MINUTES Ordinary Meeting 27 April 2011 - bellingen.nsw.gov.au · BELLINGEN SHIRE COUNCIL – MINUTES - ORDINARY MEETING OF COUNCIL 27 APRIL, 2011 MINUTES: Ordinary Meeting of Council

BELLINGEN SHIRE COUNCIL

MINUTES

Ordinary Meeting Wednesday 27 April, 2011

MISSION:

To enhance our community's lifestyle and protect our unique environment through

effective leadership, community involvement and commitment to service

BELLINGEN SHIRE COUNCIL – MINUTES - ORDINARY MEETING OF COUNCIL 27 APRIL, 2011

MINUTES: Ordinary Meeting of Council held in the Council Chambers, Bellingen on Wednesday 27 April 2011 commencing at 9.00am. PRESENT: Councillors Gordon Braithwaite, Kerry Child, Ian Coe, Bruce Cronin, David Scott, Sean Tuohy and Mark Troy (Mayor).

IN ATTENDANCE: Liz Jeremy, General Manager, Peter Wilson, Director Corporate Services, Warwick Knight, Acting Director Engineering & Operations, Gary Farrell, Acting Director Environmental Health & Planning and Louise James, Executive Assistant.

1. APOLOGIES

NIL

2. DECLARATION OF INTEREST NIL

3. CONFIRMATION OF MINUTES 03.005/11

RESOLVED (Cr Braithwaite/Cr Child) That the Minutes of the Ordinary Meeting held on Wednesday 23 March 2011 be confirmed UNANIMOUS 03.006/11

RESOLVED (Cr Tuohy/Cr Braithwaite) That the Minutes of the Works Committee Meeting held on Monday 4 April 2011 be confirmed UNANIMOUS

4. MATTERS ARISING Cr Child – Item 10.2 – Proposed Removal of Trees along Karabin Street, Dorrigo. Has the Garden Club been consulted? Acting Director of Engineering & Operations advised that the matter had not progressed.


TABLE OF CONTENTS

TABLE OF CONTENTS.................................................................................................................3

4. PUBLIC ACCESS/PRESENTATIONS .......................................................................................5

5. MAYORAL MINUTE ..................................................................................................................7

6. NOTICE OF MOTION ................................................................................................................9

7. REPORTS BY GENERAL MANAGER.....................................................................................11

7.1 SHIRES ASSOCATION OF NSW – 2011 CONFERENCE ....................................................................... 11 7.2 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT – A ROLE FOR COUNCILS............... 13

8. REPORTS BY DIRECTOR OF ENVIRONMENTAL HEALTH AND PLANNING.......................17

8.1 LOCAL APPROVALS POLICY – LIQUID TRADE WASTE – REVIEW- .................................................... 17 8.2 EXTENSION TO DORRIGO STADIUM FOR SPORT CLUBHOUSE- CEDAR STREET DORRIGO ........ 20

9. REPORTS BY DIRECTOR OF CORPORATE SERVICES ......................................................32

9.1 ADOPTION OF DRAFT FIVE YEAR ECONOMIC AND TOURISM DEVELOPMENT PLAN..................... 32 9.2 COMPULSORY ACQUISITION OF PART OF COUNCIL OWNED LAND AT 2 FERRY STREET URUNGA ................................................................................................................................................. 35 9.3 DRAFT CLARENCE REGIONAL LIBRARY SERVICE AGREEMENT 2011-2017.................................... 39 9.4 REGIONAL DEVELOPMENT AUSTRALIA FUND ................................................................................... 43

10. REPORTS BY DIRECTOR OF ENGINEERING AND OPERATIONS ....................................51

10.1 HUNGRY HEAD ROAD TOURIST DRIVE.............................................................................................. 51 10.2 PROPOSED ROAD CLOSURE – NAMBUCCA STREET URUNGA ........................................................ 53

11. REPORTS FROM COUNCIL COMMITTEES .........................................................................56

12. MINUTES FROM ADVISORY COMMITTEES ........................................................................58

12.1 MINUTES – BELLINGEN SHIRE ENVIRONMENT ADVISORY COMMITTEE – 5 APRIL 2011 ............... 58 12.2 MINUTES – BELLINGEN SHIRE COUNCIL LOCAL TRAFFIC COMMITTEE – MARCH 2011 ............... 60

13. CORRESPONDENCE............................................................................................................62

14. AUTHORITY TO AFFIX THE COMMON SEAL OF COUNCIL FOR ITEMS NOT INCLUDED

IN REPORTS ................................................................................................................64

15. ITEMS FOR INFORMATION..................................................................................................66

15.1 DEVELOPMENT APPLICATION PROCESSING REPORT ..................................................................... 66 15.2 REPORT ON INVESTMENTS AS AT 31 MARCH 2011 ........................................................................... 68

16. MATTERS OF AN URGENT NATURE...................................................................................71

17. QUESTIONS WITH NOTICE..................................................................................................73

18. COMMITTEE OF THE WHOLE..............................................................................................75

19. REPORT ATTACHMENTS ....................................................................................................78


4. PUBLIC ACCESS/PRESENTATIONS


4. PUBLIC ACCESS/PRESENTATIONS

NIL


5. MAYORAL MINUTE


5. MAYORAL MINUTE NIL


6. NOTICE OF MOTIONS


6. NOTICE OF MOTION

NIL


7. REPORTS BY GENERAL MANAGER


7. REPORTS BY GENERAL MANAGER

7.1 SHIRES ASSOCATION OF NSW – 2011 CONFERENCE

File/Index: Conferences (Government Relations) - LGSA

Author: Liz Jeremy, General Manager

REPORT SUMMARY:

To advise Councillors of the Shires Association of NSW Annual Conference 2011 and to determine attendees to the conference from Bellingen Shire Council.

REPORT DETAIL:

The 2011 Shires Association Conference “Modernisation – its our time” will be held in Sydney from May 30 to June 1, 2011 at the Sofitel Wentworth Hotel. The conference will focus on change and improvement for the benefit of Local Communities.

It is considered appropriate that the Mayor and General Manager should attend along with other interested Councillors. Information regarding the conference can be found at www.shiresconference.lgsa.org.au

BUDGETARY IMPLICATIONS:

Provision has been made in the budget for the Mayor, General Manager and interested Councillors to attend the conference.

CONSULTATION:

The Mayor was consulted in relation to this report.

OFFICERS RECOMMENDATION:

(1) That the Mayor and General Manager be authorised to attend the Shires Association Conference in Sydney on 30 May to 1 June, 2011

(2) That Council determine which interested Councillors should attend the conference

ATTACHMENTS:

There are no attachments for this report


07.001/11

RESOLVED (Cr Scott/Cr Cronin) (1) That the Mayor and General Manager be authorised to attend the Shires Association

Conference in Sydney on 30 May to 1 June, 2011

(2) That Council determine which interested Councillors should attend the conference

(3) Interested Councillors to advise the General Manager within 2 weeks to confirm their attendance

UNANIMOUS


7.2 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT – A ROLE FOR COUNCILS

File/Index: Australian Local Government Association (Government Relations)

Author: Liz Jeremy, General Manager

REPORT SUMMARY:

This report outlines a proposed process to support the Australian Local Government Association’s campaign for a referendum on the constitutional recognition of Local Government.

REPORT DETAIL:

Council is in receipt of correspondence from the President of the Australian Local Government Association (ALGA), Mayor Genia McCaffery, in relation to the role of Councils in terms of Constitutional recognition of Local Government. A copy of the correspondence is attached.

The advice indicates that

• following the 2010 Federal Election the Prime Minister, Julia Gillard committed to holding a dual referendum on the constitutional recognition of local government and the constitutional recognition of Indigenous Australians

• the referendum will most likely be held in conjunction with the 2013 Federal Government election

• the case for Constitutional reform was highlighted by a 2009 Court case (Pape v Federal Commissioner of Taxation) which set out the limitations of the Australian Government’s powers

• it is in the best interests for local communities that Federal Governments (regardless of their political persuasion) have the capacity to fund Council’s directly to achieve national objectives

• the ALGA’s preference is for a simple change to the Constitution which would allow direct funding to continue and that the ALGA will consider recognition of local government in a Preamble to the Constitution if one is proposed but such limited recognition would not meet local government’s requirements and address the uncertainty highlighted by the Pape case

• The form of financial recognition of local government proposed by the ALGA, which will not impact on the relationship between Council’s and state governments, has already been endorsed by all state and territory local government associations.


Proposed way forward:

The ALGA

1. is asking Council’s to endorse the position that a referendum be held by 2013 to change the Constitution to allow direct funding of local government bodies by the Commonwealth Government and also to include local government in any new Preamble to the Constitution if one is proposed

2. propose that a Constitutional Declaration for Council’s will be submitted for signature by Council representatives at the conclusion of the 2011 National General Assembly of Local Government on 22 June 2011

3. is asking Council’s to write to the Prime Minister, Leader of the Opposition and Local Members of Parliament to advise them of Council’s support for recognition.


Constitution reform has long term financial implications for local government, as outlined in this report. There are however no specific budgetary implications associated with this step in the process.

SUSTAINABILITY ASSESSMENT:

Constitutional reform for local government will facilitate a stronger nexus in terms of funding and delivering outcomes of importance to local communities.

CONSULTATION:

The ALGA has consulted widely in terms of constitutional recognition over a long period of time.

OFFICER’S RECOMMENDATION:

(1) That Bellingen Shire Council declares its support for financial recognition of local government in the Australian Constitution so that the Federal Government has the power to fund local government directly and also for inclusion of local government in any new Preamble to the Constitution if one is proposed, and calls on all political parties to support a referendum by 2013 to change the Constitution to achieve this recognition.

(2) That Council write to the Prime Minister, The Leader of the Opposition, and Local Members of Parliament advising them of Council’s support for recognition.

ATTACHMENTS:

7.2.A Letter from ALGA – Constitutional Recognition of Local Government (DWS 237585)


07.002/11

RESOLVED (Cr Braithwaite/Cr Tuohy) (1) That Bellingen Shire Council declares its support for financial recognition of local

government in the Australian Constitution so that the Federal Government has the power to fund local government directly and also for inclusion of local government in any new Preamble to the Constitution if one is proposed, and calls on all political parties to support a referendum by 2013 to change the Constitution to achieve this recognition.

(2) That Council write to the Prime Minister, The Leader of the Opposition, and Local Members of Parliament advising them of Council’s support for recognition.

UNANIMOUS

BELLINGEN SHIRE COUNCIL – AGENDA - ORDINARY MEETING OF COUNCIL 27 APRIL, 2011

Page 16 of 78

8. REPORTS BY DIRECTOR OF ENVIRONMENTAL HEALTH AND PLANNING


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8. REPORTS BY DIRECTOR OF ENVIRONMENTAL HEALTH AND PLANNING

8.1 LOCAL APPROVALS POLICY – LIQUID TRADE WASTE – REVIEW-

File/Index: Review of Local Approvals Policy – Liquid Trade Waste (Liquid Trade Waste Policy [Water and Sewer)

Author: W Fisher, Environmental Health Officer

REPORT SUMMARY:

Council’s current Liquid Trade Waste Policy was adopted on 8 July 2003 and amended in 2005.

The Model Liquid Trade Waste Policy has since been updated by the former NSW Department of Water and Energy (now the NSW Office of Water). Whilst the contents are basically the same as the previous version upon which Council’s Policy was based the format has changed. The NSW Office of Water has requested that all Local Water Utilities (LWU’s) adopt a policy based on the 2009 Model Policy, by June 2011.

It should also be noted that regulation of Liquid Trade Waste has a shared responsibility – Council’s Engineering Department manages the inspection program and the Environmental Health Section manages the regulatory process.

REPORT DETAIL:

The Local Approvals Policy – Liquid Trade Waste sets out the LWU’s policy for the approval, monitoring and pricing of liquid trade waste discharged to its sewerage system.

This will ensure the trade waste does not:

• adversely impact on the sewage treatment works processes

• compromise worker health and safety

• cause damage to the LWU’s infrastructure and assets

• significantly increase maintenance cost of the LWU’s infrastructure

• result in sewer chokes and blockages

• cause significant sewage odour complaints

• adversely affect the environment

• cause harm to public health and safety

• compromise opportunities for water recycling and biosolids reuse.

Council’s Management Plan requires that Council develop a Liquid Trade Waste audit program and implement it. In order to carry out such implementation, a Local Approvals Policy for Liquid Trade Waste is required.

The changes to the 2005 Model Policy are minimal, but Council has been requested to adopt the 2009 Model Policy, in order to align with The National Framework for Wastewater Source Management.


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The changes include:

• Reference to Legislation – updated Local Government (General) Regulation 2005 (page i – Purpose of this policy).

• A change in the definition of “Liquid Trade Waste” – page 2. “Liquid Trade Waste” under the model policy means a liquid waste other than sewage of a domestic nature (original definition was – “Liquid trade or factory wastes or chemical or other impurities from any business, trade or manufacturing premises other than domestic sewage from hand wash basin, shower bath or toilet. It also excludes stormwater or unpolluted water”).

• Amendments to Part 1 of the Policy – Table of Exemptions has been amended (page 7)

• Amendments to Part 2 of the Policy – an amendment to Guideline Limits (discharge); and prohibitions added to the list of prohibited substances (page 9)

• Amendments to Part 3 of the Policy (page 16) – the format has been amended and includes – 3.1 NSW Framework for regulation of sewage and trade waste; 3.2 Alignment with the national framework for wastewater source management; 3.3 Application procedures; 3.5 Concurrence of the Department of Water and Energy; 3.6 Liquid trade waste charging categories; 3.7 Liquid trade waste fees and charges; 3.7.5 Excess mass charges; 3.7.10 Responsibility for payment of fees and charges

• Attachment 2 – amended to include the provisions of the Local Government (General) Regulation 2005 in regard to acceptance of liquid trade waste into the sewerage system (pages 49/50)

Note – a copy of the original policy will be tabled at the meeting for reference.


The Finance Manager and the Manager Water and Sewer have been involved with the preparation of the draft fees and charges to be considered as part of the draft 2011/2012 budget process. It is anticipated that the Liquid Trade Waste Program will be self-funding.


The Liquid Trade Waste program was initially developed to ensure that discharges to Council’s sewerage system were of an appropriate quality to limit/manage the physical impact on infrastructure, limit the potential for gas build-up, protect the health of staff and the community and protect the environment.

The program will limit the potential physical damage to Council’s sewerage infrastructure and thus extend the life of the infrastructure, thus benefiting Council’s management of infrastructure capital costs.

The policy will likely provide improved environmental outcomes by regulating trade waste discharge to the sewer, satisfy OH&S requirements and limit significant future infrastructure costs resulting from chemical discharges.


Page 19 of 78

CONSULTATION:

As previously stated, this program has a shared responsibility, thus consultation has occurred with staff in both the Engineering Department and Finance Section.

The proposed Policy is to be placed on public exhibition for a period of 28 days, with submissions being received up to 42 days from the date of initial exhibition, as required by Section 160 of the Local Government Act 1993 – “Public Notice and exhibition of draft local policy”.


(1) That the draft Local Approvals Policy – Liquid Trade Waste, be placed on public exhibition for a period of 28 days;

(2) That submissions be received up to 42 days from the date of initial exhibition.

ATTACHMENTS:

8.1.A. Draft Local Approvals Policy – Liquid Trade Waste (TO BE TABLED) (DWS 242800) and the Liquid Trade Waste Policy 6 September 2005 (TO BE TABLED)

08.014/11

RESOLVED (Cr Braithwaite/Cr Child) (1) That the draft Local Approvals Policy – Liquid Trade Waste, be placed on public

exhibition for a period of 28 days;

(2) That submissions be received up to 42 days from the date of initial exhibition

UNANIMOUS


Page 20 of 78

EXTENSION TO DORRIGO STADIUM FOR SPORT CLUBHOUSE- CEDAR STREET DORRIGO

File/Index: 2010/AF-002: Extensions to Dorrigo Stadium

Author: Gary Farrell, Senior Health and Building Surveyor

REPORT SUMMARY:

This report provides an assessment of a modification to Development Consent 2010/DA-002 for extensions to Dorrigo Stadium at Lot 7012 DP 94092 Cedar St Dorrigo, and makes a recommendation for the Council to determine the subject application.

Section 96 of the Environmental Planning and Assessment Act requires Council to take into consideration various matters when assessing a Modification Application. These include various environmental, social and economic issues. The issues of relevance to the subject application are considered in this report.

REPORT DETAIL:

Application No: 2011/MD-006

Approved Development Extension to ‘Dorrigo Stadium’ for Sport Clubhouse

Proposed Modification Increase in floor area and variation of condition of consent re: floor level

Subject Land: Lot 7012 DP 94092, Cedar Street, Dorrigo

Applicant: Dorrigo Recreation Ground Trust

Zone: Zone No. RE1 Public Recreation under the provisions of Bellingen Local Environmental Plan 2010

Locality Plan:

Subject site


Page 21 of 78

BACKGROUND:

At its Ordinary meeting of the 28th April 2010 Council resolved to grant consent to an extension to ‘Dorrigo Stadium’ for a Sport Clubhouse. The consent included a condition requiring the floor of the building to be at a specified level having regard to flood impacts.

THE SITE:

The location of the proposed building is on the western side of the ‘Dorrigo Stadium’ buildings facing the Sport and Recreation Ground. This Public Recreation area is used for a variety of local sporting activities such as cricket, rugby union and soccer.

The land is under the ownership of the Crown, it is managed by the Dorrigo Reserve Trust and is maintained by Council.

The land is flood prone and the proposed extension is located within a floodway as identified in the Dorrigo Flood Study.

THE PROPOSAL:

The applicant is seeking a modification to Condition No: 5 of the development consent pursuant to section 96(1A) of the Environmental Planning and Assessment Act. The modification seeks to;

1. Vary Condition 5 which states;

“The floor level of the building shall be established at 720 metres AHD (Australian Height Datum). This must be determined prior to placement of concrete for foundations by a practising registered surveyor.

[To mitigate flooding impacts] ”

The applicant is requesting that Council consent to the floor level being 719 metres AHD and has submitted a letter supporting this. The letter addresses the impact of the extension’s roof on natural light within the stadium, the impracticality of access for people with disabilities due to the length of the necessary ramp and consideration of the flood classification.

2. Increase the size of the internal section of the extension from 144m2 to 216 m2 to enlarge the change room areas.

SECTION 96 (1A) CONSIDERATIONS - MODIFICATIONS INVOLVING MINIMAL ENVIRONMENTAL IMPACT

Pursuant to Section 96 of the Environmental Planning and Assessment Act, 1979, Council may modify a Development Consent if it is satisfied that the following criteria have been met:

(a) The proposed modification is of minimal environmental impact

Comment:

It is not considered that the lowered floor level will have any significant environmental impact in relation to flood management and falls within the criteria required by Chapter 8 of Council’s Development Control Plan, Flood and Riverine Processes. The increased floor area also has no additional environmental impact.


Page 22 of 78

(b) The proposed development is substantially the same development as the development for which the Development Consent was originally granted and before that consent was modified.

Comment:

The extensions are essentially the same layout as approved although increased in area by 72 square metres to improve internal spaces and with a lowered floor level to facilitate access and maintain natural light into the stadium.

(c) The application has been notified in accordance with Council’s Development Control Plan (DCP)

Comment:

In accordance with the Development Control Plan the application was not required to be notified.

(d) Consideration of any public submissions received

Comment:

Not applicable as the application was not notified.

SECTION 96 (3) CONSIDERATIONS

Council must take into consideration any matters under Section 79C (1) of the Environmental Planning and Assessment Act, 1979 that are of relevance to the application. These are addressed as follows:

SECTION 79C(1)(a)(i) - ANY ENVIRONMENTAL PLANNING INSTRUMENT

Bellingen Local Environmental Plan 2010:

Land Use Table

The land is zoned RE1 Public Recreation. The proposal is defined as a community facility which is permissible with consent in the subject zone.

The proposed use is consistent with zoning objectives, as reproduced below;

Objectives of zone

• To enable land to be used for public open space or recreational purposes.

• To provide a range of recreational settings and activities and compatible land uses.

• To protect and enhance the natural environment for recreational purposes.

Clause 7.3 Flood Planning

The subject site is flood prone, accordingly this clause must be considered.

The objectives of this clause are as follows:


Page 23 of 78

(a) to minimise the flood risk to life and property associated with the use of land,

(b) to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,

(c) to avoid significant adverse impacts on flood behaviour and the environment.

Development consent must not be granted to development on land to which clause 7.3 applies unless the Council is satisfied that the development:

(a) is compatible with the flood hazard of the land, and

(b) will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c) incorporates appropriate measures to manage risk to life from flood, and

(d) will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

The above listed objectives have been carefully considered. It is considered that the variation of the floor level will have minimal adverse impact on the environment or on flood behaviour. It will enable a sought after community facility to be constructed, without imposing unsustainable costs resulting from floods on the community.

State Environmental Planning Policies:

There are no State Environmental Planning Policies relevant to this proposal.

SECTION 79C(1)(a)(ii) – ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT

There are no draft environmental planning instruments relevant to this proposal.

SECTION 79C(1)(a)(iii) – ANY DEVELOPMENT CONTROL PLAN

Bellingen Shire Development Control Plan 2010:

Chapter 8 – Flood and Riverine Processes

The site of the addition is classified in the Dorrigo Flood Study as floodway in a 1 in 100 year flood event (1% AEP). It should be noted however that the stadium building to which it will be attached appears to be on the boundary of the floodway and the flood fringe.

Clause 8.10.2 states that the floor level of new non-habitable development shall have a floor level equal to or above the General Flood Planning Level (GFPL) however, also provides that the floor level requirements may be lowered where it can be demonstrated that it is not practical to build at a higher level.

In this case the GFPL has been specified as 720 metres AHD. The applicant is requesting that Council allow the floor level to be 719 metres AHD. The proposed floor level will be approximately 220mm above the floor level of the stadium. The Secretary of the Dorrigo


Page 24 of 78

Reserve Trust has advised that the Stadium has not been inundated by any flood event since its construction in 1993.

The request for the lower level is based on two areas of impracticality:

1) One relates to the resultant impact should the extension be higher. Translucent wall sheeting runs the length of the northern elevation of the Stadium. This sheeting provides natural light into the Stadium to obviate the need for artificial lighting. If the extension was erected with a floor level of 720 metres it’s roof would cover the greater part of the translucent sheeting. Locating the floor at the 719 metres level would leave the translucent sheeting unobstructed.

2) The second area of impracticality relates to the accessibility of the extension for people with disabilities. Condition 4 of the consent required that a unisex toilet be provided within the extension. To this end an accessible ramp was proposed to gain access to the building. To construct a compliant ramp to the required floor level would necessitate a ramp of approximately 28 metres in length. Whilst this is achievable it is not considered practical in terms of actual travel for a person with disabilities and also in terms of location, as it would need to extend some distance into the adjoining car park area. If the floor level was 719 metres, an accessible ramp could easily be provided to the southern end of the extension. The ramp would have a length of approximately 13 metres.

In terms of flood impacts the 719 metres level equates to the Conceded Flood Planning Level which is 500mm below the 1 in 100 year flood event. Therefore should such an occurrence take place 500mm of water would enter the extension. It should be noted that at that stage over 700mm of water would have entered the Stadium.

In assessing the applicant’s request to vary the floor level the nett public benefit of the development was considered. In this respect the provision of a practical access ramp and maintenance of natural light to the stadium are considered to be of sufficient merit to allow a variation to the floor level. It is not considered that the reduced floor level presents any increase in risk to life of users of the extension. Notwithstanding this a Flood Management Strategy will be required in accordance with Appendix 8.7 of Bellingen Shire Development Control Plan 2010. Further to this, to minimise potential damage to the extension flood proofing measures will be required to be incorporated in the extension as specified in Appendix 8.5 Flood Proofing Guidelines of Bellingen Shire Development Control Plan 2010. Additionally storage above he General Flood Planning Level will be required.

Chapter 14 – Equity of Access

As discussed above access and facilities will be available to and within the extension.

SECTION 79C(1)(a)(iiia) – ANY PLANNING AGREEMENT OR DRAFT PLANNING AGREEMENT UNDER SECTION 93F

Not applicable

SECTION 79C(1)(a)(iv) – ANY MATTERS PRESCRIBED BY THE REGULATIONS

Not applicable


Page 25 of 78

SECTION 79C(1)(b) – THE LIKELY IMPACTS OF THAT DEVELOPMENT

The increased risk of flood impacts associated with reduced floor level is the only negative aspect to the modification to the development. The provision of a Structural Engineer’s report on the adequacy of the building to withstand flood forces, as required in Condition 3 of the Consent and the requirements for a flood management strategy and flood proofing will minimise this impact.

SECTION 79C(1)(c) – THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT

The reduced floor level is more compatible to the site conditions in terms of access and natural light to the Stadium.

SECTION 79C(1)(d) – ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR THE REGULATIONS

The application was not notified to adjoining owners.

SECTION 79C(1)(e) – THE PUBLIC INTEREST

It is considered to be in the public interest to provide practical access and maintain natural light to the Stadium.

Climate Change Impacts

Whilst it is acknowledged that climate change can impact on flood events and their frequency, it is considered that the safeguards referred to under “Likely Impacts” should minimise adverse impacts.

SECTION 79BA – BUSHFIRE

The land is not designated as bush fire prone.

ANY OTHER RELEVANT LEGISLATION/ MATTER

Internal Referrals

The application was referred to Council’s Manager of Buildings and Services. His reply and comments addressing his concerns are provided below.

I have had a look at the site of the proposed extension at The Dorrigo Recreation ground. There are a couple of concerns.

1. If you are confident about the finished floor level in relation to local flooding, then I will go along with that. However I think we need to indemnify ourselves in case there is ever a flood event that may inundate the building. They should also be responsible for any repairs caused by flooding.

Comment: The issue of indemnity was discussed and it was agreed that the requirement for a Flood Management Strategy and the use of flood compatible materials would be sufficient measures to safeguard Council in the event of flooding.

2. From my observation, it appears that the storm water runs out from under the building and across the ground. There is a pit out in the field at present that looks as though it will end up under the verandah. This will need to be removed and the stormwater line constructed so that it cannot surcharge under the verandah. In order for stormwater to drain off the ground, it will be necessary to install an inlet further


Page 26 of 78

down the line. The club will be responsible for all costs associated with alterations to Council's existing infrastructure.

Comment: An appropriate condition will be applied to the modification in view of the extension of the building and the lower floor level, requiring that the applicant carry out the necessary works at no cost to Council.

3. According to a water services plan that I have it appears that the water main misses the Stadium. However, it also shows the two standpipe connections in the carpark. There is obviously the standpipe connection in the Reserve itself. The water main may miss the stadium, but the extensions look as if they COULD be over or just about over the main. As I am not sure of the depth of the main obviously care should be taken with any excavation for footings or stump pads. The club needs to talk to Council’s Manager of Water and Sewer prior to commencement of work to determine the exact location of the water main and if it can be built and if that section is classed as a main.

Comment: An appropriate condition will be applied to the modification requiring the applicant to liaise with Council’s Manager of Water and Sewer and carry out any necessary diversion work at no cost to Council.


There are no budgetary implications for Council. All costs associated with the development are borne by the applicant.


The development is not considered to compromise principles of Ecologically Sustainable Development (ESD) as discussed below:

(a) Precautionary Principle: The proposed lower floor level has been considered in terms of the precautionary principle and not deemed to represent any serious environmental threat.

(b) Intergenerational Equity: The extensions to the stadium will assist future generations by providing a community sporting facility which will enhance the use of the recreation reserve and thus improve opportunities for healthy lifestyle.

(c) Conservation of Biological Diversity and Ecological Integrity: This development has minimal impact on these issues.

(d) Improved Valuation, Pricing and Incentive Mechanisms: The extensions are to be erected at no cost to Council. The building works will have to comply with the energy efficiency provisions of section J of the Building Code of Australia. The development generally meets the objectives of this consideration.

CONSULTATION:

The applicant, Council’s Director of Environmental Health and Planning, the Manager for Buildings and Services and the Manager of Water and Sewer have been consulted in assessing this proposal.


Page 27 of 78

CONCLUSION:

All relevant matters under Section 96 of the Environmental Planning and Assessment Act 1979 have been carefully considered and discussed in the foregoing report, and the proposed modification is considered to be a reasonable proposition with minimal adverse impacts envisaged.


(1). That the application to modify the development consent pursuant to Section 96(1)A of the Environmental Planning and Assessment Act 1979, be approved subject to the following schedule:

A. Condition 1 be amended to reflect the new plans of the proposal

B. Condition 5 be varied to read:

The floor level of the building shall be established at 719 metres AHD. This must be determined prior to placement of concrete for foundations by a practising registered surveyor.

[To mitigate flooding impacts]

C. The following additional conditions be imposed on the Consent:

• The stormwater pit which would be located under the proposed extension must be removed or suitably sealed and a new grated inlet pit installed in the stormwater drain in an approved position to receive surface waters. Such work shall be carried out at no cost to Council.

[To ensure suitable stormwater drainage]

• Prior to commencement of work the applicant must liaise with Council’s Manager of Water and Sewer with regard to the water pipeline serving the two hydrants in the Recreation Reserve. Should the pipeline require relocation such work shall be carried out by a licensed plumber at no cost to Council, to the satisfaction of the Manager of Water and Sewer.

[To ensure protection of Council assets]

• Pursuant to Clause 8.9.2 of the Bellingen Shire Development Control Plan 2010 (DCP2010) a Flood Management Strategy must be submitted and approved by the Director of Environmental Health and Planning prior to the issue of an Occupation Certificate for the extension. The Flood Management Strategy must be prepared in accordance with the provisions of Appendix 8.7 Flood Management Requirements of DCP2010.

[To minimise risk to life and property]

• Pursuant to Clause 8.9.2 of the Bellingen Shire Development Control Plan 2010 (DCP2010) the extension must meet the following flood proofing requirements;

(a) Building services and materials must be flood compatible in accordance with Appendix 8.5 Flood Proofing Guidelines of DCP 2010.

(b) A storage area of at least 20% of the final floor area must be provided at or above the General Flood Planning Level (ie 720 metres AHD)

Details of the means of complying with these requirements must be submitted for approval prior to the issue of a Construction Certificate.



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(2). That the Modified Consent be issued with the conditions of consent set out as follows and the reasons for imposition of the conditions are shown in brackets at the end of each condition:

CONDITIONS OF DEVELOPMENT CONSENT

PLANNING CONDITIONS

1). The development shall be carried out in accordance with the approved plans attached to this consent and as amended by the following conditions. The approved plans and other documents are endorsed with a Council stamp and authorised signature. A copy of this consent and approved plans are to be kept on site at all times while work is being undertaken.

PLANS 2010/AF-002/5 and 2010/AF-002/6

[To ensure the legality of the development]

[Amended by modification 2011/MD-006 dated 27 April 2011]

2). All building works must be carried out in accordance with the provisions of the Building Code of Australia.

[To ensure the work is carried out to an acceptable standard and in accordance with the State’s Building Code]

3). Prior to the release of the Construction Certificate the following information is required;

• Full specifications for building works including detailed drawings for the accessible ramp that is required for access to the building for people with disabilities.

• A structural engineer’s report certifying that the structure can withstand the force of floodwater, debris and buoyancy in a Probable Maximum Flood event and that cladding and other non-structural components are designed to cater for the force of floodwater, debris and buoyancy up to the General Flood Planning Level (GFPL).

[To ensure sufficient detail is provided to Council for the assessment of the Construction Certificate]

4). The building shall be provided with a unisex disabled toilet in accordance with Council’s Development Control Plan No.17 – Equity of Access. Details shall be provided prior to Council issuing the Construction Certificate.

[Equity of Access]

5). The floor level of the building shall be established at 719 metres AHD. This must be determined prior to placement of concrete for foundations by a practising registered surveyor.

[To mitigate flooding impacts]

[Amended by modification 2011/MD-006 dated 27 April 2011]

6). No access shall be constructed or permitted through the existing stadium building to the proposed development.

[To separate building function and use]


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7). All roof and surface storm water is to be discharged on site in a nuisance free manner.

[To ensure adequate stormwater disposal]

8). The building shall be finished in colours that are compatible with the stadium building and that do not detract from the amenity of the area.

[To protect visual amenity]

9). Whilst the Dorrigo Cricket Club and Dorrigo Rugby Union Club remain affiliated and are active they shall be solely responsible for the maintenance of the subject building.

[To necessitate the continual maintenance of the building]

10) Works associated with the sewerage drainage must be carried out by a suitably qualified person in accordance with this approval, relevant guidelines and Australian Standards.

It is the responsibility of the applicant for approval to notify the person doing the work of all conditions relating to the work and inspection requirements for drainage.

The following work must be inspected and approved by Council. Generally 48 HOURS PRIOR NOTICE is required to permit inspection.

• Sewer drainage prior to backfilling of trenches.

[To ensure the system is properly installed and maintained].

11) All plumbing work shall be carried out by a Licensed Plumber and drainer and in accordance with Australian Standard AS 3500 and NSW Variations.

[To ensure compliance with relevant standards]

12) The stormwater pit which would be located under the proposed extension must be removed or suitably sealed and a new grated inlet pit installed in the stormwater drain in an approved position to receive surface waters. Such work shall be carried out at no cost to Council.

[To ensure suitable stormwater drainage] [Added by Modification 2011/MD-006 dated 27 April 2011]

13) Prior to commencement of work the applicant must liaise with Council’s Manager of Water and Sewer with regard to the water pipeline serving the two hydrants in the Recreation Reserve. Should the pipeline require relocation such work shall be carried out by a licensed plumber at no cost to Council, to the satisfaction of the Manager of Water and Sewer.

[To ensure protection of Council assets] Added by modification 2011/MD-006 dated 27 April 2011

14) Pursuant to Clause 8.9.2 of the Bellingen Shire Development Control Plan 2010 (DCP2010) a Flood Management Strategy must be submitted and approved by the Director of Environmental Health and Planning prior to the issue of an Occupation Certificate for the extension. The Flood Management Strategy must be prepared in accordance with the provisions of Appendix 8.7 Flood Management Requirements of DCP2010.



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Added by modification 2011/MD-006 dated 27 April 2011

15) Pursuant to Clause 8.9.2 of the Bellingen Shire Development Control Plan 2010 (DCP2010) the extension must meet the following flood proofing requirements;

(a) Building services and materials must be flood compatible in accordance with Appendix 8.5 Flood Proofing Guidelines of DCP 2010.

(b) A storage area of at least 20% of the final floor area must be provided at or above the General Flood Planning Level (ie 720 metres AHD)

Details of the means of complying with these requirements must be submitted for approval prior to the issue of a Construction Certificate.

[To minimise risk to life and property] [Added by modification 2011/MD-006 dated 27 April 2011]

ATTACHMENTS:

8.2.A Plans of proposed development (DWS 242974)

08.015/11

RESOLVED (Cr Scott/Cr Child) That the recommendation be adopted.

DIVISION:

For – Cr Braithwaite, Cr Child, Cr Coe, Cr Cronin, Cr Scott, Cr Tuohy, Cr Troy

Against - Nil


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9. REPORTS BY DIRECTOR OF CORPORATE SERVICES


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9. REPORTS BY DIRECTOR OF CORPORATE SERVICES

9.1 ADOPTION OF DRAFT FIVE YEAR ECONOMIC AND TOURISM DEVELOPMENT PLAN

File/Index: Planning (Economic Development)

Author: Peter Wilson, Director of Corporate Services

REPORT SUMMARY: The Economic and Tourism Development Plan has been developed in partnership with the Bellingen, Dorrigo and Urunga/Mylestom Chambers of Commerce and the NSW Department of Industry and Investment. Mr Albert Stafford of the Stafford Group was commissioned to prepare the plan and the plan has been well received by all parties and is now ready to be adopted by Council, prior to it going on public exhibition. REPORT DETAIL: The Plan has looked extensively into all aspects of economic life within the Shire. It provides an overview of economic activities and identifies opportunities which have arisen from the investigation carried out during the development of this plan. Executive Summary Bellingen Shire Council is well positioned to maximise the opportunities from economic development initiatives over the next five years. The following highlights those economic development and tourism specific initiatives which should be priorities for each of the Chambers of Commerce (Urunga, Bellingen and Dorrigo) in tandem with Council. These are identified in the Action Plan attached to this Strategy document.

• Rezone land throughout the Shire for “employment “ purposes (Council is in the process of developing an Employment Lands Strategy) to allow for a business innovation centre (Bellingen),potential special purpose logistics and central distribution hub (Urunga) and potential performing arts/art gallery centre (Bellingen);

• Identify land for more caravan parks and commercial accommodation and

acknowledge the lack of sufficient accommodation for peak holiday periods and during events and festivals which is limiting event growth (in all three chamber areas);

• Create a dedicated Council role of Event Coordinator to maximise events and festival activities across the Shire;

• Convert part of the Waterfall Way Centre building in Bellingen into a dedicated event coordination and ticketing office (Bellingen);

• Upgrade all directional and interpretative signage throughout the Shire;

• Identify appropriate land and stimulate investor interest for quality aged care facilities throughout the Shire (noting that this could occur in any of the chamber areas);


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• Investigate the viability of a multi-purpose sports stadium for the Shire (building on work already done);

• Continue to advocate the development of the Dorrigo Rainforest Centre as a hub for adventure tourism (Dorrigo);

• Investigate and develop the display pavilion on a staged basis for the Dorrigo Steam Railway and Museum as part of a paid for visitor attraction (Dorrigo);

• Investigate the viability of developing some of the carriages at the Dorrigo Steam

Railway and Museum as unique and themed accommodation to address the shortfall especially during major events and festivals in the Shire;

• Investigate boutique food processing and retailing (ice creamery etc) in the region (especially Urunga);

• Develop monthly farmers market days for Dorrigo utilising the main street rather than the show grounds;

• Investigate a sports and adventure tourism event utilising the trails in and around the national parks including a two day “wild rivers triathlon” from Dorrigo to Coffs Harbour via Lowanna and/or a day “rainforest to sea triathlon” from Dorrigo to Urunga.

• Encourage the diversification of agricultural activities in the Dorrigo area; and

• Advocate the development and usage of alternative energy including mini hydro systems.

BUDGETARY IMPLICATIONS: Funding of $15,000 was provided by the NSW Department of Industry and Investment and funds of $5,000 were provided by Council. The Action Plan will require a financial commitment from Council, industry and Government in order for the strategies to be implemented. SUSTAINABILITY ASSESSMENT: The Plan was prepared to provide a clear direction for the future, identify priorities and to promote a shared vision and collaborative action for the prosperity of the Shire. A vibrant, healthy economy is an essential part of "sustainability". A sustainable community

- offers many opportunities for investment, business and employment - supports a diverse and prosperous community - encourages business practices and other systems that enhance environmental and

economic performance.


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CONSULTATION: The community through the Chambers of Commerce was consulted as well as other business and community leaders during the development stage. The consultant provided a final overview of the plan to Councillors and industry partners at a workshop held on the 8 March 2011. OFFICERS RECOMMENDATION: That the Draft Five Year Economic and Tourism Development Plan be adopted and that it be placed on public exhibition for comment. ATTACHMENTS: 9.1.A Economic and Tourism Development Plan (DWS 244080)

09.008/11

RESOLVED (Cr Braithwaite/Cr Troy) That the Draft Five Year Economic and Tourism Development Plan be adopted and that it be placed on public exhibition for comment.

UNANIMOUS


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9.2 COMPULSORY ACQUISITION OF PART OF COUNCIL OWNED LAND AT 2 FERRY STREET URUNGA

File/Index: Council Properties/Acquisition and Disposal

Author: Robyn O’Dwyer - Administration Officer

REPORT SUMMARY:

Report seeking agreement to the Australian Rail Track Corporation’s (ARTC) proposal to compulsory acquire part of the Council land at 2 Ferry Street Urunga for the purpose of its North Coast Curve Easing Program.

REPORT DETAIL:

Background Transport Express Joint Venture (JV) is undertaking work on behalf of the Australian Rail Track Corporation (ARTC) for the North Coast Rail Corridor Curve Easing Program. This program is looking at ways to lessen travel times by reducing curves in the existing rail line between Sydney and the Queensland Border. Several sites along the existing rail corridor have been identified as areas for improvement. The majority of sites identified by Transport Express JV are capable of being improved within the existing rail corridor. One identified site, known as “Site No.46” requires the rail corridor to be widened to accommodate the proposed realignment of the railway line.


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The land

The site is known as Lot 1 DP843993, No 2 Ferry Street, Urunga is 2,521 m2 in area with the area to be acquired being approximately 330 m2.

The subject property comprises a triangular shaped undulating vacant parcel of land situated at the corner of Ferry and Nambucca Streets (opposite the Kalang Motel), Urunga and adjoins the North Coast Rail Line on the north east boundary. The property is currently zoned Residential 2(b) Village and has possible future development potential being conveniently located to surrounding services and amenities. The property is presently semi-cleared to naturally vegetated with native trees and fauna. Development potential would however be hindered as 2 sewer lines transect the property, one being a rising main and the other being a gravity main, however there are no registered easements on the Title. The Lot was reclassified from community to operational land by an LEP in 2010, in order for the land to be disposed of in accordance with the following decisions of the Council.

Council at its Ordinary Meeting held on the 10 June 2008, Minute 08.033/08, resolved:

(3) That the vacant land be listed for sale with local Real Estate Agents.

(4) That the General Manager be authorised to negotiate the sale of land, between the list price contained within the report, and the reserve price being the valuation.

(5) That the Contract for Sale and associated conveyancing documents be executed under the Seal of Council.

(6) That the net proceeds of the sale be internally restricted to establish a fund for the development of community development infrastructure.

Following on from that decision, Council at its Ordinary Meeting held on the 25 March 2009, Minute 06.004/09, rescinded part (4) of the June 2008 resolution and subsequently adopted a Notice of Motion Minute 06.006/09:

“That the net proceeds from the sale of Lot 1 DP843993 Ferry Street, Urunga be used to partly offset the cost of purchasing the Telstra site and adjoining Department of Lands land off Church Street in Bellingen”.

Acquisition

Transport Express JV is seeking to acquire the portion of land by means of Compulsory Acquisition and therefore it is seeking Council’s agreement in principle to this acquisition process. Council does not have any specific policy relating to land acquisitions and each instance is treated on its own merit, however the ARTC, on the authority of the Country Rail Infrastructure Authority, has statutory rights to acquire land pursuant to the Transport Administration Act 1988 and the Land Acquisition (Just Terms Compensation) Act 1991. A registered valuer is preparing an assessment of compensation for the portion of land to be acquired. A formal offer will be made in the coming weeks, however it has been indicated that an amount of $25,000 plus GST would be a likely compensation figure. However Council has indicated that the level of compensation appears to be low based on the land valuation obtained by Council in 2008 and therefore negotiations will continue with a view to seeking a higher compensation figure.


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In order to commence construction works associated with the Program, ARTC wishes to enter into a Licence Agreement with Council to permit entry to the land for the purpose of relocation and/or installation of signalling infrastructure including signal locations, buildings and cables. Once construction works have been completed, ARTC will also need to obtain a Licence to occupy that portion of land for its permitted use prior to the land being transferred from Council to the ARTC. In addition Council’s Engineering & Operations Division has expressed an interest in acquiring the northern corner to construct a turning circle to improve access for service vehicles and residents in Nambucca Street. BUDGETARY IMPLICATIONS:

The 2010/11 financial plan budgeted for net sale proceeds of $150,000, however the land has not been listed for sale because of the impending Compulsory Acquisition and the resolution of road widening matters in Nambucca Street. The March Quarterly Budget Review will therefore need to reflect the deferment of the property sale listing to the next financial year, as indicated to Council in the strategic planning workshops.

Council will receive a compensation payment of approximately $25,000 plus GST for the land acquisition, as well as an additional $1,000 plus GST for the licence agreement. Any costs associated with the acquisition of this parcel of land by ARTC will be borne by the applicant, including the plan survey, ratification of the encumbrances on the Title and registration of the plan.


The social benefits of this acquisition would be felt in the wider community outside of the Bellingen Local Government area, with reduced rail travel times between Sydney and Queensland. The North Coast Rail Corridor Curve Easing Project is a major undertaking to increase the service standards of rail transport throughout New South Wales. Council should agree with the Compulsory Acquisition by Agreement proposal presented by the Transport Express JV.

CONSULTATION:

Council’s Director of Corporate Services, Design & Traffic Engineer and Water & Sewerage Manager. The Land Access Manager and Land Access Consultant, acting for Transport Express JV, were also consulted.

OFFICERS RECOMMENDATION: (1) That Council agree ‘in principle” to the Compulsory Acquisition by Agreement of the

required land by the Australian Rail Track Corporation (ARTC), for the purpose of the North Coast Corridor Curve Easing Project at Site No.46.

(2) That Council enter into a Licence Agreement with the Australian Rail Track Corporation (ARTC) to enter onto the Council land to undertake construction works at Site No 46.

(3) That the General Manager be authorised to negotiate the terms of the Compulsory Acquisition.

(4) That the Council Seal be affixed to the documentation relating to the Compulsory Acquisition.

ATTACHMENTS:

9.2.A ARTC North Coast Curve Easing Project Information Sheet (DWS 243787)


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09.009/11

RESOLVED (Cr Scott/Cr Tuohy) (1) That Council agree ‘in principle” to the Compulsory Acquisition by Agreement of the

required land by the Australian Rail Track Corporation (ARTC), for the purpose of the North Coast Corridor Curve Easing Project at Site No.46.

(2) That Council enter into a Licence Agreement with the Australian Rail Track Corporation (ARTC) to enter onto the Council land to undertake construction works at Site No 46.

(3) That the General Manager be authorised to negotiate the terms of the Compulsory Acquisition.

(4) That the Council Seal be affixed to the documentation relating to the Compulsory Acquisition.

UNANIMOUS


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9.3 DRAFT CLARENCE REGIONAL LIBRARY SERVICE AGREEMENT 2011-2017

File/Index: Clarence Regional Library Service (Community Services)


REPORT SUMMARY:

This report seeks Council’s adoption of the draft Clarence Regional Library Service Agreement 2011-2017.

REPORT DETAIL:

The current five year Clarence Regional Library (CRL) Service Agreement expires on the 1 November 2011. The review of the existing agreement commenced in September 2009 with assistance from consultants from the NSW State Library and advice from library managers from each of the member Councils. Extensive modelling of the outcomes of various operating models was undertaken as part of that process. The draft new Library Agreement, as attached, reflects the CRL committee’s preferences for its future operations and the goals of the CRL’s 10 Year Strategic Plan, as well as clarifying roles and responsibilities of the parties involved.

Key changes in the draft new CRL Library Service Agreement include: • Timeframe • Specific links to the CRL Strategic Plan • A focus on continuous improvement • Specific services provided and the role of the Regional Librarian • Process for estimation of future financial contributions from members • Formula for determining the specific annual level of members’ financial contribution • Procedures around a member’s departure or termination of the Agreement. The

procedures include the distribution of net assets and liabilities.

The draft new CRL Service Agreement will commence on 1 November 2011 and continue until 30 June 2017 at the latest, unless earlier terminated by the withdrawal of two or more parties as stated in the Agreement. This aligns with the Integrated Planning and Reporting Timeframes. The Strategic Plan and associated Action Plan were developed for the CRL in 2008 in response to the recommendations arising from the 2006 review of the library service. These Plans were developed with the active participation of all members and their staff, endorsed by the CRL Committee and adopted by member Councils. The Strategic Plan sets the direction for the CRL as well as members’ branch library operations. The Action Plan specifies the actions/strategies to achieve those goals, responsibilities, timeframes and resource implications. Target areas are identified for continuous improvement which is a requirement of the NSW State Library for grant purposes. The target areas include staff training, collection development, online resources, customer surveys, system improvements and automation and programs for target groups.


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Clarence Valley Council Position The Council resolved on the 15 March to set the level of annual increase in the financial contribution by members of the Regional Library as the annual rate peg limit plus 6% with a minimum level of 8% increase per annum for the life of the new Library Service Agreement, as was resolved by the Clarence Regional Library Committee at the February Meeting. Nambucca Shire Council Position Nambucca Shire Council indicated back in late January that its preferred level of contribution was to be the Rate Peg plus 2% as a minimum, with additional levels to be considered for specific circumstances. This position was subsequently endorsed at the Council’s meeting held on the 17 February 2011 where it was resolved: (1) That Council advises its Clarence Regional Library partner Councils that it will consider

entering into a new Library Agreement which sets the contribution to the Clarence Regional Library at the Rate Peg plus 2%. This would be the minimum with partner Councils having the opportunity to agree on a larger increase.

(2) That Council investigates the opportunity for a relationship with other local libraries including Coffs Harbour.

Then on the 7 April 2011 the Council, in response to the Clarence Valley Council’s decision on the 15 March 2011, resolved: (1) That Council accept the financial terms for a new agreement for the Clarence Regional

Library as resolved by Clarence Valley Council on 15 March 2011 subject to the proposed new Agreement lapsing on 30 June 2013 (at the latest).

(2) That a Committee be formed comprising of the Mayor, Library Delegates and Manager Community and Cultural Services to investigate the possibility of forming a relationship with other local Council Libraries and that the Committee report back to Council by February 2012.

It was further resolved that Council write to the Clarence Valley Council asking what they anticipate future contributions to the Clarence Regional Library will be when the Strategic Plan has been completed and the planned outcomes achieved.


The 2011/12 annual per capita contribution is based on a 10% increase, in line with the current arrangements, and the forward financial year budgets will reflect the Clarence Valley Council’s decision at its March 2011 meeting, which is to base it on the Rate Peg level plus 6%, with a minimum level of 8% increase per annum for the life of the new Library Agreement. This decision also reflects the position endorsed by the Clarence Regional Library Committee at its 5 February 2011 meeting, which was supported by four of the six delegates, with Nambucca Shire Council’s representatives voting against the resolution. An estimation of the population figure for members, which is a component of the funding formula, will be based on an average population growth over the previous five years. The implication of a termination of the agreement by a member council has not been considered at this point however it could be anticipated that the annual contributions for Bellingen Shire Council would increase significantly, should Nambucca decide to withdraw from the resource sharing initiative.


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The poor performance of the CRL in comparison to all public libraries across NSW was investigated as part of a review undertaken by consultants from the NSW State Library in 2006. The report made 46 recommendations for improvement of the CRL including the development of a strategic plan, an increase in the levels of financial investment in resources and a review of the library service model of operations. In response a 10 year strategic plan was developed and each member agreed to a 10% per capita annual increase in the level of financial contribution. This financial commitment has been in place for the past four years as well as for the 2011/12 financial year. The performance of the CRL is also a critical factor considered by the NSW State Library when selecting successful submissions for grant funding. These funds are allocated to support library services that have made considerable efforts towards their own improvement. However grant funding is not intended to be the sole source of funding for improvements. The level of financial commitment provided over the past four years has enabled considerable achievement against the goals of the Strategic Plan and no doubt influenced the successful grant outcomes of last year, totalling approximately $170,000. These funds represented 14% of the income of the CRL and approximately 50% of the amount that was allocated to book purchases. The statistical comparative data produced by the NSW State Library each year indicates a range of improvements in the CRL’s performance for the first time. The level of members’ per capita contribution, operational efficiencies and the introduction of new initiatives has collectively contributed to these outcomes.

Library services are a vital and basic service offered to all communities regardless of size and profile. They provide a link to information, learning, and the rest of the world, the past, the future, other people and activities at the convenience of the user. Contemporary library services continue to attract increased levels of use and support local economic activity. An alliance of some form produces financial efficiencies for all partners. The current hybrid model is the least expensive. The increased level of contribution is cheaper than opting for any of the alternative library service models and brings with it on-going improvements in library services for residents with the aim of reaching Statewide averages within the life of the current Strategic Plan. Investment in library services is beneficial for our local economies. Based on a 2006/07 economic analysis of public library services users save approximately $325 per annum by using a public library and every $1 spent on public libraries generates $4.25 in economic benefit and generates $2.82 in real economic activity Increasingly, the burden of the costs of provision is being met by Local Government, but strong lobbying is continuing at a Statewide and regional level for the NSW State Government to redress this imbalance. Public libraries provide a social environment which aims to be equally accessible to all regardless of circumstance. They provide access to a range of resources without charge (excepting inter-library loans) which overcomes the barriers that financial limitations may place on individuals and families. Adopting this Agreement will indicate to the other members of the CRL that Bellingen Shire Council is willing to continue to operate under the current library service model and to


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pursue continuous improvement in the Regional Library Service for the benefit of our collective communities. It provides a stable work environment for the employment of suitably qualified staff to fill current vacancies within the CRL and enable projects to be further developed according to the Strategic and Action Plans for the Library service. There is the risk of a current member Council not entering into this new agreement. If Nambucca Shire Council were to withdraw, the cost of operation is expected to increase but no modelling has been undertaken to assess the quantum at this stage. The impact this may have on Bellingen Shire Council’s continued membership is unknown at this stage.

CONSULTATION:

Members of the CRL Committee and library managers from each Council have been directly involved in the review of the current agreement and the development of the draft new agreement. The Mayors, General Managers and relevant Directors from each member Council have actively participated in the review of the draft new agreement, on the 28 January 2011, with a particular interest in the annual level of financial contribution. Consensus was expressed by the Mayors and General Managers that support would be sought from each Council for a contribution level equivalent to the rate peg level plus 2% as a minimum, with additional amounts to be considered as opportunities arose and financial circumstances allowed. Also that the potential benefit of having Coffs Harbour City Council re-join the CRL be investigated and that the life of the proposed draft Library Service Agreement be set at the 30 June 2017, at the latest. The Clarence Regional Library Committee, at its 5 February 2011 meeting, recommended however that the new Agreement funding formula be based on the Rate Peg level plus 6%, with a minimum level of 8% increase per annum for the life of the new Library Agreement. This position was subsequently endorsed by the Clarence Valley Council in March. The Clarence Valley Council’s Governance Manager and the NSW State Library have also reviewed the document to ensure it meets legislative and other legal requirements. OFFICERS RECOMMENDATION:

That the Draft Clarence Regional Library Service Agreement 2011–2017 be adopted.

ATTACHMENTS:

9.3.A Draft Clarence Regional Library Service Agreement 2011–2017 (DWS 244141)

09.010/11

RESOLVED (Cr Child/Cr Cronin) That the Draft Clarence Regional Library Service Agreement 2011–2017 be adopted.

UNANIMOUS


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9.4 REGIONAL DEVELOPMENT AUSTRALIA FUND

File/Index: Regional Development Australia Fund (Grants & Subsidies)


REPORT SUMMARY:

The purpose of this report is to provide an overview of the Regional Development Australia Fund (RDAF) and to identify projects that could be considered for the funding program.

REPORT DETAIL:

Regional Development Australia Fund

The Regional Development Australia Fund is a $1 billion five-year program that will boost economic and community development and is part of a $1.4 billion commitment to regional Australia announced recently. The allocation of funding will be competitive, merit-based and only applications that have been endorsed by the local Regional Development Australia (RDA) Committees and fit with RDA regional plans will be considered.

The new Department of Regional Australia will assess funding applications for projects for compliance with the eligibility criteria, and to determine value for money and the risk associated with the project. The Minister for Regional Australia, Regional Development and Local Government will make decisions on the projects to be funded, based on the recommendations of the independent RDAF Advisory Panel.

Resources for the Regional Development Australia Fund have been allocated as part of a $1.4 billion agreement struck with the Independents last September. The Federal Government has announced more than $1 billion will be available under the Regional Development Australia Fund, which is in addition to the $350 million already committed to rebuild regional Australia devastated by recent natural disasters. Applications require RDA and Local Government involvement.

The Fund is comprised of $450 million from the Priority Regional Infrastructure Program and $573 million from the Regional Infrastructure Fund which is funded from the Minerals Resource Rent Tax.

Key features of projects that are being sought under this program include:

• Delivery of concrete economic and social benefits

• Commitment to innovation and building capacity in local communities

• Linking regional communities across traditional boundaries

• Ability to leverage additional funding across government and the private sector.

The projects must also support at least one of the following national priorities:

• Skilling Australia

• Lifting Productivity

• Maximising the opportunity of broadband

• Sustaining our environment

• Social inclusion

• Water and energy efficiency


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Eligible organisations are local councils, incorporated not-for-profit organisations and other organisations can participate where they are a member of a consortium led by an eligible applicant.

Eligible projects include:

• Priority infrastructure projects identified by local communities

• Economic and community infrastructure projects (new and/or upgrades)

• Must be predominately capital works

• Must be “investment ready”

• Large or small with an emphasis on strategic projects

Funding for projects will commence on 1 July 1 2011 with applications for the first funding round of up to $100 million closing on the 13 May 2011. Therefore project information must be submitted to the RDA MNC by the 29 April 2011 to allow the Committee to make a fair and equitable decision on whether a project meets the selection criteria and to provide a letter of endorsement to the applicant for inclusion in the submission. The short timeframe for Round One funding is therefore impractical for Council to fully develop project proposals.

Proposals that are not ready or applications which cannot be completed by the 13 May 2011 can be lodged in Round 2, which is expected to take place in late 2011. Advice on when Round 2 will open and close will be provided through the Regional Development Australia Committees and on the Department’s website: www.regional.gov.au.

Regional Planning

In 2010 the RDA MNC, in collaboration with MIDGOC, local and state governments and private and community stakeholders developed an Infrastructure Priority Register. The list of projects submitted by Council is outlined in the table below.

In August 2010 the Regional Plan was approved and the RDA MNC Board is currently updating the plan to ensure that the Priorities identified in the RDA Infrastructure Workshop, held on the 15 November 2010, and the subsequent MIDGOC communications are clearly identified in the plan. TABLE - RDA Mid North Coast – Infrastructure Priority Register SECTION ONE: Hard Infrastructure (Includes roads and bridges, hospitals, ports, airlines, railways, power, telecommunications)

Project Description

Reason for priority Regional significance

Upgrade of Main Road 120 (Coramba Road) Estimated Cost - $20 million Assessment • >$5M (50/50

funding)

• Not shovel

ready

The project involves the upgrading of an alternative 22km central section of road between Coffs Harbour City Council and Bellingen Shire Council via the old forestry settlement of Cascade. The upgrade would provide a sealed road to a standard capable of accommodating semi-trailers

Coramba Road is a regional link road between Dorrigo and Coramba

Connection of Reduce the risk of on-site Reopening of the river for


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Project Description


Newry Island, Urunga to Council’s sewerage system Estimated Cost - $1.5 million Assessment • <$5M

• Shovel ready

• RDAF Criteria –

Environmental

wastewater management systems (OSMS) contributing to virus pollution of the Kalang River Introduce community education and increased surveillance outcomes

continued oyster farming industry Preserve conditions for recreational activities and tourism industry Maintain environmental integrity of the waterways

Energy Efficient Retrofit of street lighting across Shire Estimated Cost - $250,000 Assessment • Project Work in

progress

• < $5M

This project will reduce Councils greenhouse gas emissions by approximately 186 tonne a year providing a 7% contribution towards Councils greenhouse gas reduction target of 40% reduction on 1990 levels by 2020. It will also save approximately $60,000 year (40% of lighting cost) in electricity costs and provide improved lighting to the community.

Reduces lighting operating costs for Council, provides a better lighting level for the community.

Replacement of timber bridges Estimated Cost - $1.55 million Assessment • <$5M

• Shovel ready


Economic

• BSC Priority No

3

Reconstruction of the following four (4) timber bridges - 1. Diehappy Bridge on

Darkwood road

2. Picket Hill Creek No 2 Bridge

on Martells Road

3. Reids Creek Bridge on

Kalang Road

4. Roses Bridge on Roses

Road

to improve access during flood events. Bridges are deteriorating and are a significant safety risk to users

Sustain the shire local road network Minimise bridge closures during flood events reducing impact and disruption to school bus operations, agricultural sector and general road users

Feasibility study into connection of Mylestom and Repton villages to CHCC sewerage system Estimated Cost - $250,000

Improve water quality Reduce public health risk Increase amenity to residents and visitors

Protection of proclaimed oyster growing area Single ocean outfall Increase capacity of water reuse for local industries


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Project Description


Assessment • <$5M

• Not Shovel

ready


Environmental

• BSC Priority No

4

SECTION TWO: Soft Infrastructure (includes: education, cultural, recreational and health services, tourism)

Project Description


Mid-North Coast Cycleway / Walkway “Walking with Whales” Coffs Harbour to Nambucca Heads. Project plans for a cycleway have extended south to Greater Taree. Estimated Cost - $10 million Assessment • >$5M

• Not Shovel

ready


Social

The project will boost Ecotourism and provide an economic boost for the region via increased local, national and international visitation. Safety, health and environmental benefits.

Continuous walking tracks and cycleways along the coast have been planned for many years e.g. the ‘Great Eastern Centenary Track’ is intended to be one of the world’s great long-distance walk trails, and the ‘Mid North Coast coastline cycleway’ (in planning since 1997) extends from Coffs Harbour to Greater Taree - around 270km. Many sections are already constructed or underway e.g. Solitary Islands Coastal walk (north of Coffs Harbour), ‘Walking with Whales’ walk at Urunga. Connecting these sections will create a major drawcard of national or even international significance.

Performing Arts Centre Estimated Cost - $4.5 million Assessment • <$5M

• Not Shovel

ready


Cultural

•

Bellingen township is the regional ‘jewel in the crown’ where the performing arts are integral to the areas of social, cultural and economic growth and development. Provide a major platform for the further development of the performing arts. Centre is 1,070sqm and seats 450

Arts and cultural development and the development of creative industries has been identified as a key area of contribution to the prosperity of the shire


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Project Description


Healthy Rivers Program Estimated Costs - $1 million Assessment • <$5M

• Shovel ready


Environmental

• BSC Priority No

2

This program will comprehensively address key priorities outlined in the Bellinger & Kalang River Health Plans (2010) and Estuary Management Plan (2008) to improve water quality, catchment condition and resilience against the potential impacts of climate change. A key focus will be engaging and supporting the local community in implementing on ground actions to mitigate impacts of extreme flood events.

The Bellinger and Kalang River Health Plans are unique documents which have been driven and developed by the local community involving extensive stakeholder consultation and collaborative input strategies. This approach is a first for the region, bestowing ownership and personal association to the issues, priorities and actions outlined in the plan. Sourcing seed funds for implementation of planned outcomes is a key priority to maintain momentum and positive relations with community.

Multi-Purpose Sports Stadium at Urunga Estimated Cost - $2.5 million Assessment • <$5M

• Not Shovel

ready


Social

Bellingen Shire Open Space & Community Facilities Study August 2010 identified that sport is a key focus for communities across the Shire and a demand gap exists for indoor sports facilities at Urunga (seaboard)

The seaboard is a growth area with strong tourism focus. The planning area has good open space and community facilities but there are gaps and therefore there is potential to enhance facilities to better meet the needs of residents and visitors

Shared pedestrian cycleway linking Dorrigo village to National Rainforest Centre Estimated Cost - $1.5 million Assessment • <$5M

• Not Shovel

ready


Social

“Our Living Pathways Connecting Communities Program” was developed to create linkages between CBD precincts and key locations of interest. The Rainforest Pathway is a shared pedestrian/cycleway of 2.5kms linking the Dorrigo CBD with the Rainforest Centre

Creates linkages between key precincts and facilities. Advocate for sustainable transport Offers links with the natural environment. Promotes eco-tourism. Encourage residents and visitors to participate in active and healthy lifestyles


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Other projects identified by Councillors and management include:

- Bellingen CBD Masterplan Stages 2-5

- Urunga Tidal Swimming Facility

- Sports ground lighting upgrades

Other projects identified by proponents at the Bellingen Information session included:

- Mid North Coast Organics

- Aboriginal Cultural Centre

- Bellingen Showground Upgrade and adjoining property acquisition

- Dorrigo Hydro Electricity Scheme

- Dorrigo Showground Upgrade

- Dorrigo Art Sculptor Project

- Bellingen Economic and Tourism Development Plan


Funding of between $500,000 and $25 million per project will be available. Partner funding will be expected from sources other than the Australian Government for all project grants, except where extenuating circumstances prevent co-funding. Project grants over $5million will be required to be matched on at least a dollar for dollar basis (excluding funding from other Australian Government sources).


The Regional Development Australia Fund (RDAF) is a national program to support Australia’s regions and enhance the economic development and livability of their communities. The Fund is a $1 billion five-year program, with $573 million subject to the passage of the Minerals Rent Resource Tax, designed to boost economic and community development and is part of a $1.4 billion commitment to regional Australia.

It is designed to ensure that new investments are targeted to reflect the characteristics, and to address the opportunities and challenges, of our diverse regions. The program aims to support localism, and to leverage and better coordinate state, commonwealth, local government and private (including not-for-profit) investments for the long term benefit of communities.

The PricewaterhouseCoopers report into local government financial sustainability commissioned by the Australian Local Government Association (ALGA) presented a compelling case for funding a dedicated community infrastructure program to address the $14.5 billion backlog faced by cash-strapped councils. The establishment of the fund by the Australian Government is a positive response to that need.

CONSULTATION:

The Regional Plan was endorsed by the RDA MNC Board at its meeting on the 20 August 2010. The Plan was the result of six months of research and consultation with the Mid North Coast community.

In 2010 the RDA MNC also collaborated with MIDGOC, local and state governments and private and community stakeholders to develop an Infrastructure Priority Register.


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A RDA Infrastructure Workshop was held on the 15 November 2010 to identify regional priorities

The RDA MNC conducted a series of Information Sessions in early April to outline the RDAF with Councillors and staff attending the information session held at Bellingen on the 6 April 2011.

The MIDGOC General Managers also met on the 15 April to discuss the RDAF process and to identify regional projects which could be supported by the Strategic Alliance.


(1) That Council determine the support of the Regional Development Australia Mid North Coast Committee for submission of Round One applications for the following projects:

- Connection of Newry Island, Urunga to Council’s sewerage system; and - Healthy Rivers Program

(2) That the RDA MNC Committee be asked to make representations to the Department of Regional Australia, for funding to be allocated towards feasibility studies for infrastructure projects.

(3) That a planning workshop be held to consider projects and to determine priority ranking for future funding round applications

(4) That Council note that the proponents of the Bellingen Performing Arts Centre have informed management of their intentions to submit an application for funding in Round One, which closes on the 13 May 2011.

ATTACHMENTS:

There are no attachments for this report.

09.011/11

RESOLVED (Cr Scott/Cr Tuohy) (1) That Council determine the support of the Regional Development Australia Mid North

Coast Committee for submission of Round One applications for the following projects:

- Connection of Newry Island, Urunga to Council’s sewerage system; and - Healthy Rivers Program

(2) That the RDA MNC Committee be asked to make representations to the Department of Regional Australia, for funding to be allocated towards feasibility studies for infrastructure projects.

(3) That a planning workshop be held to consider projects and to determine priority ranking for future funding round applications

(4) That Council note that the proponents of the Bellingen Performing Arts Centre have informed management of their intentions to submit an application for funding in Round One, which closes on the 13 May 2011.

UNANIMOUS


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10. REPORTS BY DIRECTOR OF ENGINEERING AND

OPERATIONS


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10. REPORTS BY DIRECTOR OF ENGINEERING AND OPERATIONS

10.1 HUNGRY HEAD ROAD TOURIST DRIVE

File/Index: Signage Maintenance (Traffic and Transport)

Author: John Starr, Design and Traffic Engineer

REPORT SUMMARY:

This report has been prepared to enable Council to consider the retention of Tourist Drives 16 and 18 along Hungry Head Road at Urunga and Keevers Drive at Raleigh respectively.

REPORT DETAIL:

Council has received correspondence from the Tourist Attraction Signposting Assessment Committee (TASAC) regarding the signposting of tourist drives. A copy of the letter is provided in Attachment A. The letter indicates that many tourist routes are difficult to navigate because the existing signs are poorly maintained.

It is indicated that the Roads and Traffic Authority (RTA) will upgrade the existing tourist route signs on the state road network at no cost to councils, if it can be demonstrated that the tourist drives are being supported by promotional material and appropriate signs on local roads.

There are two tourist drives on Council’s road network (Tourist Drives 16 and 18)

� Tourist Drive 16 along Hungry Head Road, Morgo Street and Bellingen Street at Urunga; and

� Tourist Drive 18 along the Old Pacific Highway and Keevers Drive at Raleigh.

TASAC has set criteria to be met by Council if the tourist drive is to be retained. One of the criteria is a written commitment from Council that the signage on tourist routes will be adequately maintained. The other criteria relates to promotion of the route and availability of the promotional material. If these criteria are not met then the tourist drive signage will be removed from the state road network.

The Hungry Head Road tourist drive is promoted through a scenic drive map available at the Urunga and Bellingen tourist Information centres The map is also available through Council’ s web site. The Old Pacific Highway and Keevers Drive at Raleigh has only been established since the Pacific highway was relocated and does not appear on any of the tourists maps available at the tourist information centres or web sites at this time; however as information and maps are updated, it will be included.

It is considered that both Tourist Drives, 16 and 18, should be retained as they assist in attracting people to the Urunga, Raleigh and Repton areas and the cost to maintain the signage can be accommodated in the current road maintenance budget.


The existing signs on both routes are in good condition, with minor replacements required, and the routes can be readily navigated by the signs. It is estimated that the cost to


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maintain these signs would be in the order of $4,000 over a ten year period. This amount can be accommodated under the current road maintenance budget allocation.


It is expected that from a social and economic sustainability point of view maintaining both the Tourist Drives will provide the opportunity for increased tourism and business for the Urunga, Raleigh and Repton areas. There are no significant environmental issues from a sustainability point of view.

CONSULTATION:

Coffs Harbour City Council has been consulted in relation to this report.


That Council advise TASAC that it wishes to retain Tourist Drives 16 and 18 along Council’s road network and that it is committed to the maintenance of the signage on local roads along the routes.

ATTACHMENTS:

10.1.A Copy of letter from TASAC dated 21 February 2011 [DW 238519].

10.009/11

RESOLVED (Cr Scott/Cr Coe) That Council advise TASAC that it wishes to retain Tourist Drives 16 and 18 along Council’s road network and that it is committed to the maintenance of the signage on local roads along the routes.

UNANIMOUS


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10.2 PROPOSED ROAD CLOSURE – NAMBUCCA STREET URUNGA

File/Index: Road Closures Permanent (Roads)


REPORT SUMMARY:

This report is to inform Council of a proposed road closure at Nambucca Street Urunga.

REPORT DETAIL:

Council has received an application from Mr and Mrs Smith seeking to close and purchase part of the lane off Nambucca Street Urunga adjoining their property at 2 Nambucca Street (Lot 2 DP 569578).

The section of lane under consideration for closure is a Council Public Road, is unsealed and unformed and adjoins the southern boundary of Lot 2 DP 569578. The section of road is currently being maintained by Mr and Mrs Smith and does not contain any structures; however a sewer gravity main passes through it. The section of road proposed to be closed was originally created by the DP 569578 as road widening 9.145m wide to be amalgamated with the existing 6.235m wide lane, thus making the lane 15.38 wide for the length of Lot 2 DP 569578. The lane has a single lane road pavement and has not been widened since the widening was created in 1973. The lane provides rear access to the Kalang River Motel and access to three other privately owned properties, as well as side access to the Smith’s property.

The applicants now wish to close and purchase the portion of land that was originally closed by DP 569578, with the exception of a 5m splay at the corner that would remain as public road, and combine the road closure with their lot 2 DP 569578. The area of land proposed to be acquired is approximately 300m2.

As the subject road that is proposed to be closed is not part of Council’s existing formed road network, Council could consent to the road closure application being lodged with the Department of Lands for processing. A sketch plan of the proposed road closure is attached.

Should Council accede to the road closure and the application forwarded to the Land and Property Management Authority (LPMA) to process, the adjoining owners are to be informed of the proposed closure by the LPMA upon receipt of the application.


All costs associated with the road closure are to be met by the applicant.


There are no economic, environmental or social implications.


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CONSULTATION:

The LPMA, upon receipt of the application, will advertise the proposed road closure in the local papers and advise the affected owner by mail of the proposed road closure. The advertisements and letters will indicate the time frame and to whom submissions are to be made.


(1) That Council accede to the road closure application, as per the attached sketch plan, to be lodged with the Department of Lands;

(2) That the lot subsequently created by the road closure be combined with the applicant’s Lot 2 DP 569578;

(3) That all costs associated with the road closure application be met by the applicant; and

(4) That Council seal be affixed to the appropriate documents.

ATTACHMENTS:

10.2.A Copy of the plan to close public road (DWS 216148 and DWS 243387)

10.010/11

RESOLVED (Cr Braithwaite/Cr Tuohy) (1) That Council accede to the road closure application, as per the attached sketch plan,

to be lodged with the Department of Lands;

(2) That the lot subsequently created by the road closure be combined with the applicant’s Lot 2 DP 569578;

(3) That all costs associated with the road closure application be met by the applicant; and

(4) That Council seal be affixed to the appropriate documents.

UNANIMOUS


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11. REPORTS FROM COUNCIL COMMITTEES


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11. REPORTS FROM COUNCIL COMMITTEES

NIL


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12. MINUTES FROM ADVISORY COMMITTEES


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12. MINUTES FROM ADVISORY COMMITTEES

12.1 MINUTES – BELLINGEN SHIRE ENVIRONMENT ADVISORY COMMITTEE – 5 APRIL 2011

File/Index: Meetings (Environmental Management) – Environment Advisory Committee

Author: Ian Turnbull, Manager of Sustainability & Natural Resources

REPORT SUMMARY:

This report is intended to provide Council with information of the business considered and recommendations for adoption by Council from the meeting of the Environment Advisory Committee held on 5 April 2011.

REPORT DETAIL:

Council’s Environment Advisory Committee met on 5 April 2011 to assess a number of projects proposed for funding from Council’s Environmental Levy. The minutes provide recommendations for adoption by Council.

A copy of the Minutes of the Bellingen Shire Environment Advisory Committee meeting held on 5 April 2011 and the list of Environmental Levy Projects for 2011/2012 are attached for the information of Council.


The report recommends the expenditure of Environmental Levy funds through the inclusion of projects in the 2011- 2015 Management Plan.


The adoption of the recommendations within the minutes contributes to the wellbeing of the community through the process of transparent consultation in relation to the items addressed.

The Committee’s deliberations include many elements which will have positive environmental implications.

CONSULTATION:

The Committee provides a forum for open discussion, debate and education on environmental issues with community and stakeholder groups.


That the Minutes of the Bellingen Shire Environment Advisory Committee meeting of 5 April 2011 be received and the recommendations adopted.


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ATTACHMENTS:

12.1.A Minutes: Bellingen Shire Environment Advisory Committee – 5 April 2011 (DWS 243164)

12.010/11

RESOLVED (Cr Child/Cr Cronin) That the Minutes of the Bellingen Shire Environment Advisory Committee meeting of 5 April 2011 be received and the recommendations adopted.

UNANIMOUS


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12.2 MINUTES – BELLINGEN SHIRE COUNCIL LOCAL TRAFFIC COMMITTEE – MARCH 2011

File/Index: Meetings – Traffic & Transport


REPORT SUMMARY:

Minutes of the Local Traffic Committee items conducted via email March 2011.

REPORT DETAIL:

This report is intended to provide Council with the recommendations arising from items forwarded to members of the Local Traffic Committee on 29th March 2011.


In regard to item 3.1 of the minutes of the Bellingen Shire Council Local Traffic Committee, Council has since received funding approval (11 April), and a schedule of works, from the New South Wales Roads and Traffic Authority for $35,000. This amount represents 50% of the total estimated costs to establish the proposed traffic facilities in Church Street, Short Street Lane and Pub Lane, Bellingen north of Hyde Street.


There are no economic, environmental or social implications.

CONSULTATION:

The Committee provides a forum for discussion and to make recommendations to Council on traffic related matters, with subject matter advice from the NSW Roads and Traffic Authority and NSW Police.


That the Minutes of the Bellingen Shire Council Local Traffic Committee meeting of 29

March 2011 be received and the recommendations adopted.

ATTACHMENTS:

12.2.A Minutes: Local Traffic Committee Meeting – 29 March 2011 (DWS 244275)

12.011/11

RESOLVED (Cr Cronin/Cr Braithwaite) That the Minutes of the Bellingen Shire Council Local Traffic Committee meeting of 29

March 2011 be received and the recommendations adopted.

UNANIMOUS


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13. CORRESPONDENCE


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13. CORRESPONDENCE

NIL


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14. AUTHORITY TO AFFIX THE COMMON SEAL OF COUNCIL FOR ITEMS NOT INCLUDED IN REPORTS


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14. AUTHORITY TO AFFIX THE COMMON SEAL OF COUNCIL FOR ITEMS NOT INCLUDED IN REPORTS

NIL


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15. ITEMS FOR INFORMATION


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15. ITEMS FOR INFORMATION

15.1 DEVELOPMENT APPLICATION PROCESSING REPORT

File/Index: Development and Building Controls/Reporting

Author Charlie Hannavy, Director of Environmental Health and Planning

REPORT SUMMARY:

This report provides information to Councillors on Council’s performance in relation to the processing of Development Applications.

REPORT DETAIL:

The attachments to this report provide a summary of the average processing time of development applications for each month, the average processing time for the year, and the number of applications determined per month. The attached charts provide data for the current and previous calendar years, which enables comparison between months and comparison with the previous year.

DA Processing times

The gross processing time is the actual number of days elapsed from when the application was lodged to when the application was determined. The gross times do not take into account the “stop the clock” procedures which enable Council to put an application on hold when waiting for additional information.

The net processing time is the number of processing days that have elapsed since the application was lodged to when the application was determined. Under the stop the clock system, the days an application is put ‘on hold’ in order to allow applicants time to provide additional information, are not counted as processing days.


There are no budgetary implications.


Council’s processing times for development applications can be sustained at current resource levels. The focus is on reducing the determination time of all applications.

CONSULTATION:

Council’s Land and Information Officer has produced the attached data sheets.

15.003/11

RESOLVED (Cr Tuohy/Cr Braithwaite) That the recommendation for Items 15.1 to 15.2 be adopted. UNANIMOUS


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That the information in this report be noted.

ATTACHMENTS:

15.1.A DA summary table (DWS 243465)

15.1.B DA processing times graph (DWS 243465)

15.1.C Summary chart of determined applications (DWS 243465)


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15.2 REPORT ON INVESTMENTS AS AT 31 MARCH 2011

File/Index: Financial Management/Investments

Author: Susan Glasson, Manager of Financial Services

REPORT SUMMARY:

The purpose of this report is to inform Council about the investment funds held at the end of each month.

REPORT DETAIL:

This report has been completed in accordance with the NSW Local Government Act 1993 and Clause 212, Local Government (General) Regulation 2005 which requires monthly reporting to Council.


There are currently no budgetary implications.


Council’s investments are made in accordance with the Division of Local Government requirements and term deposits listed in the Local Government Ministerial Order.

CONSULTATION:

First and second tier banks were consulted in respect to investments.


That the report indicating Council’s investment position as at 31 March 2011 be received and noted.

ATTACHMENTS:

There are no attachments for this report.


Page 69 of 78

TERM

(DAYS)

MATURITY

DATE

INTEREST

RATE %

MARKET VALUE

$

% OF

TOTAL

CASH FACILITIES

National - Business Cash Maximiser 4.75% 21,049.20 0.07%

National - Special Cash Maximiser 5.44% 21,212.17 0.07%

TERM DEPOSITS

Term Deposit - NAB 180 07/09/2011 6.35% 1,000,000.00 3.46%

Term Deposit - Westpac 270 14/09/2011 5.92% 3,000,000.00 10.37%

Term Deposit - NAB 365 23/03/2012 6.35% 4,000,000.00 13.82%

Term Deposit - NAB 180 07/09/2011 6.35% 2,700,000.00 9.33%

Term Deposit - Macquarie 180 15/06/2011 6.25% 1,000,000.00 3.46%

Term Deposit - Bank Qld 182 31/08/2011 6.26% 1,000,000.00 3.46%

Term Deposit - Bendigo/Adelaide 182 31/08/2011 6.10% 1,000,000.00 3.46%

Term Deposit - NAB 180 07/09/2011 6.35% 1,000,000.00 3.46%

Term Deposit - Nab 120 03/05/2011 6.30% 2,000,000.00 6.91%

Term Deposit - NAB 330 08/02/2012 6.40% 500,000.00 1.73%

Term Deposit - NAB 180 07/09/2011 6.35% 5,000,000.00 17.28%

Term Deposit - Bankwest 180 07/09/2011 6.35% 1,000,000.00 3.46%

Term Deposit - SUNCORP 273 23/11/2011 6.32% 500,000.00 1.73%

Term Deposit - SUNCORP 90 01/05/2011 6.07% 500,000.00 1.73%

Term Deposit - Westpac 60 25/04/2011 5.82% 700,000.00 2.42%

Term Deposit - NAB 180 07/09/2011 6.30% 500,000.00 1.73%

Term Deposit - Westpac 5yrs 05/12/2015 6.14% 1,000,000.00 3.46%

Term Deposit - Nab 365 01/12/2011 6.55% 1,000,000.00 3.46%

Term Deposit - Nab 180 18/06/2011 6.40% 500,000.00 1.73%

Term Deposit - Rabobank 187 07/09/2011 6.40% 500,000.00 1.73%

Term Deposit - ING 30 13/04/2011 5.53% 500,000.00 1.73%

28,942,261.37 100.00%

S M Glasson

Responsible Accounting Officer

07-Apr-11

Date

TOTAL INVESTED FUNDS

I certify that the investments listed in this schedule have been made in accordance with the provisions of

the Local Government Act, 1993, Local Government (General) Regulation 2005 and Council's Investment

Policy.

CERTIFICATE OF INVESTMENTS

AS AT 31 MARCH 2011


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16. MATTERS OF AN URGENT NATURE


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16. MATTERS OF AN URGENT NATURE

NIL


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17. QUESTIONS WITH NOTICE


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17. QUESTIONS WITH NOTICE

NIL


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18. COMMITTEE OF THE WHOLE


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18. COMMITTEE OF THE WHOLE

NIL


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The Meeting closed at 10.00am

Signed:

Cr Mark Troy, Mayor Chairperson


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19. REPORT ATTACHMENTS


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19. REPORT ATTACHMENTS

19.003/11

7.2. ALetter from ALGA – Constitutional Recognition of Local Government

(DWS 237585) ..............................................................................................................14

8.1.A. Draft Local Approvals Policy – Liquid Trade Waste (TO BE TABLED) (DWS 242800)

and the Liquid Trade Waste Policy 6 September 2005 (TO BE TABLED) .................19

8.2.A Plans of proposed development (DWS 242974)........................................................30

9.1.A Economic and T03.005/11ourism Development Plan (DWS 244080) ........................34

9.2.A ARTC North Coast Curve Easing Project Information Sheet (DWS 243787) ............37

9.3.A Draft Clarence Regional Library Service Agreement 2011–2017 (DWS 244141) ......42

10.2.A Copy of the plan to close public road (DWS 216148 and DWS 243387)....................54

12.1.A Minutes: Bellingen Shire Environment Advisory Committee – 5 April 2011

(DWS 243164) ..............................................................................................................59

12.2.A Minutes: Local Traffic Committee Meeting – 29 March 2011 (DWS 244275) .............60

15.1.A DA summary table (DWS 243465) ...............................................................................67

15.1.B DA processing times graph (DWS 243465) ................................................................67

15.1.C Summary chart of determined applications (DWS 243465) .......................................67

MINUTES Ordinary Meeting 27 April 2011 - bellingen.nsw.gov.au · BELLINGEN SHIRE COUNCIL – MINUTES - ORDINARY MEETING OF COUNCIL 27 APRIL, 2011 MINUTES: Ordinary Meeting of Council

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