agenda for the ordinary council meeting · agenda ordinary council 22/03/2017 item 7.2 page 8 g...

Agenda for the Ordinary Council Meeting

Date: 22 March 2017

Location: Bellingen Shire Council Chambers

Time: 9.00AM

COUNCIL ADVISES THAT ALL OR PART OF THE MEETING MAY BE AUDIO RECORDED BY COUNCIL

AGENDA

ORDINARY COUNCIL 22/03/2017

AGENDA


AGENDA

1 APOLOGIES ......................................................................................................... 4

2 DECLARATION OF PECUNIARY AND NON PECUNIARY INTEREST ................ 4

3 MINUTES ............................................................................................................... 4

4 MATTERS ARISING .............................................................................................. 4

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

6 RESILIENT ECONOMY ......................................................................................... 4

Nil

7 COMMUNITY WELLBEING ................................................................................... 5

7.1 DORRIGO SUPPORT CENTRE AGED CARE QUALITY REVIEW 2017 ............... 5

7.2 PROFESSIONAL LIFEGUARD SERVICES SUMMER 2016/17 SCHOOL HOLIDAY REPORT .................................................................................................. 8

7.3 CLARENCE REGIONAL LIBRARY EXTENSION OF SHARED SERVICE AND COMMITTEE MINUTES ................................................................................ 11

8 PLACES FOR PEOPLE ...................................................................................... 15

Nil

9 LIVING ENVIRONMENT ...................................................................................... 16

9.1 NOTICE OF MOTION: APPROVAL OF PAYMENT TO DORRIGO MOUNTAIN TOP-LANDCARE - CR JENKINS ....................................................... 16

9.2 LOW PRESSURE SEWER POLICY ...................................................................... 20

9.3 WATER STATUS REPORT .................................................................................... 22

9.4 TRADE WASTE POLICY ........................................................................................ 28

10 CIVIC LEADERSHIP ........................................................................................... 30

10.1 REPORT ON INVESTMENTS AS AT 28 FEBRUARY 2017.................................. 30

10.2 PROPOSED CHANGES TO NSW PLANNING LEGISLATION ............................. 36

10.3 NOTICE OF MOTION - EXEMPTION FROM RATES- LAND 'BELONGING TO' THE DORRIGO STEAM RAILWAY AND MUSEUM - CR JENKINS ............. 48

10.4 DEPUTY GENERAL MANAGER'S REPORT PROGRESS REPORT ................... 59

10.5 NOTICE OF MOTION: CHANGING OF ROAD NAME - SHEPHERDS ROAD TO SHEPHARD'S ROAD - CR JENKINS ............................................................... 74

11 CONFIDENTIAL MATTERS ................................................................................ 87

Nil

AGENDA


1 APOLOGIES

Nil

2 DECLARATION OF PECUNIARY AND NON PECUNIARY INTEREST

3 MINUTES Ordinary Meeting 22 February, 2017

4 MATTERS ARISING

5 PUBLIC ACCESS/PRESENTATIONS

6 RESILIENT ECONOMY

Nil

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7 COMMUNITY WELLBEING

Item: 7.1

Subject: DORRIGO SUPPORT CENTRE AGED CARE QUALITY REVIEW 2017

File/Index: Community Services Dorrigo Support Centre

Presented by: Alison Pattinson, Manager Community Wellbeing

ALIGNMENT WITH DELIVERY PROGRAM (CW) COMMUNITY WELLBEING (CW.1) Our children, youth and seniors are valued, involved and supported. (CW.1.1) Youth and seniors programs and activities are in place and actively supported. (CW.1.1.0) Youth and seniors programs and activities are in place and actively supported - Other Activities.

RECOMMENDATION That Council note the achievement of the Dorrigo Support Centre staff in providing a service recognised by the Australian Aged Care Quality Agency as meeting all of the required quality standards and associated expected outcomes for a service providing Social Support and Domestic Assistance and congratulate the staff on this achievement.

EXECUTIVE SUMMARY The Australian Aged Care Quality Agency is contracted by the Department of Social Services to undertake an independent ‘third party’ assessment of all services funded to provide Aged Care services. Provision of funding is contingent on quality standards being consistently met. Assessors from the agency undertook their assessment of the Dorrigo Support Centre services in January 2017 and their report specifies that the required standards and associated expected outcomes were met. REPORT DETAIL The quality review was conducted by the Australian Aged Care Quality Agency for the three aged care services the Dorrigo Support Centre is funded to provide which are as follows:

Social Support – Group

Social Support – Individual

Domestic Assistance

The assessment is based on three core standards each of which have subsets of expected outcomes as outlined below:

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1. Standard 1 - Effective management Subset areas for expected outcomes

Corporate Governance

Regulatory compliance

Information Management Systems

Community understanding and engagement

Continuous improvement

Risk management

Human resource management

Physical resources

2. Standard 2 – Appropriate Access and Service delivery Subset areas for expected outcomes

Service access

Assessment

Care plan development and delivery

Service user assessment

Service user referral

3. Standard 3 Service user rights and responsibilities Subset areas for expected outcomes

Information provision

Privacy and confidentiality

Complaints and service user feedback

Advocacy

Independence Overall there were 18 outcome areas that were assessed. The assessment process required:

completion of a self-assessment detailing practices and processes in place to meet expected outcomes

detailed information on the results achieved demonstrating the expected outcome had been met

an outline of any improvements planned

an onsite visit by two quality assessors from the Agency who assessed documentation, operational policies, client files (with permission from clients), interviewed staff, interviewed clients, observed activities taking place that used volunteers, reviewed complaints and risk documentation. Numerous questions were asked of the clients, staff, the Centre Coordinator, and the Manager Community Wellbeing relating to demonstrating how the expected outcomes had been met. The most critical information from the assessor’s perspective was the information gained from clients or service users on the value of the service. The assessors commented that client responses included:

… the service makes a major difference to my life, … I don’t know what I would do without the Support Centre

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BUDGET IMPLICATIONS There are no budget implications associated with preparation of this report. The Dorrigo Support Centre is currently fully funded by the Commonwealth Department of Social Services to provide Social Support and very limited Domestic Assistance. The Australian Aged Care Quality Agency was contracted and paid by the Commonwealth Government to provide an independent quality review of all aged care funded services. SUSTAINABILITY ASSESSMENT The Dorrigo Support Centre contributes to the social and community wellbeing of the Dorrigo Plateau community. ENGAGEMENT The Bellingen Shire Council Community Engagement Strategy was adopted by Council at its Meeting 22 February 2012. This strategy is designed to outline the approach Bellingen Shire takes towards engaging with our community. Having regards to the Community Engagement Strategy it is considered that the actions/initiatives contained within this report are appropriately categorised as having a LEVEL 3 impact. To address the requirements of Council’s Community Engagement Strategy and the NSW Local Government Act 1993, Council carried out the following actions: assisted the quality assessors with community contacts and client access (where permission was given to do so).

ATTACHMENTS 7.1.A Final Quality Review Report Australian Aged Care Quality Agency ECM 727939

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Item: 7.2

Subject: PROFESSIONAL LIFEGUARD SERVICES SUMMER 2016/17 SCHOOL HOLIDAY REPORT

File/Index: Service Provision/Recreation and Cultural Services/Beach


ALIGNMENT WITH DELIVERY PROGRAM (CW) COMMUNITY WELLBEING (CW.4) We are connected, safe and healthy with a strong sense of community. (CW.4.3) We have the programs, services and infrastructure to ensure a safe community. (CW.4.3.0) We have the programs, services and infrastructure to ensure a safe community - Other Activities.

RECOMMENDATION That Council receive and note this report.

EXECUTIVE SUMMARY Australian Lifeguard Service (ALS) provides a contract professional Lifeguard Service to Bellingen Shire’s two main beaches, Hungry Head at Urunga and North Beach at Mylestom. This report provides the statistical information on the 2016/17 summer school holiday period. REPORT DETAIL The professional service complements the volunteer service provided on a consistent basis by the Surf Life Saving Association clubs adjacent to the two beaches. ALS utilise the vehicles and equipment available at the clubs in the provision of this service. Council assists the provision of this equipment by providing a financial contribution to each club. The key details of the summer school holidays as outlined in the report by the Australian Lifeguard Services were as follows: Beach Visitation 17,891 people were recorded visiting Bellingen Shire Council patrolled beaches, the highest number at North Beach (9,959). Prevention 2,182 preventative actions ‘Preventative actions’ are activities where lifeguards advise swimmers that they are swimming in a dangerous location or swimming outside the flags or when lifeguards proactively provide other safety advice. Such proactive measures are typically undertaken when swimmers are in danger of getting into a hazardous situation, a prudent method of lifeguarding.

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Rescues Performed 1 significant rescue First Aid 41 first aid treatments Miscellaneous actions 116 additional duties ‘Miscellaneous actions’ includes action on advising or warning craft riders and dog/animal owners when in inappropriate locations, directing clean-up of littering, bikes or motor vehicles in inappropriate locations, advising hazards such as glass on beach. Public Relations 738 cases of providing information and advice to the public. Beach Closures Lifeguards are required to record the duration that beaches are closed over the course of the day in the daily logs. Below is an overall summary of the beach closed reasons and hours during lifeguard patrols:

Reason Hungry Head (hours)

North Beach (hours)

Dangerous Surf 13.75 17.75

Storms (Lightning) 1.5 0.5

Marine Stingers (blue bottles)

2.5 4

Sharks* 0 1.75

TOTAL (hours) 17.75 1.75

*There were no shark alarms raised during the 2016-17 summer patrol period on the Bellingen Shire beaches, but North Beach was closed for 1.75 hours for a possible shark sighting on one occasion. The beach visitation figures for 2016/17 were significantly higher than for the previous two (2) years even allowing for the extra one hour patrol time at each of the beaches. The patrol hours in this year’s part of the contract with ALS were shortened for the Spring and Autumn school holiday period and lengthened for the summer period as a one year trail based on previous requests for extended summer times and an analysis of beach numbers in varying periods. The increased attendance reflects the warm and generally favourable surf conditions. ALS noted the region had the second warmest day and night temperatures on record. Comparative attendances are shown in the table below: Comparative Total Summer Attendances for both beaches combined:

Year Total Beach Attendances during patrolled times

2014/15

11,962

2015/16

10,467

2016/17

17,891 (with one additional hour of patrols each day) 16,039 (with directly comparable patrol times)

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BUDGET IMPLICATIONS There are no budget implications associated with the preparation of this report. Council funds the provision of lifeguard services, through its annual budget. The contract lifeguard services together with the valuable volunteer services provide both a preventative and an emergency service function on two of our Shire beaches SUSTAINABILITY ASSESSMENT Socially the provision of lifeguard services is improving beach safety for the community. Economically the service assists with tourism to the Shire as people, especially families, generally prefer to swim at patrolled beaches. Litter collection is included in the lifeguard’s duties and this provides an environmental benefit. ENGAGEMENT The Bellingen Shire Council Community Engagement Strategy was adopted by Council at its Meeting 22 February 2012. This strategy is designed to outline the approach Bellingen Shire takes towards engaging with our community. Having regards to the Community Engagement Strategy it is considered that the actions/initiatives contained within this report are appropriately categorised as having a LEVEL 3 impact. To address the requirements of Council’s Community Engagement Strategy and the NSW Local Government Act 1993, Council carried out the following actions: provided funding for the provision of the service promoted the lifeguard service on Council’s website, the beachsafe website and at both Hungry Head and North Beach, Mylestom, beaches.

ATTACHMENTS 7.2.A Summer Report 2016-17 Bellingen Shire Council

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Item: 7.3

Subject: CLARENCE REGIONAL LIBRARY EXTENSION OF SHARED SERVICE AND COMMITTEE MINUTES

File/Index: Corporate Management Meetings Clarence Regional Library


ALIGNMENT WITH DELIVERY PROGRAM (CW) COMMUNITY WELLBEING (CW.2) We are a learning and creative community. (CW.2.3) Our community is motivated to participate in lifelong learning activities. (CW.2.3.0) Our community is motivated to participate in lifelong learning activities - Other Activities.

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RECOMMENDATION That Council:

1. Note the minutes of the Clarence Regional Library Committee meeting of 3 February 2017 and the recommendations be adopted.

2. Specifically approve a one year extension until 30 June 2018 of the current Clarence Regional Library shared services agreement with the following minor edits and amendments to clarify items in more detail:

a. Item 7.9 To co-operate with libraries and library systems in the wider library network on such terms and conditions as may be agreed.

b. Item 8.1 (b) The Executive Officer shall be entitled to attend each meeting of the Committee and may also be nominated by the Executive Council as one of their staff representatives.

c. Item 9.2 The meeting of the Committee immediately following the appointment of delegates by each of the Member Councils in Local Government Election years shall be the meeting for the election of Office Bearers for the ensuing twelve months and shall be known as the Annual General Meeting (AGM). The final meeting for the year will be the AGM in years between Local Government elections. The order of business to be conducted shall be as follows:

I. Election of Chairperson II. Election of Deputy Chairperson III. Any other business that is necessary for the due and

proper conduct of the Clarence Regional Library. IV. Meeting places and dates for the forthcoming year shall

be decided d. Item 12.2.3

The Regional Librarian shall provide administrative services and support to the Committee.

e. Item 17.1 Any notice of motion recommending amendment of this Agreement by the Committee shall be given in writing by the Member Councils at least one month before the meeting of the Committee at which the motion is to be discussed

EXECUTIVE SUMMARY This report presents the minutes of a meeting of the Clarence Regional Library Committee held on 3 February 2017. Whilst these minutes have in the past been presented as information reports, one of the resolutions of the committee was an extension of the shared services agreement by one year and a resolution of Council would be required for this to occur. The extension by one year was sought to allow further time to review the financial arrangements and potentially explore opportunities for other councils to join the shared Regional library service.

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REPORT DETAIL Bellingen Shire Council has a shared service with Clarence Valley Council for the provision of library services which is known jointly as the Clarence Regional Library service. Under the Regional Library agreement Bellingen Shire Council and Clarence Valley Council both pay a fee for the provision of ‘back room’ library services such as collection selection, acquisition, cataloguing, website, IT platform and technology development/assistance, joint marketing etc. Benefits A key benefit of the Regional library service to Bellingen Shire residents is access to a much broader and larger collection range than would be possible from Bellingen Shire resources alone, due to the floating stock system as part of the Regional library service. This effectively means residents can access items (books, magazines, e resources etc) in both the Bellingen and Clarence Valley libraries and borrow from any, and return to any, branch in the system without any charge as would usually be applied for an interlibrary loan beyond the Shire if not part of a regional service. . As part of the agreement there is a Clarence Regional Library Advisory Committee comprised of representatives from both councils that meets quarterly. The minutes referred to and attached are of the most recent quarterly meeting held on 3 February 2017. The Mayor and Cr. Wright-Turner are Bellingen Council’s Councillor representatives on the Committee. The Advisory Committee considered minor edits and amendments to the current agreement to provide greater clarity and these are recommended to be adopted. There were a range of questions regarding the basis of the financial charges to the Regional library under the activity based costing system used by Clarence Valley Council. To allow time for the financial aspects to be researched and documented further and to explore whether there was any interest from neighbouring Councils to join the Regional Library service, Committee members agreed on a recommendation to extend the current shared service agreement by one year to 30 June 2018. A draft copy of the current agreement with the amendments shown as a track changes in colour is attached. The intention is to extend the agreement from 1 July 2017 for one year only as noted above, to allow for review by the subcommittee of the Regional library Committee as noted in the minutes. Any final agreement reached would be presented to both Bellingen and Clarence Valley Councils to approve or amend as seen fit. An extension of the current agreement will also allow time for the scheduled review of the Regional library service in April 2017 to take place which will provide information on available comparative data. BUDGET IMPLICATIONS There are no budgetary implications associated with the preparation of this report. However there may be budgetary implications when the new shared library service agreement is finalised. As noted above, any final recommendation on continuation of the shared library service agreement with Clarence Valley Council and any associated budgetary implications would be brought back in a report to both Bellingen Shire and Clarence Valley Councils.

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SUSTAINABILITY ASSESSMENT The Committee facilitates a process of transparent consultation with the community in relation to the items addressed. The Committee’s deliberations include many elements which will have positive social impacts should Council adopt the Committee’s recommendations. ENGAGEMENT The Bellingen Shire Council Community Engagement Strategy was adopted by Council at its Meeting 22 February 2012. This strategy is designed to outline the approach Bellingen Shire takes towards engaging with our community. Having regards to the Community Engagement Strategy it is considered that the actions/initiatives contained within this report are appropriately categorised as having a LEVEL 4 impact. To address the requirements of Council’s Community Engagement Strategy and the NSW Local Government Act 1993, Council carried out the following actions: attendance at the Committee meeting by Councillor and staff representatives.

ATTACHMENTS 7.3.A Clarence Regional Library Committee Minutes February 2017 7.3.B Draft Clarence Regional Library Service Agreement September 2016

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9 LIVING ENVIRONMENT

Item: 9.1

Subject: NOTICE OF MOTION: APPROVAL OF PAYMENT TO DORRIGO MOUNTAIN TOP-LANDCARE - CR JENKINS

File/Index: Councillors/Notice of Motion/Sustainable Environment/Levy

Presented by: Michelle McFadyen, Deputy General Manager Carmen Muldoon, Invasive Plants Officer

MOTION FROM CR JENKINS That Council approve an extra-gratia payment of $4,851.00 from the Environmental Levy Grants Fund to the Dorrigo Mountain Top Landcare Group for the Rocky Creek Reserve

Vegetation Management and Weed Control Project.

SUPPORTING INFORMATION PROVIDED BY COUNCILLOR JENKINS The Dorrigo Mountain Top Landcare Group recently applied for $5,000.00 funding to conduct the Rocky Creek Reserve Vegetation Management and Weed Control Project. This Project involves the once-off cutting & painting and spaying of noxious weeds (blackberry, privet, honeysuckle and pussy willow) in Rocky Creek Reserve. Members of the Landcare Group would then be in a position to maintain the weeds in a manageable state thereafter. Unfortunately the application was not supported due to a technicality, notwithstanding that it had been provided to Council staff for review before being formally submitted. A copy of the application is attached. The Rocky Creek Reserve, also known as the Mark Sandstrom Memorial Grove, is located adjacent Waterfall Way approximately 3 kilometres from the Dorrigo township. It forms part of the approach to Dorrigo and the Plateau more broadly. Town approaches have been rated very highly in importance by Shire residents in Council surveys. The Reserve area comprises Crown Land and represents the area between the original and current road alignments. Mark was a prominent and passionate member of the Dorrigo community who sadly passed away in 2001 from a brain tumour. The memorial recognises his contribution to the local community. In past years, Shire staff have actually performed weed-control in this area. However, after the Council vehicle upon which the weed sprayer was fitted was stolen some years ago, it appears that neither were replaced. Insurance funds received by Council were reportedly redirected to other activities. The cessation of this weed-control activity by Shire personnel has permitted the weeds to establish themselves to the point where it is now beyond the capability of Landcare Group members to effectively regain control without additional assistance in the first instance. Additionally, the plants have now grown to maturity and are presently in the process of ‘going to seed’, thus the situation will only be exacerbated in coming years if not controlled immediately.

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COUNCIL OFFICERS COMMENT Background Council voted on 14 December 2016 to accept the recommendations in relation to the successful applications for the Environment Levy which were based on the criteria and guidelines for that program. MOTION (Cr Fenton/Cr Harrison) 1. That Council endorse the recommended projects with exception of The Garden of Reflection because this doesn’t primarily reflect an environmental project, rather it reflects the core business of the church. 2. That Guidelines are to be reviewed by 30 June 2017. 3. That it be acknowledged that this round did not have the benefit of an environmental committee in place and that this will be reviewed during the review of the guidelines. 4. That $4985 be carried forward to 2017/18. For: Cr King, Cr Harrison, Cr Jenkins, Cr Fenton and Cr Wright-Turner. Against: Cr Carter. Councillor Klipin returned to the Meeting at 10:56am. Dorrigo Mountain Top Landcare Group (Rocky Creek project) did not meet one of the mandatory criteria in this round for their application. This was not due to a technicality, but due to the application seeking over 50% of the funding to be allocated to contractor fees, in contravention to the mandatory criteria in the guidelines. This was clearly outlined to Councillors during both the workshop in relation to the Environmental Levy, and in the meeting which considered the recommendations. Dorrigo Mountain Top Landcare Group were not the only application that was not successful for funding due to their application not being in accordance with the guidelines. It was noted in this meeting and recorded in the final resolution that the Guidelines should be reviewed before 30 June 2017. This Councillor workshop is currently scheduled for 17 May 2017. Responsibility for land parcels in question It should be noted, while not included in Cr Jenkins supporting information, that there are issues with land tenure, and that Council has been in contact with the group to discuss alternate ways of assisting them with the weed control issue. Land ownership is problematic as there are several parcels of land, two of which are Crown land. It should be noted that the main area requiring significant weed control is Crown land. The parcels of land relevant to the site are –

1. Lot 241 / DP 752813 - Waterfall Way, Dorrigo 2. Lot 242 / DP 752813 - Waterfall Way, Dorrigo

These are two parcels of Crown land, one of which is under a Crown land Licence arrangement, therefore Council staff have approached NSW Department of Industry – Lands to confirm the current management arrangements, including weed management, for these Crown land lots.

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NSW Department of Industry – Lands has confirmed that Lots 241 and 242 DP 752813 are Crown land within Reserve 752813 for future public requirements. This land is managed by the NSW Department of Industry – Lands. Lot 242 / DP 752813 - Waterfall Way, Dorrigo is held under a grazing licence. It is a condition of the grazing licence that the holder manages noxious weeds and there is a special clause that outlines that the holder is to manage stock accordingly to minimise impacts on the riparian corridor. No tenures are held over Lot 241 / DP 752813, therefore weed management is the responsibility of NSW Department of Industry - Lands. NSW Department of Industry – Lands have advised that they do not currently have an operating budget for noxious weeds management. NSW Department of Industry - Lands advise that to undertake control of the Class 4 noxious weed Blackberry on the Reserve they will need to seek either emergency funds or apply for funding from the 2017-18 Public Reserve Management Fund. In addition, as there is no legal obligation to treat environmental weeds it would be unlikely that the NSW Department of Industry - Lands would be able to obtain funds to treat these weeds on the Reserve. NSW Department of Industry - Lands have also advised Council that Lot 241 DP 752813 is subject to an Aboriginal land claim. Council has lodged a ‘Request for Search of Land Claim Register’ with the Office of the Registrar, Aboriginal Land Rights Act 1983 (NSW) to confirm this claim and any determination regarding this. Weed control works have not traditionally been carried out by Council in the Rocky Creek Reserve area beyond roadside weed management works due to the land ownership and management being NSW Department of Industry – Lands, and therefore not a responsibility of Council. Whilst Council currently implement the NSW Noxious Weeds Act 1993 as a local control authority, this Act provides that we may not give a weed control notice to a public authority or another local control authority. This includes the NSW Department of Industry – Lands. It should be noted that for Council and/or the Mountain Top Landcare Group to work on Lot 241 DP 752813 it is a requirement of the NSW Department of Industry – Lands that a Short Term Licence is obtained prior to any works. A copy of the application for this licence is provided in Appendix 0.0.L. Actions taken by staff preceding this Notice of Motion Council’s Sustainable Environment and Waste team had previously agreed that due to the high profile nature of the site, i.e. being close to the entrance of Dorrigo, the current weed infestations (known from previous inspections in 2016) and community interest, that an approach to manage the site, including weeds, needed to be determined. Council’s Invasive Plants Officer contacted members of the Mountain Top Landcare Group in late December 2016 to advise that Council would progress with looking into how the weed control works could be completed at the Reserve and would be in touch in the new year. Council’s Invasive Plants Officer inspected the site on 10 January 2017 to confirm weed infestations (including some heavy infestations) of Blackberry (Rubus fruticosus species

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aggregate), Japanese Honeysuckle (Lonicera japonica), and Small-leaf Privet (Ligustrum sinense), as well as several annual weeds. It should be noted that Council officers are, and were already, implementing actions as outlined below:

1. The Dorrigo Mountain Top Landcare Group be advised that they may apply in the 2017 round of Councils Environmental Levy Community Fund program (opening in September 2017) and/or look at applying to Council’s Community Support Funding program (opening in April 2017).

2. Council officers will be working with NSW Department of Industry – Lands to advise the licence holder of Lot 242 DP 752813 of the requirements to manage weeds on the property in accordance with the licence and the NSW Noxious Weeds Act 1993.

In addition it is suggested that representations be made from Bellingen Shire Council to both the NSW Department of Industry – Lands and the State Member in relation to NSW Department of Industry – Lands relation to responsibilities for noxious weeds on this reserve, and reserves in our Shire generally and in relation to enforcement for such. Summary To award funding from the Environmental Levy to the Dorrigo Mountain Top Landcare Group (Rocky Creek project) at this time, before the Guidelines and Criteria have been reviewed, would be in contravention to the mandatory criteria currently in the guidelines. All other sucessful applications were required to abide by the guidleines and there were other projects which were not approved by the resolution of the Council or similar reasons. Council has not in the past considered a payment to any group under the Environment Levy Community Fund out of the normal funding rounds. The next round opens in September 2017. In relation to Cr Jenkins comments regarding the previous Council weed control vehicle, the strategy undertaken by Council in relation to this was clearly outlined in the Service Delivery Review – Weed Management Services report to the Ordinary Meeting of Council 23 April 2014, a thoroughly considered and consulted report that was approved by Council and is available on the Council website.

ATTACHMENTS 9.1.A Supplied by Cr Jenkins Picture 7 9.1.B Supplied by Cr Jenkins Picture 2 9.1.C Supplied by Cr Jenkins Picture 5 9.1.D Supplied by Cr Jenkins Picture 1 9.1.E Supplied by Cr Jenkins Picture 3 9.1.F Supplied by Cr Jenkins Picture 6 9.1.G Supplied by Cr Jenkins Picture 8 9.1.H Supplied by Cr Jenkins Picture 9 9.1.I Supplied by Cr Jenkins Picture 10 9.1.J Supplied by Cr Jenkins Picture 11 9.1.K Supplied by Cr Jenkins initial application 9.1.L NSW Department of Industry - Lands: Short Term Licence Application Form

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Item: 9.2

Subject: LOW PRESSURE SEWER POLICY

File/Index: Corporate Management Policies - Bellingen Council Policies

Presented by: Craig Salmon, Manager Water and Wastewater

ALIGNMENT WITH DELIVERY PROGRAM (LE) LIVING ENVIRONMENT (LE.1) We have clean water which is protected and used sustainably. (LE.1.1) Our waterways are valued, protected and enhanced. (LE.1.1.0) Our waterways are valued, protected and enhanced - Other Activities.

RECOMMENDATION

1. That Council place the Low Pressure Sewer Policy on public exhibition for a 6 week period inviting public submissions.

2. That a further report be brought back to the Council following the exhibition period.

EXECUTIVE SUMMARY The purpose of this report is to review the previously adopted Low Pressure Sewer Policy and place the policy on public exhabition prior to considering its re-adoption. Council’s Low Pressure Sewer Policy is a set of regulations and guidelines detailing where Council will accept low pressure sewer, what is considered acceptable for low pressure and a set of guidelines for the ownership and maintenance of low pressure systems. REPORT DETAIL The Low Pressure Sewer Policy is designed to be an overarching set of guidelines detailing when and where a low pressure sewer system can be used within the Bellingen Shire, what standards and specification will be used in the design and installation and the roles and responsibilites for the repairs and maintenance of such system(s). By way of definition a low pressure sewer system is a sewage delivery system which uses the combined pumping action of many small pumping stations to transfer sewage from areas previously found to be difficult to sewer using a conventional gravity sewage collection system. It is generally employed in areas of very flat, rocky, or steep terian. The current Low Pressure Sewer Policy was adopted in September 2013 and is required to be readopted in accordance with section 165 (4) of the NSW Local Government Act 1993 within 12 months of the declaration of the poll for the last general election. BUDGET IMPLICATIONS There are no budget implications associated with the preparation of this report.

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SUSTAINABILITY ASSESSMENT Adoption of this policy will act as a guideline for improved environmental standards as well as establishing best value for money in sewer scheme development. It provides developers with the choice of using alternate techniologies to support a centralised and highly regulated sewage treatment and disposal system as against stand alone sewage system which may not perform to the same environmental standards. ENGAGEMENT The Bellingen Shire Council Community Engagement Strategy was adopted by Council at its Meeting 22 February 2012. This strategy is designed to outline the approach Bellingen Shire takes towards engaging with our community. Having regards to the Community Engagement Strategy it is considered that the actions/initiatives contained within this report are appropriately categorised as having a LEVEL 3 impact. To address the requirements of Council’s Community Engagement Strategy and the NSW Local Government Act 1993, Council carried out the following actions:

Place the policy on public exhibition for 6 weeks, inviting comment.

Advertise the exhibition of the policy in the local paper as well as on Councils website.

The draft policy will also be on exhibition at Council offices and library for viewing.

ATTACHMENTS 9.2.A Low Pressure Sewer Policy 9.2.B Low Pressure Home Owners Manual 9.2.C Low Pressure Sewer Component Specifications 9.2.D Low Pressure Sewer Installation Specifications 9.2.E Low Pressure Sewer Agreement

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Item: 9.3

Subject: WATER STATUS REPORT

File/Index: Operations Council Reports


ALIGNMENT WITH DELIVERY PROGRAM (LE) LIVING ENVIRONMENT (LE.6) We work together to protect and enhance our environment. (LE.6.2) Our community is informed and educated on environmental issues, threats and opportunities. (LE.6.2.1) Provide information to the community on environmental issues, threats and opportunities which are specific to our Shire through Quarterly meetings of the Environmental Sustainability Advisory Committee (ESAC).

RECOMMENDATION That Council receive and note the Water Status Report.

EXECUTIVE SUMMARY The purpose of this report is to provide Council with town water supply and wastewater system usage information on a monthly basis to assist in ensuring that the water and wastewater services are available throughout the year and appropriately managed. REPORT DETAIL Dorrigo Water Treatment Plant The volume of water treated in February 2017 at the Dorrigo Water Treatment Plant (WTP) was 11.94 ML up from 11.01 ML in January. Last financial year the total water treated at the Dorrigo WTP was 137ML. The average annual consumption over the last 6 years for Dorrigo is 136 ML. The average monthly consumption figures for Dorrigo are shown in the graph below. Dorrigo Monthly Water Consumption

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The level of turbidity in the clarified water after filtration is extremely important as it directly affects the ability of the chlorine to disinfect the water. The maximum limit for turbidity is 1 NTU with a target level of 0.5 NTU. The average NTU for February was 0.36 NTU with a maximum reading of 0.76 NTU demonstrating that the clarification and filtration process are performing well. The average residual free chlorine was 0.44mg/l above the minimum allowable of 0.2mg/l with a minimum reading of 0.11mg/l. The reading of 0.11 was for a period of several hours when a booster pump failed. The pump was repaired and the chlorine levels boosted. The new online chlorine analysers which are linked to the telemetry network gave the operators an immediate warning when chlorine levels dropped. Bellingen Water Treatment Plant The volume of water treated at the Bellingen Water Treatment Plant (WTP) in February 2017 was 87.4 ML down from 97.2 ML in January. Last financial year the total water treated at the Bellingen WTP was 1,096 ML. The average annual volume of water treated the last 6 years for the Bellingen WTP is 1,083 ML. The water from the Bellingen WTP is distributed to both Bellingen and to the seaboard (Urunga, Mylestom, Repton and Raleigh). Last month Bellingen consumed 26.3 ML down from 27.7 ML in January. The seaboard consumed 57.1 ML in February down from 69.5 ML in January. Urunga consumed 21.2 ML down from 23.2 ML and Mylestom 7.1 ML down from 8.7 ML. Graphs for average monthly water consumption for Bellingen, the Seaboard and Urunga are shown below. A detailed summary of the Sewer system is provided in Attachment B. Bellingen Monthly Water Consumption

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Seaboard Monthly Water Consumption

Urunga Monthly Water Consumption

Water Restrictions The current restriction level is C – Water conservation measures. A graph showing the increase in the Bellinger River flow rate is provided below.

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A graph showing the increase in the Bielsdown Creek flow rate is provided below.

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Wastewater Treatment Plants In February 2017 there was 17.1 ML of effluent treated at the Bellingen Sewage Treatment Plant (STP), 7.6 ML at the Dorrigo STP and 19.3 ML at the Urunga STP. Below is a table showing the Environment Protection Authority (EPA) licence test results for the 3 plants:

December 2016

Bellingen

STP

Dorrigo STP

Urunga

STP

EPA Limit

BOD5 5.0 <2.0 <2.0 20/10

Suspended solids 11.5 <2.0 4.5 30/15

Ammonia 1.04 0.62 0.65 5/2

Total Nitrogen 2.73 2.33 2.56 20/10

Total Phosphorus 0.25 0.12 0.16 1/0.5

Max faecal coliforms 57 10 150 600/200 Note: The EPA limits are shown as maximum limits which must always be achieved, followed by 90

th percentile limits which must be achieved 90% of the time.

These test results show that all the sewerage treatment plants are performing to the necessary environmental standards and producing excellent quality treated wastewater before being discharged into the environment. The new Ultra Violet (UV) disinfection unit was commissioned at the Bellingen STP on 24th February, 2017. This represents a $456,814 investment in improving performance, reliability and environmental outcomes. A detailed summary of the Sewer system is provided in Attachment A. BUDGET IMPLICATIONS Total water operations expenditure to date is $372,658 or 55% from a current allocation of $683,665. Total Sewer operations expenditure to date is $806,178 or 57% from a current allocation of $1,417,780. SUSTAINABILITY ASSESSMENT As can be seen from the data presented in the table the wastewater treatment is operating within its environmental licence conditions. ENGAGEMENT The Bellingen Shire Council Community Engagement Strategy was adopted by Council at its Meeting 22 February 2012. This strategy is designed to outline the approach Bellingen Shire takes towards engaging with our community. Having regards to the Community Engagement Strategy it is considered that the actions/initiatives contained within this report are appropriately categorised as having a LEVEL 1 impact. (e.g. Level 1 – High Impact Shire wide). As this is a regular monthly information report, any specific engagement activities are highlighted in the body of the report.

ATTACHMENTS 9.3.A Bellingen Shire - February Sewer Report 9.3.B Bellingen Shire - February Water Report

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Item: 9.4

Subject: TRADE WASTE POLICY

File/Index: Policies


ALIGNMENT WITH DELIVERY PROGRAM (LE) LIVING ENVIRONMENT (LE.1) We have clean water which is protected and used sustainably. (LE.1.1) Our waterways are valued, protected and enhanced. (LE.1.1.0) Our waterways are valued, protected and enhanced - Other Activities.

RECOMMENDATION

1. That Council place the Liquid Trade Waste policy on public exhibition for a period of 6 weeks inviting public comment, and

2. That a further report be presented to the Council following the exhibition period.

EXECUTIVE SUMMARY The purpose of this report is to review the previously adopted Liquid Trade Waste Policy and place this policy on public exhibition prior to considering its re-adoption. This policy sets out how Council will regulate sewerage and trade waste discharged to its sewerage system in accordance with the NSW Framework for Regulation of Sewerage and Trade Waste. REPORT DETAIL Sound regulation of sewerage and liquid trade waste is a key component of the NSW Government’s Best-Practice Management of Water Supply and Sewerage Guidelines. To achieve this the NSW Department of Primary Industry (DPI), formerly the NSW Department of Water and Energy developed the Liquid Trade Waste Regulation Guidelines (LTWRG) in 2009. As part of these guidelines a model Trade Waste Policy was developed for all Councils to modify for local conditions and adopt. These LTWRG are the operational documents to implement and administer the Trade Waste Policy as well as setting out how fees and charges are calculated, levied and applied. The policy and guidelines are based around provisions in the NSW Local Government Act 1993, the NSW Local Government (General) Regulation 2005, the NSW Protection of the Environment Operations Act 1997 and the NSW Protection of the Operations (General) Regulation 1998. The Trade Waste Policy details what is considered liquid trade waste, how an exemption can be obtained, and the criteria for approval to discharge liquid trade waste into Councils sewerage system. This framework guides the regulation of trade waste which includes the application procedures, approval process, the charging categories and fees and charges

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applicable as well as examples of how these charges are calculated. The policy also covers non-compliances, penalties, monitoring and enforcement. The current Trade Waste Policy was adopted in September 2013 and is required to be readopted in accordance with section 165 (4) of the NSW Local Government Act 1993 within 12 months of the declaration of the poll for the last general election. BUDGET IMPLICATIONS Council’s sewer services derive an income from the charges levied under this policy which form part of the sewerage fund revenue. These fees are set annually as part of the Councils budget process and fees and charges pricing schedule. SUSTAINABILITY ASSESSMENT The Trade Waste Policy regulates what waste is discharged into Council sewerage network and that the waste is monitored and complies with all guidelines. This enforcement maintains Councils control of discharge(s) characteristics and ensures that all discharge(s) to waterways of the Councils Treatment facilities will remain safe and within their licence limits. ENGAGEMENT The Bellingen Shire Council Community Engagement Strategy was adopted by Council at its Meeting 22 February 2012. This strategy is designed to outline the approach Bellingen Shire takes towards engaging with our community. Having regards to the Community Engagement Strategy it is considered that the actions/initiatives contained within this report are appropriately categorised as having a LEVEL 3 impact. To address the requirements of Council’s Community Engagement Strategy and the NSW Local Government Act 1993, Council carried out the following actions:

This policy will be placed on public exhibition for a period of 6 weeks with submissions encouraged.

The policy will be advertised in the local media and on Councils website.

The draft policy will also be on at Council offices and library for viewing.

ATTACHMENTS 9.4.A Liquid Trade Waste Policy

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10 CIVIC LEADERSHIP

Item: 10.1

Subject: REPORT ON INVESTMENTS AS AT 28 FEBRUARY 2017

File/Index: Financial Management Investment

Presented by: Chris Hodge, Chief Financial Officer

ALIGNMENT WITH DELIVERY PROGRAM (CL) CIVIC LEADERSHIP (CL.1) Council is an organisation that embraces business excellence. (CL.1.1) Financial sustainability is maintained through effective short and long term financial management. (CL.1.1.0) Financial sustainability is maintained through effective short and long term financial management - Other Activities.

RECOMMENDATION That the report indicating Council’s investment position as at 28 February 2017 be received and noted.

EXECUTIVE SUMMARY The purpose of this report is to inform Council about the cash and investment funds held as at 28 February 2017. REPORT DETAIL This report has been completed in accordance with the NSW Local Government Act 1993 and Clause 212, NSW Local Government (General) Regulation 2005 which requires monthly reporting to Council.

Investment and Cash Position

Council’s total investment and cash position as at 28 February 2017 was $36,554,825. Investments earned interest of $74,635 for the month of February 2017. The graph below depicts the monthly movement for the current financial year and the two prior financial years.

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Institution Reference Rating Maturity Date Rate Balance

ING Bank 191236 A1-A2 02/03/2017 3.10% 1,000,000

National Australia Bank 10377215 A1+ 02/03/2017 2.61% 800,000

Rural Bank 10584581 A1-A2 03/03/2017 3.05% 2,000,000

AMP Bank Ltd 20069 A1-A2 07/03/2017 2.95% 1,000,000

Bank of Melbourne 20666 A1-A2 14/03/2017 2.65% 1,500,000

AMP Bank Ltd 20125 A1-A2 15/03/2017 2.95% 1,000,000

National Australia Bank 10385066 A1+ 06/04/2017 2.70% 2,000,000


ME Bank 21610 A1-A2 19/04/2017 2.75% 500,000



AMP Bank Ltd 21600 A1-A2 15/05/2017 2.70% 2,000,000

AMP Bank Ltd 18852 A1-A2 24/05/2017 3.00% 1,000,000

ME Bank 87618 A1-A2 10/07/2017 2.75% 1,000,000

People's Choice Credit Union 23164 A2-A3 16/08/2017 2.70% 2,000,000

ME Bank 23215 A1-A2 17/08/2017 2.70% 500,000


People's Choice Credit Union 23165 A2-A3 23/08/2017 2.70% 1,500,000

ME Bank 23380 A1-A2 28/08/2017 2.62% 1,000,000

ME Bank 89723 A1-A2 28/08/2017 2.62% 1,800,000


Westpac Bank 032-576 42-2499 A1+ 07/09/2017 3.00% 2,000,000

Bank of Queensland AU3FN0029344 (BB90+1.15) A1-A2 29/04/2019 2.92% 1,000,000

Rabobank LD1435600144 A1-A2 09/12/2019 4.10% 1,000,000

Police & Nurses Bank 3727005 A2-A3 16/12/2019 4.00% 1,000,000

Westpac Bank SYD-1745052 (BB90+1.10) A1+ 02/12/2020 3.32% 1,000,000

CBA 1163496 FRN (BB90+1.06) A1+ 02/06/2021 2.83% 500,000

TOTAL INVESTMENTS 2.86% 34,100,000

BankWest at call 3001235 A1+ 2.00% 1,200,000

National Australia Bank 082551 751758242 A1+ 0.70% 499

National Australia Bank 082469 509559042 A1+ 0.10% 1,254,144

BananaCoast Credit Union 704328 84146 unrated 0.00% -

Westpac Business Flexi 032576 31-2337 A1+ 0.00% 182

TOTAL CASH 1.03% 2,454,825

TOTAL INVESTMENTS & CASH 2.74% 36,554,825

SCHEDULE OF CASH AND INVESTMENTS

This report is at 28 February 2017

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Net Return on Investments

Council’s monthly net return on investments annualised for February of 2.74% outperformed the 90 day Bank Bill Swap Rate of 1.78%. The current cash rate still stands at an historical low of 1.5%, due in part to the low inflation rate. Over the month of February $4.3M in term deposits matured, with $7.8M being invested.

Weighted Average Interest Rate / Budget Interest Rate

The following graph reports the weighted average interest rate compared to the interest rate used for budgetary purposes in the Long Term Financial Plan. The weighted average interest rate for the month of February 2017 was 2.74% while the interest rate used for

Benchmarks

BBSW 90 Day Index 1.780%

RBA Cash Rate 1.500%

Institution Reference

Invest/(Recall)

Amount $ Commentary

National Australia Bank 10393751 (1,000,000)

National Australia Bank 10397341 (500,000)

People's Choice Credit Union 23164 2,000,000

People's Choice Credit Union 23165 1,500,000

ME Bank 23215 500,000

National Australia Bank 10380234 (1,000,000)

National Australia Bank 10420533 1,000,000

ME Bank (1,000,000)

ME Bank 23380 1,000,000

National Australia Bank 10392109 (800,000)

ME Bank 89723 1,800,000 2.62% Deposit maturing 28/8/2017

Chris Hodge

Chief Financial Officer Date: 28 February 2017

Summary of Investment Movements - February

2.73% Deposit matured 6/2/2017


2.70% Deposit maturing 16/8/2017






* A Coupon Select deposit is a tailored term deposit, designed to enable investors a tailored fixed interest rate for one period and a floating

rate incorporating a spread over the market variable rate for another period. Interest is paid quarterly and the end investment maturity date

is shown in the Financial Institution column.

I certify that the investments listed in this schedule have been made in accordance with the provisions of the Local Government Act, 1993,

Local Government (General) Regulation 2005 and Council's Investment Policy.



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budgetary purposes in 2016/17 was 3.00%. As a result of the lower trend in interest rates the forecast investment returns were revised in the December Quarter Budget Review.

Compliance with Investment Policy Investments are limited to those allowed by the current Ministerial Investment Order issued by the NSW Minister for Local Government. In line with the Order, Council’s current investment strategy provides the framework for investing Council’s funds: 1. at the most favourable rate of interest available;

2. whilst having due consideration of risk and security for that investment type; and

3. ensuring that Council’s liquidity requirements are met.

Preservation of capital is the principal objective of the investment portfolio. Therefore, investments are placed in a manner that seeks to ensure security and to safeguard the portfolio. The investment portfolio is managed with care, diligence and skill that a prudent person would exercise. With this in mind investments are expected to achieve a market average rate of return in line with the Council’s risk tolerance. Due to the Global Financial Crisis the Federal Government currently supports a Government Guarantee on certain investments of $250,000 per institution. All investments are limited to Australian Authorised Deposit Taking Institutions (ADTI’s) that provide the Government Guarantee and that are allowed under the Ministerial Investment Order. In 2015, Council adopted the updated version of the Investment Policy, which contains a number of parameters around investments that are designed to mitigate risk. A discussion of the risk mitigation requirements is set out below. Total Portfolio Investment Limits The Investment Policy’s Risk Management Guidelines set out the maximum portions of the total portfolio that can be invested within each level of credit rating. This is a risk management measure to ensure that all deposits are made with Authorised Deposit Taking Institutions with an investment grade credit rating, and is compliant with the Ministerial Investment Order and the Banking Act 1959.

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Individual Institution Limits

In another measure to mitigate risk, the Investment Policy sets limits to the total amount that can be held with individual institutions. This ensures that the portfolio is diversified in case of an institution collapsing. While the Government Guarantee of $250,000 still applies, it is limited to $250,000 per institution, not per product. Grandfathering Provisions Under the Investment Policy, any investment that is currently held in the portfolio that does not meet the policy requirements will be held to maturity.

BUDGET IMPLICATIONS The impact of the lower interest rates have impacted investment returns resulting in lower interest income. A budget adjustment was made in the December Quarterly Budget Review adopted in January 2017 in the amount of $100,000. It is estimated to have a $35,000 impact to the General Fund and $60,000 and $5,000 respectively to the Water and Sewer Funds. In the longer term, should low interest rates persist, adjustments will have to be made to the long term financial plan.

Table 1: Compliance with Investment Policy: Total Portfolio Investment Limits

Total Portfolio Investment Limits Long Term Credit

Rating

Short Term

Credit Rating

Policy

Maximum

Current

Holding %

Current

Holding $

AA A1+ 100% 43% 15,754,825$

A A1-A2 80% 45% 16,300,000$

BBB A2-A3 40% 12% 4,500,000$

Unrated Unrated 0% 0% -$

Total Cash & Investments 36,554,825$

Table 2: Compliance with Investment Policy: Individual Portfolio Investment Limits

Individual Institution Limits

Institution

Long Term

Credit Rating

Short Term

Credit Rating

*

Policy

Maximum

Current

Holding %

Current

Holding $

AMP Bank Ltd A+ A1 30% 14% 5,000,000$

Bank of Melbourne AA- A1+ 40% 4% 1,500,000$

Bank of Queensland A- A2 30% 3% 1,000,000$

Bankwest at call AA- A1+ 40% 3% 1,200,000$

CBA AA- A1+ 40% 1% 500,000$

ING Bank A- A2 30% 3% 1,000,000$

ME Bank A A2 30% 13% 4,800,000$

National Australia Bank AA- A1+ 40% 30% 11,054,643$

Rural Bank A- A2 30% 5% 2,000,000$

People's Choice Credit Union BBB A2 20% 10% 3,500,000$

Police & Nurses Bank BBB A2 20% 3% 1,000,000$

Rabobank A+ A1 30% 3% 1,000,000$

Westpac Bank AA- A1+ 40% 8% 3,000,000$

Westpac Business Flexi AA- A1+ 40% 0% 182$

TOTAL CASH & INVESTMENTS 36,554,825$

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SUSTAINABILITY ASSESSMENT Council’s investments are made in accordance with the NSW Division of Local Government’s requirements and term deposits listed in the NSW Local Government Ministerial Order. There are no social or environmental implications. ENGAGEMENT The Bellingen Shire Council Community Engagement Strategy was adopted by Council at its Meeting 22 February 2012. This strategy is designed to outline the approach Bellingen Shire takes towards engaging with our community. Having regards to the Community Engagement Strategy it is considered that the actions/initiatives contained within this report are appropriately categorised as having a LEVEL 1 impact. To address the requirements of Council’s Community Engagement Strategy and the NSW Local Government Act 1993, Council carried out the following actions:

1. Consulted with first and second tier banks.

ATTACHMENTS Nil

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Item: 10.2

Subject: PROPOSED CHANGES TO NSW PLANNING LEGISLATION

File/Index: Strategic Planning

Presented by: Daniel Bennett, Acting Manager Land Use Services

ALIGNMENT WITH DELIVERY PROGRAM (CL) CIVIC LEADERSHIP (CL.1) Council is an organisation that embraces business excellence. (CL.1.4) Best practice, sustainability principles, accountability and good governance are incorporated in all we do.. (CL.1.4.1) Identify and respond to changes in National, State, regional and local landuse planning principles, statutes and guides.

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RECOMMENDATION That Council makes a submission to the NSW Department of Planning and Environment

(DP&E) requesting that the following matters be taken into consideration as part of the public exhibition of proposed reforms to the NSW planning system.

1. That Council advises the DP&E that it supports the proposed amendments to the objectives of the Act.

2. That Council objects to any mandatory requirement to notify development and that this is left as a matter for local determination and discretion.

3. That Council advises the DP&E that the mandatory public notification of the reasons for a determination is not supported and that if it is proposed, it should be restricted to major and complex applications only, or matters determined by the elected Council, so as to not provide an additional impediment to the processing of routine and low impact local developments under delegated authority.

4. That Council is informed as to whether the mandatory public notification of the reasons for a determination would require publication in a local newspaper, and what financial support will be provided to Councils to implement this additional notification requirement.

5. That Council advises the DP&E that it has no objection to the inclusion of Local Strategic Planning Statements as a new element in the strategic planning framework, no objection to the requirement for LEP’s to be reviewed every 5 years, and no objection to the development of a standard DCP format and model DCP provisions.

6. That Council advises the DP&E that it considers that the new requirements for strategic planning and community participation proposed by the planning reforms should be accompanied by a funding package to assist small Councils in developing the necessary plans, as occurred with the Standard LEP implementation process.

7. That Council advises the DP&E that it does not support any change in the regulatory process concerning neighbour consultation that would require Council to perform any function beyond assessing a submission made in response to the exhibition of an application.

8. That Council advises the DP&E that it considers that the relentless reshuffling of State government agencies, loss of agency expertise and relevant points of contact is a further factor that has attributed to delays in the Integrated Development and Concurrence parts of the planning system.

9. That Council recommends that the DP&E investigate the possibility of allowing Councils to assume concurrence in the event that response timeframes for Integrated Development and Concurrences are not complied with by State agencies.

10. That Council advise the DP&E that it does not support the requirement for certifiers to give Council a copy of a proposed Certificate and accompanying documents because this will create a perception that Council will undertake an assessment of compliance. The private certification system should be able to stand independently as a reliable and credible sector without the need for Council oversight, should it continue to operate in NSW.

11. That Council advises the DP&E that it does not support the sub-categorisation of Complying Development into sensitive and non-sensitive development and that any development perceived as sensitive, or requiring subjective interpretations of impact, should not be categorised as complying development in the first place.

12. That Council advises the DP&E that it supports the introduction of a Compliance Levy on CDC’s and DA’s to assist with the costs of monitoring compliance.

13. That Council advises the DP&E that it supports reforms to standardise Local Planning Panel procedures, however considers that any decision to introduce new powers for the Minister to impose Local Planning Panels on Council should be deferred until such time

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as the specific circumstances when this power would be exercised can be publicly exhibited and submissions considered.

14. That Council advises the DP&E that it supports efforts to ensure that a construction certificate must be consistent with the development consent, and that the Court can declare it invalid if an inconsistency is discovered.

15. That Council advises the DP&E that it awaits the commencement of the more detailed public consultation phase for the ‘’Design-led Planning Strategy’’. At this time, Council will need to consider the degree to which practical and realistic options can be developed that are relevant in a regional context, and will not act as a significant disincentive to investment in the creation of additional housing stock in the short term.

EXECUTIVE SUMMARY The purpose of this report is to provide the deferred report previously presented to the February 2017 ordinary meeting allowing the Council to once again consider its content. The NSW Government are proposing a series of reforms to the NSW planning system. In general, the proposed reforms do not represent a significant departure from the strategic focus of the current legislation, although some aspects of the reform package may have an adverse impact upon Council processes and functions. This report discusses the changes that are most likely to have an impact upon Bellingen Shire, and recommends that Council makes a submission to the Department of Planning and Environment, as part of the public exhibition process. REPORT DETAIL Background Council will recall considering a report at its December 2016 meeting that discussed proposed changes to complying development legislation in NSW. This was one aspect of a broader reform package for the NSW Planning system. Details of the broader reform package were released in January 2017 and are on public exhibition until 31 March 2017. Council deferred consideration of this matter at its meeting of 22 February 2017 in order to allow for;

Council Officers to attend an Information Session held by the NSW Department of Planning and Environment (DP&E) on 2 March 2017 at Ballina, and

A workshop to be held with Councillors on 15 March 2017 to discuss the nature of the changes in greater detail.

This report summarises the intent of the proposed reforms, considers their implications and recommends that Council make a submission to the DP&E. The report focuses on matters of concern to Bellingen Shire, rather than policy areas that are typically of little relevance to Bellingen Shire. The report references key headings contained in the exhibition document ‘’Planning Legislation Updates – Summary of proposals – January 2017’’, which is included as Attachment A to this report. Summary of Intent According to the DP&E, the updates aim to achieve the following outcomes.

‘’These updates aim to build greater confidence in the planning system by enhancing community participation, strengthening upfront strategic planning and delivering greater probity and integrity in decision-making. The updates will make

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the system simpler and faster for all participants and help ensure that growth across NSW is carefully planned into the future.’’

The DP&E also submit that this approach builds on areas of general consensus that emerged from recent stakeholder consultation, and the wide ranging reforms proposed in 2013 via the Planning Bill 2013 and the White Paper: A New Planning System for NSW. The reforms aim to modernise the objectives of the Environmental Planning & Assessment Act 1979 (the Act), and the proposed amendments are included below. These have been included as it is considered of importance for Council to be aware of the fundamental strategic underpinnings of the NSW Planning System.

to promote the social and economic welfare of the community and a better environment by the proper management, development and conservation of the State’s natural and other resources;

to facilitate ecologically sustainable development by integrating relevant economic, environmental and social considerations in decision-making about environmental planning and assessment;

to promote the timely delivery of business, employment and housing opportunities (including for housing choice and affordable housing);

to protect the environment, including the conservation of threatened and other species of native animals and plants;

to promote the sustainable management of built and cultural heritage (including Aboriginal cultural heritage);

to promote good design in the built environment;

to promote the sharing of the responsibility for environmental planning and assessment between the different levels of government in the State; and

to provide increased opportunity for community participation in environmental planning and assessment.

It is not considered that the reworded objectives facilitate any obvious or significant departure from the existing objectives of the Act. This is in contrast to the previous 2013 amendments, which controversially proposed to elevate economic outcomes above environmental and social considerations in the hierarchy of objectives underpinning ecologically sustainable development. It is recommended that Council advise the DP&E that it supports the proposed amendments to the objectives of the Act. Reform Area – Enhancing Community Participation The DP&E submit that community participation in planning processes increases the accountability of decision-makers and promotes transparency and confidence in the planning system. Community participation in the strategic planning phase is considered particularly important, as this is where the ground rules for land use in an area are laid out. To achieve the objective of increased community participation, the DP&E proposes that any planning authority (which could be Council, or the DP&E for certain classes of development) must prepare a ‘’Community Participation Plan’’ which will explain how the authority will engage the community in plan making and development decisions. To reduce duplication for local Councils, they will be excluded from this requirement if their over-riding Community Engagement Strategy (prepared under the Local Government Act 1993) adequately addresses the requirements of the Planning legislation.

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In the case of Bellingen Shire Council, our existing Community Engagement Strategy is used to inform the approach taken for advertising of certain planning matters, however it is written, necessarily, to defer to any legal requirements for consultation that are contained in separate planning legislation. Should Council proceed with revising its existing Community Engagement Strategy in the near future, then there would be an opportunity to incorporate the planning requirements in an updated version. Should the amendments to the planning legislation commence prior to review of the Community Engagement Strategy, then it will be necessary to develop a new Community Participation Plan. Model Plans & Guidance Material will be prepared to assist Council s develop the plans. The DP&E also propose to mandate the exhibition of all applications for consent for local development for 14 days. This is considered unnecessarily autocratic, potentially disproportionate to impacts and potentially contrary to the objectives of the Act to promote the timely delivery of housing. It is recommended that Council object to any mandatory requirement to notify development and to leave this as a matter for local determination and discretion. The reforms also propose to introduce a requirement for planning authorities to publicly notify the determination of any Development Application by including the following information in the public notice.

(2) The mandatory notification requirement in relation to a decision to which this clause applies is public notification of: (a) the decision, and (b) the date of the decision, and (c) the reasons for the decision (having regard to any statutory requirements applying to the decision), and (d) how community views were taken into account in making the decision.

This is considered to represent a significant departure from existing public notification requirements and there is no detail as to what this notification would involve. For example, does notification require publication in a local newspaper and if so, what consideration has been given to the significant costs that would be associated with this? It is also considered that the inclusion of additional requirements on the processing of DA’s is likely to result in a greater proportion of assessing officers time being devoted to explaining why obvious and low impact development applications should be approved, rather than focusing on getting the next lot of applications determined as soon as possible. It is recommended that Council advise the DP&E that this aspect of the reform is not supported and that if it is proposed, it should be restricted to major and complex applications only, or matters determined by the elected Council, so as to not provide an additional impediment to the processing of routine and low impact local developments under delegated authority. It is also recommended that the DP&E advise Council of what public notification would involve and, if this requires publication in a local newspaper, advise what financial support will be provided to Councils to implement this additional notification requirement. Reform Area – Completing the Strategic Planning Framework The main areas of reform proposed under this section are outlined below.

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ensure that the ‘line of sight’ of strategic planning clearly flows to the local level through new local strategic planning statements;

introduce regular LEP checks to make sure that LEPs remain responsive to strategic planning objectives and up to date in relation to their local areas; and

improve the consistency of development control plans, so that they are easier to navigate and apply.

The requirement for ‘’Local Strategic Planning Statements’’ is considered to be a logical and practical way of;

documenting the strategic context and rationale for local controls

demonstrating how planning controls relate to the land use planning themes of Councils Community Strategic Plan

illustrating how local controls fit into regional and state controls Local Strategic Planning Statements will document a 20 year vision for the area and goals and actions to achieve them, including any necessary planning controls. To some extent, Council has already incorporated a similar methodology into its existing Growth Management Strategy. The following figure shows how the Statements will relate to other strategic planning documents.

It is recommended that Council advise the DP&E that it has no objection to the inclusion of Local Strategic Planning Statements as a new element in the strategic planning framework. It is also recommended that Council advise the DP&E that it;

Has no objection to the requirement for LEP’s to be reviewed every 5 years to determine whether they remain current and relevant having regard to changes that may have occurred in the previous 5 year period.

Has no objection to the development of a standard DCP format and model DCP provisions. This will aid with the ongoing uptake of eplanning options and it is not considered that Council has been significantly frustrated in the achievement of any

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planning objectives through the standard LEP format or process, which has evolved to allow for more flexibility since its inception.

Considers that the new requirements for strategic planning and community participation inherent in the planning reforms should be accompanied by a funding package to assist small Councils in developing the necessary plans, as occurred with the Standard LEP implementation process.

Reform Area – Better processes for local development Local development is development for which the council is the planning authority. It makes up the vast majority of applications dealt with by Bellingen Shire Council, where the take-up of alternative approval pathways such as Complying Development remains relatively low. The DP&E propose the following series of reforms to improve local development processes.

encouraging early consultation with neighbours; Comment: The DP&E note, correctly, that obtaining prior agreement from your neighbours on your proposed development would potentially result in a reduction in processing times. This assumes that a workable agreement can be reached with the relevant neighbours, who do not then proceed with making a submission to Council. There are a wide range of potential issues associated with framing this process as any sort of legislative requirement. This is recognised to some extent in the summary document which notes that a pilot program would need to be conducted that explores the various incentive mechanisms and administrative processes that might exist and that might be practical to implement. Some of the issues that could arise with this sort of a process are that previous agreements between neighbours are abandoned because they felt under pressure to sign off on the plans, or abandoned following a domestic dispute regarding matters such as trees, dogs or boundary fencing. Under no circumstances should Council be required to then adjudicate upon the currency of an agreement, or mediate conditional modifications made at the request of the neighbour, as part of its core responsibility to assess the application in accordance with the planning policies and principles that apply. It is recommended that Council advise the DP&E that it does not support any change in the regulatory process concerning neighbour consultation that would require Council to perform any function beyond assessing a submission made in response to the exhibition of an application.

improving efficiency and transparency where a development application needs approvals from other NSW Government agencies;

Comment: Any proposal to improve the process of obtaining concurrences and integrated development referrals from State government agencies is supported. It is recommended that Council advise the DP&E that it considers that the relentless reshuffling of State government agencies, loss of agency expertise and relevant points of contact is a further factor that has attributed to delays in this part of the system.

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It is also recommended that the DP&E investigate the possibility of allowing Councils to assume concurrence in the event that response timeframes are not complied with.

preventing the modification of a consent where the work has already been carried out; and

Comment: No objection is proposed to this part of the reform package.

improving the pathway for complying development. Comment: As previously documented, Council resolved in December 2016 to make a submission to the DP&E objecting to particular elements of the draft Medium Density Housing Code. This was in view of the Code moving away from the typical single dwelling focus of complying development and the potential adverse impacts on amenity and infrastructure that may result. This resolution is reprinted below.

That Council: 1. Advises the Department of Planning and Environment (DPE) that it does not

support the categorisation of manor homes as a form of complying development in view of the density of development that would result, and its potential incompatibility with existing residential character and amenity in Bellingen Shire.

2. Requests that it be excluded from the operation of the new Complying Development Code for Medium Density Housing until such time as it has completed an investigation into sewer capacity for infill development in the residential zones, implemented an appropriate minimum lot size for these new forms of development, and completed a review of its existing Contribution framework to ensure that these development types are adequately accounted for.

3. Advises the DPE that it does not support the introduction of subjective matters of assessment as complying development criteria. Subjective assessments of compliance should remain a function of Council through the Development Application process.

The proposed reforms aim to simplify the planning rules around complying development and to make the overall system easier to use. This would include increased use of diagrams, eplannning options for the submission of applications and simplified controls for certain greenfield or inland areas. No objection is offered to this element of the reform package. Concern is however expressed regarding three other reform proposals in the Complying Development realm. One is a requirement that certifiers intending to issue a CDC in metropolitan areas give a copy of the proposed certificate to direct neighbours & Councils. This is strongly opposed on the basis that it will create a perception in the mind of neighbours that Council will review the proposed CDC for compliance, and an expectation that Council will act in their interests to intervene. This will further invest Council in a defacto assessment regime (with no ability for cost recovery) designed to prop up the failures of the private certification system. It is therefore recommended that Council advise the DP&E that it does not support the requirement for certifiers to give Council a copy of a proposed Certificate and

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accompanying documents because this will create a perception that Council will undertake an assessment of compliance. The private certification system should be able to stand independently as a reliable and credible sector without the need for Council oversight, should it continue to operate in NSW. Another reform proposal aims to limit certain ‘’sensitive categories’’ of complying development to Council Certifiers. At face value, this seems like a logical reform however it is questionable as to why the DP&E do not consider the private sector capable of performing this function if they are to be recognised as a reliable and credible sector in the industry. It is also reasonable to question whether such a development should be categorised as ‘’Complying Development’’ in the first place if it is recognisably sensitive and what degree of subjective interpretation is now necessary to perform a certification function? Without seeing the categories of development proposed as ‘’sensitive’’, it is also possible that these may reflect development categories of little commercial interest to the private certification system, leaving Council Certifiers to perform functions that the market would not typically take an interest in. It is recommended that Council advise the DP&E that it does not support the sub-categorisation of Complying Development into sensitive and non-sensitive development and that any development perceived as sensitive, or requiring subjective interpretations of impact, should not be categorised as complying development in the first place. A further element of the reform package is to provide Councils with additional powers to stop work if they suspect that a CDC issued by a Private Certifier is not being complied with. As local government typically resents having to police a system that should stand independently as a reliable and credible sector this particular reform is not cause for any particular celebration. It further embeds the notion that Council should be responsible for overseeing the actions of private certifiers. The proposal to implement a compliance levy to support Councils in their role in enforcing complying development standards is however a move in the right direction. This would be levied on any CDC (regardless of whether dealt with by Council or a Private Certifier) and Council may elect to impose it upon Development Applications as well. It is recommended that Council advise the DP&E that it supports the introduction of a Compliance Levy on CDC’s and DA’s to assist with the costs of monitoring compliance. Reform Area – Confidence in Decision Making The main area of reform that may impact upon Councils functions, and planning matters that typically occur in Bellingen Shire, relates to the possible use of Local Planning Panels. The DP&E advise as follows with respect to this matter. ‘’The role of these panels is to provide independent, expert advice and recommendations to councils exercising planning functions, or to exercise those functions on behalf of the council. That is, panels can be tasked with determining development applications, such as those over a certain value or which have attracted a high number of objections. Under this model, elected councils set the strategy, policy and standards for development on behalf of their constituents, while technical assessments and decisions are made by independent experts in line with council’s framework.’’

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The reforms aim to standardise the process for local panels by bringing all of the different models that have been adopted, or would be adopted, under the one framework. More controversially, the reforms also aim to give the Minister the power to direct a Council to appoint a local planning panel where warranted, to “improve the quality and timeliness of planning decisions in the local area, or manage conflicts of interest or corruption’’. The reforms do not document the specific circumstances that would need to exist for this power to be exercised, noting that these will be included in the regulations at a later date. It is not considered unreasonable to expect that the specific circumstances under which a Minister would exercise this power should be exhibited concurrently with the reform package, so that Council’s may make an informed assessment of the degree to which this would see state wide objectives forcibly imposed upon local government authorities. It is not considered that Bellingen Shire Council would be the target of any direction by the Minister to appoint a Panel, noting that Council’s mean net determination time for DA’s in the 2014-15 reporting period was below the state wide average timeframe of 48 days and the vast majority of applications were determined under delegated authority. Notwithstanding this, should Council consider that it is generally satisfied with the strategic planning framework that sets the rules for development assessment in the Shire, and would prefer to focus its time and energy on matters outside of the development assessment process, the opportunity will exist for the Council to delegate this function to a local planning panel. The following extract illustrates how a local planning panel would operate.

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It is recommended that Council advises the DP&E that it supports reforms to standardise Local Planning Panel procedures, however considers that any decision to introduce new powers for the Minister to impose Local Planning Panels on Council should be deferred until such time as the specific circumstances when this power would be exercised can be publicly exhibited and submissions considered. Reform Area – Clearer Building Provisions Poorly drafted legislation, and case law precedents, have allowed for Construction Certificates to be issued that are not consistent with the Development Consent issued for that particular development. This allows for potential development outcomes beyond those which were considered reasonable by the Council, and which can be authorised by Private Certifiers acting in the interests of the developer. It is recommended that Council advise the DP&E that it supports efforts to ensure that a construction certificate is consistent with the development consent and that the Court can declare it invalid if an inconsistency is discovered. Reform Area – Elevating the role of design The reform package proposes to insert a new objective into the EP&A Act ‘’to promote good design in the built environment’’. The NSW Government Architect, as a subset of the DP&E, have developed a draft document entitled ‘’Better Placed – A design led approach: developing an Architecture and Design Policy for New South Wales’’. This document is described the first step in the development of a ‘’Design-led Planning Strategy’’ that would ultimately flow through to SEPP, LEP & DCP provisions and design guidelines. The draft document has not been analysed in detail as part of this report, noting that the intention is for more wide reaching consultation to occur with local government in early 2017. In general terms, the promotion of good design from a city scale, to individual buildings is supported. It is particularly important however that this is illustrated through the use of practical design guidelines that will provide a degree of certainty in outcome, so as to not discourage investment. For example, it is not considered that the end point of ‘’good design’’ should be purely a matter of subjective interpretation. It will also be important to address the perception that more rigorous design guidelines create less affordable housing options. The draft document argues as follows in this regard. While design excellence is sometimes seen as a costly, ‘optional extra’, it is actually a cost-effective necessity. Done well, design builds in resilience, safety and security, longevity of investment, reduced operating costs and increased land value in the wider precinct. It has a positive impact on reputation and brand and therefore on the ability to attract talent and visitors to our cities – to live, work and invest. The perception that design is expensive can be easily dispelled if the breakdown of a building’s whole-life costs is understood. Well-designed buildings can cost less. Over the lifetime of a building, the construction costs are unlikely to be more than 2–3 per cent of total costs, but the operating costs will often constitute 85 per cent of the total. On the same scale, the design costs are likely to be 0.3–0.5 per cent of the whole-life costs, and yet it is through the design process that the largest impact can be made on the 85 per cent figure.

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It is recommended that Council awaits the commencement of the more detailed public consultation phase for the ‘’Design-led Planning Strategy’’ to determine the degree to which practical and realistic options can be developed that:

are relevant in a regional context, and

will not act as a significant disincentive to investment in the creation of additional housing stock in the short term, notwithstanding the potential benefits to whole of life costs.

BUDGET IMPLICATIONS The way in which the NSW Planning system operates can have a range of budgetary implications for Council. Some of the ways in which this might manifest include the following:

Increased use of private certification systems for complying development would reduce application fee revenue currently paid to Council.

Increased efficiencies in the processing of Development Applications may result in more DA’s being approved. If these involve subdivision, this would create more rateable assessments.

The mandatory public exhibition of all local developments and mandatory publication of statements of reasons may reduce efficiencies in the processing of applications and create a disincentive to further investment

An increased focus on good design, from a subdivision scale to individual building scale, may reduce reliance on conventional infrastructure systems (eg: water, sewer, energy) in the long term.

SUSTAINABILITY ASSESSMENT The environmental, economic and social impacts of the proposed reforms have been addressed in detail in the preceding sections of this report. Overall, it is not considered that the reforms pose a significant departure from the existing strategic focus of the Act, such that there would be a disproportionate emphasis placed on any one of these three pillars of sustainability. ENGAGEMENT The Bellingen Shire Council Community Engagement Strategy was adopted by Council at its Meeting 22 February 2012. This strategy is designed to outline the approach Bellingen Shire takes towards engaging with our community. The Planning Reforms are a NSW Government initiative and do not require Council to engage with the public.

ATTACHMENTS 10.2.A Planning Legislation Update Summary (under separate cover)

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Item: 10.3

Subject: NOTICE OF MOTION - EXEMPTION FROM RATES- LAND 'BELONGING TO' THE DORRIGO STEAM RAILWAY AND MUSEUM - CR JENKINS

File/Index: Governance/Notice of Motion/Councillors/Finace/Rates

Presented by: Jenita Ferguson, Revenue Supervisor Chris Hodge, Chief Financial Officer

MOTION That Council:

(1) Henceforth exempt all land “belonging to” the Dorrigo Steam Railway and Museum

(a public charity) from “all rates” (i.e. Ordinary Rates) in accordance with s. 556 (1)

(h) of the Local Government Act 1993 No. 30 (NSW) (Assessment No’s 00165-

97010-00-5, 00165-96830-00-5, and 00319-70840-00-1 refer);

(2) Approve the retrospective exemption of all land belonging to the Dorrigo Steam

Railway and Museum, being Assessment No’s referred to in (1) above, from “all

rates” in accordance with s. 556 (1) (h) of the Local Government Act 1993 No. 30

(NSW) effective 3 December 2012 being the date the Museum was granted

“charity” status, within the meaning of the Charities Act 2013 (Cth), by the

Australian Charities and Not-for-profits Commission;

(3) Approve reimbursement in the amount of $16,345.64 to the Dorrigo Steam Railway

and Museum being the value of Ordinary Rates paid in respect to land “belonging

to” the Dorrigo Steam Railway and Museum subsequent to 3 December 2012, the

effective date of the Museum being granted “charity” status as aforementioned, to

31 March 2017;

(4) For the purposes of approving exemptions to rates under s. 556 (1) (h) of the Local

Government Act 1993 No. 30 (NSW), adopt the definition of “charity” as provided

in the Charities Act 2013 (Cth).

BACKGROUND PROVIDED BY CR JENKINS Firstly, Item 10.7 on the Agenda for the Ordinary Meeting of Council on 14th December 2016, with the Subject: ‘Dorrigo Steam Railway – Exemption from Domestic Waste Management Service’, contained the following Recommendation,

That Council exempt the Dorrigo Steam Railway Museum (Assessment 00319-70841-00-1) from one Domestic Waste Management Service Charge whilst ever the Station Masters Residence is utilised as a museum piece.

Council voted to approve this Recommendation. Information in the accompanying Report Detail acknowledged that the Dorrigo Steam Railway and Museum Limited (the Museum) had been assessed by the Australian

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Charities and Not-for-profits Commission to be a charity with effect from 3 December 2012. This Report Detail included reference to Section 556 (1) (h) of the Local Government Act 1993 No. 30 (NSW) (the LG Act), and reproduced the relevant paragraph, i.e. (h), therefrom. This reference however, was incomplete as the wording of sub-section (1) that precedes paragraph (h), and which must be read in connection therewith, was not quoted. For completeness, reference to Section 556 (1) (h) should have been quoted, as per the Act, as follows: 556 What land is exempt from all rates, other than water supply special rates and sewerage special rates?

(1) The following land is exempt from all rates, other than water supply special rates

and sewerage special rates:

……….. (h) land that belongs to a public benevolent institution or public charity and is used or occupied by the institution or charity for the purposes of the institution or charity, ………..

Importantly, land listed in this section is exempt from “all rates”, except as provided. The exemptions referred to relate to water supply special rates and sewerage special rates which are dealt with in other sections of the Act, therefore are not relevant to this discussion. The wording of preceding part of the section referring to the “exemption” however was not provided to Councillors in the Report Detail provided in the Agenda for the 14 December meeting. The exemption provided by Section 556 (1) (h) of the Act is a continuance of the exemption previously provided in Section 132. (1) (d) of the prior, now repealed, Local Government Act. Act No. 41, 1919. In the Local Government (General) Regulation 2005 (NSW), section 123: ‘Land exempt from rates (section 556)’ details additional land classes that have since been approved as also being exempt from all rates for the purposes of Section 556 of the Act. None of these land types are relevant to the matter under discussion here though. The Report Detail also makes reference to the Council having previously provided three loans to the Museum, and that Council staff ‘are actively engaged’ with the Museum in relation to a number of issues ‘to move the project forward’. Advice from the Museum indicates that all loans have been repaid in full, not only in accordance with the terms and conditions thereof, but prior to the expiration of the term of the respective loan (i.e. early). As to the degree that Council staff ‘are actively engaged’ with the Museum ‘to move the project forward’, I shall not comment in detail. It is worthy of note though, that the State Government recently gifted two parcels of Crown Land which were integral to the Museum’s future plans to the local Aboriginal Land Council. The Museum had been endeavouring to secure those parcels of land since 1974, 18 years before the landmark ruling in the High Court of Australia in the Mabo case which resulted in “Native Title” becoming an issue in relation to those parcels of land. Issues relating to Native Title on these lands were one of the issues with which Council was purportedly assisting the Museum. Reference to Section 556 in relation to exempting the Museum from a Domestic Waste Management Service Charge as aforementioned though, appears to be incorrect. Reference to “rates” in section 556, actually refers to the “Ordinary rates” levied by

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Council under the Act. This has been confirmed by the Office of Local Government and is consistent with Section 492 of the Act which states as follows: 492 What are the types of rates?

The types of rates that can be made by a council are: • ordinary rates • special rates.

In addition to “rates” councils are permitted to levy “charges”. “Rates” and “charges” are clearly different and are distinguished as such in the Act. For example, Section 535: ‘Rate or charge to be made by resolution’ states:

A rate or charge is made by resolution of the council.

Additionally, Section 561: ‘Who is liable to pay charges?’, of the Act states as follows: 561 The person liable to pay a charge is:

(a) the person who, if the charge were a rate and if the land on which the charge is

levied were rateable in respect of that rate, would be liable under section 560

to pay the rate, or

(b) the Crown in respect of land owned by the Crown, not being land held under a

lease for private purposes.

Domestic Waste Management Service fees are a “charge” levied under the Act. This distinction is further highlighted by Section 503 of the Act which reads as follows: 503 What is the relationship between rates and charges?

(1) A charge may be made: (a) in addition to an ordinary rate, and (b) in addition to or instead of a special rate.

Furthermore, the Dictionary in the LG Act, defines “rateable land” as meaning ‘land that is rateable to an ordinary rate or a special rate, or both’. What land is rateable? All land within the Council’s area is rateable, unless it is exempted. This is stipulated in s. 554: ‘What land is rateable?’ of the Act which reads as follows: 554 What land is rateable?

All land in an area is rateable unless it is exempt from rating.

A council has the ability to exempt land from water supply and sewerage special rates. This is provided in ss. 557 and 558 respectively and is in addition to the exemption from “all rates” for land specified in s. 555. “Special rates” however are not the subject of this discussion and will not be further referred to. Accordingly, the Act clearly distinguishes between the levying of “ordinary rates” and “charges”. Confirmation of this distinction, and the fact that s. 556 of the Act only refers to “ordinary rates”, is supported by advice from the Office of Local Government. Therefore, notwithstanding that the Council has power to exempt the Museum from the Domestic Waste Management Service Charge, in doing so as per the Recommendation

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and Report Detail provided in Agenda Item 10.7 on 14 December 2016, it has done so based on incorrect references to the legislation and related circumstances. In reference to the Motion contained in this Notice of Motion however, for the Museum, as a public charity, to be exempted from “all rates” as per s. 556 (1) (h) of the Act, two specific requirements must be met: (1) the land must “belong to” the Museum, and (2) the land must be used or occupied by the Museum for the purposes of the Museum. Is the Museum a “charity”? Prior to enactment of the Charities Act 2013 (Cth), no specific definition of “charity” existed in law in New South Wales, nor it appears in the legislation of any other state, territory or the commonwealth. The Commonwealth introduced the Charities Act 2013 (Cth) as ‘An Act to define charity and charitable purpose, and for related purposes’. The absence of a definition for ‘charity’ prior to the commencement to the Charities Act 2013 (Cth) is reaffirmed in the Preamble to that Act which states inter alia: Until now, the meaning of charity in Commonwealth law has largely been that of the common law, based on the preamble to the Statute of Charitable Uses 1601. The Preamble to the Charitable Uses Act 1601 (UK) (Statute 43, Elizabeth I), commonly referred to as the State of Elizabeth, set out a list of charitable purposes which included, ‘relief of the aged, impotent and poor; maintenance of sick and maimed soldiers and mariners; aid to schools and scholars in universities; and the help of young tradesmen and handicraftsmen’ (Martin F., 2010, ‘Local Government Rates Exemptions for Indigenous Organisations: The Complexities of a State-by-State System’, in Australian Indigenous Law Review, Vol. 14, No. 1, Indigenous Law Centre, University of New South Wales, p. 36). According to Martin (ibid.) ‘the Preamble was not considered, even in its own time, to be exhaustive’. The requirement for an organisation to have ‘purposes and objectives’ that could be deemed to ‘be deemed to be within the “spirit and intendment” of the Preamble to the State of Elizabeth was reaffirmed by Bignold J. in Dareton Local Aboriginal Land Council v. Wentworth Council [1995] NSWLEC 247 (22 December 1995). In answering his own question, ‘Is Dareton LALC a Public Charity?’, Bignold J. stated:

It is well established that it is the legal meaning of “charitable” which is to be applied here, and not the meaning of that term in any popular sense: see Salvation Army v. Fern Tree Gully Corporation [1952] HCA 4; (1952) 85 CLR 159 in which the same was held by the High Court in a case involving the rating of land under the Local Government Act 1946 (Vic), and Ashfield Municipal Council v. Joyce [1976] NSWLR 455 where the Privy Council affirmed the validity of the High Court’s reasoning in the earlier case and applied it to s. 132(1)(d) of the Local Government Act 1919, the antecedent section to s.556(1)(h).

In specific reference to the word “charitable”, Dixon, Williams and Webb JJ. in their Decision in Salvation Army (Victoria) Property Trust v. Fern Tree Gully Corporation [1952] HCA 4; (1952) 85 CLR 159 (5 March 1952) stated that:

In Chesterman v. Federal Commissioner of Taxation (1926) AC 128 the Privy Council, reversing the decision of this Court [i.e. the High Court], held that in the construction of s. 8 (5) of the Estate Duty Assessment Act 1914-1916 “for religious, scientific, charitable or public education purposes”, the word

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“charitable” was used in its legal sense and should not be given the narrow meaning of “eleemosynary” which it has in popular language.

The Salvation Army (Victoria) Property Trust v Fern Tree Gully Corporation case is now the ruling case in relation to the use and interpretation of the word “charitable”. This principle established in this case has been cited by almost 80 cases since 1952. Bignold J. further referred to the categorisation provided by Lord MacNaughton, in Income Tax Special Purposes Commissioners v Pemsel [1891] AC 531 (‘Pemsel’s Case’), where an attempt was made to provide further clarity as to what should constitute a ‘charity’. Lord MacNaughton stated that, in order to be classified a ‘charity’, an entity must be for:

The relief of poverty

The advancement of education

The advancement of religion

Other purposes beneficial to the community.

These early attempts to define what types of entities should be considered ‘charities’, were confirmed in the Australian legal system in 1974, when, according to Martin (2010, p. 36), the High Court of Australia, in Royal National Agricultural and Industrial Association v Chester [1974] 48 ALJR 304, ‘concluded that, in order for an institution to be charitable, it must be:

Within the spirit and intendment of the Preamble of the Statute of Elizabeth; and

For the public benefit.

The Preamble to the Charities Act 2013 (Cth) further states ‘Modern, comprehensive, statutory definitions of charity and charitable purpose, applying for the purposes of all Commonwealth law and ensuring continuity by utilising familiar concepts from the common law, will provide clarity and certainty as to the meaning of those concepts in contemporary Australia’. Part 2 - Definition of charity, of the Charities Act 2013 (Cth) therefore, provides a modern ‘statutory’ definition to what has for centuries been the determination of an institution’s charitable status based on a subjective assessment of it’s aims and objectives. Importantly, the definition of ‘charity’ in s. 5 of the Charities Act 2013 (Cth) stipulates that the definition applies ‘In any Act’. The definition therefore, has application across all the Australian States and Territories. Notwithstanding that determination of an institution’s charitable status, prior to the commencement of the Charities Act 2013 (Cth), required an assessment of the institution’s aims and objectives, such an assessment is still required. For example, Note 1 included in the definition of Charity in s. 5 of the Charities Act 2013 (Cth) states that ‘In determining the purposes of the entity, have regard to the entity’s governing rules, its activities and any other relevant matter’. Therefore, prior to assessing an institution as a ‘charity’, the Australian and Not-for-profits Commission must itself perform an assessment of institutions aim, objectives and related activities and be satisfied that it meets the criterion for being provided ‘charity’ status. It follows therefore, that subsequent to the commencement of the Charities Act 2013 (Cth), an institution assessed by the ACNC as a ‘charity’ is in fact a declared ‘charity’ for the purposes of any Act in Australia. Accordingly, bodies administering legislation in the State and Territories, would be required to take judicial notice that the institution is a

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charity for the purposes of the relevant legislation, in this instance s. 556 (1) (h) of the Local Government Act 1993 No. 30 (NSW). A copy of the ACNC certificate confirming that the Dorrigo Steam Railway and Museum is a charity, effective 3 December 2012, has previously been provided to Council by the Museum. Prior to the introduction of the Charities, the courts, in determining eligibility for rates exemption under s. 556(1)(h) assessed the entities aims and objectives on an holistic and all inclusive basis. This assessment is now undertaken by the ACNC. This assessment included whether or not their entities aims and objectives are charitable, and as required by the Charities Act 2013itself, if any part thereof in not considered charitable, then status as a “charity” cannot be conferred. An assessment by the ACNC that an organisation is a “charity”, means it is a charity, and the courts and other organisations, including Councils, are required to respect that ruling. Does the rateable land in question ‘belong to’ a charity, i.e. the Museum? The rateable land in question is as follows:

In relation to the last mentioned, Assessment No. 00319-70840-00-1, where the land is actually owned by the Dorrigo Steam Railway and Museum Limited, there is no question that the land ‘belongs to’ the Museum. I shall not discuss the issue further in relation to that land. Before discussing land relating to the remaining two Assessment Numbers though, it is necessary to highlight the distinction in legislation between “belongs to”, as referred to in s. 5566 (1) (h), as opposed to “owned by” which appears in other areas of the legislation. The meaning of “belongs to” has been the subject of many judgements of the Courts, in particular Trustees of Church Property of the Diocese of Newcastle v Lake Macquarie Shire Council [1975] 1 NSWLR 521; (1975) 33 LGRA 11 (the Lake Macquarie case), which appears to provide the current precedent on this topic. The principle established in the Lake Macquarie case is that land may “belong to” a charity (or charitable institution) notwithstanding that the actual title of ownership may be vested in another body or organisation.

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The precent established in the Lake Macquarie case has been cited and reaffirmed in the judgements of at least 18 cases since 1975, including as late as 2016 in the City of Mandurah v Australian Flying Corps & Royal Australian Air Force Association (WA Division) Inc [2016] WASCA 185. Handing down his Judgement in the Lake Macquarie case, Hutley J.A. stated the ‘the principal question argued was whether the land belonged to a public charity’. In justifying his Findings, His Honour quoted the remarks of Walsh J. in Joyce v. Ashfield Municipal Council as follows:

“There are cases in which, without any formal declaration of trust or written agreement or other document which could affect either the legal or equitable title to the land, it may nevertheless be found to ‘belong to’ some body or group, e.g. a religious order, in the sense required by such a provision as this. This finding could be based simply on the fact that such a group is using it for some purpose such as religious instruction or general education, by the desire or with the concurrence of the owners. Cf. Ku-ring-gai Municipal Council v. Nalty (1940) 17 L.G.R. 136.”

Hutley J. then went on to say that: The user or occupation does not become improper because it does coincide with the ownership, so that the resumption of regularity does not come into play to provide a connection between the user and the title.

Moffitt P. in his Judgement in the Lake Macquarie case, specifically in relation to the application of the exemption under s. 132 (1) (d) of the Local Government Act 1919. Act No. 41 (NSW), the antecedent section to s. 556 (1) (h) of the LG Act 1993, stated that:

To attract the exemption two requirements must be met, which in the case of a public charity is that the land must belong to the public charity and must be used for the purposes of such public charity.

And further that: liability for rates does not depend upon the means by which any relevant tile is derived but upon its state at the relevant time.

In referencing the case of Joyce v Ashfield Municipal Council (supra) (Joyce’s case), Moffitt P. further stated in his Judgement, that:

accepting, as I think the statute reasonably requires and the authority of Joyce’s case dictates, that land belongs to a charity where trustees hold it upon a charitable trust, it follows that, to determine the requirement, in a revenue exempting statutory provision, that the land belong to a public charity, purposes for use of the land in some relevant sense becomes the determining factor. The use of the word “belongs”, in contrast to “vests”, directs the inquiry away from the need to relate relevant purposes to the person in whom the legal title or the person or persons, if any, in whom any equitable title is vested. The word “belongs” is not a technical word (Heritage Reversionary Co. Ltd. v. Miller (supra at 606). In my view it should be given its wide and natural meaning including that which accepts a connection less formal than vesting between the land and a body or concept capable of bearing the description of a charity. The word “belong” is not infrequently used in statutes in contrast with “vested in” or “have the use of” and shows a flexible disposition to accommodate itself

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to the context (The Governors of St. Thomas, St. Bartholomew’s, and Bridewell Hospitals v. Hudgell 1901 1 Q.B 364 at 381; Shell Mix and B.P Ltd. v. Clayton (Valuation Officer) 1956 1 W.L.R. 1198 at 1206, 1212. In the context of the latter case Lord Tucker considered “belonging to” was not the equivalent to “the property of” and that it had a wider meaning (cf Myerson v. Colland (1918)25 C.L.R. 154) there discussed. ………. It would, in my view, be an erroneous interpretation of the legislation, to categorise the exemption by confining it to cases where there is a vesting of the land and a valid charitable trust thereon. … One would rather expect exemption to be directed to an organisation constituted for charitable purposes having at the relevant time sufficient domination over the land and in fact using the land for those charitable purposes.

Thus, whilst there may in some instances be a formal deed of trust agreement between the title holder and the charity or charitable organisation, this is not a mandatory requirement in order to satisfy the requirement in law that the land “belongs to” that charity or charitable organisation. Moffitt P. in his Lake Macquarie case Judgement also referred to the comments of Owen J. in Joyce’s case as stated by Hutley J., specifically reiterating that

“There are cases in which, without any formal declaration of trust or written agreement or other document which could affect either the legal or equitable title to the land, it may nevertheless be found to ‘belong to’ some body or group, e.g. a religious order, in the sense required by such a provision as this. This finding could be based simply on the fact that such a group is using it for some purpose such as religious instruction or general education, by the desire or with the concurrence of the owners. Cf. Ku-ring-gai Municipal Council v. Nalty.”

In the Lake Macquarie case, Samuels, J.A. stated that in order to make good the exemption in the relevant section it is necessary that two criteria exist. First, it must be shown that the land “belongs to” a public charity; and, secondly, that it is used for the purposes thereof. His Honour also referred to Joyce’s case and the remarks of Walsh J. in the same context as stated above in reference to the Judgements of Hutley J. and Moffitt P. in reference to ‘belonging to’. The subject land is held in three titles as outlined at the commencement of this section. Land in the name of the Dorrigo Steam Railway and Museum Limited is not at issue. Land in the name of the other two title-holders (Fenit Holdings P/L and Keith Malcolm Jones) is so registered instead of the Museum’s name due to the following: Fenit Holdings P/L: This land was purchased by the Bellingen Shire Council on behalf of the Museum and on-sold thereto. However, the Council at the time would not allow the Museum to be the title-holder. The Museum’s accountant therefore purchased a ‘shelf company’ (i.e. Fenit Holdings P/L) to be the entity for title registration purposes; this satisfied Council’s requirements. Fenit Holdings P/L exists for no other reason than to hold title on the subject land on behalf of the Museum, and it has no other assets. The Directors of this company are Keith Malcom Jones (Managing Director of the Dorrigo Steam Railway and Museum), and Kimberley Broderick, also a Director of the Museum.

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Keith Malcom Jones: Similar to the land in the name of Fenit Holdings P/L, the land in Mr Jones’ name was also purchased by the Bellingen Shire Council on behalf of the Museum and on-sold. On this occasion however, the Council required the title-holder to be an individual, thus Mr Jones volunteered himself as the title-holder. This satisfied the Council’s requirement and the land was registered in his name. This, in my opinion, would satisfy the requirement for establishing that the land ‘belongs to’ the Dorrigo Steam Railway and Museum Limited in the context as outlined in the ruling precedent, the Lake Macquarie case and summarised as aforementioned. However, although no formal deed of trust etc. exists, there is an approved Development Application lodged by the Museum which encompasses ALL of the subject land. A copy of that Application is provided herewith. Therefore there evidence of a constructive nexus between the title-holder and the Museum in respect to the land held in the name of Fenit Holdings P/L and Keith Malcom Jones. Additionally, all payments in relation to the subject land have been made by the Museum. Consequently, based in the rationale outlined therein, it is submitted that the land held in the title of Fenit Holdings Pty Ltd and Keith Malcolm Jones (Assessment No’s. 00165-97010-00-5 and 00165-96830-00-5 respectively) is land that ‘belongs to’ the Dorrigo Steam Railway and Museum Limited for the purposes of s. 556 (1) (h) of the LG Act 1993. Is the Museum a “public charity”? Whether or not the Museum is a “charity” has already been adequately canvassed. The terms “Public”, or “public charity” more specifically, are not defined in NSW legislation in the Local Government Act 1993 or the Interpretation Act 1987. Similarly, “public” is also not defined in the Acts Interpretation Act 1901 (Cth). When an Act is silent on the meaning of a word or term, the dictionary / common definition is generally utilised. The Australian Concise Oxford Dictionary (2004, p. 1138) provides several references in the definition of ‘public’ including ‘2. A section of the community having a particular interest or in some special connection.’ This definition refers to ‘a section’ – it does not need to be the whole community. This also accords with reference to ‘public benefit’ as per the Australian Charities and Not-for-profits Commission website. An internet search on the term ‘public charity’ returns a couple of sites, two of which are provided below, although they both from the United States of America (USA). GRANTSPACE http://grantspace.org/tools/knowledge-base/Funding-esources/Foundations/private-foundations-vs-public-charities Q: What is the difference between a private foundation and a public charity? A: Private foundations Foundation Center defines a private foundation as a nongovernmental, nonprofit organization having a principal fund managed by its own trustees or directors. Private foundations maintain or aid charitable, educational, religious, or other activities serving the public good, primarily through the making of grants to other nonprofit organizations. Every U.S. and foreign charity that qualifies under Section 501(c)(3) of the Internal Revenue Service Code as tax-exempt is a "private foundation" unless it demonstrates to

http://grantspace.org/tools/knowledge-base/Funding-esources/Foundations/private-foundations-vs-public-charities

http://grantspace.org/tools/knowledge-base/Funding-esources/Foundations/private-foundations-vs-public-charities

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the IRS that it has met the public support test. Broadly speaking, organizations that are not private foundations are public charities as described in the Internal Revenue Service Code. Public charities Public charities generally derive their funding or support primarily from the general public, receiving grants from individuals, government, and private foundations. Although some public charities engage in grant making activities, most conduct direct service or other tax-exempt activities. A private foundation, on the other hand, usually derives its principal fund from a single source, such as an individual, family, or corporation, and more often than not is a grantmaker. A private foundation does not solicit funds from the public. IRS (Internal Revenue Service – USA) https://www.irs.gov/charities-non-profits/charitable-organizations/public-charities "Public Charities" A private foundation is any domestic or foreign organization described in section 501(c)(3) of the Internal Revenue Code except for an organization referred to in section 509(a)(1), (2), (3), or (4). In effect, the definition divides section 501(c)(3) organizations into two classes: private foundations and public charities. Generally, organizations that are classified as public charities are those that

Are churches, hospitals, qualified medical research organizations affiliated with

hospitals, schools, colleges and universities,

Have an active program of fundraising and receive contributions from many

sources, including the general public, governmental agencies, corporations,

private foundations or other public charities,

Receive income from the conduct of activities in furtherance of the organization’s

exempt purposes, or

Actively function in a supporting relationship to one or more existing public

charities.

Private foundations, in contrast, typically have a single major source of funding (usually gifts from one family or corporation rather than funding from many sources) and most have as their primary activity the making of grants to other charitable organizations and to individuals, rather than the direct operation of charitable programs. It seems therefore from the information, there is no distinction in Australia between the terms ‘public charity’ and ‘charity’. All these references to the term ‘public charity’ support the Museum coming within the ambit of that term. Is the land used or occupied by the … charity for the purposes of the institution or charity? I believe this is self-evident, and satisfies this element of the section in terms of both “uses” and “occupies”, thus I do not propose to elaborate further on this point. Collectively therefore, it is submitted that the Dorrigo Steam Railway and Museum Limited is a public charity for the purposes of s. 556 (1) (h) of the LG Act 1993, that all the land referred to herein belongs to the Museum, and that the Museum both uses and occupies the subject land for its charitable purposes.

https://www.irs.gov/charities-non-profits/charitable-organizations/public-charities

https://www.irs.gov/charities-non-profits/charitable-organizations/public-charities

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Consequently, all elements of s. 556 (1) (h) have been satisfied, thus the Museum is entitled to the exemption provided therein. COUNCIL OFFICERS COMMENT – General Manager Following receipt of the notice of motion, advice was sought from the appropriate Council officers as to how the statutory requirements contained within the NSW Local Government Act 1993 (the Act) and/or related legislation might be applied to the facts of the matter and what case law may be relevant to the interpretation of the relevant terms used within the Act(s)/motion. This has resulted in uncertainty as to the lawfulness of the notice of motion. Section 240(2) of the NSW Local Government (General) Regulation as provided below outlines that matters which are considered unlawful by the General Manager must not be included in the business paper of council.

LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 240

240 Agenda and business papers for council meetings

(2) The general manager must not include in the agenda for a meeting of the council any business of which due notice has been given if, in the opinion of the general manager, the business is (or the implementation of the business would be) unlawful. The general manager must report (without giving details of the item of business) any such exclusion to the next meeting of the council.

Given the complexity of the issues of law involved, advice was sought from the NSW Office of Local Government as to the most appropriate course of action. Advice from that process indicated, given the uncertainty, that the notice of motion be included in the business papers, and that it be recommended to the Governing Body that Council defer consideration of the notice of motion and seek legal advice on the lawfulness of the motion. GENERAL MANAGER’S RECOMMENDATION That Council:

1. Defer consideration of the notice of motion. 2. Obtain legal advice as to the lawfulness of the notice of motion 3. Receive a further report once legal advice is to hand.

ATTACHMENTS 10.3.A Supplied by Cr Jenkins - Application Consent by Owners 10.3.B Supplied by Cr Jenkins - BSC Letter re: DA Mod Consent 10.3.C Supplied by Cr Jenkins - BSC Notice of DA Determination 10.3.D Supplied by Cr Jenkins - Coffs H City Council DSRM Rates 10.3.E Supplied by Cr Jenkins - DSRM Ordinary Rates

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Item: 10.4

Subject: DEPUTY GENERAL MANAGER'S REPORT PROGRESS REPORT

File/Index: Operations Council Reports

Presented by: Matt Fanning, Deputy General Manager Operations

ALIGNMENT WITH DELIVERY PROGRAM (CL) CIVIC LEADERSHIP (CL.3) Council is proactive in representing the needs of our community. (CL.3.3) The principles of social justice underpin our activities and decision making processes. (CL.3.3.1) Implement the Social Plan.

RECOMMENDATION That the report be received and noted.

EXECUTIVE SUMMARY The purpose of this report is to provide information on Council’s performance in relation to services supplied by Council’s Operations Division. REPORT DETAIL The purpose of this report is to provide information on Council’s performance in relation to services supplied by Council’s Operations Division. REPORT DETAIL The following details accomplishments for the month of February 2017 and may also include proposed works for March 2017. Construction Activities: Local Roads Capital Works The detailed capital works program utilising the Roads to Recovery, Special Rate Variation funding and infrastructure loan has been developed. The following projects have been included in Council’s Heavy Patching/Resealing program, works continued for completion during February 2017:

Gleniffer Road, Gleniffer

Kalang Road, Kalang

Continuation of North Bank Road, Raleigh

Darkwood Road, Thora

Gordonville Road, Gleniffer

Summervilles Road, Thora

Little North Arm Road, Thora

Promised Land Loop, Gleniffer

Bowraville Road, Bellingen

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Mylestom Drive, Repton

Valery Road, Raleigh

Whisky Creek Road, Dorrigo

Hungry Head Road, Urunga

Keevers Drive, Raleigh

Local road patching on Council’s road networks Total expenditure to date for heavy patching and resealing is $315,307 being 25% from an allocated budget of $1,285,000. The resealing program commences on 13 March 2017 weather permitting and will continue for a two week period pending weather forecast. The expenditure for this program is $750,000 from an allocated budget by April 2017. These works include:

Whisky Creek Road, Dorrigo – 2,280m

Summervilles Road, Thora – 2,490m

Promised Land Road, Gleniffer - 1,890m

Timboon Road, Gleniffer end – 630m

Roses Road, Gleniffer – 1,670m

Gleniffer Road, Gleniffer – 1,500m

Gleniffer Road/Roses Road – Gleniffer – 20m

Hydes Creek Road Bellingen – 1,290m

Bowraville Road, Brierfied – 5,010m

Valery Road, Valery – 1,640m

Mylestom Drive, Mylestom – 3,300m

Keevers Drive, Raleigh – 1,500

Hungry Head Road – 2,500 These works achieve the resurfacing of 25.720 km from Councils condition 5 seals. Renewal Works The following projects have been included in Council’s Construction Program:

North Bank Road rehabilitation - Completed

Hickory Street, Dorrigo rehabilitation – anticipated commencement April 2017 – pending confirmation from the contractor mid-March, 2017 – Budget $180,000

South Arm Road rehabilitation – anticipated commencement in May 2017 pending confirmation and scope of works – Budget $750,000

Yellow Rock Road, Raleigh - Completed

Bellingen Street, Urunga – anticipated commencement April 2017 pending confirmation from contractor mid-March – budget $100,000

Total expenditure to date is $355,098 or 26% from an allocated budget of $1,345,000. Heavy Formation Grading and Gravel Resheeting Total expenditure to date is $630,999 or 74% from an allocated budget of $857,000 for formation and resheeting. The following projects have been completed as part of the resheeting program for this financial year:

Darkwood Road, Thora

Summervilles Road, Thora

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Emersons Road, Dorrigo

Moonpar Road, Dorrigo

Harness Cask Road, Dorrigo

Briggsvale Road, Dorrigo

Deer Vale Road, Deer Vale

Valery Road, Gleniffer

Timboon Road, Bellingen

Rodgers Road East, Dorrigo The following roads have been completed as part of the formation grading program for this year:

Davidson Road, Dorrigo

Dome Road, Dorrigo

Schnapper Beach Road, Urunga

Hudsons Road, Dorrigo

Beverleys Road, Dorrigo

Martells Road, Urunga

John Glyde Place, Bellingen

Cabans Road, Raleigh

McIndoes Road, Dorrigo

Harveys Road, Dorrigo

Bowraville Road, Bellingen

Sunny Corner Road, Bellingen

Kalang Road, Kalang

Boggy Creek Road, Thora

Rodgers Road West, Dorrigo

Lower Bielsdown Road, Bielsdown

Marks Road, Dorrigo

Wards Road, Dorrigo

Roses Road, Gleniffer

Logans Road, Valla Shoulder Grading There was no shoulder grading carried out in February 2017. Total expenditure to date is $32,826 or 65% from an allocation budget of $50,000 for shoulder grading works. 2015 Shire NDRRA Flood Damage Cooks Creek Bridge, Kalang Road: The contract for Cooks Creek Bridge is progressing with the detailed design stage of this work substantially completed. Construction is anticipated to commence late March - early April, 2017. This bridge is fully funded by Natural Disaster Relief and Recovery Arrangements (NDRRA). McFadyens Bridge, Gleniffer: The contract for McFadyens Bridge is progressing with the detailed design stage of the works substantially completed. Construction is anticipated to commence late March-early April, 2017. This bridge is funded by NDRRA, Roads to Recovery and Council.

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Reids Creek Bridge, Kalang: Following Council resolution of Council on 14 December 2017, investigations and negotiations are underway to progress a lower cost option. Geotechnical investigations are completed and a design commissioned. It is intended that the Council bridge crew will construct this bridge with the bridge design nearing completion utilising a new specialised low cost modular bridge solution. Richardsons Bridge and Leans Creek Bridge, Darkwood Restoration Works: Tenders were advertised on 10 January 2017 and closed on 2 February 2017. No tenders were received with 3 tenderers attending the compulsory site visit and tender briefing on 18 February 2017. Negotiations have commenced with the four organisations in accordance with council’s resolution from its February 2017 Ordinary Meeting. A report for detailing the negotiation process authorised by Councils previous resolution in the matter is anticipated to be presented to a later Meeting of Council. Landslip Package 1 & 2 Contracts have been awarded as per Council resolution from the February 2017 Ordinary Meeting and the start-up meeting to commence work is scheduled to be held on 15 March 2017. Extension of Time Application – 2015 NDRRA Flood Damage An extension of time application has been forwarded by Council to the Federal Government for the completion of the 2015 NDRRA Shire Roads Flood Damage event. It is programmed that all of the works will be substantially commenced by 30 June 2017, the current deadline. These delays associated with the works are explained in detail and demonstrated in the submission to the Federal Government. Total NDRRA expenditure to date is $855,304 or 12.5% from an allocation budget of $6,789,916. The next few months will see a dramatic increase in expenditure as a result of:

a) Cooks Creek and McFadyens Bridges – Green Construction Pty Ltd are finalising designs with anticipated commencement of the construction works in the coming weeks

b) Detailed designs for the 15 major landslips are in progress with construction anticipated to commence in May 2017

c) Negotiations for Richardsons and Leans Creek Bridges located on Darkwood Road will be finalised in April 2017 with anticipated commencement of the construction works in June 2017

d) The procurement process for the minor sites that have been allocated to external contractors is substantially completed

e) The minor sites allocated to Council have already commenced. Maintenance: Road Maintenance Council Contract (RMCC) - Maintenance Works including ordered works:

RMCC works carried out for the month of February include:

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Resealing of approximately 7.3km of roadway

Rest area servicing and garbage removal

Network inspections

Clean up of stockpiles and repair of environmental controls located on Waterfall Way

Reactive pothole patching works addressing defects on Waterfall Way

Extensive drainage clean-up works of table drains, kerb and gutter, pits and culverts on Dorrigo Mountain

General maintenance

Guide post and guardrail delineation installation and replacement.

Total claims value issued $1,389,587.56 Total revenue received $1,389,587.56 Total claims outstanding: Nil Regional Roads Maintenance General bitumen pavement maintenance activities were carried out on Council’s regional roads being Tyringham and Coramba Roads, Dorrigo. These included undertaking:.

Resealing of two sections

Vegetation removal

Paveliner carried out course corrections to existing pavement

Slashing

Shoulder grading

Pavement patching Total Expenditure to date is $175,183 or 57% of an allocated budget of $305,000. Local Road Maintenance These works included the following:

Kalang Road, Kalang - shoulder grading

Coramba Road, Megan - grading

Roses Road, Gleniffer - grading

Routine pavement patching on local roads

Routine slashing operations Total expenditure to date is $749,527 or 68% from an allocated budget of $1,107,500 Bridge Maintenance Works carried out on Council bridge network included the following:

Slarkes Bridge, Slarkes Road, Bellingen – full retighten

Capararos Bridge, Promised Land Loop Road, Gleniffer – full retighten of deck and replacement damaged running boards

Godings Bridge, Godings Road – full retighten and clear vegetation which accumulates around abutments due to flushes in the waterway.

Little Promised Land Bridge, Godings Road – full retighten

Vegetation clearing around select bridges in the coastal areas

Summervilles Creek Bridge, Summervilles Road, Gleniffer – full retighten

Rosewood River Bridge, Summervilles Road, Thora – full retighten

Kips Creek Bridge, Darkwood Road, Thora – full retighten

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Adams Bridge, Slingsbys Road – full retighten

Breakwells Bridge Breakwells Road – full retighten

Dowle Street stormwater drainage – emergency response to collapse of the road.

Total maintenance expenditure to date is $120,804 or 67% or from an allocated budget of $180,000 Bridge maintenance. Total bridge capital works expenditure to date is $24,148 or 24% from an allocated budget of $100,000.

L3 Bridge Inspections

As previously advised, the detailed Level 3 Bridge inspections are now completed for 74 of the 89 timber bridges. Reports on the 52 bridges have been received. Once the inspections are completed and the assessment reports issued for all timber bridges a Council workshop will be held to discuss the results and further develop the bridge prioritisation tool and process of for developing a timber bridge renewal program. Total expenditure to date is $166,204 or 62% or from an allocated budget of $270,000 L3 Bridge Assessments. Urban Works Council’s open space staff routinely perform the following tasks during the month of February: Streetscape Maintenance

Litter pick up and collection

Gutter cleaning

Cleaning of amenities throughout the Shire

Continuing playground maintenance Connell Park, Bellingen

Mowing of parks and reserves

Bi-monthly mowing of road reserve east end and west of Bellingen township

Continuation of painting and refurbishment for street furniture

General maintenance, mowing of all cemeteries

Continuation of Bus shelter maintenance Total expenditure to date is $742,928 or 52% or from an allocated budget of $1,416,891.

Asset Management:

Pacific Highway Handover Project – the maintenance diaries have now been finalised and were discussed at a meeting held on 3 March 2017. These meetings are in addition to the meetings which have been held at executive level within the RMS and the two meeting with Roads Minister, the Hon Melinda Pavey regarding the asset handover.

External Monthly Reports were completed, these included: - Bridge Renewal Program – a status report for Reids Creek Bridge - Road Maritime Services Project Grant invoices - Bellingen Main Street Project Status Report

South Arm Road defect repairs have commenced with Lendlease undertaking the works under Council supervision

Review of the designs for South Arm Road, Raleigh rehabilitation project

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A defect inspection with NSW Roads and Maritime Services and Lendlease for the hand back of the new construction of the intersection of Ballards Road and its intersection with Ginnagay Way, Urunga

Ongoing redevelopment of Councils Asset Management Plans

The structural design of Reids Creek Bridge, Kalang Road, Kalang is underway in preparation for construction targeted for completion by end of June 2017

Update of the Urunga to Hungry Head Cycleway Stage 4 design. Workshop The following items have been either planned or completed by the workshop for the month of February 2017:

Plant 487 – vehicle warranty repairs on air conditioning at the dealer

Plant Nos 449, 479 and 488 – 2 utilities and 1 vehicle - New tyres

Plant Nos 854 tractor mower and 855 ride on mower– deck repairs

Plant 262 – excavator repairs

Plant 455 –Utility - dirty fuel

Plant 77 – large water cart tail shaft jack repairs

Plant 856 – Slasher - renew slasher skids

Plant 97 – Mid-sized tipper - load restraint repairs

Plant 106 – Dorrigo grader - oil leak and air conditioning repairs

Plant 263 – Case track loader - oil leak repairs

Plant 84 – Paveliner truck - air hose repair

Plant 481 – Utility New tyres and wheel alignment

Plant 96 – Mitsubishi twin cab - breakdown, warranty repairs at dealer to replace fuel pump

Plant 260 – Tractor - oil leak repairs

Plant 120 – Town Maintenance truck - Warranty repairs at dealer

Plant 261 – Raleigh Loader - oil leak repairs

Plant 857/868 – Mulchers - repairs to rollers

Plant 463 – Utility - Warranty repair at dealer for clutch repair

Plant 458 – Utility - Wheel bearing

Plant 87 – Call out truck - new drive tyres

Plant 89 – Small tipper - windscreen repairs

Plant 140 – Mower - oil leak repairs

General maintenance and repairs as scheduled. Total expenditure to date is $125,035.00 or 52% from an allocated budget of $155,035.00. Reflect Accomplishment and Defect Reporting Council has implemented a maintenance management system which is used to capture all road maintenance activities and then prioritise their repair based on a risk rating. The system is used to program works based on risk allocated response times. Accomplishments are the maintenance activities which have been completed – these are displayed below in both table and map format. The Defects Map presented shows all outstanding defects which have been captured and awaiting programming. The following table is the accomplishment report for all the road activities collected in reflect to date.

Activity Activity Name UOM Year To Date

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Work Done

101 Prompted Inspection each 24

111 Routine Inspection each 195

201 Repair Pothole (S) each 2127

202 Repair Pavement Edge (S) m 1628

203 Repair Wearing Surface (S) m2 36090

204 Minor Pavement Patch (S) <10m2 m2 72

205 Repair Pothole (U) each 148

221 Grade Formation (U) km 48

222 Resheet Formation (U) (OW) km 42

223 Incorporate New Base Material m3 1

224 Heavy Formation Grading (U) (OW) km 20

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Work Done

225 Prime Seal (S) m2 0

226 Grade Formation (OW) km 1

241 Grade Shoulder (S) km 11

251 Heavy Patching - Modified Flexible (S) (OW) m2 183

253 Heavy patching - Gravel Patching (U) (OW) m2 105

261 Resealing - 7 mm (conventional binder) m2 2

264 Resealing - 7 mm (other binder) m2 0

293 Pavement Reconstruction - Natural Gravel (S) m3 30

294 Pavement Reconstruction - Modified Pavement (S) m3 0

301 Remove Obstruction and Offensive Litter each 20

302 Remove Graffiti each 50

311 Slashing Ha 114

312 Trim Tree each 609

316 Remove Tree each 603

319 Maintain Landscaping m2 39

332 Private Works (OW) each 2

334 Renew Boundary Fence (OW) m 80

339 Collect Roadside Litter and Sweep Roadway each 826

351 Maintain Roadside Slope each 1

353 Repair Roadside Slope (OW) each 2

355 Maintain Retaining Wall each 2

421 Service Toilet each 12

422 Maintain Toilet each 6

423 Renew Toilet (OW) each 1

428 Service Rest Area each 1

429 Maintain Rest Area each 1

511 Maintain Surface Drain each 45

513 Clean Culvert each 62

514 Renew Surface Drain (OW) each 7

515 Clean Drainage Pit each 37

516 Maintain Drainage Structure each 74

519 Renew Subsurface Drain (OW) m 50

521 Renew Drainage Structure (OW) each 5

611 Guideposts each 427

612 Maintain Safety Barrier m 1

613 Maintain Pedestrian Fence m 1

614 Repair Sign each 24

615 Replace Small Sign each 74

616 Replace Large Sign each 3

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Work Done

621 Renew Safety Barrier (OW) m 1

622 Renew Pedestrian Fence (OW) m 15

623 Renew Large Sign (OW) each 7

624 Renew Longitudinal Linemarking (OW) km 1

625 Renew Pavement Marking (OW) m2 6

716 Repair Bridge Bearing each 1

717 Repair Bridge Joint each 2

801 Traffic Incident each 1

803 Other Incident each 56

804 Recoverable Work each 7

994 Pavement Rebuild work m2 3

The following map is displaying the 1,716 accomplishments completed for the financial year and collected in Reflect to date. The previous month’s accumulated total was 1,562 accomplishments.

The following map is displaying the 348 outstanding defects identified to date. This figure is up from the previous month’s figure of 312 outstanding defects.

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LAND USE SERVICES

General

There were 9 companion animals being dogs seized during the month of February,, 4 in the Bellingen area and 5 in the Dorrigo area. Four of these seized dogs were returned to their owners without being impounded. Five were impounded. One was released to its owner and two were released to a rescue organisation. One was euthanized as it was ill and one remained in the pound to the end of the month.

The following companion animals were issued Companion Animal Lifetime Registrations:

- 1 working dog - 8 desexed dogs - 4 non-desexed dog - 2 pensioner desexed dogs - 4 breeder dogs - 1 pensioner desexed cat

Twenty six Penalty Infringements Notices were issued for parking offences with 3 in Dorrigo, 3 in Urunga and 20 in Bellingen

Two penalty Infringement Notices were issued for companion animal offences under the NSW Companion Animals Act, 1998 in Bellingen

One Penalty Infringement Notice was issued under the NSW Protection of the Environment Operations Act in Bellingen

One cat was declared a Nuisance Cat

Patrols for illegal campers continued in the Promised Land, Gleniffer and the Mylestom areas.

Two tree inspections were undertaken with 1 in Dorrigo and 1 in Urunga

One hundred and fifty OSMS inspections of High Risk systems (carried out once and twice yearly) have been completed in Repton, Mylestom, Raleigh and Urunga as part of the ongoing OSMS Inspection Program

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Four OSMS inspections for system upgrades under a Local Government Section 68 approval with 1 in Dorrigo and 3 in Bellingen

Land Information Service

Ongoing processing of subdivision registrations in Council’s Civicview Land Information System

The survey works for the collection of the remaining sewer data is nearing completion. Following these works the sewer modelling works will be completed.

Development Applications

The attachments to this report provide a summary of the types of development applications Council is receiving, the average processing time for each month, the average processing time for the financial year, and the number of applications determined per month. The attached charts provide data for the current and previous financial years, which enables comparison between months and also comparison with the previous year. Types of Development The types of development listed in the DA Summary Table are described as follows: Residential development includes new dwellings, alterations and additions including swimming pools, carports and all other structures on a residential block, multi-dwelling and dual occupancy developments. Industrial/commercial development includes new buildings, alterations and additions to existing buildings and tourist accommodation. Mixed development is a combination of residential and commercial uses. Other developments include community facilities, development other than residential in rural areas (e.g. farm shed), infrastructure and any other development not categorised above. Subdivision includes new subdivisions, boundary adjustments, lot consolidations and community title lot creation. DA Processing times

The gross processing time is the actual number of days elapsed from when the application was lodged to when the application was determined. The gross times do not take into account the “stop the clock” procedures which enable Council to put an application on hold when waiting for additional information. The net processing time is the number of processing days that have elapsed since the application was lodged to when the application was determined. Under the stop the clock system, the days an application is put ‘on hold’ in order to allow applicants time to provide additional information, are not counted as processing days. The current target for the processing of development applications is to meet and exceed industry benchmarks, currently set at 71 days (mean gross DA determination time). This is provided for in the NSW Department of Planning and Infrastructures Local Development Performance Monitoring. The Department of Planning regularly monitors the performance of the NSW planning system to ensure it is operating as efficiently and effectively as possible for the public, for small and large-scale developers and for industry professionals such as council planners and sets the industry standards in this regard. Council’s net determination times are currently on target.

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Development Applications Determined During the Month – Bellingen Shire Council Application Reference

Application Description

Gross* Days To

Determine

Value of Application

($)

2016/DA-00113 Use of Existing Dwelling and Create a Dual Occupancy 159 0

2016/DA-00152 Advertising signage (x 4) 92 10,000

2016/DA-00155

Dwelling Renovations and Carport/Storage 85 25,000

2016/DA-00159 Alterations, Additions and Identification signs (x 3) 93 950,000

2016/DA-00161 Dual Occupancy (re-sited dwelling) 85 19,500

2016/DA-00162

Boundary Adjustment 70 0

2016/DA-00163 Secondary Dwelling and Studio/Shed/Carport 86 160,000

2016/DA-00168 Patio Roof 72 6,754

2016/DA-00172 Use of Shed 72 3,500

2016/DA-00176 Dwelling Alterations and Additions 68 190,000

2017/DA-00001 Secondary Dwelling 42 55,000

2017/DA-00005 Dwelling Additions 25 47,500

No of Applications: 12

Total Value 1,467,254

*Gross time to determine is the total time from the date of application to the date of determination. No stop the clock times have been discounted for RFI or incomplete applications.

Development Applications Received by Council

1 February 2017 – 28 February 2017

Application Reference

Application Description

Value of Application

2017/DA-00008 Subdivision and secondary dwelling $ 120,000

2017/DA-00009 Swimming pool and cabana $ 36,000

2017/DA-00010 Convert carport to Hobby Space and Construct new carport $ 20,000

2017/DA-00011 Tree Removal and Pruning $ 4,000

2017/DA-00012 Shed $ 12,100

2017/DA-00013 Subdivision to create one additional lot $ 0

2017/DA-00014 Change of Use Storage room to secondary dwelling $ 9,900

2017/DA-00015 Change of Use to Health Consulting Rooms, building alterations $

2017/DA-00016 Shed $ 57,255

2017/DA-00017 Dwelling $ 339,000

2017/DA-00018 Campsites (x 3) for RV’s $ 3,000

2017/DA-00019 Dwelling Alterations and Additions $ 40,000

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2017/DA-00020 Change of Use (Gallery to Office) and A-Frame Advertising Signage $ 0

2017/DA-00021 Secondary Dwelling $ 15,000

No of Applications: 14

Total Value $ 656,255

A Development Application Summary table as shown in Attachment A to this report, details historical and current data of the applications determined with average processing times.

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BUDGET IMPLICATIONS The outlined works are within the current annual operating plan or subject to flood damage applications SUSTAINABILITY ASSESSMENT All economic, environmental and social impacts are managed on a project by project basic. ENGAGEMENT The Bellingen Shire Council Community Engagement Strategy was adopted by Council at its Meeting 22 February 2012. This strategy is designed to outline the approach Bellingen Shire takes towards engaging with our community. Having regards to the Community Engagement Strategy it is considered that the actions/initiatives contained within this report are appropriately categorised as having a LEVEL 1 impact. (e.g. Level 1 – High Impact Shire wide). As this is a regular monthly information report, any specific engagement activities are highlighted in the body of the report.

ATTACHMENTS 10.4.A DA Determinations for Month of February 2017

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Item: 10.5

Subject: NOTICE OF MOTION: CHANGING OF ROAD NAME - SHEPHERDS ROAD TO SHEPHARD'S ROAD - CR JENKINS

File/Index: Councillor / Notice of Motion

Presented by: Matt Fanning, Deputy General Manager Operations

MOTION That Council approve changing the name of the misspelt ‘Shepherds Road’, to its original and correct spelling of ‘Shephard’s Road’.

SUPPORTING INFORMATION PROVIDED BY COUNCILLOR JENKINS Council is the road naming authority for roads with the Shire. I have been approached by numerous people, in my role as a Councillor on the Bellingen Shire Council, to support the correction of an incorrectly spelt road in the Bielsdown area, West Dorrigo. The road is currently ‘officially’ spelt as Shepherds Road, however, it should actually be ‘Shephard’s Road’. Requests and support to correct the spelling of this road name have come from descendants and relatives of the original Shephard settlers, the Dorrigo RSL, the Don Dorrigo and Guy Fawkes Historical Society, and members of the community. In 1904, William Alfred Shepard and his wife took up 245 acres of land in West Dorrigo and established a property which they called ‘Mizpah’. The road to and past the property subsequently became known as ‘Shephard’s Road’ and was clearly signposted as such for over half a century. It should be noted that during this time, the area was then within the Dorrigo Shire Council. Minutes of the Dorrigo Shire Council meetings, and media reports relating thereto, all record the correct spelling of the Shephard’s name. During World War 1, two of the Shephard’s sons enlisted in the 1st Australian Imperial Force (1st AIF), and served in Europe. Their eldest son, Clifton Shephard (174 Corporal, 33rd Infantry Battalion), was killed-in-action on 9 June 1917 (aged 20) whilst assaulting the Messines Ridge during the Battle of Messines. Clifton had previously been wounded in the abdomen by gunfire, however, recovered and returned to active service.

The Messines offensive in West Flanders, Belgium, was launched on 7 June and ‘was

designed to force the German enemy to withdraw from the main battlefront of Vimy –

Arras’. This Battle has particular historical significance for Australia as it included the

placement of 19 enormous mines in tunnels dug by Australian miners beneath the

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German front lines at ‘Hill 60’ (https://www.army.gov.au/our-history/history-in-focus/the-

battle-of-messines-1917).

The Shephard’s other son, Aubrey, enlisted late in the war, and served in Belgium. He

survived the war.

The road appeared early numerous editions of the Parish of Bligh, County of Fitzroy maps

as an unnamed road. In 1971, the Eleventh Edition of the subject map was released and

the name of the road was included in the Edition. Unfortunately though, the name of the

subject road was included incorrectly spelt as Shepherds, not Shephard’s. Whether this

was an error by Bellingen Shire Council staff, or staff at the Government Lands

Department has not been determined, however, this is now immaterial; the fact is the

name of the road has been spelt incorrectly.

The incorrect spelling of this road name though is more than just an unfortunate error, it is

disrespectful to the original settlers of the Dorrigo area after whom it was named, and

more importantly, their eldest son Clifton who gave the ultimate sacrifice for his country.

Relatives and descendants of the Shephard’s visiting the area in recent times have been

shocked and saddened to see the road name spelt incorrectly. Their approaches to

Council thus far to have the error corrected have met with negative results. Reference the

letter from Mr Matt Fanning, Deputy General Manager (Operations) in response to

previous requests to change the spelling of this road were published in the Bellingen Shire

Courier-Sun recently.

Dorrigo resident Ms Georgina Frogley regularly attends the Dorrigo Hospital as a

volunteer and assists with providing entertainment for the elderly. In 2016, she spent

quite a bit if time with an elderly gent by the name of Ray Woodland, a descendent of the

Shepard’s from ‘Mizpah’. Sadly, Mr Woodland passed away in May 2016 2016. Prior to

his death, Mr Woodland expressed his great sadness that the name of Shephard’s Road

had been misspelt, and that attempts to correct it had failed. Ms Frogley gave Mr

Woodland, in his dying days, an undertaking that she would do whatever she could to

have the spelling corrected. A copy of a letter provided by Ms Frogley is attached.

Recently, I visited properties along the subject road and spoke with a number of owners

and / or occupiers in order to gauge their perception in relation to changing the name of

the road they own property or live on. Overwhelmingly, owners and residents consulted

were all in full support of having the spelling of this roads name returned to its original and

correct spelling of Shephard’s Road.

Members of the Shephard family also settled in the Coffs Harbour area, and a road

named after them there was also similarly misspelt. Coffs Harbour City Council though,

immediately upon being informed of the error, corrected it.

It is interesting to note that there are currently two different spellings on Council’s official

signs along the subject road, namely; ‘Shepherds’ and ‘Shepards’.

Correcting the error this year (2017) would also have particular significance, as this year

represents the centenary (100 years) of when Cpl Clifton Shephard was killed-in-action.

A precis of Cpl Shephard’s service history, as is recorded at the Australian War Memorial,

is attached. (included in body of report)

https://www.army.gov.au/our-history/history-in-focus/the-battle-of-messines-1917

https://www.army.gov.au/our-history/history-in-focus/the-battle-of-messines-1917

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Also attached are:

photographs of Clifton Shephard, both as an individual and with members of the

33rd Infantry Battalion, - (Attachment A)

members of the 33rd Infantry Battalion on board His Majesty’s Australian

Transport (HMAT) Ship (A74) Marathon as it departed Sydney on 4 May 1916

Copy of the letter penned by Clifton Shephard to his mother three days before he

was killed-in-action – (Attachment B)

Copy of the letter by the Command Officer of the 33rd Battalion to Mrs Shephard

advising that Clifton has been killed-in-action. – (Attachment C)

Letter from Georgina Frogley re her promise to the late Ray Woodford to make

endeavours to have this error corrected – (Attachment D)

Letter of support from Bob Denner (Col. Ret.), Honorary Secretary, Dorrigo RSL. –

(Attachment E)

Photo provided courtesy of the Dorrigo RSL Photo provided by Georgina Frogley

from Don Dorrigo and Guy Fawkes Historical Museum records

All photographs provided with permission from Shephard family descendants. ACKNOWLEDGEMENTS:

The assistance of the following people is greatly appreciated and hereby acknowledged:

Alan Mason, Crown Lands, New South Wales Government, Sydney.

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Bob Denner, Dorrigo RSL

Georgina Frogley, Dorrigo

Juliet Godfrey, Shephard descendent.

Lisa Smith, Special Collections and Reference Officer, Maps, National Library of Australia,

Canberra.

Lynne Burke, Don Dorrigo and Guy Fawkes Historical Society, Dorrigo.

Copy of Notes compiled by Mrs. Gorrie, Dorrigo, Daughter of W.A & E.J. Shephard (n.d.)

The Shephard family came to Dorrigo in March 1904. Previous to this W.A. Shephard was

employed as a "hawker" travelling the Bellingen district, by Hammond & Wheatley.

A growing family of four decided him to move to the land as offering better prospects for a

living. He purchased land previously selected by Ted Edwards, who removed the cedar and

then left the selection. Ted lived later at Deer Vale.

On arrival by buggy, it rained constantly for six weeks. The home consisted of one small

room and a tent. I remember my mother telling of the struggle to keep the children in dry

clothes, as well as clean—as those days the boys wore tunic affairs with big white

embroidery collars (what she would have given for the jeans of to-day).

In 1908 - four years and two children later - the first school was opened about a mile from

our place, on land belonging to the Rowan family (later owned by Cecil Woodland ). The

first teacher was Charlie Jay. This school was destroyed by fire, on Black Friday 1915, when

so many homes in the Fernbrook area were burned. West Dorrigo was then without a

school until several years later, when one was built on Fred Hollingworth's farm about ½

mile from our home.

The Salvation Army - under Captain George Gibson - commenced in Dorrigo about 1919,

the meetings being held in "Doughy" White's Picture Theatre until a building in Hickory

Street was purchased and converted into the Salvation Army hall and used until its

demolition a few years ago.

In the very early days my father would often walk from home to North Dorrigo, a distance

of some ten miles, preach there and again at the Cork's home on the old showground (just

past the golf club) in the afternoon on his way home. He was also on the Methodist

preaching list on occasions. Later he ran a Sunday School in our home, attended by

children from Fernbrook and Dorrigo West.

In recognition of his work he was awarded, in 1925, the "Order of the Founder", the

highest honour bestowed by the Salvation Army on its members for special service. This

medal would be the equivalent of the V.C. in the regular army.

Before the butter factory was opened my father did contract fencing jobs, at which he

excelled, whilst mum milked the few cows and made her own butter and cheese. I

remember her telling how proud and rich she felt on the arrival of the very first cream

cheque, in about 1908. A few years later father began a stud Jersey herd known as

"Mizpah Jersey Stud".

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The eldest boy of the family, Clifton, enlisted in the First World War and was killed in

France in June 1917. The second boy, Aubrey, then enlisted, but too late to be involved in

any fighting. His war effort consisted of filling in the trenches in Belgium. He lives now at

Bald Hills, Brisbane.

About 1922 we moved from the original home to a new, larger house up the hill opposite

the cowbails, which had been built several years before. The yards of these were hand

paved by my father, a painstaking piece of architecture which saved puddling through the

Dorrigo mud.

After the Second World War the farm was divided between the two youngest boys, Bill

and Mick, the only ones of the family left at home. They farmed there for quite a few years

before selling the two small farms, Bill going to a banana plantation in Coffs Harbour and

Mick later to Sydney.

On leaving "Mizpah", father and mum built in town, in Kurrajong Street. My mother died a

few years later in 1948.

Father continued his work for the Salvation Army, in very good health, for several more

years, before giving it up on account of his age, and inability to drive his car. He was aged

84. I remember one of his favourite sayings - "I would rather wear out than rust out". This

he certainly did, dying when almost 86 years, in 1958.

The Shephard family now have only two members left in Dorrigo. "Mizpah" has passed

into other hands, leaving only the sign Shephards Road, where the road branches off from

South Dorrigo, to remind all that W.A. Shephard and family once lived at Dorrigo West.

The homestead has recently been renovated and repainted after years of neglect, and is

now owned by Gordon and Beatrice Keft, as their "country home".

William Alfred Shephard

Born: October 24th. 1872. Died: July 23rd. 1958.

Married:

Ellen Johanna Davis January 23rd. 1896.

Australian War Memorial Roll of Honour ( https://www.awm.gov.au/people/rolls/R1662460/ ):

Clifton Shephard

P07316.004

Service Number: 174

Rank: Corporal

Unit: 33rd Australian Infantry Battalion

Service: Australian Army

Conflict / Operation: First World War, 1914-1918

Conflict eligibility date: First World War, 1914-1921

https://www.awm.gov.au/people/rolls/R1662460/

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Date of death: 9 June 1917

Place of death: Belgium

Cause of death: Killed in action

Age at death: 20

Place of association: Dorrigo, New South Wales, Australia

Cemetery or memorial details: Toronto Avenue Cemetery, Ploegsteert, Wallonie, Belgium

Source: AWM145 Roll of Honour cards, 1914-1918 War, Army

Speech transcript 174 Corporal Clifton Shephard, 33rd Battalion

KIA 9 June 1917

Photograph: P07316.004

Story delivered 7 June 2015

Today we remember and pay tribute to Corporal Clifton Shepard, who was killed during the First

World War.

Clifton Shephard was born near Coffs Harbour in New South Wales and was working as a farm

labourer when the First World War began. He enlisted in December 1915, at the age of 19 with his

parents’ consent. After a period of training in Australia, he was sent overseas with the 33rd

Battalion, arriving in England in July 1916.

On arrival in the United Kingdom Shephard was promoted to lance corporal and, on

demonstrating his ability as a soldier, was promoted to corporal in February 1917.

In early May 1917 the 33rd Battalion were in the trenches in the Le Touquet sector in northern

France. The night after they took over the line, they experienced a raid by a party of Germans who

silently slipped into their trenches and were driven off with machine-gun and rifle fire. The next

few days were filled with trench maintenance and repair. Although fairly mundane work, any

labour in the trenches could be extremely dangerous, and during this period Shephard was

wounded by a gunshot to the abdomen. Although reported to be in a grave condition, he

recovered remarkably well, and re-joined his unit from hospital within weeks.

On 9 June 1917, just a month after his first wound received in the trenches, Shephard was again

hit when the 33rd Battalion was involved in the attack on Messines Ridge. After a heavy artillery

barrage lasting three days, the Allies blew up 19 mines under the German positions on the ridge.

Following the explosion of the mine in their sector, the men of the 33rd Battalion “moved forward

without the slightest hesitation”. Corporal Clifton Shephard was one of 79 Other Ranks of the 33rd

Battalion killed in action on that day. While specific details of Shephard’s death are not recorded,

the war diary of the battalion notes that “nearly all of the casualties were caused by shells”.

Clifton Shephard is buried in Toronto Avenue Cemetery in Belgium, with 78 other Australians who

died in the battle of Messines. He was 20 years old.

His name is listed on the Roll of Honour on my right, along with more than 60,000 others from the

First World War, and his photograph is displayed today beside the Pool of Reflection.

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This is but one of the many stories of service and sacrifice told here at the Australian War

Memorial. We now remember Corporal Clifton Shephard, and all those Australians who have given

their lives in the service of our nation.

Dr Meleah Hampton

Historian, Military History Section

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COUNCIL OFFICERS COMMENT – General Manager Section 240(2) of the NSW Local Government (General) Regulation as provided below outlines that matters which are considered unlawful by the General Manager must not be included in the business paper of council.

LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 240

Agenda and business papers for council meetings

240 Agenda and business papers for council meetings

(2) The general manager must not include in the agenda for a meeting of the council any business of which due notice has been given if, in the opinion of the general manager, the business is (or the implementation of the business would be) unlawful. The general manager must report (without giving details of the item of business) any such exclusion to the next meeting of the council. In this context advice was sought from

1 The NSW Office of Local Government in terms of the issue of unlawful. It is considered that the motion as presented is unlawful as it is inconsistent with relevant legislation.

2 The Deputy General Manager Operations as to the legislative process relative to road naming, given the issue, which is considered to have merit, to determine if there was a lawful means to provide council with the opportunity to address the issue at hand if it was so inclined.

The legislative process is outlined below, along with a proposed mechanism that Council could follow if it was so inclined in order to progress the issue, noting that correspondence has previously been provided to members of the community by Councils Operations Division outlining the legislative process and steps that would be required. Future Notices of Motion which “in the opinion of the general manager, the business is (or the implementation of the business would be) unlawful’ will not be included in the agenda. COUNCIL OFFICERS COMMENT – Deputy General Manager Operations BACKGROUND The naming of roads in NSW is administered by the Geographical Names Boads (GNB). The Bellingen Shire Council is the road naming authority for all roads within its Local Government Area. A detailed explanation of the process is outlined below for the information of the Council. For road naming (addressing) purposes the Local Government Authority is responsible for endorsing the official road name and referring it to the GNB for gazettal and approval.

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Road Naming Road naming authorities must adhere to the procedures outlined in the NSW Road Regulation 2008 when naming a public or private road.

The regulations have often been interpreted in different ways and after consultation with local government authorities the GNB identified the need for a clearer road naming process. Suggestions include reducing reliance on paper based correspondence and better utilising communication technologies to improve flexibility in allowing authorities to notify or be informed of road name additions and changes.

The GNB has collaborated with the Comprehensive Property Addressing System (CPAS) Program to develop a Road Naming Policy for NSW to standardise the process and ensure a consistent approach to road naming.

In NSW, the Geographical Names Board (GNB) must be notified of all road naming proposals. The Surveyor General and/or the Registrar General can also object to any road naming proposal.

If road names are not officially and correctly recorded, this can impede the delivery of emergency and other services to residents and businesses.

The naming of roads in NSW is standardised to ensure that the process is transparent and easy to understand for regulatory bodies and members of the community. A consistent approach to road naming benefits emergency services, transport and goods and service delivery and provides opportunities for community consultation when determining road names. An extract from the relevant legislation is provided herunder:

Roads Act The Roads Act 1993 provides the Council the Authority to name or rename public roads.

Roads Act 1993 – SECT 162 Current version for 6 January 2017 to date (accessed 14 March 2017 at 04:30) Part 10 Division 4 Section 162

162 Naming of public roads

(1) A roads authority may name and number all public roads for which it is the roads authority. (2) RMS may name and number all classified roads. (3) Neither a roads authority nor RMS may name a public road, or alter the name of a public road, unless it has given the Geographical Names Board at least one month’s notice of the proposed name.

In addition to this requirement the GNB requires the following process to be undertaken:

1 Roads Regulation 2008 The Roads Regulation 2008 outlines the process Roads Authorities must follow when naming public roads in NSW.

http://www.legislation.nsw.gov.au/#/view/regulation/2008/156/part2?

http://www.legislation.nsw.gov.au/#/view/regulation/2008/156/part2/div2?

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2 The Council in order to propose a road name change must perform the following tasks which are outlined within the legislation reproduced below

Roads Regulation 2008 Current version for 11 November 2016 to date (accessed 14 March 2017 at 04:26) Part 2 Division 2 Clause 7 7 Notice to be given of proposed name

(1) A roads authority that proposes to name or rename a road:

(a) must publish notice of its proposal in a local newspaper, and (b) must serve notice of its proposal on the following persons or bodies:

(i) Australia Post, (ii) the Registrar-General, (iii) the Surveyor-General, (iv) the Chief Executive of the Ambulance Service of NSW, (v) New South Wales Fire Brigades, (vi) the NSW Rural Fire Service, (vii) the NSW Police Force, (viii) the State Emergency Service, (ix) the New South Wales Volunteer Rescue Association Incorporated, (x) in the case of a classified road—RMS.

(2) The notice must state that written submissions on the proposed name may be made to the roads authority and must specify the address to which, and the date by which, any such submissions should be made.

In addition,any person may make written submissions to the roads authority on its proposal to name or rename a road.

3 The results of this consultation phase must then be placed before the Council for consideration as to whether to proceed with the Notification of a new name. This is specified in section 9 of the Roads Regulation 2008 as provided below:

Roads Regulation 2008 Current version for 11 November 2016 to date (accessed 14 March 2017 at 04:30) Part 2 Division 2 Clause 9 9 Notice to be given of new name

If, after considering any submissions duly made to it, the roads authority decides to proceed with the proposed name, the roads authority: (a) must publish notice of the new name in the Gazette and in a local newspaper, giving (in the case of a road that is being named for the first time) a brief description of the location of the road, and





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(b) must inform the following persons or bodies of the new name, giving sufficient particulars to enable the road to be identified:

(i) Australia Post, (ii) the Registrar-General, (iii) the Surveyor-General, (iv) the Chief Executive of the Ambulance Service of NSW, (v) New South Wales Fire Brigades, (vi) the NSW Rural Fire Service, (vii) the NSW Police Force, (viii) the State Emergency Service, (ix) the New South Wales Volunteer Rescue Association Incorporated, (x) in the case of a classified road—RMS.

4 Should any objections be received by a government authority then Ministerial approval will need to be sought in accordcance with the relevant legislation which is provided below: Roads Regulation 2008 Current version for 11 November 2016 to date (accessed 14 March 2017 at 04:38) Part 2 Division 2 Clause 10 10 Minister’s approval required in certain cases

(1) A roads authority may not proceed with a proposal to name or rename a road against an objection made by any of the following persons or bodies except with the approval of the Minister:

(a) Australia Post, (b) the Registrar-General, (c) the Surveyor-General, (d) the Chief Executive of the Ambulance Service of NSW, (e) New South Wales Fire Brigades, (f) the NSW Rural Fire Service, (g) the NSW Police Force, (h) the State Emergency Service, (i) the New South Wales Volunteer Rescue Association Incorporated, (j) in the case of a classified road—RMS.

(2) This clause does not apply if the Minister is the roads authority concerned.

SUMMARY The proposed motion presented by Cr Jenkins, specifically “That Council approve changing the name of the misspelt ‘Shepherds Road’, to its original and correct spelling of ‘Shephard’s Road’ is considered unlawful as it does not have regard to the relevant legislation and processes inherent to that legislation including community and stakeholder engagement as outlined in the foregoing commentary. In order for the Council to consider the renaming of Shepherds Road to Shephard’s Road the Council must perform the following Steps:



AGENDA


Item 10.5

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1. Council determine whether it wishes to exhibit the proposed renaming of Shepherds Road to Shephard’s Road?

Council as part of its fees and charges has a road naming/re-naming fee in its fees and charges which is currently $ 770. This fee applies where external applications are received.

2. Community Consultation Notification and Exhibition

a. Advertising the proposed renaming in a local newspaper seeking written

submissions (minimum notice period of 21 day would be required).

b. Serve notice of its proposal on the following persons or bodies seeking written submissions

(i) Australia Post, (ii) the Registrar-General, (iii) the Surveyor-General, (iv) the Chief Executive of the Ambulance Service of NSW, (v) New South Wales Fire Brigades, (vi) the NSW Rural Fire Service, (vii) the NSW Police Force, (viii) the State Emergency Service, (ix) the New South Wales Volunteer Rescue Association Incorporated,

3. Council Report and Consideration

The results of this consultation (exhibition) phase will then be required to be placed before the Council for consideration as to whether to proceed with the Notification of a new name. Should any objections be received from a person or bodies listed in clause 10 part 1 of the Roads Regulation 2008 then the Council will need to refer its recommendation for Ministerial Approval.

4. Notification of new Name if successfully considered by the Council

Should the Council consider the renaming favourably then notification under clause 9 of the Roads Regulation 2008 will need to be provided by:

Publishing a notice of the new name in the Gazette and in a local newspaper, and informing the persons or bodies listed below of the new name, giving sufficient particulars to enable the road to be identified:

(i) Australia Post, (ii) the Registrar-General, (iii) the Surveyor-General, (iv) the Chief Executive of the Ambulance Service of NSW, (v) New South Wales Fire Brigades, (vi) the NSW Rural Fire Service, (vii) the NSW Police Force, (viii) the State Emergency Service, (ix) the New South Wales Volunteer Rescue Association Incorporated, (x) Roads and Maritime Services

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The GNB required 1 month notification prior to signage being changed. It is respectfully suggested that should the Council wish to commence the renaming process of Shepherds Road to Shephard’s Road that Council would need to take the following actions 1. respectfully support the renaming of Shepherds Road, Dorrigo to Shepard’s Road,

Dorrigo, and 2. under Part 2 Division 2 Clause 7-1(a) of the Road Regulation 2008 provide notification

by placing on public exhibition through the local newspaper for a period of 21 days this proposed road renaming seeking written submissions

3. under Part 2 Division 2 Clause 7-1(b) of the Road Regulation 2008 provide notification to Australia Post, the Registrar-General, the Surveyor-General, the Chief Executive of the Ambulance Services of NSW, New South Wales Fire Brigades, the NSW Rural ire Service, the NSW Police Force, the State Emergency Service, and the New South Wales Volunteer Rescue Association Incorporated, seeking written submissions regarding the proposed road renaming.

4. write to all residents which have addresses on Shepherds Road seeking written submissions regarding the proposed name change.

5. receive a further report following the exhibition period to consider any submissions received and form its final position regarding the renaming of Shepherds Road to Shephard’s Road.

ATTACHMENTS 10.5.A 33rd Infantry Battalion Photo including Clifton Shephard 10.5.B Clifton Shephard's Last Letter 10.5.C Letter re Clifton Shephard's Death 10.5.D Letter from Georgina Frogley 10.5.E Letter of Support - Dorrigo RSL

AGENDA


11 CONFIDENTIAL MATTERS

Nil

agenda for the ordinary council meeting · agenda ordinary council 22/03/2017 item 7.2 page 8 g...

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