minutes - ordinary council meeting of kempsey shire

This is page 1 of the full text minutes of Kempsey Shire Council ordinary meeting held 21 June 2016.

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 21 June 2016 commencing at 9.03am. PRESENT: Councillors E A Campbell (Mayor and Chairman), E A Green, S E McGinn, B J Morris, A P Patterson, D F Saul, A T Shields and A J Williams General Manager, D L Rawlings; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Director Corporate Management, D B Hagger; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson.

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

2 ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LAND OWNERS “Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”.

3 APOLOGIES

2016.109 RESOLVED Moved: Cl. Patterson Seconded: Cl. Williams That the apology submitted by Councillor Kesby for non-attendance at the meeting be accepted and leave of absence granted.

4 DECLARATIONS OF INTEREST Councillor McGinn declared a non-pecuniary significant interest in item 1 for the reason that she lives on Belmore River and has lodged an objection to the DA to increase extraction rate. Mayor Campbell declared a non-pecuniary, non-significant interest in Item 4 as the Infrastructure program included in the 2016/2017 Draft Operating Plan includes rehabilitation of Union Lane and Laurels Avenue, East Kempsey, as she is a resident of this area.


5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2016.110 RESOLVED Moved: Cl. Green Seconded: Cl. Saul That the confidential reports be considered in the confidential section of the meeting.

6 CONFIRMATION OF MINUTES

2016.111 RESOLVED Moved: Cl. Saul Seconded: Cl. McGinn That the minutes of the ordinary meeting of Kempsey Shire Council dated 17 May 2016 be confirmed.

7 CITIZENSHIP CEREMONIES Nil

8 PUBLIC FORUM / PRESENTATIONS Presentation

Mr Bill Larkin - Council’s Ecologically Sustainable Development Officer conducted a presentation on the Rudder Park Flying Fox Camp – Issues and Management Public Forum 1 - Ms Delma Buczko addressed Council speaking in relation to a non-agenda item – update

on the Government funding for removal of bat colony. Presentation

Mr Robert Scott gave a presentation on 2016 storm surge impact on the shire coastline. Public Forum 2 - Mr Steve Rowe addressed Council speaking against Item 1 - Increase in Annual

Extraction Rate at the Existing Sand Quarry, 153 Tea Tree Lane, Belmore River

2016.112 RESOLVED Moved: Cl. McGinn Seconded: Cl. Morris That Mr Rowe be granted an extension of time to complete his presentation.


3 - Mr Steve Wink addressed Council speaking for Item 1 - Increase in Annual Extraction Rate at the Existing Sand Quarry, 153 Tea Tree Lane, Belmore River

At this stage 10.36am the meeting adjourned for morning tea and upon resumption at 10.56am all present at the adjournment were in attendance.

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

2016.113 RESOLVED Moved: Cl. McGinn

Seconded: Cl. Morris That the Agenda Order of Business be adopted and the late reports be considered in conjunction with the relevant Councillor or Community Strategic Plan reports. Item 16 was withdrawn at the request of Councillor Morris.

10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS

2016.114 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the report addressed in public forum not be brought forward.

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

2016.115 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That recommendations in items 7 – 15, and 18 - 19 be adopted.

ITEM 7 CHANGES TO PROJECT REPORTING Contact Person: David Rawlings – General Manager File: F12/423-05

PURPOSE To improve the timeliness of reporting on Operating Plan projects.

2016.116 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green 1 That Council move to a system of reporting changes to the Operating Plan through

individual reports. 2 That a six-monthly information report present the changes in a consolidated format to meet

the legislative reporting needs.


3 That the six-monthly report include a report on projects completed, focussing on how the

project was achieved against original budget timeframes and expected outcomes. ISSUES

The current reporting intervals are spaced too far apart. This means that change reporting is not current and can occur after the time where options exist to make other decisions. Councillors are not being informed of issues within timeframes considered reasonable.

Monthly reporting of progress on all items, as was previously tried, proved unproductive with a lot of resources being used without the information being utilised.

It is difficult for councillors to focus on significant issues if they are included in a long report with multiple issues within it. The block resolution approach Council has adopted allows Council to efficiently make changes that are agreed to on an individual basis.

As a result, it is planned to have individual reports developed to go to the meeting as soon as the information is available that a change is needed.

There will still be a need for formal reporting on the overall Operating Plan so that there is a document that collates the current situation that councillors can review.

It is expected that the changes will increase the workload of staff by around 60 hours per annum or at a cost of around $8,000 with 80% of this cost related to the close out reports. This would be implemented as a management action in any event as it is considered valuable.

BACKGROUND

The current system follows the requirements of the guidelines and regulations with reports at six- monthly intervals.

Staff will also be working on a project to look at changing reporting to focus on KPIs and verbal presentations on recent significant actions and what is planned for the next six weeks following the council meetings. This has not been developed yet, but will complement the proposed reporting changes above.

ITEM 8 TENDER FOR SUPPLY AND DELIVERY OF UNCRUSHED GRAVEL – 2016/2017 UNSEALED ROADS PROGRAM

Contact Person: Tony Green – Manager Engineering Works File: TQE16/7

PURPOSE To consider and accept tenders for the supply and delivery of uncrushed gravel for the purpose of gravel resheeting works for the 2016/2017 Unsealed Roads Program. Works are planned on the following roads: Rainbow Reach Road, Pipers Creek Road, Spooners Avenue (three locations), Suez Road and Willi Willi Road.

2016.117 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green


1 The tender of Ball’s Earthmoving Pty Ltd be accepted for the supply and delivery of

uncrushed gravel to Willi Willi Road. 2 The tender of Arnway Pty Ltd be accepted for the supply and delivery of uncrushed gravel

to Spooners Avenue (Chain O Ponds Road to Sauls Cowbails Road). 3 The tender of Pacific Blue Metal Pty Ltd be accepted for the supply and delivery of

uncrushed gravel to Pipers Creek Road, Spooners Avenue (Sauls Cowbails Road to Railway Bridge) and Spooners Avenue (Railway Bridge to Collombatti Road).

4 That no tender be accepted for supply and delivery of uncrushed gravel to Rainbow Reach

Road and Suez Road. 5 That the contract documents be executed under the seal of Council. ISSUES

Under s55 of the Local Government Act, Council must invite public tenders to procure goods where

the value of the goods exceeds $150,000. The value of the goods in this case is estimated to be

$600,000. The Local Government (General) Regulation 2005 specifies the method for calling and

accepting tenders. Council is required to consider the recommendations of the tender assessment

panel and resolve to accept a tender or not.

BACKGROUND

Tenders were invited by “Open Tender” in accordance with s167 of the Local Government (General) Regulation 2005 and closed at 2.00pm on Tuesday 26 April 2016. At the close of tenders, six (6) submissions had been received.

1 Arnway Pty Ltd 2 Ball’s Earthmoving Pty Ltd 3 GME Civil Construction 4 Pacific Blue Metal Pty Ltd 5 RA and CM Kemp 6 Thurgood Haulage Pty Ltd

A Tender Evaluation Panel (TEP) was formed which included the Manager Engineering Works and the Technical Support Officer, Engineering Works. All tenders were found be conforming to the specification and were therefore evaluated against the assessment criteria nominated in the tender documents, which were:

• Price/Tonne delivered to each work site • Previous performance in delivering material to meet council‘s work schedule


• Durability of material • Ease of working to break material down on-site to a suitable surface.

Evaluation and price analysis of the tenders received was undertaken by the TEP. The tender

assessment report and analysis are included in (Confidential Appendix A – Page 1). This appendix is submitted on a confidential basis as it involves information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business. (Local Government Act 1993, section 10A(2)(c)). On balance, the public interest in preserving the confidentiality of the commercial information supplied, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting. Since the calling of tenders, Council has been offered surplus material from the Pacific Highway Frederickton to Eungai Upgrade project that could be suitable for gravel resheeting. The material is available free of charge and could be delivered to each site for the cost of loading and transportation only. There are limited quantities available and the material could be used viably at Rainbow Reach Road and/or Suez Road, subject to testing and trials confirming its suitability. The TEP concluded that having regard to the tenders submitted and assessment using the nominated criteria, the following tenders, having regard to all the circumstances, appear to be the most advantageous:

• The tender of Ball’s Earthmoving Pty Ltd in the amount of $13.80/tonne for Willi Willi Road • The tender of Pacific Blue Metal Pty Ltd in the amounts of $12.65/tonne for Pipers Creek Road

and $13.40/tonne for Spooners Avenue (Sauls Cowbails Road to Collombatti Road) • The tender of Arnway Pty Ltd in the amount of $13.20/tonne for Spooners Avenue (Chain O

Ponds Road to Sauls Cowbails Road Road).

ITEM 9 PROPOSED RENAMING OF THE PACIFIC HIGHWAY – FREDERICKTON INTERCHANGE TO STUARTS POINT INTERCHANGE

Contact Person: Robert Scott – Director Infrastructure Services File: F12/650-05

PURPOSE To adopt a name for the former Pacific Highway between Frederickton Interchange and Stuarts Point Interchange.

2016.118 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green 1 That the name ‘Macleay Valley Way’ be adopted for the section of Pacific Highway

between Frederickton Interchange and Stuarts Point Interchange. 2 That the new road extent and road name be gazetted. ISSUES

Following handover of the old Pacific Highway through Kempsey, Council resolved to rename the road, Macleay Valley Way. This affected the section from South Kempsey to Frederickton. It


was intended to continue this name to Eungai.

The renaming proposal for Frederickton to Eungai was recently advertised and submissions were received. These submissions require council’s consideration before the naming proposal can be completed.

Of the three alternative names suggested in the submission, the two containing ‘Memorial’ would not be accepted by the Geographical Names Board due to the prevalence of this name in surrounding and nearby localities.

The third suggestion of ‘The Old Road’ is not seen as being a unique name that is reflective of the area or of significance to the community. It may also not be supported by the GNB.

BACKGROUND

Council is required to rename the section of the Pacific Highway between Frederickton Interchange and Stuarts Point Interchange.

During the consultation period, council received one submission with alternative suggestions. A

copy of the submission is contained in (Appendix E – Page 322).

ITEM 10 CLASSIFICATION OF LAND OCCUPIED BY THE MACLEAY VALLEY COMMUNITY CARE CENTRE

Contact Person: Robert Scott – Director Infrastructure Services File: F12/657-04, LA3883, LA14064, LA14065

PURPOSE To propose a classification of land in Yaelwood Street, Kempsey, occupied by the Macleay Valley Community Care Centre so that the land reflects its operational use.

2016.119 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That public notice be given pursuant to Section 34 of the Local Government Act to the draft resolution ‘It is intended to classify Lots 1, 2 and 3 DP1133661 (2, 4 and 6 Yaelwood Street, Kempsey) as operational land.’ ISSUES

Council purchased three parcels of land situated at No 2, 4 and 6 Yaelwood Street, Kempsey, some years ago. Whilst the purchase monies for Lots 1, 2 and 3 DP1133661 were exchanged at the time of original purchase, it was recently found that the land transfer documentation was not presented to the Land Titles Office.

As the land transfer is pending, Council needs to classify the land under the Local Government Act.

These parcels of land (and the buildings) are occupied by the Macleay Valley Community Care Centre. Classification as ‘operational’ land is the most appropriate classification as they are used as offices for the purpose of providing services by the Council.

http://www.kempsey.nsw.gov.au/council/meetings/2016/2016-06-21/index.html


BACKGROUND

The Local Government Act 1993, requires councils to classify land upon acquisition as either operational or community land.

The Act requires council to give public notice of a proposed resolution to classify, or reclassify, public land. Following the conclusion of the public notice period, council is to consider any submissions made prior to formally resolving to classify the land.

The whole process is intended to clearly identify what land should be kept for use by the general public (community land) and land which need not (operational land).

ITEM 11 ACQUISITION OF LAND FOR ROAD PURPOSES – COOKS LANE, CLYBUCCA

Contact Person: Robert Scott – Director Infrastructure Services File: F12/1192, LA14548

PURPOSE To purchase land to improve the road alignment of Cooks Lane.

2016.120 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green 1 That compensation in the amount of $34,500 (GST Inclusive) be paid to the owner of Lot

105 DP752409 for the acquisition of that part of Lot 105 DP752409 being Lot 1 DP1208909. 2 That the owner of Lot 105 DP752409 be paid an amount of $3,025(GST Inclusive) being

valuation fees and legal fees incurred arising from the acquisition of Lot 1 DP1208909. 3 That pursuant to Section 377 of the Local Government Act 1993, the General Manager is

delegated authority to sign: a) Contract for Sale/Deed of Acquisition b) The Land and Property Information Transfer form. 4 That Lot 1 DP1208909 be dedicated as public road. ISSUES

As part of the upgrade of the Pacific Highway between Frederickton and Eungai, Cooks Lane at Clybucca was upgraded to a sealed road to enable access for heavy and long vehicles to the main construction site compound. A series of 90 degree bends that existed in Cooks Lane rendered the old alignment unsuitable for use by long vehicles. A temporary road with moderate curves was constructed across private property to provide a suitable alignment.

The continued existence of the temporary road is considered to be of community benefit. An agreement has been reached with the land owner for the sale of the land.


Pursuant to the statutory provisions set out in the Land Acquisition (Just Terms Compensation) Act 1991, Council’s consulting Valuer assessed a compensation package in the amount of $32,385 (ex GST). The landowner obtained their own valuation resulting in a compensation package of $37,525 (GST incl.) being requested. The package comprises an amount of $34,500 being land value with the remainder, $3,025 representing valuation and legal costs incurred by the land owner.

Comparing both valuations on a GST exclusive basis yields a difference of less than $1,000. Such a variation is considered acceptable in the field of valuing land and is likely to be greater than the cost of having the valuers resolve their differences. The compensation as assessed by the property owner’s valuer is recommended to Council.

BACKGROUND

The location of the temporary road is indicated on the attached aerial photograph ((Appendix F –

Page 323).

It is intended to acquire Lot 1 as shown in the plan, comprising an area of 1.149Ha. (Appendix G– Page

324)

ITEM 12 CHANGES TO COUNCIL REPORT FORMAT

Contact Person: David Rawlings – General Manager File: F12/1414

PURPOSE To advise councillors of changes to the structure of the standard staff report, details of which are contained in this report.

2016.121 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the information be noted. ISSUES

Reports need to be clear and concise to support effective decisions. Ensuring information needed to support a recommendation is easy to find and read will lead to a greater ability by councillors to make well-informed decisions. Large amounts of information that are not needed to support the decision-making process actually detract from this.

Research into reports on this form of template shows that most people will only read the purpose and recommendation. If they are satisfied with the recommendation they will not read other sections. Accordingly, the purpose (why a decision needs to be made) is critical and should be clear and concise. If there is a need to read other information it should be written so that it gives the reader a reason to read further.

BACKGROUND

A range of staff have undergone training in plain English writing.

This has led to a review of the template used for reports prepared for Council meetings.






This template was developed by Winston Churchill and is used extensively by NSW Government and other organisations.

‘Purpose’ should set out the reason why the report has been provided or what is planned to be achieved.

‘Issues’ cover the issues that currently exist and lead to the recommended action.

‘Background’ contains information that provides context that is needed to understand the recommendation.

All parts are not needed every time. Often there may be no need for background information. Mostly there would be expected to be issues, which is why a decision is needed.

Staff will review reports to ensure that they are concise but still cover all of the relevant issues. A request for further information or questions about the report can be directed to the contact person noted in the header before the meeting.

ITEM 13 LOAN BORROWING PROGRAM 2015/2016

Contact Person: Tony Curtin – Manager Finance File: F12/807-04

PURPOSE Deferring Council’s loan borrowing requirements for the 2015/2016 year to reduce loan interest costs.

2016.122 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the loans allowed for not be taken out in the 2015/2016 year and be taken out in the 2016/2017 year. ISSUES

A review of the expenditure to date on the projects and the cash positions indicate there is not a need to take out these loans at this time.

Council is currently preparing its Fit for the Future submission to the Office of Local Government; the achievement of a Fit declaration will entitle council to apply for loan funds from TCorp at lower interest rates which will benefit the community through lower costs.

BACKGROUND

Council’s Budgets and associated Loan Borrowing Approval provides for the following loan borrowing in the year:-

Water Fund $6,300,000

Sewer Fund $500,000


ITEM 14 STATEMENT OF CASH AND INVESTMENTS

Contact Person: Tony Curtin – Manager Finance File: N/A

PURPOSE Reporting on the statement of bank balance and investments for the month of May 2016.

2016.123 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the information be noted. ISSUES The Local Government Act 1993 requires that Council be notified at each ordinary meeting of details of all monies invested by Council.

A statement of balances and investments is shown in (Appendix H - Page 327).

ITEM 15 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES

Contact Person: Robert Pitt – Director Sustainable Environment File: N/A

PURPOSE To report that the following applications have been approved for the period of May 2016 and included approvals by Private Certifiers.

2016.124 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the information be noted. REPORT DETAILS Council Report on Local Development Applications, Modifications and Review of Determinations 2015/LD-00383 Lot 70 DP752426 300 PEE DEE ROAD BELLBROOK ALTERATIONS AND ADDITIONS TO EXISTING DWELLING Applicant: MR A P O'SULLIVAN 2016/LD-00077 Lot 4 DP1022342 NEW ENTRANCE ROAD SOUTH WEST ROCKS EMERGENCY SERVICES TRAINING & STORAGE FACILITY Applicant: MARINE RESCUE NSW TRIAL BAY 2011/LD-00318 REV01 Lot 97 DP258248 36 IRONBARK CRESCENT YARRAVEL DWELLING & GARAGE Applicant: JACOBS G & JACOBS C



2016/LD-00090 Lot 142 DP840722 25 COOPER STREET SOUTH WEST ROCKS THREE LOT SUBDIVISION Applicant: MRS J L BRANDT-RICHARDS 2015/LD-00036 REV01 Lot 180 DP752417 42-102 SOUTH STREET SOUTH KEMPSEY ASHPHALT BATCHING PLANT Applicant: MS J FISHER 2016/LD-00097 Lot 13 DP261375 18 SIMPSON STREET SOUTH WEST ROCKS CHANGE OF USE TO MEDICAL PRACTICE Applicant: HADLOW DESIGN SERVICES 2015/LD-00316 REV01 Lot 124 DP1064436 2 FOREST PLACE WEST KEMPSEY DETACHED DUAL OCCUPANCY Applicant: J & E MILLER BUILDERS 2016/LD-00099 Lot 591 DP1004797 BELMORE RIVER RIGHT BANK ROAD BELMORE RIVER ADDITIONS TO EXISTING FLOOD MOUNDS Applicant: MR J B SCOTT 2016/LD-00100 Lot 18 DP1062980 14 CECIL BALDWIN CLOSE WEST KEMPSEY ADDITIONS TO EXISTING DWELLING Applicant: WATERSON G & WATERSON C 2016/LD-00101 Lot 27 DP650536 6 SALTERS WAY BARRAGANYATTI DWELLING Applicant: MR S J LYNES 2016/LD-00104 Lot 6 DP758024 12 CARRI STREET ARAKOON TWO STOREY ADDITIONS & ALTERATIONS TO EXISTING DWELLING Applicant: MR M V R CARVILL 2016/LD-00118 Lot 1 DP71207 53-57 SMITH STREET KEMPSEY CHANGE OF USE TO FOOD & DRINK PREMISES Applicant: MARTIN W & MARTIN C 2016/LD-00120 Lot B DP418945 55 ELBOW STREET WEST KEMPSEY SIGNAGE Applicant: SERVICE NSW 2002/LD-00502 REV03 Lot 212 DP1175787 1304 PACIFIC HIGHWAY BELLIMBOPINNI DWELLING Applicant: MR B M HOOPER 2015/LD-00206 REV01 Lot 121 DP1197659 38 PACIFIC STREET CRESCENT HEAD MULTIPLE DWELLINGS (15) AND STRATA SUBDIVISION Applicant: MILESWINTER HOLDINGS & CORE DEVELOPMENT GROUP 2016/LD-00069 REV01 Lot 502 DP1108879 52A BLOODWOOD CRESCENT YARRAVEL DWELLING


Applicant: MR W J WILCOX 2016/LD-00135 Lot 3 DP861997 28 GREGORY STREET SOUTH WEST ROCKS ADDITIONS TO EXISTING THREE STOREY DWELLING (LIFT SHAFT & LIFT) Applicant: JEFFERY B & JEFFERY M 2016/LD-00137 Lot 3 DP1207935 EDGAR STREET FREDERICKTON DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: BOB RYAN NO 1 PTY LTD 2016/LD-00138 Lot 20 DP1196647 20 PRIOR CIRCUIT WEST KEMPSEY PATIO AWNING - COMPLYING DEVELOPMENT - PRIVATE CERITIFER Applicant: MR N C SMITH 2016/LD-00141 Lot 42 DP1014666 PENN PLACE CRESCENT HEAD DWELLING Applicant: CORAL HOMES 2016/LD-00144 Lot 9 DP1168206 42 HILLVIEW DRIVE YARRAVEL SHED - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MS G M SIMON 2016/LD-00145 Lot 4 DP1207935 EDGAR STREET FREDERICKTON DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: NOTMANS HOLDINGS P/L & BOB RYAN NO 1 PTY LTD 2016/LD-00147 Lot 27 DP246962 44 BRUSHBOX CRESCENT YARRAVEL SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: WONDERLAND POOLS & SPAS 2016/LD-00151 Lot 8 DP839097 137 EVERINGHAMS LANE FREDERICKTON SHED - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: BENSON R & EVANS E 2016/LD-00153 Lot B DP418945 55 ELBOW STREET WEST KEMPSEY INTERNAL ALTERATIONS TO EXISTING COMMERCIAL PREMISES FOR CONTINUED USE - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: SERVICE NSW 2016/LD-00158 Lot 11 DP1168206 46 HILLVIEW DRIVE YARRAVEL DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: ROBINSON J & ROBINSON H 2016/LD-00164 Lot 10 DP1113014 40 DALEY PLACE SOUTH KEMPSEY SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: METCALFE K & METCALFE M 2016/LD-00164 Lot H DP39009 35 BELGRAVE STREET KEMPSEY INTERNAL OFFICE FITOUT - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR J CLARKE


2016/LD-00133 Lot 132 DP1098487 27 WATTLE PLACE YARRAVEL DWELLING ALTERATIONS & ADDITIONS - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MS K STEVENSON

Type No Sub Value Private Certifier (Complying SEPP) 11 11 $1,538,941.00

Local Development 12 12 $821,454.00

Modifications 6 6 - There were 29 applications approved with a value of $2,051,395.00. For the financial year to date there have been 433 approvals including 77 modifications approved, with 79.4% approved within 30 days. The 433 approvals (including 373 sub-applications) have a value of $46,610,145.75 There are 138 applications awaiting determination for the following reasons:

DA REQUIREMENTS (DR) 1 FURTHER DETAILS REQUIRED (FD) 56 FURTHER DETAILS REQUIRED 01 (FD01) 3 INCOMPLETE APPLICATION (IA) 3 REFER TO RURAL FIRE SERVICE (LD) (RR) 2 Being Processed (XX) 73

Council Report on Development Applications refused, withdrawn or rejected 2016/LD-00117 Lot 12 DP223579 & Lot 1 DP560806 COCHRANE STREET & POLWOOD STREET WEST KEMPSEY INTENSIVE AGRICULTURE Determination: Withdrawn by applicant Council Report on Construction Certificates Building 2016/CB-00036 Lot 212 DP861436 2993 SOUTH WEST ROCKS ROAD JERSEYVILLE ADVERTISING BILLBOARD Applicant: SOUTH WEST ROCKS COUNTRY CLUB LTD 2016/CB-00065 Lot 4 DP262433 1-5 REGINALD WARD STREET SOUTH KEMPSEY 11M MONOPOLE Applicant: MACLEAY VALLEY WORKPLACE LEARNING CENTRE 2016/CB-00075 Lot 18 DP1062980 14 CECIL BALDWIN CLOSE WEST KEMPSEY ADDITIONS TO EXISTING DWELLING Applicant: WATERSON G & WATERSON C 2016/CB-00078 Lot 6 DP758024 12 CARRI STREET ARAKOON TWO STOREY ADDITIONS & ALTERATIONS TO EXISTING DWELLING Applicant: MR M V R CARVILL 2016/CB-00092 Lot 97 DP258248 36 IRONBARK CRESCENT YARRAVEL


DWELLING (STAGE 1) Applicant: JACOBS G & JACOBS C 2016/CB-00093 Lot 502 DP1108879 52A BLOODWOOD CRESCENT YARRAVEL DWELLING Applicant: WILCOX W & WILCOX L 2016/CB-00095 Lot 3 DP861997 28 GREGORY STREET SOUTH WEST ROCKS ADDITIONS TO EXISTING THREE STOREY DWELLING Applicant: JEFFERY B & JEFFERY M 2016/CB-00097 Lot 3 DP1190824 1327 PACIFIC HIGHWAY KUNDABUNG DWELLING ADDITIONS & ALTERATIONS - PRIVATE CERTIFIER Applicant: ROBINSON J & ROBINSON C 2016/CB-00100 Lot 2 DP1133006 10 PIPERS CREEK ROAD DONDINGALONG DWELLING - PRIVATE CERTIFIER Applicant: MS R ALBERT 2016/CB-00101 Lot 97 DP258248 36 IRONBARK CRESCENT YARRAVEL GARAGE WITH CARPORT (STAGE 2) Applicant: JACOBS G & JACOBS C 2016/CB-00102 Lot 20 DP1196647 20 PRIOR CIRCUIT WEST KEMPSEY PATIO AWNING - COMPLYING DEVELOPMENT - PRIVATE CERITIFER Applicant: MR N C SMITH 2016/CB-00103 Lot 3 DP1207935 EDGAR STREET FREDERICKTON DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: BOB RYAN NO 1 PTY LTD 2016/CB-00105 Lot 6 DP759080 115-145 SEA STREET WEST KEMPSEY ADDITIONS TO AN EXISTING EDUCATIONAL ESTABLISHMENT - STORE ROOM BLOCK J - PRIVATE CERTIFIER Applicant: WAYNE ELLIS ARCHITECT 2016/CB-00106 Lot 1 DP339477 6 KOROGORA STREET CRESCENT HEAD THREE STOREY ADDITIONS & ALTERATIONS TO EXISTING DWELLING - PRIVATE CERTIFIER Applicant: MR D W JOHNSTON 2016/CB-00107 Lot 4 DP1207935 EDGAR STREET FREDERICKTON DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: NOTMANS HOLDINGS P/L & BOB RYAN NO 1 PTY LTD 2016/CB-00108 Lot 9 DP1168206 42 HILLVIEW DRIVE YARRAVEL SHED - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MS G M SIMON 2016/CB-00109 Lot 2 DP243601 57 STRAIGHT STREET HAT HEAD STORAGE SHED - PRIVATE CERTIFIER Applicant: MIDCOAST STEEL STRUCTURES


2016/CB-00110 Lot 16 DP38445 146 MACLEAY STREET FREDERICKTON DUAL OCCUPANCY - PRIVATE CERTIFIER Applicant: TOLMAN BUILDING GROUP 2016/CB-00111 Lot 27 DP246962 44 BRUSHBOX CRESCENT YARRAVEL SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: WONDERLAND POOLS & SPAS 2016/CB-00112 Lot 17 DP244900 6 PANORAMA AVENUE SOUTH WEST ROCKS DWELLING ADDITIONS - PRIVATE CERTIFIER Applicant: PATTISON M & PATTISON N 2016/CB-00113 Lot 19 DP1156464 16 TALLOWWOOD PLACE SOUTH WEST ROCKS DETACHED DUAL OCCUPANCY - PRIVATE CERTIFIER Applicant: LATHAM CONTRACTORS PTY LIMITED 2016/CB-00114 Lot 13 SP81450 13/2-4 LANDSBOROUGH STREET SOUTH WEST ROCKS DENTAL SURGERY - PRIVATE CERTIFIER Applicant: SINGH R & LINGAMNENI B 2016/CB-00115 Lot 8 DP839097 137 EVERINGHAMS LANE FREDERICKTON SHED - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: BENSON R & EVANS E 2016/CB-00117 Lot B DP418945 55 ELBOW STREET WEST KEMPSEY INTERNAL ALTERATIONS TO EXISTING COMMERCIAL PREMISES FOR CONTINUED USE - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: SERVICE NSW 2016/CB-00120 Lot 11 DP1168206 46 HILLVIEW DRIVE YARRAVEL DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: ROBINSON J & ROBINSON H 2016/CB-00122 Lot 10 DP1113014 40 DALEY PLACE SOUTH KEMPSEY SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: METCALFE K & METCALFE M 2016/CB-00125 Lot H DP39009 35 BELGRAVE STREET KEMPSEY INTERNAL OFFICE FITOUT - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR J CLARKE 2016/CB-00096 Lot 132 DP1098487 27 WATTLE PLACE YARRAVEL DWELLING ALTERATIONS & ADDITIONS - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MS K STEVENSON 2016/CB-00098 Lot 29 DP847103 CHAIN O PONDS ROAD COLLOMBATTI - PRIVATE CERTIFIER

DWELLING Applicant: FRASER S & FRASER M


There were 29 applications approved. (Please note: This includes approvals by Private Certifiers). VARIATION TO THE DEVELOPMENT STANDARDS CONTAINED IN KEMPSEY DCP 2013 All development applications determined involving variations to the development requirements contained in Kempsey DCP 2013 are required to be reported to Council for information. During the preceding month there were two applications approved involving variations to the development requirements contained in Kempsey DCP 2013.

Application number: T6-16-104 Subject land: LOT 6 DP758024, 12 CARRI STREET, ARAKOON Description: TWO STOREY ALTERATIONS AND ADDITIONS TO EXISTING DWELLING Chapter: C1 Residential Development – Urban Areas Development requirement:

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

Proposed: Side setback 700mm. Required 1500mm: 47% variation Desired outcome: DO4, DO5 Objections: Nil Planning comment: Whilst the development requirement of required minimum side setback of 1500mm for the first floor addition hasn’t been achieved, the encroachment is for an open deck 2100mm in length. This deck is located on the East elevation of the dwelling and adjoins an unmade Council road reserve and will not affect the amenity or solar access of the property. The desired outcomes and other development requirements will all be achieved. The structure and achieves the required bushfire hazard requirements in accordance with RFS Planning For Bushfire and the BCA.

Application number: T6-16-129 Subject land: LOT 22, DP853829 , 12 ATHOL ELLIOT PLACE , SOUTH WEST ROCKS Description: GARAGE ADDITIONS TO EXISTING SINGLE STOREY DWELLING Chapter: C1 – Residential Development – Urban Areas Development requirement:

Side/Rear Setbacks – Clause 5.2.2(b) A minimum side setback of 0.9 metres shall apply to the single storey provided the average setback in the same horizontal plane is not less than 3.0 metres.

Proposed: A side setback of 0.2 metres from the eastern boundary to the proposed Single storey addition.

Desired outcome: D04 Objections: Nil


ITEM 18 KEY PERFORMANCE INDICATORS

Contact Person: Kathy Oliver – Director Community Engagement File: F12/756-04

PURPOSE Reporting on the key performance indicators for the month ending 31 May 2016.

2016.125 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the information be noted.

Indicator Minimum Target

Performance Y.T.D.

Result Commentary

Residents

% projects completed on time and on budget

85% 64.5%

A larger number of projects, while in progress are due at the end of the year. These projects have now passed due and as a result have significantly reduced the percentage results. The issues causing this will be reviewed and reported upon.

# community projects undertaken by groups in the community

10 5

Additional grant funding has been received for community projects, which will boost this number.

Planning comment: Whilst the development requirement of minimum setback to a side boundary hasn’t been provided for the proposed addition, it is considered that in this instance the desired outcomes are still achieved as the development will not result in the loss of views or privacy of adjoining residences, will not overshadow private open space of adjoining residences or create any additional negative impacts. The proposal does not affect the preservation of the character of the neighbourhood and does not impact the streetscape or affect traffic sight distances. The proposed single storey addition is at the side of the existing dwelling and is consistent with the setbacks of the existing dwelling. The proposal maintains an average setback in the same horizontal plane of not less than 3.0 metres and complies with all other setback requirements.



Performance Y.T.D.

Result Commentary

% customer enquiries solved before second contact is made

60% 82.11%

% of instances where service levels met

80% 84.85%

# mean satisfaction rating with customer service

3.34 2.81%

Employees

$ saved through innovation $200,000 $97,600

% of staff undertaking discretionary training

52% 66.0%

% unplanned leave hours per employee per annum on average

3.7% 4.71%

Strategies are being implemented to further reduce this figure.

# of lost time Injuries per million hours worked

11.00 11.84

A proactive approach is being taken to having employees Recover at Work from their injuries. This is improving the outcome.

# of lost time injuries 11 8

Government

% variable grants received from applications made

60%

$ variable grant funding received ($mill)

$3.5 $3,509,076

$19,281 – Noxious Weeds Inspectorial Grant

$126,200 – Waste Less Recycle more

$4,545 – Bicycle Safety Park Volunteers

$4,545 – Volunteer Graffiti Blasters

Unsuccessful Application:

RMS Transport,



Performance Y.T.D.

Result Commentary

2016/2017 Active Transport Program, Cycleway and new footbridge along Buchanan Drive, commencing at Horseshoe Bay Reserve to Gordon Young Drive

Business

$ investment into the local government area ($million)

$50 $42.9M

# people employed in the Shire

11,123 12,593

# break & enter, malicious damage crimes

1,010 880

ITEM 19 VARIOUS LEGAL MATTERS

Contact Person: Daryl Hagger– Director Corporate Management File: F12/250-05

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

2016.126 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the information be noted.

12 MAYORAL MINUTES Nil


13 STAFF REPORTS At this stage 11.00am Councillor McGinn declared a non-pecuniary significant interest in the following item for the reason that she lives on Belmore River and has lodged an objection to the DA to increase extraction rate and left the chamber.

ITEM 1 INCREASE IN ANNUAL EXTRACTION RATE AT THE EXISTING SAND QUARRY, 153 TEA TREE LANE, BELMORE RIVER

Contact Person: Robert Pitt – Director Sustainable Environment File: T6-06-85

PURPOSE Reporting that an application has been received to modify a development consent to increase the annual extraction rate at an existing quarry for a two (2) year period, for which objections have been received. Applicant: Mr J P Phillips Subject Land: Lot 1321 DP785874, 153 Tea Tree Lane, Belmore River Zone: RU1 Primary Production and E2 Environmental Conservation MOVED Moved: Cl. Saul Seconded: Cl. Morris 1 That development consent T6-06-85 (Rev 02) be modified to increase the annual

extraction rate at the existing quarry from a maximum of 20,000 cubic metres per annum to a maximum extraction of 40,000 cubic metres per annum for a maximum two (2) year period at Lot 1321 DP785874, 153 Tea Tree Lane, Belmore River subject to the conditions

contained in (Appendix A - Page 1).

2 That the objectors be advised of Council’s decision. WORKSHOP

2016.127 RESOLVED: Moved: Cl. Shields Seconded: Cl. Patterson That Council move into workshop to allow discussion in open Council on item 1 MOTION TO RESUME COUNCIL MEETING

2016.128 RESOLVED: Moved: Cl. Morris Seconded: Cl. Patterson That the formal Council meeting be resumed.

2016.129 RESOLVED Moved: Cl. Saul Seconded: Cl. Morris That item 1 be deferred until the last item of the meeting.



At this stage 11.43am Councillor McGinn returned to the Chamber.

ITEM 2 PLANNING PROPOSAL BLAIRS LANE SOUTH KEMPSEY

Contact Person: Robert Pitt– Director Sustainable Environment File: RZ-16-1

PURPOSE Reporting that a Planning Proposal has been prepared to amend Kempsey Local Environmental Plan (KLEP) 2013 to rezone land in South Kempsey from RU2 - Rural Landscape to R5 – Large Lot Residential with a minimum lot size of one (1) hectare (currently a minimum of 40 hectares applies).

2016.130 RESOLVED Moved: Cl. Shields Seconded: Cl. Williams That the Planning Proposal and associated documentation be submitted to the Minister for Planning for consideration of issuing a “gateway determination” pursuant to Section 56 of the Environmental Planning and Assessment Act 1979. A Division resulted in the following votes. F = Voted For A = Voted Against

Campbell F Green F McGinn F Morris F

Patterson F Saul F Shields F Williams F

BACKGROUND

Pursuant to Clause 55 of the Environmental Planning and Assessment Act 1979, Council has received an application to amend KLEP 2013 to revise the Land Zone Map and the Lot Size Map for selected rural land parcels to facilitate future subdivision and provide rural residential opportunities in the vicinity of South Kempsey. The subject land is zoned RU2 – Rural Landscape and it is proposed to amend the Land Zone Map for the subject land to R5 – Large Lot Residential and the Lot Size Map from forty (40) to one (1) hectare(s). A full copy of the Planning Proposal and associated reports are

appended (Appendix C - Page 67).

Subject Land The subject land is legally defined as Lot 120 and 121 DP754400 and Lot 1 DP1159592, 52 and 84 Blairs Lane, South Kempsey and is located approximately 6km south-east of the Kempsey CBD. The area is characterised by rural and rural residential housing. The subject land (refer to Figure 1 below) has a total area of approximately 12.48 ha including an unformed road reserve which runs through the centre of the site.



Figure 1: Subject site (within yellow borders) located south-east of the Kempsey CBD Existing Kempsey Local Environmental Plan 2013 Provisions The existing RU2 Rural landscape zone that applies to the subject land permits a range or rural land uses that are consistent with the objectives of the zone, being: • To encourage sustainable primary industry production by maintaining and enhancing the

natural resource base.

• To maintain the rural landscape character of the land.

• To provide for a range of compatible land uses, including extensive agriculture. Objectives or intended outcomes of Planning Proposal The intention of the planning proposal is:

• To provide rural residential housing that is consistent with the Mid North Coast Regional Strategy 2009 draft North Coast Regional Plan and the Kempsey Shire Rural Residential Land Release Strategy 2014;

• To enable a large lot rural residential subdivision on the land identified to be rezoned.

Proposed Amendments to the Kempsey Local Environmental Plan (KLEP) 2013 It is proposed to amend the Land Zoning Map from RU2 Rural Landscape to R5 Large Lot Residential and the Lot Size Map, as it applies to the subject land from 40ha to 1ha. The proposed minimum lot size of 1ha is consistent with the proposed R5 Large Lot Residential zoning in this locality.


Figure 2: Potential 9 lot subdivision configuration for the subject site (Option 1) The R5 Large Lot Residential zoning provisions, in conjunction with the proposed minimum lot size of one (1) hectare, would enable dwellings to be erected on land with considerably smaller lot sizes than that permitted under its current land use zone as RU2 – Rural Landscape as indicated by Figure 2. Justification for the Planning Proposal The justification for the proposal is summarised as follows: • The proposal seeks to meet Council’s obligations to manage population growth through the

provision of a range of additional housing stock to the area. • The location has good accessibility, strong market demand and water infrastructure

availability. • The subject land is identified and mapped in Council’s Rural Residential Land Release Strategy

2014 as having ‘rural residential potential’. • The proposed zoning and minimum lot size is consistent with land immediately to the south

and west of the subject site. • The proposal meets the criteria outlined in the Mid North Coast Regional Strategy 2009. • The proposal is considered achievable against identified site constraints.


• Environmental, social and economic impacts are manageable and not considered to be detrimentally significant.

• The proposal satisfies relevant legislation, planning instruments, strategies, SEPPs and

relevant 117 Directions. Kempsey Shire Rural Residential Land Release Strategy 2014 The subject land has been identified in Council’s Rural Residential Land Release Strategy 2014 (refer to Figure 3) as having ‘rural residential potential’, subject to satisfying the relevant locality-specific issues identified by the strategy including:

Locality Specific Issues Comment

The extent of the 1 in 100 year flood The 1% AEP flood level is identified as RL 6.72 AHD with a corresponding Flood Planning Level at RL 7.22 AHD. Council’s site contour information indicates that building envelopes can be achieved within the proposed lots that will be above these flood levels.

Impacts of noise from the Pacific Highway A copy of the Operational Noise Report - Kempsey Bypass prepared for the RMS has

been provided by the proponent (Appendix C -

Page 67)). The report identifies that the subject site is located beyond the 50/55 dBA noise contours (the applicable Environmental Criteria for Road Traffic Noise targets) which are within 300m of the Kempsey bypass in this locality. The northern tip of the subject site is located approximately 510m from the bypass (refer to Figure 1). An existing dwelling is already located within the proposed lot 5 (refer Figure 2 above), being the portion of the site closest to the bypass.

The means of rationalising access to facilitate an efficient pattern of subdivision

The subject site as two street frontages. The indicative lot layout in Figure 2 above, proposes three new access points, with a new roadway from Wedlock Close. An alternative configuration (option 2), with the new roadway from Blairs Lane, would also be limited to three new access points. Blairs Lane is built to a local road standard which could facilitate option 2 access.

Means for protecting the riparian corridor The riparian vegetation adjacent to Pola Creek (which runs alongside the eastern boundary of the subject site) is currently fenced from the balance of the site which has been entirely cleared and provides ample locations for building envelops. Council has the opportunity to impose conditions of consent on future DAs which would prohibit removal of this riparian




Locality Specific Issues Comment

vegetation through the approval process for any future subdivision.

Unknown Koala habitat The site is identified in Council’s mapping as containing Unknown Koala Habitat. As identified in the previous section, the site is substantially cleared with the exception of riparian vegetation along the eastern boundary and vegetation along the western road reserve comprising exotic pines and eucalypt species. The proponent has provided a copy of an environmental study and a photographic

vegetation analysis (Appendix C - Page 67). The

riparian vegetation is identified as having potential as koala habitat and will be retained. Access can be provided through the road reserve vegetation without impacting on koala food trees of significance.

Part bushfire prone land The site is identified as being substantially bushfire prone. A bushfire hazard assessment

has been provided (Appendix C - Page 67). The

assessment identifies that the required asset protection zones for the indicative subdivision are workable without impacting on the sites identified environmental values.

Class 5 Acid Sulfate Soil The subject land parcel is identified as potentially containing Class 5 Acid Sulfate Soils. It is not expected that the proposed development would disturb any ASS or result in any lowering of the water table.




Figure 3: “Map 16: South Kempsey A Land Release Staging” from Council’s Rural Residential Land Release Strategy 2014, with the subject site identified Consistency with Relevant State Environmental Planning Policies The applicable policies and comments on consistency are provided in the table below:

State Environmental Planning Policy Comments

State Environmental Planning Policy No. 14 – Coastal Wetlands

The site does not contain or adjoin land containing SEPP 14 wetlands.

State Environmental Planning Policy No. 44 – Koala Habitat

The proposal is consistent with Council’s Comprehensive Koala Plan of Management (CKPOM) which satisfies the requirements of SEPP 44. The site is largely cleared and riparian vegetation containing potential koala habitat will be retained.

State Environmental Planning Policy No. 55 – Remediation of Land

All known previous land uses indicate cattle grazing and horse keeping with a multiple dwelling occupancy. It is further noted that: • There is no known on-site cattle tick dip or

former tick dip site. • The land has not been used for Market

Gardens or Orchards. • There are no oil storage depots or former

fuel depots associated with the past or present uses.

• There are no refuse or garbage land fill areas

In addition, the planning proposal notes that searches of the land contamination register and record of notices and contaminated sites notified to EPA have not identified the subject land.

State Environmental Planning Policy (Rural Lands) 2008

The application is considered to have demonstrated compliance with the Rural Planning Principles listed under this instrument as the proposal would not limit the productive potential or residue lands, supports the provision of opportunities for rural residential housing with adequate infrastructure and has regard for maintaining biodiversity, protection of native vegetation, water resources and constrained lands.

Consistency with Section 117 Ministerial Directions The proposal is consistent with the following relevant Ministerial Directions.


Directives Key Requirement Justification

1.2 Rural Zones

The objective of this direction is to protect the agricultural production value of rural land. A planning proposal must: (a) not rezone land from a rural zone to a residential, business, industrial, village or tourist zone. (b) not contain provisions that will increase the permissible density of land within a rural zone (other than land within an existing town or village).

May be inconsistent unless: (a) justified by a strategy which: (i) gives consideration to the objectives of this direction, (ii) identifies the land which is the subject of the planning proposal (if the planning proposal relates to a particular site or sites), and (iii) is approved by the Director-General of the Department of Planning, or (b) justified by a study prepared in support of the planning proposal which gives consideration to the objectives of this direction, or is: (c) in accordance with the relevant Regional Strategy or Sub-Regional Strategy prepared by the Department of Planning which gives consideration to the objective of this direction, or (d) is of minor significance.

The planning proposal seeks to rezone the land from a rural RU2 zone to R5 Large Lot Residential and therefore is inconsistent with 117 Direction 1.2(a). This inconsistency is justified by the Mid North Coast Regional Strategy and Kempsey Shire Council’s adopted Rural Residential Strategy as follows: The Mid North Coast Regional Strategy 2009 proposes new rural-residential development within proximity of an existing settlement and states: “However any new planning for rural residential settlement should focus on land close to an existing urban settlement, away from the coast, away from areas that may in the future have value as urban expansion areas, where significant vegetation clearing would not be required and where current or potential future primary production will not be affected. Protection of primary production and biodiversity values of rural areas will be achieved by limiting settlement and controlling subdivision.” The identified area is consistent with that above in that: ● It is close to the existing

settlements of South Kempsey, away from the coast and not sufficiently proximate or connected to be an urban expansion area.

● The Planning Proposal will not result in the loss of significant vegetation, biodiversity values or primary production.

The Kempsey Shire Council’s adopted Rural Residential Strategy is also an adopted strategy which gave consideration to the objectives of this directive, is approved by the Director General and considered the subject land within the Environmental



Sustainability Criteria assessment for South Kempsey Rural Residential areas.

1.5 Rural Lands

The objectives of this direction are to: (a) protect the agricultural production value of rural land, (b) facilitate the orderly and economic development of rural lands for rural and related purposes. A planning proposal to which clauses 3(a) or 3(b) apply must be consistent with the Rural Planning Principles listed in State Environmental Planning Policy (Rural Lands) 2008.

A planning proposal may be inconsistent with the terms of this direction only if the relevant planning authority can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that the provisions of the planning proposal that are inconsistent are: (a) justified by a strategy which: (i) gives consideration to the objectives of this direction, (ii) identifies the land which is the subject of the planning proposal (if the planning proposal relates to a particular site or sites, and (iii) is approved by the Director-General of the Department of Planning and is in force, or (b) is of minor significance.

The provisions SEPP (Rural Lands) 2008 were addressed as part of Kempsey Shire Council’s Strategy preparation and the Local Growth Management Strategy has since been approved by the Director General. The Kempsey Shire Rural Residential Strategy specifically seeks to facilitate the orderly and economic development for rural residential purposes and in doing so, must relate to adjacent rural lands and rural land uses. The Rural Planning Principles of SEPP (Rural Lands) 2008 are (a) the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas, Comment: The planning proposal does not impinge upon the current agricultural capacity of the residue lands. (b) recognition of the importance of rural lands and agriculture and the changing nature of agriculture and of trends, demands and issues in agriculture in the area, region or State, Comment: The adopted Rural Residential Strategy for South Kempsey, avoids areas of prime agricultural land and recognises that changing nature of agriculture in this area. (c) recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development,



Comment: The planning proposal will result in additional economic benefits to the rural area and still retain the open grazing land in the flood plain areas. (d) in planning for rural lands, to balance the social, economic and environmental interests of the community, Comment: The adopted Rural Residential Strategy assesses the subject land under specific Environmental Sustainability Criteria, including economic and environmental interests. Refer Appendix 5 of the Background Report to the Rural Residential Strategy. (e) the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land, Comment: The Background Studies supporting the adopted Rural Residential Strategy assesses the natural resources of the subject area and include reference to a range of ecological assessments. Regard has been had to maintaining biodiversity, protection of native vegetation, water resources and avoiding constrained lands. (f) the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities, Comment: The planning proposal for approximately 11 ha of R5 land would result in 9 ha lots which would support rural lifestyle settlements already established in the immediate area.



(g) the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing, Comment: The site is already serviced by sealed public road, electricity, telecommunications and reticulated water supply. Road network capacity is also adequate. (h) ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director- General. Comment: The Mid North Coast Regional Strategy is the applicable regional strategy and the Kempsey Rural Residential Strategy is the relevant local strategy. The planning proposal is consistent with both those strategies. In particular, the planning proposal is in direct response to the KSC Rural Residential strategy which identifies this land as having Rural Residential Potential (Map 5) and section 4.5.7 (p26) identifies a 1ha minimum lot size of 1ha and Map 16 includes the subject land as part of Stage 1 release areas. In considering the above Rural Planning Principles, principle (h) is most relevant to the subject Planning Proposal. The Planning Proposal is consistent with an applicable local strategy endorsed by the Director- General. Inconsistency with S117 Direction

3.1 Residential Zones

The objectives of this direction are: (a) to encourage a variety and choice of housing types to provide for existing and future housing needs,

A planning proposal must, in relation to land to which this direction applies: (a) contain a requirement that residential development is not permitted until land is adequately serviced (or

Not applicable



(b) to make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services, and (c) to minimise the impact of residential development on the environment and resource lands. This direction applies when a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed residential zone (including the alteration of any existing residential zone boundary).

arrangements satisfactory to the council, or other appropriate authority, have been made to service it), and (b) not contain provisions which will reduce the permissible residential density of land.

The land is proposed to be included in Zone R5 Large Lot Residential, immediately adjacent existing service rural residential allotments. The rezoning is in essence an infill/extension of clear flood free land into the appropriate adjacent R5 zoning.

3.4 Integrating Land Use and Transport

The objective of this direction is to ensure that urban structures, building forms, land use locations, development designs, subdivision and street layouts achieve the following planning objectives: (a) improving access to housing, jobs and services by walking, cycling and public transport, and (b) increasing the choice of available transport and reducing dependence on cars, and (c) reducing travel demand including the number of trips

(4) A planning proposal must locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of: (a) Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and (b) The Right Place for Business and Services – Planning Policy (DUAP 2001).

Consistent with Council’s Rural Residential strategy. Land has proximity to local bus services which pass the intersection of Blairs Lane. Bus and sealed road services to Kempsey then link to rail station at Kempsey and national coach services on the Pacific Highway. Public primary school & High school available at South Kempsey as well as private school campuses in the vicinity and Kempsey. Tertiary education by way of various TAFE campuses and University linked educational services at Port Macquarie.



generated by development and the distances travelled, especially by car, and (d) supporting the efficient and viable operation of public transport services, and (e) providing for the efficient movement of freight.

4.1 Acid Sulphate Soils

The objective of this direction is to avoid significant adverse environmental impacts from the use of land that has a probability of containing acid sulphate soils.

A relevant planning authority must not prepare a planning proposal that proposes an intensification of land uses on land identified as having a probability of containing acid sulphate soils on the Acid Sulphate Soils Planning Maps unless the relevant planning authority has considered an acid sulphate soils study assessing the appropriateness of the change of land use given the presence of acid sulphate soils.

Kempsey LEP 2013 ASS map Sheet 11 identifies the land the subject of this planning proposal as within Class 5 potential Acid Sulfate Soils (ASS) such that there is a low probability that development would disturb, expose or drain acid sulfate soils and cause environmental damage. Clause 7.1 of the LEP requires development consent for works which in relation to Class 5 ASS land within 500metres of adjacent Class 1,2,3 or 4 land that is below 5 m AHD and by which the water-table is likely to be lowered below 1 metre AHD on adjacent Class 1,2 3 or 4 land. It further requires preparation of an ASS management plan prior to Council granting any consent, subject to a number of exemptions. Exemptions relevant to this planning proposal and future subdivision application are: “(6) Despite subclause (2), development consent is not required under this clause to carry out any works if: (a) the works involve the disturbance of less than 1 tonne of soil, and



(b) the works are not likely to lower the water-table. The intended outcome of the planning proposal being a large lot residential subdivision satisfies the exemption criteria (a) & (b) above.

4.3 Flood Prone Land

The objectives of this direction are: (a) to ensure that development of flood prone land is consistent with the NSW Government’s Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005, and (b) to ensure that the provisions of an LEP on flood prone land is commensurate with flood hazard and includes consideration of the potential flood impacts both on and off the subject land. (4) A planning proposal must include provisions that give effect to and are consistent with the NSW Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas). (5) A planning proposal must not rezone land within the flood planning areas from Special Use, Special Purpose,

A planning proposal may be inconsistent with this direction only if the relevant planning authority can satisfy the Director-General (or an officer of the Department nominated by the Director-General) that: (a) the planning proposal is in accordance with a floodplain risk management plan prepared in accordance with the principles and guidelines of the Floodplain Development Manual 2005, or (b) the provisions of the planning proposal that are inconsistent are of minor significance. Note: “flood planning area”, “flood planning level”, “flood prone land” and “floodway area” have the same meaning as in the Floodplain Development Manual 2005.

Kempsey LEP 2013 does not include Flood prone lands mapping. Further, the land is not mapped as Flood Prone in Council’s Flood Risk Management policy and is outside the mapped extent of the Glenrock Pola creek floodway. However localised flooding has been identified for parts of the land adjacent the Pola Creek frontage along the eastern edge of Lot 121 DP754400. The 1 in 100 year flood level in this vicinity is estimated at RL 6.72m AHD and a Flood Planning Level at RL 7.22m AHD. Council GIS indicates site levels from RL 20m AHD at the corner of Blairs Lane & Wedlock Close down to RL 8m AHD at the edge of existing clearing. All proposed lots have at least 1000m of flood free land, in accordance with Council’s policy.



Recreation, Rural or Environmental Protection Zones to a Residential, Business, Industrial, Special Use or Special Purpose Zone.

4.4 Planning for Bushfire Protection

The objectives of this direction are: (a) to protect life, property and the environment from bush fire hazards, by discouraging the establishment of incompatible land uses in bush fire prone areas, and (b) to encourage sound management of bush fire prone areas.

A planning proposal must: (a) have regard to Planning for Bushfire Protection 2006, (b) introduce controls that avoid placing inappropriate developments in hazardous areas, and (c) ensure that bushfire hazard reduction is not prohibited within the APZ.

A Bushfire Hazard Assessment has been prepared to meet the aims and objections of the NSW Rural Fire Service’s Planning for Bushfire Protection 2006 and Section 2 of AS 3959-2009 and has measures sufficient to minimise the impact of bushfire. Recommendations made in the report include: 1. Asset Protection Zones as detailed in Section 3.1.1 of the report. 2. Access and Egress is to be provided as detailed in Section 3.1.2. 3. A water supply (including gas bottle supply) is to be provided as detailed in Section 3.1.3. 4. Landscape principles in accordance with Section 3.1.4. 5. All new buildings are to be constructed to the requirements of AS 3959 (2009) and Planning for Bushfire Protection, 2006. A full copy of the Bushfire Hazard

Assessment is provided at (Appendix C

- Page 67).

5.1 Implementation of Regional Strategies

The objective of this direction is to give legal effect to the vision, land use strategy, policies, outcomes and actions contained in regional strategies.

A planning proposal may be inconsistent with the terms of this direction only if the relevant planning authority can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director- General),

The planning proposal is consistent with the Mid North Coast Regional Strategy 2009 which identifies requirement for new rural-residential development within proximity of an existing settlement and states: “However any new planning for rural residential settlement should focus on





Planning proposals must be consistent with a regional strategy released by the Minister for Planning.

that the extent of inconsistency with the regional strategy: (a) is of minor significance, and (b) the planning proposal achieves the overall intent of the regional strategy and does not undermine the achievement of its vision, land use strategy, policies, outcomes or actions.

land close to an existing urban settlement, away from the coast, away from areas that may in the future have value as urban expansion areas, where significant vegetation clearing would not be required and where current or potential future primary production will not be affected. Protection of primary production and biodiversity values of rural areas will be achieved by limiting settlement and controlling subdivision.” The identified area is consistent with that above in that: ● It is close to the existing

settlements of South Kempsey, away from the coast and not sufficiently proximate or connected to be an urban expansion area.

● The Planning Proposal will not

result in the loss of significant vegetation, biodiversity values or primary production.

The planning proposal achieves the overall intent of the Regional Strategy, in relation to rural residential development.

6.1 Approval and Referral Requirements Objective

The objective of this direction is to ensure that LEP provisions encourage the efficient and appropriate assessment of development.

A planning proposal must: (a) minimise the inclusion of provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, and (b) not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the relevant planning authority has obtained the approval of:

Complies: The planning proposal does not include any provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, other than those already required by existing “Integrated Development provisions and State Environmental Planning Policies.



(i) the appropriate Minister or public authority, and (ii) the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General), prior to undertaking community consultation in satisfaction of section 57 of the Act, and (c) not identify development as designated development unless the relevant planning authority: (i) can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that the class of development is likely to have a significant impact on the environment, and (ii) has obtained the approval of the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) prior to undertaking community consultation in satisfaction of section 57 of the Act.

Potential Environmental Impacts Flora and Fauna The site has been substantially cleared, with the exception of riparian vegetation retained alongside Pola Creek on the eastern boundary and trees along Blairs Lane road reserve boundary. A copy of an earlier environmental study has been provided and all areas identified as providing potential habitat for threatened species will be retained. Bionet does not identify any threatened species records for this site. Other Potential Hazards/ Constraints


The following table outlines potential hazards, constraints and environmental effects identified for this proposal and how these could be managed. These matters are also discussed in the attached planning proposal.

Environmental Impact Proposed Management

Access, Transport & Traffic

Direct access off Blairs lane is considered acceptable as is construction of a new cul-de-sac entrance off Wedlock Close subject to final engineering detail. An alternative option with the new cul-de-sac from Blairs Lane would also not require the removal of any trees of significance.

Public Domain No public domain issues have been identified.

Utilities The site has benefit of existing utilities and services along the Crescent Head Road Blairs Road corridors. Investigations indicate there is potential capacity for the additional allotments in terms of reticulated water for domestic supply and firefighting requirements (subject to a water performance test). Alternatively, onsite supply can be provided.

Waste (Garbage Service) The locality is within Council’s waste removal service area and any resultant development would be incorporated into that service.

Heritage & Archaeology No known cultural heritage sites identified.

Soils / Acid Sulphate Soils

The land is mapped as Class 5 potential Acid Sulphate soils in the LEP map layers. No issues anticipated as a result of the Planning Proposal. This is addressed in Appendix C - 117 Directions

Air & Microclimate N/A

Noise & Vibration

Potential Noise impacts of the recently completed Pacific Highway bypass have been considered and reference to the Operational Noise Report for the bypass shows that the subject land is outside the area modelled as potentially impacted by future road noise increase. The site is located about 510m from the bypass.

Bushfire Bushfire hazard has been assessed and mitigation measures such as APZs can be accommodated on the basis of the indicative subdivision

layout without impacting on local environmental values (Appendix C -

Page 67).

Flooding The eastern edge of the site is subject to localised flooding from Pola Creek during major storm events. The in 1 in 100 year flood level has been identified at RL 6.72m AHD with freeboard and climate change allowances the Flood Planning Level is RL 7.22m AHD. The proposed lots 1 – 5 are flood free and the un-vegetated portion of proposed lots 6 – 9 is also above the Flood Planning Level. The flood prone area generally corresponds with the upper creek embankments and is contained within the fenced vegetated land adjacent the creek.

Slip and Subsidence

No identified subsidence issues. The site is gently sloping to flat and the steeper creek banks are entirely vegetated and will be protected.

Economic and Social Impacts The planning proposal notes a positive economic benefit is anticipated both in the short term, during construction and longer term, with respect to the local economy and social vibrancy. The residents of




the future lots and dwellings are likely to utilise the services and shops within Kempsey as well as any children attending the local primary school, club membership and the like. Providing additional local housing stock is considered a positive social benefit both locally and regionally. The style of housing being large lot rural-residential properties satisfies the need for additional housing whilst limiting pressure of existing infrastructure, resources and amenity impacts with respect to the remaining rural land. Public Infrastructure The site has frontage to sealed local roads - Blairs Lane and Wedlock Close, bus services, electricity, telecommunications and a reticulated water supply. Community and Public Agency Consultation Consultation will be undertaken with the State and Commonwealth authorities should the Director General determine to allow the planning proposal to proceed as part of the overall public exhibition and consultation for the planning proposal post Gateway Determination. Community Consultation is proposed to be undertaken in accordance with any conditions specified in the Gateway Determination and Kempsey Shire Council’s Rezoning Policy and Procedure 1.1.9, Section 3 Public Notification and Consultation including any specific requirements of the LEP Review Panel.

ITEM 3 KLEP 2013 AMENDMENT – NATIONAL PARKS

Contact Person: Robert Pitt– Director Sustainable Environment

File: KLEP2013-AM-12 LAS 33166, 16872, 9098 and 16873

PURPOSE Reporting that the NSW National Parks and Wildlife Service has requested a Planning Proposal be prepared to amend Kempsey Local Environmental Plan 2013 (KLEP 2013) to rezone four land parcels in the Maria River Road area to E1 (National Parks and Reserves).

2016.131 RESOLVED Moved: Cl. Shields Seconded: Cl. Morris That the Draft Planning Proposal and associated documentation be submitted to the Minister for Planning for consideration of issuing a “gateway determination” pursuant to Section 56 of the Environmental Planning and Assessment Act 1979. A Division resulted in the following votes. F = Voted For A = Voted Against



BACKGROUND

Subject Land


The subject land comprises Lots 8, 108 and 186 DP754441 which are located on the southern extent of the Shire adjacent to the eastern side of Maria River Road and are accessed via a road from Maria River Road through Limeburners Creek Nature Reserve. Lot 1 DP1191860 is located on Illa Langhi Road which is accessed via Maria River Road.

Figure 1 Site Location Lots 8, 108 and 186 DP754441

Figure 2 Site Location Lot 1 DP1191860

Lot 8 DP754441

Lot 108 DP754441

Lot 186 DP754441

Lot 1 DP1191860

Portion of Lot 1 proposed to rezone to E1


COMMENTARY Rationale for Planning Proposal Lots 8, 108 and 186 DP754441 are zoned E2 Environmental Conservation and RU2 Rural Landscape

and have been acquired by NSW National Parks and Wildlife Service for possible future addition to

Limeburners Creek Nature Reserve.

Lot 1 DP1191860 is zoned RU1 Primary Production, RU2 Rural Landscape and E2 Environmental

Conservation. In the previous 1987 LEP a portion of this lot in the eastern section was zoned 8(a)

Existing National Parks, Nature Reserves and Land Available for Recreation. An error occurred in the

KLEP 2013 and the portion of land that was zoned 8(a) in LEP 1987 was inadvertently zoned E2

Environmental Conservation. This portion of the land should have been zoned E1 National Parks and

Reserves in the KLEP 2013.

Objectives and Aims of the Planning Proposal

The objectives of the planning proposal are to: ● Amend the zoning of Lots 8, 108 and 186 DP754441 Crescent Head from E2 Environmental

Conservation and RU2 Rural Landscape to E1 National Parks and Reserves and a portion of Lot

1 DP1191860, Illa Langhi Road Crescent Head from E2 Environmental Conservation to E1

National Parks and Reserves.

The aims of the planning proposal are to:

● Re-zone Lots 8, 108 and 186 DP754441 Crescent Head from E2 Environmental Conservation

and RU2 Rural Landscape to E1 National Parks and Reserves and rezone a portion of Lot 1

DP1191860, Illa Langhi Road Crescent Head from E2 Environmental Conservation to E1

National Parks and Reserves.

● Amend the Land Reservation Acquisition Map by adding Lots 8, 108 and 186 DP754441 and

adding a portion of Lot 1 DP1191860 to the map. In addition to this it will be necessary to

amend the Land Zoning Map Sheet to indicate Lots 8, 108 and 186 DP754441 and a portion of

Lot 1 DP1191860 as being zoned E1 National Parks and Reserves.

Existing planning controls

The subject lands are zoned RU1 Primary Production, RU2 Rural Landscape and E2 Environmental

Conservation. The extract of land use tables are provided in Section 2.1 of the Planning Proposal

(Appendix D - Page 289). The minimum lot size for all the subject land is 40ha.

Proposed planning controls It is proposed to rezone Lots 8, 108 and 186 DP754441 and a portion of Lot 1 DP1191860 to E1. The

objectives of Zone E1 National Parks and Reserves are as follows:

● to enable the management and appropriate use of the land that is reserved under the

National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.



● to enable uses authorised under the National Parks and Wildlife Act 1974.

● to identify land that is to be reserved under the National Parks and Wildlife Act 1974 and

protect the environmental significance of that land.

No development is permitted with consent with uses authorised under the National Parks and Wildlife

Act 1974 permitted without development consent.

Mapping Amendments The following table describes proposed Map Amendments:

Map Sheet Current Proposed

Land Zoning Map Sheet LZN_012

Land zoning map indicates the subject land as zoned E2 and RU2

Change map to indicate land zoned as E1

Lot Size Map - Sheet LSZ _012

Minimum lot size of 40ha shown on map

Remove from Lots Size Map

Land Reservation Map Sheet LRA_012

No current map for this area Create new LRA map for this area and add subject land to map.

A copy of the updated maps can be seen in Figures 4, 6 and 7 of the Planning Proposal (Appendix D -

Page 289). Consistency with relevant State Environmental Planning Policies (SEPPs) and s117 Ministerial Directions Council is required to ensure that any planning proposal is consistent with relevant SEPPs, and S117

Direction. See the Planning Proposal for full assessment of consistency of s117 directions Appendix

D - Page 289) The Planning Proposal is considered consistent with all relevant SEPPs. See the Planning Proposal for

full assessment of consistency with the relevant SEPPs Appendix D - Page 289.

The Planning Proposal is considered inconsistent with the relevant 117 directions, with the exception of three directions considered to be of minor significance. Summary of s117 Direction Inconsistencies

1.3 Mining, Petroleum Production and Extractive Industries

Issued 1 July 2009

Inconsistent but of minor significance

By rezoning the land to E1 to which the planning proposal applies, minerals, petroleum and extractive industries will be prohibited uses. The land on Lots 8, 108 and 186 has been identified on the NSW Trade and Investment Mineral Resource Audit Map due to an abandoned quarry on the site. This land has been acquired by NSW National Parks and Wildlife Service and is considered of minor significance. Consultation with DPI is proposed after gateway determination is received.

1.5 Rural Lands

Issued 1 July 2009








The planning proposal will effect land within an existing rural and environmental protection zone, however the land on all the land parcels is constrained by environmental factors and not suitable for agricultural production.

4.4 Planning for

Bushfire Protection

Issued 1 July 2009


The planning proposal is for land that has been mapped as bushfire prone.

This would be considered as part of the development application process

for any proposed development on the site.

There has been no consultation with the NSW Rural Fire Service. Consultation will be undertaken with the NSW RFS regarding this planning proposal following the Gateway determination and prior to community consultation (if it is supported by DP&E).

A full copy of the Planning Proposal is appended (Appendix D - Page 289) Mayor Campbell declared a non-pecuniary, non-significant interest in the following item as the Infrastructure program included in the 2016/2017 Draft Operating Plan includes rehabilitation of Union Lane and Laurels Avenue, East Kempsey, as she is a resident of this area, the Mayor remained in the chamber.

ITEM 4 OPERATING PLAN 2016/2017 Contact Person: David Rawlings– General Manager File: F12/423-05

PURPOSE To adopt an Operating Plan for 2016/17 following public advertising. One submission was received from the Sherwood Hall Committee requesting a variation to the Fees and Charges, no other submissions were received. MOVED Moved: Cl. Patterson Seconded: Cl. McGinn 1 That the Operating Plan for 2016/17 as advertised be adopted. 2 That the Fees and Charges are amended for the Sherwood Hall as follows; Private hire half day $40.00 Private Hire Full Day $60.00 Night Hire $120.00 Two Day hire $200.00 WORKSHOP



2016.132 RESOLVED: Moved: Cl. Campbell Seconded: Cl. Williams That Council move into workshop to allow discussion in open Council on Item 4. MOTION TO RESUME COUNCIL MEETING

2016.133 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Shields That the formal Council meeting be resumed.

2016.134 The MOTION was PUT to the MEETING and was CARRIED. A Division resulted in the following votes. F = Voted For A = Voted Against



ISSUES

Before adopting the Operating Plan the councillors need to consider any submissions made by the community.

One response was received at the time the report was required to be generated. Should any further submissions be received by the closing date of public advertising a separate update will be provided on these for council to consider.

Council placed on exhibition the fees and charges that sought to standardise hire fees across council’s halls. The Sherwood Hall Committee submitted a request to keep the existing charges to avoid a loss

of hall bookings. (Appendix K – Page 351)

Proposed fees in draft operating plan Sherwood Hall Committee

Private hire per hour $10

Private hire half day $60 Private hire half day $40

Private hire full day $120 Private hire full day $60

Commercial hire per hour $25 Night hire $120

Commercial hire half day $100 2 day hire $200

Commercial hire full day $200

State & Federal elections full day $300

General bond / key deposit each $200

As hall committees look after council assets and raise funds to undertake maintenance and repairs it is a reasonable request from the committee.



An additional item for consideration when adopting the Operating Plan is a recent proposal from the Crescent Head Country Club looking to construct seniors living on the reserve to the north of the club.

A broader strategic view of the future of Crescent Head would inform council when considering this proposal, and the future development of the entire reserve. Such an approach would be the more ideal method of addressing issues facing Crescent Head. However council currently has a resolution to resolve the issues around land use planning urgently. In view of the projects currently being planned in Crescent Head it is prudent that a larger and longer term view be developed.

It is intended to scope the resource impacts of a full strategic masterplan and provide a report back to council to determine Operating Plan priorities. This may impact on the projects currently listed in the Operating Plan.

Listed in the Operating Plan are two projects, one to look at footpath upgrades in the Crescent Head CBD including public domain areas within the foreshore reserve, and the second project is to look at a land use masterplan. A broader more comprehensive plan will incorporate both projects, current proposals and long term planning for Crescent Head.

BACKGROUND

The document as advertised is currently on council’s website at:

https://www.kempsey.nsw.gov.au/council/public-exhibition/draft-operating-plan-2016-17.html

ITEM 5 CHANGE OF MEETING DATE – AUGUST COUNCIL MEETING Contact Person: David Rawlings – General Manager File: TQE16/1

PURPOSE To allow the contract for waste collection to be awarded with sufficient time for the successful tenderer to commence from 1 July 2017. MOVED Moved: Cl. Morris Seconded: Cl. Green That the August Council meeting not be rescheduled from 16 August 2016 to 9 August 2016. The MOTION was PUT to the Meeting and was LOST.

2016.135 RESOLVED Moved: Cl. McGinn Seconded: Cl. Patterson That the August council meeting be rescheduled from 16 August 2016 to 9 August 2016. Councillors Green, Morris and Saul recorded their votes against the foregoing Motion. ISSUES

Council needs to enter into a new waste collection contract from July 2017. The lead-up time for contractors to get the capital equipment for the contract is around nine months.

https://www.kempsey.nsw.gov.au/council/public-exhibition/draft-operating-plan-2016-17.html


The current date of the August 2016 council meeting is in the caretaker period before the election, where the council is restricted from entering into contracts of over $150,000.

The contract is of a large financial magnitude due to the ten year term. The current councillors have the advantage of being involved in the briefings and development of the requirements of the new contract. New councillors may not be able to become sufficiently informed in the available timeframe to understand the implications within the contract.

This means the contract will either need to be determined by the existing councillors before the caretaker period commences or by the new councillors in their first meeting in September 2016. The current councillors are considered better placed to determine the best tenderer due to their previous involvement in waste issues and their ability to determine which factors are important in the assessment.

Council has already set out what is required under the tender. Tenders have been called and will close on 5 July 2016. In determining the contract the councillors are only assessing the relative merit of the providers, not establishing what will be provided as part of the tender.

ITEM 6 MEMORANDUM OF UNDERSTANDING

Contact Person: Robert Pitt – Director Sustainable Environment File: F12/114-04

PURPOSE To affix the seal of Council for a Memorandum of Understanding with Australian International Aviation College.

2016.136 RESOLVED Moved: Cl. Patterson Seconded: Cl. Morris That the seal of Council be affixed to the Memorandum of Understanding document with Australian International Aviation College. ISSUES

At its June 2015 meeting, Council resolved to endorse the confidential heads of agreement contained in the Memorandum of Understanding with Australian International Aviation College. Council is now in receipt of the signed Memorandum of Understanding from the Australian International Aviation College which requires a resolution of Council to affix its seal.

14 RESCISSION MOTIONS Nil

15 NOTICES OF MOTION

ITEM 16 NOTICE OF MOTION - PROPOSAL FOR AN ECONOMIC REVIEW OF THE KEMPSEY SHIRE COUNCIL AREA


REPORT SUMMARY The time to be visionary and pursue a stronger, more prosperous future for Kempsey is now. Are we as a Council and as a community doing enough to drive real sustainable growth and business opportunity? This growth is needed to retain the younger generations in our region and to grow our population. A larger population will bring considerably more business opportunities and community services. This will only happen if all opportunities for growth are examined and actioned appropriately. Innovation funds are currently available from the Federal Government which may be able to be accessed to undertake a comprehensive economic evaluation of the Macleay Valley. 1. That Council collaborates with interested community business organisations and

appropriate government agencies to pursue funding through the Australian Government’s Department of Industry, Innovation and Science to review economic development potential and opportunities within the Kempsey Local Government area.

2. That Council lobbies the local Federal and State Members and appropriate Ministers for

support to undertake an economic review of the Kempsey Shire Council area. This MOTION was WITHDRAWN at the request of Councillor Morris.

2016.137 RESOLVED Moved: Cl. Campbell Seconded: Cl. Shields 1. That Council collaborates with interested community business organisations and

appropriate government agencies to pursue funding opportunities, including through the Australian Government’s Department of Industry, Innovation and Science to review economic development potential and opportunities within the Kempsey Local Government area.

2. That the development of a comprehensive revised Economic Development Strategy be

recommended as a key action for inclusion in the 2017/2021 Delivery Plan to the incoming Council following the Council elections in September 2016.

The Mayor noted that the forgoing resolution was passed UNANIMOUSLY. REPORT SUMMARY The time to be visionary and pursue a stronger, more prosperous future for Kempsey is now. Are we as a Council and as a community doing enough to drive real sustainable growth and business opportunity? This growth is needed to retain the younger generations in our region and to grow our population. A larger population will bring considerably more business opportunities and community services. This will only happen if all opportunities for growth are examined and actioned appropriately. Innovation funds are currently available from the Federal Government which may be able to be accessed to undertake a comprehensive economic evaluation of the Macleay Valley. COMMENTARY


Council considered a Notice of Motion at its Council Meeting of 16 February 2016 where it was resolved that: “That as a matter of urgency Council writes to The Hon. Duncan Gay, MLC, Minister for Roads, Maritime and Freight to request a forum to be held in Kempsey regarding the regional intermodal terminals to allow locals to provide feedback to the Regional Intermodal Taskforce.” To date, I have not received with any feedback in relation to this resolution. Shortly after Council considered the proposal of a Freight and Logistics Hub at its meeting of 16 February 2016, Mr Merv Cunningham and Ms Robyn Clear attended a meeting with Dr Daryll Hull and Mr Nick Lewocki were it was considered that a Freight and Logistics Hub was unlikely to be the most beneficial approach into the future for the Mid North Coast. It was suggested that a better approach would be to undertake a detailed review of the economic potential and business opportunities for the

Kempsey Local Government area. An outline of these discussions is attached as (Appendix J - Page

345) Whilst it is acknowledged that Council is currently pursuing economic opportunities with programs such as the Macleay Valley Food Bowl initiative, will these be enough to generate the broader business opportunities needed for the future prosperity of the Macleay Valley, or are there other untapped opportunities being overlooked that could really make a difference? Council needs a stronger long-term vision to bring prosperity, business development and commerce, jobs, careers and opportunities to the Macleay Valley so that our children do not have to leave for better jobs elsewhere and so we can grow our population, attract additional investment and thereby retain important services and open the doors to greater opportunities. GENERAL MANAGER’S COMMENT As noted above, after Council resolved to ask for a meeting of the Intermodal Taskforce, Mr Cunningham advised that the proposal was not feasible and that he was no longer pursuing that option. The Taskforce was advised that there was no longer any applicant wishing to develop an intermodal hub, and as such, no additional request was placed to have a meeting in the region. It had been established by Council’s staff and others previously that such a project was unviable. Insisting on the NSW Government allocating resources to a meeting with no attendees seeking to develop an intermodal hub and no viable project to put forward was considered detrimental to the chances of gaining future funding or support. It also would use Council resources with no possible positive outcome. Council has already undertaken an assessment of the economic potential for the Macleay Valley and this led to a focus on agribusiness being adopted in the Delivery Plan. Aged care is also an identified growth area, but it is not seen as requiring action by Council to support its growth at the moment. Agriculture was identified as the sector where our local area has a competitive strength and relatively low returns compared to other areas. This indicates a high likelihood that a positive outcome can be achieved. Council has now moved on from this early stage and into implementation of programs to gain industry change and outcomes, such as the Macleay Valley Food Bowl, building relationships with China, developing niche markets, land use investigations, etc. There are also commercial developments in the pipeline that while commercially confidential, will provide good levers for growth in agriculture. Council has been working closely with NSW Trade and Investment, local agriculture businesses, TAFE and universities to develop a program for increased wealth generation in the area of agriculture. These partnerships are well advanced. Early results are encouraging, with full-time employment estimated




to have grown by 34% (159 positions) in the last two years. This shows that there is significant potential upside in this industry. It is expected that the investigative and research work done so far has placed Council in a good position to start building the economic wealth from agriculture, further boosting employment and wealth generated in the area. Council has also invested in building a brand, building relationships within the industry through a series of business growth workshops, undertaking land mapping and undertaking research on ideal crop or livestock opportunities. Starting again with another assessment of the area, as recommended, will mean that these investments will no longer be built upon unless additional resources are provided for this new project. It is not possible to continue with the development of the agricultural industry and develop other industries with the current resources. The Cooperative Research Centre Grants referred to are offered by the Cooperative Research Centre Association. Applications under this program have to be industry led. No industry partner has been indicated to be leading the project or investing in the project. The document indicates that the selection of projects is determined by one Minister referring the application to the Minister overseeing this program and recommending funding. This is contrary to the issued program guidelines, which include processes and a range of assessment parameters that are applied and a process of recommendations from Innovation Australia to the Minister. The application needs to be a consortium involving at least:

two Australian industry organisations including at least one small or medium-sized entity and

one Australian research organisation. The project, as an essential activity, must deliver a product, service or process that will solve problems for industry and deliver tangible outcomes and industry-focused education and training activities. This purpose does not seem to align with the activities proposed in the Recommendation. The recommended action does appear to lead to employing Dr Hull and Mr Lewocki to undertake the research project, but it is uncertain that this would meet the grant requirements. The information provided on this project indicates a poor alignment with the guidelines and priorities attached to the grant program. Indicative costing in the provided information is $100,000. This cannot be accommodated without removing other projects that are currently planned. Based on the project description, it is not practical to provide $100,000 of in-kind support. The guidelines indicate that cash contributions, particularly from industry, will be viewed favourably and may result in an application for funding being deemed more suitable. This means the current proposal, which has no industry investment and in-kind contributions from Kempsey Shire Council, will not rank highly and would be expected to have low probability of a successful outcome.

ITEM 21 MAKING THE RATES AND CHARGES FOR 2016-2017

Contact Person: Tony Curtin– Finance Manager File: F12/423-05


PURPOSE To make Council’s Rates and Charges for 2016/17.

2016.138 RESOLVED Moved: Cl. Patterson Seconded: Cl. Williams That whereas Council has given public notice of its Draft Operational Plan for the year

2016/2017 it is now resolved: a That in accordance with Section 494 of the Local Government Act 1993 Council makes

the Base Amount plus Ad valorem amount of the ordinary rate as set out hereunder for the various categories of all rateable land in the area for the year commencing 1 July 2016:

Category Base amount % Plus Ad valorem $ Section 500 LG Act Cents in $

Farmland 580.00 29.71 0.4880 Residential 550.00 49.59 0.4410 Business - Other 580.00 24.40 0.9230 Business – Kempsey 580.00 17.86 1.1190

CBD b That in accordance with Section 496 of the Local Government Act 1993 Council makes

the following annual charges for the Domestic Waste Management Service for the year commencing 1 July 2016:

Category Charge per Annum

Weekly (defined urban area) $422.00 Weekly (no green waste) $318.00 Weekly (multi residential sites – defined urban area) $280.00 Vacant Lands – Urban $ 42.00

c That in accordance with Section 501 of the Local Government Act 1993 Council makes

the following Commercial Waste Service charge for the year commencing 1 July 2016:

Per single weekly service (240 Litre Sulo) $326.00 Per single fortnightly service (recycling) $92.00

d That the Domestic Waste Management Service and the Commercial Waste Service

charges be based on the number of separate occupancies or domiciles (whether actually occupied of not) contained within each rateable property for which the service is available.

e That in accordance with Sections 501 and 502 of the Local Government Act 1993

Council makes the following annual water access charges for the year commencing the 1 July 2016:


A charge per meter of:-

Meter Size (mm) Access Charge ($) Vacant 281.00

20 281.00 25 434.00 32 706.00 40 1,099.00 50 1,713.00 80 4,369.00 100 6,822.00 150 15,339.00 200 27,685.00 Fire Service 765.00

f That in accordance with Section 501 of the Local Government Act 1993 Council makes

the following annual sewerage access charges for the year commencing the 1 July 2016:

i Access Charge

Residential – Sewerage Base Charge Connected Properties (Per annum) $914.00

Residential – Sewerage Base Charge Unconnected Properties (Per annum) $578.00

Non-Residential (per connection size) Water Meter Size (mm) Access Charge ($)

Vacant 578.00

20 845.00 25 1,327.00 32 1,947.00 40 3,010.00 50 4,760.00 80 12,209.00 100 19,045.00 150 45,353.00

ii Section 501 Charge

Flats (per unit per annum) $914.00 Holiday Flats (per unit per annum) $914.00

g That in accordance with Section 501 of the Local Government Act 1993 Council makes the following Onsite Sewerage Management System – Annual approval fee for the


year commencing 1 July 2016: Single dwelling $ 70.00 per onsite system Small commercial systems $ 120.00 per onsite system Large commercial systems $250.00 per onsite system

5 That in accordance with provisions of Section 566 of the Local Government Act 1993 Council

resolves that the maximum allowable interest rate of 8% be applied to all outstanding rates and charges for the year commencing 1 July 2016

ISSUES

The Commercial Waste Service Charge was incorrectly identified in the Draft Operational Plan as being subject to GST, this is not the case and the charge will reduce to $326.00.

BACKGROUND

Council’s Draft Operational Plan for the year 2016/2017 has been on public exhibition, the Local Government Act requires that a rate or charge is made by resolution of Council.

16 DELEGATES REPORT Nil

17 COMMITTEE REPORTS

ITEM 17 LOCAL TRAFFIC COMMITTEE MEETING HELD ON 7 JUNE 2016

Contact Person: Robert Scott – Director Infrastructure Services File: F12/1073-04

PURPOSE For Council to adopt the minutes of the Local Traffic Committee meeting 7 June 2016

2016.139 RESOLVED Moved: Cl. Patterson Seconded: Cl. Saul That dot point 4.10 be referred back to the Traffic Committee for further consideration and the remaining recommendations of the meeting 7 June 2016 be adopted.

ISSUES

A copy of the minutes of the meeting of the Local Traffic Committee 7 June 2016 is at (Appendix I –

Page 329).

18 DELIVERY PROGRAM PERFORMANCE INDICATORS




19 COUNCILLOR QUESTIONS

2016-5-17

WD-05-03 RBP COUNCILLOR D F SAUL FILE: F12/227-05 QFNM1 What action can Council take over complaints of multiple aircraft flying at very low altitude over homes in the Yarravel area?

AIAC has indicated the company is willing to deal with any concerns or complaints from the public regarding pilot training school operations. Council has received one complaint from a resident who expressed concern that aircraft may have been flying too low in the Yarravel area. The matter was relayed to AIAC who have since advised Council that the students have received additional training in relation to adhering to approved altitudes during landing.

The flights that have been observed are during the conduct of glide-approach training on either runway (22 or 04) at Kempsey Airport. This type of training involves gliding back to the runway from the late downwind position with the aircraft engine at idle-power, and because of this idle-powered type of approach which is a required competency to be met in the Civil Aviation Safety Authority Part 61 Manual Of Standards, the aircraft follows a closer and lower base and final leg of the circuit pattern for the runway, than a normal-powered approach and landing. Civil Aviation Regulation 157 4(d) and 4(e) permit AIAC to perform this manoeuvre below 500 feet above ground level during the course of take-off, landing and for the training of a baulked approach.

AIAC is confident that all of their circuit operations, whether normal, or glide-approach operations are very low risk to any members of the public and noise emissions are even are at lower levels during the conduct of a glide approach, than a normal powered-approach to land.

2016-4-19

WD-05-03 RJS COUNCILLOR B J MORRIS FILE: F12/227-05, D16/18489 QFNM1 What is the progress or anticipated progress of the replacement of the steel plates where the service pits are on the eastern side of the Smith Street works?

The steel covers over the telecommunication pits were intended to be a temporary cover until new pit lids could be installed by Telstra. The lids on the western side have been were identified as being too heavy to be easily removed and Telstra required an alternative option to install on the eastern side. While installation of the new steel pit lids has been completed, the laying of pavers to infill the lids and to restore the paving around the pits has to be undertaken by Council. This work is outside the scope of the principal contract and is being undertaken by a different contractor. As at 24 May three pits have been completed with 12 remaining

2016-6-21

RBP HD-04-03 COUNCILLOR D F SAUL FILE: F12/227-05 QFNM1 Is a DA necessary - should the Clybucca service station be changed to a service and repair centre?


2016-6-21

RJS WD-05-03 COUNCILLOR A P PATTERSON FILE: F12/227-05 QFNM1 What is happening to the road pavement on the corner of South West Rocks Road and Old Station Road – can we have a report?

2016-6-21

RJS WD-05-03 COUNCILLOR E A GREEN FILE: F12/227-05 QFNM1 Could a speed review of heavy truck movements on Belmore River Road be conducted and also investigate changing the speed signs?

2016-6-21

KEO SAD-02-01 COUNCILLOR A T SHIELDS FILE: F12/227-05 QFNM1 Has Council asked the Rural Fire Service to assess the fire hazard risk of the tropical bamboo on the eastern side of the river?

2016-6-21

RJS WD-05-03 COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM1 It is understood that Council is in negotiations concerning the damaged kerb at the roundabouts at South Kempsey interchange, given that Council is responsible for the maintenance of the landscaped areas can something be done to improve the appearance of the central landscaped areas on both the roundabouts as they current present a poor first impression of Kempsey?

2016-6-21

DLR WD-03-02 COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM2 The General Manager made mention of 159 extra positions in agriculture in the GM's comments to Item 16 – can Council please be provided with details of where they have been realised?

2016-6-21

DLR CAD-01-03 COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM3 The General Manager's comments to Item 16 indicated that he didn’t progress the resolution of Council concerning a transport hub which was resolved at the meeting of 16 February 2016. What legislation or Council policy or procedure permits the General Manager to not progress a resolution of Council without referring the matter back to Council, or even notifying Council of the decision?

2016-6-21

RJS HD-06-03


COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM4 Councils Operating Plan includes an action to "Investigate the construction of a wastewater collection and treatment system for Stuarts Point." The six monthly update report presented to the Council Meeting of 16 February 2016 indicated a completed date of February 2016. What is the current status of this report, and when will it be made available to Council and the community?

2016-6-21

KEO CAD-01-01 COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM5 As part of the Special Rate Variation it was indicated that there would be graphical representation of the extra roadworks that have been completed as a result of the special rate variation when will this be implemented?

20 CONFIDENTIAL ITEMS At this stage 12.40pm the meeting adjourned for luncheon and upon resumption at 2.03pm all present at the adjournment were in attendance with the exception of Councillor McGinn. The following item was deferred from earlier in the meeting.

ITEM 1 INCREASE IN ANNUAL EXTRACTION RATE AT THE EXISTING SAND QUARRY, 153 TEA TREE LANE, BELMORE RIVER

Contact Person: Robert Pitt – Director Sustainable Environment File: T6-06-85

PURPOSE Reporting that an application has been received to modify a development consent to increase the annual extraction rate at an existing quarry for a two (2) year period, for which objections have been received. Applicant: Mr J P Phillips Subject Land: Lot 1321 DP785874, 153 Tea Tree Lane, Belmore River Zone: RU1 Primary Production and E2 Environmental Conservation WORKSHOP

2016.140 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Shields That Council move into workshop to allow discussion in open Council on item 1. MOTION TO RESUME COUNCIL MEETING

2016.141 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Shields


That the formal Council meeting be resumed.

2016.142 RESOLVED Moved: Cl. Saul Seconded: Cl. Morris 1 That development consent T6-06-85 (Rev 02) be modified to increase the annual extraction

rate at the existing quarry from a maximum of 20,000 cubic metres per annum to a maximum extraction of 40,000 cubic metres per annum for a maximum two (2) year period at Lot 1321 DP785874, 153 Tea Tree Lane, Belmore River subject to the conditions contained

in (Appendix A - Page 1) with the addition of;

10 b Loaded truck movements be limited to a minimum of 15 minute intervals for departure, except as otherwise limited by other conditions of consent.

2 That the objectors be advised of Council’s decision notified of the conditions of consent and

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



2016.143 RESOLVED Moved: Cl. Green

Seconded: Cl. Williams That the MOTION be PUT. Director Sustainable Environment Services Recommendation: 1 That development consent T6-06-85 (Rev 02) be modified to increase the annual

extraction rate at the existing quarry from a maximum of 20,000 cubic metres per annum to a maximum extraction of 40,000 cubic metres per annum for a maximum two (2) year period at Lot 1321 DP785874, 153 Tea Tree Lane, Belmore River subject to the conditions

contained in (Appendix A - Page 1).

2 That the objectors be advised of Council’s decision. PROPOSED DEVELOPMENT The proposal is to increase in the extraction rate at an existing sand quarry from 20,000 cubic metres per annum to 40,000 cubic metres per annum for a period of 2 years, following which it is expected that the resource will be exhausted.

The proposed increased extraction rate will correspond to an increase in haul vehicle movements from approximately six (6) laden truck movements per day to a maximum of 12 laden trucks leaving the quarry per day.




No change to other activities undertaken at the quarry is proposed, including the extraction method, processing facilities, quarry footprint, screening of quarried material or haul route. No extension to the quarry life is proposed. NOTE: A new separate sand quarry (DA T6-14-122) under similar ownership was approved on 28 April 2016 by the Northern Joint Regional Planning Panel (JRPP). The new quarry will be located on the nearby Lot 1324 DP785874 and Lot 323 DP855616, to the north of the existing quarry. Consent Conditions for the new quarry require that the consent for the existing quarry be surrendered prior to commencement of the new and therefore the two quarries will not operate concurrently. APPROVED DEVELOPMENT The existing approved quarry that has operated since 2001 consisting of the following: ● Extraction and transportation of a maximum of 20,000 cubic metres of sand per year; ● On-site screening and stockpiling of extracted material; ● Progressive rehabilitation of the site; and ● Operating hours are between 7am and 6pm Monday to Friday, and 7am to 12 noon on

Saturdays. The existing sand quarry has been operating at the site since 2001. Sand is quarried from an elevated ridge generally within the eastern section of the site. STATUTORY AND POLICY FRAMEWORK The original application had been assessed against the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979. PERMISSIBILITY The site is zoned RU1 Primary Production and E2 Environmental Conservation under the Kempsey Local Environmental Plan 2013 (KLEP 2013). The quarry is located wholly within the RU1 zone and is permitted with consent. Section 96AA Environmental Planning and Assessment Act, 1979 The original development consent was previously the subject of a third party appeal to the Land and Environment Court in 2001, whereby Council agreed to consent orders to include conditions which deferred commencement of the development until legal and physical access to the site was established. Having regard to this appeal, the proposal is required to satisfy the requirements of Section 96AA Modification by consent authorities of consents granted by the Court, which provides that Council: ● must be satisfied that the development is substantially the same development as the

development for which the consent was originally granted; ● has notified the application in accordance with the regulations and Council policy;


● has notified, or made reasonable attempts to notify, each person who made a submission in

respect of the original development application, and ● has considered any submissions made concerning the proposed modification.

The proposal relating to modification of the extraction rate and associated truck movements is considered to be substantially in accordance with the existing consent, such that the matter may be considered under Section 96AA and all notification requirements have been complied with.

Environment Planning and Assessment Regulation 2000 The proposed modification is not ‘designated development’, having regard to Part 2 of Schedule 3 of the EPA Regulation 2000 if, in the opinion of Council, the alterations do not significantly increase the environmental impacts of the total development (that is the development together with the additions or alterations) compared with the existing or approved development. The effect of being ‘designated development’ is that an Environmental Impact Statement is required to be prepared in accordance with the Director-Generals and EPA Regulation 2000 requirements, with third party appeal rights available to objectors. Other than an increased number of truck movements, the proposed modification does not raise any new issues as it seeks to increase the annual extraction rate only with no increase to the quarry footprint proposed, nor any change to extraction methods, processing or transportation of the sand, such that the proposal is not considered to be designated development. CONSULTATION The proposed modification was advertised in accordance with Clause 118 of the Environmental Planning and Assessment Act 1979 from 9 February 2016 to 22 February 2016, and then re-advertised from 23 March 2016 to 6 April 2016. A total of nineteen (19) submissions were received

by way of objection to the proposed modification which may be summarised as follows: (Appendix B

- Page 18)

Objection Planning Comment 1

Concerns for driver safety as Belmore River Right Bank Road is used by tourists.

1

Subject to considerate and lawful driving by truck drivers, Belmore River Right Bank Road is considered appropriate for use by both heavy vehicles and tourist traffic.

It is recommended that an additional condition be imposed requiring the implementation of a Drivers Code of

Conduct. (see Condition 23b) (Appendix A

- Page 1)

Council will continue to charge developer contributions from the quarry operator for the maintenance of affected local roads, including Belmore River Right Bank Road.

(see Condition 19) (Appendix A - Page 1)







Objection Planning Comment 2 Belmore River Right Bank Road is a

narrow and winding road with some blind corners.

2 Belmore River Right Bank Road meets Council’s standards for a sealed rural road which, subject to considerate and lawful driving by truck drivers, is adequate for the purposes of a haul route, keeping in mind that the road is used by a range of other heavy vehicles. The priority for upgrading and maintaining the road is assessed on an objective basis against other similar rural roads throughout the Shire, such that any acceleration in the deterioration of the road surface as a result of quarry truck movements would elevate its priority under Councils program for works, including the expenditure of Section 94 contributions.

3

There is existing subsidence along Belmore River Right Bank Road that has not been rectified by Council. An increase in heavy vehicles will exacerbate this issue.

3

See Planning Comment 2.

4

Noise impacts as a result of trucks.

4

The noise impact assessment prepared for the proposed modification indicates that road traffic noise from haul trucks will be below relevant criteria specified by the NSW Industrial Noise Policy at residences along the haul route. (see Condition 9)

(Appendix A - Page 1)

5 Structural damage to houses resulting from trucks using Belmore River Right Bank Road.

5 It is noted that many dwellings along Belmore River Road are of older-type construction on piers that were not designed with the benefit of modern engineering techniques on loam soils resulting in inevitable settling over time, such that it is not possible or reasonable to attribute any structural damage to sand trucks. With the implementation of the modified Drivers Code of Conduct (as required by the modified consent conditions), Belmore River Right Bank Road is considered appropriate for use by heavy vehicles by both Council and RMS.

6

Lack of policing of heavy vehicles on Belmore River Right Bank Road.

6

Whilst the regulation of the Australian Road Rules is a Police matter, Council Compliance Officers will intermittently



Objection Planning Comment monitor heavy vehicle movements to and from the quarry to ensure compliance with consent conditions. Any documented breach of the Drivers Code of Conduct would also give rise to actions by Council related to non-compliance with conditions of consent.

7

Safety concerns for school children waiting for buses on the side of the road as there is limited width for two heavy vehicles to pass each other.

7

Recommended modified consent conditions require that haul trucks do not use Belmore River Right Bank Road during the times when the school bus is using the road. An existing condition requiring the erection of truck driver advisory signage is recommended to be amended to reflect the restriction on the use of Belmore River Road during school bus times (see

Conditions 10a and 16) (Appendix A - Page

1)

8

No marker lines on Belmore River Right Bank Road.

8

This is accepted practice for a sealed rural road.

9

Object to trucks heading south on Belmore River Right Bank Road after exiting the quarry access road.

9

Existing conditions require that haul trucks are not permitted to head south on Belmore River Right Bank Road from the quarry access road. Whilst Council will act on verifiable complaints, there is no apparent advantage for trucks to head south via Loftus or Seale roads in breach of this condition.

10 Trucks speed along the straighter sections of the road.

10 Trucks allegedly travelling above the speed limit is a Police matter and Council is unable to restrict speed limits lower than what is legally allowed on the road or issue speeding fines.

The draft consent conditions require the applicant to update their Driver’s Code of Conduct to reduce potential conflicts. (see

Condition 23b) (Appendix A - Page 1)

11 There is a steep fall away in some

sections of the road that make it hard to pull off when a truck is approaching. Also, these are often hidden by long grass.

11 See Planning Comment 2.





Objection Planning Comment 12 Concerns over road conflicts

between quarry trucks and the school buses and milk tanker that use Belmore River Right Bank Road.

12 See Planning Comment 7.

13

Limits should be placed on the times truck movements from the proposed quarry are able to use Belmore River Right Bank Road to Monday to Friday between school bus hours

13


14

Extra heavy vehicle traffic will further deteriorate the road surface and increase Council’s maintenance costs.

14


15 A levy should be charged to repair the road.

15 Existing conditions of consent require contributions from the quarry operator for the maintenance of affected local roads. These funds are pooled with other road contributions and allocated to prioritised projects across the Shire in accordance with Council’s adopted works programs

(see Condition 19) (Appendix A - Page 1).

16

Value of property has decreased due to the quarry.

16

There have been a number of sand quarries operating in the immediate area since 1993. The proposal is for a land use that is permitted with development consent on the land.

The SEE and supporting documents indicates that the proposal will not significantly impact any residences and therefore there is no evidence to support this assertion.

17

The access road is not regularly watered and creates dust.

17

Regular watering of the access road is a requirement of the existing consent (see

Condition 17) (Appendix A - Page 1).

18

Trucks use Belmore River Right Bank Road from 5.30am.

18

The consent limits the quarry operating hours to between 7am and 6pm Monday to Friday and 7am and 12 noon on

Saturdays (see Condition 10) (Appendix A -

Page 1). It is recommended that the existing condition be modified to prevent trucks from using Belmore River Road





19 Has the wider community been 19given the opportunity to comment

on this DA?

Agency Referrals

NSW Environment Protection Authority

before 6:30am or after 6:30pm Monday to Friday and 6:30am and 12:30pm Saturdays.This will enable trucks to access the site to start by 7:00am and in the unlikely event ofhaving to exit the site by 6:00pm.

An advertisement was placed in the Macleay Argus on both 9 February 2016and 22 March 2016 with 51 adjoining owners including those along the haul route, and people who made submissionsto the original DA notified in writing.

The application was referred to the NSW Environment Protection Authority (EPA) as the proposed increase in the annual extraction rate to 40,000 cubic metres of sand is a 'Scheduled Activity' underthe Protection of the Environment Operations Act 1997 and therefore an Environment Protection Licence (EPL) is required. The EPA provided General Terms of Approval (GTA's) to Council on 8 March2016 which have been incorporated into the recommended modified consent conditions (seeconditions Al to El) !(Appendix A - Page 1A.

NSW Office of Environment and Heritage

The application was referred to the Office of Environment and Heritage (OEH) as an authority thatmay have an interest in the proposal due to the site being adjacent to Hat Head National Park andSEPP 14 Wetland within the site. The OEH has no concerns in regards to the proposal being withinthe existing approved quarry area.

NSW Roads and Maritime Service

As the proposed development will result in an increase in truck movements the application wasreferred to Roads and Maritime (RMS) as an authority that may have an interest in the determination of the application. The RMS provided a response which contained a suggested condition of consent relating to a revised Driver Code of Conduct which has been incorporated intothe recommended modified consent conditions and the existing consent incorporates RMSrequirements (see Conditions 1, 13, 14, 16, 23b and 23c) !(Appendix A - Page 1A.

21 CONCLUSION

There being no further business, the meeting terminated at 2.28pm.

I hereby certify that this is a true and correct record of the minutes of the Kempsey Shire Council ordinary.meeting held Tuesday 21 June

2016

.... ��MAYOR-EA CAMPBELL



minutes - ordinary council meeting of kempsey shire

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