1 opening prayer - kempsey shire · 19.12.2017 · 2017/ld-00428 lot 1 dp1111590 6 landsborough...

This is page 1 of the full text minutes of Kempsey Shire Council ordinary meeting held 19 December 2017.

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL

19 December 2017 commencing at 9.05am.

PRESENT:

Councillors E A Campbell (Mayor and Chairman), L J Hauville, S E McGinn, B J Morris, A P Patterson, D F Saul, A T Shields and A J Williams

Acting General Manager, R J Scott; Transformation Director, S Law; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson.

1 OPENING PRAYER

“Dear Lord, help us in our deliberations today so that our decisions will be for the greater good for the whole of Kempsey Shire - Amen”.

2 ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LAND OWNERS

“Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”.

3 APOLOGIES

2017.408 RESOLVED: Moved: Cl. Patterson Seconded: Cl. McGinn

That the apology submitted by Councillor Baxter for non-attendance at the meeting be accepted and leave of absence granted.

4 DECLARATIONS OF INTEREST

Nil

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2017.409 RESOLVED: Moved: Cl. Saul Seconded: Cl. Williams

That the confidential reports be considered in the confidential section of the meeting.


6 CONFIRMATION OF MINUTES

2017.410 RESOLVED: Moved: Cl. Shields Seconded: Cl. Patterson 1 That the minutes of the ordinary meeting of Kempsey Shire Council dated 21 November 2017

be confirmed. 2 That the minutes of the extraordinary meeting of Kempsey Shire Council dated 1 December

2017 be confirmed. 7 CITIZENSHIP CEREMONIES Nil 8 PUBLIC FORUM / PRESENTATIONS Public Forum 1 - Renea Rootes addressed Council speaking against the cinema project. 2 - Lynne Whitmore addressed Council speaking against the cinema. 3 - Margaret Campbell addressed Council speaking in relation to concerns on the Macleay

River 4 - Patricia Huckstepp addressed Council against the cinema and the airport. 5 - Jye Palise from St Paul’s College addressed Council speaking in favour of the cinema

project. Presentations

Garth Grundy from Gowings conducted a presentation on the Kempsey Cinema Project update. Kieran Dell from Majestic Cinemas conducted a brief presentation on the Kempsey Cinema Project. At this stage 10.57am the meeting adjourned for morning tea and upon resumption at 11.20am all present at the adjournment were in attendance with the exception of the acting General Manager. At this stage, 11.22am, Councillor Patterson retired from the Chamber and apologised for non-attendance at the remainder of the Meeting.


9 CONSIDERATION OF MOTIONS FOR SUPPLEMENTARY REPORTS AND MOTIONS FOR CHANGES TO THE ORDER OF BUSINESS

2017.411 RESOLVED: Moved: Cl. Saul

Seconded: Cl. Williams That the Agenda Order of Business be adopted and the late reports be considered in conjunction with the relevant Councillor or Community Strategic Plan reports. 10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS Nil

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

2017.412 RESOLVED: Moved: Cl. Shields Seconded: Cl. Saul That the recommendations contained in items 13.7 to 13.8, 17.1 in the current agenda as listed be adopted.

ITEM 13.7 STATEMENT OF CASH AND INVESTMENTS

Contact Person: Deanna O’Neill – Manager Finance File: N/A

PURPOSE Reporting on the statement of bank balance and investments for the month of November 2017.

2017.413 RESOLVED: Moved: Cl. Shields Seconded: Cl. Saul That the information be noted. ISSUES The Local Government Act 1993 requires that Council be notified at each ordinary meeting of details of all monies invested by Council.

A statement of balances and investments is shown in (Appendix K).

ITEM 13.8 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES

Contact Person: Erin Fuller – Manager Development Assessment File: N/A

PURPOSE

http://www.kempsey.nsw.gov.au/council/meetings/2017/2017-12-19/index.html


To report that the following applications have been determined for the period of November 2017 and includes approvals by Private Certifiers.

2017.414 RESOLVED: Moved: Cl. Shields Seconded: Cl. Saul That the information be noted. REPORT DETAILS Council Report on Local Development Applications, Modifications and Review of Determinations 2016/LD-00146 Lot 141 DP567944 8 SMITH STREET KEMPSEY CONTINUED USE OF EXISTING PHARMACY Applicant: RUNDE SHOPFITTERS PTY LTD 2017/LD-00119 Lot 31 DP833192 COLLOMBATTI ROAD FREDERICKTON QUARRY MANAGER'S/CARETAKER'S RESIDENCE Applicant: DEX CONSULTING PTY LTD 2017/LD-00173 Lot 280 DP1098732 466 CRESCENT HEAD ROAD CRESCENT HEAD SUBDIVISION (FOURTEEN LOTS) Applicant: MOODY C & MOODY C 2017/LD-00270 Lot 101 DP828365 WASHINGTON STREET EAST KEMPSEY RURAL SUPPLIES Applicant: WICKS D & WICKS J 2017/LD-00272 Lot 25 DP567381 87 EDGAR STREET FREDERICKTON MULTI DWELLING HOUSING Applicant: HADLOW DESIGN SERVICES 2017/LD-00297 Lot 277 DP754400 21-39 ANGUS MCNEIL CRESCENT SOUTH KEMPSEY CHANGE OF USE TO PHARMACEUTICAL INDUSTRY Applicant: DENNIS PARTNERS PTY LTD 2017/LD-00300 Lot 10 DP530207 124-132 PHILLIP DRIVE SOUTH WEST ROCKS DEMOLITION OF EXISTING DWELLING, CARPORT AND CONCRETE SLAB Applicant: GREENSTATE PROJECTS 2017/LD-00326 Lot 40 DP32035 43 GLADSTONE STREET KEMPSEY CONTINUED USE OF UNAUTHOURISED WORKS Applicant: HADLOW DESIGN SERVICES 2017/LD-00367 Lot 102 DP817906 442 STUARTS POINT ROAD YARRAHAPINNI SECONDARY DWELLING Applicant: DENNIS PARTNERS PTY LTD 2017/LD-00368 Lot 18 DP9648 13 MORTON AVENUE SMITHTOWN RAISE EXISTING DWELLING WITH ALTERATIONS & ADDITIONS


Applicant: MR R BROWN 2017/LD-00374 Lot 2 DP1137342 465 CRESCENT HEAD ROAD SOUTH KEMPSEY DETACHED DUAL OCCUPANCY Applicant: BAKER T & BAKER M 2017/LD-00375 Lot 25 DP771489 20 RIVENDELL ROAD ARAKOON DETACHED DUAL OCCUPANCY Applicant: MRS L A NEMME 2017/LD-00380 Lot 4 DP758083 13-15 OREEN STREET BELLBROOK SHED Applicant: MR R J HATFIELD 2017/LD-00385 Lot 3 DP816259 88 LEITH STREET WEST KEMPSEY ADDITIONS TO AGED CARE FACILITY (SOLAR PANELS) Applicant: KING & CAMPBELL CONSULTING SURVEYORS 2017/LD-00386 Lot 10 DP839097 119 EVERINGHAMS LANE FREDERICKTON DETACHED DUAL OCCUPANCY Applicant: MR B A FARRAWELL 2017/LD-00389 Lot 1 DP386654 4 HODGSON STREET CRESCENT HEAD ALTERATIONS & ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: PAUL SMITH BUILDING DESIGN 2017/LD-00391 Lot 15 DP26565 179 GREGORY STREET SOUTH WEST ROCKS ALTERATIONS & ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: HADLOW DESIGN SERVICES 2017/LD-00393 Lot 22 DP567974 232 SMITHS CREEK ROAD KUNDABUNG DWELLING AND CARPORT Applicant: MS L HALDANE 2017/LD-00003 REV01 Lot 1 DP908396 94 MAINEYS ROAD TURNERS FLAT ALTERATIONS AND ADDITIONS TO EXISTING DWELLING Applicant: DEX CONSULTING PTY LTD 2017/LD-00401 Lot 1 DP1152519 2400 SOUTH WEST ROCKS ROAD KINCHELA FLOOD MOUND Applicant: MR T PRATTEN 2017/LD-00407 Lot 5 DP258062 465 MUNGAY CREEK ROAD MUNGAY CREEK CONTINUED USE OF AN EXISTING BUILDING AS A SECONDARY DWELLING Applicant: MR D P WILLIAMS 2017/LD-00419 Lot 3 DP257359 165 GREGORY STREET SOUTH WEST ROCKS ALTERATIONS & ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: MR M J SPALDING 2007/LD-00406 REV02 SP93585 15 MEMORIAL AVENUE SOUTH WEST ROCKS


STRATA SUBDIVISION 6 UNITS Applicant: OWNERS OF SP93585 2017/LD-00421 Lot 212 DP754441 CRESCENT HEAD ALTERATIONS & ADDITIONS TO EXISTING FARM SHED Applicant: ROBBINS C & ROBBINS M 2017/LD-00423 Lot 15 DP1013727 40 CHANNELLS WAY EUROKA SHED AND ATTACHED CARPORT Applicant: BOND J & BOND P 2017/LD-00424 Lot 2 DP2030 3 HAT HEAD ROAD KINCHELA GARAGE Applicant: SHEDS N HOMES MID NORTH COAST 2017/LD-00425 Lot 9 DP1168206 42 HILLVIEW DRIVE YARRAVEL SWIMMING POOL AND DECK Applicant: SPANSWICK S & SIMON G 2017/LD-00261 REV01 Lot 1 DP782697 40 ELBOW STREET WEST KEMPSEY ALTERATIONS AND ADDITIONS TO EXISTING HOTEL Applicant: CLUB PROJECTS NEWCASTLE 2017/LD-00426 Lot 14 DP263927 85 LEITH STREET WEST KEMPSEY ALTERATIONS & ADDITIONS TO EXISTING DWELLING Applicant: MR S J MALES 2017/LD-00427 Lot 1 DP1191860 200 ILLA LANGI ROAD CRESCENT HEAD RELOCATED STORAGE SHED & GARAGE (SITE 57) Applicant: ROBERTS T & ROBERTS L 2017/LD-00428 Lot 1 DP1111590 6 LANDSBOROUGH STREET SOUTH WEST ROCKS CARPORT- COMPLYING DEVELOPMENT- PRIVATE CERTIFER Applicant: MR K J CLARKE 2017/LD-00430 Lot 93 DP869615 434 MARYS BAY ROAD DONDINGALONG SHED- COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MRS L J GILMOUR 2017/LD-00431 Lot 1 DP709335 MACLEAY VALLEY WAY CLYBUCCA COMMUNICATIONS TOWER - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: CPS GLOBAL 2017/LD-00435 Lot 29 DP1071014 14 LINKS VIEW CLOSE SOUTH WEST ROCKS DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR C P XAVIER 2017/LD-00436 Lot 58 DP1067832 207 EUROKA ROAD EUROKA FARM SHED Applicant: SHEDS N HOMES MID NORTH COAST


2014/LD-00333 REV01 Lot 3 DP801467 286-310 GREGORY STREET SOUTH WEST ROCKS FORTY-SIX (46) LOT SUBDIVISION Applicant: HOPKINS CONSULTANTS PTY LIMITED 2017/LD-00439 Lot 5 DP259812 1368 CRESCENT HEAD ROAD CRESCENT HEAD ADDITIONS TO EXISTING DWELLING Applicant: MACLEAY VALLEY BUILDING 2017/LD-00440 Lot 20 DP1213084 RACEMOSA CIRCUIT SOUTH WEST ROCKS DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR T J SILVIA 2017/LD-00441 Lot 19 DP1213084 RACEMOSA CIRCUIT SOUTH WEST ROCKS DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR K C TODKILL 2017/LD-00444 Lot 23 DP249351 78 LIKA DRIVE SOUTH KEMPSEY SWIMMING POOL Applicant: MRS L JEFFERY 2017/LD-00445 Lot 326 DP1048744 64 STANLEY FOLKARD PLACE SOUTH KEMPSEY ADDITIONS TO EXISTING DWELLING Applicant: MACLEAY VALLEY BUILDING 2017/LD-00451 Lot 7 DP114979 66 BARNARD STREET GLADSTONE GARAGE Applicant: SHEDS N HOMES MID NORTH COAST 2017/LD-00454 Lot 27 DP22527 70 TABRETT STREET WEST KEMPSEY ALTERATIONS & ADDITIONS TO EXISTING DWELLING Applicant: GRAHAM B & GRAHAM S 2017/LD-00458 Lot 2 DP1225523 627 PACIFIC HIGHWAY SOUTH KEMPSEY FOOD SHOP FIT OUT - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: HILLTOPS CERTIFYING SERVICES 2017/LD-00227 REV01 Lot 36 DP754400 SEALE ROAD SOUTH KEMPSEY RURAL SUBDIVISION (NINE LOTS INTO SIX LOTS) Applicant: MR C M ANDERSON & MS J M CAVANAGH (Please note: This includes approvals by Private Certifiers).

Type No Sub Value Complying Development 3 3 $53,842 Private Certifier Complying Development 7 7 $1,247,522 Development applications 30 30 $3,168,036 Modifications 5 5 -

There were 45 applications approved with a value of $4,469,400.00.


For the financial year to date there have been 241 approvals including 33 modifications approved. The 241 approvals have a value of $61,134,798.40. There are 115 applications awaiting determination. Council Report on Development Applications refused, withdrawn or rejected 2017/LD-00438 Lot 10 SP65506 3/9 MEMORIAL AVENUE SOUTH WEST ROCKS ADDITIONS TO EXISTING ALFRESCO DINING AREA Withdrawn by applicant Council Report on Construction Certificates Building 2017/CB-00220 Lot 14 DP758425 71 MACLEAY STREET FREDERICKTON RELOCATE DWELLING Applicant: OLMOW PTY LIMITED 2017/CB-00240 Lot 2 DP4411 MACLEAY VALLEY WAY SOUTH KEMPSEY COMMUNITY FACILITY Applicant: MR J G HASTINGS 2017/CB-00279 Lot 102 DP817906 442 STUARTS POINT ROAD YARRAHAPINNI SECONDARY DWELLING Applicant: DENNIS PARTNERS PTY LTD 2017/CB-00289 Lot 25 DP771489 20 RIVENDELL ROAD ARAKOON DETACHED DUAL OCCUPANCY Applicant: MRS L A NEMME 2017/CB-00294 Lot 4 DP758083 13-15 OREEN STREET BELLBROOK SHED Applicant: MR R J HATFIELD 2017/CB-00303 Lot 15 DP26565 179 GREGORY STREET SOUTH WEST ROCKS ALTERATIONS & ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: HADLOW DESIGN SERVICES 2017/CB-00307 Lot 22 DP567974 232 SMITHS CREEK ROAD KUNDABUNG DWELLING AND CARPORT Applicant: MS L HALDANE 2017/CB-00319 Lot 3 DP257359 165 GREGORY STREET SOUTH WEST ROCKS ALTERATIONS & ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: MR M J SPALDING 2017/CB-00320 Lot 212 DP754441 CRESCENT HEAD ALTERATIONS & ADDITIONS TO EXISTING FARM SHED Applicant: ROBBINS C & ROBBINS M 2017/CB-00328 Lot 16 DP1156464 22 TALLOWWOOD PLACE SOUTH WEST ROCKS TWO STOREY DWELLING - STAGE 1


Applicant: HADLOW DESIGN SERVICES 2017/CB-00329 Lot 1 DP758505 2 HOME STREET HAT HEAD TWO STOREY DWELLING Applicant: MR M J WILLIAMS 2017/CB-00330 Lot X DP404487 298-300 RIVER STREET GREENHILL SHED - PRIVATE CERTIFIER Applicant: MRS P PASSFIELD 2017/CB-00331 Lot 1 DP17411 78 RIVER STREET WEST KEMPSEY DWELLING & GARAGE Applicant: MS L FRASER 2017/CB-00332 Lot 1 DP1210141 SEALE ROAD BELMORE RIVER DWELLING - PRIVATE CERTIFIER Applicant: WILLIAMS S & WILLIAMS K 2017/CB-00333 Lot 9 DP1168206 42 HILLVIEW DRIVE YARRAVEL SWIMMING POOL AND DECK Applicant: SPANSWICK S & SIMON G 2017/CB-00334 Lot 14 DP263927 85 LEITH STREET WEST KEMPSEY ALTERATIONS & ADDITIONS TO EXISTING DWELLING Applicant: MR S J MALES 2017/CB-00335 Lot 1 DP1191860 200 ILLA LANGI ROAD CRESCENT HEAD STUDIO & DETACHED AMENITIES Applicant: MR D L ROSE 2017/CB-00336 Lot 1 DP1111590 26 LANDSBOROUGH STREET SOUTH WEST ROCKS CARPORT- COMPLYING DEVELOPMENT- PRIVATE CERTIFER Applicant: MR K J CLARKE 2017/CB-00337 Lot 93 DP869615 434 MARYS BAY ROAD DONDINGALONG SHED- COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MRS L J GILMOUR 2017/CB-00338 Lot 1 DP709335 MACLEAY VALLEY WAY CLYBUCCA COMMUNICATIONS TOWER - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: CPS GLOBAL 2017/CB-00005 REV01 Lot 1 DP908396 94 MAINEYS ROAD TURNERS FLAT ALTERATIONS AND ADDITIONS TO EXISTING DWELLING Applicant: DEX CONSULTING PTY LTD 2017/CB-00341 Lot 1 DP1191860 200 ILLA LANGI ROAD CRESCENT HEAD RELOCATABLE STORAGE SHED & GARAGE (SITE 57) Applicant: ROBERTS T & ROBERTS L 2017/CB-00342 Lot 29 DP1071014 14 LINKS VIEW CLOSE SOUTH WEST ROCKS


DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR C P XAVIER 2017/CB-00343 Lot 2 DP2030 3 HAT HEAD ROAD KINCHELA GARAGE - PRIVATE CERTIFIER Applicant: SHEDS N HOMES MID NORTH COAST 2017/CB-00345 Lot 15 DP1013727 40 CHANNELLS WAY EUROKA SHED - PRIVATE CERTIFIER Applicant: BOND J & BOND P 2017/CB-00346 Lot 23 DP249351 78 LIKA DRIVE SOUTH KEMPSEY SWIMMING POOL Applicant: MRS L JEFFERY 2017/CB-00347 Lot 326 DP1048744 64 STANLEY FOLKARD PLACE SOUTH KEMPSEY ADDITIONS TO EXISTING DWELLING Applicant: MACLEAY VALLEY BUILDING 2017/CB-00348 Lot 235 DP754441 12 RANKINE STREET CRESCENT HEAD ALTERATIONS & ADDITIONS TO EXISTING THREE STOREY DWELLING Applicant: MR D BUTCHER 2017/CB-00350 Lot 5 DP259812 1368 CRESCENT HEAD ROAD CRESCENT HEAD ADDITIONS TO EXISTING DWELLING Applicant: MACLEAY VALLEY BUILDING 2017/CB-00351 Lot 20 DP1213084 RACEMOSA CIRCUIT SOUTH WEST ROCKS DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR T J SILVIA 2017/CB-00352 Lot 19 DP1213084 RACEMOSA CIRCUIT SOUTH WEST ROCKS DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR K C TODKILL 2017/CB-00353 Lot 27 DP22527 70 TABRETT STREET WEST KEMPSEY ALTERATIONS & ADDITIONS TO EXISTING DWELLING Applicant: GRAHAM B & GRAHAM S 2017/CB-00354 Lot 5 DP758505 7 KINCHELA STREET HAT HEAD TWO STOREY DWELLING - PRIVATE CERTIFIER Applicant: MR S B NICHOLS 2017/CB-00355 Lot 2 DP1225523 627 PACIFIC HIGHWAY SOUTH KEMPSEY FOOD SHOP FIT OUT - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: HILLTOPS CERTIFYING SERVICES There were 34 certificates issued. (Please note: This includes approvals by Private Certifiers).


VARIATION TO THE DEVELOPMENT REQUIREMENTS CONTAINED IN KEMPSEY DCP 2013 All development applications determined involving variations to the development requirements contained in Kempsey DCP 2013 are required to be reported to Council for information. During the preceding month there was three applications approved involving variations to the development requirements contained in Kempsey DCP 2013.

Application number: T6-17-358 Subject land: Lot 11 Sec 10 DP 758302, 52 Skyline Crescent, Crescent Head Description: ADDITIONS to existing dwelling Chapter: C1 Residential Development – Urban Areas Development requirement:

Setback from Rear Boundary – Clause 8.4(a) 5m

Proposed: 2.8m Desired outcome: D04 Objections: The proposal was notified. No objections were received. Planning comment: Whilst the development requirement of 5m rear boundary setback hasn’t been provided for, it is considered that in this instance the desired outcomes are still achieved. The proposed additions are to be set back 2.8 metres to the verandah and 4.9 metres to the building wall, the neighbouring building to the north/west is set back 7.5 metres from the rear boundary providing 12.4 metres from wall to wall. Although the site is steep the proposed building is elevated single storey with existing tall vegetation planted at the rear of the proposed building, no views, privacy or overshadowing will be affected. The proposed setback is consistent with the character of the neighbourhood and no adverse impacts to adjoining properties are envisaged.

Application number: T6-17-272 Subject land: Lot 25 DP567381, 87 Edgar Street, Frederickton Description: MULTI DWELLING HOUSING Objections: The proposal was notified. No objections received. This application was reported to Council for determination in November 2017.

Chapter: B2 – Parking, Access and Traffic Management Development requirement:

On Site Parking Rate – Clause 7.2.1 5 covered car spaces and 2 visitor car spaces

Proposed: 3 covered car spaces, 2 uncovered car spaces and 2 visitor car spaces Desired outcome: D01, DO2 Planning comment: Whilst the development requirement of five (5) covered car spaces hasn’t been provided for in this development, it is considered that in this instance the desired outcomes are still achieved as sufficient on-site car parking is provided for the development. The non-compliance relates to the two existing dwellings for which uncovered (as opposed to covered) car spaces are proposed. On-site carparking for the two existing dwellings is currently provided by way of one uncovered space per dwelling forward of the building line. This arrangement is to remain although the carparking spaces are to be re-orientated in the same location and be formally constructed with a hard-stand surface. The minor non-compliance, of uncovered car parking spaces for the existing dwellings, is considered appropriate given the desired outcomes behind the development requirement are still achieved, by providing the sufficient number of on-site parking spaces and adequate space on-site for the parking of vehicles.

Chapter: C1 Residential Development – Urban Areas


Development requirement:

Side/Rear Setbacks – Clause 5.2.2(b) Minimum setback of 1.5 metres shall apply to the second storey provided the average setback in the same horizontal plane is not less than 3.0 metres

Proposed: Single storey development over 5 metres in height – 900mm side setback Dwelling 4 and Dwelling 5

Desired outcome: D01, DO3, DO4, DO5 Objections: The proposal was notified. No objections received. Planning comment: Whilst the development requirement of a 1.5m side setback hasn’t been provided for proposed Dwellings 4 and 5, it is considered that in this instance the desired outcomes are still achieved as the proposal does not result in overshadowing or compromise the privacy of adjoining dwellings. A 1.5m side setback is required for Dwellings 4 and 5 due to the overall height of the building from natural ground level exceeding five (5) metres in height, although not being two storey. The objective behind this requirement is to minimise any adverse impacts on adjoining properties. The development is sited and designed to accommodate the natural slope of the site and minimise overlooking into adjoining properties.

Chapter: C1 Residential Development – Urban Areas Development requirement:

Private Open Space – Clause 5.4(b) A minimum 25m2 of private open space, containing a rectangle with minimum dimension of 4m x 4m shall be provided.

Proposed: A minimum 25m2 of private open space for each existing dwelling not containing a 4m x 4m rectangle.

Desired outcome: D01, DO2, DO3 Objections: The proposal was notified. No objections received. Planning comment: The private open space proposed is a functional space and does not impact on adjoining properties or the overall amenity of the development. The private open space proposed for the existing two dwellings comprises of an area of 25.3m2 for Dwelling 1 and 26.4m2 for Dwelling 2. The site is constrained somewhat by the location of these existing dwellings. To provide the 4m x 4m rectangle for these dwellings would reduce the landscaped areas on either side of the driveway which are important for the overall amenity of the development. Given that the overall area of private open space for those dwellings complies, and the proposed configuration is functional, it is considered that the desired outcomes behind the development requirement are achieved. A condition has been recommended to further maximise the available private open space for dwelling 1.

Application number: T6-17-389 Subject land: Lot 1 DP386654, 4 Hodgson Street, Crescent Head Description: ADDITIONS TO FRONT COVERED DECK AND DWELLING ADDITIONS Chapter: C1 Residential Development – Urban Areas Development requirement:

Street Setbacks, Clause 5.2.1(e) Unenclosed structure setback 3.5m.

Proposed: Proposed roofed first floor deck setback is 2.53m Desired outcome: DO1, DO2, DO3, DO4, DO5, DO6 are maintained Objections: The proposal was notified. One submission received and resolved. Planning comment: The proposal is to extend the existing covered deck across the whole front of the existing dwelling with the encroachment occurring to accommodate the external stairs. The dwelling to the East has a similar front setback and will not be affected. There is no dwelling to the West as this is a corner allotment. No overshadowing of adjoining properties will occur. The proposed development satisfies the desired outcomes of KDCP2013 Chapter C1 Clause 5.2, Building Siting and Design.


ITEM 17.1 LOCAL TRAFFIC COMMITTEE MEETING HELD ON 5 DECEMBER 2017

Contact Person: Robert Scott – Director Infrastructure Services File: F12/1958

PURPOSE For Council to adopt the minutes of the Local Traffic Committee meeting 5 December 2017

2017.415 RESOLVED: Moved: Cl. Shields Seconded: Cl. Saul That the recommendations of the Local Traffic Committee meeting 5 December 2017 be adopted. ISSUES

A copy of the minutes of the meeting of the Local Traffic Committee 5 December 2017 is at (Appendix

L). 12 MAYORAL MINUTES

ITEM 12.1 MAYORAL MINUTE – EASY TO DO BUSINESS PROGRAM

Contact Person: Liz Campbell – Mayor File: F12/1722

PURPOSE Reporting on the proposal to enter into a Partnership Agreement with Service NSW to implement the Easy to do Business model for Kempsey Shire Council.

2017.416 RESOLVED Moved: Cl. Campbell 1 That Council delegates authority to the General Manager to enter into a contract with

Service NSW for Easy to do Business. 2 That any necessary documents be authorised for execution under the Common Seal of

Council. ISSUE:

It is proposed that Council enter into a partnership with Service NSW to deliver the Easy to do Business initiative to the Kempsey Shire, which aims to streamline the process for small businesses to engage with all levels of government, making it faster and easier to start, grow and run a small business.

Kempsey Shire Council is one of more than half of NSW Councils that have joined the Small Business Friendly Councils initiative since its commencement in 2014. The program provides Councils with information, initiatives and resources that build capabilities to assist them to support local business.




The benefits for Councils being involved with the Easy to do Business program are outlined below:

• Meet the community’s needs by providing a one-stop-shop tool to make doing business locally easier

• No cost for Council to sign up and participate in the program

• Increased productivity with ‘decision ready’ applications and reduced transaction costs

• Supports economic growth in the Shire by providing effective tools to boost our local economy, enabling more jobs

• More streamlined process enables a better experience for ratepayers and allows Council to provide services effectively and efficiently

• Improved whole of government collaboration, cooperation and integration

• Membership of Small Business Friendly Council Initiative

• Digital awareness campaigns to promote customer awareness.

BACKGROUND

Previously, small businesses such as cafes, bars and restaurants would take up to 18 months to navigate up to 13 agencies, 75 regulations, contact up to 30 phone numbers, and complete 48 forms to open a new business. The Easy to do Business program has seen this reduced to one digital application and one phone number, reducing the opening time for businesses to 90 days or less.

13 STAFF REPORTS

ITEM 13.1 SUBDIVISION (ONE LOT INTO THREE LOTS)

Contact Person: Erin Fuller - Manager Development Assessment File: T6-17-62

PURPOSE To determine development application T6-17-62 which seeks development consent for a three lot subdivision. A variation greater than 10% to the minimum lot size development standard under

Kempsey Local Environmental Plan (KLEP) 2013 is sought (Appendix A).

2017.417 RESOLVED Moved: Cl. Shields

Seconded: Cl. McGinn 1 That the variation sought to the minimum lot size development standard in clause 4.1 of

KLEP 2013 be supported. 2 That development consent be granted to development application T6-17-62 for a three lot

subdivision at 14 Hilton Trotter Place, West Kempsey subject to the conditions contained

in (Appendix B).




A Division resulted in the following votes. F = Voted For A = Voted Against

Campbell F Hauville A McGinn F Morris F

Saul F Shields F Williams F

Applicant: Andrew Hayes c/- Mark Rogers and Associates Owner: A Hayes and Estate of B Hayes Property: Lot 21 DP1052637, 14 Hilton Trotter Place, West Kempsey Zone: R1 General residential ISSUES Development consent is sought for the subdivision of the land so that each of the three existing dwellings are contained on their own allotment. A variation greater than 10% to the minimum lot size development standard of 500 square metres is sought in each instance. The proposed lot sizes are 308.1 square metres, 303.3 square metres and 342.5 square metres. BACKGROUND The application has been assessed against the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979. This report provides a discussion of the key matters arising from this assessment. Kempsey Local Environmental Plan (KLEP) 2013 Permissibility Subdivision is permissible with consent in accordance with clause 2.6 of KLEP 2013.


Clause 4.1 - Minimum subdivision lot size Pursuant to this clause, the size of any lot resulting from the subdivision of land in the R1 zone is not to be less than 500 square metres. Clause 4.6 – Exceptions to development standards The objectives of this clause are to provide an appropriate degree of flexibility in applying

development standards to particular development, and to achieve better outcomes for and from

development by allowing flexibility in certain circumstances.

The applicant’s written request seeking to justify the contravention of the minimum lot size

development standard is provided at (Appendix C).

Development consent can only be granted if Council is satisfied of the following:

Requirement/Criteria Comment

That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case.

The objectives of the minimum lot size development standard, as relevant to the proposal, are to promote the efficient use of residential land, and to ensure that lot sizes have a practical and efficient layout to meet the intended use. In this instance, strict compliance with the minimum lot size is considered unreasonable given these objectives are still achieved. The proposed lots will each accommodate a dwelling with appropriate vehicular access, adequate solar




access, sufficient private open space, and adequate off-street car parking.

That there are sufficient environmental planning grounds to justify contravening the development standard.

Clause 4.1A of KLEP 2013 permits a minimum lot size of 300 square metres when in the same application, consent is sought for subdivision and the erection of a dwelling house on each lot resulting from the subdivision. The objective of this clause is to encourage small lot housing without adversely impacting on residential amenity.

The current application would comply with clause 4.1A, and therefore be compliant with KLEP 2013, were it not for the fact that the three dwellings are existing. Given that the proposal demonstrates adequate residential amenity for the occupants of the three dwellings, as well as no adverse impacts for neighbours, it is considered that a variation to the development standard in this instance is justified.

The proposed development will be in the public interest because it is consistent with the objectives for development within the zone in which the development is proposed to be carried out.

The objectives of the R1 General Residential zone are:

▪ To provide for the housing needs of the community.

▪ To provide for a variety of housing types and densities.

▪ To enable other land uses that provide facilities or services to meet the day to day needs of residents.

▪ To encourage urban infill and redevelopment in areas that surround existing or proposed facilities and services.

The subdivision will contribute to the provision of a variety of housing types by providing a housing choice on smaller than standard lot sizes.

The concurrence of the Director-General has been obtained.

Pursuant to clause 64 of the Environmental Planning and Assessment Regulation 2000, the Director-General has notified Council of assumed concurrence under clause 4.6 of the Standard Instrument (Local Environmental Plans) Order 2006.

It is recommended the applicant’s clause 4.6 variation request be supported. Kempsey Development Control Plan (DCP) 2013 Compliance with KDCP 2013 is summarised below. Chapter B1: Subdivision

Section Required Complies Meets

Desired Outcome

6.3 Min access handle width of 5m for battle-axe

shaped lots NO* YES


Section Required Complies Meets

Desired Outcome

Lot dimensions and layout

Access way sited away from noise and visually sensitive components of existing and future

dwelling-houses YES YES

Right of way located to minimise impacts on front dwelling and suitable maintenance

arrangements YES YES

6.4 Services and easements

Provision of water, sewer, electricity and telecommunication services to each lot

YES YES

6.5 Stormwater Provision of satisfactory stormwater

management system YES YES

11.0 Developer

contributions Payment of relevant contributions YES YES

6.3 – Lot dimensions and layout

A 3.6 metre wide right of carriageway is proposed over the existing access that services the three

dwellings situated on the land. There are no alternative access options available for the proposal and

given the access is existing and will continue to adequately service the three dwellings, it is not

envisaged that the proposal will result in any adverse social or environmental impacts.

Chapter C1: Residential development – Urban areas

Section Required Proposed Complies Meets

Desired Outcome

5.1 Density

Min. 330m2 site area for 3 bed dwelling (Lot 211)



308.1m² (Lot 211)

303.3m² (Lot 212)

342.5m² (Lot 213)

NO*

YES

YES

YES Min. 115m2 landscaped

area for 3 bed dwelling (Lot 211)

Min. 85m2 landscaped area for 2 bed dwelling (Lot 212)

Min. 115m2 landscaped area for 3 bed dwelling (Lot

213)

118m² (Lot 211)

85m² (Lot 212)

120m² (Lot 213)

YES

YES

YES

5.2.1 Street

setbacks

Min. 5m to dwelling >10 metres for all

dwellings YES

YES Min. 6m to garage

> 6m from street and 1m behind façade for all

dwellings

YES


Section Required Proposed Complies Meets

Desired Outcome

5.2.2 Side/rear setbacks

Min. 0.9m 0.66m (Lot 211) 0.68m (Lot 212) 1.3m (Lot 213)

NO* NO* YES

YES

To be conditioned Compliance

with BCA fire rating

requirements

Min. average 1.8m >1.8m (Lot 211) >1.8m (Lot 212) >1.8m (Lot 213)

YES

Min. 675mm setback to roof

50mm (Lot 211) 50mm (Lot 212)

115mm (Lot 213)

NO NO NO

5.2.5 Solar Access

& Energy Efficiency

Min. 2 hours overshadowing to living areas and private open space of adjoining development

YES YES

5.2.6

Visual and Acoustic

Privacy and Amenity

Avoid overlooking of living spaces in buildings and private open spaces

YES YES

5.4

Private Open Space

Vehicle parking and

access

Min. 25m² including an area of 4m x 4m directly accessible from living space for all dwellings

YES

YES Adequate screening and landscaping of open

space areas that extends into the front setback. YES

5.5 Private

Open Space 1 covered space and 1

visitor space 2 spaces per

dwelling YES YES

5.1 - Density The desired outcome is to ensure development is compatible with the desired natural character of the neighbourhood and locality, and facilitates a high level of residential amenity that meets the needs of residents in terms of accommodation, services and open space on site. These outcomes were demonstrated as part of the application for the dwellings. This application is for the subdivision of the built form and these amenity aspects will not be adversely affected. 5.2.2 - Side setback The dwellings form part of an existing multiple dwelling development. The proposal is to formalise the separation of these dwellings via a Torren’s title subdivision. There will therefore be no impact on solar access, privacy, or private open spaces. The proposal ensures maintenance access to water, sewer and stormwater. The separation distance between some areas of the existing dwellings and proposed new common boundaries is less than 900mm. These parts of the existing buildings shall require upgrading to comply with fire rating requirements of the Building Code of Australia which the applicant has demonstrated can be achieved. Appropriate conditions are recommended requiring upgrade works to be undertaken prior to the issue of any subdivision certificate. Environmental There are no reasonably expected adverse environmental impacts as a result of the development. No


physical development works are proposed. Social & Economic There are no reasonably expected adverse social or economic impacts as a result of the development. The proposal will provide additional Torren’s title housing allotments to meet the needs of the community.

ITEM 13.2 ADDITIONS TO EXISTING EDUCATIONAL ESTABLISHMENT – COVERED OUTDOOR LEARNING CENTRE (COLA)

Contact Person: Erin Fuller - Manager Development Assessment File: T6-17-381

PURPOSE To determine development application T6-17-381 which seeks development consent for a Covered Outdoor Learning Centre (COLA) at Kempsey High School. A variation greater than 10% to the building height development standard under Kempsey Local Environmental Plan (KLEP) 2013 is sought.

2017.418 RESOLVED Moved: Cl. Morris Seconded: Cl. McGinn 1 That the variation sought to the building height development standards in clause 4.3 of KLEP

2013 be supported. 2 That development consent be granted to development application T6-17-381 for additions

to an existing educational establishment (covered outdoor learning centre) at Kempsey High

School, Broughton Street, West Kempsey subject to the conditions contained in (Appendix D

A Division resulted in the following votes. F = Voted For A = Voted Against

Campbell F Hauville F McGinn F Morris F


Applicant: Department of Education Owner: Minister for Education and Training Property: Lot 2 Section 16A DP759080, Broughton Street West Kempsey Zone: R1 General residential ISSUES

Development consent is sought for a COLA with a building height of 10.1 metres. This represents a variation greater than 10% to the maximum building height development standard of 8.5 metres as

stipulated in clause 4.3 of KLEP 2013 (Appendix E).

BACKGROUND




The COLA is proposed over an existing sports court within the grounds of the Kempsey High School. To construct the COLA, a freestanding masonry wall (5.3m long x 2.8m high) will need to be demolished and one mature Spotted Gum tree removed.

The application has been assessed against the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979. This report provides a discussion of the key matters arising from this assessment.

Kempsey Local Environmental Plan (KLEP) 2013

Permissibility

The proposal is on land zoned R1 General Residential whereby Educational Establishments are permissible with consent.

Clause 4.3 – Height of buildings

Lot 2 Section 16A DP759080

COLA


Pursuant to this clause, the height of a building on this land is not to exceed 8.5 metres. The proposed building is an unenclosed structure with a building height of 10.1 metres. The applicant has sought a variation to this development standard pursuant to clause 4.6.

Clause 4.6 – Exceptions to development standards

The objectives of this clause are to provide an appropriate degree of flexibility in applying certain development standards to particular development and to achieve better outcomes for and from development by allowing flexibility in certain circumstances.

The applicant’s written request seeking to justify the contravention of the minimum height of

building development standard is provided at (Appendix F).

Development consent can only be granted if Council is satisfied of the following:


That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case.

The objectives behind the maximum height development standard are to retain the local character and to protect the amenity of existing and future dwellings from adverse impacts on privacy, solar access and on the urban streetscape.

The proposed COLA is consistent with these objectives in that:

• the built form of a number of buildings on the school site are of equal or greater building height;

• it is an unenclosed structure, setback 3 metres from the Broughton Street boundary, which will enhance the use of the sport courts; and

• Broughton Street provides a minimum 30 metre buffer, inclusive of median vegetation, between the proposed COLA and any neighbouring dwellings opposite.

That there are sufficient environmental planning grounds to justify contravening the development standard.

The COLA has been sited to cover the existing sport courts which results in a 3 metre setback from the property boundary. However, it should be noted that if a 5 metre setback was to be provided, and were it not for the heritage significance of the site, the development (with a height of 10.1 metres) would be classed as complying development under the Educational Establishments and Child Care Facilities SEPP 2017.

Given that there are no adverse amenity or heritage impacts associated with the proposed 3 metre setback, it is considered that there are sufficient environmental planning grounds to justify contravention of the building height development standard in this instance.




The proposed development will be in the public interest because it is consistent with the objectives for development within the zone in which the development is proposed to be carried out.

One of the objectives of the R1 General residential zone is to enable other land uses that provide facilities or services to meet the day to day needs of residents. Kempsey High School has been educating students of the Macleay Valley and surrounds for over 80 years. The facilities within the school have adapted to relevant standards over this time. The proposed development will maintain all weather access to the existing sports court for students and staff, as well as providing shelter from the elements. It also ensures relevant Workplace Health and Safety standards can be met.

The concurrence of the Department of Planning & Environment (DPE) Secretary has been obtained.

Pursuant to clause 64 of the Environmental Planning and Assessment Regulation 2000, the Director-General has notified Council of assumed concurrence in respect of applications made under clause 4.6 of the Standard Instrument (Local Environmental Plan) Order 2006. This proposal is a type of development for which concurrence can be assumed.

It is recommended that the applicant’s clause 4.6 exception request be supported. Clause 5.10 Heritage Conservation European and Aboriginal heritage have been considered. A Statement of Heritage Impact was submitted with the development application. Council’s Heritage Advisor concurs with the recommendations of this assessment and these have been reinforced in the conditions of consent (and associated advices). These recommendations relate to the materials and colours to be used, and obligations of persons should relics be discovered during works.

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

The Educational Establishments and Child Care Facilities SEPP commenced on 1 September 2017.

Development for the purpose of a school may be carried out on land zoned R1 General residential with development consent pursuant to clause 35(1).

Before determining a development application, the consent authority must take into consideration:

Clause 35(6) Comment

(a) The design quality of the development when evaluated in accordance with the design quality principles set out in Schedule 4, and

Principle 1 – context, built form and landscape

The design and spatial organisation of buildings and the spaces between them should be informed by site conditions. In this case, the location of the COLA is in response to the location of the existing sport courts.


Clause 35(6) Comment

Principle 2 – sustainable, efficient and durable

Schools should be designed to be durable, resilient and adaptable, enabling them to evolve over time to meet future requirements. The COLA could be removed relatively easily in the future should it be required.

Principle 3 – accessible and inclusive

The COLA will improve accessibility by allowing use of the sport courts in otherwise unfavourable weather conditions.

Principle 4 – health and safety

The COLA will provide a sun and rain protected area which will enhance health and safety for staff and students.

Principle 5 – amenity

The COLA is not envisaged to adversely impact on the amenity of adjacent development and the local neighbourhood. It will enhance the usability of the outdoor sport courts for staff and students.

Principle 6 – whole of life, flexible and adaptive

Should the COLA not be required at this location in the future, it could be removed and reused elsewhere.

Principle 7 – aesthetics

The materials and colours have been selected in response to the heritage significance of the site and are considered aesthetically appropriate.

(b) Whether the development enables the use of school facilities (including recreational facilities) to be shared with the community.

Placing a COLA over the existing sport courts will not impact on or prevent the sharing of the school facilities with the community.

Draft State Environmental Planning Policy (Coastal Management) 2016

The subject site is within the coastal use area as stipulated in the draft Coastal Management SEPP. The application has been assessed against this instrument and is considered satisfactory. The following comments are provided:

a) The proposal is consistent with the aims and objectives of this draft environmental planning instrument.

b) The site is not near a foreshore, beach, headland or rock platform and public access to and

along the coastal foreshore will not be affected, nor will it create conflict between land and water based activities.


c) The development will not result in the loss of views or create any overshadowing, wind funnelling or loss of views to adjoining or adjacent properties.

d) The development is appropriate for the site and will not impact on the scenic qualities of the

locality or the NSW coast. e) The proposal is not expected to adversely impact on Aboriginal cultural heritage or places. The

recommended conditions of consent advise of a person’s obligations should archaeological material be uncovered during works.

f) No adverse impacts upon any threatened species or wildlife corridors are expected.

g) Given the distance of the site from the river and coast, no direct impacts on marine ecosystems are expected, nor any perceived impacts on coastal processes or the surf zone.

Environmental

The site is mapped as bush fire prone land and the existing development is considered a special fire protection purpose and requires the NSW Rural Fire Service (RFS) to issue a bush fire safety authority for the development.

The RFS have issued a bush fire safety authority for the development, subject to a condition pertaining to emergency and evacuation arrangements. This condition is included in the recommended conditions of consent.

Social

There are no reasonably expected adverse social impacts as a result of the development. The COLA provides all weather access to an outdoor sports court for both students and potentially the community.

Economic

There will be limited economic benefit through the construction of the COLA. Councillor Williams declared a non-significant interest in the following item for the reason that he is president of a soccer club who use land referred to in the report and remained in the Chamber.

ITEM 13.3 PLAN OF MANAGEMENT FOR COMMUNITY LAND

Contact Person: Robert Scott – Acting Director of Operations File: F12/2083

PURPOSE To report on the outcomes of the public exhibition of the Plan of Management for Community Land (POM) and recommend the plan for adoption.

2017.419 RESOLVED Moved: Cl. Williams Seconded: Cl. McGinn That the Plan of Management for Community Land be adopted.


ISSUES

The draft POM was placed on public exhibition with a 42 day submission period, commencing 6 October 2017 and closing 16 November 2017.

It was identified that Lot 191 DP752437, Yarrabandini Road, Frederickton, which is community land, was not included in the plan.

This parcel of land has been used by the club since the mid-1930s for the purpose of a privately-operated golf course. The property details and special provision to authorise the continued use of this land by the club for this purpose have been included in the POM. This alteration does not require re-advertising of the POM as the listed use does not differ from the long-term existing use.

It was also identified that Lots 1-4 DP607071, Tea Tree Lane, Belmore, are not community land. Therefore these land parcels have been removed from the POM.

A public hearing was held on 31 October 2017. No objections or requests for amendment of the plan were made.

Full details of the public hearing proceedings are contained in (Appendix G).

A copy of the final POM document is contained in (Appendix H).

ITEM 13.4 PROCEDURE ON PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR COUNCILLORS

Contact Person: Daniel Thoroughgood – Manager Information Management & Governance

File: F12/818-04

PURPOSE To adopt Council’s procedure on the payment of expenses and provision of facilities to the Mayor and Councillors.

2017.420 RESOLVED Moved: Cl. McGinn Seconded: Cl. Shields That the procedure on payment of expenses and provision of facilities for the Mayor and Councillors be adopted with the removal of clauses 6.33, 6.34, 6.35 and 6.36. Acting General Manager Recommendation: That the procedure on payment of expenses and provision of facilities for the Mayor and Councillors be adopted. ISSUES In June 2017 the Office of Local Government made available a Councillor Expenses and Facilities Policy – Better Practice Template (Circular 17-17) for use by all councils. The template was designed to be amended to suit local needs and circumstances. The major change was the inclusion of maximum




expenditure limits for specific expenses and facilities. Council’s current procedure was incorporated into the template and a copy provided to Councillors for feedback on 14 November 2017. Following receipt of feedback the following changes being incorporated into the template version:

• A table of maximum expenditure limits, purpose and frequency is contained in the procedure summary. These amounts have been aggregated from existing budget amounts

• Information and communications technology (ICT) expenses have been aggregated to include the following without specifying detailed sub-category components:

o ICT devices i.e. laptop, iPad, phone

o services i.e. internet

o home office expenses i.e. stationery

• The following clauses relating to Spouse and Partner expenses are proposed to be removed from the revised procedure as it is considered to be a private benefit: o Existing clause 2.3 c) - Limited expenses of spouses, partners or accompanying persons

associated with attendance at the Local Government NSW annual conference shall be met by council. Such expenses would be limited to costs of registration and official conference dinners.

o Existing clause 2.3 d) - Where a Councillor represents the Mayor at an official function

within New South Wales, expenses incurred by spouses will be met if such attendance of the spouse is considered appropriate by the Mayor and the General Manager.

A copy of the procedure with track changes is contained in (Appendix I) and for ease of reading a copy

of the clean procedure with all amendments accepted is contained in (Appendix J).

ITEM 13.5 MATTERS IN PROGRESS

Contact Person: Daryl Hagger – Acting General Manager File: F12/1930

PURPOSE To update Councillors on the progress of resolutions of Council MOVED Moved: Cl. Williams Seconded: Cl. Shields 1 That the information be noted. 2 That the acting General Manager provides Council with an information update on the

progress of item 131. 3 That in item 212 Council acknowledge the draft VPA has not been placed on public




exhibition at this stage. WORKSHOP

2017.421 RESOLVED: Moved: Cl. Morris Seconded: Cl. McGinn That Council move into workshop to allow discussion in open Council on item 13.5. MOTION TO RESUME COUNCIL MEETING

2017.422 RESOLVED: Moved: Cl. Shields Seconded: Cl. Morris That the formal Council meeting be resumed.

2017.423 The MOTION was PUT to the MEETING and was CARRIED. Acting General Manager Recommendation: That the information be noted. BACKGROUND

MATTERS IN PROGRESS ARISING FROM PREVIOUS COUNCIL MEETINGS General Manager

Min/CRM # Subject Resolution Progress

204 2017.345 Item 13.6 2017-10-17

Future Rating

Options

4 That a further report be presented to Council on the outcomes of the community consultation to determine if a Special Rate Variation to renew the Environmental Levy is submitted to the Independent Pricing and Regulatory Tribunal.

10 November 2017 Consultation has commenced in line with endorsed community engagement strategy and rating options identified in the report.

Acting Director Operations Min/CRM # Subject Resolution Progress

37 2016.273

Item 13.6

2016-11-15

Implementation

of the rural

residential land

release strategy

– Masterplan

proposal –

Verges Creek

(North) rural

residential land

release area

That the selection of verges

creek (north) rural residential

land release area as the pilot

project for the preparation of a

masterplan as a means of

implementing Council’s rural

residential land release

strategy be endorsed.

11 September 2017

Three private planning

proposals from individual

owners have been

pursued rendering the

Masterplan redundant.

December 2017

No further action is

proposed on this

resolution



Recommend Removal

113 2017.127 Item 13.6 2017-4-18

South Kempsey Pressure Sewerage System

1 That construction of a low pressure sewer scheme for the proposed and potential industrial developments along Macleay Valley Way at South Kempsey be considered as a priority project in the draft delivery program.

Meetings are being arranged with each of the major stakeholders to confirm the proposal and their commitment. 10 October 2017 Revised grant application being developed under the Growing Local Economies Program.

December 2017 Resolution 2017.127 committed to construction of the low pressure sewer scheme on the pretext of a successful grant. The grant was unsuccessful; however, in anticipation a construction budget was allocated. Detailed design will complete in early February which will provide more detailed costing. Further information will be provided to Council post the completion of the detailed design

114 2017.130 Item 13.12 2017-4-18

Lease Request - Rudder Park – NSW Government Telco Authority

1 That the use of Rudder Park for the rollout of the Critical Communications Enhancement Program be supported.

A response has been provided to the NSW Telco Authority. Action Complete

2 That subject to the successful completion of a Plan of Management and Planning Approvals, a lease be entered into on the terms set out in correspondence dated 15 February 2017 from the NSW Government Telco Authority.

December 2017 A Plan of Management is recommended for adoption. An offer to enter into the lease will be made. It is up to the NSW Telco authority to proceed with the lease or not. There will be no further reporting unless there is a change to what



Council has already approved Recommend Removal

3 That the General Manager be delegated authority to sign the lease documents.

December 2017 This delegation will only be required if the NSW telco authority is still willing to take up the lease. No further reporting is proposed Recommend Removal

131 Item 15.5 2017.171 2017-5-16

Kempsey Shire Council's Saleyards Review

That the following matters be included in the review of the saleyards business plan; a Compliance of the present

users with their licences, b Financial situation, with

last two years, and projections to end of present licences,

c Animal welfare d Impact of changing cattle

prices and e Impact on the saleyards

viability due to changes to neighbouring district saleyards situation.

Progress has been delayed with resources allocated to investigation of alternate options for the cinema. December 2017 The review of the business plan is deferred pending an EOI process to test market interest in the facility’s potential commercial expansion.

162 2017-7-18

Item 13.2

2017.254

Macleay Valley

Closed Circuit

Television

System

That Council accept the revised

proposal of $190,037.91 (GST

inclusive) submitted by Secdata

Pty Ltd.

3 August 2017

Proposal Accepted,

Implementation

commenced.

Recommend Removal

168 2017-7-18 Item 15.1 2017.261

Garage Sale Trail Participation

That Kempsey Shire Council receives a report concerning the participation in the Garage Sale Trail from 2018 or an independently Council run garage sale weekend.

To be reported to an upcoming meeting. 8 November 2017 Data has been gathered regarding previous garage sales and report to be prepared.

173 2017.282 Item 13.2 2017-8-15

Kempsey Airport Fly Neighbourly Agreement

1 That the scope of matters to be addressed in the Noise Management Plan and associated Fly Neighbourly Agreement, as

11 September 2017 Process commenced to determine community reference group.



detailed in the following report be endorsed.

2 That expression of interest from community members be sought to serve on a Community Reference Group to assist in the process for preparing a draft Noise Management Plan and associated Fly Neighbourly Agreement.

A total of 17 EOI’s were submitted. A process is being implemented to gather further information from applicants so that a group can be selected to provide a good cross representation of the key stakeholders.

31 October 2017 Second round responses are due to be received by 17 November. Reporting on selection and establishment of the committee should be completed for the December meeting.

7 December 2017 Around a dozen second round responses have been received and an assessment is to be undertaken during December. Second round respondents have been sent a letter advising a report will be provided to Council in January to recommend the Group’s membership and terms of reference.

176 2017.285

Item 13.6

2017-8-15

Implementation

of Crown Land

Reforms

That an Expression of Interest

be lodged in conjunction with

the Kempsey Local Aboriginal

Land Council to participate in

the next implementation round

of the Crown Lands Act.

11 September 2017

EOI submitted

177 2017.286

Item 13.7

2017-8-15

Church Hill

Quarry

2017.286

That a process be commenced

to terminate the agreement

with NSW Quarry Services for

the development of Church Hill

Quarry if an alternative

11 September 2017

Process commenced



agreement cannot be

negotiated.

184 2017.303 Item 13.3 2017-9-19

KLEP 2013

Amendment 18

– Planning

Proposal –

Marys Bay

Road, Euroka

1 That Council exercise delegation from the NSW Department of Planning and Environment to make the LEP Amendment.

2 That Council holds a workshop on the Development Control Plans for information purposes.

10 October 2017

Process commenced to

make the plan.

December 2017

Workshop held on 29

November 2017.

Recommend Removal

189 2017.323 Item 13.8 2017-9-19

Grant Funding

Opportunities

That grant applications be prepared and submitted for the relevant grant opportunities based on the priorities indicated in the report.

December 2017

Applications in progress.

Further consideration

being given to how this

matter is tracked and

regularly reported on

196 2017.336 Item 13.14 2017-10-17

Interim

Procedure –

Public Domain

Contributions

Plan

1 That the Draft Procedure – Interim Transitional Arrangements – Kempsey Town Centre Public Domain Section 94 Contributions Plan (2010) be adopted.

2 That the nominated date of commencement of the procedure be the date on which formal notification is published in the Macleay Argus.

3 That all owners of land to which the Kempsey Town Centre Public Domain Section 94 Contributions Plan (2010) applies, be notified of Council’s decision and provided a copy of the adopted procedure.

4 That Council receives a six monthly report that identifies any changes in development activity since the introduction of the Procedure – Interim Transitional Arrangements – Kempsey Town Centre

13 November 2017 Formal notification in the Macleay Argus planned for 14 November 2017. This will become the nominated date of commencement for the Procedure. Land owners to be notified following the formal date of commencement.

The first six monthly

report will be due May

2018.

December 2017

Procedure commenced

on 14 November 2017.

Land owners notified by

letter.



Public Domain Section 94 Contributions Plan (2010).

211 2017.370 Item 15.2 2017-11-21

Development of Strategy to Upgrade Unsealed Roads

That Council considers resourcing a cost benefit analysis of constructing and sealing each of Councils unsealed roads that have a traffic volume in excess of 150 vehicles per day as part of the 2018/2019 Operating Plan.

December 2017

To be considered in

developing the draft

operating plan

document for 2018/2019

Traffic data will be

progressively updated

following road grading

as the opportunities

arise.

212 2017.380 Item 13.2 2017-11-21

Kempsey Cinema Project

1 That the Public Private Partnership for development of the Kempsey Cinema complex including a profit/risk/loss sharing model not be progressed.

2 That the Kempsey Cinema proposal be supported with the allocation of $2M from accumulated reserves to match $2M in grant funding from the Federal Government.

3 That the proposed Voluntary Planning Agreement between Kempsey Shire Council and Gowings Bros Ltd be placed on public exhibition for a period of no less than 28 days.

December 2015

The OLG have been

advised that the PPP will

not be progressed

Gowings and Majestic

have been advised of the

intention to proceed

subject to signing of the

VPA.

The draft VPA has been

placed on public

exhibition

214 2017.382 Item 13.4 2017-11-21

Proposed Sale of Council Land - South West Rocks and West Kempsey

1 That the investigations into suitable operational land for sale continue and recommendations for individual properties be reported to Council.

2 That investigation of potential community land for reclassification and sale proceed in conjunction with the open spaces strategy.

December 2017

Notification of owners

adjoining lots for sale is

being completed in

South West Rocks.

Valuations have been

sought on individual lots.

Agents have been

approached and

marketing proposals are

being considered. As the

proposals are accepted



3 That the following parcels of land be listed for sale:

a) Lot 81 DP805382, Lot 39 DP 819591, Lot 132 DP829565, Lot 26 DP844106 and Lot 122 DP1051855 at South West Rocks.

b) Lot 19 DP20694, Lot 10 DP2007, Lot 4 DP1100421, Lot 40 DP1676, Lot 41 DP1676 and Lot 42 DP1676 at West Kempsey.

4 That if the agreed sale price is at least 90% of the independent valuation then the seal of Council be affixed to all documentation as required.

5 That the proceeds of sale for lots in South West Rocks be directed to the Section 94 fund for use on improvements to open spaces as required by the conditions of reclassification.

the properties will be

listed for sale.

215 2017.383 Item 13.5 2017-11-21

Rural Dwelling (Quarry Manager’s Residence)

1 That the variation sought to the minimum lot size development standard in clause 4.2A of KLEP 2013 be supported for a manager or caretaker residence in association with the quarry operation.

2 That development consent be granted to development application T6-17-119 for a rural dwelling to accommodate a quarry manager or caretaker at Lot 31 DP 833192 Collombatti Road Frederickton, subject to the conditions contained in (Appendix O).

3 That development consent be granted for a limited

December 2017

Development Consent

issued.

Recommend Removal



time only, lapsing on the same date as the quarry approval, 22 May 2027.

216 2017.384 Item 13.6 2017-11-21

Multi Dwelling Housing

That development consent be granted to development application T6-17-272 for the construction of multi dwelling housing at 87 Edgar Street, Frederickton, subject to the conditions contained in (Appendix Q).

December 2017

Development Consent

issued.

Recommend Removal

217 2017.385 Item 13.7 2017-11-21

Detached Dual Occupancy

That development consent be granted to development application T6-17-374 for a detached dual occupancy at 465 Crescent Head Road, South Kempsey, subject to the conditions contained in (Appendix T).

December 2017

Development Consent

issued.

Recommend Removal

219 2017.387 Item 13.19 2017-11-21

Proposed Naming of South Kempsey Oval

1 That the South Kempsey Oval be named “Jim Stirling Oval”.

2 That a suitably inscribed plaque with a pertinent biography be placed beside the oval, after consultation with the family of James Stirling OAM and the Cricket Association.

December 2017

Proposal approved

Recommend Removal

220 2017.388 Item 13.10 2017-11-21

Lower Macleay Floodplain Risk Management Plan – Technical Group

The Macleay Floodplain Risk Management Technical Group is established to assist in the preparation of the Lower Macleay Flood Risk Management Plan.

December 2017

The Group will be

established sometime in

February/March. The

EOIs to prepare the

Lower Macleay Flood

Study do not close until

19 December 2017.

222 2017.390 Item 13.12 2017-11-21

Revision of The Landfill Schedule of Fees and Charges

That the schedule of fees and charges for the disposal of waste at all of Council’s waste facilities be revised and the draft revisions be placed on public exhibition for a period of 28 days to seek comment.

5 December 2017

Changes to the schedule

of fees and charges has

been publicly advertised

for comment as per

resolution.

Recommend Removal



223 2017.391 Item 13.13 2017-11-21

Grant Offer – Replacement of Turners Flat Bridge

1 That acceptance of the grant funding offer of $1,995,615 be endorsed.

2 That the Bridge Renewal Program be revised to include the repayment of a loan taken to fund Council’s contribution towards the project.

3 That the Delivery Program target of 16 timber bridges being replaced is reduced to 10.

December 2017

Grant offer accepted.

Works program modified

for inclusion in the draft

2018/2019 Operating

Plan

Delivery program target

revised.

Recommend Removal

224 2017.392 Item 13.14 2017-11-21

Back Creek Boating Access Improvements

1 That the final concept plans for the Back Creek Boating Access Improvements be adopted.

2 That survey and detailed design of the proposed improvements be commenced allowing costs to be determined and potential grant funding sought.

December 2017

Plans adopted

GHD engaged to

commence survey and

detailed design of civil

works. Building design

for amenities

commenced.

Recommend Removal

225 2017.393 Item 13.15 2017-11-21

KLEP 2013 Amendment 22 – Planning Proposal – ‘Housekeeping’ Amendment

That the Draft Planning Proposal and associated documentation be referred to the Minister for Planning with a request for the plan to be made.

December 2017

Matter referred to

Department of planning

Waiting further advice

from the Department of

Planning

226 2017.397 Item 15.1 2017-11-21

Development of Long Term Energy Strategy

That Council develops a long-term energy strategy, with a draft strategy to be considered in the next delivery program of Council.

December 2017

Development of a draft

strategy will be

considered as part of the

draft 2018/2019

Operating Plan.

228 2017.399 Item 15.4 2017-11-21

Unmaintained Council Roads

That Council be provided with a report that lists Council Roads that are currently unmaintained that service at least three residential dwellings. That the report details the following information for each road:

December 2017

Collection of data has

commenced

Development of the

report will be considered

as part of the draft

2018/2019 Operating

Plan.



a Length of road from a road maintained by Council to last residential dwelling.

b Estimated annual cost to maintain the road.

c Number of residential dwellings on unmaintained section of road.

d Number of dwellings approved by Council in the past five years.

to be considered for resourcing as part of the 2018/2019 Operating Plan.

Acting Director Corporate Min/CRM # Subject Resolution Progress

80 2017.34 Item 13.8 2017-2-21

Delegations of Authority procedure

2 That an outsourcing policy be developed.

10 November 2017 The draft Outsourcing Policy was provided to the Consultative Committee and Unions for review in August 2017. An amended Policy was considered at the Consultative Committee on 12 October 2017. The Policy has been provided for final consultation to staff for review and recommendations for adoption at the December Consultative Committee meeting. The Policy will be reported to the first Council meeting after that date.

159 2017.233 Item 4 2017-6-27

Integrated Planning and Reporting Framework

3 That the Operating Plan 2017-2018 be adopted with the recommended changes contained within the report and the addition of;

3 August 2017 Delivery Program and Operating Plan have been updated and placed on Council’s website. No funding



- funding towards the organisational review.

- funding towards the implementation of the Communications Strategy.

- the development of annual key performance indicator targets.

- additional funding be provided to the Economic Sustainability Services.

- allocate technical support for community groups/projects.

has been identified for the new projects below at this point.

7 That a report be brought back to Council for the items to be reviewed or implemented no later than September ordinary meeting.

11 September 2017 Work has been commenced but not completed for a review of the 2017/2018 Operating Plan.

209 2017.362 2017-11-21

Confirmation of Minutes

1 That the minutes of the ordinary meeting of Kempsey Shire Council dated 19 September 2017 be amended with the following;

That Item 13.14 lines 37, 113 part 1, 162, 176 and 177 remain in the Matters in Progress Report until finalised

and the remaining minutes be confirmed.

23 November 2017 Minutes have been amended Items have been reinstated into the Matters in Progress Report. Recommend removal

210 2017.363 2017-11-21

Confirmation of Minutes

That the minutes of 17 October 2017 be amended to record the time the motion of dissent was moved by Councillor Hauville as 10.16am.

23 November 2017 Minutes have been amended. Recommend removal

213 2017.381 Item 13.3 2017-11-21

Corporate Business Systems Replacement

1 That under Section 178(3)(e) of the Local Government (General) Regulation 2005 enter into negotiations with IT Vision for the provision of a corporate business system.

2 That the General Manager be authorised to enter an agreement with IT Vision Australia Pty Ltd.



3 That the contract documents be executed under the seal of Council.

218 2017.386 Item 13.8 2017-11-21

Quarterly Budget Report

1 That the Budget Review for the period ending 30 September 2017 is adopted and the variations contained therein are approved and financed from the sources as indicated.

2 That the amendments to the operating plan be determined by way of a Councillor’s workshop.

221 2017.389 Item 13.11 2017-11-21

Council Policies That the following policies as amended be adopted: Customer Service and Public Notification Policy (2.1) Ageing and Disability Policy (2.2) Cultural and Public Art Policy (2.5) Grant Funding Policy (2.6) Health, Wellbeing and Recognition Policy (2.7) Library Service Policy (2.8) Committees of Council Policy (5.2) Conditions of Employment Policy (5.5) Work Health and Safety Policy (5.6) Return to Work Policy (5.7) Records Management Policy (5.8) Use of Information Technology Resources Policy (5.10) Public Private Partnership Policy (5.12)

8 December 2017 The policies have been updated on Council’s website. Recommend removal

227 2017.398 Item 15.3 2017-11-21

Enhancing Opportunities for Local Firms to do Business with Council

That the General Manager develops a draft Local Purchase Policy incorporating a 5% Notional Price Offset as a part of Councils Procurement Policy, to be presented to the March 2018 Ordinary Meeting of Council.



229 2017.400 Item 15.7 2017-11-21

Council Meeting Time Change to 5.00pm

That Council investigate live streaming of Council meetings.

ITEM 13.6 ON SITE SEWAGE MANAGEMENT STRATEGY

Contact Person: Ken Ward – Manager Regulatory Compliance File: F12/2136

PURPOSE To consider variation to the Budget to transfer funds from On-site Sewage Management Reserve Fund to engage additional officer to increase the number of inspections of very high and high risk sites.

2017.424 RESOLVED Moved: Cl. Morris Seconded: Cl. Hauville That $126,000 from On-site Sewage Management Reserve is allocated to conduct additional inspections over the remainder of this financial year. ISSUES The 2017/2018 Operating Plan identified a Service Level Measure to “Inspect high risk septic systems for compliance annually”. The Service/Action is to “provide 840 onsite septic tank inspections”. Currently there is one officer operating the program and undertaking inspections. Previously assistance from the building surveyors were available to conduct inspections. Over the last couple of years Council has not been able to fill building surveyor’s positions and thus have not been able to undertake service level inspections on On-site Sewage Management Systems (OSMS). The Service/Action of 840 inspections will not be met without alternate action. Risk mapping of the shire has identified 1,150 properties that are very high and high risk sites. Just over 4,000 other sites are medium and low risk. There are a total of 5,159 OSMS. The On-site Sewage Management Reserve Fund has a balance of $236,000 at 30 June 2018. It is proposed to transfer $126,000 from reserves to Operating Expenses (OSMS) to engage an additional officer to increase the number of inspections of very high/high risk sites within the shire over the next six months. Engaging an additional officer will assist in the total number of inspections. BACKGROUND On-site Sewage Management reforms were introduced by the NSW Government in 1998 following the Wallis Lake contamination incidents. Under the Local Government Act, property owners are required to obtain Council approval for the operation of any OSMS and must comply with conditions of approval. In order to control and regulate OSMS, Council introduced and implemented the On-site Sewage Management Strategy which sets performance standards and related maintenance and reporting requirements.


Councils On-site Sewage Management Officer is currently responsible for: • the operation of the rating/annual charge program and issuing annual approvals with the rates; • the operation of the inspection program; • risk mapping; • monitor service documentation for approved systems; • providing advice to customers, plumbers and consultants on the installation of new systems and upgrades; • inspection of OSMS upgrades; • pursuing upgrades of identified non-compliant systems; • responding to complaints; • checking water sampling results for the Macleay and Coastal Estuaries; • reviewing OSMS reports for proposed subdivisions (including recommending suitable DA conditions and/or subdivision restrictions); and • reviewing applications for new dwellings and other developments. The system for charging was derived from the practices of councils from the Hunter northward in accordance with OLG guidelines. The system involves funding Council’s On-site Sewage Management Strategy from an annual charge and charges for follow-up inspections where required. In 2016/2017 Council undertook risk mapping of the shire. There are 1,150 OSMS within the Shire that are classified as very high or high risk systems OSMS. An OSMS may be classified as very high or high risk for various reasons, including:- • proximity of OSMS in relation to oyster aquaculture areas (SEPP 62 – within a 100m of the river from Kinchela to the river entrance including the Stuarts Point arm); • soil type; • size of lot; • groundwater depths; • proximity of OSMS to watercourse, gully or dam; and • geomorphological features of the landscape. There are 5,159 registered OSMS within the Kempsey Shire Council LGA. A breakdown of these systems is as follows:


• Residential: 5,002 • Small Commercial: 122 • Large Commercial: 35 In order to rotate through all 4,009 low/medium risk OSMS on an 8 year cycle period - 500 inspections per year would be required. It is important to inspect the low and medium risk systems to ensure poorly performing systems do not pollute the ground and waterways. The high/very high risk sites can be divided into 96 within SEPP 62,810 systems on lots less than 2,000m2 and 244 properties within 100m of Macleay River or major creeks. These 1,150 systems are required to be inspected as part of the 2017/2018 Operating Plan. A total of 1,650 inspections should be undertaken each year in order to inspect all high/very high risk systems annually and rotate through low/medium risk systems on an 8 year cycle period. A review of the On-site Sewage Management Strategy inspection will be undertaken in the preparation of the 2018/2019 Operating Plan. In the interim additional resources, in the form of a temporary officer plus vehicles for both inspectors is proposed.

ITEM 13.9 ENVIRONMENTAL LEVY COMMUNITY ENGAGEMENT

Contact Person: Lyndal Harper – Acting Manager Community Relations File: F12/2079

PURPOSE Reporting on consultation with the community regarding consideration of an application to IPART to renew the existing Environmental Levy, due to expire on 30 June 2018.

2017.425 RESOLVED Moved: Cl. McGinn Seconded: Cl. Williams 1 That the engagement results be noted. 2 That the community feedback be considered in designing future environmental programs. 3 That an application be made to the Independent Pricing and Regulatory Tribunal (IPART) to

seek a Special Rate Variation of 4.20% above the annual rate peg of 2.30% to renew the Environmental Levy for a further 10 years, commencing in 2018/2019.

ISSUES Council resolved at the October 2017 Ordinary meeting to undertake consultation with the community with a view to considering making an application to the Independent Pricing and Regulatory Tribunal (IPART) for a Special Rate Variation (SRV). A letter of intention to apply for a SRV

has been lodged with IPART, a copy is contained in (Appendix N).



The proposed SRV of 4.20% above the rate peg would allow for the continuation of the Environmental Levy which has been in place since 2008/2009 and funds significant environmental restoration projects to manage, protect and preserve our waterways and natural environment. BACKGROUND The four-week community engagement program undertaken adhered to the Community Engagement Strategy that was endorsed by Council and included:

• Media Release – seeking community feedback on the Environmental Levy

• Advertising in Council notices – published in the Macleay Argus and Macleay Valley

Happynings on November 21, November 22, November 29, December 5, December 6 and

December 12

• Social media posts on Facebook that reached 1081 people

• Face to face engagement at the November Community Meeting of Upper Macleay

Landowners; Gladstone Markets November 19; and Kempsey Riverside Twilight Markets

December 2

• Direct email newsletter to 428 members of Your Say Macleay

• Mayoral Column inviting the community to have a say – published in the Macleay Argus and

Macleay Valley Happynings, November 27 and 28

• Posters distributed to Customer Service Centre, Libraries and community facilities

• Hardcopies of the survey and fact sheets available at Council’s Customer Service Centre and

Libraries

There was considerable participation in the engagement opportunity as reported below:

• 279 people visited the Environment Levy page on the Your Say Macleay website

• Staff collected 81 written survey responses from face to face engagement

• 40 participants completed the quick poll question online asking which of the three rating

options they preferred. This was the same question as in the detailed survey but didn’t require

respondent to register as a member of Your Say Macleay to participate


• 41 participants completed the online survey including the question asking which of the three

rating options they preferred

• Three participants made written submissions to Council

Engagement Results

• 75% of respondents to the rating options question supported applying for a 10-year extension

to the Environmental Levy

• The top three environmental programs that survey respondents are aware of:

a) Weed management programs and education presentations

b) Water quality monitoring in the Macleay River

c) Boyters Lane wetlands walkway and educational centre

• The three highest ranked proposed future environmental programs were:

a) Flood mitigation works such as modelling of floodwater management practices for

Clybucca/Collombatti; upgrade Hat Head flood levee bank; upgrade Eden Street flood

levee; raising South West Rocks Road

b) Weed management programs targeting class four noxious weeds

c) River management and carrying out actions from the Macleay River Eco Health Report

Card

• 60 respondents provided further suggestions for other environmental projects Council could

be working on with the strongest theme being around weed management. This data will be

further analysed in preparing actions identified in future years Operating Plans

Table 1: Breakdown of Rating Options Results Question: Which of the following options do you prefer?

Option 1: Don’t charge an

environmental levy – fund environmental

works from base rates and reduce other Council services

Option 2: Pay a lower levy than the current

average per household of $53 and

reduce the environmental

services and programs

Option 3: Apply for a 10-year extension to the Environmental Levy at the existing

rate of an average of $53 per household

and maintain current levels of service


Source

Online Quick Poll 4 6 30

Survey (online + hardcopy)

10 21 91

Totals 14 27 121

Percentages 8.6% 16.7% 74.7%

Table 2: Consideration of Submissions

The three written submissions received contained in (Appendix O) have been summarised below.

Name Address Submission Comments Response/ Recommendation

Peter Hull Email provided

Support maintenance of the Environmental Levy. Has been involved in positive actions achieved through funding available from the Environmental Levy as Chairperson of the Hat Head Dune Trust and Hat Head Dune care.

Comments ongoing vigilance is essential if we are to protect the valuable natural resources which residents and tourists enjoy.

Acknowledgement and ensure inclusion on Council’s email newsletter database.

Peter Worthing Address provided

Objects to any further Environmental Levy on the grounds that existing programs and works are not best practice, and well managed.

Referenced issues with Floodway Zones at Pola Creek East Kempsey and Lindsay Noonan Drive South West Rocks.

Requests an audit of flood zones, works associated with Stormwater Levy and explanation of why only ratepayers are hit with such costs.

Acknowledgement, further review of specific issues in line with development of 2018/2019 Operating Plan actions and associated Community Catch-up site inspections.

John Bowell Email provided

Supports the continuation of the Environmental Levy.

Acknowledgement.

14 RESCISSION MOTIONS Nil



15 NOTICES OF MOTION

ITEM 15.1 REQUEST TO STATE TREASURY FOR ECONOMIC BENEFIT ANALYSIS - PLUMMERS LANE UPGRADE

Contact Person: – Leo Hauville - Councillor File: F12/1722

MOVED Moved: Cl. Hauville Seconded: Cl. Williams That Council request an Economic Benefit Analysis of a Plummers Lane upgrade from State Treasury, with the change of 9.9 kilometres at 80 km/hr to 9.2 kilometres at 100 km/hr being factored-in to show: A) Drivers’ yearly benefit in time and fuel costs savings, B) The cohort of 2700 daily vehicle users yearly benefit in time and fuel costs savings and C) The flow-on economic benefit to the whole Kempsey Shire Community. The MOTION was PUT to the Meeting and was LOST.

2017.426 RESOLVED Moved: Cl. Williams Seconded: Cl. McGinn That Council does not proceed with further investigations into realignment of Plummers Lane and similar notices of motion not be brought before this Council for the remainder of its term. A DIVISION was called for by Councillors Morris and McGinn which resulted in the following votes being recorded.

Campbell F Hauville A McGinn F Morris F


PURPOSE I intend to move the following motion at the ordinary meeting to be held Tuesday, 19 December 2017. That Council request an Economic Benefit Analysis of a Plummers Lane upgrade from State Treasury, with the change of 9.9 kilometres at 80 km/hr to 9.2 kilometres at 100 km/hr being factored-in to show: A) Drivers’ yearly benefit in time and fuel costs savings, B) The cohort of 2700 daily vehicle users yearly benefit in time and fuel costs savings and C) The flow-on economic benefit to the whole Kempsey Shire Community. ISSUES


The use of Economic Benefits has been used in such infrastructure improvement planning as the proposed Western Link Macleay River crossing. This motion seeks information that will inform Councillors on the importance (or not, depending on advice received from Treasury) on providing the Shire Community with a safe and efficient road network to enable the best possible economic outcomes for the Shire. In other words, Councillors will be able to use this information as a necessary input into any future road upgrade proposals anywhere in the shire. Such information could be used to compare projects that are funded through Council sources and grant sources and decide on the one that gives the most economic benefit to the Shire. One such example: a new bridge between Stuarts Point and South West Rocks OR a new bridge connecting West and South Kempsey (the Western Link). There is no need for consideration of funding, or to proceed with the upgrade of Plummers Lane in this motion. Any such consideration, or not, may flow from the report from Treasury on the Economic Benefit Analysis of this scenario. BACKGROUND 2700 daily vehicles movements were reported to October Council, with no specific vehicle types or number of occupants. Fuel efficiency in almost all modern vehicles is best achieved at a constant speed and one with the speed being between 90 and 110 km/hr according to NRMA research. The road was once 100 km/hr and due to the request from one resident through the then Local Member, the Traffic Committee reduced the allowed maximum speed to 80 km/hr. The Acting Director Operations stated at the October Council Meeting that there had been no Economic Benefits analysis of an upgrade to Plummers Lane. State Treasury have a computer program to analyse such information, as shown by their media release in late January that the M1 closure adjacent to Gosford was costing the State $2 million an hour. According to the Roads and Maritime Services (RMS) the benefits of upgrading a road and carrying out safety improvements results in supporting regional development through: 1. Safer Travel, 2. Reduced travel times with improved transport efficiency, 3. More consistent and reliable travel and 4. Improved amenity for local communities. (from Pacific Highway Project website) General Manager’s Additional Information Council considered an item at the October 2017 meeting of Council. The resolution at that time was as follows: 1 That no further investigation of options to upgrade Plummers Lane to a 100km/hr design

speed be completed.


2 That future road works incorporate as far as possible improvements to the road geometry within the existing road reserve except where it is practical and cost effective to undertake minor road widening.

The item, with the same recommendations, was considered at the November meeting of Council and lapsed for the want of a seconder. The road speed was revised by the RMS through a speed zone review. There have been several reviews of speed zones on regional roads over the last seven years. Only the RMS has delegated authority to determine speed zones. They do this based on a range of factors, including (but not limited to) road alignment, surrounding land use, accident history and safety analysis. Their decisions are not open to appeal. Expenditure on an economic benefit analysis is not considered to be warranted given the previous resolution of Council.

16 DELEGATES REPORT Nil

17 COMMITTEE REPORTS

18 DELIVERY PROGRAM PERFORMANCE INDICATORS

ITEM 18.1 KEY PERFORMANCE INDICATORS

Contact Person: Daryl Hagger – Acting General Manager File: F12/1908

PURPOSE Updating status of key performance indicators for the month ending 30 November 2017.

2017.427 RESOLVED Moved: Cl. McGinn Seconded: Cl. Williams That the information be noted. BACKGROUND Key Councils Role Control Direct decision-making and action is required as this is core business of

Council including statutory responsibilities and service provision. Includes Council facilities and services, buildings and other assets.

Influence Areas of partial or shared responsibility for Council including advocacy,


lobbying, education and communication. Action may be possible in collaboration with other agencies and levels of government.

Concern Represents a wide range of issues of importance to the community and

Council’s demonstrated awareness and understanding is important alongside inclusion in long-term strategic visions.

Annual Key Performance indicators next updates

KPI Next Update

# Residents July 2018

# Rating of overall satisfaction with Council May 2018

# Rating of satisfaction with Council’s outgoing communications May 2018

$ Farm output ($) mill March 2018

$ gross regional product March 2018

% satisfaction of businesses with Council October 2018

% key development stakeholders expressing satisfaction September 2017

$ Total visitor spend ($) mill October 2017

% satisfaction of visitors with quality of general facilities July 2018

Comment

$ variable grant funding received

TSA - Crown Land $35,091

Weed Control - Grassy Head $18,182

Drive to Conditions - RMS Grant $10,000

Workshops Safer Driving - RMS Grant $1,441

Live & Local grant $15,000

Macleay River Estuary Coastal Management program - Stg 1 Scoping Study $24,000

Korogoro Creek Estuary Management Program - Stg 1 Scoping Study $12,000

Killick Creek Estuary Coastal Management Program - Stg 1 Scoping Study $12,000

Total $127,714

% unplanned leave hours per employee 3.97% is the raw data result for the unplanned leave for November. Taking into account known employee significant non work related injury/illness the unplanned leave adjusted result is 3.42% for the month. # of lost time Injuries per million hours worked One lost time injuries for the month of November, YTD lost time injuries = 2. YTD result is the rolling


LTIFR in the last 12-month period against hours worked.

Key Stakeholder

Key Performance Indicator

2016/17 Results

Delivery Plan

Target

Frequency Measured

YTD Councils Role

Residents

Wealthy # residents 29,684 30,000 Annual Influence

Connected # rating of overall satisfaction with Council

2.99 3.3 Annual Control

Connected # rating of satisfaction with Council's outgoing communications

2.79 3.00 Annual Control

Connected # community projects undertaken by groups in the community

19 60 Monthly 3 Control

Wealthy # new residences approved

262 140 Monthly 91 Influence

Safe # break & enter, malicious damage crimes

876 790 Quarterly Concern

Business

Wealthy # people employed in shire

11,314 12,600 Quarterly 12,600 Influence

Wealthy % unemployment 7.28% 7% Quarterly Influence

Wealthy $ farm output ($mill) $139.2 $148 Annually Influence

Wealthy $ gross regional product ($mill)

$1,261 $1,290 Annually Influence

Wealthy $ value of development applications approved ($mill)

$79 $200 Monthly $61.06 Concern

Connected % satisfaction of businesses with Council

59% 75% Annually Control

Connected % key development stakeholders expressing satisfaction

75% Annually 80% Control

Visitors


Key Stakeholder

Key Performance Indicator

2016/17 Results

Delivery Plan

Target

Frequency Measured

YTD Councils Role

Wealthy $ total visitor spend ($mill)

$49.6 $64 Annually $130 Influence

Connected % satisfaction of visitors with quality of general facilities

73% 75% Annually Control

Employees

Wealthy $ saved through innovation

$130,000 $ 800,000

Monthly - Control

Connected % unplanned employee turnover

6.1% 10% Quarterly Control

Connected % of positions unfilled

6.4% 2% Quarterly Control

Connected % of instances where service levels achieved

88% 80% Monthly 93.66% Control

Connected % projects completed on time and on budget


Connected % satisfaction of staff with employment

86% 90% Quarterly Control

Safe % unplanned leave hours per employee

4.70% 3.9% Monthly 4.72% Control

Safe # of lost time Injuries per million hours worked

19.51 11.00 Monthly 15.0 Control

Government

Leadership % variable grants received from applications made


Leadership $ variable grant funding received ($mill)

$6.00 $3.5 Monthly $547,714 Control

Leadership % expected financial parameters met

100% Annual Control

19 COUNCILLOR QUESTIONS 2017-10-17 RJS

COUNCILLOR B J MORRIS FILE: F12/1945 QFNM1


What process was followed to select Gowings Bros as Councils business partner for the Kempsey Cinema. If this was not an open process would this comply with all relevant regulations? RESPONSE: There was no formal process involved. At the time the application was made for funding under Round 1 of the National Stronger Regions, a number of potential locations were considered. Gowings put a proposal forward after the first application had been made. The proposal was firmed up for Round 2. The Round 2 application was successful because it could be demonstrated that there was willingness of the private sector to join with Council and the government in funding the proposal. This complies with all relevant regulations and was not a matter that was contested by the Office of Local Government (OLG). A council is not required to obtain proposals for public-private partnership by open tender. 2017-10-17 RJS

COUNCILLOR B J MORRIS FILE: F12/1945 QFNM2 Does the execution of a Voluntary Planning Agreement need to be tied to a Development Application? If so, will this require an amendment to the Development Application for the Kempsey Cinema project? RESPONSE: No, it does not need to be tied to a development application. It is a mechanism for a council (or planning authority) to make an agreement with a developer that provides a material public benefit to the community. Amendment of the DA for the cinema is not required. A VPA should not be used to duplicate the requirements of a condition of development consent. 2017-10-17 RJS

COUNCILLOR S E McGINN FILE: F12/1945 QFNM1 Re South West Rocks Scout Hall: could Council please be informed as to the outcome of the request by SWR Scouts to extend their fenced area to increase the safe enclosed area for Scout activities? RESPONSE: The South West Rocks Scout's premises are located upon Crown land and it is understood that they have a direct lease with the Crown for occupation of the same. The adjoining land consists of both Crown land and Crown road. Council has no involvement in either sections of land. A response has been provided to the Scout group advising them of the adjoining land ownership and that they will need to enter into negotiations with Crown Lands directly. 2017-11-21 DBH COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM1 Would all MIDROC minutes from the last 12 months be forwarded to Councillors as soon as possible?

RESPONSE: A copy of MIDROC Meeting Minutes for the past 12 months was provided to Councillors on 23 November 2017.

2017-11-21 RJS COUNCILLOR L J HAUVILLE FILE: F12/1945


QFNM2 What progress has there been in the Australian International Aviation College preparing a resubmission of their Development Application?

RESPONSE: This is not known. It is up to the college to submit the additional information sought by the JRPP if they wish to pursue determination of the application.

2017-11-21 RJS COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM3 How was the answer to Councillor Baxter’s Question (F12/1945) “In general, the reliance on flood stock refuges has diminished” ascertained or, if not definitive, is there a need for a survey of landholders?

RESPONSE: This commentary was based on:

• The fact that no residents responded to NPWS with interest in holding a licence over the refuges in the National Parks.

• The number of flood mounds constructed on private property in the last five years.

• General observation of preparations for flooding in 2009, 2010, 2011 and 2013. If property owners are not willing to maintain and operate flood refuges on their own, then there is unlikely to be a high priority on this need.

2017-11-21 RJS COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM4 Why is the one car park in front of Local Member’s office in Elbow Street now No Parking?

RESPONSE: Concern over a lack of adequate disabled taxi spaces throughout Kempsey was raised by local operators. A report was presented to the Local Traffic Committee (LTC) as Item 4.8 on 6 June 2017. The creation of "No Parking" zones was considered the most suitable measure to address this issue. The recommendation of the LTC was considered at the ordinary meeting of Council on 20 June 2017 and adopted. Part of the adopted recommendation is: 1 That “No Parking” zones be created at the following locations to provide legally accessible pick up / drop off zones for the general public and for handicapped persons travelling by mobility taxi: a) On the north side of Elbow Street West Kempsey in front of Local State Member’s office in place of the current standard parking bay.

The following questions from Councillor Patterson were given to the minute taker before he left the meeting. 2017-11-21 RJS COUNCILLOR A P PATTERSON FILE: F12/1945 QFNM1 New bio security law – cleaning of vehicles on entry then exit of farms has this new law been advertised/explained to all residents of the Macleay? RESPONSE: No, Council does not normally undertake a process of explaining changes in the law to all residents. Generally, it is up to residents to make themselves aware of changes in laws. The fact

sheets contained in (Appendix M) have been circulated to all operational staff for information.



2017-11-21 RJS COUNCILLOR A P PATTERSON FILE: F12/1945 QFNM2 What is the total Section 94 contributions received for the Euroka Dondingalong area? RESPONSE: Council’s s94 contributions plans cover meeting future infrastructure provision over many s94 collection catchments. It is not possible to immediately extract the details of s94 contributions levied in the Euroka / Dondingalong area as these locations do not form a discrete contribution catchment, rather being part of a larger contribution catchment that includes South Kempsey and Kempsey. To provide the total s94 contributions for the requested area will require administrative resources to be redirected to the task of reviewing the contributions register over the past 20 years. To complete the request could possibly entail a period of 4 weeks unless a tighter limit is applied to the data being sought.

2017-11-21 RJS COUNCILLOR A T Shields FILE: F12/1945 QFNM1 Could we please have an update on the proposed soft plastic recycling bins for Gladstone and South West Rocks? RESPONSE: Council received community requests for soft plastics recycling and invited EzyWaste to install their receptacles at Council's waste facilities located at South Kempsey, South West Rocks and Stuarts Point. The service has not been expanded to non-council or un-staffed locations due to contamination, litter and arson risks. It has not been widely promoted as the service is reliant upon Ezywaste continuing to accept the material free of charge (this is dependent on market conditions and acceptable contamination levels). The preference is for soft plastics bought at grocery stores to go back to them for recycling as there is a cost for Council to sort and transport the uncontaminated soft plastics back to Ezywaste.

2017-11-21 RJS

COUNCILLOR D F SAUL FILE: F12/1945

QFNM1

Kemps Access - has this road been graded?

RESPONSE:

No, it is likely to be graded in February 2018 based on current plans.

2017-12-19

COUNCILLOR S E McGINN FILE: F12/1945 QFNM1 Can an explanation be provided why there has been very low water pressure at Lower Macleay recently?

2017-12-19

COUNCILLOR S E McGINN FILE: F12/1945 QFNM2 What is the time frame for replacing the broken tiles on the Smith Street Mall?

2017-12-19

COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM1


Will all Councillors be given access via the Digital Locker to all of the Federal Government Grant of $2 million Conditions towards the Cinema and were any of these conditions dependent on a Public Private Partnership or was a Voluntary Planning Agreement also in these Grant’s Conditions?

2017-12-19

COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM2 What is the itemised breakdown of the costs of external advice etc in support of the Kempsey Cinema Project and what would be the estimated cost of staff time allocated?

2017-12-19

COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM3 With regards to Byron and Bega Shire Councils decisions to recommend against a Development Application being submitted to Joint Regional Planning Panels, and to elect Councillors (at Byron SC) to speak in opposition to a particular DA KSC was informed by the previous GM and a Director that these actions would be illegal if undertaken by this Council? Are these Councils (Byron and Bega) acting according to the 1993 Local Government Act?

2017-12-19

COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM4 What has the total income to Council been from the Australian Aviation College for 2017, what has been the surmised other income to the Shire Community, and will this be increased in 2018?

20 CONFIDENTIAL ITEMS STAFF REPORTS FOR CONFIDENTIAL BUSINESS PAPER IN CLOSED MEETING

ITEM 20.1 VARIOUS LEGAL MATTERS

Contact Person: Daryl Hagger – Director Corporate Management File: F12/1960

Section 10A(2)(g) – Legal Proceedings This report is submitted on a confidential basis as it involves advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (Local Government Act 1993, Section 10A (2)(g)) On balance, the public interest in preserving the confidentiality of the advice outweighs the public interest in openness and transparency in Council decision making by discussing the matter in open meeting.

ITEM 20.2 NSW QUARRY SERVICES, HARD ROCK QUARRY, LOT 4 DP622304, 593 GOWINGS HILL ROAD, DONDINGALONG


Contact Person: Erin Fuller – Manager Development Assessment File: T6-14-53, LA7597

Section 10A(2)(e) – Maintenance of Law This report is to be considered on a confidential basis as it contains information that would if disclosed, prejudice the maintenance of law (section 10A(2)(e) of the Local Government Act 1993). On balance, the public interest in preserving the confidentiality of the information which relates to matters of law outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.

2017.428 RESOLVED: Moved: Cl. Saul Seconded: Cl. Williams That Council form itself into the Confidential Session, and at this stage, the meeting be closed to the public to permit discussion of the confidential business items listed for the reasons as stated in the Agenda.

CLOSED MEETING The ordinary Council meeting IN CLOSED commenced at 1.20pm.

RESUME IN OPEN MEETING

2017.429 RESOLVED: Moved: Cl. Morris Seconded: Cl. Williams That the ordinary Council meeting in Open Meeting be resumed. The ordinary Council meeting resumed in OPEN MEETING at 1.22pm.

FROM COUNCIL IN CLOSED MEETING STAFF REPORTS FROM CONFIDENTIAL BUSINESS PAPER IN CLOSED MEETING

ITEM 20.1 VARIOUS LEGAL MATTERS

Contact Person: Daryl Hagger – Director Corporate Management File: F12/1960

PURPOSE Reporting on the current position regarding legal matters.

2017.430 RESOLVED Moved: Cl. Shields Seconded: Cl. McGinn That the information be noted.

ITEM 20.2 NSW QUARRY SERVICES, HARD ROCK QUARRY, LOT 4 DP622304, 593

GOWINGS HILL ROAD, DONDINGALONG

Contact Person: Erin Fuller- Manager Development Assessment I File: T6-14-53, LA7597

Section 10A(2)(e) - Maintenance of Law

This report is to be considered on a confidential basis as it contains information that would if disclosed, prejudice the maintenance of law (section 10A(2)(e) of the Local Government Act 1993).

On balance, the public interest in preserving the confidentiality of the information which relates to matters of law outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.

PURPOSE

To inform Council of the significant non-compliances with development consent T6-14-53 relating to the hard rock quarry at 593 Gowings Hill Road, Dondingalong and seek endorsement of the intended compliance action.

2017.431 RESOLVED

That Council commence enforcement action as follows:

Moved: Cl. McGinn

Seconded: Cl. Shields

a in the first instance, instruct Council's solicitor to prepare a "letter before action" providing

NSW Quarry Services with a last chance to comply with the conditions in development

consent T6-14-53 within a specified timeframe; and

b in the case of failure to comply within the specified timeframe, commence "class 4" civil

proceedings in the Land and Environment Court seeking Court Orders requiring compliance

with development consent T6-14-53 for the extension of an existing quarry at Lot 4 DP622304,

593 Gowings Hill Road, Dondingalong.

21 CONCLUSION

There being no further business, the Mayor then closed the meeting, the time being 1.22pm.

I hereby certify that this is a true and correct record of the minutes of the Kempsey Shire Council ordinary meeting held Tuesday 19 December

2017

...... �� MAYOR-EA CAMPBELL

Minutes Of The Crescent Head Community Purposes (R98039) Reserve Trust Held At The Conclusion Of The Kempsey Shire Council Ordinary Meeting 19 December 2017

MINUTES OF THE CRESCENT HEAD COMMUNITY PURPOSES (R98039) RESERVE TRUST HELD AT THE CONCLUSION OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 19 December 2017 commencing at 1.23pm. PRESENT: Councillors E A Campbell (Mayor and Chairman), L J Hauville, S E McGinn, B J Morris, D F Saul, A T Shields and A J Williams Acting General Manager, R J Scott; Director Transformation, S Law; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson.

1 APOLOGIES

2017.432 RESOLVED: Moved: Cl. Morris Seconded: Cl. Saul That the apology submitted by Councillor Baxter and Patterson for non-attendance at the meeting be accepted and leave of absence granted.

2 REPORT

ITEM 1 LEASE RENEWAL OF CRESCENT HEAD COMMUNITY PRE-SCHOOL INC.

Contact Person: Trevor Dickson – Manager Technical and Civic Services File: F12/1113, LA9447

PURPOSE To renew the lease to Crescent Head Community Pre-School Inc for a period of ten (10) years and consent to a Mortgage of Lease.

2017.433 RESOLVED Moved: Cl. Morris Seconded: Cl. Williams That the Common Seal of the Reserve Trust be affixed to a ten (10)-year lease and the Mortgage of the Lease between Crescent Head Community Pre-School Inc. and the Reserve Trust R98039, commencing on the current lease expiration date of 29 November 2018. ISSUES

The Crescent Head Community Pre-School Inc. (Pre-School) leases whole of Reserve 98039, Lot 9 DP40088 situated at 3 Killuke Crescent, Crescent Head. Earlier this year, the Pre-School was approved for a NSW Department of Education $100,000 Capital Works Grant to extend their indoor space. A ten (10)-year lease is a condition for the NSW Department of Education to release the grant funding. The current lease is not due to expire until 29 November 2018 and therefore the Pre-School has commenced the renewal process of their current lease.

Council may opt to apply a lesser rental then the minimum; however, this is not recommended.

BACKGROUND

A copy of the NSW Department of Education correspondence confirming the grant funding and the security required to release the funding is attached at VAppendix AJI.

As per Crown Land Policy, Council instructed Mid Coast Property Consultants Pty Ltd to undertake a Rental Valuation Report. The Rental Valuation Report is attached at kAppendix B�. The market rental value supplied by the valuer is $8,500.00 (excluding GST) per year.

To enable the Grant Funding to be released a new ten (10)-year lease has been prepared in draft and sent to NSW Department of Industry (Crown Lands) for instruction. Council has recommended that the rent be set as per the Minimum Rent for Community Organisations as at 31 July 2017 of $483.00 (excluding GST) per year, plus CPI and all outgoings. The key terms of the lease shall remain as per the existing lease.

Crown Lands has provided approval in principle of the lease subject to statutory advertising. On 31 October 2017, Council advertised in the Macleay Argus a Notice of Intention to give consent to a lease of a Crown Reserve. A fourteen (14)-day submission period was provided, and no submissions were received.

The lease is recommended for renewal along with the mortgage to enable the Crescent Head Community Pre-School Inc. the continued right to occupy the Reserve.

3 CONCLUSION

There being no further business, the Mayor then closed the meeting, the time being 1.23pm.

I hereby certify that this is a true and correct record of the minutes of the Minutes Of The Crescent Head Community Purposes (R98039)

Reserve Trust Held At The Conclusion of the Kempsey Shire Council ordinary meeting held Tuesday 19 December 2017 .

........ L� MAYOR -EA CAMPBELL



1 opening prayer - kempsey shire · 19.12.2017 · 2017/ld-00428 lot 1 dp1111590 6 landsborough...

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