigating the issue of incidents involving fauna during this year’s Rally Night Stage, however, there can be no absolute guarantee that an animal won’t be struck by a car, just the same as with everyday traffic. However, we are putting in place steps to manage the risk.

We have engaged the Coffs Harbour based company of Eco Logical Australia Pty Ltd to conduct surveys of all of the Rally routes across the entire Coffs Coast area. In particular they are conducting surveys of the Valla night stage to identify fauna corridors along that route and then plan, implement and manage appropriate strategies to best protect any fauna that may be identified. Part of the survey is discussion with local residents to help identify crossing areas.

The most effective strategy for managing the impact of the rally – day or night – is the gradual ramp up of activity along the route in the hours immediately prior to the competition cars. It begins with the set up crews, traversing the route at low speed with, spectator Marshals and officials being placed at strategic locations along the route including road junctions etc.

Closer to the first competition cars vehicle movement on the stage intensifies with final checks being undertaken by event officials, Police, FIA, then the safety cars with sirens. The net effect of the gradual ramp up of activity along the route has been found to be effective at deterring wildlife with very, very low fauna strike rates during any of the previous rallies.

With a night stage obviously the risk is increased as animals are more active. For the night stage it is planned that our ecology team will traverse the route in the nights prior to the competition to flag any areas where wildlife seems particularly abundant at the same time the competition will be run. At these locations we will deploy fauna wardens whose role it will be to deter animals from the route using noise makers (horns, whistles).

We have found through experience that these measures have been effective. The 1-2 minute passage of competition cars is sufficiently close that animals are deterred from crossing the road while the competition is taking place.

We are satisfied that the risk of fauna strike has been mitigated to as low as reasonably practicable.

Note: The Coffs Coast Rally has won the FIA Environmental Award 2 years running.

Social

The social calendar associated with the 2015 Rally is less centralised on Coffs Harbour and more low-key, however there are still a lot of opportunities for people to enjoy the social side of the event eg visiting friends and relatives, local businesses doing specific promotions, viewing from designated spectator points, and participating in community-initiated activities and fundraising.

Economic

Whilst difficult to quantify, there is economic benefit to the community from hosting this type of event, more-so in 2015 with so much of the Rally focussed on the Nambucca. Feedback from Bowraville Chamber of Commerce is that the Thursday/Friday of World Rally is one of the busiest of the year due in part to the number of people hosting visitors.

With so much of the 2015 Rally being hosted in the Nambucca, Council’s Manager Community Development and Manager Business Development will be investigating any areas upon which to leverage improved economic outcomes for the valley.

Risk

There are no specific risk implications as a result of this report. By a way of a general comment, the risk management for events such as World Rally are detailed and rigorous. A particular focus in 2015 will be managing spectators, particularly those not in ticketed areas.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The use of Taylors Arm Reserve is the subject of negotiations regarding access to the site and internal access being suitable for all weather. Council’s Engineers are investigating the creation of a temporary or permanent access and are developing associated costs. The Committee of Management has for some years identified the need for a formal access for vehicles – there is currently no identified entry/exit. (The Committee would like to see a track from the refuel area, around the fire shed and back on to Taylors Arm Road.) Further the Committee has requested that if the road is to be constructed, it would be done in road base so that it would provide an all-weather access to the camping reserve. In further support of an access road, vehicles with caravans intending to stay at the Reserve often end up outside the Pub, and having to make a difficult turn where there is limited turning space. A designated entry would not only meet the needs of the Rally, but improve access to the Reserve. Council’s Manager Infrastructure Services advises that $10,000 will be required to construct the road.

Whilst not an identified impact on future budgets, Council may wish to note that in an international announcement on Thursday 14 May 2015, the Coffs Coast event for 2016 was approved by the FIA World Rally Championship Commission. It will now be submitted for final ratification by the FIA Wold Motor Sport Council, with a view to the 2016 calendar being finalised by September. Therefore, any allocations to on-ground works that Council makes now, may be used for future Rallies.

Source of fund and any variance to working funds

Nothing identified.

Service level changes and resourcing/staff implications

Council staff are not directly involved in the Rally itself, however there is a level of staff time needed to undertake discussions and negotiations in the planning stages, and also to foster publicity for the area. This is occurring within current staffing allocations.

There are no anticipated changes to grading and roadside mowing service levels as a result of the Rally.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting 28 May 2015

General Manager's Report

ITEM 9.9 SF1852 280515 Amended Planning Proposal LEP Amendment no. 14 Schedule 1 Seniors Living Development 24 Coronation Drive Congarinni North

AUTHOR/ENQUIRIES: Grant Nelson, Strategic Planner

Summary:

The purpose of this report is to provide Council with an update to LEP amendment no 14 for a Seniors Living Development at 24 Coronation Drive Congarinni North. Several additional studies have been completed to support the amendment and as an outcome, the planning proposal has been modified to include an additional area of E3 Environmental Management.

The amendment is required to be referred back to the Department of Planning for an amended gateway determination. The department will be provided with copies of amended studies and plans and also be provided with copies of agencies submissions.

Recommendation:

1 That, pursuant to Clause 56 of the Environmental Planning and Assessment Act 1979, the Planning Proposal proposing a Schedule 1 Amendment to the Nambucca LEP 2010 to a allow a seniors living development on Lot 155 and Lot 188 DP755537 be forwarded to the Minster for an amended Gateway Determination. Highlighting the proposed changes to the planning proposal.

2 That, should the Department Of Planning and Environment allow the planning proposal to proceed the matter be reported to Council prior to exhibition. The additional report provide Council with more detailed information on the flood behaviour of Joffre Street which is presently being examined as part of Council Flood Risk Management Study.

OPTIONS:

1 Council may resolve not to proceed with the amendment;

DISCUSSION:

NOTE: Attached to this report is the main planning proposal, concept plan and the flood emergency warning plan response evacuation and related documents. The other attachments area available on request to the General Manager should Councillors wish to review them.

On the 24 April 2013 Council resolved the following in regards to a schedule 1 amendment to allow a seniors living development to proceed under schedule 1 of the Nambucca LEP 2010:

1 That Council staff collaborate with applicant to ensure the planning proposal has addressed all matters necessary pursuant to Clause 55 of the Environmental Planning and Assessment Act 1979 and DOPI’s Guide to preparing planning proposals;

2 That, pursuant to Clause 56 of the Environmental Planning and Assessment Act 1979, the Planning Proposal proposing a Schedule 1 Amendment to the Nambucca LEP 2010 to a allow a seniors living development on Lot 155 and 188 DP755537 be forwarded to the Minster for Gateway Determination.

3 That minister be advised of the matters that Council considers require further detailed investigation should the proposal proceed beyond the initial gateway determination. In the first instance an examination of the appropriateness of a seniors living development being isolated during flood events should be considered as well as the availability of alternative accesses to the property.

Council subsequently forwarded the proposal to the Department of Planning and Environment seeking gateway determination which was received on the 1 July 2013. It is noted that Council received delegated authority to proceed to make the plan.

The following is a general summary of the proposed amendment and the future development.

- Amendment to Schedule 1 of the Nambucca LEP 2010 to permit a Seniors Living Development on the site

- Amendment to land use zones to rezone sensitive areas to E3 Environmental Management

- 280 bed nursing home

- 265 self contained dwellings, servicing owner occupier and rental markets

- On site facilities, indoor pool, gymnasium, lawn bowls, tennis court, communal bistro, community centre and media centre

- Storage for caravans and boats

- Temporary accommodation for visitors

- Helipad for emergency use.

The most recent concept plan of the future development is provided below:

Pursuant with the gateway determination Council forwarded the application to a number of agencies for comment. Comments have been received and the proposal amended as to reflect feedback. The following table shows the results of the consultation and any changes made to the planning proposal, as a result of the consultation:

Agency	Comments	Proponent Response
Office of Environment and Heritage (OEH)	OEH supportive of the proposal as it is outside all sensitive areas; Recommends rezoning of High conservation area of the site be pursued (E2 or E3). OEH indicates Aboriginal cultural Heritage Assessment should be undertaken. OEH - is satisfied the residential development can be excluded from the PMF area. Future Development can be accommodated on higher ground outside the floodway and a with a floor level at least 0.5 me above the 1 in 100 year flood level with unencumbered access to the PMF area. As an aged care facility consideration needs to be given to the need for emergency care and evacuation in the event of floods.	The proponent has agreed to rezone other ecological areas to either E3 Environmental Management or E2 Environmental Protection. As such it is recommended this area be amendment to E2 Environmental Protection. Artifact was engaged to prepare an Aboriginal Heritage due diligence assessment which has been completed. The report concludes that areas identified as archaeological sensitivity should be subject to further assessment at the Development Application stage should these areas proposed to be disturbed. The entire development is designed to be above the Probable Maximum Flood. The proponent has examined the Emergency Care and Evacuation from the site and it is proposed to retain residents on site. Emergency transport being provided via the provision of a helicopter landing facility located on the site.
NSW Department of Primary Industries	DPI raised concerns that the proposal is inconsistent with Regionally significant Farmland Mapping. Specifically DPI indicates the site has not been identified within a regional strategy or LEP and although the site is well connected to Macksville, the DPI says there is a natural divide provided by Taylors Arm between the site and Macksville. This proposal could be the first of significant development on the western bank of Taylors Arm and the DPI is concerned it could fragment the existing landscape making it difficult for agribusiness to develop and potentially spark land use conflict with neighbouring landholders.	RMCG was engaged to investigate DPI’s concerns. The report addresses agricultural limitations of the land and likely outcomes in terms of land use compatibility. It is noted that in its Gateway determination the Department of Planning and Environment agreed that variations to the 117 Directions 1.5 Rural Land was of minor significance.
NSW Roads and Maritime Services	RMS required a detailed traffic investigation to be undertaken for the proposal to address a number of matters	Traffix were engaged to address the items of concern raised by the RMS and recommended that: - Intersection works at the corner of Joffre street, Wilson Street, and Coronation Road including auxiliary left turn treatment and minor works to ensure compliant basic right turn (subject to detail design). The report concludes the planning proposal is supportable on traffic planning grounds and the future development should operate satisfactorily.
NSW Rural Fire Service	The RFS provided no objection to the planning proposal subject to compliance with the Rural Fires Act 1997. The original plan did not meet the requirements of Planning for Bushfire Protection	A bushfire Protection Assessment was undertaken to ensure compliance with Planning for Bushfire Protection. The original Concept plan has since been amended to ensure compliance with Rural Fire Service Requirements.
State Emergency Service – have provided 2 responses.	21 August 2013. The SES summarise the most important principles to be investigated for this proposal as the site contains flood prone land. These items mainly pertain to an assessment of risk in relation to inundation of access, resident isolation, alternative egress, evacuation, and management of emergency situations. The advice cites insufficient information with regard to access to/egress from the site in flood situations and states that ‘shelter-in-place’ has been shown to have significant associated risks and is not equivalent to evacuation. 13 February 2014 A second letter of advice was received from the SES in response to Meinhardt’s flooding evacuation investigations. This advice summarised the most recent findings with regard to isolation and voiced that any increase in flood risk results in an increased demand on the SES and other emergency services. The SES is opposed to the use of private evacuation plans as a condition of development consent. The Service does not have statutory authority to endorse private evacuation plans nor does it have the resources to review and comment on private evacuation plans. The advice directs considerations to the NSW Floodplain Development Manual (April 2005) (FDM) where, under Appendix N, it explains the limitations of Private Evacuation Plans and also why the NSW SES is against these Plans as a developmental consent condition.	Meinhardt were then engaged to prepare the Flooding Emergency Warning Plan to devise a safe response for the intended aged residents in flood events (Appendix 11). This report was then forwarded back to the SES for further comment. The proposed Evacuation Plan is considered the most thorough and safe resolution to the flooding constraints of the land to enable a development for aged accommodation on the site. It is acknowledged that the NSW SES do not support any development on flood prone land, nor development that will not enable safe evacuation from flood waters, due to the potential increased risk, and as such, increased demands upon the Service. It is also acknowledged that the NSW FDM does not support private evacuation plans being approved as a condition of development consent. A more recent Emergency Warning – Response and Evacuation plan has been prepared by Meinhardt. This is yet to be forwarded to the SES for additional comment.

Flora and Fauna

A flora and fauna report and supplementary commentary was provided by BLA and Associates (Feb 2014)

Although the original proposed concept provided to Council was designed to avoid impact to nearby vegetation and habitat, the bushfire planning undertaken for project found that various bushfire mitigation measures associated with the future development would impact on the flora and fauna. As such the proponent prepared a new concept that ensures no clearing of sensitive vegetation will be required to provide for bushfire mitigation in the future. The proposed development should only result in the removal of six (6) isolated native trees scattered through the property.

The area identified as Zones 1, 2 and 4 on the following map contain potential Koala habitat and Endangered Ecological Communities. The proponent will zone these sensitive areas of the site to E2 Environmental Protection to ensure these areas will not be impacted in the future. This proposal to amend the zone is the reason the planning proposal requires a new gateway determination from the department of planning.

Bushfire Protection Assessment

A Bushfire Protection Assessment has been undertaken by Travers Bushfire and Ecology (2014) to support the planning proposal.

The report concludes that bushfire can potentially affect the site from the forested wetland vegetation located to the north and north-west, forest vegetation to the west and grassland vegetation to the south, resulting in possible ember attack, radiant heat and potentially flame attack. However the bushfire risk posed to the rezoning proposal can be mitigated if appropriate bushfire protection measures (including APZ’s) are put in place and managed in perpetuity. Appropriate recommendations are included in the report. Bushfire management would be required to be reconsidered as a special purpose development and require integrated approval as part of any future Development Application.

It is noted in the report that the consultant indicates reticulated water is available to the site. This is not correct. Although incorrect, the proponent will be required to ensure reticulated water is available to the site for any future development and in this regard the discussion regarding access to reticulated water will provide the same result. The proponent will be requested to amend this part prior to the any future exhibition of material.

Acid Sulphate Soils

An Acid Sulphate Soils Management plan has been by Meinhardt (2014) to accompany the planning proposal. The majority of the development and excavation likely to occur as part of any future development will be at the higher elevations of the site and the Management Plan states the following:

‘no development involving excavations into the potential PASS or ASS areas in the eastern or northern sections of the site will take place. Development with excavations to depth below 4m AHD will only take place to the west of the existing eastern creek (if required), which has not been identified as having potential for PASS or ASS in the Risk Map’

For the purposes of this planning proposal it is anticipated that Acid Sulphate Soils could be appropriately managed or assessed as part of a future development application on the site.

Preliminary Site Investigation – contamination (SEPP 55)

A preliminary site investigation into contamination was undertaken by Meinhardt (2014) and found the following in relation to the historical use of the site:

- The site has been used for agricultural purposes which is a potentially contaminating activity

- The residence, shed and associated infrastructure comprise asbestos containing materials in a degraded state

- A concrete walled pit was located on the north eastern slope approximately 50 m north-west of the dam in the central eastern portion of the site. The top of the pit was open at the ground surface and appeared to have been filled with metal waste including oil and chemical drums

- stock yard area is located in the south eastern portion of the site. A livestock crush was observed in the stockyards area which may have been used to treat and spray livestock. An Aboveground Storage Tank (AST) was located on the southern side of the stockyards. It was not known what was stored in the AST but appeared to be used to store water for livestock and

- An area of disturbed soil was observed a top the most elevated portion of the site in the central southern portion of the site. The area had been excavated in the past indicating the area was possibly used as a landfill or as a soil borrow pit. Several other areas of soil disturbance were identified in the historical aerial photographs.

The report concludes the following:

Prior to any demolition works Meinhardt recommends an asbestos assessment be conducted across the site and particularly in the eastern portion of the site (vicinity of residence and sheds) to identify and quantify asbestos containing material and assess if the material is friable or non-friable. In addition, Meinhardt recommends that an asbestos identification and removal plan be put in place, so it can be implemented upon development approval.

Following the removal of all shed structures at the site Meinhardt recommends the excavation and removal and validation of the underground pit and intrusive soil investigations in other identified areas of potentially contaminating activities. The excavation should be supervised by a qualified environmental scientist in order to “chase out” potential contamination. At the completion of excavation works soil validation samples should be collected and a soil and groundwater investigation and validation report compiled.

With the exception of the underground pit, asbestos building material and potential contamination issues in the vicinity of the stockyards and disturbed areas the desktop investigation and site inspection did not reveal any other obvious sources of contamination in the remainder of the site, it would be unlikely that the remainder of the land is contaminated, given the previous long periods of low intensity rural land use. It is anticipated that the contamination issues can be dealt with as part of any future development application or potentially prior to a DA for the proposed use.

Aboriginal Heritage

An aboriginal heritage due diligence report has been prepared by Artefact Heritage to support the planning proposal. The assessment indicates that as Aboriginal objects are likely to exist in areas of archaeological sensitivity. If areas of archaeological sensitivity are to be impacted by the proposal further investigation in accordance with OEH guidelines is required as part of future planning for the establishment of an Aged Care facility within the study area.

The next stage of archaeological investigation would include the preparation of an Archaeological Report in accordance with the OEH Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales (2010) (the ‘code of practice’). The role of the Archaeological Report is to provide a comprehensive level of archaeological assessment in order to develop appropriate mitigation and management measures for identified Aboriginal heritage values in relation to proposed impacts.

The OEH code of practice outlines specific requirements for report including methods and consultation with the aboriginal community.

If required an Archaeological Report would specify the location and research potential of any identified areas of archaeological potential. Mitigation and management measures would outline the requirements for further archaeological investigation of archaeological potential or Aboriginal objects identified during the field survey component of the Archaeological Report. A possible outcome of the Archaeological Report may include recommendation for archaeological test excavation conducted in accordance with the OEH code of practice in order to further establish the nature and extent of Aboriginal objects beneath the surface. An archaeological test excavation report would then be prepared and outline whether an Aboriginal Heritage Impact Permit (AHIP) would be required before commencement of works. An AHIP would only be required where known Aboriginal objects will be harmed.

The OEH Aboriginal cultural heritage consultation requirements for proponents (2010) would be used to guide any future reporting.

The Archaeological Report could be prepared at the Development Application (DA) stage. Where the Archaeological Report and any subsequent investigations identify a requirement for an AHIP prior to works commencing, an approved DA will be required for OEH to process an AHIP application.

If changes are made to the proposal that may result in impacts to areas not covered by this assessment, further archaeological assessment will be required.

For the purposes of this planning proposal, adequate assessment of the aboriginal heritage has been undertaken and should a future Development Application propose impact to sensitive areas, further reporting would be required as per the recommendations of the due diligence report.

Concept Design Report

The report was prepared as a preliminary investigation into internal roads and access, stormwater, water quality and earthworks.

The report indicates that the development area of the site is undulating and to achieve acceptable development solution for the seniors living development a significant amount of earthworks and series of retaining wall/ steps will be required around the site. Concept sketches attached to this report show maximum earth works to approximately 7.5 -8m. Any future development application would need to demonstrate more accurately the location of cut and fill and any associated impacts, and demonstrate that construction methods to be used minimise cut and fill. Further to this a landscaping report would be required to accompany any future Development Application which would indicate how earthworks are to be retained, landscaped and otherwise managed.

Flooding

Flooding was identified early in this process as the key issue for any future development of the site and a priority issue for the proponents to address over all other matters. On the 30 July 2013 Council sent a letter to the proponent indicating the following:

As previously discussed at a recent meeting with Council staff and as reported to Council the core issue at present is related to flooding and associated isolation and evacuation. It is recommended that this issue be dealt with in the first instance and then subject to consideration of the flooding matters, the other items identified in the gateway determination should be addressed.

Please note that Council does not have any relevant flood expert available in house and any flood reporting provided to Council is likely to be subject to a peer review by an external expert. Pursuant with Environmental Planning and Assessment Regulation 2000 Council would like to recover the cost of any such peer review from you as the applicant or proponent.

Part of the land is flood prone as shown on the attached map, however the concept development has been designed to be fully above the 1 in 100 flood level plus freeboard and probable maximum flood. This is a positive component of the development. Further to this, the access from the property and the facility to Taylors Arm bridge is proposed to be flood free up to a 1 in 100 flood event. A preliminary concept design has been prepared to demonstrate to Council that is achievable.

A detailed design of the access to and from the bridge would be need be completed at DA stage and would need to demonstrate that regular hydrological regimes would not be interfered with and that design would accommodate flood flows and levels.

This means access to and from the property will be available for as long as the remainder of Joffre St remains trafficable. The issue that exists is that Joffre St between Taylors Arm Bridge and Tilly Willy Creek Bridge is lower than a 100 year event. The engineer report states the following in respect to this:

“unfortunately Joffre st between Taylors Arm Bridge and Tilly Willy Creek Bridge is lower than the 100 year flood level and nominally RL3.5m. Consequently this section of Joffre St is in undated in events greater than the 20 year ARI event and the site will be cut off from Macksville…”

“there is no alternative road access to the site and the site will be isolated during extreme flood events. The developable site area above the 100 year ARI flood level plus free board is in the order of 22 Hectares whilst flood free land above the PMF is in the order of 16HA.”

In response to this the applicant has proposed to retain the residents on flood free land. The Flood Emergency Warning Plan – response and evacuation report accompanying the application states the following:

“Due to the nature of the site being proposed to be developed as a seniors living development it is believed the risk associated with off-site evacuation is considered higher than the risk residents will be exposed to if they are to remain isolated on flood free land (extract from FMA conference 2011 Tamworth NSW). The distance to the nearest evacuation centre (Boundary St Macksville) is 1.8km. The transportation of residents over this distance poses significant risks, particularly with the less mobile residents, than if the residents were to remain on site. It should be noted that access to Macksville High school is via bridge of Taylor Arm which will be cut off during regular flood events. Furthermore, the site will contain appropriate facilities to accommodate people who require high care or treatment whereas an evacuation centre would lack these facilities.”

The proposal also aims to retain residents on site as the facility will be better equipped to deal with residents than other facilities and evacuation centres. Medical resources and other provisions will be available on site. The evacuation strategy is to therefore keep residents within their homes until the SES or Local Emergency Controller deem it appropriate or necessary for residents to evacuate to higher ground within the site.

A helicopter landing facility will be provided on site for isolated emergencies. The Flood Emergency Warning Plan – Response and Evacuation is provided as [attachment 4].

Flooding consultation

In regards to consultation undertaken in relation to the flooding issue, Council has consulted with the Office of Environment and Heritage (OEH) and the State Emergency Services (SES):

· OEH – Despite having not seen the most recent plans raising the access road from the property OEH is satisfied the residential development can be excluded from the PMF area. Future Development can be accommodated on higher ground outside the floodway and with a floor level at least 0.5 m above the 1 in 100 year flood level with unencumbered access to the PMF area. As an aged care facility consideration needs to be given to the need for emergency care and evacuation in the event of floods.

· SES – the SES does not support the development given it is not in accordance with SES policies nor the Floodplain Development Manual in relation to the limitation of use of private evacuation plans. Council has not forwarded the amended plan with improved access to and from the site to the SES at this stage.

As the SES objects to the proposal, the director general of the Department of Planning and Environment will be required to give further consideration to the matter relating to flooding in its determination of the gateway proposal. It is likely further consultation with the SES will be required should an amended gateway proposal be received.

Planning Staff comments on flooding

Staff have raised the importance of the flooding matter with applicant from the beginning of this process. The applicant has recently provided the following amendments to the proposal to examine in more detail the issue of flooding:

- A concept access report, which provides an improved plan for access from the development to Taylors Arm Bridge (to meet a 1 in 100) flood level.

- An amended concept plan

- An amendment amended emergency response plan;

These reports and studies identify flooding effects event and propose responses to these issues. The important aspects of the development in relation to flooding are:

- How the development on the site will be affected by a flood?

- What access to and from the site is available in a flood?

- How long the site may be isolated in a flood?

The following comments are provided in respect to the above questions.

How the development on the site will be affected by a flood?

Any future development on the site is to be located above the Probable Maximum Flood (PMF) level (refer to the concept plan below). That is all habitable buildings will be constructed to flood planning levels as well as the PMF. Further, the main facilities being the aged care facilities; communal centre and wellness centre are located well above the PMF and can be used for additional evacuation should it be necessary.

In this respect the proposed buildings on site are unlikely to be at risk from the most extreme event modelled. In a large flood event the residents on this land will be better positioned in comparison to much of Macksville for instance Council chambers, Autumn Lodge, the majority of the CBD, north Macksville, and large portions of Willis, East and Wall Street which all flood and are likely to require evacuation. A plan of the 1 in 100 flood event for Macksville is shown below.

What access to and from the site is available in a flood event?

The applicant has agreed to construct the access off the site to the Taylors Arm Bridge to accommodate a flood event up to a 1 in 100 year event. This is a substantial improvement to the original application which did not specify any improvements to the access and as such access would have been restricted in a 1 in 5 year event. By doing this the applicant has reduced the frequency of the development being isolated and the period in which the development will be isolated. It will also increase the time period that the development will have to prepare for a major flood.

Despite the improvements to the concept the site will still have access restricted to Macksville in events equivalent to or greater than a 1 in 20 year event, due to the low level of Joffre St. The concept development includes a helicopter facility which could be used to evacuate residents with medical emergencies not catered for on site – it is noted that during a major flood event access to helicopters will would be limited.

The applicant was requested to address potential alternative routes of the site for emergency purposes, but simply states “there is no alternative road access to the site”. Staff have investigated this further, particularly in respect to potential access to Bowraville west of the site. Subject to landholder agreements emergency easements could be created within private property and access could then be provided to western parts of Coronation Road and Congarrini Road North. However access to Bowraville would not be available via Wilson Road which is likely to be inundated in a 1 in 5 year event as shown in the below figure.

Another potential route to Bowraville exists via Coronation Road, Congarinni Road North, Rhones Creek Road, Welshes Creek Road, Williams Hill Road and South Arm Road. This is a paper route that has not been tested and Councils Flood Data does not extend west of Bowraville so the effect of flooding on South Arm road and other areas is unknown.

It is considered access availability to Bowraville from the site during a flood event is unlikely.

Moving elderly residents from a site in a flood can create higher levels of stress and logistical difficulties.

How long will the site be isolated in a flood event?

The site is expected to be isolated from Macksville in events greater than a 1 in 20 year event. The applicant was requested to provide details of how long the site is expected to be isolated in their comments they state “SES have indicated that period of isolation can range from a few hours to several days.” This appears to be general statement rather than a modelled conclusion.

The period of time that Joffre Street will be inundated will vary depending on the size of the event. Council has information provided with the flood study 2013 that shows the land could be isolated after approximately 22 hours into a 100 year flood event and the period of isolation will be from between 30 – 48 hours.

Council’s Flood Risk Management Study and Plan includes assessment of evacuation routes and timing in various flood events. Joffre Street is one of the streets to be examined as part of this process. Staff have requested that our flood consultants prioritise the investigation of Joffre Street so the information may be used to assist staff and Council to understand the flood behaviour in this area and more accurately determine the period of expected isolation. This information will be provided as the study progresses and the results reported to Council prior to Council resolving to exhibit the planning proposal.

CONSULTATION:

Manager of Planning and Assessment

SUSTAINABILITY ASSESSMENT:

Environment

The amended planning proposal includes rezoning of part of the land to E2 Environmental Conservation. This area will encompass the Wetland Areas and Endangered Ecological Communities. Further investigations would be required to support any future development on site particularly in relation to stormwater management, landscaping and maintaining natural flow regimes (particularly on the proposed access).

Social

The planning proposal has addressed a number of issues relevant to the local community, emergency response and management. These matters are discussed in the body of this report.

Should it proceed the proposal will provide a significant form of housing for the projected aging population.

Economic

The proposal would be significant economic opportunities in the shire during and post construction.

Risk

The question of risk is key to this rezoning. A recent land and environment court decision in relation to seniors living and flooding identified the reasonableness of the risk to residents and the potential anxiety and stress during an emergency situation as a core issue.

In this court decision the Council refused the development which was upheld in the land and environment court. However the development related to this decision had significant differences to what is being proposed in this instance including unit buildings that were directly impacted by regular (5 - 100 year) event floodwater and the floodway despite the floor levels located above the 1 in 100 year plus freeboard. Significant engineering solutions were required to mitigate the flood risk to protect the building and basement car park and these measures would exacerbate the flood velocities. Some of parts of the buildings were suspended above the flood waters by no more than 0.9m.

In this planning proposal the risk is summarised as follows:

- future development of the site will be fully above the PMF and therefore the risk to the property directly related to flood impact is considered low. Some damages and clean up would be required over the low lying portion of the site including the proposed access;

- the site will be isolated from Macksville in events equal to or greater than a 1 in 20 year event,

- the emergency response plan proposes to retain residents on site during a flood event;

- the plan includes helicopter facilities for evacuation in relation to medical emergencies not catered for on site;

- individuals on site are likely to experience heightened levels of stress during an emergency situation. The applicant indicates the facilities on site will be better equipped to deal with such situations than evacuation centres and the evacuation of patients would contribute to additional anxiety.

- The behaviour of flooding on Joffre Street during varying sized events is presently being investigated as part of the Council’s Flood Risk Management Study and will be reported to Council prior to exhibition of this planning proposal. This investigation will provide Council with a greater understanding of how long the site will be isolated for during differing floods.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Nil

Source of fund and any variance to working funds

Nil

Service level changes and resourcing/staff implications

Nil

Attachments:

1	34081/2014 - LEP 2010 Amendment No 14 - Gateway Planning Application (Hamptons Property Services)
2	14417/2015 - Concept Plan Sheet 1
3	14419/2015 - Intersection full report
4	14414/2015 - Flood Emergency Warning Plan Rev 03

Ordinary Council Meeting 28 May 2015

General Manager

ITEM 9.15 SF1480 280515 Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

AUTHOR/ENQUIRIES: Wayne Lowe, Manager Business Development; Michael Coulter, General Manager

Summary:

Council at its meeting on 7 April 2011 resolved:

1. That Council in its capacity as Reserve Trust Manager for the Reserve R88941 and pending finalisation of a long term lease agreement grant a license to the registered proprietor of Lot 162 in DP 755560 for occupation of the area of encroachment onto part Lot 7003 in DP 1113130 and part Lot 7001 DP 1117183 for a period of three years subject to terms and conditions deemed reasonable and appropriate by Council’s legal advisor on the matter.

2. That the General Manager and the Mayor be authorised to conclude negotiations for the new license term and conditions and execute all documents required to give effect to the license.

All of the above actions proceeded providing for the three year term which expired on 31 May 2014.

On the 11 November 2013 Council received a letter from WMW solicitors acting for Dennien Superannuation in relation to buying the Caravan Park business and freehold and seeking an extension of the encroachment agreement and transfer of license from the previous operator (Watson) to Dennien.

On the 2 April 2014 Council was contacted by Mr Ian Watson to inform Council that the sale of the Nambucca Beach Holiday Park Pty Ltd had been finalized.

The new valuation for rental for the license as at March 2014 was $8,500.00 per annum, a reduction from the previous amount of $9,307.84 but it was recommended that Council maintain the existing license rental.

On 16 October 2014 Council did resolve to endorse a new licence agreement for the encroachments but excluding Ms Gee’s dwelling.

Council has now been advised that Mr Dennien has purchased Ms Gee’s dwelling with settlement occurring on 23 April 2015.

The matter was considered by Council at its meeting on 30 April and it was resolved that the matter be deferred to the next Council meeting so the terms of the licence can be included in the report.

Council has now received from Crown Lands the terms of the new licence agreement. In essence the Crown is insisting on the removal of the encroaching (Gee) dwelling now that the sale of the dwelling from Gee to the Dennien Superannuation Custodian Pty Ltd has taken place. This is reflected in clause 25.6 of the licence which provides that the licensee shall not permit any further residency or another person or persons to reside on the premises. Clause 56.3 of the licence requires that the licensee not permit the encroachments to be used other than by the bona fide permanent residence of the owners who were bona fide permanent residents at the commencement of the licence.

Recommendation:

1. That Dennien Superannuation Custodian Pty Ltd be directed to remove the encroaching dwelling (formerly owned by Gee) within 3 months.

2. That Dennien Superannuation Custodian Pty Ltd be directed to submit a revised survey plan which deletes the land containing the encroaching dwelling (formerly owned by Gee) from the land the subject of the licence agreement.

3. Upon removal of the encroaching dwelling (formerly owned by Gee) and the submission of a revised survey plan, that Council as Corporate Manager of the Nambucca Heads (R88941) Public Reserve Trust enter into the attached licence agreement with any necessary amendments, and attach Council’s seal as required and forward to Crown Lands for Ministerial consent.

OPTIONS:

Given the existing encroachment licence lapsed on 31 May 2014 it is important for insurance and other reasons that the continuing use of the encroached land by the caravan park be resolved. The three possible options are:

1. Proceed as per the previous arrangements being a licence agreement for all of the encroachments

2. Not endorse a licence agreement and require the removal of all of the encroachments

3. Adopt the third alternative which is recommended by the Crown being to exclude the dwelling formerly owned by Gee from the proposed licence agreement.

Council has already received representations that the existing residents of encroaching dwellings wish to remain at the caravan park.

DISCUSSION:

At Council’s meeting on 17 July 2014 it was resolved that Council defer a decision on this matter until after an onsite inspection has been held and that the park owner be requested to attend the onsite meeting.

Arrangements were made with the new owner, Mr Barry Dennien who lives interstate, to attend a site inspection on 31 July 2014. Mr Dennien has also advised that in relation to the claims of Ms Gee, as a consequence of a CTTT hearing on 27 August 2012, there was a settlement reached which is expressed in a confidential legal agreement.

There was a site inspection as part of Council’s meeting on 31 July. Council heard delegations from Ms Vicki Gee, Ms Louise Robinson, Ms Chels Marshall and Mr Barry Dennien. The Council then resolved to defer the matter to 28 August 2014 pending receipt of information from Ms Gee in regard to the legal document relating to Ms Gees dwelling and the encroachment. Further, that the report is to clarify whether or not a Council order exists for the relocation of Ms Gee’s dwelling. Further, the report is to provide the conditions of the previous licence, in particular in relation to the removal of encroachments within the three year life of the licence and that the report also provides the proposed conditions of the five year licence.

Ms Gee then requested that the matter be deferred until 16 October 2014 so that she may obtain legal advice.

The matter was then considered by Council at its meeting on 16 October 2014 and it was resolved as follows:

“That a new license agreement for encroachments, excluding Ms Gee’s dwelling, be entered into with the new owner of the Swimming Creek Caravan Park, the Dennien Group, at an initial rental of $9,307.84 with annual CPI indexation, and that Council’s seal be attached to the licence documents as required.

Council noted that Ms Gee agreed to this arrangement and further, that Ms Gee is to provide a written undertaking within 21 days agreeing to the exclusion of her dwelling from the encroachment licence. Pending receipt of the written agreement from Ms Gee and the Crown, that Council issue of Notice of Intention to Serve an Order to remove the dwelling and that a period of three (3) months (from the date of the order) be provided for this.”

A written undertaking was then sought from Ms Gee but this was not received.

At Council’s meeting on 15 January 2015 it was resolved that the matter be deferred in order for Council to obtain further advice on the legal consequences of an order for the removal of Ms Gee’s dwelling.

Council has now been advised that Mr Dennien has purchased Ms Gee’s dwelling with settlement occurring on 23 April 2015. Mr Dennien is now requesting that Council change its previous resolution of 16 October 2014 which required that Ms Gee’s dwelling be excluded from the new licence agreement.

The matter was reported to Council’s meeting on 30 April to finalise but it was resolved that it be deferred to the next Council meeting so the terms of the licence can be included in the report.

Council has now received an amended licence agreement from Crown Lands for execution. The amended licence agreement is attached.

The Property Management Project Officer of Crown Lands has advised as follows:

“As Dennien Superannuation Custodian Pty Ltd (DSCPL) has negotiated the purchase of Ms Gee’s dwelling NSW Trade and Investment, Crown Lands considers that it is no longer appropriate for officers to attend the Council meeting on 14 May 2015.

DSCPL are no in a position to relocate this dwelling within the boundary of the Nambucca Beach Holiday Park.

I trust that Nambucca Shire Council as Corporate manager of the Nambucca Heads (R88941) Public Recreation Trust has advised DSCPL of their obligation to relocate the dwelling and Council in its capacity as local planning authority is arranging the provision of information and any requirements for the amendment of the section 68 approval for operation of the Holiday Park.

As per our discussion today please find attached amended draft Trust Licence for Removal of Holiday Park Encroachments to DSCPL over part Reserve 88941.

Could you please check, confirm and if required update the information shown in red and review and consider the amendments to Clauses 9, 13(d), 25.6 and 32 and Special Conditions.

Once Council as Corporate manager of the Trust has reviewed the document and negotiated the tenure with representatives of DSCPL the Trust will be in a position to prepare a report to the Trust for resolution.

I look forward to receiving an update in relation to the outcome of these negotiations and providing requirements for Crown Lands to process approval in principle for the final draft Trust Licence under provisions of Section 102 of the Crown Lands Act, 1989, prior to the preparation of the report to the Trust.

Should you require any further information or clarification in relation to this matter please contact me.

Signed Property Management Project Officer, Far North Coast

NSW Trade & Investment, Crown Land”

With the removal of the dwelling formerly owned by Gee as an encroachment, there will need to be a revised plan of survey and there will also be a revised rent being a pro-rata reduction based on the area removed from the licence agreement.

Clause 25.6 of the licence provides that the Licensee shall not permit any further residency or another person or persons to reside on the Premises. The practical enforcement of this provision has been previously questioned. Whilst the obligation is on the Licensee, Council is not privy to the sale of premises or to changes in the persons residing in the premises. It has already been the case that premises on the encroached land have been sold. The dwelling owned by Ms Gee was also sub-let without any notice being provided to the Council as the Trust.

There needs to be further consultation with Crown Lands in relation to Clause 32 of the Licence as it purports to provide that all improvements and tenant fixtures remain the property of the Licensee. The improvements are not owned by the Licensee but are owned by the caravan park tenant.

CONSULTATION:

There have been previous consultation/representations involving:

· Department of Lands (Grafton office)

· The previous owner being Mr Ian Watson

· The new owner Mr Barry Dennien

· Ms Vicki Gee

· Other tenants affected by the encroachment

· The Nambucca Heads Local Aboriginal Land Council

SUSTAINABILITY ASSESSMENT:

Environment

There are no implications for the environment.

Social

There are potentially significant social issues if the encroaching dwellings are required to be relocated.

Economic

The recommendation has no significant economic implications.

Risk

The risks to Council are indicated in the report. If Council does not endorse a new licence then there is potential additional risk in relation to public liability being borne by Council and not the licensee.

FINANCIAL IMPLICATIONS:

The recommendation maintains the existing rental return.

Direct and indirect impact on current and future budgets

This report has no direct impact on current or future budgets

Source of fund and any variance to working funds

No funds or variances required.

Attachments:

14775/2015 - Amended Draft Trust Licence as at 21 May 2015

Ordinary Council Meeting - 28 May 2015

Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

AGREEMENT dated ................................................. day of , 2015

BETWEEN NAMBUCCA HEADS (R88941) PUBLIC RECREATION RESERVE TRUST

(hereinafter called the “Licensor”)

AND DENNIEN SUPERANNUATION CUSTODIAN PTY LTD ([INSERT ACN/ABN IF APPLICABLE])

(hereinafter called the “Licensee”)

THE PARTIES AGREE AS FOLLOWS.

1 INTERPRETATIONS, DEFINITIONS AND ADMINISTRATION

Authority for grant of Licence

1.1 The Licensor warrants

(a) That the Premises comprise the whole or part of a Reserve within the meaning of Part 5 of the Crown Lands Act 1989.

(b) That the Licensor was established and appointed as Trustee of the Reserve under the Crown Lands Act 1989.

(c) That the Licensor has power under Section 102 of the Crown Lands Act 1989 to grant a licence of the Reserve or part thereof subject to the Minister’s Consent.

Effect of Instrument

1.2 The Licensor and the Licensee expressly acknowledge that no rights or interests are conferred on either Party by the provisions of this instrument unless;

(a) the Minister has granted consent under Section 102 of the Crown Lands Act 1989 to the grant of this Licence;

2 DEFINITIONS

In this Licence unless the contrary intention appears:

Access Plan means the drawing annexed to each Premises Appendix depicting the Premises and a description of the route of access to the Enclosed Area.

Base Annual Rent means:

(a) the Initial Rent where the rent has not been redetermined or adjusted in accordance with sub-clauses 14.4 or 14.5; or

(b) in any other case - the Rent as last redetermined or adjusted in accordance with those provisions;

Business Day means any day which is not a Saturday, Sunday or Public Holiday in New South Wales;

Commencement Date means the date referred to in Column 2 of Item 16 of Schedule 1;

Consumer Price Index Number means in relation to a quarter the number for that quarter appearing in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician;

Due Date means the date for payment of Rent under this Licence as is specified in Column 2 of Item 6, of Schedule 1;

Enclosed Area means the fenced area (which comprises the Premises and Third Party Exclusive Areas) described in each Premises Appendix as the Enclosed Area and shown on the Plan annexed to each Premises Appendix where land is, or is intended to be fenced;

Environmental Law means any law or state protection policy incorporated by reference to or being part of any Law relating to protection of the environment;

Expiry Date means the date referred to in Column 2 of Item 17 of Schedule 1;

"GST", "taxable supply", "consideration", "tax invoice" and “GST amount” have the meanings given to those terms in A New Tax System (Goods and Services Tax) Act 1999;

Hazardous Substance means a substance that because of its quality, concentration, acute or chronic toxic effects, carcinogenicity, teratogenicity, mutagenicity, corrosiveness, flammability, physical, chemical or infectious characteristics, may pose a hazard to property, human health or the environment when improperly treated, stored, disposed of or otherwise managed;

Improvements mean any structure of a permanent nature attached to the land;

Initial Rent means the Rent payable under this Licence in respect of each Premise as is specified in Column 2 of Item 5 of Schedule 1;

Law includes the provisions of any statute, rule, regulation, proclamation, ordinance or by-law, present or future, whether state, federal or otherwise;

Licence means this licence including all Schedules and Annexures hereto;

Licensee means the licensee referred to in Column 2 of Item 2, of Schedule 1;

Licensor means the licensor referred to in Column 2 of Item 1 of Schedule 1 and includes its assigns and for the purpose of clauses 35, 36, 37, 38, 39, 40, 41, and 42 includes Her Majesty the Queen, the State of New South Wales and the Minister and their heirs, successors, agents, servants, employees and contractors;

Market Rent means the Rent as specified in Column 2 of Item 3, of Schedule 1 that would reasonably be expected to be paid for the site if it were offered for the same or a substantially similar use to which the site may be put under the Licence;

Market Rent Review Date means the date described as such in Column 2 of Item 8, of Schedule 1 and expressed as an absolute dollar or as a percent of the Market Rent;

Minister means the Minister administering the Crown Lands Act 1989;

Party/Parties mean the parties to this Licence;

Premises means the land and/or the buildings described in the Premises Appendix and on the plan annexed thereto;

Permitted Use means the use shown in Column 2 of Item 15, of Schedule 1;

Regulations mean the Crown Lands Regulation 2006;

Rent means the Base Annual Rent calculated and payable upon each Due Date less any Rent Rebate granted to the Licensee together with all other payments due to be paid by the Licensee as Rent under this Licence;

Rent Rebate means such amount as specified in Column 2 of Item 4 of Schedule 1 given to the Licensee from the Licensor as per clause 14.6 as expressed either as an absolute dollar value or a percentage of the market value;

Sub-Licensee means a person who holds a sub-licence of any part of the Premises from the Licensee in accordance with the provisions of this Licence;

Tenant Fixtures means any plant or equipment, fittings or improvements in the nature of fixtures brought onto the Premises by, or on behalf of, or at the request of, the Licensee;

Term means the term of operation of this Licence in relation to the Premises;

Term of Agreement means the figure set out in Column 2 of Item 18, of Schedule 1;

Third Party Exclusive Areas means those areas that are exclusively for the use of third parties as shown on the Plan annexed to each Premises Appendix.

3 CONSTRUCTION

3.1 This Licence shall be constructed in accordance with this clause unless the context requires otherwise;

3.1.1 Plurals

Words importing the singular include the plural and vice versa;

3.1.2 Gender

Words importing any gender include the other gender;

3.1.3 Persons

A reference to a person includes:

(a) an individual, a firm, unincorporated association, corporation and a government;

and

(b) the legal personal representatives, successors and assigns of that person;

3.1.4 Headings

Headings (including any headings described as parts and sub-headings within clauses) wherever appearing shall be ignored in constructing this Licence;

3.1.5 Clauses and sub-clauses

(a) A reference to a clause includes all sub-clauses, paragraphs, sub-paragraphs and other components which form part of the clause referred to;

(b) A reference to a sub-clause includes any sub-paragraphs and other components of the sub-clause referred to;

3.1.6 Time

A reference to time is a reference to local Sydney time;

3.1.7 Money

A reference to $ or dollars is a reference to the lawful currency of Australia;

3.1.8 Defined Terms

If a word of phrase is defined cognate words and phrases have corresponding definitions. A defined term, unless inconsistent with the context of its use, is denoted by the appearance of that word using a capital letter at the beginning of that word;

3.1.9 Writing

A reference to writing includes any mode of representing or reproducing words in tangible and permanently visible form;

3.1.10 Contra Preferentum

No rules of construction shall apply to the disadvantage of any Party responsible for preparation of this Licence or any part of it;

3.1.11 Statutes

A reference to a Statute, Act, legislation, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them made by any legislative authority;

3.1.12 Licence

A reference to this Licence shall include any extension or variation of this Licence;

3.1.13 Priorities

If an inconsistency occurs between the provisions of this Licence and the provisions of a licence granted in accordance with this Licence, the provisions of this Licence shall prevail.

3.2 Warranties and Undertakings

(a) The Licensee warrants that it:

(i) has relied only on its own inquiries about this Licence; and

(ii) has not relied on any representation or warranty by the Licensor or any person acting or seeming to act on the Licensor’s behalf.

(b) The Licensee shall comply on time with undertakings given by or on behalf of the Licensee.

3.3 Further Assurances

Each Party must do everything necessary to give full effect to this Licence.

(a) Pursuant to clause 7, this Licence and any other agreement subsidiary to this Licence continue in full force and effect.

3.4 Relationship of Licensor and Licensee

Nothing contained or implied in this Licence shall be deemed or construed to create the relationship of partnership or of principal and agent or of joint venture between the Licensor and the Licensee. Specifically, the Parties understand and agree that neither the method of computation of Rent, nor any other provision, nor any acts of the Licensee and the Licensor or either of them will be deemed to create any relationship between them other than the relationship of Licensor and Licensee upon the terms and conditions only as provided in this Licence.

3.5 Time to be of the Essence

Where in any provision of this Licence a Party is given or allowed a specified time within which to undertake or do any act or thing or any power is conferred or any event occurs after the lapsing of a specified time, time shall be the essence of the contract in that regard.

4 SEVERABILITY

Any provision of this Licence which is prohibited or unenforceable in any jurisdiction shall as to such jurisdiction be ineffective to the extent of such prohibition or inability to enforce without invalidating the remaining provisions of such provisions in any other jurisdiction.

5 ESSENTIAL CONDITIONS OF LICENCE

The Licensor and the Licensee agree that the clauses specified in Column 2 of Item 19 of Schedule 1 are essential conditions of this Licence.

6 PERMITTED USE

6.1 Grant of Licence

The Licensor grants to the Licensee a right to occupy the area delineated on the plan annexed to the Premises Appendix.

6.2 Permitted Use only

The Licensee shall not:

(a) use the Premises;

(b) or allow the Premise to be used (except pursuant to a Licence lawfully granted by the Licensor),

for any purpose other than the Permitted Use specified or referred to in Column 2 of Item 15 of Schedule 1.

6.3 No exclusive possession

The Licensee acknowledges that this Licence does not confer exclusive possession of the Premises upon the Licensee.

7 COMMENCEMENT OF LICENCE AND TERM

This Licence shall commence on the date (and where a time is specified or referred to at that time) specified or referred to in Column 2 of Item 16, of Schedule 1 and subject to clauses 10 and 11 shall continue in force until the Expiry Date (and where a time is specified or referred to at that time) specified or referred to in Column 2 of Item 17, of Schedule 1.

8 NO RIGHT TO PURCHASE OR TRANSFER OF LICENCE RIGHTS

8.1 In respect of this Licence, and without limitation, the grant of this Licence does not confer upon the Licensee:

(a) a right to purchase or lease any part of the Premises; or

(b) any tenancy or other estate or interest in any part of the Premises other than contractual rights as Licensee under this Licence.

8.2 Subject to any other provisions of this Licence the Licensee shall not during the Term of this Licence, sub-licence, part with possession of the Premises, transfer or create any interest in the Licence or authorise or permit any person to occupy the Premises without the prior written consent of the Licensor and the Minister.

9 LICENSEE TO YIELD UP

9.1 The Licensee shall forthwith upon the termination of this Licence or any extension of it peaceably vacate the Premises at the Licensee’s expense.

9.2 The Licensee shall:

(a) remove all Improvements and Tenant Fixtures, signs, names, advertisements, notices or hoardings erected, painted, displayed, affixed or exhibited upon, to or within the Premises by or on behalf of the Licensee (other than a notice displayed by the Licensor); and

(b) rehabilitate the Premises, (to the extent to which it has been altered or affected by the Licensee’s occupation and use of the Premises) as nearly as practicable to the original condition before the installation of the Improvements and Tenants Fixtures to the reasonable satisfaction of the Licensor; and

(c) ensure that when it vacates the Premises in relation to its occupation of the Premises under this Licence, the Premises comply with any Environmental Law to the extent applicable at the time of granting of this Licence; and

(d) leave the Premises in a clean and tidy condition.

9.3 Sub-clause 9.2 does not apply unless the Licensor permits the Licensee to carry out any works on the Premises reasonably required in order to comply with that clause.

10 TERMINATION OF LICENCE - S109 TO APPLY

10.1 Without limiting the Licensee’s statutory or other rights apart from this Licence, the Parties acknowledge that subject to subclause 10.2 this Licence shall terminate under section 109 of the Crown Lands Act 1989 if the Reserve is revoked or that part of the Reserve is revoked that comprises the whole or part of the Premises unless the revocation notification otherwise provides.

10.2 Where only part of the Premises is affected by the revocation or proposed revocation the Parties undertake to consult to determine if an agreement under Section 109(3) of the Crown Lands Act 1989 can be reached for the continuation of this Licence in respect to that part of the Premises not affected by the revocation.

10.3 The Licensee expressly acknowledges that as provided by Section 109(5) of the Crown Lands Act 1989 no compensation is payable in respect of the termination of this Licence by the operation of Section 109.

11 TERMINATION OF LICENCE ON DEFAULT

11.1 The Licensor may terminate this Licence in the manner set out below in the following circumstances:

(a) if the Rent or any part of it or any moneys owing to the Licensor under the Licence is or are in arrears for one month, whether formally demanded or not;

(b) if the Licensee breaches an essential condition of this Licence or any rule or regulation made under this Licence;

(d) if the Licensee is a corporation and an order is made or a resolution is passed for its winding up except for reconstruction or amalgamation;

(e) if the Licensee is a company and ceases or threatens to cease to carry on business or goes into liquidation, whether voluntarily or otherwise, or is wound up or if a liquidator or receiver (in both cases whether provisional or otherwise) is appointed;

(f) if the Licensee is a company and is placed under official management under corporations law or enters a composition or scheme of arrangement;

(g) if the interest the Licensee has under this Licence is taken in execution;

(h) if the Licensee or any person claiming through the Licensee conducts any business from the licensed Premises after the Licensee has committed an act of bankruptcy.

11.2 In the circumstances set out in sub-clause 11.1 the Licensor may end this Licence by:

(a) notifying the Licensee that it is ending the Licence; or

(b) re-entering the Premises, with force if necessary, and ejecting the Licensee and all other persons from the Premises and repossessing them; or

11.3 If the Licensor ends this Licence under this clause, the Licensee shall not be released from liability for any prior breach of this Licence and other remedies available to the Licensor to recover arrears of Rent shall not be prejudiced.

11.4 If the Licensor ends this Licence under this clause or the Licence terminates under clause 10, the Licensor may remove the Licensee’s property and store it at the Licensee’s expense without being liable to the Licensee for trespass, detinue, conversion or negligence. After storing it for at least one month, the Licensor may sell or dispose of the property by auction or private sale. It may apply any proceeds of the auction or sale towards any arrears of Rent or other moneys or towards any loss or damage or towards the payment of storage and other expenses.

12 ACCEPTANCE OF RENT NOT WAIVER

Demand or acceptance of Rent or any other moneys due under this Licence by the Licensor after termination does not operate as a waiver of the termination.

13 HOLDING OVER BY LICENSEE

(a) At the end of the Term of Agreement as specified in Column 2 of Item 18 of Schedule 1, the Licensee shall be entitled with the consent of the Licensor and the Minister to remain in possession of the Premises on the following terms and conditions:

(i) the Licensee shall become a monthly tenant of the Licensor at a monthly rental equivalent to one twelfth proportion of the annual Rent payable at the time of expiration or sooner determination of this Licence;

(ii) the Licensee shall comply with and be bound by the terms and conditions of this Licence insofar as the terms and conditions are applicable, provided that the Licensor may from time to time by notice in writing served on the Licensee direct that any particular condition not apply or be amended in the manner set out in the notice.

(b) The Licensor and the Licensee expressly agree that where any provision of this Licence confers any right, duty, power or obligation on a Party upon the expiration or determination of this Licence or on the Expiry Date and the Licensee is authorised to remain in possession of the Premises pursuant to a consent granted under this clause the emergence of the right, duty, power or obligation shall be postponed until such time as the Licensee ceases to be entitled to possession pursuant to this clause.

(c) The tenancy created by operation of this clause may be determined by the Licensor serving on the Licensee a notice to quit. The notice shall take effect at the expiration of the period of one month from the date of service of the notice or such further period as may be specified in the notice.

(d) The term of the tenancy created by operation of this clause is limited to twelve months from the date specified in Column 2 of Item 17 of Schedule 1 of the licence.

14 LICENSEE'S RENT AND OUTGOINGS

14.1 Licensee to Pay Rent

The Licensee covenants with the Licensor that the Licensee shall during the whole of the Term of Agreement and any extension of it pay the Rent to the Licensor in accordance with the provisions of this clause without demand free of exchange and without deduction whatsoever.

14.2 Goods and Services Tax

(a) The Parties agree that all payments to be made and other consideration to be provided by the Licensee under the Licence are GST exclusive unless explicitly expressed otherwise. If any payment or consideration to be made or provided by the Licensee to the Licensor is for a taxable supply under the Licence on which the Licensor must pay GST and the Licensor gives the Licensee a tax invoice, the Licensee shall pay to the Licensor an amount equal to the GST payable (“the GST Amount”) by the Licensor for that taxable supply upon receipt of that tax invoice.

(b) The Parties agree that they are respectively liable to meet their own obligations under the GST Law. The GST Amount shall not include any amount incurred in respect of penalty or interest or any other amounts payable by the Licensor as a result of default by the Licensor in complying with the GST Law.

14.3 Rent and Adjusted Rent

The Licensee shall pay to the Licensor on the Commencement Date the Initial Rent and thereafter must pay on each Due Date, Rent in advance adjusted as provided in sub- clauses 14.4 and 14.5.

14.4 Calculation of Annual Rental Adjustment

(a) On each anniversary of the Due Date the Rent will be adjusted in accordance with the following formula:

where:

R represents the Base Annual Rent following adjustment under this clause;

B represents the Base Annual Rent before adjustment under this clause;

C represents the Consumer Price Index Number for the last quarter for which such a number was published before the Due Date; and

D represents the Consumer Price Index Number for the last quarter of the last adjustment of Rent for which such a number was published.

(b) In the event that such index be discontinued or abolished the Minister may at his absolute discretion nominate another Index.

(c) If the reference base for the Consumer Price Index is changed regard shall be had only to Index numbers published in terms of the new reference base or to Index numbers converted to the new reference base in accordance with an arithmetical conversion factor specified by the Australian Statistician.

(d) Any Rent adjusted under this sub-clause shall be adjusted to the nearest whole dollar.

(e) An adjustment of Rent made under this clause shall take effect on its Due Date, notwithstanding than any Rent notice to the Licensee is not issued until after that date specified or referred to in Column 2 of Item 6 of Schedule 1.

14.5 Market Rent Review

(a) In addition to the Rent adjustment provided for in clause 14.4 the Rent may, subject to the following provisions of this clause, be redetermined to an amount that is the Market Rent on that date with effect on and from each Market Rent Review Date by the Licensor;

(b) A redetermination of Rent for the purposes of sub-clause 14.5(a) shall be taken to have been made on the Market Rent Review Date if it is made at any time within the period of six months before and up to six months after that Market Rent Review Date specified or referred to in Column 2 of Item 8 of Schedule 1.

(c) Where the Licensor does not redetermine the Rent as provided for in sub-clause 14.5(a) it may subsequently redetermine the Rent at any time before the next Market Rent Review Date. No succeeding Market Rent Review Date shall be postponed by reason of the operation of this clause.

(d) A redetermination of Rent made under sub-clause 14.5(a) or 14.5(c) shall take effect and be due and payable on the next Due Date following the date of issue of the notice of redetermination (or where the said Due Date and the date of issue of the notice of redetermination are the same, then that date) even if the Licensee wishes to dispute the redetermination.

14.6 Rent Rebate for Charitable or Non Profit Organisations

(a) At the absolute discretion of the Licensor, the Licensor may determine that the Licensee is entitled to a Rent Rebate on the basis that the Licensee is a recognised charitable or non profit organisation;

(b) Subject to sub-clause 14.6(a), the Rent is calculated by subtracting the Rent Rebate from the Base Annual Rent but must exceed the statutory minimum rental applicable to tenures under the Crown Lands Act;

15 CONTINUING OBLIGATION

The obligation of the Licensee to pay Rent is a continuing obligation during the Term of Agreement and any extension of it and shall not abate in whole or in part or be affected by any cause whatsoever.

16 NO REDUCTION IN RENT

Subject to this Licence the Licensee shall not without the written consent of the Licensor by any act, matter or deed or by failure or omission impair, reduce or diminish directly or indirectly the Rent reserved or imposed by this Licence. However, if at any time during the Licence:

(a) some natural disaster or other serious event occurs which is beyond the reasonable control of the Licensee; and

(b) as a result of the damage caused by the natural disaster or other serious event, the Licensee is not able to use the Premises in a reasonable manner,

the Licensee’s obligations to pay Rent shall abate to the extent proportional to the effect on the Licensee’s ability to occupy and use the Premises until the Premises are restored to a condition in which the Licensee is able to conduct the Licensee’s activities and/or occupy the Premises in a reasonable manner.

17 LICENSEE TO PAY RATES

17.1 The Licensee shall when the same become due for payment pay all (or in the first and last year of the Term of Agreement the appropriate proportionate part) rates, taxes, assessments, duties, charges and fees whether municipal, local government, parliamentary or otherwise which are at any time during the currency of this Licence separately assessed and lawfully charged upon, imposed or levied in respect of the Licensee's use or occupation of the Premises to the extent referable to the Licensee's use or occupation of the Premises.

17.2 Where the Licensor requires evidence for such payments the Licensee shall produce such evidence within ten Business Days after the respective due dates for payment.

17.3 In the case where such rates, taxes, duties and fees so covenanted to be paid by the Licensee are not paid when they become due the Licensor may if it thinks fit pay the same and any such sum or sums so paid may be recovered by the Licensor as if such sums were Rent.

18 LICENSEE TO PAY OTHER CHARGES

The Licensee shall pay all other fees, charges and impositions for which it may properly be liable which are imposed by an authorised third party and which are at any time during the Term of Agreement payable in respect of the Premises or on account of the use and occupation of the Premises by the Licensee.

19 LICENSEE TO PAY FOR SERVICES

The Licensee shall as and when the same become due for payment pay to the Licensor or to any other person or body authorised to supply the same all proper charges for gas, electricity, water or other services supplied to the Licensee or consumed in or on the Premises, by the Licensee.

20 LICENSEE TO PAY COST OF WORK

Whenever the Licensee is required under this Licence to do or effect any act, matter or thing then the doing of such act matter or thing shall unless this Licence otherwise provides be at the sole risk, cost and expense of the Licensee.

21 COSTS PAYABLE BY LICENSEE TO LICENSOR

Except when law limits costs being recovered from a Licensor by a Licensee, the Licensee shall pay in full the Licensor's reasonable legal costs, the fees of all consultants and all duties fees, charges and expenses incurred reasonably, properly and in good faith by the Licensor in consequence of or in connection with or incidental to:

(a) the preparation and completion of this Licence;

(b) any variation of this Licence made otherwise than at the request of the Licensor;

(d) any and every failure to comply, breach or default by the Licensee under this Licence;

(e) the exercise or attempted exercise of any right power privilege authority or remedy of the Licensor under or by virtue of this Licence;

(f) the examination of plans, drawings and specifications of any improvement erected or constructed or to be erected or constructed on the Premises by the Licensee and the inspection of it, in this case the costs to be mutually agreed;

(g) any entry, inspection, examination, consultation or the like which discloses a breach by the Licensee of any covenant of this Licence;

(h) the Licensee requiring the Licensor to do any act, matter or thing under this Licence, unless otherwise provided for in this Licence.

22 COSTS PAYABLE BY LICENSOR

The Licensor shall pay its own direct and external consultants costs in relation to any rental redetermination matter without reimbursement from the Licensee.

23 INTEREST ON OVERDUE MONEYS

The Licensee shall pay interest to the Licensor on any moneys due and payable under this Licence or on any judgment in favour of the Licensor in an action arising from this Licence until all outstanding moneys including interest are paid in full. The rate of interest applicable is the rate set by the Licensor’s Bank for the time being as its benchmark rates for overdrafts of one hundred thousand dollars ($100,000.00) or more. Interest shall accrue and be calculated daily.

24 MANNER OF PAYMENT OF RENT AND OTHER MONEYS

The Rent and other moneys payable in accordance with this Licence shall be paid to the address or bank account specified in Column 2 of Item 9, of Schedule 1 or to such other person or at such other address as the Licensor may from time to time direct by notice in writing served on the Licensee.

25 OBLIGATIONS AND RESTRICTIONS RELATING TO PREMISES

25.1 Access

Subject to the sub-clauses hereunder the Licensor confirms that the Licensee shall have unfettered and free access to and from, the Premises at all times, provided however that:

(a) The Licensee shall strictly observe the reasonable directions and requirements of the Licensor at all times regarding the methods and routes of access to the Premises taken by the Licensee;

(b) If the Licensee has shown the position of its intended access on the Access Plan – Annexure B [INSERT DETAIL ON ATTACHED PLAN] and described the nature of the activity to be conducted on the land at those positions, then in respect of that access, the Licensor shall not require further notice;

(c) The Licensee as far as is practicable, shall be required to use existing access tracks to, from, within and surrounding the Premises;

25.2 Entry by the Public

The Licensee shall allow the public to have right of access over that part of the Premises as specified in Column 2 of Item 20, of Schedule 1 and any such part of the Premises shall be suitably signposted. Otherwise the Licensee may prohibit unauthorised entry to the remainder of the Premises. If required by the Licensor plans showing the areas where public access is authorised and unauthorised shall be displayed in a prominent location at the entrance to the Premises.

25.3 Additions and Alterations

The Licensee shall not make any additions or alterations to the Premises without first obtaining the written consent of the Licensor, the Minister and your local Shire Council in its role as the statutory planning authority. Any additions or alterations consented to by the Licensor and the Minister shall be carried out at the Licensee’s expense.

25.4 Maintenance of Premises and Enclosed Areas

The Licensee shall keep the Premises, and shall ensure that the Premises are kept clean and tidy and in good order and condition, having regard to the extent of the Licensee’s occupation of the Premises under this Licence.

25.5 Licensee to erect barricades etc

Where the Premises or any part of the Premises become to the knowledge of the Licensee (or which ought reasonably to be in the knowledge of the Licensee) unsafe, hazardous or dangerous the Licensee shall forthwith erect such warning signs, fences and barricades as may be necessary until the Premises are rendered safe.

25.6 No further residence on Premises

The Licensee shall not permit any further residency or another person or persons to reside on the Premises.

25.7 Licensee not to remove material

(a) The Licensee shall not mine, remove, extract, dig up or excavate any sand, stone, gravel, clay, loam, shell or similar substance from, on or in the Premises or permit any other person to undertake such action without the prior consent in writing of the Licensor and the Minister and subject to such conditions as the Licensor or the Minister may determine.

(b) Sub-clause 25.7(a) does not apply to any removal, digging up or excavation as may be necessary to construct or undertake any Improvement authorised by or under this Licence provided that any such removal, digging up or excavation is undertaken in accordance with the requirements of that authorisation.

(c) A failure by the Licensee to comply with any condition imposed pursuant to sub-clause 25.7(a) constitutes a failure by the Licensee to comply with a provision or covenant of this Licence.

25.8 Licensee not to burn off

The Licensee shall not carry out any burning off on the Premises except with the prior consent of the Licensor in writing, which consent shall not be unreasonably withheld, and after compliance with the requirements of the Rural Fires Act 1997. Any consent granted in accordance with this clause shall be subject to such reasonable conditions as the Licensor may impose.

25.9 Rodents and Vermin

The Licensee shall take all reasonable precautions to keep the Premises free of rodents, vermin, insects and pests and shall in the event of failing to do so if required by the Licensor employ from time to time a duly certified pest exterminator at cost of the Licensee and as approved by the Licensor whose approval will not be unreasonably withheld. In performing its obligations pursuant to this clause the Licensee and any one acting on the Licensee's behalf shall not use any substance or undertake any activity prohibited by any legislation.

26 ADVERTISING

(a) The Licensee shall not permit to be displayed or placed on the Premises or any part of them any sign, advertisement or other notice without first obtaining the Licensor's written consent other than safety signs, in respect of which the Licensor's consent shall not be required; and

(b) The Licensor may at any time by notice in writing require the Licensee to discontinue to use any piece or mode of advertising to which the Licensor has granted consent under sub-clause 26(a) which in the opinion of the Licensor has ceased to be suitable or has become unsightly or objectionable and the Licensee on receipt of the notice shall comply accordingly.

27 NOTIFICATION OF ACCIDENT

The Licensee shall give to the Licensor prompt notice in writing of any serious accident or serious defect at or in the Premises or any part of them unless the defect or accident is capable of being and is promptly remedied by the Licensee.

28 LICENSEE NOT TO COMMIT NUISANCE ETC

The Licensee shall not:

(a) carry on or permit to be carried on at the Premises any noxious, nuisance or offensive trade or business; or

(b) carry on or permit to be carried on at the Premises any act, matter or thing which results in nuisance damage or disturbance to the Licensor or owners or occupiers of adjoining or neighbouring lands or buildings; or

29 HAZARDOUS SUBSTANCES

The Licensee shall not keep any Hazardous Substance on the Premises without prior consent of the Licensor, which consent shall not be unreasonably withheld.

30 RELICS

(a) Unless authorised to do so by a permit under section 87 or a consent under section 90 of the National Parks and Wildlife Act 1974 and subject to observance and compliance with any conditions imposed on the grant of such permit or consent the Licensee shall not knowingly disturb, destroy, deface or damage any aboriginal relic or place or other item of archaeological significance within the Premises and shall take every reasonable precaution in drilling excavating or carrying out other operations or works in the Premises against any such disturbance, destruction, defacement or damage.

(b) If the Licensee becomes aware of any aboriginal relic or place or other item of archaeological significance within the Premises the Licensee shall within 24 hours notify the Licensor and the Director-General of the Department of Environment and Conservation of the existence of such relic place or item.

(c) The Licensee shall not continue any operations or works on the Premises likely to interfere with or disturb any relic, place or item referred to in sub- clause 30(b) without the approval of the Director-General of the Department of Environment and Conservation and the Licensee shall observe and comply with all reasonable requirements of the said Director-General in relation to carrying out the operations or works.

31 ARTEFACTS

All fossils, artefacts, coins, articles of value, articles of antiquity, structure and other remains or things of geological historical or archaeological interest discovered on or under the surface of the Premises shall be deemed to be the absolute property of the Licensor and the Licensee shall as authorised by the Licensor watch or examine any excavations and the Licensee shall take all reasonable precautions to prevent such articles or things being removed or damaged and shall as soon as practicable after discovery thereof notify the Licensor of such discovery and carry out the Licensor's orders as to the delivery up to or disposal of such articles or things at the Licensor's expense.

32 OWNERSHIP AND REMOVAL OF TENANT FIXTURES AND IMPROVEMENTS

(a) During the Term of Agreement and any extension of it, ownership of Improvements and Tenant Fixtures vests in the Licensee. Notwithstanding anything contained in this Licence, the Licensee shall be entitled to remove any of the Improvements and Tenant Fixtures or fittings from the Premises.

(b) Upon expiry of the Licence all Improvements and Tenant Fixtures remain the property of the Licensee.

33 GENERAL REQUIREMENT TO REPAIR

Without prejudice to the specific obligations contained in this Licence the Licensee shall to the satisfaction of the Licensor at all times keep the Premises in good repair and properly maintained in all respects.

34 BREAKAGES

The Licensee shall immediately at the Licensee's expense make good any breakage defect or damage to the Premises (including but not limited to broken glass) or to any adjoining premises or to any facility or appurtenance of the Licensor occasioned by want of care, misuse or abuse on the part of the Licensee or the Licensor's other Licensees occupants occupiers or other persons claiming through or under the Licensee or otherwise occasioned by any breach or default of the Licensee hereunder.

35 INDEMNITIES AND INSURANCE

35.1 Indemnity for use of Premises

(a) The Licensee shall indemnify and keep indemnified the Licensor from and against all actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs, legal costs, charges and expenses whatsoever to which the Licensor shall or may be or become liable for or in respect of the Licensee’s occupation operation and use of the Premises or for or in respect of all losses, damages, accidents or injuries of whatsoever nature or kind and howsoever sustained or occasioned (and whether to any property or to any person or resulting in the destruction of any property or the death of any person or not) at or upon the Premises or originating on the Premises although occurring or sustained outside the same except to the extent that any such claims and demands:

(i) arise from or are contributed to by the negligence or wilful act or omission on the part of the Licensor; or

(ii) arise from the occupation, operation or use of the Premises by any other occupier, or the acts of any person who has access to the Premises with the consent of another occupier, and the Licensor is adequately indemnified by that other occupier in respect of the relevant claim or demand, and the Licensor shall use its reasonable endeavours to ensure that an indemnity in this form is contained in any agreement with any other occupier of the Premises.

35.2 Indemnity Continues After Expiration of Licence

The obligations of the Licensee under this clause continue after the expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination for the period limited by the Statute of Limitations.

35.3 Exclusion of Consequential Loss

Despite any other provision of this Licence, both Parties exclude, and agree that they shall have no rights against the other for liability for consequential or indirect loss arising out of this Licence including (without limitation) in respect of loss of profits or loss of business. This clause does not apply in respect of wilful acts by either Party.

36 INSURANCE - PUBLIC RISK

The Licensee shall effect and maintain with a reputable and solvent insurer with respect to the Premises and the activities carried on in the Premises public risk insurance for an amount not less than the amount set out in Column 2 of Item 12, of Schedule 1 or such other amount as the Licensor may from time to time reasonably require as the amount payable in respect of liability arising out of any one single accident or event. The Licensor acknowledges that the Licensee may effect the public risk insurance pursuant to an insurance policy which is not specific as to the location of risk.

37 PROVISIONS RE POLICIES

(a) All insurance policies required to be effected by the Licensee pursuant to this Licence are specified in Schedule 2, Special Conditions and shall be in place prior to the Licensee occupying the Premises.

(b) The Licensee shall produce to the Licensor, once per calendar year or once per period of insurance (whichever first occurs), a certificate of insurance and/or a certificate of currency in respect of the insurance policies required to be effected by the Licensee pursuant to this Licence.

(c) The Licensee shall not at any time during the Term of Agreement do or bring upon the Premises anything which it ought reasonably believe may render void or voidable any policy of insurance. If the Licensee brings anything onto the Premises whereby the rate of premium on such insurance is liable to be increased, the Licensee shall obtain insurance cover for such increased risk and pay all additional premiums on the Premises required on account of the additional risk caused by the use to which the Premises are put by the Licensee.

(d) The Licensee shall use all reasonable endeavours to ensure that full, true and particular information is given to the office or company with which the said insurances are effected of all matters and things the non-disclosure of which might in any way prejudice or affect any such policy or policies of insurance or the payment of all or any moneys there under.

38 INDEMNITY FOR NON-COMPLIANCE WITH LEGISLATION

The Licensee shall indemnify and keep indemnified the Licensor from and against any and all actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs, legal costs, charges and expenses whatsoever arising from the non-compliance by the Licensee with any New South Wales or Commonwealth legislation that may apply to the Licensee’s use and occupation of the site and access thereto and the Licensee’s operation of their business from the site and access thereto.

This clause shall not merge on the expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination.

39 INDEMNITY FOR BREACH OF ENVIRONMENTAL LAW

Without prejudice to any other indemnity granted by this Licence, the Licensee shall indemnify and keep the Licensor indemnified against all claims whatsoever arising from a breach by the Licensee of any Environmental Law which breach is in relation to the Premises. This clause shall not merge on expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination.

40 NO LIABILITY FOR FAILURE OF SERVICES

The Licensor shall not be under any liability for any loss, injury or damage sustained by the Licensee or any other person at any time as a result of or arising in any way out of the failure of the electricity, telephones, gas, water supply, sewerage, drainage or any other services or facilities provided by the Licensor or enjoyed by the Licensee in conjunction with the Premises or this Licence provided that such failure is not due to the negligent or wilful act or omission of the Licensor its servants or agents.

41 LICENSEE NOT TO IMPOSE LIABILITY ON LICENSOR

Subject to any other provision of this Licence, the Licensee shall not without the written consent of the Licensor by any act, matter or deed or by failure or omission cause or permit to be imposed on the Licensor any liability of the Licensee under or by virtue of this Licence even though the Licensee is entitled to do so under any law present or future or otherwise.

42 RELEASE OF LICENSOR FROM LIABILITY

(a) The Licensee shall occupy, use and keep the Premises at the risk of the Licensee and hereby releases to the full extent permitted by law the Licensor from all claims and demands of every kind resulting from any accident, damage or injury occurring therein but excluding such claims and demands to the extent that such claims and demands arise out of the negligent or wilful acts omissions or default of the Licensor and the Licensor shall have no responsibility or liability for any loss of or damage to fixtures and/or personal property of the Licensee or any agent or servant of the Licensee or of any member of the public whilst in or upon the Premises but excluding such loss or damage claims and demands to the extent that such loss or damage, claims and demands arise out of the negligent acts or wilful omissions or default of the Licensor.

(b) The obligations of the Licensee under this clause shall continue after the expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination for which the Licensee is responsible. Such obligation is to be governed by the Statute of Limitations.

43 LICENSOR’S WARRANTIES AND COVENANTS

43.1 Hazardous Chemicals

The Licensor warrants that it has not received any notice pursuant to the Environmentally Hazardous Chemical Act, 1985 (NSW).

44 LICENSOR'S POWERS AND FUNCTIONS

44.1 Approval by Licensor

(a) In any case where pursuant to this Licence the doing or executing of any act, matter or thing by the Licensee is dependent upon the approval or consent of the Licensor such approval or consent shall not be effective unless given in writing and may be given or withheld (unless the context otherwise requires) by the Licensor and may be given subject to such conditions as the Licensor may determine unless otherwise provided in this Licence provided such consent or approval is not unreasonably withheld or such terms and conditions are not unreasonable.

(b) Any failure by the Licensee to comply with a condition imposed by the Licensor pursuant to sub-clause 44.1(a) constitutes a failure by the Licensee to comply with a condition of this Licence.

45 APPLICATION OF CERTAIN STATE AND COMMONWEALTH LAWS

45.1 Proportionate Liability

Part 4 of the Civil Liability Act 2002 (NSW) does not apply to this Licence.

45.2 Licensee to Comply with all Commonwealth and NSW State Laws

(a) The Licensee shall comply with the requirements of all Statutes, regulations or by-laws and requirements of all relevant public and local authorities in so far as they apply in relation to the use and occupation of the Premises to the extent to which the Licensee is bound at law to comply with the same and nothing in this Licence affects this obligation.

(b) The Licensee shall forthwith on being served with a notice by the Licensor comply with any notice or direction served on the Licensor by a competent authority relating to the destruction of noxious animals or plants or pests or the carrying out of repairs alterations or works on or to the Premises.

45.3 Licensee to Comply with Environmental Laws

In relation to its use of the Premises, the Licensee shall, during the Term of Agreement, and in relation to the Premises:

(a) comply with relevant Environmental Law;

(b) use its best endeavours to prevent a breach of any Environmental Law;

(d) provide to the Licensor as soon as reasonably practicable details of notices received by or proceedings commenced against the Licensee pursuant to an Environmental Law:

(i) relating to a breach or alleged breach by the Licensee of an Environmental Law; or

(ii) requiring the Licensee to carry out works to decrease the affectation of the Premises by any Hazardous Substance.

45.4 Licensee’s Failure to Comply with Statutory Requirements

Where the Licensee breaches any law in relation to its use of the Premises it is taken to breach a condition of the Licence, provided that:

(a) the Licensee has been found guilty of the breach, and

(b) the Licensor determines that the breach warrants the termination of the Licence.

46 NOTICES

46.1 Service of Notice on Licensee

Any notice served by the Licensor on the Licensee must be in writing and shall be sufficiently served if:

(a) served personally or left addressed to the Licensee at the address stated in Column 2 of Item 10, of Schedule 1 or such other address as the Licensee notifies in writing to the Licensor; or

(b) sent by email to the Licensee’s email address stated in Column 2 of Item 10, of Schedule 1 or such other address as the Licensee notifies in writing to the Licensor;

(c) sent by facsimile to the Licensee’s facsimile number stated in Column 2 of Item 10, of Schedule 1 or such other number as the Licensee notifies in writing to the Licensor; or

(d) forwarded by prepaid security mail addressed to the Licensee at the address stated in Column 2 of Item 10, of Schedule 1;

and every such notice must also be served on the Licensee’s solicitors as they may be nominated from time to time, or such other address or facsimile number as the Licensee’s solicitors notify in writing to the Licensor, by any methods identified in subclauses 46.1 (a), (b) and (c).

46.2 Service of Notice on Licensor

Any notice served by the Licensee on the Licensor must be in writing and shall be sufficiently served if:

(a) served personally or left addressed to the Licensor at the address stated in Column 2 of Item 11, of Schedule 1 or such other address as the Licensor notifies in writing to the Licensee; or

(b) sent by email to the Licensor’s email address stated in Column 2 of Item 11, of Schedule 1 or such other address as the Licensor notifies in writing to the Licensee;

(c) sent by facsimile to the Licensor’s facsimile number stated in Column 2 of Item 11, of Schedule 1 or such other number as the Licensor notifies in writing to the Licensee; or

(d) forwarded by prepaid security mail addressed to the Licensor at the address stated in Column 2 of Item 11, of Schedule 1

and every such notice must also be served on the Licensor’s solicitors, as they may be nominated from time to time, or such other address or facsimile number as the Licensor’s solicitors notify in writing to the Licensee, by any methods identified in subclauses 46.2 (a), (b) and (c).

46.3 Notices

(a) Any notice served by the Licensor or the Licensee under this Licence shall be effective if signed by a director or secretary or the solicitors for the Party giving the notice or any other person or persons nominated in writing from time to time respectively by the Licensor or by the Licensee to the other.

(b) Any notice sent by prepaid security mail shall be deemed to be served at the expiration of 2 Business Days after the date of posting.

(c) Any notice sent by facsimile machine shall be deemed to be served on the first Business Day after the date of transmission (provided that the sending Party receives a facsimile machine verification report indicating that the notice has been transmitted).

47 PROCEDURE - DISPUTE RESOLUTION

(a) In the event that the Licensor and the Licensee are in dispute regarding any matter relating to or arising under this Licence or in respect of any approvals or consents to be granted by the Licensor (except those approvals or consents where the Licensor has an obligation to act reasonably) to the Licensee hereunder or where it is acting in its statutory capacity, then either the Licensor or the Licensee may give notice and particulars of such dispute to the other Party.

(b) Where a notice of dispute is served pursuant to this clause the Parties agree to enter into informal negotiations to try and resolve the dispute in good faith and in an amicable manner.

(c) If the dispute is not resolved informally within 21 days of service of written notification, the Parties may confer with a mutually agreed third party whose role will be to assist in the resolution of the dispute by mediation or expert appraisal of the dispute. The Parties agree to provide all information and assistance reasonably requested by such third party, including access to any accounting or other business records relating to or arising out of the Licence.

(d) A third party appointed in accordance with this clause may decide in which proportions any fees will be borne by the respective Parties. In the absence of any such decision by the third party fees shall be borne equally by the Parties.

(e) Neither Party shall be entitled to commence or maintain any proceedings in any court or tribunal until negotiations or mediations have taken place pursuant to this clause except where either Party seeks urgent interlocutory relief.

(f) Either Party may at any time bring negotiations or mediation to an end by serving upon the other Party written notice stating that the dispute has failed to be resolved. Upon service of such notice both Parties shall be entitled to pursue any legal remedies available to them in relation to the dispute. This sub-clause does not in any way limit a mediator's power to apportion fees under sub-clause 47(d).

(g) Notwithstanding the existence of a dispute under this or any other clause of this Licence the Parties must, unless acting in accordance with an express provision of this Licence, continue to perform their obligations under this Licence.

MISCELLANEOUS

48 NO MORATORIUM

Any present or future legislation which operates to vary obligations between the Licensee and the Licensor, except to the extent that such legislation is expressly accepted to apply to this Licence or that its exclusion is prohibited, is excluded from this Licence.

49 NO WAIVER

No waiver by a Party of any breach of any covenant obligation or provision in this Licence either express or implied shall operate as a waiver of another breach of the same or of any other covenant obligation or provision in this Licence contained or implied. None of the provisions of this Licence shall be taken either at law or in equity to have been varied waived discharged or released by a Party unless by express consent in writing.

50 NO MERGER

Nothing in this Licence merges, postpones, extinguishes lessens or otherwise prejudicially affects the rights and remedies of the Parties under this Licence or under any other agreement.

51 COUNTERPARTS

(a) A Party may execute this Licence by signing any counterpart.

(b) All counterparts constitute one document when taken together.

52 CONTACT PERSON

The Licensor and the Licensee each must nominate a person to contact about matters arising under this Licence. The person so nominated is the person referred to in Column 2 of Items 13 and 14, of Schedule 1 or such other person as the Licensor nominates in writing to the Licensee and the Licensee nominates in writing to the Licensor from time to time.

53 APPLICABLE LAW

This Licence shall be construed and interpreted in accordance with the law of New South Wales.

54 NO HOLDING OUT

The Licensee shall not in connection with the Premises or otherwise directly or indirectly hold out or not permit to be held out to any member of the public any statement, act, deed, matter or thing indicating that the Premises or the business conducted or operated thereon or any parts or parts thereof are or is being carried on or managed or supervised by the Licensor nor shall the Licensee act as or represent itself to be the servant or agent of the Licensor.

55 WHOLE AGREEMENT

(a) The provisions contained in this Licence expressly or by statutory implication cover and comprise the whole of the agreement between the Parties.

(b) No further or other provisions whether in respect of the Premises or otherwise shall be deemed to be implied in this Licence or to arise between the Parties hereto by way of collateral or other agreement by reason or any promise representation warranty or undertaking given or made by any Party hereto to another on or prior to the execution of this Licence.

56 SPECIAL CONDITIONS

The Special Conditions set out in Schedule 2 apply and form part of this Licence.

SCHEDULE 1

Item	Clause	Column 1	Column 2
1	2	Licensor	Nambucca Heads (R88941) Public Recreation Reserve Trust
2	2	Licensee	Dennien Superannuation Custodian Pty Ltd
3	2	Market Rent Value	[INSERT $xx pa]
4	2	Rent Rebate Value	Nil
5	2	Initial Rent (to be paid by Licencee)	[INSERT $xx pa]
6	2	Due Date	2 April 2014 and each anniversary of this date in each year of the Term of Agreement
7	14.4	Annual Rental Adjustment	CPI adjustments every 12 months from commencement excluding Market Rent Review years and annually there after
8	14.5	Market Rent Review Date	3 years from Commencement Date of Licence and every 3 years thereafter
9	24	Address for Payment of Rent OR [OPTIONAL] Direct Debit & Electronic Funds Transfer details for payment of rent	c/- Nambucca Shire Council PO Box 177, Macksville NSW 2447 Name of financial institution: National Australia Bank BSB: 082-684 Acc no: 03592-6305 Account in name of: Nambucca Shire Council General Account
10	46.1	Licensee’s address for Service of Notices	c/- Nambucca Beach Holiday Park 26 Swimming Creek Road, Nambucca Heads NSW 2448 Attention: Mr Barry Dennien Phone: [Insert Phone No] Facsimile: [Insert Facsimile No] Email: [Insert Email address]
11	46.2	Licensor’s address for Service of Notices	c/- Nambucca Shire Council 44 Princess Street, Macksville NSW 2447 Attention: General Manager Phone: 02 6568 2555 Facsimile: 02 6568 2201 Email: council@nambucca.nsw.gov.au
12	36	Public Risk Insurance amount	$20 Million
13	52	Licensor’s Contact Person	Mr Wayne Lowe Property Officer
14	52	Licensee’s Contact Person	Mr Barry Dennien Director
15	6	Permitted Use	Removal of Holiday Park Encroachments
16	7	Commencement Date	2 April 2014
17	7	Expiry Date	1 April 2019
18	2	Term of Agreement	Five (5) years
19	5	Essential Conditions of Licence	Clauses 6.2, 6.3, 8, 14, 33, 36, 37, 38, 45.2, 45.3, 45.4, 56.1, 56.2, 56.3, 56.4, 56.5, 56.7 and 56.9
20	25.2	Entry by the public	N/A

End of Schedule 1

Schedule 2 Special Conditions

Operation of Premises

56.1 The Licensee shall use all reasonable endeavours to ensure that the Premises is operated in a reputable manner and in accordance with sound business methods and any operating approvals granted by Nambucca Shire Council

56.2 For the purposes of this Licence an Encroachment is defined as any building, mobile home, caravan, shed, awning, associated structures and garden or like structure extending onto or entirely upon the Premises which was not constructed or established by the Licensor or the Minister.

56.3 The Licensee shall not permit the Encroachments on the Premises to be used other than by the bone fide permanent residence of the owners:

(a) Whose Encroachment is wholly or partly on the Premises, and;

(b) Who were bona fide permanent residents of the Encroachment/s as at the commencement of the Licence.

56.4 The Licensee shall not, and shall not permit, the erection of any building, or the alteration, improvement or extension of any existing building, or the siting or extension of further Encroachments on the Premises.

56.5 Should the Licensee become aware of further Encroachments within the Premises the Licensee shall be responsible for and shall take immediate action to remedy the Encroachment.

56.6 The Licensee expressly agrees that the Licensee shall not and shall not permit the construction, erection or effect any building structure or work which encroaches onto the Crown reserve adjoining the Premises.

56.7 The Licensee shall maintain the boundary fence of the Premises at the Licensees expense in a proper and workmanlike manner.

56.8 The Licensee shall notify the Licensor and the Minister in writing immediately upon exchange of contracts for sale of associated freehold land, being Lot 162 DP 7555560.

Licensee to pay Costs of Licensor

56.9 The Licensee shall pay in full the Licensor's legal costs the fees of all consultants and all duties fees charges and expenses incurred by the Licensor in consequence of or in connection with or incidental to:

(a) preparation and approval of any Survey Plan together with all Development Application and Subdivision Certificate and Plan registration;

(b) any variation to this Licensee made otherwise than at the request of the Licensor;

(d) any failure to comply with any breach or default by the Licensee under this Licence; and

(e) the exercise or attempted exercise of any right power privilege authority or remedy of the Licensor under or by virtue of this Licence.

Removal of Encroachments

56.10 Should the Licensee achieve the removal of any Encroachments from the Premises during the term, and the removal works are to the satisfaction of the Licensor, the Licensee may request a review of the rent and the Licensor may consider the request.

56.11 In determining the quantum of any rent reduction, the Licensor shall have regard to that proportion of land which is returned to public use and apply this amount to the current rental.

Aboriginal Land Claims

56.12 The Licensee and the Licensor acknowledge that Lot 7003 DP 1113130 and Lot 7001 DP 1117183 are the subject of existing Land Claims under the Aboriginal Land Rights Act 1983, and that this Licence may be amended or terminated upon determination of the claim by the Minister.

Easement for Pipeline

56.13 The Licensee and the Licensor acknowledge that Lot 7003 DP 1113130 is subject to an easement for pipeline, under control of Nambucca Shire Council, and that this Licence may be amended upon direction from Council to the Licensee to remove the Encroachments affecting this easement. Removal of Encroachments will be at the cost of the Licensee.

End of Schedule 2

Dated this day of , 2015

THE COMMON SEAL of Dennien Superannuation Custodian Pty Ltd was affixed in the presence of:

THE COMMON SEAL of Nambucca Shire Council as Corporate manager of Nambucca Heads (R88941) Public Recreation Reserve Trust was affixed pursuant to a resolution passed the [Insert Day] day of [Insert Month], 2015

in the presence of

Signature

Print Name

Office Held

First Signatory

Print Name

Office Held

SIGNED BY THE LICENSEE in the presence of

Signature of Witness

Print Name

Print Address of Witness

Second Signatory

Print Name

Office Held

Ministerial Consent*

Under authority of Section 102 of the Crown Lands Act 1989.

Dated this day of , 2015

SIGNED by ………………………………………………….....................…under delegation

Print Name of delegate

Print Position of Delegate

PREMISES APPENDIX

THIS IS A PREMISES APPENDIX REFERRED TO AND DEFINED IN THE LICENCE AGREEMENT BETWEEN THE NAMBUCCA HEADS (R88941) PUBLIC RECREATION RESERVE TRUST AND DENNIEN SUPERANNUATION CUSTODIAN PTY LTD IN ACCORDANCE WITH THE PROVISIONS OF CROWN LANDS ACT 1989 FOR THE PERMITTED USE REMOVAL OF HOLIDAY PARK ENCROACHMENTS, THIS PREMISES APPENDIX VARIES AND FORMS PART OF THE LICENCE AND ITS TERMS ARE INCORPORATED IN THEIR ENTIRETY INTO THE LICENCE

Descriptions of Land

Reserve Number	Part Reserve 88941
Lot & Deposited Plan	Part Lot 7003 DP 1113130 and part Lot 7001 DP 1117183
Parish	Nambucca
County	Raleigh
Locality	Nambucca Heads
Street Address	26 Swimming Creek Road, Nambucca Heads NSW 2448
Licence Area	2401 square metres
Plan of Licence area	Licence area shown by red edging on the attached plan and marked as “A”
Third Party Exclusive Area	Dwelling, sheds and gardens identified as encroaching onto the Licence area as shown on the attached plan marked as “A”
Enclosed Area	Enclosed area shown by red edging on the attached plan and marked as “A”

Ordinary Council Meeting - 28 May 2015

Cycleway Plan Review

1 FORWARD

1.1 Introduction

In 1995 Council adopted a strategic plan for the development of cycleways in the Nambucca Shire. In 2010, a revised plan updated the recommendations in the light of the achievements to date and current standards and practices. The draft plan, however, was not formally adopted by Council and remained in draft form until the present day. Given that five years have elapsed since the draft was developed, Council staff recommended that a review of the plan be conducted and public submissions sought, with a view to Council formally adopting a new plan in the near future.

The area has a variety of landscape both urban and rural, flat and hilly countryside and many scenic values. The plan sets out priorities for the provision of facilities based on current standards while recognising the constraints imposed by topography, existing infrastructure and the availability of funding.

Council is committed to providing a safe, convenient and attractive cycleway and associated facilities for permanent residents and visitors. The Community Facilities and Public Open Space Strategy 2015 identified the need for strengthen open space connections within the Shire area, including the opportunities for and feasibility of a formalised train connection between Macksville and Scotts Head.

The long term intention is to culminate with a plan which provides the basis for providing cycleway links within the townships of Macksville Nambucca Heads, Bowraville, Scotts Head and Valla Beach. In this regard the plan takes into consideration the NSW Coastline Cycleway Study commissioned by the RTA. This study has reported on the provision of a continuous cycleway through the Shire and the adjoining Local Government areas of Bellingen and Kempsey Shires.

The imminent development of the new Pacific Highway throughout the Shires of Kempsey, Nambucca, Bellingen and Coffs Harbour will create new opportunities for safer cycling routes for residents, and could lead to economic development by attracting new cycling tourists.

1.2 Aims of the Cycleway Plan

The aim of the Plan is to provide a cycleway network within and linking the urban areas of Macksville, Nambucca Heads, Bowraville, Scotts Head and Valla Beach. The principal section is the link between Macksville and Nambucca Heads which will form part of a possible future regional cycleway along the East Coast.

1.3 Objectives

The key objectives of the Nambucca Cycleway Plan are to:

· form defined links between schools, business centres, recreation areas, residential areas and towns;

· provide cycleway routes which enable safe, convenient and enjoyable cycling for residents and visitors, within both urban and rural areas;

· raise community awareness about the benefits of cycling for both human and environmental health;

· improve safety for bicycle riders;

· provide a range of facilities to support cycling both as a transport and recreational activity;

· identify suitable requirements for the introduction of bicycle routes in new residential release areas;

· produce a Cycleway Map for distribution to schools, tourist facilities, seniors groups, clubs and the general community;

· provide cycleway information including the Cycleway Map on Council’s website;

· identify facilities to be provided at connection points with other transport modes.

· Consider new economic development opportunities by attracting cycle tourists once the new Pacific Highway is in place.

· establish a priority list of bicycle links within the Nambucca Valley;

· determine implementation costs for each Cycleway Plan stage and

· meet appropriate engineering standards for cycling in accordance with AUSTROADS Part 14 Guide to Traffic Engineering Practice, Bicycles.

2 STRATEGIES

2.1 Engineering Strategy

The plan will establish a system for safe and convenient cycleways to service residential areas as well as links with each of the towns within the study area and regional links within and beyond the study area.

The plan identifies the preferred type of cycleway, bearing in mind practical constraints such as topography and construction costs.

The cycleway routes have been designed to take advantage of existing road reserves in urban areas, rural roads between each of the towns and other routes such as riverside, recreational areas and public reserves.

An important objective is the provision of secure bicycle parking facilities at the various points of connection with transport modes and community meeting points such as schools and commercial centres.

2.2 Education Strategy

The main aims of an education program are to:

· educate motorists to recognise and respect the cyclist as a legitimate road user;

· create a safer on-road environment by encouraging correct behaviour by all cyclists;

· instruct cyclists in legal, safe and responsible riding practices; and

· educate town planners, engineers and other local and State government staff to consider the bicycle in the design of new works and development/reconstruction work.

Studies have shown that many bicycle accidents occur due to the unpredictable nature of cyclists. Young cyclists must be aware of and respect road rules. Motorists are also responsible for the safety of cyclists and must respect the rights of cyclists as legitimate road users.

The bicycle has been the forgotten mode of transport for many planners and engineers with there being little or no provision for the cyclists in the existing transport infrastructure. Engineers and planners need to be aware of the cyclist so bicycle facilities can be incorporated into future developments.

An educational program can be achieved by providing suitable literature, posters and maps concerning safety issues that are to be directed towards the schools and public meeting places which will increase the visibility and safety of cyclists and through the organisation of cycle events promoted by Council and bicycle user groups within the Shire.

2.3 Cycleway Promotion

The plan is to publicise the attributes and benefits of cycling and to create public and government awareness of the cyclists needs. Suitable activities are:

· specific promotional events to publicise opening of a new section of the cycleway.

· working with interested groups to promote day rides around Nambucca.

· undertaking cycleway promotional activities in conjunction with NSW Bike Week.

· featured cycling for Active Australia Day.

· include a cycleway section on Council’s website including local events, cycleway map and links to cycle related info eg regional cycleways.

· media releases

These and other promotional activities will be limited by the availability of funds.

3 BICYCLE PLANNING

3.1 Introduction

Cycling is becoming an ever increasing form of transport in the Nambucca Valley. This is evidenced by the existence of a bicycle user group for activities and advocacy. It has also been noted that there has been an increase in requests from the community for the provision of cycling facilities including bike parking racks in business centres.

Cycleways are an ideal facility for people with mobility issues. Being accessible for wheel chairs and electric scooters, cycleways reduce the need for those using these modes of transport to use roads, thus minimising exposure to high risk environments.

3.2 Design of the Cycleway

The good design of a cycleway will ensure its continual use by the community and encourage cycling as a viable transport option. There are a number of factors that affect the design of cycleway networks, including topography, scenic appeal, route, directness and safety. Bicycle facilities are to be designed and constructed in accordance with Austroads Guide to Traffic Engineering Practice, Part 14 Bicycles (1999), or any subsequent relevant standard. However, it must be recognised that existing infrastructure and topography may at times preclude the construction of a cycleway in accordance with all the recommendations of those guidelines.

Topography is an important factor for cyclists, with the grade determining the route many cyclists ride. The acceptable grade for cycle paths for any distance is 3% with the acceptable distance drastically decreasing as the grade increases to a maximum of 10%. Where possible the cycleway routes will try to avoid steep gradients and where necessary the paths will traverse the hills. In Nambucca Heads this has led to boardwalks being built to cycleway standards.

Scenic appeal is important in the design of off-road paths with the proposed cycleway routes following the coastline, the rivers or parklands as much as possible. Protection and where necessary rehabilitation of vegetation along the cycleway route during and after construction and during maintenance is vital to ensure amenity and habitat features are maintained along the cycleway route.

Directness is an essential factor for a well used cycle way with the distance between attractions being a major factor in deciding whether the bicycle is used for the journey. If the route is indirect then cyclists will explore alternative routes, even if they are not as safe or scenic. The ease of using a cycleway route also applies to the directness with the pathways having to be well defined by either on-road markings or signage at all intersections.

Safety is a crucial element in any bicycle path. Some of the hazards that should be considered when developing any cycleway route are:

§ deterioration of the road shoulder forcing cyclists onto the mainstream traffic lanes.

§ high relative speeds between the traffic and the cyclist.

§ parked traffic - opening doors, cars reversing.

§ irregular surfaces, potholes, dropped service pits.

§ drop off between the road and the kerb and guttering when the road is resurfaced.

§ overgrowth of vegetation onto pathways.

§ badly placed concrete resulting in a bumpy ride.

§ debris on the track.

§ pedestrians walking in the centre of the path, not observing for cyclists.

§ cars parked illegally blocking access to the paths.

§ Local Area Traffic Management Schemes such as roundabouts and speed humps. These, wherever possible, shall incorporate bicycle movement as recommended in Part 14 of the Austroads Standards wherever possible.

Many of the above hazards can be avoided by the proper design, construction and maintenance of the cycleway.

3.3 On Road Paths

The types of on–road paths for cycleways include:

3.3.1 Exclusive Bike Lanes

Exclusive Bike Lanes provide a separate lane for cyclists, preferably in the direction of the flow of the traffic. These are lanes created by pavement marking and signs. Motor traffic is prohibited by regulation from travelling or parking in these lanes. An exclusive bicycle lane may be appropriate where the road is carrying more than 3000 vehicles per day or a high percentage of heavy vehicles or where bicycle traffic is concentrated eg schools.

3.3.2 Sign Posted Routes using pavement symbols

These are routes where it is not physically possible or there is a lack of demand to construct a separate path or lane. The route is defined at all intersections with guide signs bike logos and by coloured road pavement to highlight the continuation of a route across an intersection.

3.3.3 Sealed Road Shoulders

An edge line is marked between the shoulder and the traffic lane and pavement symbols may be painted on the shoulder to warn motorists of the likely presence of cyclists and to suggest to cyclists to use the shoulder.

3.3.4 Car parking/Bike Lanes

Such a lane is necessary when there is a lot of existing car parking on the proposed routes. The lane is wide enough to accommodate parked cars and cyclists with there being enough room for cyclists to avoid obstacles such as opening doors without having to swerve into the traffic lanes. These lanes are most appropriate where the street is wide, there is a demand for parking and where road space allows parking throughout the day.

3.4 Off-Road Paths

The types of off–road paths for cycleways include:

3.4.1 Shared paths

Shared paths allow for use of the pathway by pedestrians, cyclists and other users such as skateboarders. Nearly all off road paths will be of this type.

3.4.2 Exclusive use paths

Exclusive use paths allow for use by cyclists only.

3.4.3 Separated paths

These are where cyclists and pedestrians are required to use separate designated areas of the path. These are not common as they are generally justified only where there are large numbers of pedestrians and cyclists desiring to use the path (Part 14 Austroads Standards).

3.5 Maintenance of the Cycleway Network

Regular maintenance is fundamental to ensuring a safe and successful cycleway. An annual budget is required to ensure adequate regular maintenance of the cycleway network. Off-road paths require higher maintenance to prevent the deterioration of the pathway which could lead to the path becoming a danger to cyclists and even become unusable.

The maintenance is to include regular sweeping of off-road paths, repainting of bicycle logos, surface damage to be immediately repaired and vegetation to be prevented from overgrowing the pathways or becoming an obstacle for cyclists.

3.6 Bicycle Parking Facilities

Bicycle parking facilities are an integral component of any cycleway plan. Part 14 of the Austroads Standards recommends the use of 50mm diameter tubing fabricated into an inverted "U" shape that is capable of securing both of the wheels and the frame.

A number of bicycle parking facilities have been installed throughout the Shire, including the Visitor Information Centre, Council offices and the Nambucca Heads and Macksville Libraries. Racks are recommended at the following locations:

· Tourist Office, Nambucca Heads

· River Street Foreshore at the end of Princess Street, Macksville

3.7 Funding Options

The provision of cycleways is unlikely without funding assistance from external sources ie government departments, community groups, sporting groups and Developer Contributions. This document forms the basis for future funding applications by Council.

1

Ordinary Council Meeting - 28 May 2015

Fit For the Future Submission Update

FitForFuture

Template 2

Council Improvement Proposal

(Existing structure)

Getting started . . .

Before you commence this template, please check the following:

· You have chosen the correct template – only councils that have sufficient scale and capacity and who do not intend to merge or become a Rural Council should complete this template (Template 2)

· You have obtained a copy of the guidance material for Template 2 and instructions for completing each question

· You have completed the self-assessment of your current performance, using the tool provided

· You have completed any supporting material and prepared attachments for your Proposal as PDF documents. Please limit the number of attachments and ensure they are directly relevant to your proposal. Specific references to the relevant page and/or paragraph in the attachments should also be included.

· Your Proposal has been endorsed by a resolution of your Council.

Text Box: 1 Council name:

Date of Council resolution endorsing this submission:

1.1 Executive Summary

Provide a summary (up to 500 words) of the key points of your Proposal including current performance, the issues facing your council and your planned improvement strategies and outcomes.

Nambucca Shire Council agrees with the Independent Review Panels recommendation on Scale and Capacity. This improvement proposal is according based on template two. In this proposal the current Local Government Area is retained, ongoing reforms continue to improve performance against Fit For The Future (FFTF) Benchmarks and Council improves regional collaboration through participation in a North Coast Joint Organisation.

Past performance against FFTF benchmark has Council meeting only meeting 2 from 7 indicators. This proposal demonstrates Council is on target to meet 5 of the 7 by 2020, including the key benchmarks Operating Performance Ratio and Own Source Revenue Ratio.

Nambucca is well placed to turn performance around and is already benefiting from recent key initiatives such as reviewing services levels when making asset renewal decisions ; continued improvement of assets management practices, implementing operational reforms that reduce costs in real terms. Council has also benefited from a series of special rate variation with the additional income being used to fund infrastructure renewals, typically funding a borrowing program. These programs also have benefited from LIRS interest subsidies when they have been available.

Council has current SRV approved for the period ending June 2017, modelling contained in this report forecasts contains a further series of three modest SRV’s that will in an economically sustainable position by 2020.

(198 words)

Working Notes (574 words in dot point – will need refinement)

Community expectations identified through 9 years of community satisfaction surveys.

Comparatively low overheads

Adjusting fulltime workforce to have the flexibility to respond to changing environments

Improved resistance to shocks like drought, secured long term water supply

Challenges particular to the area, high rainfall, challenging topography requiring a lot of bridges, aging population, diminishing traditional industries, large percentage of the shire not able to be rated.

Key infrastructure challenge is bridges. Review service levels, reviewed engineering practices, funded through SRV and LIRS. On top of bridges now.

Large gravel road network. Recently reviewed engineering practices and restructured the workforce accordingly Improved durability of the gravel pavement, improved utilisation of Council plant. Planned targeted maintenance as opposed to a complaints driven reactive works program.

Asset Management practices maturing, better understanding of lifecycles and associated cost and better equipped to respond according. Doing test treatments prior to major peak in renewals

Have reviewed town services operations and found efficiencies using solar powered compacting bins, GPS technology to track and plan service routes for collecting rubbish and maintaining facilities.

Outsourcing out of hours activities, contracting the operation of the pound that requires a lot of out of hours attention and is expensive to resource when paying award penalty rates.

Rationalise Council fleet

Take opportunities to review asset held on behalf of the community, Passing those asset to the Community Groups who have operated them in the past. (230 words)

Improved procurement practices – decentralised, use of standing offer arrangements. Introduction of purchasing cards.

Ongoing productivity gains from embracing new technology. Computerised forms to capture information, pavement management systems to record and prioritise defects, systematically moving away from paper records to assist in workflow, all Council business papers are handled electronically.

Future initiatives, Have commenced an internal service review, integration of Maintenance Management systems (reflect)

Sustainability – operating performance ratio, after adjusting for abnormals trending improvement and for caste to meet by 2019-2020

Own Source Revenue Ratio – trending improvement and recently met benchmark. Subject to impact of one off events such as NDDRA funding, but underlying position is sound, trending to ongoing strengthening against benchmark over time.

Building Infrastructure Renewal Ratio – trending improvement over time, influenced by increased maturity of asset management systems that more accurately define the consumption of the asset base and a series of SRV’s particularly aim at increasing investment in council assets.

Effective Infrastructure and Service Management

Infrastructure Backlog Ratio – Trending improvement, recently participated in the “apples with apples” to standardise the preparation of this ratio with the MIDROC group of Councils. Now using a risked based approach to calculate backlog that was developed through MIDROC.

Asset Maintenance Ratio – Is improving, Council acknowledges there is some work to do in accurately capturing this information and accurately forecasting future performance.

Debt Service Ratio – currently meeting bench mark, recent debts have been backed by corresponding revenue from SRV. Looking into the future Council will continue to strategically use debt to bridge funding gaps for provision of asset based services.

Efficiency -

Real Operating Expenditure Per Capita

Nambucca Shire has had very modest population growth averaging below 1% PA in recent years, so improvements in this ratio come from decreasing expenditure in real terms. This is impacted by one off programs, typically externally funded and achieving year on year decreases is difficult. The trend line when adjusted for one of programs is downwards. In absolute terms Nambucca expenditure per capita is low when compared to like Councils and the workforce is well below other like Councils. This reflects an ongoing program of reforms. Council is confortable that efficiencies are being achieved and argues the ratio is problematic in that it measures expenditure rather than efficiency.

Text Box: 1

1.2 Scale and Capacity

Does your council have the scale and capacity broadly consistent with the recommendations of the Independent Local Government Review Panel?

(ie, the Panel did not recommend your council needed to merge or become a Rural Council).

Answer Yes -

Final Report of the Independent Local Government Review Panel recommended

Council no changes to the Nambucca Local Government Area and Participation in a North Coast Joint Organisation

If No, please indicate why you are not proceeding with a voluntary merger or creation of a Rural Council as recommended by the Independent Panel and demonstrate how your council has scale and capacity (up to 500 words).

Commentary

Council has considered the Independent Local Government Review Panel’s recommendations and has agreed that Nambucca Shire Council has the scale and capacity consistent with their recommendations.

27 November 2014

Assistant General Manager Corporate Services Report

ITEM 10.1 SF2025 271114 Fit For the Future - Scale and Capacity

568/14 RESOLVED: (Ainsworth/Smyth)

That Council resolves that Nambucca Shire does have the scale and capacity broadly consistent with the recommendation of the Independent Local Government Review Panel and will prepare Council’s Fit for the Future submission on the basis of the existing Shire boundaries and membership of the proposed North Coast Joint Organisation of Councils

Council have agreed to participate in a North Coast JO with a membership as recommended by the panel

27 March 2014

ITEM 9.2 SF894 270314 "Revitalising Local Government" - Final Report of the NSW Independent Local Government Review Panel October 2013

159/14 RESOLVED: (Finlayson/Ainsworth)

That Council advise the Division of Local Government that it is broadly supportive of the recommendations of the Final Report of the NSW Independent Local Government Review Panel subject to the member councils of the North Coast Joint Organisation having input into the regional functions to be allocated to the Joint Organisation.

Letter trim 5981/2014

Nambucca Shire was part of application to participate in a Pilot North Coast JO.

25 September 2014

General Manager Report – LATE

ITEM 9.13 SF894 250914 "Fit for the Future Reforms" - Proposed Pilot North Coast Joint Organisation

466/14 RESOLVED: (Ainsworth/Finlayson)

That Council agree to participate in a pilot North Coast Joint Organisation and note its preference for the pilot Joint Organisation to have as its priority the improvement of the financial sustainability of its constituent councils.

The objectives of this pilot were detailed as

1. Regional alliance of local government water utilities at a high level focussing on service and infrastructure planning as opposed to service delivery.

2. Strategic regional and sub-regional planning framework.

3. Strategic waste management

4. Develop a framework to ensure a consistent basis to evaluate the potential for shared service provision. Review activities for the delivery of ‘back office’ services.

Can attach expression of interest if required - Extracts that are relevant to Nambucca are below. EOI Pilot Joint Organisation - North Coast - October 2014 Page 11 of 18

The member Councils of the proposed North Coast Joint Organisation have a proven track record in regard to collaborative engagement. This collaboration between the councils extends to other levels of government.

Coffs Coast Waste Services

Coffs Coast Waste Services is a regional partnership between Coffs Harbour City Council, Bellingen Shire Council, Nambucca Shire Council and Handybin Waste Services for the collection of household waste on the Coffs Coast. Coffs Coast Waste service currently provides 43,309 domestic waste collection services across the partner council areas. The three Councils Bellingen Shire, Coffs Harbour City and Nambucca Shire commenced discussions on regional cooperation in waste management as early as 2002. Coffs Harbour City Council resolved in April 2002 to liaise with Bellingen and Nambucca Shire Councils to pursue regional waste management opportunities. This resulted in the current Collection Services for Coffs Coast Regional Waste Services, the Agreement for Processing of Waste at the Coffs Harbour Resource Recovery Facility and for Associated Purposes and the Coffs Harbour Regional Resource Recovery Project. The Biomass Facility processes source separated organic and mixed residual domestic waste as well as separated commercial and industrial wastes to recover principally the organic fraction as well as other resources such as recyclable metals, rigid plastics and glass. The organic process produces composts, and soil enriching products. The facility reduces disposal of waste to landfill, increases resource recovery, and should reduce the environmental impacts of sending waste to landfill. It introduces more sustainable waste management practices to the Mid North Coast. The partnership of the three councils has resulted in achievement of an 86 per cent recycling recovery rate which is the highest in NSW. This achievement supports the aims of the Waste Less, Recycle More initiative of the NSW Environmental Protection Agency.

In addition, the three Councils are members of the North sub region of the Midwaste Regional Waste Forum which consists of eight councils. The forum develops Regional Resource Recovery Strategies with funding support from the State Government.

MIDROC initiatives:

Bellingen Shire, Coffs Harbour City and Nambucca Shire are members of the MIDROC organisation of Councils and whilst this association has been active for some ten years or so, in the last four years a number of initiatives have seen the Association achieve outcomes for its members. Whilst Clarence Valley has not been a formal member of MIDROC, it can be seen from other initiatives above that the Councils in the region covered by the North Coast Joint Organisation see the benefit in working together toward common goals.

Examples of initiatives achieved within the MIDROC banner include:

KPMG Report – Optimising Service Delivery / Designing a Service Review Capability Recently, MIDROC engaged the services of KPMG to undertake an assessment of:

1. The cost of developing a unit to undertake ongoing service efficiency reviews over a 10 year period;

2. The likely benefit that would be generated; and

3. The areas that would derive significant benefits from undergoing a regional service review.

An indication of the type of outcome that is being achieved from this project can be found in the diagram below:

Human Resources Professional Group - Regional Training and eLearning Initiative

The HR Professional Group has developed a number of training packages that are capable of being delivered across the various councils within the Region, thus producing efficiencies in training delivery and building capacity within the region. The group is also sharing training expertise, policies, procedures and is developing a Regional Learning and Development Plan. In addition, the group has undertaken regional procurement of a Learning Management System to deliver and share priority content as well as standardised training resources which has resulted in savings of up to $60,000 per annum over a four year period for each participating council. The HR Group is one of around 10 subgroups that operate across the MIDROC region with other examples including waste, planning, Information Technology, Geographical Information Systems, Work Health & Safety etc.

Media campaigns

From time to time, there are issues within each of our respective local government areas that have commonality across the region (e.g. elections, Wood smoke reduction campaigns, local government awareness). Where these issues are identified, the MIDROC association takes the responsibility for the delivery of these media campaigns on a regional basis, thus creating efficiencies and consistency in message delivery across the region.

Text Box: 2 2. Your council’s current position

2.1 About your local government area

Explain the key characteristics of your local government area, your community’s goals and priorities and the challenges you face in the future (up to 500 words).

You should reference your Community Strategic Plan and any relevant demographic data for this section.

Nambucca Shire Local Government Area totals 1,491 square kilometres, located on the mid north coast of New South Wales.

Nambucca Shire is a diverse and unique place with stunning coastal scenery and picturesque hinterland located on the eastern edge of the New England Plateau. The Shire includes coastal and rural towns, rolling hills, State forests and natural areas. The Shire has a strong sense of heritage combined with modern lifestyle pportunities.

The Shire has three main towns - Nambucca Heads, Macksville and Bowraville - as well as key coastal settlements at Valla Beach and Scotts Head and smaller villages across the Shire.

The Shire’s economic base in terms of number of businesses is led by agriculture, forestry and fishing, with construction and retail businesses being the second and third highest number respectively. In relation to people employed in different professions, the category of professionals, as defined by ABS, comprise the largest number of wage earners, with community and service workers and clerical and administrative being the second and third largest categories of wage earners respectively.

Shire population is 18,644 residents. Nearly one third of these residents (5,527 people which represents 29.6% of residents) live in a rural or non-urban area (as at 2011). The population is anticipated to increase to somewhere between 20,650 (Department of Planning figure for 2031) and 27,923 (Council projection for 2051).

Other attributes include:

§ A very large proportion of older adults and ageing adults with 32.2% aged 65 years and over and 24.8% aged 50-64 years. This is consistent with the north coast of NSW being seen as an appealing place to retire.

§ A large proportion of people living alone (31.3% of households) and a large proportion of families are couples without children (48.9%), which is consistent with the ageing population.

§ Average proportions of children and youth (5.6% 0-4 years, 12.21% 5-14 years and 5.93% 15-19 year olds).

§ Generally a lower income area with 38.16% of households earning less than $600 per week. This is consistent with older and retired adults. However, unemployment is also high at 10.7% which suggests there are also lower socio-economic families and individuals in the area.

§ A large number of Aboriginal and Torres Strait Islander people (1,359 which represents 7.29% of the population significantly higher than the State average of 2.4%).

In common with other coastal local government areas, Nambucca Shire has an ageing population, however unlike other equivalent areas it is coupled with a declining birth rate and an outward migration of people aged 20-49 years.

(436 words – Needs to be aligned with the Community Strategic Plan)

Dot Point Notes

Ø TCorp recommendations to assist in improving the position

§ Source additional revenue, such as Special Rate Variations (SRV) to improve financial flexibility and to assist in reducing the Infrastructure Backlog

§ Use debt funding (loan borrowings)

§ Devise programs and strategies to contain rising costs and improve efficiencies

Ø TCorp (April 2013) assessed Council’s current Financial Sustainability Rating (FSR) as WEAK with a short term Outlook rating of NEGATIVE

Text Box: 2 2.2 Key challenges and opportunities

Strengths	Weaknesses
Long Term Water Supply Secured. Comparatively low overhead operation. Established program of reform.	Large % of the Shire is unrateable land held by the crown Compulsory contribution to pensioner discount Once in a lifetime companion animal rego not covering costs Beach Maintenance – Maintaining an asset not owned by Council High Rainfall and challenging topography make asset more expensive to construct and maintain
Opportunities	Threats
Library – CSU Learning Centre Rationalise Toilet blocks Cemeteries on a Commercial footing Libraries – Friends of Library Volunteer support Move ownership of halls and Museums to Incorporated Associations Advertising on bus shelters	Pacific Highway hand over when bypass is complete. Freezing of FAG’s Grants

This SWOT Analysis relates future financial sustainability, it is to reviewed by Manex A 28^th May

Text Box: 2 2.3 Performance against the Fit for the Future benchmarks

Sustainability
Measure/ benchmark	2013 / 2014 performance	Achieves FFTF benchmark?	Forecast 2016 / 2017 performance	Achieves FFTF benchmark?
Operating Performance Ratio (Greater than or equal to break-even average over 3 years)	-17.8%	No	-9.9%	No
Own Source Revenue Ratio (Greater than 60% average over 3 years)	61.2%	yes	59.7%	No
Building and Infrastructure Asset Renewal Ratio (Greater than 100% average over 3 years)	70.3%	No	Need to break up renewals	No

2016/17 results need to be reviewed in line with new LTFP

If the Fit for the Future benchmarks are not being achieved, please indicate why.

(For example, historical constraints/context, one-off adjustments/factors, council policies and trade-offs between criteria.)

Operating Performance Ratio –

§ trend of improvement

§ Historical constraints /contexts.

o History of operating deficits

o Tcorp findings

o Revenue constraints

o lower social economic profile. Moved from a primary industries based economy to predominantly a service based economy. No dominate industry, constrained rate base

o The area is popular with retirees, has higher than average unemployment and very modest growth

§ Things that have been done

§ Transferred ownership of Macksville Showground and Saleyards

§ Transferred operation of Macksville Saleyards

§ Transferred ownership and management of Community Halls

§ Commissioned external review of Organisation Structure

§ Established Customer & Business Services Unit

§ Rationalised assets eg reduce bridges from double lane to single lane

§ Contained operating expenses

§ Staff FTE 123.77 (June 2013) compared to FTE 125.82 (June 2011)

§ Expenses $1,708 per capita compared to group average of $2,482 (DLG Comparative Data 2011/12)

§ NSW Local Infrastructure Renewal Scheme (LIRS)

§ Helping councils meet the increasing challenge of infrastructure renewal by providing interest subsidy on council borrowings over a 10 year period

§ Round One 2012/13, Loan $1,206,000 @ 5.39% for Bridge Replacement - Eungai Creek, Touts and Lavertys (Taylors Arm) Interest $356,743 Subsidy 4% $262,542

§ Round Two 2013/14, Loan $1,445,000 @ 5.66% for infrastructure backlog works – Weekes Bridge at South Arm, Swans Bridge at Utungun, Lovedays Bridge, Greens Bridge at Utungun, Mary Sharkeys Bridge at Missabotti, Reeds Bridge at Thumb Creek and Bitumen Resealing. Interest $454,154 Subsidy 3% $237,062

§ Round Three 2013/14, Infrastructure backlog works roads and bridges, Provide a 3% interest subsidy on loans taken out for infrastructure backlog works as well as for projects providing infrastructure to enable new housing.

· Special Rate Variations

o Special Rate Variation 2012/13, IPART approved S508(2) application of 10.04% (including rate peg 3.60%) with increase to be permanently retained in income base. Single additional increase of 6.44% to replace expiring Environmental Levy (4.00%) and to fund existing and new loans for road and bridge works (2.44%)

o Special Rate Variation 2010/11& 2011/12, IPART approved S508(2) application of 7.64% for 2 years (including rate peg 2.60% and adjust -0.13%) Additional increase of 5.17% to continue the 2005/06 Environmental Levy (4.00%) and to repay loan which funded flood damage repairs to Deep Creek Bridge and Riverside Drive, Nambucca Heads

o Special Rate Variation 2014/15, 2015/16, 2016/17

§ Timing of Finical Assistance Grants (FAGS) payments have had a detrimental effect on operating performance ratio in years 2012-2013 and years 2013-14. The shortfall in 2013-14 represented 8.5% of operating revenue.

§ Effect of Financial Assistance Grants Timing on Operating Revenue
§ 2011-2012	§ 2012-13	§ 2013-14
§ Additional $954,000	§ Less $70,00	§ Less $1,812,000

§ One – off disposal of Council assets. Council has handed over ownership of some community facilities to community based organisation. This is a way of disposing of the financial obligation to operate and maintain these facilities without denying them to the public. The asset is typically transferred at a $1 and results in a large expense being recorded as a Net Loss from disposal of assets on the income statement. It would seem reasonable to exclude these one off transaction from the calculation of the operating performance ratio on the basis that they would distort the true operating position if they were included. (need to check self-assessment tool calculation)

Year	Asset	Disposed of to	Net Loss on Disposal
2012-13	§ Macksville Showgrounds	§ Macksville Show Society	§ $6M?

§ Refinement of Depreciation Expense. As the maturity of Council’s asset management system has grown, a more refined understanding of current service levels and asset life cycles has been achieved. It has become clear that in many cases asset lives have been underestimated and have been reflecting aspirational service levels rather the service that is actually being delivered. The Transport Asset Class was reviewed as part revaluation of that class (2014-15), depreciation for that class has been revised down by $1.7M. While past depreciation expense has been based on best available information it is now apparent that historically the expense has overstated and had a negative impact on the Operating Performance Ratio.

Text Box: 2 2.3 Performance against the Fit for the Future benchmarks

Infrastructure and service management
Measure/ benchmark	2013 /2014 performance	Achieves FFTF benchmark?	Forecast 2016 / 2017 performance	Achieves FFTF benchmark?
Infrastructure Backlog Ratio (Greater than 2%)	-10%	Yes/No Automatic calculation	To be calculated	Yes/No Automatic calculation
Asset Maintenance Ratio (Greater than 100% average over 3 years)	68.9%	No	To be calculated	3 year average will be hard to beat
Debt Service Ratio (Greater than 0% and less than or equal to 20% average over 3 years)	5.66%	Yes	To be calculated	Yes

If the Fit for the Future benchmarks are not being achieved, please indicate why.

Infrastructure backlog ratio - Describe apples with apples risked based infrastructure backlog calculation.

Asset Maintenance Ratio – data used to calculate this ratio is difficult to reliably obtain, Asset Management Plan are not mature enough to meaningful predict future maintenance requirements.

Debt Service Ratio – care has to be taken when analysing Debt Service Ratio, as the consolidate position can be misleading. General fund has capacity for strategic borrowing for infrastructure renewal. Water Fund has high debt due to dam. Sewerage has capacity to borrow.

Text Box: 2 2.3 Performance against the Fit for the Future benchmarks

Efficiency

Measure/

benchmark

2013 /2014 performance

Achieves FFTF benchmark?

Forecast

2016 / 2017 performance

Achieves FFTF benchmark?

Real Operating Expenditure per capita

A decrease in Real Operating Expenditure per capita over time

Increasing - erratic

Yes/No

Automatic calculation

Estimate performance – decreasing on current projections

Yes/No

Automatic calculation

If the Fit for the Future benchmarks are not being achieved, please indicate why.

· Need to eliminate one off impacts such as NDRRA restoration works

Text Box: 2 2.4 Water utility performance

NB: This section should only be completed by councils who have direct responsibility for water supply and sewerage management

Does your council currently achieve the requirements of the NSW Government Best Practice Management of Water Supply and Sewerage Framework?

Yes/No Yes

If NO, please explain the factors that influence your performance against the Framework.

How much is your council’s current (2013/14) water and sewerage infrastructure backlog?

	Backlog $	Backlog % of WDV
Water Supply Network	$14,040,000	36.7%
Sewerage Network	$25,762,000	35.6%

Text Box: 2 2.4 Water utility performance

Identify any significant capital works (>$1m) proposed for your council’s water and sewer operations during the 2016-17 to 2019-20 period and any known grants or external funding to support these works.

Question referred to Richard Spain

Capital works
Proposed works	Timeframe	Cost	Grants or external funding

Text Box: 2 2.4 Water utility performance

Does your council currently manage its water and sewerage operations on at least a break-even basis?

Yes

If No, please explain the factors that influence your performance.

Water 2013-14 operating revenue before Capital income $5, 496,000

Water 2013-14 operating expense $4,438,000

Operational Surplus $ 1,058,000

Sewerage 2013-14 operating revenue before capital $ 4,910,000

Sewerage 2013-14 operating expenses $4, 946,000

Operating Deficit - $ 36,000

Combined position Operating Surplus $1,022,000

If No, please explain the factors that influence your performance.

Text Box: 2 2.4 Water utility performance

Identify some of your council’s strategies to improve the performance of its water and sewer operations in the 2016-17 to 2019-20 period.

Question referred to Richard Spain

Improvement strategies
Strategy	Timeframe	Anticipated outcome
1.

Text Box: 3 3. How will your council become/remain Fit for the Future?

3.1 Sustainability

Summarise your council’s key strategies to improve performance against the Sustainability benchmarks in the 2016-20 period, including the outcomes you expect to achieve.

Explain the key assumptions that underpin your strategies and expected outcomes.

For example the key assumptions that drive financial performance including the use of SRVs, growth in rates, wage increases, Financial Assistance or other operating grants, depreciation, and other essential or major expense or revenue items.

Key assumptions – To be confirmed when Indexed LTFP is produced.

· Average Population growth 1 % PA

· Average growth in additional rateable assessments 0.5%

· Discount Rate to calculate real costs 3% based on top end of inflation range and assumed rate peg in forward planning

· Future Rate Peg 3% PA

· Services level held constant

· Operational costs held at least constant in real terms – this is on current trend.

· Future borrow rate 5% Most of Council’s current debt is at fixed rate for the term.

· Future investment returns 4%

Proposed improvements against benchmarks are based on that reviewed the veracity of the information on which the bench mark ratios were calculated. This has been incorporated into the preparation of the 2015-16 Draft Budget and the review of the Long Term Financial Plan and has given a baseline for modelling improvement strategies.

The first priority of the strategy was to meet the Operating Performance benchmark. This defines helps the size and operations of the Organisation in the future and give parameters on which to work on improving the remaining ratios.

The strategy sees Nambucca meeting five of the seven benchmarks by 2020. This would include the two threshold benchmarks, Operating Performance Ratio and Own Source Revenue Ratio.

To achieve this a series of three modest special rate variations (SRVs) of approximately 2.5% above rate peg would be required in the years 2017-18, 2018-19 and 2019-20. Council’s history of small, well target SRVs

The strategy assumes holding operating expenses constant in real terms. This is realistic and is in line with recent performance current trend. (List recent initiatives and ongoing work)

It is possible on-going service reviews could identify further operational savings and these could offset the need for SRVs. It is also possible that if Council is considered Fit for the Future, it may benefit from a less rigorous SRV approval process or no requirement for a SVR with a restricted range.

· Have to talk about potential dividend payments from water & sewerage

Text Box: 3 3.1 Sustainability

Outline your strategies and outcomes in the table below.

3.1 Sustainability
Objective	Strategies	Key milestones	Outcome	Impact on other measures
1. Eliminate Operating Deficit over a 3 year average	a) SRV 2016 fixed b) Restrain cost c)
Maintain own source income over 60%
Increase Infrastructure Renewals

Text Box: 3 3.2 Infrastructure and Service Management

Summarise your council’s key strategies to improve performance against the Infrastructure and service management benchmarks in the 2016-20 period, including the outcomes you expect to achieve.

Work in progress

Text Box: 3

3.2 Infrastructure and Service Management

Outline your strategies and outcomes in the table below.

3.2 Infrastructure and service management
Objective	Strategies	Key milestones	Outcome	Impact on other measures
1.Reduce Infrastructure Backlog	a)Apply with Apples Methodology b) c)

Text Box: 3

JRA Bring to standard methodology

3.3 Efficiency

Summarise your council’s key strategies to improve performance against the Efficiency measures in the 2016-20 period, including the outcomes you expect to achieve.

Explain the key assumptions that underpin your strategies and expected outcomes.

Key assumptions – To be confirmed when Indexed LTFP is produced.

· Average Population growth 1 % PA

· Average growth in additional rateable assessments 0.5%

· Discount Rate to calculate real costs 3% based on top end of inflation range and assumed rate peg in forward planning

· Future Rate Peg 3% PA

· Services level held constant

· Operational costs held at least constant in real terms – this is on current trend.

· Future borrow rate 5% Most of Council’s current debt is at fixed rate for the term.

Future investment returns 4%

Text Box: 3 3.3 Efficiency

Outline your strategies and outcomes in the table below.

Will be all about restraining costs - Population growth very minimal, abnormal such as NDRRA should be excluded.

3.3 Efficiency
Objective	Strategies	Key milestones	Outcome	Impact on other measures
1. Maintain or decrease FTE	a) b) c)
Program Costs not to increase in real terms
Operating income towards capital renewal

Text Box: 3 3.4 Improvement Action Plan – Work in progress Product of Strategies

Summarise the key improvement actions that will be achieved in the first year of your plan.

Action plan
Actions	Milestones
1.

* Please attach detailed action plan and supporting financial modelling

Outline the process that underpinned the development of your Action Plan.

For example, who was involved, any external assistance, consultation or collaboration, and how the council has reviewed and approved the plan.

Text Box: 3 3.5 Other actions considered

In preparing your Improvement Action Plan, you may have considered other strategies/actions but decided not to adopt them. Please identify what these strategies/actions were and explain why you chose not to pursue them.

For example, neighbouring council did not want to pursue a merger, unable to increase rates or increase borrowing, changes in policy or service standards.

Assistant General Manager Corporate Services Report -

ITEM 10.1 SF2025 150115 Fit For The Future - Report 4 Infrastructure and Service Management and Efficiency Bench Marking

619/15 RESOLVED: (MacDonald/South)

That Council receives this report and notes the information it contains.

620/15 Resolved: (Finlayson/Ainsworth)

That the Mayor, Deputy Mayor and General Manager make an appointment for informal discussions with their counterparts at Bellingen Shire Council to explore any interest in a joint meeting of both Councils to discuss possible amalgamation or other joint activities and bring the outcome of this meeting back to this Council.

The meeting was held 2^nd March 2015 at Bellingen Shire Council Chambers. It was an informal meeting and minutes were not recorded. A summary of the conversation is below.

· The resolution was discussed at length.

· Alliancing (shared services) was supported by both Nambucca and Bellingen. The possible role of a Joint Organisation or MIDROC was discussed. It was concluded that it was possible an agreement could be independent of these organisations.

· Cr Hoban noted that key driver for Nambucca Shire Council was showing Council would be financially sustainable into the future.

· Opportunities for alliancing that had been developed by David Rawlings, General Manager of Kempsey Shire Council were tabled for discussion.

· Principles for evaluating alliancing opportunities were discussed and it was concluded that a list of opportunities be prepared for considerations of both Councils. The list was based on areas of interest to both Councils and seen as having the best possibility of returning positive results.

The list of identified possibilities is financial services, human resource management, information and communication technology, procurement and contract management, waste management, internal audit, service reviews and animal holding facilities.

· Guiding principles in developing a proposal were discussed, it was agreed that any proposal should drive down costs, respect the career paths of employees, give preference to local suppliers, that any entity created to deliver shared services would be jointly owned and shared services should increase both Council’s capacity to efficiently deliver services to their respective communities.

· It was suggested that a follow up meeting be scheduled in two months.

At a meeting of 27^th March 2015, David Rawlings Manager of Kempsey Shire Council presented a more detailed and structured proposal to develop a business case for shared services. The proposal included Bellingen, Nambucca and Kempsey Councils. It is based on work completed by David and a report on Shared Services commissioned by MIDROC and produced by KPMG. It would require an investment by Council that is not currently included in the current budget or the draft 2015/16 budget. The initial discussions supported human resource management, financial services and information and communication technology as areas for investigation. Nambucca strongly advocated that any shared services had a much greater probability of success if all participants are using the same corporate software and therefore information and communication technology should be one of the first services considered. The proposal from Kempsey warrants further consideration.

Council has commenced an internal service review process. The Service Delivery Review Manual published by the Australian Centre for Excellence for Local Government is being used. The initial stage simply identifies the services Council currently provides, how much they cost and if there is a formal level of service. This work should complement any of the proposals currently being considered.

Text Box: 4 4. How will your plan improve performance?

4.1 Expected improvement in performance
Measure/ benchmark	2016/17	2017/18	2018/19	2019/20	Achieves FFTF benchmark?
Operating Performance Ratio (Greater than or equal to break-even average over 3 years)	-4.49%	- 4.04%	-2.39%	0.06%	Yes/No - yes Automatic calculation
Own Source Revenue Ratio (Greater than 60% average over 3 years)	59.7%	67.1%	96.6%	70.6%	Yes
Building and Infrastructure Asset Renewal Ratio (Greater than100% average over 3 years)	TBA
Infrastructure Backlog Ratio (Greater than 2%)	TBA
Asset Maintenance Ratio (Greater than 100% average over 3 years)	TBA
Debt Service Ratio (Greater than 0% and less than or equal to 20% average over 3 years)	7.42%	8.45%	8.99%	9.45%	Yes
Real Operating Expenditure per capita A decrease in Real Operating Expenditure per capita over time	$1.07	$1.04	$1.03	$1.02	Yes

Text Box: 4

4.1 Expected improvement in performance

If, after implementing your plan, your council may still not achieve all of the Fit for the Future benchmarks, please explain the likely reasons why.

For example, historical constraints, trade-offs between criteria, longer time required.

Text Box: 5 5. Putting your plan into action

How will your council implement your Improvement Action Plan?

For example, who is responsible, how the council will monitor and report progress against achieving the key strategies listed under Section 3.

Ordinary Council Meeting 28 May 2015

Assistant General Manager Engineering Services Report

ITEM 11.3 SF904 280515 Coastal Public Safety Risk Assessment for the Nambucca Local Government Area

AUTHOR/ENQUIRIES: Paul Gallagher, Assistant General Manager - Engineering Services

Summary:

Council received a presentation from Surf Life Saving NSW on the state-wide drowning prevention project known as “Project Blueprint” at its meeting held on 26 March 2015 and resolved; “That a report be prepared on the implementation of the recommendations from the Coastal Public Safety Risk Assessment for the Nambucca Local Government Area.”

This report now provides Council with a proposed implementation program

Recommendation:

1 That Council receives and notes the report and the actions of Councils to date surrounding the installation of appropriate signage at all beaches and access points in accordance with the Best Practice manual for signage.

2 That Council Investigate a meeting with the Tourist Board, (as representatives from the Tourist Operators) the Chamber of Commerce’s and SLA in the first instance to ascertain whether there is interest to continue with an annual meeting to discuss various beach safety matters and the dissemination of information to tourists.

OPTIONS:

Note the report.

DISCUSSION:

Councillors would recall from the March Council meeting that Surf Life Saving NSW, through its Coast Safe department, has been undertaking a state-wide drowning prevention project known as “Project Blueprint”. The Nambucca LGA was included in the third year of the program. The Coastal Risk Officers conducted onsite assessments in June 2014 and prepared a report that has now been provided to Council.

The treatment options found in the report are representative of Australian Coast Safe’s opinion in relation to risk management at the locations assessed and are provided as options for guidance only and are not binding on the land manager. The report acknowledges that land managers have many competing priorities and limited resources and have to balance water safety with their other portfolio responsibilities.

The report is intended to provide support and guidance for decision making and assist land managers in sourcing funding for future programs. Relevant recommendations from the report are extracted and staff comments are appended accordingly.

Recommendations from the report and staff comment

Nambucca Shire Council should consider implementing the following risk treatment options:

Strategic Coordination:

1.1 Existing and future coastal development plans scheduled for the Nambucca Local Government Area, should consider the impact of increased coastal usage, discussing possible treatment options such as education, signage, access, public rescue equipment and supervision.

Staff comment: IN PROGRESS - Council Planning Department consider these points when assessing a development application. Staff also considers treatment options as part of the works program.

1.2 Coastal usage and incident data (e.g. drowning incidents, emergency callouts, lifesaving and lifeguard statistics) should be used when making informed decisions about the implementation of risk treatments for coastal safety.

1.3 Land Managers in the Nambucca Local Government Area should meet with Surf Life Saving North Coast as an effective forum which raises safety issues and implements coastal safety strategies. It is encouraged that the treatment options found in this report be addressed as part of this meeting. After an initial meeting, participants are encouraged to meet at least twice a year, before and after the surf life saving season.

Staff comment for Items 1.2 and 1.3: IN PROGRESS - Council AGMES meets with a representative from the Surf Life Saving prior and after the summer season (Christmas holiday period) in accordance with the contract and a season report on the usage and incidents is provided to Council in March of each year.

Staff resources presently do not permit additional meetings, however consideration of a preseason meeting with Risk Safety Officer, AGMES, SLS and the relevant tourist park owners may beneficial to disseminate information to tourists and instigate brochures.

Staff recommendation: Instigate a meeting with the Tourist Board (as representatives from the Tourist Operators) and SLA in the first instance to ascertain whether there is interest to continue with this forum.

Education:

1.5 Education and awareness programs within the Nambucca Local Government Area should continue to be implemented, reviewed and supported. Land Managers and key stakeholder groups who may not have the expertise to implement educational programs should work with peak water safety organisations to assist in delivery.

Staff comment: Staff resources presently do not permit the time to run education programs, nor is there any trained facilitators on Council staff, however the web site can updated to indicate a section on Beach risk safety

1.6 Education and awareness programs should include standardised key safety messages which are recognised by the aquatic industry (e.g. http://www.watersafety.nsw.gov.au/).

Staff comment: Staff resources presently do not permit the time to run education programs, however the web site can be updated to indicate a section on Beach risk safety

1.7 Develop relationships with tourism and holiday rental real estate organisations with the aim of distributing standardised surf safety collateral (e.g. brochures and flyers) to all coastal accommodation providers and visitor information centres in the Nambucca Local Government Area.

Staff comment: As per 1.1 and 1.3

1.8 Peak coastal water safety agencies currently provide surf education to local schools and community groups upon request. Nambucca Shire Council should continue to work with these agencies to promote these programmes and encourage enhanced participation at a local and regional level.

Staff comment: As per 1.1 and 1.3

1.9 Businesses within the Nambucca Local Government Area that hire out surfcraft should be aware of the daily beach conditions and inform customers about local characteristics and hazards. These businesses should avoid hiring out surf craft to inexperienced customers when conditions warrant the closing of a beach.

Staff comment: As per 1.1 and 1.3

1.10 Surf safety information, should be strategically placed in visual form at various coastal locations. Specific examples can be referenced in the report Coastal Public Safety Risk Assessment: Nambucca Local Government Area – Confidential Draft.

1.11 Nambucca Shire Council in conjunction with peak water safety organisations and local Tourist Parks, should promote a surf safety education program for holiday makers to learn about basic surf safety awareness.

Staff comment: As per 1.1 and 1.3

1.12 Work with Nambucca Valley Tourism to ensure that surf safety information is promoted through any websites, promotional material, newsletters and social media pages.

Staff comment: As per 1.1 and 1.3

1.13 Continue to promote and encourage rock fishermen and recreational boaters to wear lifejackets.

Staff comment: Grant funding should be investigated to fund these style of signs. The style of signs being recommended can be implemented over time and as funding becomes available as these signs are high colour and resolution and are in vicinity of $1000 to $1500 per sign.

Safety Signage:

1.14 Standardised water safety signage that aligns to Australian standards and best-practice ‘style’ should be implemented at the locations listed. This may include the maintenance and upgrade of existing signage through planned works schedules, the consolidation of multiple existing signs into a single sign (less signs), sign relocation or the removal of unnecessary signage.

1.15 Existing signage at 4WD access locations should include information such as speed limits, specific driving rules and coverage zones of where driving is allowed and prohibited.

1.16 Temporary signage should be used at coastal access points from the coastal tourist parks to inform guests of when conditions warrant the ‘closing of a beach’. Surf Life Saving NSW will be able to alert park operators when dangerous swell events are predicted through the dangerous surf advisory process.

Staff comment: Council has updated all of its beach signage and access points in accordance with the Best Practice manual and it is disappointing that the report did not acknowledge the work undertaken to date. The sign proliferation at these sites has been replaced with a single once source sign.

Access:

1.17 Formal access paths should continue to be regularly maintained through ongoing infrastructure and capital works programs. This will encourage formal access use (rather than informal), enhance the effectiveness of water safety signage and minimise the quantity of signage needed.

1.18 Informal access paths should be considered for redirection or consolidation, in order to promote/facilitate the use of formal access.

Supervision/Surveillance:

1.19 Explore the means to fund the extension of lifeguard service operational hours at Valla South, Nambucca Main and Scotts Head from 3:30pm to 5:00pm during the summer school holidays.

1.20 Explore the means to fund an extension of the service at Valla South, Nambucca Main and Scotts Head to cover the NSW school holiday periods of spring and autumn (p.68).

1.21 The level of lifeguarding services provided (staffing levels, operational dates, patrol hours and locations) should be reviewed on a regular basis to ensure the most suitable and effective service is provided (p.68).

Staff comment: Council considers the additional service each year at budget time, and the increase in the level of service competes with other worthy projects.

Monitor & Review:

1.22 In consultation with relevant stakeholders, this document should be reviewed annually to measure the effectiveness of any risk mitigation strategies and drowning prevention initiatives that have been implemented and where future funding opportunities can be directed (p.76).

1.23 All drowning prevention strategies have the opportunity to be documented and incorporated into the relevant strategic and management plans. This will ensure consistency throughout the management area and a structured approach to maintenance (p.76) Coastal Public Safety Risk Assessment: Nambucca Local Government Area – Confidential Draft.

Staff comment: IN PROGRESS - Council AGMES meets with a representative from the Surf Life Saving prior and after the summer season (Christmas holiday period) in accordance with the contract and a season report on the usage and incidents.

Public Rescue Equipment:

3.3 Explore the means to fund the expansion and continued maintenance of the ‘Angel Ring Project’ in consultation with the Australian National Sports Fishing Association (NSW Branch), the Recreational Fishing Alliance of NSW and Bellingen Council at the locations outlined in the report. Final positioning should be determined by these fishing associations.

Staff comment: Council acknowledge the need, however due to theft and vandalism it is not feasible to install these devices with the ongoing cost of replacement

CONSULTATION:

There was no consultation in preparing this report.

SUSTAINABILITY ASSESSMENT:

Environment

There are no significant implications for the environment.

Social

Coastal drowning’s have profound social impacts on affected family and friends as well as local communities including those in rescue organisations.

Economic

There are no significant economic implications.

Risk

The report concerns coastal risk management.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There will need to be a report on the recommendations coming out of the final report. The report will need to consider costs and staged implementation.

Source of fund and any variance to working funds

At this stage there is no impact on working funds.

Service level changes and resourcing/staff implications

Staff resources will be required to report on the recommendations arising from Project Blueprint.

Attachments:

There are no attachments for this report.

Ordinary Council Meeting - 28 May 2015

NSW Office of Water 2013/14 Triple Bottom Line Performance Report and Action Plan for Water Supply and Sewerage

WS Action Plan 2013-14 - Nambucca Shire Council Nambucca Shire Council Water Supply – Action Plan Page 1
Summary In 2013-14, Nambucca Shire Council implemented all the water supply requirements of the NSW Best-Practice Management Framework and its performance is considered to be very good Key actions from Council's Strategic Business Plan: - Insert achievements for Key Action 1 here for Nambucca Shire Council - Insert achievements for Key Action 2 here for Nambucca Shire Council

*INDICATOR*		*RESULT²*		*COMMENT/DRIVERS*	*ACTION*
	*Best-Practice Management Framework*	Implemented all the Best-Practice Requirements¹	Very good	Implementation of the requirements demonstrates effectiveness and sustainability of water supply business. 100% implementation is required for eligibility to pay an ‘efficiency dividend’.	Prepare a new 30-year IWCM Strategy, Financial Plan & Report in accordance with the July 2014 IWCM Check List (www.water.nsw.gov.au) as the existing Strategic Business Plan is over 4 years old.
*CHARACTERISTICS*
5	Connected property density	30 per km of main		A connected property density below 30 can significantly increase the cost per property of providing services, as will also a high number of small discrete water supply schemes.
		High ranking (2, 2)
9	Renewals expenditure	0.3%	May require review	Adequate funds must be programmed for works outlined in the Asset Management Plan – page 3 of the 2013-14 NSW Performance Monitoring Report.	No action. Council has had consistent renewals expenditure over many years. Most old AC pipe now replaced with PVC.
		Low ranking (4, 4)
10	Employees	1.5 per 1,000 props	Satisfactory
		Median ranking (3, 2)
*SOCIAL - CHARGES*
12	Residential water usage charge	290 c/kL	Good	Benefits of strong pricing signals are shown on page 5 of the 2013-14 NSW Performance Monitoring Report.
		Highest ranking (1, 1)
13	Residential access charges	$128 per assessment	Good		See 16.
		Highest ranking (1, 1)
14	Typical residential bill³ (TRB)	$521 per assessment	Good	TRB should be consistent with projection in the financial plan. Drivers – OMA Management Cost and Capital Expenditure.	TRB is consistent with predictions in Strategic Business Plan modelling – 3.5% higher. See 43.
		Highest ranking (1, 1)
15	Typical developer charges	$12400 per ET	Good
		Highest ranking (1, 1)
16	Residential revenue from usage charges	78% of residential bills	Very good	≥ 75% of residential revenue should be generated through usage charges.
		Highest ranking (1, 1)
*SOCIAL – HEALTH*
19	Physical quality compliance	Yes	Very good
		Highest ranking (1, 1)
19a	Chemical quality compliance	Yes	Very good
		Highest ranking (1, 1)
20	Microbiological compliance⁴	Yes	Very good	Critical indicator. LWUs should annually review their DWMS in accordance with NSW guidelines⁴.	Council has prepared a risk based Drinking Water Quality Management Plan in accordance with NSW Health and NSW office of Water requirements
		Highest ranking (1, 1)

1. Council needs to annually ‘roll forward’, review and update its 30-year total asset management plan (TAMP) and 30-year financial plan, review

Council's TBL Performance Report and prepare an Action Plan to Council. The Action Plan is to include any actions identified in Council’s annual review of its DWMS (Indicator 20) and any section 61 Reports from the NSW Office of Water. Refer to pages 27, 28, 107 and 111 of the 2013-14 NSW Water Supply and Sewerage Performance Monitoring Report.

2. The ranking relative to similar size LWUs is shown first (Col. 2 of TBL Report) followed by the ranking relative to all LWUs (Col. 3 of TBL Report).

3. Review and comparison of the 2014-15 Typical Residential Bill (Indicator 14) with the projection in the later of your IWCM Strategy and financial
plan and your Strategic Business Plan is mandatory.
In addition, if both indicators 43 and 44 are negative, you must report your proposed 2015-16 typical residential bill to achieve full cost recovery.

4. Microbiological compliance (Indicator 20) is a high priority for each NSW LWU. Corrective action for non-compliance (≤97%), or any ‘boil water
alerts’ must be reported in your Action Plan. Refer to pages 7, 8 and 28 of the 2013-14 NSW Water Supply and Sewerage Performance Monitoring
Report (www.water.nsw.gov.au) and NSW Guidelines for drinking water quality management systems, NSW Health and NSW Office of Water, 2013.

Nambucca Shire Council Water Supply – Action Plan Page 2
*INDICATOR*		*RESULT*		*COMMENT/DRIVERS*	*ACTION*
*SOCIAL – LEVELS OF SERVICE*
25	Water quality complaints	1.1 per 1,000 props	Good	Critical indicator of customer service. Can be influenced by the type of business - e.g. unfiltered supply.
		High ranking (2, 2)
26	Service complaints	13.4 per 1,000 props	Good	Key indicator of customer service.
		High ranking (2, 3)
27	Average frequency of unplanned interruptions		Not reported	Key indicator of customer service, condition of network and effectiveness of operation.

30	Number of main breaks	8 per 100km of main	Good	Drivers – condition and age of water mains, ground conditions.
		High ranking (2, 2)
32	Total Days Lost	3.4%	May require review
		Low ranking (4, 4)
*ENVIRONMENTAL*
33	Average annual residential water supplied	135 kL per prop	Good	Drivers – available water supply, climate, location (Inland or coastal), pricing signals (Indicator 3), restrictions.
		Highest ranking (1, 1)
34	Real losses (leakage)	70 L/c/d	Good	Loss reduction is important where an LWU is facing drought water restrictions or the need to augment its water supply system.
		High ranking (2, 3)
*ECONOMIC*
43	Economic Real Rate of Return (ERRR)	2.1%	Good	Reflects the rate of return generated from operating activities (excluding interest income and grants). An ERRR or ROA of ≥ 0% is required for full cost recovery.
		High ranking (2, 2)
44	Return on assets (ROA)	1.3%		See 43.
		Median ranking (3, 2)
45	Net debt to equity	4%	Very good	LWUs facing significant capital investment are encouraged to make greater use of borrowings – page 14 of the 2013-14 NSW Performance Monitoring Report.
		Highest ranking (1, 1)
46	Interest cover	2	Very good	Drivers – in general, an interest cover > 2 is satisfactory.
		Highest ranking (1, 1)
47	Loan payment	$249 per prop	Very good	The component of TRB required to meet debt payments. Drivers – expenditure on capital works, short term loans.
		Highest ranking (1, 1)
49	Operating cost (OMA)	$327 per prop	Very good	Prime indicator of the financial performance of an LWU. Drivers – development density, level of treatment, management cost, topography, number of discrete schemes and economies of scale.		Operating costs have been reviewed as part of developing Council’s Strategic Business Plan
		Highest ranking (1, 1)
51	Management cost	$113 per prop	Good	Typically about 40% of the OMA. Drivers – No. of employees. No. of small discrete water schemes.
		High ranking (2, 2)
52	Treatment cost	$13 per prop	Very good	Drivers – type and quality of water source. Size of treatment works
		Highest ranking (1, 1)
53	Pumping cost	$58 per prop	Satisfactory	Drivers – topography, development density and location of water source.
		Median ranking (3, 3)
55	Water main cost	$52 per prop	Good	Drivers – age and condition of mains. Ground conditions. Development density.
		High ranking (2, 2)
56	Capital expenditure	$3676 per prop	Very good	An indicator of the level of investment in the business. Drivers – age and condition of assets, asset life cycle and water source.
		Highest ranking (1, 1)

Ordinary Council Meeting - 28 May 2015

NSW Office of Water 2013/14 Triple Bottom Line Performance Report and Action Plan for Water Supply and Sewerage

SGE Action Plan 2013-14 - Nambucca Shire Council Nambucca Shire Council Sewerage – Action Plan Page 1
Summary In 2013-14, Nambucca Shire Council implemented all the sewerage requirements of the NSW Best-Practice Management Framework and its performance is considered to have been satisfactory. Key actions from Council's Strategic Business Plan: - Insert achievements for Key Action 1 here for Nambucca Shire Council - Insert achievements for Key Action 2 here for Nambucca Shire Council

*INDICATOR*		*RESULT²*		*COMMENT/DRIVERS*	*ACTION*
	*Best-Practice Management Framework*	Implemented all the Best Practice Requirements¹	Very good	Implementation demonstrates effectiveness and sustainability of water supply and sewerage business. 100% implementation is required for eligibility to pay an ‘efficiency dividend’.	Prepare a new 30-year IWCM Strategy, Financial Plan & Report in accordance with the July 2014 IWCM Check List (www.water.nsw.gov.au) as the existing Strategic Business Plan is over 4 years old.
*CHARACTERISTICS*
5	Connected property density	33 per km of main	Lower than the statewide median of 38	A connected property density below about 30 can significantly increase the cost per property of providing services.
7	Renewals expenditure	0.2%	May require review	Adequate funds must be programmed for works outlined in the Asset Management Plan – page 3 of the 2013-14 NSW Performance Monitoring Report.	Sewerage assets in generally good condition. Pumps stations are being refitted as required and a program of sewer relining has been undertaken over the last 2 years.
		Lowest ranking (5, 5)
8	Employees	1.8 per 1,000 props	Satisfactory
		Median ranking (3, 3)
*SOCIAL – CHARGES*
12	Typical residential bill³ (TRB)	$580 per assessment		TRB should be consistent with projection in the financial plan. Drivers – OMA Management Cost and Capital Expenditure.	TRB is currently set well below the charge used in financial modelling for the Strategic Business Plan – 14% lower. Revenue will need to be monitored to ensure cost recovery
		High ranking (2, 3)
13	Typical Developer Charges	$9340 per ET	Good
		Highest ranking (1, 1)
14	Non-residential sewer usage charge	330c/kL	Very good
		Highest ranking (1, 1)
*SOCIAL - HEALTH*
16	Sewerage coverage	90.7%	May require review		No action proposed. Reflection of some houses in Macksville urban area that are still unsewered and Kingsworth Estate not being sewered.
		Lowest ranking (5, 4)
17	Percent sewage treated to tertiary level	85%	May require review		Reflection of current EPA licences for Bowraville and Scotts Head STPs. No action proposed
		Low ranking (4, 4)
18	Percent of sewage volume that complied	43%	Review	Key indicator of compliance with regulator.	Need to review performance of Bowraville STP in particular and make improvements where possible.
		Lowest ranking (5, 5)
19	Sewage treatment works compliant at all times	0 of 4		Key indicator of compliance with regulator.	Work more closely with operators to ensure that plants are being operated in accordance with Operations Manuals and they are aware of plants condition at all times

*SOCIAL – LEVELS OF SERVICE*
21	Odour Complaints	1.9 per 1,000 props	May require review	Critical indicator of customer service and operation of treatment works.	No action proposed.. Many odour complaints are received after wet weather and are not sewage related. Not considered to be a major problem
		Lowest ranking (5, 5)
22	Service complaints	9 per 1,000 props	Satisfactory	Key indicator of customer service.
		Median ranking (3, 2)
23a	Average Duration of Interruption	60 minutes	Very good	Key indicator of customer service, condition of network and effectiveness of operation.
		Highest ranking (1, 1)
25	Total Days Lost	3%	May require review
		Low ranking (4, 4)

1. Council needs to annually ‘roll forward’, review and update its 30-year total asset management plan (TAMP) and 30-year financial plan, review

Nambucca Shire Council Sewerage – Action Plan Page 2

*INDICATOR*		*RESULT*		*COMMENT/DRIVERS*	*ACTION*
*ENVIRONMENTAL*
26	Volume of sewage collected per property	198 kL		Compare sewage collected to water supplied.
		Median ranking (3, 3)
27	Percentage effluent recycled	5%	May require review	Key environmental indicator. Drivers – availability of potable water, demand, proximity to customers, environment.	Maximise reuse of wastewater at Bowraville STP to eliminate river discharge in other than dry weather. Undertaking a Recycled Water Management Plan to ensure compliance with current Guidelines
		Low ranking (4, 4)
28	Biosolids reuse	100%	Very good	Key environmental indicator.
		Highest ranking (1, 1)
32	Net Greenhouse gas emissions (WS & Sge)	300 t CO2/1000 props	Satisfactory	Drivers – gravity vs pumped networks, topography, extent of treatment.
		Median ranking (3, 2)
34	Compliance with BOD in licence	97%	May require review	Key indicator of compliance with regulator requirements.	Mainly associated with Bowraville STP. Investigate ways of improving performance and limiting river
		Lowest ranking (5, 5)
35	Compliance with SS in licence	90%	May require review	Drivers – algae in maturation ponds, impact of drought.	discharge
		Lowest ranking (5, 5)
36	Sewer main breaks and chokes	5 per 100km of main	Very good	Drivers – condition and age of assets, ground conditions.
		Highest ranking (1, 1)
37a	Sewer overflows to the environment	15 per 100km of main	May require review	Drivers – condition of assets, wet weather and flooding.
		Low ranking (4, 4)
39	Non-residential percentage of sewage collected	8%		For non-residential, compare % of sewage collected to indicator 43 (% of revenue).
		Lowest ranking (5, 5)
*ECONOMIC*
43	Non-residential revenue	28%	Very good	See 39 above.
		Highest ranking (1, 1)
46	Economic Real Rate of Return (ERRR)	0.4%	Satisfactory	Reflects the rate of return generated from operating activities (excluding interest income and grants). An ERRR or ROA of ≥ 0% is required for full cost recovery.
		Lowest ranking (5, 4)
46a	Return on assets	0%		See 46.
		Lowest ranking (5, 4)
47	Net debt to equity	4%	Very good	LWUs facing significant capital investment are encouraged to make greater use of borrowings – page 14 of the 2013-14 NSW Performance Monitoring Report.
		Highest ranking (1, 1)
48	Interest cover	2	Very good	Drivers – in general, an interest cover of > 2 is satisfactory.
		Highest ranking (1, 1)
48a	Loan payment	$399 per prop	Good	The component of TRB required to meet debt payments. Drivers – expenditure on capital works, short term loans.
		Highest ranking (1, 1)
50	Operating cost (OMA)	$424 per prop	Satisfactory	Prime indicator of the financial performance of an LWU. Drivers – development density, level of treatment, management cost, topography, number of discrete schemes and economies of scale.	Operating costs have been reviewed as part of developing Council’s Strategic Business Plan
		Median ranking (3, 3)
52	Management cost	$153 per prop	Satisfactory	Drivers –number of discrete schemes, number of employees. Typically about 40% of OMA.
		Median ranking (3, 3)
53	Treatment cost	$141 per prop	Satisfactory	Drivers – type and level of treatment, economies of scale.
		Median ranking (3, 3)
54	Pumping cost	$68 per prop	May require review	Drivers – topography, development density, effluent recycling.	Reflection of the number of pump stations. Sewer relining and improvements aimed at reducing stormwater iinflow.
		Low ranking (4, 4)
56	Sewer main cost	$23 per prop	Very good	Drivers – topography, development density, effluent recycling.
		Highest ranking (1, 1)
57	Capital expenditure	$150 per prop	Satisfactory	An indicator of the level of investment in the business. Drivers – age and condition of assets, asset life cycle.
		Median ranking (3, 2)

2. The ranking relative to similar size LWUs is shown first (Col. 2 of TBL Report) followed by the ranking relative to all LWUs (Col. 3 of TBL Report).

3. Review and comparison of the 2014-15 Typical Residential Bill (Indicator 12) with the projection in your Strategic Business Plan is mandatory.

In addition, if both indicators 46 and 46a are negative, you must report your proposed 2015-16 typical residential bill to achieve full cost recover

Cr E South (Chairperson)	Mr Peter Shales
Ms Lee-anne Funnell	Ms Jenny Adams
Cr A Smyth	Ms Coral Hutchinson
Mr Keith Davis	Ms Alba Sky
Ms Janet Pope (Guide Dogs)	Mr Les Small
Ms Kerry Sanders

DA NO	DATE OF RECEIPT	PROPOSAL		PROPERTY DESCRIPTION
2015/032	12/03/15	25 Lot Subdivision		Lot 208 DP 755537, Gumbayngirr Road, South Arm
SUBMISSIONS RECEIVED/STAFF COMMENTS One public submission has been received · The submission supports the proposed subdivision in general as it will provide self-determining options for home ownership for the community and a coordinated approach to bushfire protection and planning for the site. · The area of concern is that proposed part lot 25 used to be a Council waste depot and is believed to be contaminated. This potential contamination is not noted in the report into the proposed subdivision. · The submitter is concerned about risks to the community if residential development is undertaken at a later date on this site.
DA NO	DATE OF RECEIPT	PROPOSAL		PROPERTY DESCRIPTION
2015/048	08/04/15	Residential Additions		Lot 412 DP 611276, 7 Ocean Street, Scotts Head
SUBMISSIONS RECEIVED/STAFF COMMENTS Four public submissions have been received. All oppose various aspects of the proposal · The submission requests that adequately sized guttering and stormwater drainage be installed due to the large size of the garage roof and the addition of the pergola roof. · Proposal will impose on neighbouring dwelling and will block the natural flow of the breeze · Proposal will overshadow neighbouring back yard making the area damp and mouldy · Proposal is too close to neighbouring boundary · Height of garage appears unnecessary for just housing a car. · Access issues will be created for an adjoining property · The access to the garage will cross over a right of footway
DA NO		DATE OF RECEIPT	PROPOSAL	PROPERTY DESCRIPTION
2015/055		27/04/2015	Dwelling-House and Detached Garage/Office	Lot 20 DP 841964, 6 Shores Close, Valla Beach
SUBMISSIONS RECEIVED/STAFF COMMENTS One public submission has been received. It opposes one aspect of the proposal · The objectors are concerned about stormwater impacts and want stormwater from the development to be appropriately diverted away from their property.

	Cats	Dogs
COUNCIL’S SEIZURE ACTIVITY
Seized (doesn’t include those animals dumped or surrendered)	0	0
Returned to Owner	0	0
Transferred to - Council's Facility from Seizure Activities	0	0
ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY
Animals In Council's Facility - (Start of Month)	0	6
Abandoned or Stray	1	9
Surrendered	0	0
Animals transferred from Seizure Activities	0	0
Total Incoming Animals	1	15
ANIMALS LEAVING COUNCIL'S FACILITY
Released to Owners	0	4
Sold	1	2
Released to Organisations for Rehoming	0	0
Died at Council's Facility(other than euthanased)	0	0
Stolen from Council's Facility	0	0
Escaped from Council's Facility	0	0
Other	0	0
EUTHANASED
Restricted Dogs		1
Dangerous Dogs		0
Owner’s Request	0	0
Due to Illness, Disease or Injury	0	1
Feral/infant animal	0	0
Unsuitable for rehoming	0	2
Unable to be rehomed	0	2
Total Euthanased	0	6
Total Outgoing Animals	0	12
TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)	0	3

April 2015		PARKING & OTHER
REGO NO.	PN NUMBER	INFRINGEMENT DETAILS	PENALTY $	DATE ISSUED
AD-54-CV	3106925333	Park longer than permitted	104.00	7/04/2015
ANE-80E	3106925342	Park longer than permitted	104.00	7/04/2015
BR-74-DR	3106925351	Park longer than permitted	104.00	7/04/2015
BN-09-TX	3106925360	Park longer than permitted	104.00	7/04/2015
AW-11-MX	3106925370	Park longer than permitted	104.00	7/04/2015
QQH-111	3106925389	Park longer than permitted	104.00	7/04/2015
BIM-33K	3106925398	No angle park as on parking control sign	104.00	7/04/2015
BL-04-AR	3106925407	No Parking	104.00	7/04/2015
TSS-748	3106925416	No angle park as on parking control sign	104.00	7/04/2015
BT-81-TF	3106925425	No Stopping	242.00	7/04/2015
AWA-63Q	3106925434	No angle park as on parking control sign	104.00	13/04/2015
QYC-861	3106925443	No angle park as on parking control sign	104.00	14/04/2015
BX-77-PT	3106925452	No angle park as on parking control sign	104.00	14/04/2015
QAF-830	3106925499	No angle park as on parking control sign	104.00	16/04/2015
YAS-889	3106925480	No Parking	104.00	16/04/2015
BN-38-JF	3106925461	No Parking	104.00	17/04/2015
5072 -TT	3106925470	No Stopping	242.00	20/04/2015
CSW-11Y	3106926561	No angle park as on parking control sign	104.00	28/04/2015
ATF-83E	3106926516	No angle park as on parking control sign	104.00	28/04/2015
AI-68-LW	3106926552	No angle park as on parking control sign	104.00	28/04/2015
BC-67-DR	3106926543	No angle park as on parking control sign	104.00	28/04/2015
LSS-77S	3106926534	No angle park as on parking control sign	104.00	28/04/2015
AZ-37-CT	3106926525	No angle park as on parking control sign	104.00	28/04/2015
YFJ-360	3106926507	No angle park as on parking control sign	104.00	28/04/2015
		TOTAL VALUE OF PENALTIES:	2772.00

1	14413/2015 - Response from Parliamentary Secretary for Transport and Roads
2	8896/2015 - Letter to Premier & Ors
3	4623/2015 - Response from Parliamentary Secretary
4	34567/2014 - Problems With Partial Acquisition Of Land By The RMS

1	14359/2015 - Hyland Park Cadastral
2	14360/2015 - Hyland Park Zoning
3	14378/2015 - Hyland Park Lot Values

Nambucca Heads	· Riverside Dr from intersection of Pacific Hwy to RSL carpark
	· Pacific Hwy – Bellwood Rd to Florence Wilmont Dr

Nambucca Heads	· Wellington Dr from the RSL carpark to the end of the V-Wall
	· Nambucca Plaza to Faringdon Playing Fields connection to Marshall Way from the Plaza completed
Macksville	· Pacific Hwy – Florence Wilmont Dr - Macksville via Nursery Rd and Bellevue Dr (Bellevue Dr & Newee Creek cycleway bridge completed).
	· River St from Pacific Hwy to Willis St

Nambucca Heads	· Old Coast Rd – Hyland Park Rd to Alexandra Dr
	· Hyland Park Rd (entire length)
Macksville	· Link on-road route encompassing Willis St, Boundary St, Wallace St and River St
	· Wallace St from Macksville CBD to future urban growth area of South Macksville
	· Nursery Rd to Old Coast Rd via the Pacific Hwy
	· Cycleways in the urban growth areas as outlined in DCP 17
Bowraville	· Link on-road route encompassing High St, Adam Ln and Herborn Stt
Scotts Head	· Scotts Head Rd from Grassy Head Rd to Hill St
	· Vernon St - Gloucester to West St
	· Gloucester St – Adin to Vernon St
	· Adin St and Short St to the Scotts Head Tourist Park
	· Adin St and West St from Gloucester St to Banksia Cres
	· West St from Vernon St to Adin St
Valla Beach	· Valla Beach Rd from the Pacific Hwy to South Valla Beach
	· Anderson Park from Max Graham Dr to Kuta Ave
	· Kuta Ave and Hibiscus Dr from Valla Beach Rd to Kuta Ave north
	· Kuta Ave to Cockburn St north through reserve
	· Ocean View Dr (entire length) from Valla Beach Rd to the Public Reserve

2015
MEETING	DATE	VENUE	COMMENCING
Ordinary Council Meeting	28/05/2015	Council Chambers	5.30 PM
Ordinary Council Meeting	11/06/2015	Council Chambers	5.30 PM
Access Committee	23/06 /2015	Council Chambers	2.00 PM
Ordinary Council Meeting	25/06/2015	Council Chambers	5.30 PM
Ordinary Council Meeting	16/07/2015	Council Chambers	5.30 PM
Access Committee	28/07/2015	Council Chambers	2.00 PM
Ordinary Council Meeting	30/07/2015	Council Chambers	5.30 PM
Ordinary Council Meeting	13/08/2015	Council Chambers	5.30 PM
Access Committee	25/08/2015	Council Chambers	2.00 PM
Ordinary Council Meeting	27/08/2015	Council Chambers	5.30 PM
Ordinary Council Meeting	10/09/2015	TBA	5.30 PM
Access Committee	22/09/2015	Council Chambers	2.00 PM
Ordinary Council Meeting	24/09/2015	TBA	5.30 PM
Ordinary Council Meeting	15/10/2015	TBA	5.30 PM
Access Committee	27/10/2015	Council Chambers	2.00 PM
Ordinary Council Meeting	29/10/2015	TBA	5.30 PM
Ordinary Council Meeting	12/11/2015	Council Chambers	5.30 PM
Vehicular Access to Beaches	13/11/2015	Council Chambers	1.30 PM
Ordinary Council Meeting	26/11/2015	Council Chambers	5.30 PM
Ordinary Council Meeting	17/12/2015	Council Chambers	5.30 PM

1	13918/2015 - WS TBL 2013-14 NAMBUCCA
2	13919/2015 - SGE TBL 2013-14 NAMBUCCA
3	13921/2015 - WS Action Plan 2013-14 - Nambucca Shire Council
4	13922/2015 - SGE Action Plan 2013-14 - Nambucca Shire Council

1	13255/2015 - Sketch plan of Proposed Road Closure
2	14513/2015 - 2014 Survey of 344 Williams Hill Road Talarm

1	1891/2013 - Copy of Bowraville Off River Storage Adaptive Management Strategy issued by GHD June 2012.
2	14830/2015 - PDF - Approved Surface Water Licence No 30SL067140 for Water Supply Dam, Bowra Creek, Missabotti Lots 3, 4 and 6 DP 1076377

1

November 2007