bellingen shire council · bellingen shire council – minutes - ordinary meeting of council 18...

Our Vision:

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M I N U T E S

Ordinary Meeting

Wednesday 18 December, 2013

Bellingen Council Chambers

Commencing 9.00 am

BELLINGEN SHIRE COUNCIL – MINUTES - ORDINARY MEETING OF COUNCIL 18 DECEMBER, 2013

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MINUTES: Ordinary Meeting of Council held in the Council Chambers, Bellingen on Wednesday 18 December 2013 commencing at 9.00am. PRESENT: Councillors Garry Carter, Steve Klipin, Gordon Manning, Desmae Harrison, David Scott and Mark Troy (Mayor).

IN ATTENDANCE: Liz Jeremy, General Manager, Michelle McFadyen, Deputy General Manager Corporate and Community, Stephen Taylor, Deputy General Manager Operations and Symone Williams.

1. APOLOGIES

2. DECLARATION OF INTEREST

NIL 3. CONFIRMATION OF MINUTES

4. MATTERS ARISING

NIL

03.018/13

RESOLVED (Cr Klipin/Cr Carter) That the Minutes of the Ordinary Meeting held on 27 November 2013 be confirmed. UNANIMOUS 03.019/13

RESOLVED (Cr Klipin/Cr Carter) That the Minutes of the Extraordinary Meeting held on 4 December 2013 be confirmed. UNANIMOUS

01.008/13

RESOLVED (Cr Klipin/Cr Scott) That an apology be received from Cr Dominic King. UNANIMOUS


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A G E N D A

1 APOLOGIES

2 DECLARATION OF PECUNIARY AND NON-PECUNIARY INTEREST

3 MINUTES

Ordinary Meeting 27 November, 2013

Extraordinary Meeting 4 December, 2013

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

8.2 DEVELOPMENT APPLICATION NO. 2013/DA–00074. PROPOSED 45 METRE GREENFIELD MONOPOLE, ROAD

RESERVE ADJACENT TO LOT 24 DP 816227, FERNMOUNT NSW ..................................................................... 4 5 MAYORAL MINUTE ....................................................................................................... 5

6 NOTICE OF MOTIONS .................................................................................................. 5

7 REPORTS BY GENERAL MANAGER ........................................................................... 5

8 REPORTS BY DEPUTY GENERAL MANAGER OPERATIONS ................................... 6

8.1 ROAD NAMING PROPOSAL – IRONBARK PLACE, BELLINGEN .......................................................................... 6 8.2 DEVELOPMENT APPLICATION NO. 2013/DA–00074. PROPOSED 45 METRE GREENFIELD MONOPOLE, ROAD

RESERVE ADJACENT TO LOT 24 DP 816227, FERNMOUNT NSW ................................................................... 10 8.3 FLOODING PREPAREDNESS ........................................................................................................................... 38 8.4 PROPOSED ROAD CLOSURE – YELLOW ROCK ROAD - URUNGA .................................................................... 40

9 REPORTS BY DEPUTY GENERAL MANAGER CORPORATE AND COMMUNITY ... 46

9.1 UNREASONABLE COMPLAINANT CONDUCT POLICY ..................................................................................... 46 9.2 T111314MNC TENDER FOR THE MULCHING OF GREEN WASTE AND WOOD WASTE MATERIAL .................. 49

10 MINUTES FROM ADVISORY COMMITTEES .............................................................. 54

10.1 MINUTES – ECONOMIC AND BUSINESS DEVELOPMENT ADVISORY COMMITTEE – 13 NOVEMBER 2013 ..... 54 11 CORRESPONDENCE .................................................................................................. 59

12 AUTHORITY TO AFFIX THE COMMON SEAL OF COUNCIL FOR ITEMS NOT

INCLUDED IN REPORTS ............................................................................................ 59

13 ITEMS FOR INFORMATION ........................................................................................ 60

13.1 REPORT ON INVESTMENTS AS AT 30 NOVEMBER 2013 ............................................................................. 60 13.2 DEPUTY GENERAL MANAGER’S PROGRESS REPORT .................................................................................. 64

14 MATTERS OF AN URGENT NATURE ......................................................................... 70

15 QUESTIONS WITH NOTICE ........................................................................................ 70

16 COMMITTEE OF THE WHOLE .................................................................................... 70

17 REPORT ATTACHMENTS ........................................................................................... 71


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4 PUBLIC ACCESS/PRESENTATIONS 04.005/13

8.2 DEVELOPMENT APPLICATION NO. 2013/DA–00074. PROPOSED 45 METRE GREENFIELD MONOPOLE, ROAD RESERVE ADJACENT TO LOT 24 DP 816227, FERNMOUNT NSW

AGAINST: Mr Tynon Bradford addressed Council in opposition to the application. FOR: Mr Ian Scott addressed Council in support to the application. Mr Stuart Melville addressed Council in support to the application. Next item for business: 10.1

PROCEDURAL MOTION RESOLVED (Cr Klipin/Cr Scott) That an extension of time be granted for a further 5 minutes. UNANIMOUS

PROCEDURAL MOTION RESOLVED (Cr Klipin/Cr Carter) That an extension of time be granted for a further 5 minutes. UNANIMOUS

PROCEDURAL MOTION RESOLVED (Cr Scott/Cr Carter) That an extension of time be granted for a further 5 minutes. UNANIMOUS


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5 MAYORAL MINUTE

There are no Mayoral Minutes for this meeting.

6 NOTICE OF MOTIONS

There were no Notices of Motions received at the time of preparation of this Agenda.

7 REPORTS BY GENERAL MANAGER There are no reports from the General Manager.


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8 REPORTS BY DEPUTY GENERAL MANAGER OPERATIONS

8.1 ROAD NAMING PROPOSAL – IRONBARK PLACE, BELLINGEN

File/Index: Roads/Naming GA 39/Naming Proposal – Ironbark Place, L6542

Author: Barry Fenning, Land Information Officer

REPORT SUMMARY: Council is the road naming authority for local public roads in Bellingen Shire. The proposed name for one (1) new public road in the Bellingen Shire has been publicly exhibited and is recommended for adoption. REPORT DETAIL: An approved development application for the Subdivision of Lots 2 and 4 DP 818626 No 10 Figwood Drive, Bellingen into forty (40) Lots in two (2) Stages, required the construction and dedication of one (1) new road to Council. This road intersects with Figwood Drive. A location plan is shown below

The Applicant suggested one (1) name having reference to Council’s policy of early settlers or native plant species. The road name suggested was:

Ironbark Place


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An investigation was undertaken to see if this road name meets the principals as outlines in the Geographical Names Board (GNB) “New South Wales Roads Naming Policy”. Following these investigations the name was submitted to New South Wales Land and Property Information (LPI) which confirmed on behalf of the Geographical Names Board (GNB), Surveyor General (SG) and Registrar General (RG) that the name ‘Ironbark Place’ met the principals for NSW Roads Naming Policy and had no objection to its use. The proposed road name, Ironbark Place, was exhibited from Wednesday 23 October 2013 to Wednesday 13 November 2013 as detailed in the Engagement section of this report. No submissions were received. BUDGETARY IMPLICATIONS: There are no budgetary implications, as the developer will be responsible for the erection of the Street signage. SUSTAINABILITY ASSESSMENT: The adoption of Ironbark Place as a road name will contribute to the wellbeing of the community by allowing for the efficient delivery of services to the residence of the new road. ENGAGEMENT: Having regard to the community Engagement Strategy and Council’s statutory obligations it is considered the Road Naming proposal is categorised as having a lower impact Shire wide, with the following actions having occurred:

Inform Written Correspondence, mail out

Essential Corresponded with Applicant on progress of Road Naming, 6 September 2013, 16 September 2013, 18 October 2013; Corresponded with LPI 16 September 2013; Corresponded with Owner 18 October 2013

Notice / Advert in Local Paper

Desirable Placed advertisement in Courier Sun 23 October 2013

Web site – information / updates

Essential Displayed on Council Web Site during exhibition

Consult Letter / Media Promotion inviting Submissions

May be appropriate

Corresponded Australia Post, Australian Electoral Commission, Ambulance Service of NSW, NSW Fire and Rescue, NSW Police Force, NSW Volunteer Rescue Association, Optus, State Emergency Services, Telstra 23 October 2013 Corresponded with Council’s Engineers 23 October 2013

Public Exhibition May be appropriate

Placed on Exhibition from 23 October 2013 until 13 November 2013

Involve Meetings with key Stakeholders

Desirable Held phone conversion with Developers consultant over Council’s road naming requirements


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Actions proposed to occur following adoption by Council:

Inform Written Correspondence, mail out

Essential Letters to Applicant, Owner and required Agencies advising outcome of this Council Report

Notice / Advert in Local Paper

Desirable Place advertisement in Courier Sun and Government Gazette advising adoption of the Road Name

Web site – information / updates

Essential To be Displayed on Council Web Site

SHIRE OF BELLINGEN 2030 COMMUNITY VISION ALIGNMENT: This project/initiative aligns with the following strategic directions within the Shire of Bellingen 2030 Community Vision:

Community Wellbeing

“We are connected, safe and healthy with a strong sense of community”

Places for People

“We are connected and able to move around in a safe, accessible, affordable, healthy and environmentally friendly way.”

OFFICERS RECOMMENDATION: 1 That in accordance with Section 162 of the NSW Roads Act 1993, Council formally

adopts the road name “Ironbark Place” 2 That in accordance with Part 2 Division 2 of the NSW Roads (General) Regulation 2000,

Council give notice of the new name in the Government Gazette, local print media and advise LPI, Australia Post, Australian Electoral Commission, Chief Executive of the Ambulance Service of NSW, NSW Fire and Rescue, NSW Police Force, NSW Volunteer Rescue Association, Optus, Registrar General, Surveyor General, NSW Rural Fire Service, State Emergency Services and Telstra accordingly.

ATTACHMENTS: There are no attachments for this report. Report (DWS 405363)

08.037/13

RESOLVED (Cr Klipin/Cr Harrison) 1 That in accordance with Section 162 of the NSW Roads Act 1993, Council formally

adopts the road name “Ironbark Place” 2 That in accordance with Part 2 Division 2 of the NSW Roads (General) Regulation

2000, Council give notice of the new name in the Government Gazette, local print media and advise LPI, Australia Post, Australian Electoral Commission, Chief Executive of the Ambulance Service of NSW, NSW Fire and Rescue, NSW Police Force, NSW Volunteer Rescue Association, Optus, Registrar General, Surveyor General, NSW Rural Fire Service, State Emergency Services and Telstra accordingly.

UNANIMOUS


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PROCEDURAL MOTION RESOLVED (Cr Scott /Cr Troy) That Item number 8.2 be deferred for consideration until 9.30am. UNANIMOUS


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8.2 DEVELOPMENT APPLICATION NO. 2013/DA–00074. PROPOSED 45 METRE GREENFIELD MONOPOLE, ROAD RESERVE ADJACENT TO LOT 24 DP 816227, FERNMOUNT NSW

File/Index: 2013/AF-00097

Author: Matthew Hutchings, Senior Development Engineer

REPORT SUMMARY: This report provides an assessment of Development Application No. 2013/DA–00074 (the DA) for a proposed fixed wireless broadband facility at Fernmount, and makes a recommendation for the Council to approve the subject application. Section 79C of the NSW Environmental Planning and Assessment Act 1979 (EP & A Act) requires Council to take into consideration various matters when assessing a development application, including the likely impacts of the proposed development on the natural, built and social environments. The matters of relevance to the subject application are considered in this report. REPORT DETAIL: Application No: 2013/DA-00074 Proposal: 45 metre Greenfield monopole and associated equipment Subject Land: Lot 24 DP 816227, No. 4 Pulsford Place, and adjoining road

reserve, Fermount Applicant: NBN Co c/o Aurecon-Courtney Lansdown Consent Authority: Bellingen Shire Council Application Category: Local Development Zone: Zone E3 Environmental Management under the provisions of the

Bellingen Local Environmental Plan 2010 (BLEP) Locality Plan:

Proposed tower

Fernmount


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BACKGROUND: The DA was registered by Council on 31 May 2013 for the right to develop a 45 metre greenfield monopole and associated equipment on Road reserve adjacent to Lot 4 DP 816227, Fernmount, and for the right to maintain an asset protection zone within the road reserve and adjoining Lot 24 DP 816227, No. 4 Pulsford Place, Fernmount. The lease of the proposed development site as it pertains to the road was considered by Council at its Ordinary Meeting of 24 April 2013, where Council unanimously resolved:

(1) “That Council authorise the proposal to lease part of a road reserve adjacent to the western boundary of Lot 24 DP 816227 at Fernmount for a fixed wireless transmission tower and associated facilities and that the General Manager be authorized to negotiate the terms of the lease agreement.

(2) That the Council seal be attached to any licence documentation as required.” The plans considered by Council for the lease application are substantially the same plans that comprise the DA. No amendments have been made to the Overall Site Plan (and thereby the lease area) following Council’s abovementioned resolution, although the other plans have undergone minor revision between the lease application and the DA. The DA was advertised and notified pursuant to Chapter 11 of the Bellingen Shire Development Control Plan 2010 (DCP) and clause 89 of the EP & A Act for a period of 21 days from 12 June 2013 to 3 July 2013 inclusive. A total of eighteen (18) submissions were made in relation to the proposal during the statutory exhibition period. The DA was referred to the NSW Rural Fire Service under the provisions of section 79BA of the EP & A Act and comments received on 25 July 2013. Additional information was requested from the applicant on 7 June 2013 and responses received by Council on 5 November 2013 and 19 November 2013 respectively. The latter response was requisite evidence under the NSW Environmental Planning and Assessment Regulation 2000 that the owners of the land on which the development is to be carried out consent to the application. THE SITE The proposed development site is Lot 24 on Deposited Plan 816227, No. 4 Pulsford Place, Fernmount, and the road reserve adjacent to the western boundary of this land. The site is approximately 1.8 km southwest of the intersection of Waterfall Way and Hyde Street in Fernmount at an elevation of around 170 metres AHD. It is situated beside an existing unsealed and unnamed road on an elevated and forested ridge spur. The site is subject to Zone E3 Environmental Management and is situated approximately 600 m from the nearest residential zone comprising the settlement of Fernmount. The site is mapped as bush fire prone land on the Bellingen Shire Council Bush Fire Prone Land Map and is identified as “Sensitive land” on the “Natural Resources Sensitivity – Biodiversity Map”. The proposed tower is approximately 520 metres from the nearest residence. THE PROPOSAL Approval is sought for the development and use of a Fixed Wireless Base Station facility, comprising a 45 metre high monopole, radio transmission equipment and ancillary equipment including two outdoor cabinets enclosed within a secure compound measuring 10 metres by 6 metres.


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This NBN Fixed Wireless facility is proposed to: a) provide NBN Co fixed wireless broadband coverage to Fernmount and surrounds; and b) operate as a key transmission hub in the NBN network servicing the wider Bellingen

region. SECTION 79C (1) MATTERS FOR CONSIDERATION SECTION 79C (1) (a) (i) - ANY ENVIRONMENTAL PLANNING INSTRUMENT Bellingen Local Environmental Plan 2010:

Land Use Table The proposed development is for the purposes of a telecommunications facility as defined in the BLEP:

“telecommunications facility means:

(a) any part of the infrastructure of a telecommunications network, or (b) any line, cable, optical fibre, fibre access node, interconnect point equipment

apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

(c) any other thing used in or in connection with a telecommunications network.” According to the Land Use Table, development for the purposes of a telecommunications facility is prohibited within the Zone E3 Environmental Management. Although the land is subject to Zone E3 Environmental Management in pursuance to clause 2.2 of the BLEP, State Environmental Planning Policy (Infrastructure) 2007 (the Infrastructure SEPP) provides at clause 115 (1):

“that development for the purposes of telecommunications facilities “may be carried out by any person with consent on any land.”

This provides that the proposed development is permissible with development consent under the provisions of Part 4 of the EP & A Act despite the land use restrictions in the BLEP. Objectives of zone Clause 2.3 (2) of the BLEP requires the consent authority to “have regard to the objectives for development in a zone when determining a development application in respect of land within the zone”. The objectives for development within the Zone E3 Environmental Management are as follows:

• “To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

• To provide for a limited range of development that does not have an adverse effect on those values.”

The footprint of the proposed development is a compound of 60m2 in area plus a 10 metre asset protection zone measured horizontally from all points of the infrastructure (Note: That ‘infrastructure’ excludes road access to the site; power or other services to the site; and associated fencing). Within this development area the land is predominately cleared for road but also contains forest vegetation with disturbed understory. An ecological assessment was undertaken for the proposed development by Environmental Property Services Pty Ltd to determine the botanical and zoological significance of the proposed development site. The key findings of the Ecological Assessment Report were as follows:

“That the development site does not support an area of critical habitat as defined under the Threatened Species Conservation Act 1995;

That the development site has been previously disturbed;


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That the proposed development does not involve the clearing of any significant vegetation; and

That the removal of vegetation necessary to undertake the proposed development is unlikely to adversely impact any threatened species or Endangered Ecological Communities and requires no further analysis.”

As part of the due diligence requirements for the protection of Aboriginal sites and places in NSW, the DA contains an Aboriginal Heritage Information Management System (AHIMS) Web Services Search Result for the area of the proposed development. The results of the AHIMS Basic Search provided that AHIMS contains no information about Aboriginal sites or places in the area of the proposed development. For the purposes of due diligence associated with the development, an Extensive Search is not required and the AHIMS Basic Search Result may be relied on until 27 May 2014. There are no heritage items, conservation areas or archaeological sites shown on the Heritage Map and described in Schedule 5 of the BLEP either on or adjoining the development site. The proposed tower comprises a 45 metre high slimline monopole crowned with a circular turret head frame which adds to the overall height of the structure. The visual impacts of this proposal are assessed as follows:

The development is astride a ridge spur that ascends generally from the 70 metres contour in the northeast to Mount Lookout at 235 metres in the southwest and the Scotchman Range which runs generally east-west thereafter.

The ridge spur is a prominent ridge line and views to the site are expected from a 360 degree radius, including from the iconic tourist route Waterfall Way.

The proposed location of the development provides that it will be predominately visible from distance, which will minimise the obtruding character of the development.

The proposed development is a slimline pole with small antennas (1.18m long) to reduce structural bulk.

The immediate and wider landscape features forest communities which will aid in concealing a portion of the pole (around 60% of the structure) when viewed from a distance.

Having regard to the particulars provided above, it is considered that the proposed development does not have an adverse effect on special ecological, scientific or cultural values. The development will have an adverse effect on aesthetic values, but the development is designed and sited to minimise that impact. Furthermore, Council’s regard to the aesthetic impact must be balanced with other matters for consideration, including the public interest, in determining the development application. Height of Buildings In order to restrict the height of buildings in a manner that preserves the character and amenity of localities in the Bellingen Shire, clause 4.3 of the BLEP provides that “The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.” The maximum height shown for the land on the Height of Buildings Map is 10 metres. The proposed monopole is 45 metres in height and is crowned by a circular turret head frame which further contributes to the height of the structure. This exceeds the height of buildings development standard by in excess of 450%. The development may therefore only proceed in accordance with clause 4.6 ‘Exceptions to development standards’ of the BLEP.


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“Exceptions to development standards To provide flexibility in the application of development standards and to achieve better outcomes for and from development, development consent may be granted for development that contravenes the height of buildings development standard only where:

(1) the consent authority is satisfied that the applicant has demonstrated that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and that there are sufficient environmental planning grounds to justify contravening the development standard; and

(2) the proposed development will be in the public interest because it is consistent with both the objectives of the standard and the objectives of the zone; and

(3) the concurrence of the Director-General has been obtained.” A written request to contravene the 10m development standard was submitted by the applicant on 5 November 2013 as provided below.

“The development of the proposed NBN Co telecommunications monopole represents a positive development for the wider community, providing significantly improved access to broadband technology. Limits on height of buildings are created to ensure that unreasonable demand is not placed on public services, and that the unique character of Bellingen LGA is not impacted by development inconsistent with the immediate surroundings or that which is visually intrusive. NBN Co contend that the Height of Buildings restriction should not apply in this case as it is both unreasonable and unnecessary –

The monopole places no additional demand on local services or public space. It is unreasonable to place the proposed development in the same category as an excessively large residential complex or commercial premises which the Section 4.3 otherwise protects against.

The immediate and wider landscape features a dense coverage of large mature trees exceeding 30m in height, meaning that the character and visual amenity of the area will not be significantly impacted. It is unnecessary to maintain such a height restriction for a development of this type in this area. The development features very little bulk and will otherwise be unobtrusive.

The development of a structure consistent with Section 4.3 would render the structure infeasible from a technical point of view. The monopole must be larger than the surrounding tree height in order to connect to surrounding premises and to other fixed wireless towers in the wider area. The monopole at Fernmount is a critical hub site, allowing for several fixed wireless towers to connect to the network. It is unreasonable to demand that critical infrastructure such as the fixed wireless monopole be restricted to the Height of Buildings standard.”

“While being partially visible, the development will not be visually incompatible with the surrounding and wider character of the area. The area is characterised by large areas of remnant native forest and rural residential dwellings. Being a slim, vertical element in the visual landscape (unlike a large, visually intrusive residential, commercial or industrial development greater than 10m in height), the development will not detract from the character or amenity of the area. Previous experience with similar structures in comparable landscapes has demonstrated that they typically blend well in the visual landscape. NBN Co considers that in relation to the Fixed Wireless Facility at Fermount, while not consistent with the Height of Buildings standard, we have demonstrated that –


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a) Compliance with the development standard is unreasonable and unnecessary in the circumstances of the cases, b) There are sufficient environmental planning grounds to justify contravening the development standard, and c) The development is in the public interest as it is broadly consistent with the objectives of the standard and the zone.”

The written request provides that it would be unreasonable to apply a prescriptive 10m height limit to the proposed development having regard to the particular circumstances of the case; that the development is broadly consistent with the objectives of the zone and standard; and that there are sufficient planning grounds, including the public interest, to vary the development standard in this instance. The development of a telecommunications tower on a skyline is consistent with the broader landscape of the Shire and the various inflections on the land exerted by established communication facilities. Furthermore, section 5 (a) (iii) of the EP & A Act provides that it is an object of the Act to encourage “the protection, provision and co-ordination of communication and utility services.” The proposed development furthers this object of the Act and thereby strengthens the environmental planning grounds necessary to justify contravening the BLEP development standard. Council has assumed concurrence for the proposed exception to the height of buildings development standard in pursuance to Department of Planning circular PS08-003. Infrastructure development and use of existing buildings of the Crown Clause 5.12 of the BLEP provides that the “Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.” This clause is not applicable to the proposed development as the proponent is not a public authority (note that the National Broadband Companies Act 2011 provides at section 95 that NBN Co is not a public authority). Earthworks The proposed development requires the conduct of earthworks, having particular regard to the proposed NBN monopole foundation. The earthworks are on previously disturbed land within the road reserve, are ancillary to the development of the tower, and ought to have minimal environmental impact. A condition of development consent is recommended to address the requisite earthworks and to minimise the occurrence of erosion and siltation resulting from the excavations. Biodiversity The development site is identified as “Sensitive land” on the Natural Resources Sensitivity – Biodiversity Map. Council must therefore consider the impact from the proposed development on:

(a) native ecological communities; (b) the habitat of any threatened species, populations or ecological community; (c) regionally significant species of fauna and flora or habitat; and (d) habitat elements providing connectivity.

Vegetation in the vicinity of the proposed development consists of shrubby dry sclerophyll forest. According to the ecological assessment undertaken by Environmental Property Services Pty Ltd, the development site:

“does not form part of an endangered ecological community;

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Depi%20AND%20Year%3D2007%20AND%20No%3D641&nohits=y


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does not support an area of critical habitat as defined under the Threatened Species Conservation Act 1995; and

does not provide habitat for threatened species under the NSW Native Vegetation Act 2003.”

The ecological assessment further provides that “No fauna habitat features such as hollow-bearing trees will be removed for the proposal and it is unlikely that the very small area of vegetation removal would impact upon habitat connectivity or fauna movement within the study area.” The recommendation to this report seeks to minimise the impact of the development on existing vegetation by limiting clearing to the minimum extent necessary to undertake the development, and prioritising lopping over removal. The proposed clearing constitutes Routine Agricultural Management Activities pursuant to clause 36 of the NSW Native Vegetation Regulation 2013 and does not require an authorisation from the Catchment Management Authority:

“The construction, operation and maintenance of telecommunications infrastructure are routine agricultural management activities.”

State Environmental Planning Policy (Infrastructure) 2007 As previously provided, the Infrastructure SEPP provides at clause 115 (1) that development for the purposes of telecommunications facilities “may be carried out by any person with consent on any land.” This provides that the proposed development is permissible with development consent under the provisions of Part 4 of the EP & A Act despite the land use restrictions in the BLEP. Clause 115 (3) of the Infrastructure SEPP provides:

“Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines concerning site selection, design, construction or operating principles for telecommunications facilities that are issued by the Director-General for the purposes of this clause and published in the Gazette.”

The relevant guideline issued by the Director-General is the NSW Department of Planning’s Telecommunications Facilities Guideline Including Broadband, July 2010. This Guideline contains a number of principles that inform the design, siting, construction and operation of telecommunications facilities in NSW. The principles are considered in the Statement of Environmental Effects and are addressed below. Principle 1: A telecommunications facility is to be designed and sited to minimise visual impact. Comment

No existing buildings or structures suitable for co-location or co-siting were recognised by NBN Co. in the Fernmount locality. As such, the development application seeks approval for the development of a greenfield (undeveloped) site. The visual impacts of the proposed development are considered earlier in this report and in response to submissions made during the public exhibition and notification process. A condition of development consent is recommended to address the restoration of the land at the conclusion of the life-cycle of the development.


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Principle 2: Telecommunications facilities should be co-located wherever practical. Comment

According to the Statement of Environmental Effects, “There are currently no existing carrier telecommunications facilities located in the vicinity, with the required position and/or height and/or structural suitability that are potentially capable of providing the wireless radio services to the locality on which the proposed equipment can be co-located.” Principle 3: Health standards for exposure to radio emissions will be met. Comment

The development application is accompanied by an electromagnetic energy environmental report which calculates electromagnetic energy (EME) exposure levels from the site in accordance with the Australian Radiation Protection and Nuclear Safety Agency format. The report provides that, in an assumed near worst-case scenario, “The maximum cumulative EME level at 1.5 m above ground level is estimated to be 0.055 % of the ARPANSA public exposure limits.” To ensure that the facility is designed, installed and operated so that the maximum human exposure levels to radiofrequency emissions comply with the Radiation Protection Standard proposed condition 22 of development consent is recommended. Principle 4: Minimise disturbance and risk, and maximise compliance. Comment

Civil Aviation Regulation requirements are considered in this report under Hazards issues and addressed through a recommended condition of consent.

The potential for the development to obstruct the road network is recommended by Council’s Asset Management and Design Staff to be addressed through the NSW Roads Act 1993 consent for the conduct of works, and advanced signage for the life of the development.

The NBN fixed wireless broadband network operates exclusively on a specific frequency band, thereby ensuring that emissions from NBN Co equipment within the frequency band will not cause interference with other radio based systems. Spurious signals outside the frequency allocations are proposed to be filtered in accordance with the Australian Communications and Media Authority (ACMA) Commonwealth specifications.

The development is proposed to comply with the requirements of all relevant Australian Standards and relevant manufacturer specifications.

Stormwater, sedimentation controls, hours of construction and vegetation management are recommended to be addressed via suitable conditions of development consent.

State Environmental Planning Policy No 44 - Koala Habitat Protection State Environmental Planning Policy No 44-Koala Habitat Protection provides that Council must satisfy itself as to whether or not the land is potential koala habitat prior to granting development consent through the consideration of an assessment “from a person who is qualified and experienced in tree identification.” Potential koala habitat for the purposes of the Policy “means areas of native vegetation where the trees of the types listed in Schedule 2 constitute at least 15% of the total number of trees in the upper or lower strata of the tree component.” Schedule 2 lists 10 feed tree species, comprising Forest red gum, Tallowwood, Grey Gum, Ribbon or manna gum, River red gum, Broad leaved scribbly gum, Scribbly gum, White box, Brimble box or poplar box, and Swamp mahogany. The Ecological Assessment Report prepared by Environmental Property Services provides that “No habitat for threatened species under the TSC Act occurred within the subject site.” The koala is a listed species under the


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NSW Threatened Species Conservation Act 1995 and Council may be satisfied that the land the subject of the proposed development is not potential koala habitat accordingly. SECTION 79C (1) (a) (ii) - ANY PROPOSED ENVIRONMENTAL PLANNING INSTRUMENT There are no proposed instruments that are or have been the subject of public consultation under the EP & A Act that have been notified to the consent authority or otherwise directed by the Director-General. As such this section is not relevant to Council’s assessment of the DA. SECTION 79C (1) (a) (iii) – ANY DEVELOPMENT CONTROL PLAN The Bellingen Shire Development Control Plan 2010 (DCP) applies to the land. The DCP contains a series of chapters, with each chapter dealing with a different aspect of development within the Shire. The following chapters are discussed as relevant to the proposed development. Chapter 5 – Car parking and Vehicular Access Schedule 5.1 of the DCP provides for the provision of on-site car parking in association with development. Development for the purposes of a Telecommunications Facility is not prescribed under Schedule 5.1 and is further addressed in this report under section 79C (1) (b) below. Chapter 11 – Advertising and Notification of Development Applications The DA was advertised and notified pursuant to Chapter 11 of the DCP and clause 89 of the NSW Environmental Planning and Assessment Regulation 2000 for a period of 21 days from 12 June 2013 to 3 July 2013 inclusive. A total of eighteen (18) submissions were made in relation to the proposal during this period. Clause 11.6.7 of the DCP provides that development applications shall be referred to a Council Meeting for determination where six (6) or more independent objections are received in response to a DA. Seventeen (17) of the submissions received contain grounds of objection to the proposed development. As such, the DA is to be determined by the elected Council. The submissions received during the exhibition period are considered in this report under the heading Section 79C (1) (d) – Any submissions made in accordance with this Act or the Regulations provided below. Chapter 16 – Site Waste Minimisation and Management Development consent is required for the construction of a structure and the provisions of this Chapter apply to the proposed development. A Site Waste Minimisation and Management Plan is required to be prepared by the proponent to meet the aims of the Chapter. This requirement is recommended to be addressed as a condition of development consent. SECTION 79C (1) (a) (iiia) – ANY PLANNING OR DRAFT PLANNING AGREEMENT No planning agreement has been entered into or offered to be entered into under section 93F of the EP & A Act for the land the subject of the DA. Accordingly this section is not relevant to Council’s assessment of the development. SECTION 79C (1) (a) (iv) – THE REGULATIONS There are no relevant matters prescribed under Part 6 Division 8 of the NSW Environmental Planning and Assessment Regulation 2000 for the purposes of this DA. SECTION 79C (1) (a) (v) – ANY COASTAL ZONE MANAGEMENT PLAN The proposed development is not situated on land that is subject to a coastal zone management plan within the meaning of the NSW Coastal Protection Act 1979.


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SECTION 79C (1) (b) – THE LIKELY IMPACTS OF THAT DEVELOPMENT Traffic and road issues The location of the proposed development within the road reserve was considered by Council at the Ordinary Meeting of 24 April 2013, where it resolved:

“(1) That Council authorise the proposal to lease part of a road reserve adjacent to the western boundary of Lot 24 DP 816227 at Fernmount for a fixed wireless transmission tower and associated facilities and that the General Manager be authorized to negotiate the terms of the lease agreement.

(2) That the Council seal be attached to any licence documentation as required.” The proposed telecommunications facility is to be situated to the east of the constructed road and will not impede traffic over the constructed thoroughfare. The development will generate construction traffic which may be controlled under the provisions of the NSW Roads Act 1993 to ensure that access along the road is maintained or otherwise managed during this phase of the development. After the construction period the development will continue to generate traffic associated with the maintenance of the structure. Four (4) scheduled maintenance inspections are estimated per year and provision should be made for the parking of a maintenance vehicle in conjunction with the telecommunications facility. A condition of development consent is recommended to provide and maintain a maintenance vehicle parking bay within the road reserve and within the required 10m bushfire Asset Protection Zone (APZ). Access to the development site is described on the Overall Site Plan, Drawing No. 2BLG-51-04-FRN-C2, Revision A, prepared by Aurecon Pty Ltd on 23 May 2013, as being via a combination of the constructed track within the road reserve and a separate parallel track on the adjoining Lots 416 and 417 DP 755557. The use of the site access road for the extent of its encroachment onto Lots 416 and 417 DP 755557 is bereft of the requisite land owner’s consent and this component of the DA is not recommended to be endorsed (Note: That Aurecon Australia Pty Ltd advised Council on 4 July 2013 that access to the site is intended to be via the existing road and not the adjoining freehold land). Comments on the proposed development by Council’s Asset Management and Design staff provide that there is a “very low intensification of traffic as a result of this development.” Accordingly no works are recommended to upgrade the existing road network. Soils and geological issues Erosion and sediment control measures for the construction phase of the telecommunications facility will be detailed in an application for a construction certificate. In addition, contractors will be required to comply with the NBN Construction Specification which mandates the provision of erosion and sediment controls necessary to protect the surrounding environment. The proposed 10m APZ is on variable slopes primarily estimated at between 9 and 15 degrees, although the eastern side of the APZ will be on a slope that exceeds 18 degrees. There are several mitigating circumstances that reduce the likelihood of landslip or erosion associated with the establishment and ongoing maintenance of this APZ as follows:

the proposed APZ covers a relatively small area;

APZ vegetation is proposed to be managed as opposed to removed;

any siltation and runoff will be captured by the high capacity of adjacent down-slope vegetation to arrest erosion via its characteristic shrubby understorey and dense litter accumulation; and


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APZ maintenance is proposed to be undertaken by means of hand slashing rather than vehicle use.

Water issues The nearest instances of watercourses to the development site, as mapped on the 1:25,000 scale topographic map series, are the origins of Strahler order 1 streams at a distance of approximately 90 metres to the east and west of the telecommunications facility. Potential sources of water pollution are considered to arise during the construction phase of the development and in the ongoing management of a 10m APZ. Both of these issues are discussed under soils and geological issues above. Noise and vibration issues According to the Statement of Environmental Effects accompanying the DA, noise and vibration emissions associated with the proposed facility will be limited to the construction phase. Noise emissions from construction works and ongoing asset maintenance operations are adequately controlled by the provisions of the NSW Protection of the Environment Operations Act 1997 and the NSW Protection of the Environment Operations (Noise Control) Regulation 2008. Flora and fauna issues The proposed development is not expected to have any adverse impacts on significant flora or fauna species as discussed earlier in this report and detailed in the Ecological Assessment Report accompanying the DA. Heritage issues The proposed development is not considered to exert any adverse effect on environmental heritage. As provided previously, the DA contains an AHIMS Web Services Search Result for the area of the proposed development which provides that there is no recorded information about Aboriginal sites or places in the area of the proposed development. Additionally, there are no heritage items, conservation areas or archaeological sites shown on the Heritage Map and described in Schedule 5 of the BLEP either on or adjoining the development site. Visual issues Visual impacts are discussed in this report in response to the BLEP provisions controlling the height of buildings and exceptions to development standards. Coastal issues The proposed development is not undertaken within the coastal zone and there are no coastal issues relevant to the DA accordingly. Hazards issues The proposed development is on bush fire prone land and is subject to the provisions of section 79BA of the EP & A Act. This section provides that “development consent cannot be granted for the carrying out of development for any purpose on bush fire prone land unless the consent authority … is satisfied that the development conforms to the specifications and requirements of the document entitled Planning for Bush Fire Protection.” The proposed development was referred to the NSW Rural Fire Service for assessment against the provisions of NSW Planning for Bush Fire Protection 2006. A response was received on 25 July 2013 recommending the imposition of conditions of consent that ensure:

“adherence to plans;

the development and maintenance of a 10 metre APZ;

the imposition of an easement on Lot 24 DP 816227 for the right to maintain an APZ on that land; and

the construction and design is capable of withstanding the potential impacts of bush fire attack.”

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1997%20AND%20no%3D156&nohits=y

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dsubordleg%20AND%20Year%3D2008%20AND%20No%3D40&nohits=y


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The recommended conditions are provided in full under the Engagement heading below and also reflected in the recommendations to this report. The development is a tall structure projecting into airspace and could present a hazard to aircraft safety. On this matter, section 9.4 of the Australian Government’s Manual of Standards Part 139-Aerodromes provides that, under the Civil Aviation Regulations, Civil Aviation Safety Authority (CASA) may determine that an object which intrudes into navigatable airspace (generally objects more than 110 metres above ground level situated outside the obstacle limitation surfaces of an aerodrome) is required to be provided with obstacle lighting. The proposed monopole and turret head frame is in excess of 45 metres in height and substantially below the general 110 metres standard. The discretion on this matter rests with CASA. Section 9.4.1.1 of the Manual of Standards Part 139-Aerodromes provides that the responsibility for the provision and maintenance of obstacle lighting on a structure rests with the owner of the structure. In additional to any potential lighting requirements, structures that are 30 metres or more above ground level (within 30 kilometres of an aerodrome), and 45 metres or more above ground level elsewhere, are required to be registered in a database maintained by the RAAF AIS in accordance with the Advisory Circular 139-08(0) entitled Reporting of Tall Structures as issued by the CASA in 2005. According to the Statement of Environmental Effects, there is no Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority Australia to which the proposed development must comply. Health issues Concerns have been raised in nine (9) of the submissions received by Council during the public exhibition of the DA regarding health risks associated with radio frequency EME. The proponent has submitted a report (Appendix B of the Aurecon Planning Report) which provides estimated radio frequency EME levels for the development site. This report specifically addresses likely levels relative to exposure limits mandated by the Australian Communications and Media Authority (ACMA). Based on the results, the maximum cumulative EME level occurs at 201 metres from the development site and this level is measured as 0.055% of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) public exposure limit. These limits relate to “the thermal effect” where excess exposure would lead to adverse health effects associated with heating of part or all of the body. The submitted results indicate that there are no thermally based risks associated with the proposal. Of the nine (9) submissions, four (4) specifically raised concerns over non-thermal effects associated with radio frequency EME. In this regard, reliance is made on fact sheets published by the Australian Radiation Protection Agency (ARPA). The ARPA Fact Sheet No. 10 entitled “What about Broadcast towers – are there any health effects?” states that:

“Broadcast towers produce weak radio frequency EME exposure levels in the everyday environment. The weight of national and international scientific opinion is that there is no substantiated evidence that radio frequency EME emissions associated with living near a broadcast tower poses a health risk.”


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One (1) submission provided comments from a professor who has a publication regarding wireless communication. The professor provides that “scientific studies noticed long-term (non-thermal) adverse effects of GSM radiations at distances up to 300 m (or 400 m depending on the transmitter and terrain) from the base station,” and then asserts that, as the proposed tower is Long Term Evolution technology (i.e. 4G wireless technology), the transmitters are more powerful than GSM and the NBN Co measurements. This submission lacks detail to support the professor’s statement and therefore Council’s reliance should be based on more sound data. In this regard, ARPA Fact Sheet No. 1 entitled “Electromagnetic energy and its effects” addresses the precautionary principle and takes the following position:

“Throughout the world there has been a growing movement to adopt a precautionary approach. The World Health Organisation (WHO) defines the Precautionary Principle as a risk management concept that provides a flexible approach to identifying and managing possible adverse consequences to human health even when it has not been established that the activity or exposure constitutes harm to health. It is the WHO’s view that scientific assessments of risk and science-based exposure limits should not be undermined by the adoption of arbitrary cautionary approaches.”

The fact sheet also provides under the heading “How is scientific evidence substantiated?”

“The criteria that have to be satisfied for substantiating scientific evidence are:

a. the publication of research results in a reputable international scientific journal that includes peer review by appropriately qualified scientists and academics. This ensures that research conforms to high standards of scientific practice and that conclusions may reasonably be drawn from the work undertaken which take into account relevant considerations; and

b. the independent verification of research results. If a research result cannot be repeated by other independent researchers, doubts are raised about the original finding”.

In view of this position from the Australian Government there is insufficient grounds for Council to refuse the development based on the risks associated with radio frequency EME. Utility Services The electricity network is proposed to be extended to service the development from an existing power pole within Lot 24 on Deposited Plan 816227, as situated near the intersection of Pulsford and Mount Streets. The extended line is proposed to traverse private land (Lots 416 and 417 DP 755557) and the road reserve, crossing the constructed road in two instances, the first in proximity to Pulsford Street being overhead and the second instance being underground. In correspondence dated 14 June 2013 Council was notified in accordance with section 45 (4) of the Electricity Supply Act 1995 that electrical works are proposed to be carried out in accordance with the Overall Site Plan, Drawing No. 2BLG-51-04-FRN-C2, Revision A, prepared by Aurecon Pty Ltd on 23 May 2013 as follows:

“Install new HV cable approximately 680m in a trench along the dirt track close to the intersection of Pulsford Street and Mount Street. The new power cable will be outside of the normal footpath allocation along the said track going to the proposed NBN facility. In pursuit of avoiding vegetation clearing, the option of going overhead power supply was abandoned. In saying this, the underground cable will be placed as close as possible to the edge of the track but will vary to minimise bends and have a straighter trench. Cable markers are to be installed at regular intervals to alert any future excavation. “Close to the proposed NBN compound will be a pole with a transformer.”


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The supply of electricity to the development site is subject to the provisions of clause 41 (1) of Infrastructure SEPP which provides that “Development for the purpose of an electricity transmission or distribution network may be carried out by or on behalf of an electricity supply authority or public authority without consent on any land.” That is, the supply is subject to a separate process to the development application. Social and Economic issues The Statement of Environmental Effects provides:

“The proposed development will provide significantly enhanced fixed wireless broadband coverage to Fernmount and surrounds. This will be of particular benefit for residential dwellings in the locality and will help motivate new residents to move into the area. “The new National Broadband Network will provide the community with far greater access to high quality broadband services. Reliable broadband internet is important to ensure the economic growth of communities, and the facility is likely to have significant social and economic benefits for the local community. “The proposed roll out will be important in assisting local government areas such as Bellingen in achieving the visions and aims set out in the Regional Development Australia plans for the region and local economic development plans. The deployment of communications infrastructure is central to the economic and social growth of the region and its industries. It is anticipated that the NBN Network will assist in building cross industry infrastructure supporting the likes of health, education, community, business and entertainment sectors within Bellingen and surrounds. “Most importantly the NBN will provide urban and regional areas within the wider Bellingen area the same opportunities afforded to metropolitan areas.”

Fixed wireless broadband services are expected to offer more reliable and faster internet services to Australian consumers. A range of benefits arising from improved communication services include:

Telehealth (where nurses and doctors use the NBN to conduct natural video consults with remote patients, monitor life-sustaining medical equipment in patients’ homes, and run live therapy and exercise sessions with patients who will no longer have to travel hundreds of kilometres to capital-city specialists);

Remote learning through virtual classes;

Videoconferencing;

Increased opportunities for home businesses, home occupations and to work from home;

Enhanced media and entertainment; and

Distance networking. Accordingly, it is an object of the EP & A Act to protect, provide and co-ordinate communication services. Waste issues Waste, including construction waste, is recommended to be addressed by the proponent through the development of a Site Waste Minimisation and Management Plan developed in accordance with the provisions of Chapter 16 of the DCP. Security and crime prevention The proposed development includes the installation of a 2.4 metre high chain wire security compound fence measuring 6 metres by 10 metres with a 3 metre wide access gate to restrict personal access to the facility.


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Cumulative issues Cumulative impacts may result from a number of activities with similar impacts interacting with the environment in a region. They may also be caused by the synergistic and antagonistic effects of different individual impacts. The cumulative impacts of telecommunications infrastructure are primarily addressed in the NSW Department of Planning’s Telecommunications Facilities Guideline Including Broadband, July 2010, as considered above, including the principle that telecommunications facilities should be co-located wherever possible and the principle that telecommunications facilities are not to cause adverse radio frequency interference. The NBN fixed wireless broadband network operates exclusively on a specific frequency band, thereby ensuring that emissions from NBN Co equipment within the frequency band will not cause interference. Spurious signals outside the frequency allocations are proposed to be filtered in accordance with the ACMA Commonwealth specifications. SECTION 79C (1) (c) – THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT According to the Statement of Environmental Effects, a rigorous multi-stage scoping process was undertaken by NBN Co to identify areas requiring wireless coverage and to subsequently pinpoint and analyse candidate sites within those areas. Three (3) candidate sites were identified in the Fernmount search area, with the site the subject of this development application evaluated as the preferred candidate by NBN Co. on the grounds that it offers:

“Sufficient setback from adjoining property dwellings and public view as to not cause an unreasonable visual or amenity impact;

Elevated position in the locality to provide the required coverage to the surrounding area;

Location provides significant visual screening of most of the facility utilising existing surrounding vegetation; and

The site makes use of a previously disturbed area and thus does not require the removal of any significant vegetation or habitat for the construction of the facility or maintenance of the APZ.”

NBN Co found no opportunities in the Fernmount locality to “co-locate” or “co-site” the fixed wireless network with existing infrastructure. The development is intended to provide service to Fernmount and its hinterland and to transmit line-of-sight signals to other sites within the transmission network and, ultimately, to the “Fibre HUB” (i.e. a fixed wireless facility that is physically connected to the fibre network). The fixed wireless network remains unconnected without connectivity to the Fibre HUB. The proposed development site has been assessed by NBN Co as being suitable to provide wireless broadband services to surrounding premises and to form an integral component of the fixed wireless network servicing the wider Bellingen area. SECTION 79C (1) (d) – ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR THE REGULATIONS Council must take the submissions received during the public exhibition period into consideration in determining the development application. The matters raised in the submissions are therefore summarised below and commented on in turn, with copies of all independent submissions attached as an addendum to this report. One (1) submission was in support of the proposed development and one (1) submission was received after the exhibition period (although included in the following assessment irrespective).


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Issue 1: The proposed coverage area of 4G Fixed Wireless is unsuitable for Fernmount due to the topography and the requirement for direct line-of-sight. Comment:

Each Fixed Wireless facility is designed specifically to service the target community, taking into account the local conditions, including the number of local premises, premises density, topography and vegetation. These factors are considered up front when proposing a facility, to ensure that the proposed facility will deliver high speed wholesale broadband up to 25Mbps download and 5Mbps upload to the local community in question. NBN Co’s engineers are aware of and have accounted for the terrain and the mature vegetation at Fernmount when designing a site specifically to service this community. NBN Co is confident that Fixed Wireless is a suitable technology to deliver fast and reliable service to the Fernmount community, based on a thorough radio engineering analysis. Issue 2: The proposed 4G Fixed Wireless service is an inferior service to fibre optic that will not meet the future needs of the Fernmount area. Comment:

NBN Co has confirmed that Fixed Wireless is the technology that is proposed to be delivered to Fernmount, in keeping with the national parameters for service delivery to communities of this size. Delivery of the Fixed Wireless broadband service represents a significant improvement over services currently available in the Fernmount area. Issue 3: Development of the proposed tower will adversely affect Fernmount’s capacity to obtain fibre optic. Comment:

Deployment of fibre optic cable to Fernmount is not proposed by NBN Co (and has never been proposed) due the total number of premises in the community not meeting strict NBN Co deployment thresholds and commercial parameters. Issue 4: Fernmount is a “Low Density Rural” area and, like Middle Boambee Road, should receive fibre optic. Comment:

Deployment of fibre optic cable to Middle Boambee Road is being undertaken by NBN Co as the community meets NBN Co deployment thresholds and commercial parameters. Issue 5: The proposed development will pose a potential health risk to residents and users of the road due to non-thermal radiation (e.g. radiofrequency electromagnetic fields have been classified as “possibly carcinogenic to humans” by the World Health Organisation/International Agency for Research on Cancer). Comment:

The proposed facility will be transmitting radio frequency signals, the same kind of signals as AM and FM radio broadcasts, commercial television broadcasts and a range of local radio services including police, Council and emergency service communications. Importantly, licensed radio frequency transmitters, including the NBN's fixed wireless communications facilities and commercial radio and TV broadcast towers, are regulated to protect people and keep the community safe. The national safety regulations operate by placing a limit on the strength of the signal (or radio frequency EME) that the proposed antennas can transmit. They do not impose any general public distance-based restrictions. That is why radio communications facilities are permissible in any environment. Australia has adopted the safety regulations recommended by the WHO. These regulations have a significant safety margin, or precautionary approach, built into them.


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Emissions from the proposed tower must strictly comply with relevant public health and safety standards established by independent authorities. This includes the national public health and safety standards for radio frequency EME. Typically NBN fixed wireless communications facilities operate at radio signal strengths that are thousands of times below the safety limit. To put the signal strength into perspective, the general public exposure to radio signals from NBN Co’s fixed wireless network facilities is less than or equivalent to the exposure people experience in their home from domestic wireless routers. Alternatively, it’s about one tenth the power of a taxi’s two-way radio. NBN Co undertakes an environmental compliance report for each proposed radio network facility, as required by the federal regulator, the ACMA. This report demonstrates the maximum signal strength that the facility is capable of transmitting. The report submitted with the development application demonstrates that the maximum radio signal strength at ground level (1.5m), at any distance from the proposed fixed wireless network facility at Fernmount would be 0.055% of the safety limit for 24-hour general public exposure to radio frequency signals. In other words, the signal strength would be more than 1,800 times below the safety limit recommended by the WHO. The proposed facility will be regulated to operate safely and responsibly at signal strengths very significantly below national and international safety limits. With regards to the precautionary note from the WHO rating radiofrequency energy as a “possible carcinogen”, it is important to note that this rating referred only to hand-held mobile phone usage. By way of background, in June 2011, the WHO advised that an international committee of scientists from the International Agency for Research on Cancer (IARC) had reviewed the body of peer-reviewed; scientific literature regarding radiofrequency; assessing the risks associated with three different types of exposure to radiofrequency energy; occupational exposure; environmental exposure (to radiofrequency signals found in the environment including radio and TV broadcasts) and to personal exposure from hand-held mobile phones. The IARC found there was no evidence to suggest that further precaution should be exercised regarding both occupational and environmental exposures, as there was nothing in the large body of science, which spans decades, to suggest a risk of health effects from complying facilities. However, the IARC did advise caution regarding the use of handheld mobile phones because the direct exposure experienced to the head from a mobile phone is about 500,000 times greater than the radiofrequency found in the environment that has an ambient impact on the general public. The IARC and the WHO were unequivocal regarding the distinction between personal exposure from hand-held devices put to the head and ambient, environmental exposure to radiofrequency signals. Albeit the advice regarding WHO concerns about personal mobile phone use did represent new advice from the WHO, their June 2011 statement was consistent with their previous advice regarding environmental exposure to radiofrequency signals, as follows:

“While no health effects are expected from exposure to radio frequency fields from base stations and wireless networks, research is still being promoted by WHO to determine whether there are any health consequences from the higher radio frequency exposures from mobile phones” (Electromagnetic Fields and Public Health: Base Stations and Wireless Technologies).


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NBN Co maintains that the proposal at Fernmount is designed and will be operated safely and responsibly, at power levels significantly below internationally mandated safety limits, which are based on a large body of established, peer-reviewed science. Additional reference should be made to commentary addressing Health issues previously in this report. Issue 6: The proposed tower is inappropriately located and will adversely affect the recreational use of the road and impair access along the road. Comment: Plans submitted with the development application confirm that there will be sufficient space for vehicles and pedestrian movement following construction of the fixed wireless facility. Council’s Asset Management and Design staff have recommended advance warning signs be erected in the road reserve to mitigate any potential adverse traffic impacts. Issue 7: The proposed tower detrimentally affects visual amenity. Comment: The proposed development is considered to strike a balance between providing valuable services in accordance with the Objects of the EP & A Act and minimising any visual impact on the community and local environment. The NBN Co Fixed Wireless base stations need to be located in or near the area for which they are designed to provide coverage, and while all radio antennas need to be elevated above their surroundings to provide reliable, unbroken communications, the proposed facility has been designed to be the minimum height necessary to provide good service to the local community. The development also seeks to maximise the distance of the proposed facility from the nearest adjoining landowners, so as to reduce any visual intrusion, and to take advantage of any screening that can be provided by mature vegetation. The proposed Fernmount facility has been located with significant set back from the community, benefits from significant tree screening, and is of slimline design. The proposed facility is designed and sited to minimise impact on the amenity of visual quality of the community, and has no undue or disproportionate impact on any one property, due to the substantial setback from residential development in the locality. To further minimise visual impact, and in response to this submission, NBN Co has proposed to paint the structure a non-reflective green colour as opposed to the initial application for standard factory grey, thereby allowing greater blending with surrounding and background vegetation. Issue 8: The proposed tower is a threat to wildlife and residents. Comment: The impact of development on biodiversity values was considered in the ecological report accompanying the development application, which found that the vegetation to be removed in order to undertake the development does not constitute an Endangered Ecological Community (EEC) or form habitat for threatened species:

“The vegetation within the proposed development footprint was comprised of mixed dry and wet sclerophyll forest. One tree was situated within the proposed development footprint and this species was Blackwood Acacia melanoxylon, a 3m high specimen with a DBH of 5cm. The ground layer supported Spiny Rush Lomandra longifolia, Blady Grass Imperata cylindrical and leaf litter. The vegetation was not part of an EEC. The APZ comprised a mix of native and exotic juvenile trees, shrubs and grasses. The APZ


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supported Dry Sclerophyll Forest/Tall Open Forest (Blackbutt Smooth-barked Apple) with a shrubby/grassy understory.”

Construction will be required to occur in accordance with the conditions of development consent, a construction certificate and consent issued under the NSW Roads Act 1993. In conjunction with work health and safety requirements, these consents should ensure that, during construction, all relevant safety practices are implemented to ensure risk to construction workers and the community is minimised. The proposed design includes security fencing and anti-climbing devices to prevent unauthorised access to the facility and structure. NBN Co has advised Council that it is not aware of any hazard posed to wildlife while the facility is in operation. Issue 9: The proposed tower will have an adverse impact on local property values:

compared to land that will be serviced with fibre optic;

where intervening topography precludes access to the wireless service;

due to diminished visual amenity; and

having regard to potential health risks. Comment: NBN Co has advised Council that it is not aware of any evidence to suggest that being within close proximity to a communications facility significantly affects or devalues land and property prices. Land values and property prices are usually determined by supply and demand and a complex interaction of many factors, including location, zoning, access to local amenities and infrastructure. As such, land and property that is well located, adequately serviced by infrastructure and accessible is most likely to be sought after. Issue 10: The NBN aerial electrical lines run across private land and may adversely affect that land. Comment: A combined overhead and underground electrical connection is proposed for the facility as an extension of the existing overhead electricity network in Mount Street. The proposed design (marked as “NAE” on the Overall Site Plan, Drawing No. 2BLG-51-04-FRNN-C2, Revision 02, prepared by Aurecon Pty Ltd on 23 May 2013) follows a site access road that traverses private land described as Lots 416 and 417 DP 755557. The electrical design comprising the installation of new power cable, pole and a transformer, is subject to the provisions of the Infrastructure SEPP and the NSW Electricity Supply Act 1995, including powers of entry under Part 5 Division 3 and compensation under section 60. For the purposes of the development application, there is no evidence in pursuance to schedule 1 of the NSW Environmental Planning and Assessment Regulation 2000 that the owner of Lot 416 DP 755557, No. 80 Mount Street, consents to the development application as lodged with Council. As such, the proposed development to be carried out on Lots 416 and 417 DP 755557 is not recommended for approval under a development consent issued in pursuance to Part 4 of the EP & A Act. This will ensure that any works for the supply of electricity to the development site are suitably addressed under the Infrastructure SEPP and the NSW Electricity Supply Act 1995. Issue 11: The proposed NBN aerial electrical lines should be underground to maintain access and minimise the risk of bushfire.


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Comment: Increased risk of bushfire is mitigated through the use of an underground electrical connection and a condition of development consent is recommended to address this issue. Issue 12: Insufficient consultation has occurred between Fernmount residents, NBN Co. and Council. Comment: Consultation for the assessment of the development application has been undertaken by the Bellingen Shire Council in accordance with Chapter 11 of the DCP and clause 89 of the NSW Environmental Planning and Assessment Regulation 2000. In addition to this, NBN Co undertook its own information session on Wednesday 20 February 2013 to consult with the community and shape the formation of the development application as lodged with Council. This pre-lodgement consultation, and subsequent letter drop by NBN Co to the community, represents a meaningful and transparent approach to consultation above and beyond the statutory requirements. Issue 13: That Council agreed to lease the land absent community consultation. Comment: Prior to the lodgment of the DA with Council on 31 May 2013, the elected Council considered an application from NBN Co Limited for the lease of the subject road reserve and subsequently resolved to:

“authorise the proposal to lease part of a road reserve adjacent to the western boundary of Lot 24 DP 816227 at Fernmount for a fixed wireless transmission tower and associated facilities.” The application to Council provided that the proposal was subject to, amongst other matters, ‘Obtaining the necessary Town Planning Approval’”.

The lease of the land is not a matter for planning consideration, albeit subject to a development consent being issued by Council (for which community consultation has occurred in accordance with Chapter 11 of the DCP), and a relevant precursor to the lodging of a development application (a development application must contain evidence that the owner of the land on which the development is to be carried out consents to the application). Issue 14: Existing services are very poor! Comment: This concern was raised in three (3) of the submissions and the proposed development, if developed, will enhance broadband coverage in the area. SECTION 79C (1) (e) – THE PUBLIC INTEREST The expression “the public interest” does not have any fixed meaning and depends on the particular set of circumstances applying to the development. It does require a determination as to what best serves the advancement of the interest or welfare of the public, society or the nation and requires consideration of the competing facets of the public interest. The proposed development will improve information and communication flows in the locality and provide “paramount” telecommunications connectivity for the fixed wireless network being developed in the Shire. The development will provide enhanced broadband coverage in the area with the potential to support healthcare, education, small businesses, tourism and in-home information and entertainment. According to the Statement of Environmental Effects accompanying the DA:

“The public benefits of access to high quality broadband have been widely acknowledged for many years. Reliable internet access is now more than ever an integral component, so much so that its absence is considered a social disadvantage.”


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The proposed development will provide an important community benefit to Shire residents and, according to the Statement of Environmental Effects, “does not result in any increase in the level of risk to the public.” ANY OTHER RELEVANT LEGISLATION/ MATTER No other matters are considered relevant. BUDGETARY IMPLICATIONS: There are no noteworthy financial and resource implications for Council associated with this development. SUSTAINABILITY ASSESSMENT: The economic, environmental and social effects of the proposed development are considered in this report in response to the provisions of section 79C of the EP & A Act. An adoption by Council of the recommendation to this report will further the objects of the Act, including the promotion and co-ordination of the orderly and economic use and development of land. ENGAGEMENT: Internal Referrals The application was referred to Council’s Asset Management and Design staff and Senior Health and Building Surveyor for comment. Their replies inform the commentary and recommendations to this report. Senior Health and Building Surveyor Council’s Senior Health and Building Surveyor has provided that:

there are no objections to the proposal in relation to health and building matters;

concerns regarding health risks associated with radio frequency electromagnetic fields are addressed under “Health Issues” earlier in this report;

the proposed structures have been designed by suitably qualified structural engineers and it is proposed that a ten metre asset protection zone be provided which is in accordance with the NSW Rural Fire Service Practice Note 1/11; and

should development consent be granted it will be subject to the issue of a Construction Certificate for the erection of the tower and ancillary building.

Asset Management and Design staff Council’s Asset Management and Design Staff held no objections to the proposed development but recommended a series of conditions to be applied to the development consent. External Referrals The application was referred to the NSW Rural Fire Service for comment concerning the hazard of bush fire. The Service recommended the following conditions of development consent be applied as based on the plan prepared by Aurecon Australia Pty Ltd, titled ‘Overall Site Plan’, numbered 2BLG-51-04-FRNN-C2 (Revision 2) and dated 15th February, 2013:

Asset Protection Zones

(1) At the commencement of building works and in perpetuity the property around the development to a distance of 10 metres, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’. [To provide sufficient space and maintain reduced fuel loads as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building]


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(2) This approval is subject to the proposed easement being registered pursuant to section 88B of the NSW Conveyancing Act 1919 on the adjoining land for part of the asset protection zone (APZ) as detailed in the development application submitted by Aurecon Australia Pty Ltd on behalf of NBN Co. Limited, referenced ‘Fernmount’, dated 24th May, 2013. APZs associated with the development shall be managed as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’. [To provide sufficient space and maintain reduced fuel loads as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building]

Design and Construction (3) The proposed development shall be designed and constructed of materials capable of

withstanding 40kW/m2 of radiant heat. The equipment cabinet shall also include protection measures to prevent the ingress of embers. [To ensure that buildings are designed and constructed to withstand the potential impacts of bush fire attack]

Comment from the General Manager Council’s Senior staff, following representations from a number of Fernmount residents in relation to the location of the proposed NBN tower, made representations to NBN Co about the possibility of relocating to the nearby trig station. NBN Co advised Council that they had already considered the Trig site, both before lodging the development application for the current proposal, and also following direct inquiries from Fernmount residents to NBN Co. NBN Co maintain that the Trig site is not considered a viable candidate for a number of reasons including; accessibility, length of power run and associated power costs making it unfeasible and the proposed site achieves significant separation from the Fernmount village. It should be noted that the above representations did not form part of the development assessment process. SHIRE OF BELLINGEN 2030 COMMUNITY VISION ALIGNMENT: This report aligns with CL.1.4.2.2 of the Bellingen Shire Council Delivery Program and Operational Plan, June 2013, which provides the following strategic direction under the Operational Plan (1 year):

“Assess and determine development applications against current statutory and policy requirements. Ensure 100% Assessments in accordance with Section 79c of the Environmental Planning & Assessment (EP&A) Act 1979. Measure the number of successful legal challenges against Council decision under Section 123, EP&A Act 1979.”

OFFICERS RECOMMENDATION: (A) That Development Consent be granted for the subject application, pursuant to Section

80 (1) of the NSW Environmental Planning and Assessment Act 1979 , subject to the following conditions and reasons.


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CONDITIONS OF DEVELOPMENT CONSENT PLANNING CONDITIONS 1 Development consent is granted only to carrying out the development described in the

approved plans and documents attached to this consent and as amended by the following conditions.

The approved plans and documents are endorsed with a Council stamp and authorised

signature. A copy of this consent and approved plans and documents shall be kept on site at all times while work under this consent is being undertaken.

Plans and Documents: Plan No’s. 2013/AF-097/1 to 2013/AF-097/4 inclusive, details of which are provided as follows:

Plan No. Drawing No.

Revision

Name of Plan Date

2013/AF-097/1

2BLG-51-04-FRNN-C1

05 Site Specific Notes and Antenna Table, as prepared by Aurecon Australia Pty Ltd, Scale 1:50

28 May 2013

2013/AF-097/2

2BLG-51-04-FRNN-C2

02 Overall Site Plan, as prepared by Aurecon Australia Pty Ltd, variable scale

15 February 2013

2013/AF-097/3

2BLG-51-04-FRNN-C3

05 Site Setout Plan, as prepared by Aurecon Australia Pty Ltd, Scale 1:100

28 May 2013

2013/AF-097/4

2BLG-51-04-FRNN-C4

04 Site Elevation and Details, as prepared by Aurecon Australia Pty Ltd, Scale 1:200

28 May 2013

[To ensure the legality of the development] 2 In the event of any inconsistency between conditions of this consent and the

plans/documents referred to above, the conditions of this consent prevail to the extent of that inconsistency. [To ensure the legibility of the consent]

3 No development the subject of this development consent shall occur on land described as

Lot 416 DP 755557, No. 80 Mount Street, Fernmount, and Lot 417 DP 755557, Mount Street, Fernmount. Note. Clause 41 (1) of State Environmental Planning Policy (Infrastructure) 2007 provides that “Development for the purpose of an electricity transmission or distribution network may be carried out by or on behalf of an electricity supply authority or public authority without consent on any land.” [To limit the development to land that is subject to owner’s consent to the application]

4 The telecommunications facility shall not cause adverse radio frequency interference with

any airport, port or Commonwealth Defence navigational or communications equipment. [In the public interest]

5 Bellingen Shire Council, its officers and employees must be indemnified and held

indemnified against any claim by any person or group from negligence or for damage or injury arising out of or as a consequence of or incidental to the conduct of the development.

[In the public interest] 6 Prior to the issue of a construction certificate, Council shall be given a report showing

compliance with any relevant site and height requirements specified by the Civil Aviation


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Regulations 1988 and the Airports (Protection of Airspace) Regulations 1996 of the Commonwealth. The development shall comply with all relevant requirements at all times. [To ensure that the structure meets airspace requirements]

7 Unless otherwise required by condition 6, the monopole shall be finished and maintained

in a non-reflective colour sympathetic to the shades and tones of the prevailing background. [To minimise visual intrusion and ensure that the structure responds appropriately to the landscape]

8 Prior to the issue of a construction certificate a lease agreement for use of the road

reserve shall be executed. [To ensure that the use of the road is suitably authorised]

9 Prior to the issue of a construction certificate an easement pursuant to the provisions of

the NSW Conveyancing Act 1919 must be registered on Lot 24 DP 816227 for the extent of the asset protection zone (APZ) on that land. The easement shall permit the proponent or its authorised agents to enter the land and to maintain the land as an inner protection area in accordance with the conditions of this development consent. The consent of the Council shall be required to release, vary or modify the easement. [To ensure that appropriate security exists to maintain an APZ on adjoining land]

10 Prior to the issue of a construction certificate a Site Waste Minimisation and Management

Plan (SWMMP) pursuant to Chapter 16 of the Bellingen Shire Development Control Plan 2010 shall be submitted to Council. Volumes of lawful waste disposal shall generally reconcile with the relevant estimated volumes of waste documented in the SWMMP and written records demonstrating lawful disposal of waste retained for possible inspection by relevant regulatory authorities. [To comply with Chapter 16 – Site Waste Minimisation & Management of the Bellingen Shire Development Control Plan 2010]

11 The clearing of native vegetation must not exceed the minimum extent necessary to carry

out the development and shall: a. be undertaken by suitably qualified and competent practitioners; and b. prioritise selective pruning undertaken in accordance with AS 4373 ‘Pruning of

amenity trees’ over clearing. All trees to be retained shall be protected from construction works pursuant to Australian Standard AS 4970-2009 ‘Protection of trees on development sites’. [To minimise the impact of the development on native vegetation]

12 If Aboriginal objects are present or uncovered due to development activities, all works

shall immediately halt to prevent any further impacts to the find or finds, to resume only in accordance with the requirements of the NSW Department of Environment and Heritage and the NSW National Parks and Wildlife Act 1974. [To conserve Aboriginal objects and Aboriginal places of heritage significance]

13 Electrical power shall be installed underground unless Council considers and endorses a

written request demonstrating that it would be illogical or impractical to provide underground services. [To minimise the impacts of electricity supply]

14 In the event that the telecommunications facility is no longer required or the lease of the land is discontinued, the telecommunications facility shall be removed forthwith and the land, as far as is practicable and to the satisfaction of Council, restored to the condition in which it was before the development.


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Note. Prior to the conduct of works in the road reserve, authorisation is required from the Roads Authority in pursuance to the NSW Roads Act 1993. [To ensure that the site is appropriately remediated]

HEALTH & BUILDING CONDITIONS 15 All building work must comply with the Building Code of Australia.

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

16 Sediment and soil erosion control measures must be implemented, managed and

maintained during all development works to prevent sediment leaving the site or entering downstream properties, drainage lines, watercourses or environmentally sensitive areas. Sediment and soil erosion control measures must be designed and implemented in accordance with the Landcom publication Managing Urban Stormwater: Soils and Construction, Volume 1, 4th Edition (reprinted July 2006) to the satisfaction of the principle certifying authority. [To minimise and control erosion and sedimentation]

17 A durable and weatherproof site notice must be erected in a prominent position on any

site on which building work is being carried out: a. showing the name, address and telephone number of the principal certifying authority

for the work, and b. showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person may be contacted outside working hours, and c. stating that unauthorised entry to the work site is prohibited. Any such notice shall be maintained while the building work is being carried out, but must be removed when the work has been completed. [To ensure ready identification by Council, suppliers and the general public]

18 A temporary hoarding or temporary construction site fence must be erected between the

work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works: a. could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or b. could cause damage to adjoining lands by falling objects, or c. involve the enclosure of a public place or part of a public place. The work site includes a zone sufficient to meet the needs for the parking, loading and unloading of demolition, construction and delivery vehicles, but shall not include employee parking. [To maintain public safety]

19 Any works involving the generation of noise which extends beyond the boundary of the

land, other than works required in an emergency to avoid the loss of life, damage to property and/or to prevent environmental harm, shall only be carried out between 7:00 am and 5:00 pm Monday to Saturday inclusive. No works shall occur on public holidays.

[To minimise the impact of works on the locality] 20 The development site shall be left clear of waste and debris at the completion of the

works and kept in a clean and tidy condition at all times. No materials shall be burnt or buried on the site.

[To minimise the impact of works on the locality] 21 Stormwater from the development shall be discharged in a controlled, nuisance and scour

free manner.


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[To ensure adequate stormwater disposal] 22 Levels of electromagnetic energy surrounding the development shall comply with the

safety limits imposed by the Australian Communications and Media Authority and the Electromagnetic Radiation Standard at all times.

[In the public interest] ENGINEERING CONDITIONS 23 Prior to the issue of a construction certificate, the proponent shall submit detailed design

drawings for the development for approval by the Deputy General Manager Operations. The drawings shall conform to the standards and requirements set out in Councils current “Standard Conditions for Engineering Works Associated with Developments.” The following details are required at a minimum: a. general arrangements of the NBN Co. site including the monopole, outdoor equipment

units, access track, parking, electric cables, and other site attributes; b. stormwater drainage at the NBN Co. site which prevent on-site ponding and provide for

Level Spreaders; c. sediment and erosion control measures during construction; d. road signage for approach signs to be developed on either side of the compound.

All drawings shall be drawn to scale and the development shall comply with the Council endorsed drawings at all times. [The likely impacts of the development in respect of construction, site attributes, public interest, traffic, access and safety]

24 Prior to carrying out any works within a public road reserve the proponent shall obtain

consent pursuant to the NSW Roads Act 1993.

[To comply with Section 138 of the NSW Roads Act 1993] 25 All stormwater drainage infrastructure shall:

a. be constructed in accordance with the Council approved plan at no cost to Council prior to the issue of an occupation certificate; and

b. be maintained for the life of the development. [The likely impacts of the development in respect of construction, site attributes, public interest, drainage and safety]

26 Prior to the issue of an occupation certificate, the proponent must develop a car parking

space within the Asset Protection Zone and outside the constructed road. The space must be designed and accessible for the type of vehicles typically used for maintenance purposes in accordance with AS2890.1:2004 and AS2890.2:2002, and be developed with a course of 50 mm crushed rock aggregate at a minimum over a sub grade compacted to at least 95 % standard compaction in accordance with AS1289.5.11:2000. The car parking space shall be maintained for the life of the development.

[The likely impacts of the development in respect of Construction, site attributes, public interest, traffic, access and safety]

27 The proponent shall erect and maintain road signage in accordance with the approved plan at no cost to Council. All signage must comply with AS1743:2001 in terms of size, shape, material, colour, border, and so forth.

[The likely impacts of the development in respect of Construction, site attributes, public interest, traffic, access and safety]

28 All earthworks including placement and compaction of fill shall be undertaken in

accordance with AS 3798:2007.


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[To ensure that earthworks meet current standards] 29 The surface levels and profiles of all infrastructure appurtenances, such as electrical and

telecommunications pits or covers, security fence must be finished consistent with the designed and constructed surface levels and planes of the finished development. These installations must not create trip hazards or discontinuities with the finished land profiles.

[The likely impacts of the development in respect of safety, construction, amenity, site attributes and public interest]

30 Unless otherwise authorised by a consent issued under the NSW Roads Act 1993, any

utility service installations or adjustments which involve existing road pavements must: a. not be trenched; b. be laid using under road boring techniques; and c. placed in durable traffic load supporting conduits with not less than 450 mm cover.

[The likely impacts of the development in respect of utilities, safety, traffic, public interest and security]

31 Prior to the issue of an occupation certificate, all civil works within the road reserve must

be certified by a qualified civil or structural engineer experienced in supervising similar works. The certification shall confirm that the monopole, outdoor units, security fence, drainage, ancillary and other civil construction conforms to the conditions of this consent, the approved plans, specifications and any associated NSW Roads Act 1993 consent conditions.

[The likely impacts of the development in respect of traffic, utilities, safety, drainage, the public interest and security]

32 Prior to the issue of an occupation certificate, any damage caused to Council or other Public Authority assets as a result of construction works associated with the approved development shall be remedied in full by the proponent.

[In the public interest]

BUSH FIRE CONDITIONS 33 At the commencement of building works and in perpetuity the property around the

development to a distance of 10 metres, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

[To provide sufficient space and maintain reduced fuel loads as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building]

34 This approval is subject to the proposed easement being registered pursuant to section

88B of the NSW Conveyancing Act 1919 on the adjoining land for part of the asset protection zone (APZ) as detailed in the development application submitted by Aurecon Australia Pty Ltd on behalf of NBN Co. Limited, referenced ‘Fernmount’, dated 24th May, 2013. APZs associated with the development shall be managed as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

[To provide sufficient space and maintain reduced fuel loads as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building]

35 The proposed development shall be designed and constructed of materials capable of withstanding 40kW/m2 of radiant heat. The equipment cabinet shall also include protection measures to prevent the ingress of embers.


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[To ensure that buildings are designed and constructed to withstand the potential impacts of bush fire attack]

ADVISORY NOTES

1 The power to install a communications facility is subject to section 484 and schedule 3 of the Commonwealth Telecommunications Act 1997.

2 The structure is required to be registered in a database maintained by the Royal

Australian Air Force Aeronautical Information Service in accordance with the Advisory Circular 139-08(0) entitled Reporting of Tall Structures as issued by the Civil Aviation Safety Authority Australia in 2005.

3 The Protection of the Environment Operations Act 1997 and the Protection of the

Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.

4 An excavation permit under the Heritage Act 1977 may be required for works that disturb

or excavate a relic. ATTACHMENTS: 8.2A Plans

(DWS 394115) 8.2B Submissions

(DWS 404525) Report (DWS 405482) Meeting adjourned: 10.37am Meeting resumed: 10.55am

08.038/13

MOTION (Cr Scott/Cr Troy) That this item be deferred to the 29 January 2014 Ordinary Meeting to allow Councillors to conduct a site visit. For: Cr Troy, Cr Manning, Cr Scott and Cr Harrison Against: Cr Klipin and Cr Carter

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1997%20AND%20no%3D156&nohits=y




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8.3 FLOODING PREPAREDNESS

File/Index: Bellingen Shire Local Emergency Management

Author: John Starr, Design and Traffic Engineer

REPORT SUMMARY: This report is to provide Councillors with the information on measures undertaken to improve emergency preparedness during flooding events. REPORT DETAIL: In recent times the Bellingen Shire region has been regularly subjected to flood events, averaging one event per year and in some instances two or three. While the flood waters rise and recede reasonably quickly, there is still a considerable amount of inconvenience suffered by the community due to the roads and bridges being inundated. During these periods the fast flowing rivers inflicts damage to Council’s facilities and road network creating land slips on the rural roads. Council has actively endeavoured to improve its policies and procedures for closing and re-opening of both Council owned roads and the State Road, Waterfall Way. As part of the continuing improvement process Council officers’ conduct debrief meetings after each flood event to consider what went well and discuss areas where improvements could be made. The local flood plan has been revised and updated by the State Emergency Services (SES) this year. During flood events, there has been increasing demand from the community for the availability of information leading up, during and at the end of the event. Council has actively endeavoured to meet this demand by way of phone and electronic media. Council has also made improvements to the availability of information by improving the communication flow from the field officers to the administration offices and to Council’s web site. In addition, links to the Myroadinfo web site which covers road conditions for local government areas from Taree to Lismore. The 2013 flood events were followed by close liaison between Council and the Urunga SES. As a result, manual flood gauges were installed at Newry Island adjacent to the bridge to improve the situational awareness for the local SES as to when dwellings on Newry Island and in Marina Crescent may be inundated during a flood event. Following the flood event a series of flood debrief meetings were held with appropriate staff to analyse the response and identify issues to be addressed. As a result a number of initiatives have been undertaken. These include:

Development of written guidelines and procedures for opening of a road.

Preparation of a list of emergency vehicles allowed access through road closures during flood events with the objective of streamlining the process.

Review of IT provision and website availability during flood events.

Connection of Raleigh training room to generator supply.

Installation of more flood indicators ie Ford Street, Lavenders Bridge together with other relevant locations.

Review of Council’s two way radio system. During a multi-agency response to any emergency the Local Emergency Operations Controller will open the Emergency Operations Centre (EOC) to co-ordinate the response to the emergency. The EOC for the combined Local Emergency Management local government areas, being Coffs Harbour and Bellingen is located at the Rural Fire Service headquarters at


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Coffs Harbour. Due to the nature of the flood events that occur, this location may not be suitable for an event in the Bellingen area. To cater for such an occasion an alternate EOC will be located in the training room at the newly constructed Council depot at Raleigh. The setup of the training room has been undertaken using operational budgets for purchase of desks, chairs, whiteboards etc. Superceded computers from the Council building have been located in the training room for training purposes and EOC operations. Communications with the EOC at Coffs Harbour are to be provided by two way radio and telephone. Upon the appointment of Stephen Taylor, Deputy General Manager Operations a change has been made to the formal arrangements with the regards to the LEMO. These are: LEMO: Stephen Taylor Deputy LEMO: John Starr Relief LEMO: Brett Hannaford Lastly, discussions have been held with the SES Controller regarding the establishment of a formal boat ramp adjacent to Lavenders Bridge and further investigations as to possible solutions are ongoing. BUDGETARY IMPLICATIONS: There are no budgetary implications to this report. SUSTAINABILITY ASSESSMENT: The emergency preparedness contributes to the well being of the community. During flooding events, every effort is undertaken to reduce social impact on the community. ENGAGEMENT: Council officers have held two flood debriefing meetings following the flood events earlier in 2013 and the Local Emergency Management Officer has obtained feedback on Council’s arrangements and/or procedures from the Local Emergency Management Committee. SHIRE OF BELLINGEN 2030 COMMUNITY VISION ALIGNMENT: This project/initiative aligns with the following strategic directions within the Shire of Bellingen 2030 Community Vision:

Community Wellbeing “We have the programs, services and infrastructure to ensure a safe and healthy community.”

OFFICERS RECOMMENDATION: That the report be noted. ATTACHMENTS: There are no attachments for this report Report (DWS 405365)

08.039/13

RESOLVED (Cr Scott/Cr Klipin) That the report be noted.

UNANIMOUS


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8.4 PROPOSED ROAD CLOSURE – YELLOW ROCK ROAD - URUNGA

File/Index: Road Closures Permanent (Roads)

Author: John Starr, Design and Traffic Engineer

REPORT SUMMARY: This report is to enable Council to consider an application to close a section of Council road together with the acquisition of a section of private land to formalise the encroachment of Yellow Rock Road at Urunga. The NSW Department of Primary Industries – Catchment and Lands administer the closing of public roads. In order to close a section of public road a Public Road Closure application form needs to be submitted on behalf of the applicant to the NSW Government Trade & Investment, Crown Lands (Crown Lands). Upon receipt of the application Crown Lands will advertise the proposed road closure and advise adjoining owners by mail inviting submissions to be made. Any submissions received by the Crown Lands will be considered as part of the determination of the road closure. REPORT DETAIL: Background: Council considered a report on the proposed road closure at Yellow Rock Road, Urunga at its meeting of 23 October 2013. Council resolved as follows:

“That the matter be deferred pending a site inspection prior to the next ordinary meeting of Council.”

A site inspection was undertaken by Mark Troy (Mayor), Councillor David Scott, Stephen Taylor (Deputy General Manager Operations) and John Starr (Traffic and Design Engineer) on Wednesday 11 December 2013. Detail Council has received an application from Mr. B & Mrs. C Harry to close and purchase a section of the Council public road reserve fronting their property at 107 Yellow Rock Road, shown in red hatching and as (A) on the attached sketch plan. It is also proposed to acquire a small section of lot 457 DP 755557, shown in blue and as (B) on the attached sketch plan, to formalise a small encroachment of the road on to the applicant’s property. The public road reserve at this location is shown as variable width, wider than the normal 20.115m width. The section of road reserve proposed to be closed is considered to be surplus to Council’s needs and has historically been fenced in and has been used and maintained as part of the applicants’ property. In the event that Council resolves to support the application for road closure the newly created lot should be consolidated with the adjoining properties, being lots 389 and 457, DP 755557. The section of road proposed to be closed, has an area of approximately 0.56ha and does not directly affect any adjoining owners. The section of lot 457 DP 755557 to be acquired for road purposes has an area of approximately 50m2. The neighbouring property owner was advised of the proposed road closure for comment. This property owner owns the land north and south of the proposed road closure. They provided a submission which raised a number of concerns, as outlined below. However, most of the issues raised in this submission do not relate to the road closure and have been considered and


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addressed previously in a Development Application (DA 2013/DA-067) for placement and compaction of clean fill on applicant’s property:

“Existing trees of local and ecological significance will no longer be protected” Comment – There is no work being conducted as a result of the road closure and a number of legislative controls exist for the protection of any significant vegetation.

The Development Application (2013/DA-067) referred to in the submission relates to the placement and compaction of clean fill on the applicant’s property. Conditional approval was granted pursuant to Section 80(1) of the Environmental Planning and Assessment Act 1979 on 5 July 2013 to carry out these works.

“Loss of public space and visual end environmental amenity” Comment – The section of road reserve proposed to be closed has been fenced off, is

not accessible to the public and has been used and maintained by the

applicants. The road closure is considered to be surplus to council’s

requirements for road improvements.

“Effect on the wetland and flood plain” Comment – There is no work being conducted as a result of the road closure and again

there are other legislative controls in place to protect the wetlands should

any future development occur.

“Remnant Indigenous middens” Comment - There is no work being conducted as a result of the road closure; however

condition 3 of the 2013/DA-067 approval addresses monitoring the works

by a suitably qualified practitioner for Aboriginal cultural objects, including

the natural surface prior to any excavation works.

BUDGETARY IMPLICATIONS: All costs associated with the road closure and opening are to be met by the applicants in accordance with Council’s current Fees and Charges. SUSTAINABILITY ASSESSMENT: The proposed road closure will not have a significant impact from an economic, environmental or social point of view with regards to the existing road network. The slightly narrower road reserve may limit the options for future widening of the road but the anticipated requirements could be accommodated within the remaining road reserve corridor. At this stage Council does not have any road widening for Yellow Rock Road on its works program. The acquisition of the 50m2 will formalise the encroachment of the road on to lot 457 DP 755557. ENGAGEMENT: The proposed road closure does not have a direct impact on any adjoining owners and the land on the eastern side of applicant’s property is Crown land; however Council has written to one adjoining owner and their submission is outlined above. Crown Lands, upon receipt of the application, will advertise the proposed road closure in local newspapers and advise the adjoining owners by mail. The advertisements and letters will indicate the timeframe and to whom submissions are to be made. Crown Lands will then consider the application and any submissions in due course. SHIRE OF BELLINGEN 2030 COMMUNITY VISION ALIGNMENT: This project/initiative aligns with the following strategic directions within the Shire of Bellingen 2030 Community Vision:


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Places for People

“We are connected and able to move around in a safe, accessible, affordable, healthy and environmentally friendly way.”

“We have a system of safe, well-maintained roads including car calming infrastructures.” OFFICERS RECOMMENDATION: 1 That Council resolve to support the road closure and opening application to be lodged with

the Crown Lands. 2 That the lot created by the road closure, as shown (A) and in red hatching on the attached

sketch plan, be consolidated with the applicants’ property, being Lots 389 and 457, DP 755557.

3 That the lot to be acquired, as shown as (B) and in blue hatching on the copy of the attached sketch plan, be dedicated to the public as road.

4 That all costs associated with the road closure and opening application be met by the applicant.

5 That the General Manager be authorized to affix the Council seal to the appropriate documents.

ATTACHMENTS: There are no additional attachments to this report. Copy of sketch plan (DWS 387284) Copy of submission letter (DWS 376519) Report: (DWS 405719)

08.040/13

RESOLVED (Cr Scott/Cr Harrison) 1 That Council resolve to support the road closure and opening application to be lodged

with the Crown Lands. 2 That the lot created by the road closure, as shown (A) and in red hatching on the

attached sketch plan, be consolidated with the applicants’ property, being Lots 389 and 457, DP 755557.

3 That the lot to be acquired, as shown as (B) and in blue hatching on the copy of the attached sketch plan, be dedicated to the public as road.

4 That all costs associated with the road closure and opening application be met by the applicant.

5 That the General Manager be authorised to affix the Council seal to the appropriate documents.

UNANIMOUS


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Sketch Plan:


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Fiona Mackenzie & Ross Taylor 64 Yellow Rock Road, Urunga. 2455 Home: 6655 5339 Mob: 0488 117 358 Email: [email protected] 20/08/2013 The General Manager, Bellingen Shire Council Hyde St, Bellingen. 2454. Submission on: Proposed Road Closure – 107 Yellow Rock Road Urunga Contact: J Starr Dear Sir, We are writing in response to the above proposal. We are adjoining land owners that will be affected by the above application. We are opposed to the proposed road closure on the following grounds:

1. We are concerned that a number of well established trees of local and ecological significance will no longer be protected if the road is closed.

2. We are concerned that the road closure will lead to a loss of public space and visual and environmental amenity

3. We are concerned about the possible detrimental effects on the ecology of the wetland and flood plain that the current road protects that will be lost if the road is closed (the applicants have plans to fill and develop the area that is in the road closure proposal - INTEGRATED DEVELOPMENT APPLICATION NO. 2013/DA-00067, as well as a proposal in the 2010 Bellingen Shire Council LEP plan for subdivision of part of the proposed road closure)

4. We are concerned that inadequate investigation and consideration has been given to remnant indigenous middens that exist in this area.

1. Existing trees of local and ecological significance will no longer be protected

We believe that the planned road closure will result in the possible loss of a number of large trees that grow within the proposed area. There are a number of well established paper barks, banksias and figs that are of local ecological significance that grow within the proposed land. Given that the applicants are proposing to fill and develop the said property, we are concerned that if the road is closed, there will be no protection for these trees in place.

2. Loss of public space and visual and environmental amenity

The road closure will allow the applicants to alter the environment, resulting in a loss of public existing use and visual amenity as well as impacting the sense of place of the locality as a whole. Proposed fill activity along the road front will have an aesthetic impact to local water resources, destroying a small wetland habitat that is enjoyed by many people and has ecological significance for local wildlife.


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3. Effect on the wetland and flood plain

The proposed road closure adjoins and encroaches onto a small, enclosed wetland area that is part of the flood plain and inhabited and visited by many species of native wildlife as well as containing a number of large and well established tea trees, native flaxes and other wetland flora.

Species that currently inhabit or visit the local area for nesting, shelter and feeding that will be affected include;

(of particular interest), the Jabiru (Black-necked Stalk). The Jabiru is an endangered species on the east coast of NSW and these birds are very sensitive to urban encroachment. The particular birds that visit this wetland are known to nest nearby in the larger wetlands adjoining this area http://www.wiresnr.org/Jabiru1.html

(generally), other species (but not limited to); freshwater turtle, maned geese (wood duck), grey heron, black cockatoo, pacific black duck, egret, spoonbill, rufous night heron, as well as a diverse number of predatory and insect eating birds. Ducks and geese use the land around the wetland for grazing and sheltering their young – the battered banks of the fill encroach onto this habitat and will make it virtually impossible for ground dwelling birds and their young to access grazing areas easily.

4. Remnant Indigenous Middens

The precinct along the river bank and road is the site of one of the largest middens on the north coast of NSW. This has been both historically documented and is also recounted in local indigenous oral history. Before any major development occurs in this area council has a responsibility to alert the local Indigenous Land Council and investigate and preserve any indigenous sites even if they have been disturbed in the past.

Yours Sincerely, Fiona Mackenzie & Ross Taylor (Adjoining land owners)

http://www.wiresnr.org/Jabiru1.html


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9 REPORTS BY DEPUTY GENERAL MANAGER CORPORATE AND COMMUNITY

9.1 UNREASONABLE COMPLAINANT CONDUCT POLICY

File/Index: Procedures (Customer Service) – Complaint Handling

Author: Anton Juodvalkis, Manager Governance & Engagement

REPORT SUMMARY: The purpose of this report is to present the Draft Unreasonable Complainant Conduct Policy to Council. This policy has been developed:

1. to assist all Council staff members to better manage Unreasonable Complainant Conduct (UCC),

2. to inform Councillors on how UCC will be handled, 3. for the purposes of clear and transparent government in the interests of all members of the

community. REPORT DETAIL: Council is committed to being accessible and responsive to all complainants and the behaviour of unreasonable complainants can have a profound effect on Council’s ability to do so. Unreasonable complainants impact resources and efficiency levels and the productivity, safety and wellbeing of staff. Unreasonable Complainant Conduct can be defined as behaviour by a current or former complainant that, because of its nature or frequency, raises substantial health, safety, resource or equity issues for the parties to a complaint. In 2006 the Australasian Parliamentary Ombudsman began a collaborative project on Managing Unreasonable Complainant Conduct. The focus of this project was to develop clear and practical strategies to help organisations and their staff manage their interactions with complainants whose conduct is identified as unreasonable. One of the key principles and messages underlying the Ombudsman project was the idea that to effectively manage UCC, organisations need to recognise that dealing with it is a core part of complainant handling work. As such UCC must be treated as a priority and given adequate resources, including being supported by clear policies and procedures. Since the publication of the first edition of the Ombudsman Managing Unreasonable Complainant Conduct Practice Manual in 2009 a number of public organisations took steps to develop policies and procedures to assist and support their staff in this regard. While this appears to have led to a general improvement in how UCC is managed, Ombudsman offices across Australasia have observed significant variations in the level of detail and contents of these policies, as well as a general lack of formal procedures to support them. Accordingly, the Ombudsman developed a model policy and procedures to clarify the policy recommendations in relation to the management of UCC. The model policy and procedures attempt to provide a robust, standardised and consistent reference point that organisations can use to inform and support their policy development processes. It is designed to assist organisations to implement systematic and consistent approaches to managing interactions with complainants.


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The approach and the strategies suggested in the model policy and supporting documentation are based on the clear understanding that:

They are equally relevant and applicable to all staff within an organisation including frontline staff, supervisors and senior managers.

All complainants are treated with fairness and respect.

In the absence of very good reasons to the contrary, all complainants have a right to access public services.

All complaints are considered on their merits.

Unreasonable complainant conduct does not preclude there being a valid issue.

The substance of a complaint dictates the level of resources dedicated to it, not a complainant’s demands or behaviour.

Anger is an understandable and, to some degree, an acceptable emotion among frustrated complainants as long as it is not expressed through aggression or violence.

Staff safety and well-being are paramount when dealing with unreasonable complainant conduct.

The decision to change or restrict a complainant’s access to services as a result of their behaviour, will only be made at a senior management level and in accordance with clearly defined policies and procedures.

Senior managers will ensure relevant systems, policies and procedures are in place to manage complaints and UCC and that all staff who interact with complainants will receive training, guidance and direction about using the strategies suggested in this manual.

The attached Draft Bellingen Shire Council Unreasonable Complainant Conduct Policy, which is based on the Ombudsman’s model policy and procedures, has been prepared following discussions with the Ombudsman’s office during various dealings with Council over the last couple of years. The policy, along with Council’s Customer Service Charter and the Complaints Handling Policy form Council’s customer interaction framework. These documents are supported by internal procedures which provide detailed guidance to staff on their application. It is intended that procedures for the Unreasonable Complainant Conduct Policy will be drawn from the model policy and procedures and the Unreasonable Complainant Conduct Manual released by the NSW Ombudsman, including standard templates, scripts and methodologies. Training for relevant staff including supervisors and managers will be progressively rolled out though Council’s induction and learning and development systems and processes. BUDGETARY IMPLICATIONS: There are no budgetary implications in relation to this report. SUSTAINABILITY ASSESSMENT: It is anticipated that greater clarity in the identification of unreasonable complainant conduct and defined policy and processes to enable appropriate handling of unreasonable complainants, will ensure the effective and efficient performance of Council functions and contribute toward the wellbeing and safety of staff. There are no economic or environmental implications. ENGAGEMENT: Implementing the Draft Unreasonable Complainant Conduct Policy is appropriately categorised as having a Level 3 impact (i.e. Lower Impact – Shire Wide). Essential engagement measures for Level 3 impact (Lower Impact – Shire Wide) are to inform and consult.


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There are no specific essential engagement tasks for ‘inform’ or ‘consult’ for Level 3 impact, however it is proposed to place the draft Policy on public exhibition for the purposes of obtaining feedback from the community. SHIRE OF BELLINGEN 2030 COMMUNITY VISION ALIGNMENT: The Draft Unreasonable Complainant Conduct Policy aligns with the following strategic directions within the Shire of Bellingen 2030 Community Vision:

Civic Leadership – Council is an organisation that embraces business excellence

1.4 Best practice, sustainability principles, accountability and good governance are incorporated in all that we do. OFFICERS RECOMMENDATION: That the Draft Unreasonable Complainant Conduct Policy be publicly exhibited for a minimum period of 28 days through notification in the local papers and on Council’s website, with a further report to be presented to Council following the engagement process. ATTACHMENTS: 9.1A Draft Unreasonable Complainant Conduct Policy (DWS 398140)

9.1B Unreasonable Complainant Conduct Manual 2012 NSW Ombudsman (DWS 387299)

9.1C NSW Ombudsman Unreasonable Complainant Conduct Model Policy (DWS 405393)

Report DWS 405730

09.068/13

RESOLVED (Cr Klipin/Cr Harrison) That the Draft Unreasonable Complainant Conduct Policy be publicly exhibited for a minimum period of 28 days through notification in the local papers and on Council’s website, with a further report to be presented to Council following the engagement process. UNANIMOUS


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9.2 T111314MNC TENDER FOR THE MULCHING OF GREEN WASTE AND WOOD WASTE MATERIAL

File/Index: CORPORATE MAANGEMENT: Tendering GA39/T-13-09 Tender for the mulching of Green waste and Wood waste material

Author: Daan Schiebaan, Manager Sustainability & Natural Resources

CONFIDENTIAL ATTACHMENT

REPORT SUMMARY: As a member of the Regional Procurement Initiative, Bellingen Shire Council participated in a tender for the mulching of green waste and wood waste material at the Raleigh and Dorrigo Waste Facilities (BSC Tender Number T-13-09, Regional Procurement Initiative tender number T111314MNC). For Bellingen Shire Council, this tender only applies for organic material containing large root balls and tree stumps and associated foliage (possibly containing trace soil), large flood waste, large branches and logs over 1.2m long and 200mm diameter, untreated wood waste and pallets derived from construction and demolition waste. It therefore only includes green waste and wood waste that, due to specifications, is currently not under contract for treatment at the Coffs Harbour Regional Resource Recovery Facility. This report outlines the tender process and outcomes and makes recommendations on the appointment of the successful Tenderer. REPORT DETAIL: Regional Procurement® has called an open tender for the supply and delivery of Mulching of Green Waste and Wood Waste material to participating MidWaste member councils, in accordance with Clause 166(a) of the Local Government (General) Regulation 2005. The evaluation was conducted in accordance with the Local Government Tendering Guidelines, Regional Procurement® Tendering Code of Conduct and Tendering Evaluation Principles and Process. Confidentiality and probity were maintained throughout the process.

Participating MidWaste member councils in this tender which have signed a Letter of Participation are;

Bellingen Shire Council;

Gloucester Shire Council;

Great Lakes Council; &

Kempsey Shire Council. The stockpiling of green waste and wood waste at Bellingen Shire Council’s waste facilities is an on-going site management issue. Our current arrangement allows for the removal of general garden waste and smaller wood waste to be composted at the Coffs Harbour Regional Resource Recovery Facility from the Raleigh Waste facility. No such arrangement exists for the Dorrigo Waste Facility. Therefore the oversized organic material which comprises of root balls and tree stumps and associated foliage (possibly containing trace soil), flood waste, large branches and logs over 1.2m long and 200mm diameter, untreated wood waste and pallets derived from construction and demolition waste are currently stockpiled on both the Dorrigo and Raleigh waste facilities. These oversized material stockpiles (largely from flood damage) present issues such as leachate risk and potential self-combustion. Further, large costs are currently incurred due to the difficulty of getting appropriate contractors to carry out this service due as the stockpiles are small in size (relative to other councils).


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The NSW Environment Protection Authority (EPA) classifies these stockpiles as a leachate generation risk and has restrictions in place regarding the management and disposal of such materials. The material is unable to be utilised on site due to the leachate generation issues and cannot be burnt off as our licence contains a clause preventing the burning of any green waste materials on site. These requirements reduce the management options for this material. Conflict of Interest declarations Declarations were signed by all attendees and have been retained by Regional Procurement for records purposes. Tender Dates The duration of the contract is 21 months, from 1 January 2014 to 30 September 2015. The contract timeframe has been selected to coincide with all other MidWaste regional contracts that Council is part of.

As part of the Tender Specification document, Regional Procurement provides the successful tenderer/s with all relevant information ie: when each council is set to start the contract at their respective sites.

A one year option may be taken up based on satisfactory performance by the successful tenderers. The option to extend is taken up by Regional Procurement Initiative on behalf of the participating Councils following feedback from the participating councils on the contract.

The tender was advertised in the following media:

Sydney Morning Herald and TenderLink on Tuesday 1 October 2013

Newcastle Herald 5 October 2013 Tenders closed at 10.00am on Tuesday 29 October 2013.

There were no changes to the conditions of tender or advertising period.

Tender Evaluation Methodology The % weightings and criteria were agreed upon by all participating MidWaste member prior to the tender closing. These weightings are listed in the tables below.

CRITERIA %

Tender Price – Mulching cost per m/3 total 50

Tender Price – Establishment 10

Physical Resources (Plant & Equipment) 10

Referees 5

Quality Assurance 5

WH&S 5

Customer Service 5

Previous Experience 5

Ecologically Sustainable Development 5

Total 100

The % weightings and criteria were agreed upon prior to the tender closing.

The evaluation result is determined by:

Determining the lowest overall price applicable to each tenderer by calculating the total m3 mulching costs associated with a ‘milk run’ scenario based on the sum total volume on a council by council basis for all participating MidWaste member councils.


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Calculating the total Establishment and Relocation costs for each participating MidWaste member council taking into account any applicable discounts and surcharges

The lowest overall amounts for the items mentioned above are awarded the full Criteria % for applicable Tender Price Categories as per the Table

Each subsequent total $ value is then divided into the lowest total amount to obtain a score.

The tenderer’s ability to meet specific requirements of the remaining evaluation criteria as determined by the panel as indicated in the confidential report.

Regional Benefits

The evaluation panel also considered the regional benefits of accepting one tenderer to service all participating MidWaste member councils. Such benefits include but are not limited to:

o Ability to achieve a uniform approach to the provision of this service throughout the region.

o Additional discounts being applicable where all participating member councils accept the same tenderer.

Tenders Received

Three (3) tenders in total were received from:

Davis Earthmoving & Quarry Pty Ltd

Ree Tee Investments Pty Ltd as Trustee for the Ree Family Trust t/as Woody Woodpekers Tree Services

One late tender was received by Aegina Pty Ltd t/as ARG Trees (received 3:56pm 29 October 2013). This tender was therefore not assessed by the panel.

Price schedules The pricing schedules for each category are shown in the tables presented in the confidential attachment.No:2. These attachments have been made confidential in accordance with section 10A.2.(d).(i) of the Local Government Act 1993 (commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it).Details the pricing matrix used to derive the price scores is included in these attachments The Prices shall be fixed for the first 9 months of the Agreement. Rise and fall is not permitted during this period. Regional Procurement will, at the completion of the first 9 months of this tender, and then every 12 months thereafter, vary the Price of the Services in line with the CPI as per the formula indicated in Clause 3.4.4. In this clause “CPI” means the Consumer Price Index, Australia Catalogue number 6401.0, All Groups (a) Sydney, http://www.abs.gov.au/ausstats/[email protected]/mf/6401.0

Tender de-brief: Regional Procurement® will formally invite all unsuccessful tenderers to make an appointment to discuss their respective tender submissions with a view to providing them with feedback on the tender process.

BUDGETARY IMPLICATIONS: The total annual estimated cost for the mulching of green waste and wood waste material at the Raleigh and Dorrigo Waste Facilities is approximately $55,000 per annum or approximately $105,000 over the 21 month term of the contract. For the remainder of 2013/14 financial year this will be funded from the waste reserve and this will be a budgeted item under the 2014/15 annual waste budget.


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This estimate is based on an approximate estimate of volumes of green waste and wood waste at the Raleigh and Dorrigo facilities. Historical data was not available unfortunately. Notwithstanding this, Council is not in any way bound by these estimated volumes to the successful tender and the volumes of green waste and wood waste provided are considered a very generous estimate. Regional Procurement will receive a management fee to the value of 1.75% for this contract which is paid directly by the recommended successful tenderer and equates to approximately $1837.50 for the 21 month contract. This fee arrangement is the standard arrangement for regional procurement. SUSTAINABILITY ASSESSMENT: This tender contributes to Council’s ability to have positive economic, environmental and social impacts as waste services has been identified as a matter of high importance to the community in the recent community satisfaction survey. Due to the smaller volumes of green waste and wood waste at Council’s waste facilities, being part of a regional tender will enable Council to have a more consistent and frequent rate of mulching from Council’s waste facilities. This will ensure there is improved operational and environmental management of the sites. The mulched materials will applied to Council waste facilities for the stabilisation of batters, and where appropriate, used for Council re-vegetation projects. ENGAGEMENT: The Bellingen Shire Council Community Engagement Strategy was adopted by Council at its Ordinary meeting of 22 February 2012. This Strategy is designed to outline the approach Bellingen Shire takes towards engaging with our community. Having regard to the Category tender for the mulching of green waste and wood waste is appropriately categorised as having a LEVEL 3 impact (i.e. Lower impact – Shire wide). The Manager Sustainability and Natural Resources consulted with representatives MidWaste member councils as well as the Waste Project Officer, Manager Governance and Engagement, Procurement Officer and the Deputy General Manager Corporate and Community Services as part of this tender. SHIRE OF BELLINGEN 2030 COMMUNITY VISION ALIGNMENT: This project/initiative aligns with the following strategic directions within the Shire of Bellingen 2030 Community Vision:

Living Environment – We reduce, reuse and recycle;

Living Environment - We live sustainably and reduce our ecological footprint and contribution to climate change; &

Civic Leadership – Our Council is an organization that embraces business excellence. OFFICERS RECOMMENDATION: 1. That Woody Woodpeckers Tree Services be appointed as the preferred contractor to

provide this service to participating MidWaste member councils for the nominated period 1 January 2014 to 30 September 2015 (21 months).

2. That provision for a 12 month extension to this term, subject to satisfactory contractor performance, be allowed for which may take the contract term through to 30 September 2016


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3. That Council authorise Hunter Councils Inc (through its Regional Procurement Initiative) to execute the Deed of Agreement for a standing offer contract on behalf of Council.

ATTACHMENTS: 9.2A & 9.2B CONFIDENTIAL ATTACHMENTS

(This attachment has been made confidential in accordance with section 10A.2.(d).(i) of the Local Government Act 1993 (commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it).Details the pricing matrix used to derive the price scores is included in these attachments Confidential Attachment - Regional Procurement Initiative = 397033 GM Confidential Evaluation Report = 397033 GM Report DWS 405728

09.069/13

RESOLVED (Cr Scott/ Cr Harrison) 1. That Woody Woodpeckers Tree Services be appointed as the preferred contractor to

provide this service to participating MidWaste member councils for the nominated period 1 January 2014 to 30 September 2015 (21 months).

2. That provision for a 12 month extension to this term, subject to satisfactory contractor performance, be allowed for which may take the contract term through to 30 September 2016

3. That Council authorise Hunter Councils Inc (through its Regional Procurement

Initiative) to execute the Deed of Agreement for a standing offer contract on behalf of Council.

UNANIMOUS


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10 MINUTES FROM ADVISORY COMMITTEES

10.1 MINUTES – ECONOMIC AND BUSINESS DEVELOPMENT ADVISORY COMMITTEE – 13 November 2013

File/Index: Corporate Management (Meetings) Advisory Committee

Author: Stuart Allardice, Manager Economic & Business Development

REPORT SUMMARY: This report presents the minutes of a meeting of the Economic & Business Development Advisory Committee (EBDAC) held on 13 November 2013. REPORT DETAIL: A copy of the Minutes of the Economic & Business Development Advisory Committee meeting held on 13 November 2013 is distributed with this Business Paper for the information of Councillors. BUDGETARY IMPLICATIONS: There are no budgetary implications for this report. 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 Committee provides a forum for open discussion, debate and education on social issues with community and stakeholder groups. SHIRE OF BELLINGEN 2030 COMMUNITY VISION ALIGNMENT: This project/initiative aligns with the following strategic directions within the Shire of Bellingen 2030 Community Strategic Plan:

Community wellbeing

A diversity of cultural and artistic activities are available across the Shire.

Civic leadership

We are proactive in supporting, through representation and celebration, the needs

and desires of the community.

OFFICERS RECOMMENDATION: That the Minutes of the Economic & Business Development Advisory Committee meeting of 13 November 2013 be received and the recommendations adopted. ATTACHMENTS: There are no additional attachments for this report. Minutes Economic & Business Development Advisory Committee – 13 November 2013 (DWS 405569) Report DWS 405570


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10.004/13

RESOLVED (Cr Harrison/Cr Troy) That the Minutes of the Economic & Business Development Advisory Committee meeting of 13 November 2013 be received and the recommendations adopted. UNANIMOUS


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MINUTES OF ECONOMIC AND BUSINESS DEVELOPMENT ADVISORY

COMMITTEE

13 November 2013, at Bellingen Shire Council

PRESENT:

Cr G Manning [Chair], Robert Hawkins, Kerry Johnston, Maggie Porter and Guy Saddleton Apologies: David Scott

In attendance:

Stuart Allardice [EO]

1. Welcome and Apologies: Cr Manning welcomed everyone to the meeting of the Economic and Business

Development Advisory Committee and offered a special welcome to Guy Saddleton, as

a new member and Maggie Porter who was attending her first meeting.

2. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETINGS:

There were two [2] alterations to the previous minutes. Kerry Johnson noted the correct

spelling of her name and asked for the phrase –“use of the Coffs Harbour model of

development” to be deleted from her comments.

The minutes of the last meeting of the Economic and Business Development Advisory Committee were presented and adopted. Recommendation – That the minutes of the previous meeting held on 13 November 2013, copies of which have been previously circulated were adopted, subject to the amendment outlined above. (Cr Gordon Manning/ Kerry Johnston). Motion carried.

3. MATTERS ARISING FROM THE MINUTES OF THE PREVIOUS MEETING:

None.

4. GENERAL BUSINESS: The discussion opened with Kerry Johnston speaking about the general position of the Shire. It was stated in a number of reports that the population growth in the Shire over the next 20 years would be limited There needed to be expanded development opportunities to grow the population within the Shire.


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Other Committee members spoke of a need to balance development with sustainability and to protect the lifestyle aspects of the Shire. The Committee agreed a key element to the development of the Shire, would be the connection of sewage to more areas within the Shire eg Raleigh Industrial Park. If connected to this particular area, the whole estate would be better placed to take advantage of the new highway up grade passing its front door. It was also commented on, that an opportunity existed to at least investigate the possibility of running a sewage pipe under the new highway during the construction phase1. There was also discussion around the current Economic and Tourism Development Plan and the need to revise the plan in light of new developments. It was agreed to look at a number of major projects such as sewage to be included in the plan. It was also suggested that the plan was to be written in conjunction with other Council plans such as Waste, Sewage and the Employment Lands Strategy. Cr Manning suggested that in light of the adoption of the Employment Lands Strategy, Council has a document which makes no reference to the development and installation of sewage in the Shire especially the Raleigh Industrial Area. The Committee then discussed an action plan to be developed to include the sewage issue Action item – Council’s Deputy General Manager Corporate and Community to further investigate this matter through discussion with the Deputy General Manager Operations. Deputy General Manager Operations to then respond to this matter in writing. Economic Development Plan The Committee also suggested that the current Economic Development and Tourism Plan be reviewed and upgraded to reflect the current and future demands of the Shire. The Committee also agreed that the sewage issue should have a high priority in the new plan.

Action item - Cr Manning to discuss with Council’s Deputy General Manager Corporate and Community about revising and updating the current Economic Development and Tourism Plan. Arts and Cultural/Tourism Maggie Porter spoke about the following: 1. The lack of interaction between the Arts and Cultural Committee and the EBDAC.

2. The connection between festivals and the community and the economic stimulus

they bring.

3. Maggie spoke about the importance of tourism and it associated economic benefit to the community.

4. How we [as a committee] can capture the information on festivals to gain a better

understanding of their value to Bellingen Shire both from an economic and social aspect.

1 Council’s Manager Water and Sewer is currently investigating this option.


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Action – Deputy General Manager Corporate and Community to further investigate the listed points for a more detailed discussion at the next meeting.

5. CLOSURE Cr Manning closed the meeting at 6.10pm

6. BUDGET REPORT

Nil

7. CORRESPONDENCE IN: Nil

8. NEXT MEETING:

12 February 2014 at Bellingen Shire Council.


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11 CORRESPONDENCE

There are no items of correspondence to be discussed.

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

There were no requests to affix the Common Seal of Council.


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13.1 REPORT ON INVESTMENTS AS AT 30 NOVEMBER 2013

File/Index: Financial Management/Investments

Author: Susan Glasson, Manager Finance

REPORT SUMMARY: The purpose of this report is to inform Council about the investment funds held at the end of each month. REPORT DETAIL: This report has been completed in accordance with the NSW Local Government Act 1993 and Clause 212, NSW Local Government (General) Regulation 2005 which requires monthly reporting to Council. Level of Investment Portfolio

Council’s total invested funds have ranged between $26.61 million at December 2012 and $27.22 million at November 2013. As can be seen by the graph below there have been no significant spikes during this period.


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Weighted Average Interest Rate

The following graph reports the Weighted Average Interest Rate for the twelve months to 30 November 2013.

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. Council does not make unpredictable investment decisions or become engaged in any speculative investments. Given the investment losses in Local Government, Council holds a conservative portfolio. This conservative portfolio has held Council on a secure path and it is to be noted that Council redeemed its managed funds in November/December 2007. Due to this prudent decision Council has not been impacted by large investment losses unlike many other NSW councils. Due to the Global Financial Crisis the Federal Government currently supports a Government Guarantee on certain investments. Until this Government Guarantee ceases, all investments are limited to Australian financial institutions that provide the Government Guarantee and those investments allowed under the Ministerial Investment Order. Upon cessation of the Government Guarantee all investments are to be limited to the major banks and those investments allowed under the Ministerial Investment Order.

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BUDGETARY IMPLICATIONS: There are no budgetary implications to be reported. Interest is reviewed as part of the quarterly budget review process. If during this analysis there is a need for a budget adjustment, details will be provided in the Quarterly Budget Review Report. 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: To address the requirements of Council’s Community Engagement Strategy and NSW Local Government Act 1993, Council has consulted with first and second tier banks. SHIRE OF BELLINGEN 2030 COMMUNITY VISION ALIGNMENT: This project/initiative aligns with the following strategic directions within the Shire of Bellingen 2030 Community Vision: Civic Leadership – Strategic Direction 1.4 – Best practice, sustainability principles, accountability and good governance are incorporated in all that we do. OFFICERS RECOMMENDATION: That the report indicating Council’s investment position as at 30 November 2013 be received and noted. ATTACHMENTS: There are no additional attachments for this report. Report DW 405008

13.011/13

RESOLVED (Cr Scott/Cr Harrison) That the report indicating Council’s investment position as at 30 November 2013 be received and noted. UNANIMOUS

BELLINGEN SHIRE COUNCIL – AGENDA - ORDINARY MEETING OF COUNCIL 18 DECEMBER, 2013

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Financial Institution Date Invested Maturity Date Days Rate Amount % of Portfolio

On-Call/ CMT Accounts

NAB Cash Maximiser - 082551 751758234 365 2.35% 1,211 0.00%

NAB Cash Maximiser - 082551 751758242 365 3.04% 668,826 2.46%

670,037 2.46%

Term Deposits

National Australia Bank - 15-633-0241 10-October-2013 10-April-2014 182 3.85% 2,000,000 7.35%

National Australia Bank - 129190992 05-June-2013 05-December-2013 183 4.09% 750,000 2.76%

National Australia Bank - 136894170 14-June-2013 14-December-2013 183 4.12% 2,000,000 7.35%

National Australia Bank - 15-116-2621 11-October-2013 12-February-2014 124 3.81% 3,500,000 12.86%

National Australia Bank - 15-045-0058 02-October-2013 02-April-2014 182 3.85% 1,500,000 5.51%

National Australila Bank - 15-434-3997 02-June-2013 02-January-2014 214 4.14% 3,000,000 11.02%

National Australia Bank - 94-618-8163 07-August-2013 07-January-2014 153 3.92% 800,000 2.94%

National Australia Bank - 94-907-1438 09-September-2013 11-December-2013 93 3.85% 500,000 1.84%

National Australia Bank - 94-887-6533 05-September-2013 06-March-2014 182 3.85% 1,500,000 5.51%

National Australia Bank - 39-439-7126 14-November-2013 12-February-2014 90 3.78% 2,000,000 7.35%

ANZ Banking Group - 971075574 28-November-2013 28-February-2014 92 3.65% 500,000 1.84%

Westpac Bank - COUPONSC-SYD-2060331 7th Sept 2016 * 09-September-2013 09-December-2013 91 3.57% 2,000,000 7.35%

Westpac Bank - COUPONSC-SYD-1745052 2nd Dec 2015 * 02-September-2013 02-December-2013 91 3.76% 1,000,000 3.67%

Westpac Bank - COUPONSC-SYD-2105082 10th Oct 2014 * 10-October-2013 10-January-2014 92 3.09% 1,000,000 3.67%

Westpac Bank 032576 383661 07-June-2013 07-December-2013 183 4.13% 1,000,000 3.67%

Total A1+ Deposits 23,050,000 84.68%

Rabobank 24-July-2013 22-January-2014 182 4.15% 500,000 1.84%

ING 25-November-2013 26-May-2014 180 3.81% 1,000,000 3.67%

AMP 13-September-2013 13-December-2013 91 3.80% 1,000,000 3.67%

Total A2 Deposits 2,500,000 9.18%

ME Bank 06-November-2013 06-March-2014 120 3.63% 1,000,000 3.67%

Total A2 Deposits 1,000,000 3.67%

Average Interest Rate 3.73% 27,220,037 100.00%

S M Glasson

Responsible Accounting Officer Date 30 November 2013

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.

Schedule of Investments

This Report is at date 30 November 2013

* 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 period is covered in the "Date Invested"and Maturity Date"" columns. The end investment maturity

date is shown in the Financial Institution column.


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13.2 DEPUTY GENERAL MANAGER’S PROGRESS REPORT

File/Index: Operations Council Reports

Author: Stephen Taylor, Deputy General Manager Operations

REPORT SUMMARY: This report provides information to Councillors on Council’s performance in relation to services supplied by Council’s Operations Division. REPORT DETAIL: The following details accomplishments for the month of November and also includes proposed works for December 2013: Asset Management and Design Section – November 2013

Ongoing supervision of Bowraville Road slip restoration contract. These works are programmed to be completed in December.

Ongoing consultation and review of design and environmental plans for highway upgrade from Nambucca Heads to Urunga.

Liaison with Rally Australia and associated planning for the World Rally Championships 2014.

Survey location of water and sewerage infrastructure.

Survey investigation for flood damage slip restoration works on Kalang Road and Darkwood Road.

Issue of brief for Lower Bellinger and Kalang River Flood Study Revision.

Data collection in relation to condition assessment of the sealed road network as part of the revision of the Road Asset Management Plan.

Road Maintenance

Grading and drainage works have been undertaken on Bowraville Road.

Slipwork and flood repair works which involves the reduction of the batter with some removal of trees on Darkwood Road in the vicinity of Leans Bridge.

Slashing operations in Dorrigo and Bellinger Valley continuing ie Waterfall Way, Gleniffer, Tyringham Road and surrounding roads in Dorrigo.

Bitumen patching has been carried out on Martells, Bowraville, North Bank and Darkwood Roads.

Vegetation removal from Waterfall Way.

Vegetation removal on roads in the Gleniffer area. Road & Bridge Construction

Inspection is continuing of all Council bridges.

Replacement of bridge caldwells, partial timber decking and supporting beams are continuing on Cutback Bridge on Tyringham Road, Dorrigo.

A detailed assessment of all structural timbers on Newry Island Bridge is being undertaken by Timber Restorations Systems Pty Ltd. This includes underwater assessment of the piles. Divers engaged also investigated Lavenders Bridge. A report on renewal options is envisaged to be presented for consideration to Council’s Ordinary Meeting in January 2014.

Arrangements are currently being undertaken to reduce the load limit on Newry Island Bridge to 3 tonnes.

Detailed weekly site inspections are continuing to be undertaken on Newry Island Bridge.

Road Maintenance Council Contract

Reconstruction of Waterfall Way at Fernbrook north of Dorrigo is continuing.


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Routine maintenance currently underway on full length of Waterfall Way (guidepost and sign repair).

Construction of stormwater pit on Waterfall Way, Dorrigo.

Other

Improvements to the pathway at Dangar Falls and construction of a labyrinth. Water and Sewerage: Sewer:

Desludging at Bellingen Sewerage Treatment Plant.

Two sewer chokes in Lyon Street which necessitated the use of Council’s camera along the whole line to identify the exact location of the fault.

Pumping water off top and bottom lagoons at Bellingen Treatment Plant as a result of the recent rains.

Installation of sewer pump at Connell Park amenities.

Water:

Quarterly water meter readings throughout the Shire.

Mains renewal on Alex Pike Drive, Raleigh.

General:

Council’s OSMS Officer has been undertaking maintenance of the OSMS Register in Council’s CivicView system. This will result in a complete and up to date register of all known OSMS in the Bellingen Shire to allow for accurate financial forecasting.

Seventeen infringements were issued during the month of November consisting of 10 parking infringements, 4 companion animals and 3 pollution offence infringements.

Fifteen registrations of companion animals occurred with 14 dogs and one cat being registered with Council.

Land Information Service:

Preparation of data in Council’s Land Information System for the Department of Planning e-Housing Code.

Collection of data for constructing sewer models for the 3 sewer schemes.

Processing of subdivision plan registration into Council’s Civicview Land Information System. 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 (eg farm shed), infrastructure and any other development not categorised above.


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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 100 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. Development Application Listing – Bellingen Shire Council Application Reference

Application Description Value of Application

2013/DA-00104 Continued Use – Dwelling Additions (Verandah & Bathroom)

$

0

2013/DA-00119 Dwelling alteration & Additions $ 40,000

2013/DA-00121 Shed $ 28,858

2013/DA-00128 Stage 1: Dwelling, shed, driveway and carport and drainage

$

248,000

2013/DA-00130 Dwelling Addition (bedroom, ensuite, study & store $ 100,000

2013/DA-00131 Dwelling $ 300,000

2013/DA-00132 Farm shed $ 17,460

2013/DA-00133 Dwelling addition – verandah $ 18,000

2013/DA-00134 Tree removal (x 10 Flooded Gums) $ 3,000

2013/DA-00140 Dwelling additions (verandah) $ 25,000

2013/DA-00141 Temporary food stall $ 0

2013/DA-00144 Shed alterations and additions $ 18,000

2013/DA-00145 Tree removal (x 1 Sydney Blue Gum) $ 4,000

2013/DA-00146 Shed $ 44,740

2013/DA-00148 Dwelling $ 226,746

2013/DA-00151 Dwelling additions, carport & extend garage to create storeroom

$

44,000

2013/DA-00161 Tree removal (x 2) $ 5,000

No of Applications: 17 Total Value $ 1,122,804

Review of Planning and Regulation As advised in a report submitted to Council at its meeting of 24 July 2013, titled “Redetermination of the Organisation Structure”, Council has engaged Blackadder Associates to undertake a detailed review of the Planning and Regulation functions and structure. A discussion paper has been circulated to Council staff and their comments were sought. A summary of their comments is currently being prepared.


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Numbers

Year

July August September October November December January February March April May June

09/10 Financial Year 47 29 24 15 27 23 3 13 31 10 14 19

10/11 Financial Year 33 23 23 26 28 13 18 24 19 21 20 24

11/12 Financial Year 16 24 17 15 26 20 7 14 11 16 17 15

12/13 Financial Year 9 16 16 12 22 16 5 8 14 11 11 12

13/14 Financial Year 16 18 13 14 17


09/10 Financial Year 85.1 55.8 74.5 35.7 66.6 59.7 61.3 67 60.6 95.4 56.5 52.8

10/11 Financial Year 76.6 54.4 71.4 60.2 57.9 83.1 82.6 66 69.1 53.6 68.6 52.1

11/12 Financial Year 52.8 31.8 76.2 39.6 91.5 53.1 56.1 46.5 46.6 54.7 66.2 39.5

12/13 Financial Year 51 69.4 74 26.8 67.5 55.1 32 46.3 57.4 72.3 36.8 47.3

13/14 Financial Year 23 45.1 50.9 74.8 46.7


09/10 Financial Year 89.98 59.28 110.08 51.2 144.11 100.35 145.33 117.92 121.26 118.4 88.14 76.32

10/11 Financial Year 93.85 78.48 117 83.58 84.82 104.15 116.78 91.33 76.89 103.86 105 61

11/12 Financial Year 76.94 43.79 86.18 58.5 114.6 63.2 72.3 62.2 98 67.6 77.8 47.4

12/13 Financial Year 79.9 100.5 96.9 58.8 74.1 81.1 42.2 73.5 74.1 103.2 46.4 53.3

13/14 Financial Year 65.6 57.9 57.8 96.8 49.6

09/10 Average 64.25 64.25 64.25 64.25 64.25 64.25 64.25 64.25 64.25 64.25 64.25 64.25

10/11 Average 66.30 66.30 66.30 66.30 66.30 66.30 66.30 66.30 66.30 66.30 66.30 66.30

11/12 Average 57.70 57.70 57.70 57.70 57.70 57.70 57.70 57.70 57.70 57.70 57.70 57.70

12/13 Average 55.20 55.20 55.20 55.20 55.20 55.20 55.20 55.20 55.20 55.20 55.20 55.20

13/14 Average 10.00 10.00 10.00 10.00 10.00

09/10 Financial Year 15.67 9.67 8.00 5.00 9.00 7.67 1.00 4.33 10.33 3.33 4.67 6.33

10/11 Financial Year 11.00 7.67 7.67 8.67 9.33 4.33 6.00 8.00 6.33 7.00 6.67 8.00

11/12 Financial Year 5.33 8.00 5.67 5.00 8.67 6.67 2.33 4.67 3.67 5.33 5.67 5.00

12/13 Financial Year 3.00 5.33 6.67 5.00 9.17 6.67 2.08 3.33 5.83 4.58 4.58 5.00

13/14 Financial Year 5.33 6.00 5.42 5.83 7.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00

Determination per Officer (Calculated)

Number Application Determined

Net Processing Times

Gross Processing Times

Yearly Processing Average Times (Calculated)


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BUDGETARY IMPLICATIONS: The outlined works are within the current annual operating plan or subject to flood damage applications in relation to the 2013 events. SUSTAINABILITY ASSESSMENT: The 2013 floods have caused economic, environmental and social impacts. Council’s response to these events has attempted to minimise any impacts. In other areas of this report, there are generally no economic, environmental and social impacts.


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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:

Production of community newsletters and website updates.

Consultation was also undertaken with Roads and Maritime Services, Environmental Protection Agency, Public Health Unit and NSW Office of Water.

SHIRE OF BELLINGEN 2030 COMMUNITY VISION ALIGNMENT: These projects/ initiatives align with the following strategic directions within the Shire of Bellingen 2030 Community Vision.

Civic Leadership:

“High quality services to the community and cost effective solutions are delivered”.

“Best practice sustainability principles, accountability, and good governance are incorporated in all that we do”.

OFFICERS RECOMMENDATION: This report be received and noted. ATTACHMENTS: There are no additional attachments for this report. Report (DWS 405362)

13.012/13

RESOLVED (Cr Scott/Cr Harrison) This report be received and noted. UNANIMOUS


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14 MATTERS OF AN URGENT NATURE

There are no matters of an urgent nature.

15 QUESTIONS WITH NOTICE

There were no Questions with Notice received for this Agenda.

16 COMMITTEE OF THE WHOLE

There are no items for the Committee of the Whole.


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17 REPORT ATTACHMENTS 8.2A PLANS ......................................................................................................................... 37

8.2B SUBMISSIONS ............................................................................................................ 37

9.1A DRAFT UNREASONABLE COMPLAINANT CONDUCT POLICY (DWS 398140) ...... 48

9.1B UNREASONABLE COMPLAINANT CONDUCT MANUAL 2012 NSW OMBUDSMAN

(DWS 387299) .............................................................................................................. 48

9.1C NSW OMBUDSMAN UNREASONABLE COMPLAINANT CONDUCT MODEL POLICY

(DWS 405393) .............................................................................................................. 48

9.2A & 9.2B CONFIDENTIAL ATTACHMENTS ...................................................................... 53

Meeting concluded: 11.10am Signed: Cr Mark Troy CHAIRPERSON