minutes ordinary meeting 24 february 2011 · effective leadership, community involvement and...

BELLINGEN SHIRE COUNCIL – MINUTES - ORDINARY MEETING OF COUNCIL 24 FEBRUARY 2011

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BELLINGEN SHIRE COUNCIL

MINUTES

Ordinary Meeting Thursday 24 February 2011

MISSION:

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

effective leadership, community involvement and commitment to service


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MINUTES: Ordinary Meeting of Council held in the Council Chambers, Bellingen on Thursday 24 February 2011 commencing at 9.00am. PRESENT: Councillors Gordon Braithwaite, Kerry Child, Ian Coe, Bruce Cronin, Sean Tuohy and Mark Troy (Mayor).

IN ATTENDANCE: Liz Jeremy, General Manager, Peter Wilson, Director Corporate Services, Wayne Butler, Director Engineering & Operations, Charlie Hannavy, Director Environmental Health & Planning and Louise James, Executive Assistant.

1. APOLOGIES

2. DECLARATION OF INTEREST

02.001/11

Cr Troy Item 8.1

Non Pecuniary – Relative signatory to submission

3. CONFIRMATION OF MINUTES 03.001/11

RESOLVED (Cr Child/Cr Tuohy) That the Minutes of the Ordinary Meeting held on the 15 December 2010 be confirmed. UNANIMOUS RESOLVED (Cr Tuohy/Cr Cronin) That the Minutes of the Works Committee Meeting held on the 15 December 2010 be confirmed. UNANIMOUS

4. MATTERS ARISING Nil

01.001/11

RESOLVED (Cr Child/Cr Braithwaite) That an apology be accepted for Cr Scott.

UNANIMOUS


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TABLE OF CONTENTS

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

4. PUBLIC ACCESS/PRESENTATIONS .................................................................................................. 6

4.1 9.30AM PUBLIC ADDRESS ITEM 8.1 PROPOSAL – CHANGE OF USE (PRIVATE WORKSHOP TO COMMUNITY MEN’S SHED), 16 SOUTH STREET, BELLINGEN ................................................................6 4.2 9.40AM PUBLIC ADDRESS ITEM 8.3 OPEN SPACE AND COMMUNITY FACILITIES STUDY .........................6 4.3 PRESENTATION – RETIREMENT OF SUZIE PALMER.....................................................................................6

5. MAYORAL MINUTE .............................................................................................................................. 9

5.1 QUEENSLAND FLOOD APPEAL DONATION....................................................................................................9

6. NOTICE OF MOTION .......................................................................................................................... 11

7. REPORTS BY GENERAL MANAGER................................................................................................ 13

8. REPORTS BY DIRECTOR OF ENVIRONMENTAL HEALTH AND PLANNING............................... 15

8.1 PROPOSAL – CHANGE OF USE (PRIVATE WORKSHOP TO COMMUNITY MEN’S SHED), 16 SOUTH STREET, BELLINGEN....................................................................................................................15 8.2 PROPOSAL – VIEWING PLATFORM & ASSOCIATED WORKS, CHURCH STREET NORTH ROAD RESERVE, BELLINGEN........................................................................................................................33 8.3 OPEN SPACE AND COMMUNITY FACILITIES STUDY...................................................................................48 8.4 STRATEGIC LAND USE PLANNING PRIORITIES...........................................................................................52 8.5 STREETLIGHT UPGRADE (ENERGY EFFICIENCY) ......................................................................................56

9. REPORTS BY DIRECTOR OF CORPORATE SERVICES................................................................ 64

9.1 MANAGEMENT PLAN 2010/11 – 2013/14 ACHIEVEMENT REPORT 31 DECEMBER 2010 ...........................64 9.2 ANNUAL REPORT 2009/10..............................................................................................................................65 9.3 RURAL FIRE SERVICE BELLINGEN DISTRICT ALLOCATION 2010/11 AND BID ESTIMATES 2011/12 .....67 9.4 BUDGET REVIEW STATEMENT – PERIOD ENDED 31 DECEMBER 2010.....................................................72

10. REPORTS BY DIRECTOR OF ENGINEERING AND OPERATIONS............................................. 75

10.1 RALEIGH AGED CARE FACILITY DA2009/DA-160 .........................................................................................75 10.2 VALUE MANAGEMENT WORKSHOP REGARDING REINSTATEMENT OF BOWRAVILLE – BELLINGEN ROAD...........................................................................................................................................80

11. REPORTS FROM COUNCIL COMMITTEES.................................................................................... 84

12. MINUTES FROM ADVISORY COMMITTEES .................................................................................. 86

12.1 MINUTES – LOCAL TRAFFIC COMMITTEE – 10 FEBRUARY 2011 ..................................................................86 12.2 MINUTES – LOCAL HERITAGE ADVISORY COMMITTEE – 2 DECEMBER 2010...............................................87 12.3 MINUTES –DORRIGO COMMUNITY SERVICES ADVISORY COMMITTEE – 22 NOVEMBER 2010 .............88 12.4 MINUTES – ARTS & CULTURAL ADVISORY COMMITTEE – 16 DECEMBER 2010 .......................................89 12.5 MINUTES – SOCIAL PLAN ADVISORY COMMITTEE – 9 DECEMBER 2010 ..................................................90

13. CORRESPONDENCE ....................................................................................................................... 92

14. AUTHORITY TO AFFIX THE COMMON SEAL OF COUNCIL FOR ITEMS NOT INCLUDED IN REPORTS................................................................................................................................. 94

14.1 LOAN FACILITY – CONSTRUCTION OF RALEIGH WORKS DEPOT..............................................................94

15. ITEMS FOR INFORMATION ............................................................................................................. 96

15.1 REPORT ON INVESTMENTS AS AT 31 JANUARY 2011.................................................................................96 15.2 DEVELOPMENT APPLICATION PROCESSING REPORT ..............................................................................98

16. MATTERS OF AN URGENT NATURE ........................................................................................... 100

17. QUESTIONS WITH NOTICE ........................................................................................................... 102

17.1 ROAD SWEEPING SERVICE ARRANGEMENTS WITH COFFS HARBOUR CITY COUNCIL.......................102


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18. COMMITTEE OF THE WHOLE....................................................................................................... 104

19. REPORT ATTACHMENTS.............................................................................................................. 107


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4. PUBLIC ACCESS/PRESENTATIONS


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4. PUBLIC ACCESS/PRESENTATIONS

4.1 9.35AM PUBLIC ADDRESS ITEM 8.1 PROPOSAL – CHANGE OF USE (PRIVATE WORKSHOP TO COMMUNITY MEN’S SHED), 16 SOUTH STREET, BELLINGEN

The Mayor declared an interest and left the Chamber at 9.35am.

The Deputy Mayor assumed the Chair.

Ms Marjorie Hawkins addressed Council objecting to the Development Application.

Ms Michelle Stockton addressed Council in support of the Development Application.

Next business Item 8.1

4.2 10.00AM PUBLIC ADDRESS ITEM 8.3 OPEN SPACE AND COMMUNITY FACILITIES STUDY

Ms Caroline Joseph, on behalf of the Bellingen Showground Trust, addressed Council in support of the Open Space and Community Facilities Study. Next business Item 8.3

4.3 10.15AM PRESENTATION – RETIREMENT OF SUZIE PALMER

File/Index: Staff Corporate Services (Corporate Management)

Author: Peter Wilson

Suzie Palmer commenced employment with Bellingen Shire Council on 4 January 1994 in the position of Computer Operator. In May 2001 Suzie was appointed, under a job share arrangement, to the position of Creditors Clerk, continued to provide support for the Information Technology functions and provided relief in the Payroll Clerk position. In February 2003 Suzie was offered full time employment in the position of Computer Operator/Creditors Clerk and her job responsibilities also required her to act as the relief Payroll Clerk. In December 2005 she was offered a secondment to the position of Information Technology Officer and in September 2006 Suzie was appointed to the position of Manager Information Technology. Suzie has made a great contribution to the organisation in the development and management of our information systems. Achievements include the development of the organisation’s first IT Strategic Plan, initiation of a Civicview Audit, blade server upgrade, project management of the IT systems during the Administration Building upgrade (noting that there was no IT downtime during the construction period), library upgrade of Personal Computers, implementation of the online DA tracking software, improvement of remote sites access to the mainframe and changeover of 40+ PCs and installation of MSOffice.


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Suzie, during her seventeen (17) years of service with Council, demonstrated a high degree of multi-skilling and because of her skills and competencies was able to develop a career path from Computer Operator to a management position. Susie finished work on the 29 October 2010 and after taking a period of leave officially retired on the 4 February 2011. Council and staff wish Suzie a very long and happy retirement.

The Meeting adjourned for morning tea at 10.20am

The Meeting reconvened at 10.40am



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5. MAYORAL MINUTE


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5. MAYORAL MINUTE

5.1 QUEENSLAND FLOOD APPEAL DONATION

During early January we witnessed the unfolding flood crisis in Queensland culminating with the massive deluge that devastated parts of Toowoomba, the Lockyer Valley and Brisbane Valleys. The severity of these events and tragic loss of life touched the consciousness of all. I believed it was important that Council responded to the call for support quickly rather than waiting until the end of February. Following consultation with Councillors a $3,000 donation to the Queensland Premier’s Flood Appeal was authorised. Council donated $3,000 to the Victorian Bushfire Appeal. I seek Council’s support in endorsing the Queensland Flood Appeal donation. RECOMMENDATION: That Council donate $3,000 to the Queensland Premier’s Flood Appeal.

05.001/11

RESOLVED (Cr Troy/Cr Tuohy) That Council donate $3,000 to the Queensland Premier’s Flood Appeal. UNANIMOUS


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6. NOTICE OF MOTIONS


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6. NOTICE OF MOTION

NIL


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7. REPORTS BY GENERAL MANAGER


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7. REPORTS BY GENERAL MANAGER

NIL


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8. REPORTS BY DIRECTOR OF ENVIRONMENTAL HEALTH AND PLANNING


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8. REPORTS BY DIRECTOR OF ENVIRONMENTAL HEALTH AND PLANNING

8.1 PROPOSAL – CHANGE OF USE (PRIVATE WORKSHOP TO COMMUNITY MEN’S SHED), 16 SOUTH STREET, BELLINGEN

File/Index: 2010/AF-259

Author: Keiley Hunter, Development Planner

REPORT SUMMARY:

To provide all information relevant to the assessment of Development Application 2010/DA-209 for a Change of Use (private workshop to community Men’s Shed) proposal located at 16 South Street, Bellingen, and to make recommendations in order for the Council to determine the subject application.

Council is required to take into consideration the requirements of the NSW Environmental Planning and Assessment (EP&A) Act 1979 when assessing a Development Application. Section 79C of the EP&A Act requires Council to take into consideration various matters including environmental, social and economic issues. These issues are dealt with in this report. Sixteen individual submissions from the public were received comprising ten objections and 6 letters of support

REPORT DETAIL:

Application No: 2010/DA-209

Proposal: CHANGE OF USE (Private Workshop To Community Men’s Shed)

Subject Land: Lot 4 Sec 5 DP 758084 – No 16 South Street, Bellingen.

Applicant: Michelle Stockton on behalf of Bellingen Rotary Club

Zone: Zone No. R1 General Residential under the provisions of Bellingen Local Environmental Plan 2010

Locality Plan:

Proposed Site


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THE PROPOSAL

The subject proposal seeks consent to change the use of an existing private workshop to a community Men’s Shed.

The proposal involves minor alterations to the existing workshop including soundproofing and fire retardant insulation and provision of accessible sanitary facilities.

The community Men’s Shed will provide a place for men to learn basic woodworking skills from other men, mainly retirees. At the same time, the Men’s Shed provides an opportunity for men to mentor others, teach new skills, make new friends and generally communicate within a familiar environment.

The subject community Men’s Shed is to be developed under the auspices of the Rotary Club of Bellingen.

The existing shed has been used as a workshop for many years. Alterations to the workshop were approved by Council in 1983 via Building Application No:137/83. The owners will continue to occupy the residence located in the eastern part of the shed under this proposal. The owner is a retired carpenter who will be involved in the community Men’s Shed operations.

Initially, the community Men’s Shed will operate one day per week (possibly Wednesday) between 10am to 3pm for a session involving retired / unemployed men and one afternoon / evening per week from 4.30pm to 7.30 pm for working men. The Men’s Shed will increase its opening hours to cater for another session for primary and high school boys to work with mentors from 4.00pm to 7.00 pm on one other week night evening.

As the Men’s Shed is a relatively new concept for the area it is difficult to determine exactly which days / evenings will suit and how well attended the sessions will be. Based on interest shown to date, it is estimated that between 10 and 15 men would attend the shed on a regular basis.

The site is surrounded by residential dwellings and is in the vicinity of the Bellingen Primary School. The dwelling on the western side of the site is used as a home based family day care centre. The Bellingen Burrow Long Day Care Centre is located on the southern side of the lane at 11 Bowra Street. The SES Emergency Operations Centre and Bellingen Council (local) Works Depot are located opposite the site on the northern side of South Street. The existing building is constructed to the front boundary which was typical of older industrial buildings. The site has access to South Street and the rear lane.

The main issues arising from the proposal are:

a) The continuation of a light industrial use in a residential area;

b) Noise impacts to surrounding residents;

c) Car parking.

d) Rear lane upgrading.

The DA documentation provided was relatively basic, however it was sufficient to provide an understanding of the impacts of the proposal so that a merit based assessment could be made.


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Detailed design documentation of the car parking area, waste management and laneway upgrade will be required with the Construction Certificate application.

Site History

Building Application 94/77

Storage shed for CIG Cylinders, Medical and Industrial Gases.


Approved alterations and additions to commercial premises (formerly Hillsdon’s Engineering Works) involving additions to the southern side of the existing factory and the construction of a brick skin around the perimeter.


Conversion of Commercial Premises to Dwelling – approved to allow conversion of the eastern part of the premises for residential purposes.

SECTION 79C(1) MATTERS FOR CONSIDERATION

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

Bellingen Local Environmental Plan 2010:

Clause 11 – Zoning Controls; Definition of development & Permissibility

The subject land is zoned R1 General Residential under the provisions of the Bellingen Local Environmental Plan 2010 (BLEP 2010). The proposed development is identified as a ‘community facility’ and is permissible with consent in the subject zone.

The objectives of the zone are as follows:

• To provide for the housing needs of the community.

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

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

• To ensure that any non-residential land uses permitted within the zone are compatible with the amenity of the area.

• To ensure that the height and scale of buildings are compatible with a low density residential character.

The subject proposal is not related to residential housing, however it is a land use that will contribute to the community infrastructure of Bellingen. The proposal is generally compatible with the amenity of the area in that it is a continuing light industrial use of an existing small scale workshop that will operate intermittently for scheduled activities throughout the day and early evening.

Other Special matters for consideration listed in BLEP.


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No additional provisions apply to the proposal.

State Environmental Planning Policies:

There are no State Policies that are relevant to this proposal.

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

Bellingen Shire Development Control Plan 2010 (DCP)

The proposal is considered to comply with the relevant parts of the DCP as discussed below.

Chapter 5 – Car Parking and Vehicular Access

Five on-site car parking spaces are to be provided at the rear of the building with access off the lane. Overflow parking is available in South Street, however, demand for parking in this area is high during school hours. A bike rack will be provided at the front of the premises.

Schedule 5.1 – ‘Parking and Access Requirements for Development’ does not specify the number of car parking spaces required for a community facility.

As this is a relatively new concept, it is not clear how many car parking spaces will be required for this proposal. It is anticipated that some visitors, particularly school aged boys, will walk or ride to the facility due to its central location, reducing the need for on-site car parking spaces.

One of the rear car parking spaces is to be an accessible space for people with disabilities.

Chapter 9 – Landscaping Requirements

Section 9.3 provides that this chapter will apply when development consent is required for ‘any other development that may require landscaping for visual screening purposes or similar’.

The existing workshop is built to the road reserve, limiting the space available for landscaping.

It may be possible to enhance the existing shrubs along the western boundary between the shed and the dwelling / family day care centre located at 18 South Street to mitigate noise and visual impacts from the proposal. A condition of consent can be imposed that requires the preparation of a Landscape Plan that provides for increased landscaping in this area.

Chapter 11 – Advertising and Notification of Development Applications

The subject proposal is identified in the table to Section 11.6.4 as a community facility and is therefore Advertised Development. The DA was notified to surrounding owners and advertised for 21 days from 14 October to 4 November 2010.

Sixteen (16) submissions were received by Council. Of these, six were in support of the proposal and ten submission makers objected to the proposal. Note that five of the 16 submission makers submitted a second letter of objection following the receipt of additional information.


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A ‘neighbourhood petition’ objecting to the proposal signed by 20 people was also received by Council. However, 13 of these people also signed individual submissions.

The matters raised in submissions are discussed later in the report.

Chapter 8 – Flood and Riverine Processes

The site is located within the Probable Maximum Flood area, therefore this clause applies. The proposal is identified as non-habitable minor development and has no specified Flood Planning Level. The proposal will have no effect on flood behaviour.

Chapter 14 – Equity of Access

The provisions of this Chapter apply to DA’s for the change of use of a building. No details were provided with the application regarding accessible facilities, however, during the site inspection, the applicant advised that the toilets at the rear of the workshop would be made accessible and one car parking space would be reserved as an accessible space.

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

There is no planning agreement for this development.

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

N/A

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

Context & setting

The workshop is located in a residential area of Bellingen and is surrounded by low density residential dwellings on either side and behind the rear lane.

One of the adjoining properties is used as a Long Day Care Centre. The SES emergency shed and a Council works depot are located on the opposite side of South Street. Bellingen Public School in Lovett Street is approximately 80 m from the site.

A ‘community facility’ is considered to be consistent with the mixed land use context of the area. The existing ‘home’ workshop is not out of character with the uses occurring in the area.

The intensification of use of the workshop will increase noise and traffic impacts in the area whilst the facility is in use. The limited duration of use of the premises for the proposed Men’s Shed will considerably mitigate those impacts by confining impacts to within the advertised operating hours. Any consent can be conditioned to limit the opening hours to one day and two evenings per week until 7.30 pm.


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This is not considered to be excessive and is generally consistent with noise and traffic impacts that are likely to arise periodically from evening functions held at the primary school.

Access, transport & traffic

The applicant has estimated that 10 to 15 people would attend each session. Five on-site car parking spaces have been provided at the rear of the shed and a bike rack will be located at the front of the shed.

Designated car parking is not permitted within the South Street road reserve. This area is within the 40kph School Zone and is within the area marked with ‘dragon’s teeth’ road markings. Parking within this area would reduce visibility and safety, particular during school drop off and pick up hours.

As the premises are centrally located, some of the attendees may walk or ride to the premises. A bike rack is to be installed at the South Street entrance to the shed.

Flora & Fauna

Council can be satisfied that the application will not have a significant adverse impact upon threatened species of flora and fauna pursuant to Section 5A of the NSW Environmental Planning & Assessment Act 1979.

Waste

Additional waste (in excess of general domestic waste) will be generated by the proposal in the form of sawdust, timber off-cuts and general building waste. A Waste Management Plan detailing how waste will be managed and/or recycled is to be submitted for approval prior to commencement of the activity.

Noise & Vibration

The shed has been used for cabinet making for approximately ten years. The building has also been used historically for engineering activities involving noise generation. Noise generated from the proposed activity is not expected to exceed current noise levels.

Given the historical use of the building it is not considered necessary to require a detailed noise assessment. It is considered appropriate to limit hours of operation of the facility (see below) and to set a twelve month trial period as a condition of Development Consent. Impact related issues can be dealt with as a function of compliance.

Any noise and vibration impacts would be limited by the hours of operation which will be limited to the following hours:

a) 10 am to 3 pm for one week day per week; and

b) 4.00 pm to 7.30 pm for two week days per week.

These hours could be varied by a ‘modification of consent’ application which would be notified to surrounding owners for their comment.

Social impact in the locality

The proposed activity is considered to be compatible with the mixed range of uses in the area, as it is a community use that will provide educational and social opportunities for the target group (men) on an intermittent basis.


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Community Men’s Sheds aim to provide a social opportunity for men to mentor other men and have been found to generally improve the health and well-being of the participants.

Economic impact in the locality

The economic impact will be minor as the proposal is a community based ‘not for profit’ activity.

Site design & internal design

The use of this particular site is opportunistic and makes practical use of an established cabinet making facility that is generally ready for use subject to the consent requirements for upgrading of the facility. It is important that the proposed community Men’s Shed is centrally located within the town area to enable those without transport to attend the facility.

As discussed earlier, car parking is limited however it is expected that some of the participants will either walk or ride to the site.

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

The site is suitably located and is of adequate size and shape for the proposed development.

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

Any Public Submissions

The application was notified to adjoining owners and advertised from 14 October 2010 to 4 November 2010. Sixteen (16) submissions and a petition signed by 20 surrounding residents were received and copies are attached for the benefit of Councillors. The main points of objection are discussed below.

Note that five of the submissions makers submitted two letters of objection. Six submissions were in support of the proposal.

Submission - The site is within the Bellingen Primary School “School Zone” and is in close proximity to preschool day care facilities.

Comment - The site, comprising a light industrial workshop and residence has been in use for many years, and has existed nearby the school and day care facilities without any recorded incidents or complaints.

The proposal will intensify that use, however, opening hours of the facility will be limited to two days and two evenings per week, which will limit any impacts arising from the proposal to within a prescribed and reasonable timeframe.

Submission – Noise, particularly from power tools, would impact negatively on all surrounding property.

Comment - The proposed use is not considered to vary significantly from current and historical practices on the site. Council has no record of noise or any other nuisance related complaints from surrounding premises over time. It is considered appropriate to apply


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conditions of Development Consent to the land use such as hours of operation, noise limits etc. which can be enforced by Council as a function of compliance.

Submission –The parking plan is inadequate. The proposal will impact negatively on parking and traffic in an area already busy with school children, pedestrians, cars and buses moving to and from the primary school.

Comment - Increased traffic and demand for parking are likely to be minimal based on the operation of similar facilities. The premises are centrally located to provide easy pedestrian or bike access and it is anticipated that actual vehicle usage will be minimal.

Opening hours will be between 10am and 3pm and 4.00pm and 7.30 pm which are outside of the school ‘peak hours’.

A detailed parking plan will be required with the Construction Certificate documentation.

Submission –An allocated area of parking has been placed along the walkway area from the existing premises to the edge of the road in South Street.

Comment - No designated car parking spaces for the proposal will be permitted in the road reserve. Five on-site car parking spaces are provided at the rear of the shed with access from the rear lane.

Submission –Current owner operating machinery from 7:30 am - noise levels are already unacceptable.

Comment - Hours of operation will be restricted to one weekday between 10 am and 3.00 pm and two weekday evenings between 4.00 pm and 7.30 pm. There is no evidence to date to suggest that the historical use of the building has created adverse noise impacts in the locality. In any case noise can be regulated via recommended conditions of Development Consent.

Submission –This development is not appropriate in a residential area.

Comment - Community facilities are permissible in a residential area and are consistent with the zoned objective to ‘enable other land uses that provide facilities or services to meet the day to day needs of residents’.

However, zone objectives are also to ‘ensure that any non-residential land uses permitted within the zone are compatible with the amenity of the area’.

In this regard, it is considered that the restrictive opening hours and consent conditions regarding car parking will adequately mitigate any impacts that are not compatible with the amenity of a residential area.

Submission –Men’s Sheds in other towns in our area are located in industrial estates or the showgrounds where noise and traffic/parking issues are not a problem for residents.

Comment - The subject proposal seeks consent for the Men’s Shed in a particular location – 16 South Street. It is beyond the scope of this process to assess or recommend an alternative site for the proposal.


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The reason that the subject facility is to be located at this site is the opportunistic use of an existing workshop that has the additional benefit of an on-site owner with wood working skills.

Submission –Are there going to be issues of fumes from paints and solvents that could effect children’s health at both Bellingen Burrow and the local school.

Comment - Conditions of Development Consent relative to the use can address this matter. It is important to bear in mind that the proposal is a Community workshop, not an industrial factory.

Submission –Increased traffic to the lane would increase danger to children walking home from school. Part of which is unsealed and rutted due to recent floods.

Comment - The lane is required to be upgraded under this proposal. Up to six vehicles may enter and exit the site up to 3 times a week. Based on the traffic already generated at school times in the vicinity of the site, this is not considered to be a significant increase in traffic volume.

Submission –The owner of this property may have used the workshop for woodworking in the past however we are not aware that this was a business or of any DA that approved the building for use as such. There is a huge difference in an owner of a property using it to do woodwork and the property becoming a public workshop where many non-residents can use power tools and do what amounts to light industrial work.

Comment - The workshop operated as an engineering workshop prior to 1983 and the use continues as a home occupation / industry. The subject proposal seeks to change that use to a community facility which is considered to be more compatible with surrounding residential land uses than an engineering workshop.

Hours of operation are restricted to mitigate impacts to neighbours to well below the hours under which a home workshop could currently operate.

Submission –No toilets are shown in the men’s shed and ladies and gents toilets are shown instead in the dwelling.

Comment - Toilet facilities servicing the existing workshop exist to the rear of the building and are currently accessed from outside the building. It will be recommended that a unisex disabled toilet facility be provided to service the proposed development.

Submission –The guideline that was attached to the DA recommends that large bulk storage waste areas are also required around men’s sheds, but it is hard to see where storage could be made if all spaces are taken up by car parking.

Comment - A Waste Management Plan and a detailed car park design are to be provided detailing how/where waste will be disposed and details of the car parking layout including aisle widths and location.

Submission –No additional information was provided regarding safety including fire and spill safety equipment. Safety signage, dangerous chemicals store, exhaust areas for mixing, and proposed improvements to noise and dust abatement issues.

Comment - These matters will be covered by the recommended conditions of Development Consent ie. required fire safety measures in accordance with the Building Code of Australia (BCA), conditions regarding preservation of amenity of the neighbourhood as a result of the proposed development going ahead and storage and handling of any hazardous type


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materials in accordance with Work Cover guidelines and any Material Safety Data Sheets (MSDS) that relate to products used.

Submission –The property remains prone to flooding due to its low lying position and we feel this makes it unsuitable for use as a public workshop and for using power tools and machinery.

Comment - The site is located within the PMF area, however is not identified as flood prone land.

Submission –Soundproofing of internal walls is of benefit to the site residents rather than the adjoining properties and the people who live there.

Comment - There will be a recommended requirement for the existing dwelling and workshop within the building to be separated by a construction method to achieve a minimum Fire Resistance Level (FRL). The provision of a wall with a specified FRL has inherent sound attenuation properties. Given the historical use of the building, at this stage it is not considered necessary to require any additional sound attenuation from the building. If noise becomes problematic there is provision to require measures to be taken to control the amount of noise emanating from the building. These provisions exist both within the NSW Environmental Planning and Assessment Act 1979 (Orders provisions) and the NSW Protection of the Environment Operations Act 1997 (Environment Protection Notices).

Submission –We do not feel that this application should be seen or used as an opportunity to value add to the property to the perceived detriment of neighbouring properties or change the 1A residential status of the neighbourhood by some veiled clandestine motive under the guise of social improvement infrastructure for the community.

Comment - The proposal will not change the zoning of the subject land or surrounding land. The continued use of the workshop is permitted as a home occupation or home industry. The subject proposal will change the use of part of the property from an industrial use to a community use. The use of part of the property for residential purposes will continue under this proposal.

Submission – We would like Council to address potential future development applications…to ascertain Council’s intention to modify the residential status of the neighbourhood, and investigate the current owner’s motives to convert this property into a fully functional industrial site or the potential to convert to flats or unit accommodation, which would be totally unacceptable.

Comment - Council has no strategic planning proposals to rezone the property to an industrial zone. Multi dwelling housing and residential flat buildings are permitted with consent in the R1 General Residential zone.

Submission –The latest information…has not addressed the issue of flooding which has been extensive in recent times, despite upgrades, the impact on the rear lane’s structural integrity due to proposed increased use (which we are justifiably sceptical and cynical) and the alterations needed to cater for stormwater flows from the houses and the incline.

Comment - The site is located within the PMF area, however is not identified as flood prone land. The applicant is to provide an approved dish drain to direct stormwater from the internal access area into the table drains within the rear lane to improve stormwater discharge.

Submission – If this organisation (Community Men’s Shed) should cease or move to another location could this change of use be used for some other purpose at these premises.


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Comment - Currently, the workshop is permitted within the site as a home occupation or industry. Within the R1 General Residential zone ‘home occupation’ is permitted and does not require consent. Home industries are permitted with consent. These uses are defined as follows:

home occupation means an occupation carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

(a) the employment of persons other than those residents, or

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c) the display of goods, whether in a window or otherwise, or

(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), or

(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, but does not include bed and breakfast accommodation, a brothel or home occupation (sex services).

home industry means a light industry carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

(a) the employment of more than 2 persons other than those residents, or

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or

(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the light industry carried on in the dwelling), or

(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation or sex services premises.

Submission –Concern regarding reduced security in my back yard (off the lane). Potential users of the men’s shed include unemployed males. Previous experience at Nambucca and Coffs Harbour men’s sheds are that men’s sheds can degrade to unsavoury places for unemployed drug users to hang out.

Comment - Consultation with the operators of the Nambucca and Coffs Harbour Men’s Shed confirm that this is not the case. Supervisors are required to submit police checks to ensure they have no police records that would impact on their ability to manage a group of men’s shed participants.

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

Approval of the application is not considered to be contrary to the public interest. Community Men’s Sheds are considered to be an important community facility that assists in the promotion and management of men’s health and social well-being.


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Internal Referrals

Engineering and Operations Division

Council Development Engineer (summary):

Access:

- Principle access via the rear lane which is in poor condition.

- Bitumen pavement finished at the eastern corner of the lot.

- Five car parking spaces are to be provided in the rear of the site.

- The proposal will intensify traffic volume within the lane, therefore lane upgrading is required.

- The lane should be upgraded to (at least) match the existing bitumen standard for the extent of the site frontage to the lane.

- The existing driveway access is to be upgraded, extended to the lane formation with splays provided on each side of the driveway.

- A dish drain is to be provided along the road reserve between the lane formation and the rear boundary.

Stormwater:

- Stormwater management in the area of the access of the laneway is to be upgraded using a new dish drain.

Parking:

- Five on-site car parking spaces at the rear of the building are shown on the plan.

- Seven spaces are shown at the front of the building within the South Street road reserve.

- Car parking is not permitted within the South Street road reserve.

Consent conditions recommended.

Health & Building Surveyor

The current building is generally divided into two existing uses, one being residential (attached dwelling) and the other a workshop for trade activities, specifically woodworking and carpentry.

The building will be class 4 & 8 pursuant to the Building Code of Australia (BCA).

Principle issues from a Health and Building perspective are detailed below and appropriate conditions detailed within the recommended conditions.

Fire Resistance Levels (FRL)

The Class 4 (dwelling) and Class 8 (workshop) parts of the building must be separated by a wall achieving an FRL of 90/90/90. This figure represents the construction of a wall capable of maintaining its structural adequacy, integrity and insulation properties for a period of 90 minutes. A detail of compliance with this will be required prior to the issue of a Construction Certificate.


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Storage and handling of hazardous substances

A condition will be imposed in the Development Consent requiring the storage and handling of goods and materials used in conjunction with the operation of the facility to be done so in accordance with relevant Work Cover requirements and associated Material Safety Data Sheets (MSDS) specific to materials and substances.

Amenities

The existing outdoor toilet facility will be required to be converted to a unisex disabled toilet facility prior to Council issuing a Final Occupation Certificate for the use of the workshop as a ‘Men’s shed’.

Essential services (fire safety measures)

Pursuant to the Building Code of Australia (BCA), the workshop part of the building will be required to be provided with Portable Fire Extinguishers compatible with the function and use of the building. The workshop part of the building will also be required to be provided with exit signs appropriately located within the building.

Trial period

It is also recommended as part of the Health and Building referral process that the Development Consent contain a condition stating that the use of the workshop part of the building as a ‘Men’s Shed’ be limited to a trial period of 12 months.

The intended purpose of this condition would be to enable the facility to operate on a trial basis wherein the operations can be monitored by Council and any potential impacts to be quantified by Council.

BUDGETARY IMPLICATIONS:

Nil

SUSTAINABILITY ASSESSMENT:

The proposal makes practical use of a centrally located existing resource. The proposal will provide an important facility to meet the social needs of community members.

CONSULTATION:

Consultation has occurred with the applicant/owners, relevant Council staff and other Community Men’s Shed organisations.

CONCLUSION

All matters under Section 79C (1) of the NSW Environmental Planning and Assessment Act 1979 have been carefully considered and the relevant matters have been discussed in the foregoing report.

RECOMMENDATION:

That the Consent be granted pursuant to the provisions of Section 80(1) of the NSW Environmental Planning and Assessment Act, 1979 subject to the following conditions for the reasons shown in brackets at the end of each condition:-


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PLANNING CONDITIONS

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

PLANS

2010/AF-259/1 to 2010/AF-259/2 inclusive

[To ensure the legality of the development]

2) Hours of use / operation of the Community Men’s Shed are restricted to the following:

a) 10 am to 3 pm for one week day (Monday to Friday) per week; and

b) 4.00 pm to 7.30 pm for two week days (Monday to Friday) per week.

Variation of these hours requires a Modification of Consent Application under the provisions of Section 96(1A) of the NSW Environmental Planning and Assessment Act 1979.

[To limit hours of use in the interests of the surrounding residents.]

3) Access and facilities for persons with disabilities are to be provided to and within the development in accordance with AS 1428 - Design for Access and Mobility and Part D3 of the Building Code of Australia. An accessible car parking space is to be provided in a suitable location at the rear of the workshop. The existing toilet facility at the rear of the building shall be made into a unisex disabled toilet in accordance with AS 1428. Works are to be completed prior to the commencement of use of the development.

[To ensure adequate parking, access and facilities for persons with disabilities]

4) A Landscape Plan that provides for increased landscaping along the western boundary between No.16 and No.18 South Street is to be submitted to Council for approval prior to release of the Construction Certificate.

[To mitigate visual and noise impacts to the adjoining property.]

5) A Waste Management Plan detailing how and where waste will be managed and/or recycled is to be submitted for Council approval prior to commencement of the activity.

[To ensure appropriate waste management.]

HEALTH & BUILDING CONDITIONS

6) The proposed use is limited to a period of 12 months from the date of determination of this Development Consent. This Condition may be modified or deleted via application submitted pursuant to Section 96 of the NSW Environmental Planning and Assessment Act 1979.

[To facilitate the function of the proposed development and to permit monitoring of the development by Council for any adverse impacts in the locality]

7) The Class 4 (dwelling) and Class 8 (workshop) parts of the building must be separated by a wall achieving a Fire Resistance Level of 90/90/90 pursuant to the Building Code of Australia (BCA). This figure represents the construction of a wall capable of maintaining its structural adequacy, integrity and insulation properties for a period of 90


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minutes. Details on the method of construction of the wall will be required prior to the issue of a Construction Certificate.

[Fire Safety]

8) The storage and handling of goods and materials used in conjunction with the operation of the facility (Men’s Shed) is to be done so in accordance with relevant Work Cover requirements and associated Material Safety Data Sheets (MSDS) specific to materials and substances.

[To ensure compliance with relevant standards]

9) The proposed use must not be conducted in such a manner as would interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, ash, dust, waste water, waste products, oil or otherwise.

Generally:

� The noise level emanating from the use of the development must not exceed the background level by more than 5d(B)A when measured at any receiver residence.

[To preserve the amenity of the area]

10) The Fire Safety Measures listed in schedule below are to be installed in accordance with the Building Code of Australia.

Pursuant to Clause 168 of the NSW Environmental Planning & Assessment Regulation 2000, it will be necessary for the owner of the building, on completion of work, to furnish Council with a Final Fire Safety Certificate from a competent person so as to certify the Fire Safety Measures listed in the attached schedule, that are appropriate to the building.

In addition, it will be necessary for the building owner to cause Council to be given an annual fire safety statement. The statement must indicate that:

• Each essential fire safety measure installed in the building was found, when it was assessed, to be capable of performing to a standard not less than that specified in the fire safety schedule for the building for which the certificate is issued.

• That a properly qualified person has inspected the building and has certified that, as at the date of inspection, the condition of the building did not disclose any grounds for a prosecution under Division 4C.

[Public safety]

FIRE SAFETY SCHEDULE

Exit Signs Part E4 of the Building Code of Australia and AS2293.1 "Emergency Evacuation Lighting in Buildings - Design and Installation" AS2293.2 - "Emergency Evacuation Lighting in Buildings - Inspection and Maintenance"

Clause E1.6 of the Building Code of Australia AS2444 - "Portable Fire Extinguishers Selection and Location". AS1841 to AS1850 - "Portable Fire Extinguishers". AS1851 Part 1 - "Maintenance of Fire Protection Equipment - Portable Fire Extinguishers".


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ENGINEERING CONDITIONS

11) An approved vehicular access driveway that is continuous between the rear lane and the property boundary must be provided as part of the development. The access must be provided at no cost to Council and comply with the following;

i) The access must be completed prior to issue of the final Occupation Certificate or within 6 months of the issue of an interim occupation certificate, whichever is sooner;

ii) Design and construction of the vehicular access for the development must satisfy:

1. The conditions of this consent,

2. The Director of Engineering and Operations.

iii) The design and construction of the access must be in accordance with the stamped and approved drawings as part of this development consent or the associated Roads Act consent.

iv) Access driveway pavement must be constructed from reinforced concrete. The slab must be of minimum 125 mm thick, 25 MPa concrete reinforced with one layer of F72 fabric with not less than 40 mm top cover.

v) No work shall occur within the road reserve until Road Act consent has been issued and the conditions contained therein complied with.

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

12) The vertical profile and pavement surface of vehicular access construction must ensure all weather accessibility by two wheel drive passenger vehicles (generally) conforming with the vehicular, “Ground Clearance Template”, being Figure C1 of Appendix C of AS 2890.1:2004.


13) The horizontal (plan) form of driveway access construction must be to an approved design drawing. Council requires a minimum driveway width (at the boundary) of 2.6 metres and 3.5 at the kerb line.


14) Drainage facilities and functions must be retained or improved as appropriate and as part of the approved work. This includes retention of the effective weir heights of any existing kerb or road verge formation and the effectiveness of any drain, including “mitre” drain, system.

The access must incorporate an approved culvert or dish drain as appropriate. The internal, driveway must not divert or concentrate stormwater runoff onto the public road reserve or cause other nuisance.

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

15) Prior to issue of the Construction Certificate, the applicant is to submit detailed design plans of the rear driveway for approval by the Director of Engineering and Operations. The design is to conform to the conditions of this consent and standards and requirements set out in Councils “Standard Conditions for Engineering Works Associated with Developments-1993”.

The following details, as a minimum, are required to be shown on the drawings:


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• All dimensions, grades and proposed material.

• Drainage features


16) The applicant must provide not less than one working day’s notice to Council of the intent to pour concrete for driveway. Council may require that the concrete pour is held off for up to 1 day to allow for inspection of reinforcement and formwork.


17) The table drain, to be constructed along the rear lane frontage shall be re-formed and re-aligned in the line of new dish drain. This would involve vegetation removal and some excavation. All work shall be done in accordance with Council’s “Standard Conditions for Engineering Works Associated with Development”.

A drawing must be submitted for approval prior to issue of Construction Certificate. No work shall be done without an approved Road Act Consent.


18) The car parking access, egress and aisles for the proposed development shall be designed in accordance with AS2890.2004 Parts 1 and 2. This shall include compliance with the maximum grades and rate of change of grade.

A detail design of the proposed car park must be submitted for approval by council, prior to issue of construction certificate.

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

19) The rear lane must be upgraded matching the standard of the existing bitumen pavement in the laneway for the full frontage of the lot at no cost to Council. The pavement shall have a minimum width of 3m. All work shall be done in accordance with Council’s “Standard Conditions for Engineering Works associated with Development, 1993.”

A detail design of the upgrade must be submitted for Council’s approval prior to issue of Construction Certificate. No work shall be done without an approved Road Act Consent.

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

20) No car parking spaces shall be provided for the specific use of the development within the South Street road reserve.

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

ATTACHMENTS:

8.1.A Submissions x16 (DW 228585, 228200, 231748, 228763, 231099, 228044, 31125, 28197, 230827, 228201, 231129, 231127, 231101, 231098, 231293, 229264, 229264)

8.1.B Petition x1 (DW 229264)

8.1.C Plans (DW 228198, 225422)


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08.001/11

RESOLVED (Cr Coe/Cr Tuohy) That the matter be deferred until after the Public Access. UNANIMOUS


The Mayor returned to the Chamber at 10.00am.

Next business item 4.2

08.002/11

RESOLVED (Cr Coe/Cr Cronin) That the recommendation be adopted subject to the deletion of the following conditions: Condition Number 4 (landscaping); Condition Numbers 11 to 17 inclusive; and Condition Number19 (Engineering conditions relating to driveway and laneway upgrading). DIVISION FOR - Cr Child, Cr Coe, Cr Cronin, Cr Tuohy AGAINST - Cr Braithwaite


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8.2 PROPOSAL – VIEWING PLATFORM & ASSOCIATED WORKS, CHURCH STREET NORTH ROAD RESERVE, BELLINGEN

File/Index: 2010/DA-236 2010/AF 292

Author: Keiley Hunter, Planner

REPORT SUMMARY:

To provide all information relevant to the assessment of Development Application 2010/DA-236 for proposed viewing platform and associated works at the northern end of Church Street and to make recommendations in order for the Council to determine the subject application.

Council is required to take into consideration the requirements of the Environmental Planning and Assessment (EP&A) Act 1979 when assessing a Development Application. Section 79C of the EP&A Act requires Council to take into consideration various matters including environmental, social and economic issues. These issues are dealt with in this report.

REPORT DETAIL:

Application No: 2010/DA-236

Proposal: Construction of viewing platform and associated works

Subject Land: Church Street (north) road reserve, Bellingen

Applicant: Bellingen Shire Council

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


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Locality Plan:

BACKGROUND

The proposal is part of the Church Street (north) Street Revitalisation program that received funding under the Federal Regional and Local Community Infrastructure Planning program. A report detailing the implications of the funding ($1.4 million) for streetscape works in the CBD areas of Bellingen, Dorrigo and Urunga was reported to Council in June 2010.

Council resolved on 4 April 2006 to endorse in principle Design Concept N (Option 2) of the Bellingen CBD Study involving road works, drainage, landscaping, vegetation, viewing platforms as well as street furniture. This strategy included the following element:


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“an elevated viewing deck is to be located on the river bank at the end of Church Street. The river planting is to be selectively culled of pest plants and dead or dying trees. The deck is to be located to afford views of the river. The deck can also be used as a stage with audience seating provided in the form of an amphitheatre on the slope of the deck.

The advantages of the viewing deck were noted in the strategy as:

“The proposed viewing deck / stage will provide an effective opportunity for the community to access the riverfront on existing public land and will provide a much needed gathering space for festivals and events within the Church Street precinct.”

In August, 2010 Council engaged Oculus Landscape Architecture and Urban Design to prepare concept design drawings for the Church Street (north) precinct in consideration of the Bellingen CBD Study and the endorsed concept plans.

THE PROPOSAL

The subject Development Application seeks consent for the construction of a new timber and steel viewing platform at the northern end of Church Street overlooking Jarrett Park and the Bellinger River reserve area. The proposed viewing platform is located in the Bellingen Heritage Conservation Area.

The subject proposal seeks consent for the following works:

1. Construction of a 58m2 (approx.) timber and steel viewing platform with paved threshold area and associated landscaping.

2. Removal of a ‘White Cedar” (Melia azederach), a “Lilly Pilly” (Syzigium sp.), ground vegetation and a small garden bed.

The proposed viewing platform is intended to provide a continuation of the visual corridor along Church Street and to incorporate and celebrate the existing sculptural elements of the eucalypt located adjacent to the proposed platform.

The platform comprises a continuous level to eliminate access concerns and has a raised component to the centre which becomes a seating deck, or stage area to be used during concerts or performances in the street.

The main considerations regarding the proposal are:

1. Impacts to heritage significance of the Bellingen Heritage Conservation Area;

2. Visual impact to existing streetscape;

3. Impacts to surrounding properties / businesses.

Bellingen Heritage Conservation Area

The site is located in the Bellingen Heritage Conservation Area. The proposed platform is of a contemporary design and has drawn on the local natural environment for inspiration. The modern structure does not include any faux heritage elements.

The proposed platform does not detract from the heritage significance of the area. It provides a public asset for people to use and enjoy.


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Visual Impact to existing streetscape

The proposed viewing platform is a modern style structure. It will provide an alternative visual element to the streetscape and will refocus awareness of the river below within the north Church Street precinct.

The design of the proposed platform is complimentary to other elements of the proposed street revitalisation works currently under consideration by Council staff and the Oculus Urban Designers and Landscape Architects. The visual impact of the proposed platform will be mitigated by the retention of the mature eucalypt (with attached strangler fig) and the nearby tall vegetation.

The galvanised steel balustrade will be 1m in height from the deck of the platform. The vertical blades of the balustrade will be made from thin profile steel which will ‘disappear’ from sight when viewed front on and will be laser cut to reveal the words ‘Bellingen’ when viewed from the side angle. Local timber will be used for the platform base and hand rail.

Views from the proposed platform will be of the river reserve area and skatepark below and back towards the Church Street café/ shopping area with more distant views to the mountains.

Impacts to surrounding properties / businesses

The proposed platform will provide a public space for people to use that is not ‘linked’ to any retail or café establishments. The platform does not ‘encroach’ onto the adjoining road reserve area occupied by the front garden of the CWA premises.

Impacts during construction will be minimal as the site is separate to the café /shop area and construction may proceed in accordance with an approved Works Management Plan with little disruption to the surrounding area.

SECTION 79C(1) MATTERS FOR CONSIDERATION

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

Bellingen Local Environmental Plan 2010:

Clause 11 – Zoning Controls; Definition of development & Permissibility

The subject land is zoned RE1 Public Recreation under the provisions of Bellingen Local Environmental Plan 2010 (BLEP 2010). The proposed development is defined as a ‘recreation area’ and is permissible with consent in the subject zone.

The objectives of the zone are as follows:

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

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

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

The proposal is consistent with all of these objectives in that it is a compatible land use that does not adversely impact on the natural environment. It will provide an additional passive recreational setting available in the immediate area.


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Other Special matters for consideration listed in BLEP

Clause 5.9 Preservation of trees or vegetation

(1) The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.

Consistent. The proposal will result in the preservation of a substantial eucalyptus tree that is an important visual element of the proposal.

Removal of a White Cedar and Lilly Pilly are required for the construction of the new platform. Several non native shrubs and weeds will also be removed.

The selective removal of these trees will improve the amenity of the area through increased visual opportunity within and out of the site and will allow the retained eucalyptus to improve its growth habit through removal of competing vegetation.

(2)This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.

Bellingen DCP 2010 - Chapter 6 - Preservation of trees and vegetation, applies to urban areas.

Section 6.3.2 of the DCP provides additional qualifications including the need for consent for vegetation removal of heritage items or vegetation located in a Heritage Conservation Area.

(7) A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:

(a) that is or forms part of a heritage item, or

(b) that is within a heritage conservation area.

The proposed vegetation removal is located within a heritage conservation area, therefore consent is required.

Clause 5.10 Heritage Conservation

(1) Objectives: The objectives of this clause are:

(a) to conserve the environmental heritage of Bellingen, and

(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views.

The proposed platform is located within the Bellingen Heritage Conservation Area. The platform is a contemporary structure and is a separate element in the landscape. It does not comprise any faux heritage features.

The platform and vegetation clearing will improve visual access from the heritage area and will act as a visual focal point at the northern extremity of Church Street.

(2) Development consent is required for any of the following:

(a) demolishing or moving a heritage item or a building, work, relic or tree within a

Development consent is required for the proposed tree (and vegetation) removal.


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heritage conservation area,

(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,

(4) Effect on heritage significance

The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

The proposal will have a positive impact on the heritage significance of the conservation area by visually connecting the precinct with the river area and improving views both into and out of the area.

The proposal will give effect to the overall Bellingen CBD Study already endorsed by Council and the Church Street (north) precinct study and revitalisation project.

(5) Heritage impact assessment The consent authority may, before granting consent to any development on land: (a) on which a heritage item is situated, or (b) within a heritage conservation area, or (c) within the vicinity of land referred to in paragraph (a) or (b), require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

Impacts to the north Church Street precinct were addressed in the Bellingen CBD Study in August 2002, with the strategy ‘Option 2 Concept N’ endorsed by Council in April 2006. This strategy included ‘an elevated viewing deck’.

The location, size and design of the deck are such that further detailed Heritage Impact assessment is not warranted.

State Environmental Planning Policies:

There are no State Policies that are relevant to this proposal.

The Infrastructure SEPP (ISEPP) provides that viewing platforms with an area not exceeding 100m2 carried out by or on behalf of a public authority is exempt development, however the works must be within a public reserve. In the subject case, the works are located within a road reserve therefore consent is required and the ISEPP does not apply.

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

Bellingen Shire Development Control Plan 2010:

The proposal complies with the relevant parts of the DCP as follows:

Chapter 6 - Preservation of trees and vegetation

The aims of this chapter are to: a) To further the aims, objectives and development control provisions of BLEP 2010

Consistent – refer to previous discussion of Clause 5.9.of the BLEP.

b) To specify, pursuant to Clause 5.9(2) of BLEP 2010, when development

Cl 5.9(2) ‘triggers’ the need for consent as the vegetation to be removed is


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consent will be required to ringbark, cut down, top, lop, remove, injure or wilfully destroy certain species or kinds of trees and vegetation.

located in a heritage conservation area.

c) To maintain the vegetated character of local areas whilst providing reasonable opportunity for the removal of vegetation that is undesirable given its species, location or other attributes that would warrant its removal.

Consistent. The proposed vegetation removal will improve visual and solar access to the area and improve the health of the retained eucalyptus tree.

d) To confirm those areas of land that are subject to the consent requirements of this DCP and BLEP 2010.

Section 6.3.1 sets out when development consent is required. Section 6.3.2 provides additional qualifications including the need for consent for removal of vegetation located in a Heritage Conservation Area. Consent is therefore required.

Chapter 9 Landscaping Requirements

This chapter applies to development that ‘may require landscaping for visual screening purposes or similar’.

The landscaping elements of the subject proposal were prepared by a qualified landscape architect and are consistent with the requirements of this chapter.

Chapter 11 Advertising and Notification of Development Applications

The subject proposal is not identified in the table to Section 11.6.4 as Advertised Development; however, as the proposal involves impacts to heritage items that are located in the Bellingen Heritage Conservation Zone, the development was notified to surrounding owners and advertised for 21 days.

Six individual written submissions were received by Council. The issues raised in these submissions are discussed later in this report.

Chapter 12 Stormwater

Table 12.1 lists stormwater quality treatment levels for development types. The subject proposal is not a development type that is listed in the table.

The proposal is of a minor nature , however, erosion and sediment control measures for the construction and site stabilisation phases in accordance with ‘Managing Urban Stormwater: Soils and Construction’ (Landcom, 2006) will be required.

Chapter 14 Equity of Access

New Development in Public Open Spaces and Facilities: A continuous accessible path of travel.

Complies. The platform is designed to be one continuous level to eliminate access concerns. No sanitary facilities or car parking spaces are required or provided for this development.

Accessible amenities are located on the eastern side of Church Street.


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

There is no planning agreement for this development.

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

N/A

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

Context & setting

The proposed viewing platform is located at the northern end of Church Street in a busy café and retail precinct. The area can be partially closed for use from time to time for concerts and public gatherings. The raised section of the platform will provide additional elevated ‘stage / performance’ area.

The proposed platform will refocus visual access from the Church Street precinct to the river / reserve area. The platform is a short walk from the surrounding cafes and may also be used for passive recreation purposes.

The proposed platform is appropriately located to take advantage of the position overlooking the river reserve whilst maintaining a visual and physical connection with the CBD area.

Access, transport & traffic

Proposed paving of the footpath and forecourt area will improve accessibility and allow level pedestrian access from Church Street to this area.

Public Domain

The proposed viewing platform is part of an overall street revitalisation project occurring within the north Church Street precinct. Public access to the area will be improved via renewed footpaths and paving, clearing of vegetation and increasing the amount of usable public space within and around the platform.

The opening up of the northern end of Church Street will improve public safety through increased visual surveillance and the delineation of the public area using paths, paving and balustrading.

The existing footpath linking Church Street with the lower river reserve area will be more recognisable and safer as a linkage as it will be visible from the platform and less shrouded by vegetation.

Utilities

Water, sewer, drainage, Telstra and electrical services are all located in the vicinity of the proposal. The water main will need to be repositioned outside of the proposed structure’s zone of influence. This matter has been discussed with Council’s Manager Water and Sewer.


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Flora & Fauna

The application will not have a significant adverse impact upon threatened species pursuant to Section 5A of the Environmental Planning & Assessment Act 1979. Vegetation removal comprises the clearing introduced vegetation including ground cover, weed species and a Melia azederach (White Cedar) and Syzigium sp (Lilly Pilly).

Natural Hazards

The proposed viewing platform is located above the floodway.

Safety, security & crime prevention

Improved passive surveillance opportunities from the platform and the removal of vegetation will enhance public safety and security in this area.

Social impact in the locality

The proposed viewing platform will provide an additional public seating and gathering area within close proximity to the cafes and shops. The platform will provide a new performance and audience area within the Church Street precinct. The project will make a positive contribution to the social vitality of the precinct.

Economic impact in the locality

Additional public space will be provided in close proximity to cafes and shops which may have economic benefits for those businesses.

Site design & internal design

The platform was designed by appropriately qualified Landscape Architects and Urban Designers in consideration of improving the linkage between the Bellinger River and the town area. The platform design was inspired by the surrounding local environment and will incorporated local materials such as local timber and rock for the gabion supports and retaining walls.

Disabled access requirements

The platform was designed to provide a level path of travel from the Church Street precinct to the end of the platform. Overall precinct revitalisation works will improve accessibility from the CBD to the northern end of Church Street.

Construction impacts

Construction impacts will be concentrated in the northern end of the precinct and are not expected to affect surrounding businesses, CWA or the Ambulance Station. A Works Management Plan (WMP) is to be prepared to provide measures to minimise and mitigate work impacts to the surrounding area.

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

The site is considered to be suitable for the proposed development.


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

Any Public Submissions

The application was advertised from 24 November 2010 to 15 December 2010. Six submissions were received and copies are attached for the benefit of Councillors. One is from the LPMA stipulating requirements as an adjoining land owner. Four are objections to the proposal and one is a letter of support. The main points are discussed below.

Submission: Land and Property Management Authority (LPMA) submission as neighbouring owner of the Crown Reserve (Jarrett Park) of which Council is the appointed Corporate Manager. This submission made no objection to the proposal provided that it does not impact on Crown Land.

Comment: Their specific requirements will be listed as consent conditions.

Submission: CWA submitted several comments concerned with aspects of the overall Street Revitalisation Concept proposal prepared by Oculus.

Comment: These comments are noted and will be considered further in the overall concept proposal for the precinct. The scope of works for the subject proposal does not extend to the CWA site, therefore none of the matters raised in the CWA submission are relevant to the proposed viewing platform works. All of the proposed works for the viewing platform are located in the Church Street road reserve. A small area of new turf will be located adjacent to the existing CWA garden area. This garden area is actually located in the road reserve, not within the property boundary of Lot 3 Sec 9 DP 759084.

Submission: Comments regarding the overall precinct revitalisation works were received from CAB Consulting Pty Ltd, Heritage Urban Design, Landscape and Architecture. Comments relevant to the actual view platform relate to the use of gabion walls and recommend a more creative solution involving split levels to link pedestrian flow to the backpackers hostel, lane and river reserve pathway.

Comment:

The use of gabion walls will provide the necessary structural support for the platform. Local stone will be used to fill gabion baskets. This choice of retaining wall made by Oculus appears to be appropriate and relevant for the area.

The viewing platform is centrally located between the existing river reserve pathway and Short Street Lane and allows for pedestrian flow in this area.

Submission: Proposed development as illustrated is completely out of keeping with the tenor and tone of Bellingen. The proposed viewing platform….would primarily overlook the skate rink, you would be providing a peeping perch for paedophiles.

Comment: This submission also relates to the overall precinct concept and does not specifically address the proposal. The revitalisation design was prepared by consultants following site appraisal and liaison with Council staff. The viewing platform will overlook the river reserve including the new skate-park. This is considered to be a positive outcome in terms of passive surveillance of the area.

Submission: The viewing platform is a great idea, but unfortunately it has a weak and uninviting shape and needs to be stronger and more dynamic. (Other comments relate to the overall precinct concept design.)


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Comment: The aesthetics of the platform are subjective and it would be highly unlikely that one design would appeal to everyone’s personal taste.

Submission: Providing a space that overlooks the river is terrific as it connects the town centre to a lovely and important aspect of its very fabric. The multi use viewing platform will provide a great amount of additional public space (without the pressure to buy coffee or sitting next to the amenities block) where we can sit and enjoy the aspect to the river as well as the activity of the street. I was initially a bit perplexed by the shape of the platform but standing at the site with the plan I noticed some of the things that may have generated it. The street coming in from the side pushing it off the axis of the street, the large gum next to it with its large round trunk reflected in the curves of the look-out and the shape directing you to a view framed by other large trees nearby. Imagining looking back from the river and seeing activity and colour at the end of the street. The subtle realigning of the corner of the street coming down from the Backpackers and enhanced safety and planting opportunities that will provide.

Comment: Submission noted.

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

Approval of the application is considered to be in the public interest as the proposal is consistent with strategic planning for the area provided in the Bellingen CBD Study. The Church Street (north) revitalisation project is aimed at improving the public amenity of this precinct. Provision of improved public areas and facilities is considered to be in the public interest.

Internal Referrals

Engineering and Operations Division

Council’s Engineer provided the following comments:

The concept plan for beautification works in Church Street was reported to the Local Traffic Committee (LTC) in December last year seeking to establish the following:

- a ‘High Pedestrian 40’ zone,

- a ‘Shared Traffic Zone’,

- new tree plantings in raingardens,

- threshold entrance treatments, and

- a change to existing parking conditions.

The LTC resolved to recommend:

“that the concept plan be noted and that the final design be referred to the Local Traffic Committee for comment in regard to the establishment of new traffic facilities.”

It is intended to establish a ‘High Pedestrian 40’ zone north from Church Street to the intersection with Pub Lane, then transition to a ‘Shared Traffic Zone’ up to and including part of Short Street Lane.

There were no engineering conditions required for this proposal. The establishment of a ‘High Pedestrian 40’ and a ‘Shared Traffic Zone’ will be implemented during a later stage of the precinct revitalisation works.


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Health & Building Surveyor

Council’s Health and Building Surveyor reviewed the application and provided consent conditions.

Heritage Advisor

Council’s Heritage Advisor provided the following comments:

The erection of a stage requires considerable analysis given the traffic, technical aspects associated with staging events and other implications which this may have on the street. The traditional streetscape has always provided clear open views down Church Street to the River and landscape;

Comment: Tree and vegetation removal associated with the project will improve clear open views from Church Street to the river reserve. The viewing platform is accessible by pedestrians from Church Street, Short Street Lane and the path connecting Jarrett Park with the Church Street area. The proposed viewing platform is not considered to be a traffic generating structure.

Traffic impacts associated with public festivals / gatherings that occur occasionally in the precinct would be considered on a case by case basis.


The cost of the proposed works will be covered by grant funds.


The proposal is considered to meet sustainability objectives through the use of local materials and the facilitation of an endorsed street revitalisation program that will improve public places and infrastructure for the enjoyment of the community and visitors to the Bellingen CBD area.

CONSULTATION:

The applicant/owners, and relevant Council staff have been consulted and the application was publicly advertised in accordance with Council policy.

CONCLUSION:

The subject application seeks consent for the construction of a timber and steel viewing platform and associated works. The project is part of an endorsed street revitalisation program that will result in overall improvements to the public domain in and around the Church Street (north) precinct.

The proposal is permissible with consent and is consistent with the relevant policies and controls that guide development in the Bellingen Local Government Area.

All matters under Section 79C (1) of the Environmental Planning and Assessment Act 1979 have been carefully considered and the matters considered relevant have been discussed in the foregoing report.


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RECOMMENDATION:

That Consent be granted for Development Application 2010/DA-236 pursuant to the provisions of Section 80(1) of the Environmental Planning and Assessment Act, 1979 subject to the following conditions for the reasons shown in brackets at the end of each condition:-

PLANNING CONDITIONS

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

PLANS

2010/AF-292/1 to 2010/AF-292/5 inclusive.

[To ensure the legality of the development]

2) A Works Management Plan (WMP) is to be prepared and approved by the Director of Environmental Health and Planning prior to commencement of the construction works. The WMP is to provide measures to mitigate work impacts to the surrounding environment including the commercial areas in the north Church Street precinct. The WMP will make provision for access to the river reserve pathway and Short Street Lane throughout the duration of the works.

[To maintain public safety and amenity]

3) All work within the road reserve must be in accordance with consent issued under the provisions of the Roads Act 1993 for the work required in association with this development, Council's ‘Standard Conditions for Engineering Works Associated With Developments.’

[In the public interest and to ensure proper construction within the public road]

4) Soil erosion control measures must be implemented for all earthworks on the site. These are to be in accordance with the attached brochure "Sediment and Erosion Control on Building Sites".

These erosion control measures must be implemented immediately on the completion or temporary cessation of the earthworks to the satisfaction of the Director of Environmental Health and Planning.

[To minimise soil erosion.]

5) All possible and practical steps shall be taken to prevent nuisance to the inhabitants of the surrounding neighbourhood from wind blown dust, debris, noise and the like during tree removal and infrastructure reinstatement operations.

[To reduce the impact of the works and ensure public health and safety.]

6) The water main being relocated/repositioned to the satisfaction of Council’s Manager Water and Sewer.

[To ensure the water main is not impacted by the proposed structure and can be adequately maintained after the structure has been built]


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HEALTH & BUILDING CONDITIONS

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

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

8) A sign detailing the name and address and contact number of the builder or prime contractor and the Principal Certifying Authority is required to be displayed on the site during construction, stating “NO UNAUTHORISED ENTRY TO SITE”.

[To ensure ready identification by Council, suppliers and the general public]

9) Use/Occupation of the incomplete structure must not take place until the building has been inspected and approved for the purpose by the Principal Certifying Authority and an Interim Occupation Certificate issued.

Prior to occupation the building must:-

• have adequate safety feature (i.e. balustrades); and

• be of adequate visual appearance.

[To ensure compliance]

10) The site and surrounding areas are to be kept in a clean and tidy condition at all times. Waste paper must be stored in a closed receptacle. Any construction works involving the generation of noise which extends beyond the boundary of the premises shall be confined to 7.00 am to 5.00 pm Monday to Saturday.

[To minimise the impact of building works on the locality]

11) Soil erosion control measures must be implemented for all earthworks on the site. These are to be in accordance with the attached brochure "Sediment and Erosion Control on Building Sites".

These erosion control measures must be implemented immediately on the completion or temporary cessation of the earthworks and prior to commencement of building works to the satisfaction of the Director of Environmental Health and Planning. [To minimise soil erosion] - Attachment

LAND & PROPERTY MANAGEMENT AUTHORITY (LPMA)

12) The development must not:

- Encroach upon Crown Land

- Remove any vegetation from the Crown Land

- Use the Crown land as access to the property,

- Stockpile material, equipment or machinery of the Crown Land, or

- Direct stormwater discharge on Crown Land.

[To protect the amenity of Crown Land.]

ATTACHMENTS:

8.2. A. Submissions x 6 (DW 232246, 232650, 232363, 233116, 232653, 233089)

8.2.B Plans x 5 (DW 233392)


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08.003/11

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

DIVISION FOR – Cr Braithwaite, Cr Child, Cr Coe, Cr Cronin, Cr Troy, Cr Tuohy AGAINST - Nil


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8.3 OPEN SPACE AND COMMUNITY FACILITIES STUDY

File/Index: Bellingen Shire Open Space and Community Facilities Study 2010/Section 94 Developer Contributions

Author: Bruce Potts – Section 94 Project Coordinator

REPORT SUMMARY:

This Report provides details of the recently completed Public Exhibition of the Draft Bellingen Shire Open Space and Community Facilities Study 2010, and makes a recommendation to adopt the study as the guideline for review of Council’s Section 94 Community Facilities and Open Space Contribution Plan.

REPORT DETAIL:

Background

At Council’s Ordinary Meeting of 22 September 2010, a report on the Draft Bellingen Shire Open Space and Community Facilities Study 2010 was received and the study subsequently endorsed to be placed on Public Exhibition. Copies of the Study were provided at Council’s Libraries and at Council’s Administration Centre. A downloadable PDF file of the Study was also placed on Council’s website. An email notification was sent to all consultation participants advising them of the Draft Study Exhibition and means to access the document. Due to the file size of the documents it was not possible to send each participant a copy.

The Purpose and Outcomes of Public Exhibition

The Public Exhibition of the Study was undertaken to provide the community with a means of participating in the final development of the Study through a process of review and, where required, amendment. The opportunity to review the document enabled the community to enter into a discussion with Council to fine tune aspects of the Study.

Council received three (3) submissions from the community by the Exhibition closing date,

these were from the following organisations:

1. Bellingen Showground Trust

2. Bellingen Environment Centre

3. Urunga – Mylestom Chamber of Commerce

The submissions are summarised as follows, along with a response:

1. Bellingen Showground Trust Submission

The Submission from the Bellingen Showground Trust raised issues associated with the adjoining private land holding, and the Trust’s interest in that land being acquired, either through outright purchase or long term lease, for public use. The Trust has previously identified the land in the Bellingen Showground Plan of Management (2008) as being of long term strategic benefit to the community by providing for an off-road pedestrian and cycle link between George Edmonds Reserve and the Showground.


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Response:

The Study Brief did not cover the management and use of the Bellingen or Dorrigo Showgrounds, however the relationship of the sites and their strategic importance in the current and future provision of community infrastructure to the towns of Bellingen and Dorrigo was considered.

The provision of an off-road pedestrian or cycle link between the Bellinger River at George Edmonds Park and the Bellingen Showground aligns itself with sound open space planning principles and in the event of public access being granted either through acquisition or lease, the pedestrian link should be supported and included within a revised Section 94 Plan.

2. Bellingen Environment Centre Submission

The submission from the Bellingen Environment Centre concerned playground facilities in North Bellingen and the recognised need to provide improved parkland facilities for families. Specifically the submission requested the relocation of inaccessible play equipment from Robert Wolfe Reserve, Braithwaite Street, Bellingen, to more accessible parkland in North Bellingen.

Response:

Council’s Manager Buildings and Services has advised that the playground equipment in Robert Wolfe Reserve is being relocated to Fig Tree Reserve, McNally Street, North Bellingen as part of the current playground upgrade program.

3. Urunga Mylestom Chamber of Commerce Submission

The submission from the Urunga Mylestom Chamber of Commerce concerns the provision of a new tidal swimming facility at Urunga, and the provision of an indoor stadium/multi purpose facility on the Seaboard.

Response:

Tidal Swimming Facility

Based on the information currently available, and on advice received from Council’s Buildings and Services Manager, the total costs associated with the provision of a tidal swimming facility at Urunga, including the ongoing maintenance and management, and environmental approvals would be significant costs. The Shire has two Swimming Centres, in Bellingen and Dorrigo, and a tidal facility on the Bellinger River at Mylestom. The regional facilities at Coffs Harbour also further supplement the facilities located throughout the Shire. Site investigations and consultation with the relevant stakeholders is currently occurring in respect to the feasibility of establishing a tidal swimming facility at Urunga.

Indoor Basketball Stadium

The provision of a new multi purpose centre in the Shire that would benefit the Seaboard and Valley communities of the Shire has been identified in the Study as being a priority. Investigations in regard to the location of such a facility, total project costs and planning requirements is being facilitated by the local Basketball Association.


The provision of new and improved community facilities and open space infrastructure across the Shire is dependent on capital works funding. Capital funding may be provided


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through Commonwealth and State grants, and through Council’s Section 94 Developer Contributions Plan.


The well being and social health of a community is measured in part by the quality, function and design of its community facilities and parklands. The provision of high quality and durable community infrastructure is essential to the sustainable social health of the Shire.

CONSULTATION:

The Study has been subject to extensive community consultation and consultation with relevant staff.

CONCLUSION:

The Bellingen Shire Open Space and Community Facilities Study 2010 has involved extensive research and consultation and has been subject to community review. The Study is positioned to form a foundation document for the planning and design of new community and recreation infrastructure, and management of these assets, over the coming decade.

The Study provides new direction to Council for the long term management of the community and recreation assets, with an objective of providing a level of service tailored to the needs of the community over the longer term. The Study provides Council with a vehicle from which sound decisions regarding the funding of new community infrastructure can be undertaken, based on realistic community demands and expectations and through which Council’s current Community Facilities and Open Space Developer Contribution Plan can be reviewed.

OFFICERS RECOMMENDATION:

(1) That the Bellingen Shire Open Space and Community Facilities Study 2010 be adopted.

(2) That the revised Section 94 Plan for Community Facilities and Open Space include the future pedestrian link between George Edmunds Reserve and the Bellingen Showground.

ATTACHMENTS:

8.3.A. Submissions x 3 received (DW 231047, 230858, 231171)

8.3.B Open Space and Community Facilities Study Report (TABLED) (DW 223932, 223933)

08.004/11

RESOLVED (Cr Tuohy/Cr Coe)

That the matter be deferred until after the Public Access. UNANIMOUS



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Next business item 4.3

08.005/11

RESOLVED (Cr Cronin/Cr Coe) (1) That the Bellingen Shire Open Space and Community Facilities Study 2010 be

adopted.

(2) That the revised Section 94 Plan for Community Facilities and Open Space include the future pedestrian link between George Edmunds Reserve and the Bellingen Showground.

(3) That the Tidal Swimming Facility at Urunga be given a high priority.

UNANIMOUS


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8.4 STRATEGIC LAND USE PLANNING PRIORITIES

File/Index: Planning (Land Use & Planning) – Strategic Planning

Author: Denique Littler, Team Leader Planning

REPORT SUMMARY:

This report presents the six-monthly review of the Strategic Land Use Planning Program.

REPORT DETAIL:

The existing Strategic Land use Planning Program, as adopted by Council at its Ordinary Meeting of 25 August 2010, is detailed below with comments as to progress on each item during the last six months.

Existing Projects Status

PRIORITY PROJECT COMMENT

1. Amendment No 7 Industrial Land Rezoning – Land North of Urunga

Confirmation and payment from the property owner for the preparation of the Local Environmental Study (LES) has not been received. As such, due to the gazettal of Bellingen Local Environmental Plan (BLEP) 2010 and following a direction from the Department of Planning (DoP) this project will now be further considered as part of the Employment Lands Strategy (see Item 5).

2. Heritage Inventory One of the Strategies of the Bellingen Shire Heritage Strategy 2006-2008 is to complete the heritage inventory and ensure the legal protection of all heritage items and landscapes in the Shire.

A number of items listed in the Heritage Study are still to be added to the State Heritage Inventory (SHI).

Those items identified in the SHI register have been included in the BLEP 2010. However, there is still a requirement to update the inventory which includes the provision of photos, update statements of significance etc. This is systematically being undertaken.

3. Review of S94 plans

Six of the original seven plans have been reviewed. Undertaking review of Community Facilities Plan following completion of Study. To be reported to Council’s February meeting for adoption.


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S94 Public Domain Plan – public exhibition completed to be reported to March meeting for adoption. To be listed as a separate item.

4. Community Facilities and Open Space Demand Study

Public exhibition completed. To be reported to Council’s February meeting for adoption.

5. Employment Lands Strategy (ELS) A draft project brief is currently being prepared for this item. The Strategy is intended to build upon the recommendations of the Economic Development & Tourist Plan. When that Plan is adopted by Council, the ELS brief can be finalised and sent out to Consultants.

6. Amendment to BLEP 2010 – Seniors Housing Dorrigo

DoP did not support the rezoning as such amendment will no longer proceed. To be removed from the priorities list.

7. Policy – Heritage Items, Noxious/ Environmental Weeds

Work has commenced on preparation of a policy and consultation with Landcare representatives is scheduled for late February.

8. Review density provisions in Chapter 2 of DCP 2010 (formerly DCP No 9).

Work on this project will commence once the review of Council’s existing water and sewer capacity is undertaken by Engineering.

9. Affordable Housing Strategy The need for a Strategy is being reviewed in light of recent State Government legislative changes. No formal policy prepared. Multiple measures encouraging affordable housing included in BLEP & DCP 2010 as well as Affordable Housing SEPP.

10. Amendments to BLEP 2010 i.e. rezoning of Riddel’s Land South Arm Rd

Work on this project will commence in consultation with the property owners.

11. Contribution Plan for Public Art Incorporated into Public Domain Plan - see Item 3.

12. Review of existing Multiple Occupancies to allow for community title

Work on this project not yet commenced.


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13. Consolidated DCP Chapter - Commercial and Industrial Development


14. Consolidated DCP Chapter – Heritage


15. Indigenous Cultural Heritage Study for the Shire

Consultants intend to undertake an Aboriginal Cultural Landscape Mapping Project on behalf of, and at no cost to Council. Inception meeting held December 2010 and consultation with Aboriginal Community currently occurring.

16. Policy - Sustainable and Energy Efficient Modifications to Heritage Items

Draft Policy currently being prepared.

New Projects

There is one new item for inclusion on the Strategic Planning Priorities list, as follows:

Amendment No 1 to BLEP 2010

Council resolved to proceed with the first amendment to Bellingen Local Environmental Plan 2010 (to rectify minor errors in gazetted document) at its Ordinary meeting of 15 December 2010. Resolution referred to Department of Planning and is awaiting “Gateway Determination” from the Department of Planning.


The budgetary implications of each of the items listed In the Strategic Land use Planning Program are reported separately to Council for the individual projects.


The environmental, social and economic implications of each of the projects listed in the Strategic Land use Planning Program are reported separately as part of the individual projects and as such it is not considered necessary to go into detail for this report. The report provides an update only.

CONSULTATION:

Input into the Strategic Planning Program is provided by the various officers undertaking the projects and the Director of Environmental Health & Planning.

Please note that those items already commenced take a higher priority than those yet to commence. Projects can and do run concurrently.


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That the Strategic Land Use Planning Program be adopted as follows:

PRIORITY PROJECT

1. BLEP 2010 Amendment No 1

2. Heritage Survey Inventory

3. Community Facilities and Open Space Demand Study

4. S94 Public Domain Plan (incorporates Cultural Arts)

5. Review of s94 Plans – Community Facilities and Open Space

6. Employment Lands Strategy

7. Policy – Heritage Items, Noxious/ Environmental Weeds

8. Policy - Sustainable and Energy Efficient Modifications to Heritage Items

9. Review density provisions in Chapter 2 of DCP 2010 (formerly DCP 9).

10. Affordable Housing Strategy

11. Indigenous Cultural Heritage Study for the Shire

12. Amendments to BLEP 2010 i.e. rezoning of Riddel’s Land South Arm Rd

13. Review of existing MO's to allow for community title

14. Consolidated DCP Chapter - Commercial and Industrial Development

15. Consolidated DCP Chapter – Heritage

ATTACHMENTS:

There are no attachments for this report.

08.006/11

RESOLVED (Cr Coe/Cr Tuohy) That the recommendation be adopted.

UNANIMOUS


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8.5 STREETLIGHT UPGRADE (ENERGY EFFICIENCY)

File/Index: Bellingen Shire Emissions Reductions Program (BERP) – Streetlight Upgrade

Author: Nic Denshire - Sustainability Officer

REPORT SUMMARY:

This report provides information and recommendations for the implementation of an energy efficient street lighting upgrade in the Bellingen Shire.

REPORT DETAIL:

Background

Bellingen Shire Council operates 786 streetlights within the Bellingen Shire. The streetlights include a high proportion (approximately 95%) of Mercury Vapour streetlights. Mercury Vapour streetlights have a relatively low efficacy (light produced per unit of electricity consumed) resulting in relatively high electricity consumption compared to newer streetlight technologies. Table 1 shows an inventory of Council’s current streetlights:

Table 1: Inventory of Council’s streetlights as at December 2010

Current Luminaires Number

Compact Fluorescent 42W 3

Mercury Vapour 80W 659



High Pressure Sodium 70W 10



Council pays for the operation and maintenance of streetlights within the Bellingen Shire based on the following breakdown:

1) Streetlight Use of System Charge (SLUOS) – The SLUOS charge is paid to Country Energy and is based on the number of streetlights and whether the streetlights are funded by Country Energy or the Council. Prices are set by the Australian Electricity Regulator (AER) and broken up into Tariff 1, 2, 3 and 4. An explanation of each of the tariff types is shown in Attachment A.

2) Network Use of System Charge (NUOS) – The NUOS charge is currently paid to AGL for use of the Country Energy electricity network and is based on the electricity used (see electricity use costs).

3) Electricity use costs – The electricity use cost is currently paid to AGL and is based on the estimated hours burned and streetlight load. Electricity for the streetlights is unmetered and is based on standardised load tables which are published by the Australian Energy Market Operator (AEMO) and can be found at http://www.aemo.com.au/electricityops/0640-0026.pdf .

Bellingen Shire Council currently has a mix of SLUOS Tariff 1 and SLUOS Tariff 2 streetlights. Attachment A provides a detailed breakdown of tariff class definitions. A detailed inventory of Council’s streetlights including tariff is shown as Attachment B.

Streetlight Upgrade


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Table 2 shows the preferred replacement luminaries, their efficacy (Actual light produced per unit of energy consumed) and electricity use. While more efficient luminaries than those shown in Table 2 do exist, such as Light Emitting Diode (LED) technology, those shown in Table 2 are the most efficient streetlights commercially available that are accepted by Country Energy.

Table 2: Recommended streetlight luminaire upgrade

Existing Proposed

Luminaries

Efficacy (Lumens/W)

Electricity Use (W)

Luminaries Efficacy (Lumens/W)

Electricity Use (W)

Electricity reduction (%)

80W Mercury Vapour

40 96

42W ‘Suburban

Eco’ Compact

Fluorescent

68 46.5 52%

250W Mercury Vapour

52 270

150W ‘Roadster’

High Pressure Sodium

93 173 36%

400W Mercury Vapour

55 430

250W ‘Roadster’

High Pressure Sodium

104 273 37%


Upgrading Council’s streetlights will result in significant ongoing economic savings as a result of reduced electricity use. There will however be an initial economic cost relating to the capital investment for the new streetlight luminaries as well as for paying out the unrecovered capital for the existing streetlights that have not yet reached the end of their service life.

Two options were considered for the streetlight upgrade:

• Option 1 - Council funds the replacement cost for the new energy efficient luminaries resulting in a lower SLUOS charge.

• Option 2 – Country Energy funds the upfront replacement cost for the new energy efficient luminaries resulting in a higher SLUOS charge in order for Country Energy to recoup the capital costs.

Both options require that the unrecovered capital for Council’s existing street lights be paid out.

Under the NSW Energy Savings Scheme, this project would be eligible to accrue Energy Savings Scheme (ESS) certificates. Country Energy have proposed that Bellingen Shire Council sign over the ESS certificates to Country Energy (approximate value $55,000) in exchange for the following

• Country Energy will waive the current unrecovered capital for existing streetlights to a value of $47,854.01.

• Country Energy will cover all implementation costs for installation of the streetlights.

• Country Energy will manage any administration relating to the ESS certificates.

Attachment C provides a copy of the written quote from Country Energy. The resulting costs and estimated payback period under each option is shown as Attachment D.

The following estimates are based on current pricing which is regulated by the Australian Electricity Regulator (AER) and reviewed each financial year.


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Option 1: Replacement Costs funded by Bellingen Shire Council

UPFRONT COSTS Unrecovered Capital 0*

Street light replacement cost $91,209

Total Upfront Costs to be paid by BSC $91,209 *Unrecovered capital to the value of $47,854.01 will be offset by Energy Saving Scheme certificates.

COST SAVINGS PER ANNUM Savings from Energy Use reduction $14,821

Savings from “Network Use of Systems Charge” reduction $29,988

Savings from “Street Light Use of Systems Charge” reduction $17,664

Total Cost Savings per Annum realised by BSC $62,473

SUMMARY Payback Period 1.5 years

Return On Investment 67%

Estimated Net Savings over 10 years (See Appendix D) $627,148

Option 2: Replacement Costs funded by Country Energy

UPFRONT COSTS Unrecovered Capital $0*

Street light replacement cost $0**

Total Upfront Costs to be paid by BSC $0 *Unrecovered capital to the value of $47,854.01 will be offset by Energy Saving Scheme certificates.

**replacement cost funded by Country Energy

COST SAVINGS PER ANNUM Savings from Energy Use reduction $14,821

Savings from “Network Use of Systems Charge” reduction $29,988

Increase in “Street Light Use of Systems Charge (SLUOS)” -$34,065

Total Cost Savings per Annum realised by BSC $10,744

SUMMARY Payback Period 0

Estimated Net Savings over 10 years (see Appendix D) $123,170


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Calculations of savings over a 10 year period is shown as Attachment D, for detailed calculations, indicate that Option 1 will result in a net cost savings of $627,148 while Option 2 will result in a net cost saving of $123,170. Given the significantly higher savings to Council over a ten year period, Option 1 (BSC funding the upfront cost of the streetlight replacement) is considered the preferred option.

Source of funding

An upfront cost of $91,209 is required to complete the project based on the preferred option. It is recommended that funding for the project is sourced as follows:

• Council’s Revolving Energy Fund – $20,000

• A loan from Council’s internally restricted funds - $71,209

It is recommended that the following parameters be applied to the loan from Council’s internally restricted funds:

• Maximum funds to be withdrawn - $72,000

• Duration of loan – 5 years

• Estimated Interest Rate – 8.12%

Table 3: Proposed Loan Repayment Schedule

Principal: $72,000.00

Interest Rate: 8.12%

Payment Interval: Semi-Annually (every 6 months)

# of Payments: 10 payments over 5 years

Schedule of Payments

Pmt # Principal Interest Payment Balance

1 $5,980.28 $2,923.20 $8,903.48 $66,019.72

2 $6,223.08 $2,680.40 $8,903.48 $59,796.64

3 $6,475.74 $2,427.74 $8,903.48 $53,320.90

4 $6,738.65 $2,164.83 $8,903.48 $46,582.25

5 $7,012.24 $1,891.24 $8,903.48 $39,570.01

6 $7,296.94 $1,606.54 $8,903.48 $32,273.07

7 $7,593.19 $1,310.29 $8,903.48 $24,679.88

8 $7,901.48 $1,002.00 $8,903.48 $16,778.40

9 $8,222.28 $681.20 $8,903.48 $8,556.12

10 $8,556.12 $347.38 $8,903.50 $0.00

Total: $72,000.00 $17,034.82

Allocation of savings

The Revolving Energy Fund (REF) is a pool of funds that can provide capital for energy efficiency, clean energy or other energy use reduction projects. Cost savings arising from these projects are then reinvested back into the fund to repay the capital and also finance future initiatives.

On 4 December 2007, Bellingen Shire Council resolved to allocate $50,000 into a REF. This allocation is provided in allotments of $10,000 per year for 5 years starting from the 08/09 budget and finishing in the 12/13 budget.

As the street light upgrade constitutes a key energy efficiency project with substantial savings for Council, it is proposed that it be funded from the Revolving Energy Fund and


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that the savings from this project are reinvested into the REF. The REF funds can then be invested to realise ongoing emission and cost savings for Council.

The following schedule of reinvestment is recommended:

• Ongoing cost savings realised as a result of the project are reinvested into the Revolving Energy Fund.

• Cost savings as a result of the project are calculated based on energy and SLUOS costs at the time of project initiation (Calculations in Appendix D demonstrate that actual savings realised will be higher).

• The internal loan from Council’s internally restricted funds would be repaid within 5 years from the Revolving Energy Fund.

Funds should be allocated to the REF annually in the amount of $62,473 based on the areas of the budget where the cost savings will actually be realised including:

• AGL accounts for street lights including energy and network usage costs - allocation of fixed amount of $44,809 per annum.

• Country Energy accounts for street light use of system charges (SLUOS) – allocation of fixed amount of $17,664 per annum.

It is proposed that a financial agreement be drawn up at the outset of the project to formalise the loan agreement as well as the payments to the REF outlined above. Actual payments to the REF would commence once that project was completed and cost savings started to be realised.

Project Implementation

Timing

It is proposed that the project commence before the end of the 10/11 financial year to utilise quoted pricing. Country Energy indicates that the project will take 3-6 months to complete.

Service Level Agreements

Country Energy has indicated that implementation of the project falls within the existing Service Level Agreements that are currently in place as standard products and tariffs are being utilised.

Media/Marketing

It is intended to promote the benefits of the project to our community through media releases prior to the upgrade. Country Energy is also keen to promote the energy and emission saving benefits.


Upgrading to the recommended energy efficient street lights will significantly reduce greenhouse gas emissions due to reduced energy use. Street lighting is responsible for approximately 15% of Council’s overall emissions. It is estimated that 201tCO2-e will be saved as a result of this project. Council made a resolution at its Ordinary meeting of 16 December 2009 to adopt an emission reduction target of 40% on 1990 levels by 2020. Based on the emissions produced by Council in the 2008-2009 financial year, this equates to an annual emission generation target of 1309tCO2-e at the year 2020, which requires a reduction of 2,104tCO2-e from the 2008-2009 emission levels by 2020. The emission reductions realised as a result of the streetlight energy efficiency upgrade will contribute approximately 10% of the total reduction required to meet Council’s emission reduction target.


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Social/Community Impacts

Country Energy advised that this project would present minimum disruption to the community. The upgrade would be very similar to a regular bulk lamp replacement except that it would be slightly longer in duration. Country Energy commented that during the recent bulk lamp replacement undertaken in Bellingen Shire, they received very few calls from the public concerning the work. Country Energy also indicated that they will field calls from consumers regarding the upgrade as part of normal procedures.

Ongoing Maintenance

Country Energy will continue to carry out ongoing maintenance of the streetlights under the current Service Level Agreement.

Economic Life of Streetlights

Streetlight luminaries have an economic life of approximately 20 years after which time they are required to be replaced. At the end of the streetlights’ economic life, Council would need to decide whether they wish to fund the replacement (SLUOS tariff type 4) or they wish for Country Energy to fund the replacement (SLUOS tariff type 3).

Country Energy have indicated that it is very unusual for luminaries to become unserviceable before the end of their economic life, however if this did occur then they would be replaced at no cost to Council.

CONSULTATION:

Throughout the project assessment, advice has been provided by Country Energy. Jeff Green, Manager of Environmental Services at Coffs Harbour City Council (CHCC) also provided advice based on the streetlight upgrade undertaken by CHCC.

During assessment of the project, Council’s Road Asset Manager, Warwick Knight was included in relevant discussions and supports the technology recommendations made in this report.

Wayne Butler, Director of Engineering and Operations, was also present at key meetings with Country Energy and with Jeff Green and supports the recommendations contained in this report.

Susan Glasson, Manager of Finance, provided input and review on the economic assessment.


(1) That Council upgrade its streetlights in accordance with Option 1 of this report.

(2) That Council approve a loan of $72,000 from Internally Restricted Funds to meet the capital cost of the streetlight upgrade with a loan agreement to be developed in accordance with the recommendations in this report.

(3) That Council allocate an additional $30,000, being a share of the projected cost savings, to the Revolving Energy Fund commencing 2011/12.


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ATTACHMENTS:

8.5.A. Country Energy Tariff Classification (DW 237248)

8.5.B Detailed Inventory of Council’s streetlights and tariff types (DW 237212)

8.5.C Country Energy quotation (DW 237250)

8.5.D Net savings Calculations over 10 years (DW 237710)


MOTION (Cr Child/Cr Braithwaite) (1) That Council upgrade its streetlights in accordance with Option 1 of this report.


(3) That Council reinvest all savings from this project, that is approximately $62,000 per annum, into the Revolving Energy Fund so that ongoing emission and cost saving to Council can be realised and that this commence by 2011/12.

08.007/11

AMENDMENT (Cr Braithwaite/Cr Coe)

(1) That Council upgrade its streetlights in accordance with Option 1 of this report.


(3) That Council allocate an additional $30,000, being a share of the projected cost savings, to the Revolving Energy Fund commencing 2011/12.

The Amendment on being put was carried. FOR - Cr Braithwaite, Cr Coe, Cr Cronin, Cr Troy AGAINST - Cr Child, Cr Tuohy The Amendment then became the Motion and on being put was carried. UNANIMOUS


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9. REPORTS BY DIRECTOR OF CORPORATE SERVICES


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9. REPORTS BY DIRECTOR OF CORPORATE SERVICES

9.1 MANAGEMENT PLAN 2010/11 – 2013/14 ACHIEVEMENT REPORT 31 DECEMBER 2010

File/Index: Planning (Corporate Management)/Management Plan

Author: Peter Wilson, Director of Corporate Services

REPORT SUMMARY:

A report on the progress in achieving the objectives in Council’s Four Year Management Plan 2010/11 – 2013/14 for the period ending 31 December 2010 is submitted in accordance with the NSW Local Government Act 1993.

REPORT DETAIL:

Section 407 NSW Local Government Act 1993 provides that the General Manager must report to the Council within two months after the end of each quarter as to the extent to which the performance targets contained within the Council’s current Management Plan have been achieved during the quarter.


There are no financial and resource implications for Council as the Quarterly Budget Review Statement details the budgetary position of Council.


The Management Plan includes an overview of the main sustainability issues facing the Shire and its community and indicates in broad terms how Council proposes to deal with those issues. The Plan also details Council’s principal activities, programs and strategies to be pursued and specific actions to be taken during the current financial year.

CONSULTATION:

Each Director has reviewed their relevant areas of the plan.


That Council endorse the 2010/11 – 2013/14 Management Plan Achievement Report for the six months to 31 December 2010.

ATTACHMENTS:

9.1.A Management Plan 2010/11 – 2013/14 Achievement Report (DW 237792)

09.001/11

RESOLVED (Cr Coe/Cr Tuohy) That Council endorse the 2010/11 – 2013/14 Management Plan Achievement Report for the six months to 31 December 2010.

FOR - Cr Child, Cr Coe, Cr Cronin, Cr Troy, Cr Tuohy

AGAINST - Cr Braithwaite


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9.2 ANNUAL REPORT 2009/10

File/Index: Reporting (Corporate Management) and Publications (Information Management)


REPORT SUMMARY:

To provide Council with the Annual Report for the 2009/10 Financial Year.

REPORT DETAIL:

Section 428 of the NSW Local Government Act 1993 requires Council to produce an Annual Report by 30 November each year. Additional information is required in accordance with:

• NSW Local Government (General) Regulation 2005 Clause 217;

• NSW Freedom of Information Act 1989 Section 68 and Clause 10;

• NSW Privacy and Personal Information Protection Act 1998 Section 33; and

• NSW Environmental Planning and Assessment Act 1979 Section 93G(5).

The Annual Report incorporates a “Year in Review” section which highlights the achievements for 2009/10 and significant events along with the statutory disclosures incorporating the Audited Financial Reports, State of the Environment Report and the relevant legislative requirements.

The Council’s Annual Report website link is to be provided to the Division of Local Government and a copy will be provided to Councillors for information.

The completion of the report has unfortunately been delayed due to other work priorities.


There are no implications as the report is produced in house.


The Annual Report details the activities undertaken by Council throughout the year reported which provided economic, environmental and social benefits to our community.

CONSULTATION:

Appropriate material from all departments has been included in the report.


That the 2009/10 Annual Report be endorsed.

ATTACHMENTS:

9.2.A Annual Report 2009/10 (TABLED) (DW 238429)


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09.002/11

RESOLVED (Cr Braithwaite/Cr Tuohy) (1) That the 2009/10 Annual Report be endorsed.

(2) That Council commend the Authors of the Annual Report.

UNANIMOUS


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9.3 RURAL FIRE SERVICE BELLINGEN DISTRICT ALLOCATION 2010/11 AND BID ESTIMATES 2011/12

File/Index: Reporting (Financial Management)/Rural Fire Service


REPORT SUMMARY:

Submission of the draft 2011/12 Rural Fire Fighting Fund (RFFF) Estimates for the Rural Fire Service (RFS) Bellingen District. The Estimates total $2,284,469 (including $708,973 in Program Charges) with Council required to contribute 11.70% or $267,283.

REPORT DETAIL:

Highlights of the budget are $487,250 to be spent on appliances/vehicles and $125,000 to be spent on station upgrades in accordance with the 10 Year Vehicle Replacement and Brigade Stations Programs.

Program charges are estimated to be $708,973 or 45.00% of the District Estimates and Council’s contribution of 11.70% or $82,950 is reimbursable in the 2013/14 Allocations. This in effect results in a net contribution of $184,333. Details of the 2009/10 and 2010/11 actual allocations are provided for comparative purposes.

Issues - Emergency Services Contributions 2010/2011 “The Local Government and Shires Associations have been following this issue, which by and large represents yet another massive cost shift to Local Government, closely. The issues are as we see them are as follows:

• The total increase in RFS contributions across all councils is over $4.6 million, increasing from around $25.3m in 2009/10 to $30.1 million for 2010/11 an increase of 18.9%.

• According to the RFS, a large proportion of the increase is the result of the NSW Government’s response to the findings of the Victorian Bushfires Royal Commission.

• Because of the complex and localised RFS budgetary process there are wide variations between councils. Some have exceptionally high increases, while some actually have decreases and the balances are in between. Variations range from increases over 100% down to reductions of 25%.

• There appear to be numerous anomalies, discrepancies and inequities.

• Final RFS budget allocations to councils were not advised to councils until mid December 2010, half way through the financial year. Sign off was delayed pending determination of the governments response to the findings of the Victorian Bushfires Royal Commission.

• The average increase of 18.9% was much higher than could have been reasonably anticipated and many individual council increases are beyond comprehension.

• Late advice and the scale of increases means that they were not factored into council budgets. Increases will have a severe impact on many council budgets necessitating cuts in other areas.

• There was a lack of consultation on the levels of increase.

• It represents a major cost shift onto Local Government.


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• This situation highlights the need for the current anomalous RFS/Emergency services funding arrangements to be scrapped and replaced with a broad based property levy as advocated by the LGSA. Such systems work effectively in other states such as Queensland, SA and WA.

Actions Taken The Associations have sought urgent meetings with the:

• The RFS Commissioner,

• The office of the Minister for Emergency Services, Steve Whan, and

• The Opposition Shadow Minister for Emergency Services, Melinda Pavey” Following concerns raised after the issue of the RFFF allocations in December 2010, a review of the allocations was undertaken by the Service resulting in the identification of an error in the disbursement for Volunteer and Statewide Services. In January the Minister for Emergency Services met with the Presidents of the Local Government and Shires Associations about the matter and it was decided that the Service re-issue the allocations to Councils following the re-calculation of the Service Program Charges. There were no other changes to any other budget allocations. BUDGETARY IMPLICATIONS:

Budget Year 2010/11

The re-calculation of the Service Program Charges resulted in Council’s charges being adjusted upwards from $755,475 to $955,662. This subsequently increased Council’s 11.70% contribution from $88,390 to $111,812, which is reimbursed in the 2012/13 Allocation.

Council’s actual net contribution in 2010/11 is $137,690 compared to the Bid estimate of $168,340. The favourable variance was primarily due to the reduction in the Appliances bid of $447,028 to $185,252 and a Ledger Balance credit offset of $126,956.

The reduction in the Allocation from the original Bid Estimate and the Ledger Balance credit cushioned the increase in the Statewide Program Charges and Insurances of $308,193 (47.60%) from $647,469 to $955,662.

The direct impact on the Council’s budget is a saving of $7,410, however when combined with a budget error of $50,700 an unfavourable variation of $43,290 results. This variance has been accounted for in the December 2010 Quarterly budget Review.

The reason for the error is that the original budget provided for the net contribution in the expenditure vote but also included the reimbursement of the program charges as an income vote, resulting in double accounting. The error was identified when the budget was being updated to reflect the RFFF Allocations.

Budget Year 2011/12

The Estimates total $2,284,469 (including $708,973 in Program Charges) with Council required to contribute 11.70% or $267,283.


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Program charges are estimated to be $708,973 or 45.00% of the District Estimates and Council’s contribution of 11.70% or $82,950 is reimbursable in the 2013/14 Allocations. This in effect results in a net contribution of $184,333.

The 2010-2014 Management Plan budgeted for an estimated net contribution in 2011/12 of $146,700. An additional vote of $37,633 would therefore need to be allocated in order to fund the Bid. The budget error of $50,700 will also need to be corrected when formulating the forward year’s financial plan.


Bushfire management in NSW is a cooperative effort of the whole community. It involves fire authorities, landowners, land managers, planning authorities and local communities. Government agencies, landowners and managers and community groups are involved in a mix of actions and strategies to minimise the potential for bush fire to affect life, property and the environment. Specific strategies include

• implementing appropriate planning and building controls • determining priorities for hazard reduction work, treating the assets, treating the

hazards (either through mechanical or burning procedures) • helping communities understand the role of fire in NSW, and prepare their families

and property • treating fire ignitions through fire restrictions, fire investigation and arson detection • ensuring fire fighters and support agencies are equipped and trained to respond to

fire and other emergencies

CONSULTATION:

A District Liaison Committee meeting was held on 18 January 2011 to review the draft estimates, noting that the Mayor and Cr Coe were unable to attend. The Liaison Committee consists of the Mayor and Councillor Coe, General Manager or his delegate, Director of Corporate Services, a volunteer rural fire fighter, a member of the Service staff and the FCO. The Committee is responsible for the monitoring and review of the performance of the Agreement and review of the annual budget, the quarterly financial and performance reports.

Rural Fire Service Bellingen District - Rural Fire Fighting Fund Estimates

2009-10 Allocation

2010-11 Allocation

2011/12

Bid

Maintenance & Repairs

(reimburse actuals for previous yr)

115,681 125,303 153,429

Appliances

Cat 7 Single Cab 136,302

Cat 9 Striker 102,190 110,250

Cat 1 Crew Cab 252,711 294,000

Cat 7 Crew Cab 145,602 143,376

Cat 7 Crew Cab 143,376

Cat 7 Dual Cab 189,000

Cat 1 Crew Cab Disposal -88,200 -99,000

Cat 7 Single Cab Disposal -47,600

Cat 7 Crew Cab Disposal -50,750 -50,750

Cat 7 Crew Cab Disposal -50,750


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2009-10 Allocation

2010-11 Allocation

2011/12

Bid

Cat 7 Dual Cab Disposal -62,000

Other Vehicles

Group Officer Vehicles 50,000 53,000 55,000

Equipment 101,968 117,700 142,733

Equipment – Radio Infrastructure

PPE 18,000 40,000

Brigade Stations

Darkwood Cat 2 25,000 20,000

Thora Cat 2 12,000 12,000

Megan Cat 2 10,000 10,000

Kalang Cat 2 25.000

Hydes Creek – driveway & amenities 5,000

Urunga 15,000

Water tanks 25,000

Urunga FCC acquisition 170,167

North Bellingen - amenities 12,000

Fernmount – water tank & realignment 50,000 20,000

Gleniffer - entrance 20,000 25,000

Bostobrick 30,000

Kalang 15,000

Mylestom 15,000

Hazard Reduction 22,500 74,000 30,000

Insurances – Fleet FF 22,000

District Management 23,840 25,153 34,094

District Management - vehicles 57,000 51,650 52,600

District Management - salaries 383,745 397,326 400,000

1,490,156 1,153,384 1,487,106

Program Charges 90,340 95,974 88,390

Statewide Programs 820,297 955,662 708,973

Insurances 51,660 54,431 Advised yr end

Ledger Balance -217,429 -126,956 Advised yr end

Total $2,235,024 $2,132,495 $2,284,469

Council Contribution 11.70% 261,498 249,502 267,283

Less: Reimbursements -95,975 -111,812 -82,950

Council Contribution - adjusted $165,523 $137,690 $184,333

Council Budget $164,900 $145,100 $146,700

Official openings have been held for new stations at Scotchman (1 November 2008), Darkwood and Thora (9 May 2009), Deervale and Megan (29 August 2009) and the new Mid North Coast FCC at Coffs Harbour on 1 November 2009. This leaves only Kalang to open following the completion of the new station, in the second half of 2011. The emphasis now is on improving aprons, hardstand areas, amenities, driveways and drainage as required.


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That the RFS Bellingen District RFFF 2011/12 Estimates totalling $2,284,469 be adopted.

ATTACHMENTS:

There are no attachments for this report

09.003/11

RESOLVED (Cr Coe/Cr Child) That the RFS Bellingen District RFFF 2011/12 Estimates totalling $2,284,469 be adopted. UNANIMOUS


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9.4 BUDGET REVIEW STATEMENT – PERIOD ENDED 31 DECEMBER 2010

File/Index: Financial Management/Budgeting

Author: Susan Glasson, Finance Manager

REPORT SUMMARY:

This review revises the net operating result for 2010/11 to a deficit of $869,600, reducing Council’s working funds balance to an estimate of $1,648,400 at 30 June 2011. The current year deficit is made up of the adopted budget deficit of $18,200, general fund carryovers $708,500, the deficit provided in the September of $27,500 and the deficit provided in this review of $115,400.

REPORT DETAIL:

In keeping with the requirements of the NSW Local Government Act 1993 a budget review for the period ended 31 December 2010 has been prepared. The significant variances influencing the December result are highlighted below. Favourable Variances Nil Unfavourable Variances Variance Type Comment

$35,000 Increased expenditure

Town Planning legal expenses


Town Planning advertising (DA’s)

$28,000 Decreased income

Onsite effluent inspection fees

$4,000 Decreased income

Animal control registration fees


RFS Rural Fire Fighting Fund Estimates – Council contribution (Saving of $7,410 offset by budget error of $50,700)

The summary of working funds as at 31 December 2010 is: Balance at 30 June 2010 $2,518,000 Adopted Budget 2010/11 (Deficit) ($18,200) General Fund Carryovers (Deficit) ($708,500) September Budget Review (Deficit) ($27,500) December Budget Review (Deficit) ($115,400)

Estimated working funds at 30 June 2011 $1,648,400 Management Plan 2011/12 (Deficit) ($19,700) Management Plan 2012/13 (Deficit) ($77,300) Management Plan 2013/14 (Deficit) ($35,700)

Estimated working funds balance 30 June 2014 $1,515,700


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This review estimates the working funds balance on Council’s general activities to be $1,648,400 as at 30 June 2011.


There are no environmental or social implications to this report. Economic implications are discussed in the body of this report.

CONSULTATION:

Directors, Managers and other staff with budgetary responsibility were consulted as part of this review process.


That the Budget Review as at 31 December 2010 be adopted

ATTACHMENTS:

There are no attachments for this report

09.004/11

RESOLVED (Cr Child/Cr Cronin) That the Budget Review as at 31 December 2010 be adopted UNANIMOUS


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10. REPORTS BY DIRECTOR OF ENGINEERING AND

OPERATIONS


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10. REPORTS BY DIRECTOR OF ENGINEERING AND OPERATIONS

10.1 RALEIGH AGED CARE FACILITY DA2009/DA-160

File/Index: 2009/AF-00183, Land Parcel ID 12703 and Geoff Slattery and Partners

Author: Craig Salmon, Manager of Water and Sewerage

REPORT SUMMARY:

Following septicity concerns being raised in relation to the connection to sewer of the proposed Raleigh Aged Care Facility at the Council meeting of December 2009, it was resolved that the developer supply more information on how they would manage the issue. The developer then sought specialist advice on odour management. The company chosen was by Bio-Remedy Pty Ltd who have installed numerous treatment facilities across the country to resolve similar odour issues.

Bio-Remedy designed a chemical dosing system to be located at the aged care facility that will inject calcium nitrate into the sewage rising main to prevent it turning septic. After checking the supplied references and talking to the company I am satisfied that the designed solution will resolve the septicity issues.

To cover the costs of running the facility an executed maintenance agreement between Council and the facilities owner is proposed.

Council is currently assessing a Development Application which has been delayed pending resolution of the sewer connection issue.

BACKGROUND:

In 2009 the Royal Freemasons Benevolent Institution submitted a Development Application to Council for construction of a 60 bed aged care facility on Lot 101,

DP 1134065, Old Pacific Highway, Raleigh. The applicant requested that the facility be connected to Council’s reticulated sewer network.

The proposal involves a rising main running from the facility to Yellow Rock Road sewer pump station. The main will travel along the Old Pacific Highway then turn South along the Pacific Highway until it is adjacent to Yellow Rock pump station. The main will then cross under the railway line via an underbore then cut directly into the pump station well. The main will be a 110mm pressure poly pipe with an approximate length of 1915m.

At that time connection to the sewer was deemed to pose significant problems due to long retention times of the sewage (up to 27 hours) which would produce a significant amount of hydrogen sulphide gas after the sewage turned septic.

With this problem having been identified the applicant was then requested via a Council resolution to design a system to eliminate the septicity issues and resubmit it to Council for consideration.


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Council’s resolution is shown below:

10.060/09

RESOLVED (Cr Troy/Cr Cronin)

(1) That Council reconsider the request for off site sewage disposal from the proposed

Raleigh aged care facility to Council’s sewer system, following submission by the

developer of a design of the proposed new sewer reticulation system, which

demonstrates that appropriate non-septic sewage will be delivered to the Yellow Rock

pump station for the range of design flows expected from the development. The

design is to include:

• locations of all required facilities such as pump stations, rising sewer mains

(including size and alignment), oxygen injection systems (including size of

installation and gas usage), odour beds, etc,

• details of the anticipated retention times of sewage in the main, and

• agreement in principle from the owners of private properties which will be

encumbered by the reticulation system and agreement in principle to provide

the reticulation system in or across public roads and rail corridors as

appropriate.

(2) That the developer be advised that, if the application is successful:

• an annual charge under Section 501 of the Local Government Act will apply to the property, in addition to the normal annual charge, to cover the additional maintenance and asset renewal costs associated with the required sewer infrastructure.

• an appropriate bond amount will need to determined and lodged for a twelve month

period after commissioning of the reticulation system to enable any additional works

to be undertaken if odour problems associated with the new infrastructure become

evident.

(3) That the design is to include details on how any potential risk to the OH&S of council

workers will be resolved, and

(4) That on the basis that Council incurs no cost as a result of the connection to the public

system, either directly or indirectly.

FOR – Cr Braithwaite, Cr Coe, Cr Cronin, Cr Troy

AGAINST - Cr Child, Cr Tuohy

REPORT DETAIL:

As a result of Council’s resolution in the matter the developer redesigned the sewer scheme. This was carried out by Geoff Slattery, a Civil and Structural Engineer who engaged Bio-Remedy Pty Ltd to design a scheme to eliminate septicity issues.


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The Bio-Remedy Pty Ltd proposal for Stage 1 of the development, with an average sewage retention time of 27 hrs proposes that 10L of calcium nitrate be injected into the rising main at the pump station to prevent the sewage turning septic. After development of Stage 2 of the facility, the sewage retention time will fall to an average of 18hrs with 15L of calcium nitrate to be injected to the sewage every day to eliminate the production of hydrogen sulphide. (Calcium nitrate is basically a food for the bacteria within the sewage and the bacteria extract oxygen from the nitrate preventing the sewage turning anoxic and producing hydrogen sulphide.)

Bio-Remedy supplied three (3) references in relation to their dosing system and use of calcium nitrate. They were Bathurst Regional Council, Wingecarribee Shire Council and Allconnex Water. References from Wingecarribee and Allconnex Water confirmed that Bio-Remedy was very professional, extremely helpful and the product supplied worked as advertised, however the product was only being used on short detention times of 5-7 hrs.

The reference from Bathurst Regional Council described a project with similar circumstances to the proposed application. They had a long rising main (approx 5km) with a retention time of 15hrs. Prior to the chemical dosing system being installed the discharge from the rising main was producing hydrogen sulphide in excess of 150ppm (parts per million). After the chemical dosing system was installed the hydrogen sulphide was being recorded at 1-20 ppm.

Bathurst Regional Council also expressed their confidence in the Bio-Remedy team, their product, professionalism and willingness to resolve any issues. After speaking with Bio-Remedy they assured me that their product would be effective for the development, but it may require some fine tuning over the initial months. They also said if their product would not resolve the issue they would remove the infrastructure at no cost to Council.

That being said, if their product does eliminate the majority of the hydrogen sulphide, other measures may still be required to prevent odour problems in the receiving area as hydrogen sulphide (rotten egg gas) can be detected by humans in minute amounts and there is always the possibility of equipment failure.

In preparedness for the contingency that the chemical dosing system may not work as claimed, it is recommended that a bond of $150,000 be held for a period of 24 months after Stage 2 of the development is fully operational. This is similar in intent to Council’s 2009 resolution but proposes a 2 year time frame in order to ensure that Councils position is protected.

Furthermore, should Council approve the proposed sewer system then Council would seek to impose a condition of consent for the Development Application that it shall be the responsibility of the developer to rectify any short comings within the system and the bond will ensure all rectification work will be carried out in a timely manner.

The rectification work may include further chemical dosing points along the main, a bio-filter installed at the pump station and/or non-return valves installed on house sewer vents.

In terms of point (3) of the previous Council resolution a constant online hydrogen sulphide monitor with logger should be installed at Yellow Rock pump station for OH&S purposes to protect the sewer operators from toxic gas exposure and to monitor possible odour complaints from nearby residents.

The final issue in regard to this development is the associated on-going running costs of the system. Council’s resolution of December 2009 indicated that Council should not incur costs as a result of the connection to the public system. Whilst the cost estimates submitted by the consulting engineer are noted, the assessment undertaken notes potential shortfalls in relation to issues such as pump, dosing system, valve and main maintenance, running costs of the pump station and replacement of aging or faulty assets.


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These extra costs are likely to be in the range of $9,000 - $11,000/year minimum. This includes checking the pump station a minimum of 3 times per week, servicing the pumps twice a year; choke/call outs at a minimum of 3 times per year, electricity, pump/valve replacement costs and chemical dosing equipment repair and replacement. With the inclusion of the chemical costs the total expense incurred per year increases to around $25,000.

The income derived from accepting the proposal is approximately $6,000/year. Based on costs listed above other rate payers will be subsidising the developments ongoing costs. Therefore, in accordance with Councils previous resolution in the matter it is proposed that the ongoing costs associated with the sewer connection above income derived from the development be charged to the facility owner on an annual basis reflecting the costs incurred by Council.

This can be carried out in the form of a executed maintenance agreement indexed to CPI with a 5 year review period and would equate to approximately $6/week/bed.


This report proposes approval of the system on the basis that the applicant covers all associated costs.


This proposal seeks to manage the wastewater issues associated with the development in a sustainable manner.

CONSULTATION:

Director of Engineering and Operations, Department of Environmental Health and Planning, Bio-Remedy Pty. Ltd.


(1) That Council approve the pumped connection to sewer on the proviso that the developer rectifies any issues regarding the production of hydrogen sulphide in the receiving network to Councils satisfaction and install a constant hydrogen sulphide monitor/logger.

(2) That the developer be required to lodge a $150,000 bond to be held for a period of twenty four (24) months after Stage 2 of the development is operational to ensure that any hydrogen sulphide or operational issues are resolved.

(3) That Council set up an executed maintenance agreement on the development to recover the associated costs of running and maintaining the pump station and chemical dosing facility.

ATTACHMENTS:

There are no attachments to this report.


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10.001/11

RESOLVED (Cr Braithwaite/Cr Cronin) (1) That Council approve the pumped connection to sewer on the proviso that the

developer rectifies any issues regarding the production of hydrogen sulphide in the receiving network to Councils satisfaction and install a constant hydrogen sulphide monitor/logger.

(2) That the developer be required to lodge a $150,000 bond to be held for a period of twenty four (24) months after Stage 2 of the development is operational to ensure that any hydrogen sulphide or operational issues are resolved.

(3) That Council set up an executed maintenance agreement on the development to recover the associated costs of running and maintaining the pump station and chemical dosing facility.

UNANIMOUS


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10.2 VALUE MANAGEMENT WORKSHOP REGARDING REINSTATEMENT OF BOWRAVILLE – BELLINGEN ROAD

File/Index: Roads - Programs

Author: Wayne Butler, Director Engineering and Operations

REPORT SUMMARY:

This report has been prepared to advise Council regarding the outcomes of the Value Management Workshop, convened at Nambucca Shire Council Chambers on 14 December 2010, regarding the future reinstatement of Bowraville - Bellingen Road and seeks to provide an objective overview of the project aspects discussed and the outcomes formulated during the workshop.

REPORT DETAIL:

Background:

During significant rain events in February and March 2009, two zones of Bowraville – Bellingen Road suffered major damage due to landslides and related scouring of embankments resulting in the road being closed to through traffic since that time. Residents on the road now only have one access to their properties and any traffic wishing to travel between Bowraville and Bellingen must use the Pacific Highway which is a much longer route.

The Southern zone of landslide damage encompasses Bowra Mountain/Bowraville Nature Reserve and was impacted by 32 landslides within a 3.5km section of the roadway. The Road is either inundated or completely blocked at numerous locations and currently impassable to traffic. Significant environmental damage due to sedimentation and weed infestation has occurred and continues to spread within the Nature Reserve.

The Northern zone of landslide damage occurred in the vicinity of Dyers Mountain above the southern end of Spicketts Creek where up to 10 landslides, including 8 major embankment failures within a 0.8 Km section of road.

Between the Northern and Southern damage zones, in the Spicketts Creek Valley, are several properties with three families in full time residence and the balance of properties utilised periodically. The only access to these properties is from the northern end via a temporary one lane road, with a 4.2 tonne load limit through the damaged Northern zone.

An assessment of the options for possible road restoration has been prepared for Bellingen and Nambucca Shires by GHD Consultants and a Value Management Workshop was seen as an appropriate tool to bring together a range of stakeholders (including the NSW Road & Traffic Authority (RTA), Councils, local community and consultants) to review the options already developed, identify other possible options and then assess these options to recommend a preferred direction to progress the project. To this end, the Australian Centre for Value Management was commissioned to facilitate a workshop which was attended by a range of stakeholders on 14 December 2010.


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Workshop Objectives:

The objectives of the workshop as presented to the participants, were to:

• Obtain a common understanding of the steps undertaken to date on Restoration of the Bowraville – Bellingen Road Project; and

• Review the restoration options, evaluate these options against assessment criteria and recommend preferred options to progress this project.

Workshop Activities:

During the workshop background material, such as the context of the project and the planning undertaken thus far, was presented. The purpose of the project and the road was agreed upon. In addition, the givens and the constraints within which the project is being considered were identified and discussed from various perspectives. The developed restoration options were also considered and their advantages/disadvantages assessed qualitatively.

Workshop Outcomes:

By the end of the workshop, the participants had:

• Reflected on the purpose of the road. This being ‘to provide a link for local residents, businesses as well as an access to markets and public transport interchanges between Bellingen and Bowraville and then on to other regional centres. It also provides a scenic tourism route for travellers;

• Acknowledged the project purpose – to recommend a preferred viable option for the future of the Bellingen to Bowraville Road;

• Identified and weighted qualitative assessment criteria which reflected the values of the area as perceived by the participants and which could be used to differentiate and evaluate the various options against each other;

• Reviewed the restoration options:

- Option 1: Restore both Northern and Southern zones

- Option 2: Restore all of the Northern zone and limited restoration of the

Southern zone

- Option 3: Restoration of the Northern zone and closure of the Southern zone

- Option 4: Permanently close both Northern and Southern zones

• Discussed the advantages and disadvantages of the various restoration options;

• Evaluated the various options qualitatively against the identified assessment criteria and then compared their rankings with the relative cost estimates; and


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• Recommended that as a result of its deliberations, Option 1 (restoration of both the Northern and Southern zones) move forward as the preferred and most viable option based upon the qualitative assessment of criteria considered important which reflected the values of the region that the project must achieve and its relative cost estimates as compared with the alternative options

As a result of this workshop, Brett Butcher (RTA) requested that both Bellingen and Nambucca Shire Councils submit a formal letter of claim for Natural Disaster Assistance consistent with the recommendation of the Value Management Workshop, for inclusion within a subsequent submission by the RTA to the Minister following assessment of the claim by the RTA.

Bellingen Shire Council’s Director Engineering and Operations complied with this request by submitting the requested letter of claim to RTA on 20 January 2011 (see Attachment 3.1A).


There are no budgetary implications to Council as this project will be financed by Natural Disaster Funding from the RTA and associated works will be contracted out.


These works will reinstate the socio-economic connectivity to a standard that existed prior to the natural disaster. An Environmental Assessment of the affected area and any remedial actions will be undertaken prior to commencement of the projected works.

CONSULTATION:

Mayors (Bellingen and Nambucca), Director Engineering and Operations (Bellingen), Acting Director Engineering Services (Nambucca), Roads and Traffic Authority, Residents, Community Representatives, Tourism Representatives, National Parks and Wildlife Services and GHD Consultants.


That the information report be received and noted.

ATTACHMENTS:

10.2.A Natural Disaster Funding Submission Bowraville Road (DW 237928).

10.002/11

RESOLVED (Cr Braithwaite/Cr Tuohy) That the information report be received and noted. UNANIMOUS


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11. REPORTS FROM COUNCIL COMMITTEES


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11. REPORTS FROM COUNCIL COMMITTEES

NIL


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12. MINUTES FROM ADVISORY COMMITTEES


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12. MINUTES FROM ADVISORY COMMITTEES

12.1 MINUTES – LOCAL TRAFFIC COMMITTEE – 10 FEBRUARY 2011

File/Index: Meetings – Traffic & Transport

Author: John Starr, Design and Traffic Engineer

REPORT SUMMARY:

Minutes of the Local Traffic Committee item conducted via email and mail on 10 February 2011.

REPORT DETAIL:

This report is intended to provide Council with the recommendations arising from items considered by the Local Traffic Committee on 10 February 2011.


None.


There are no economic, environmental or social implications.

CONSULTATION:

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


That the Minutes of the Bellingen Shire Council Local Traffic Committee meeting of 10 February 2011 be received and the recommendations adopted.

ATTACHMENTS:

12.1.A Minutes Local Traffic Committee Meeting – 10 February 2011 (DW 193480)

12.001/11

RESOLVED (Cr Cronin/Cr Braithwaite) That the Minutes of the Bellingen Shire Council Local Traffic Committee meeting of 10 February 2011 be received and the recommendations adopted.

UNANIMOUS


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12.2 MINUTES – LOCAL HERITAGE ADVISORY COMMITTEE – 2 DECEMBER 2010

File/Index: Meetings (Community Relations) – Local Heritage Advisory Committee

Author: Ros Ward, Administration Assistant

REPORT SUMMARY:

This report presents the minutes of a meeting of the Local Heritage Advisory Committee.

REPORT DETAIL:

A copy of the Minutes of the Local Heritage Advisory Committee Meeting held on 2 December 2010 is distributed with this Business Paper for the information of Councillors.


None.


None.

CONSULTATION:

None.


That the Minutes of the Local Heritage Advisory Committee meeting of 2 December 2010 be received and the recommendations adopted.

ATTACHMENTS:

12. 2. A. Minutes Local Heritage Advisory Committee – 2 December 2010 (DW 232682)

12.002/11

RESOLVED (Cr Coe/Cr Braithwaite) That the Minutes of the Local Heritage Advisory Committee meeting of 2 December 2010 be received and the recommendations adopted. UNANIMOUS


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12.3 MINUTES –DORRIGO COMMUNITY SERVICES ADVISORY COMMITTEE – 22 NOVEMBER 2010

File/Index: Meetings (Community Relations) – Dorrigo Community Services Management Committee


REPORT SUMMARY:

This report presents the Minutes of a meeting of the Dorrigo Community Services Advisory Committee held on 22 November 2010.

REPORT DETAIL:

A copy of the Minutes of the Dorrigo Community Services Advisory Committee Meeting held on 22 November 2010 is distributed with this Business Paper for the information of Councillors.

Nominations were called for membership of the Dorrigo Community Services Advisory Committee and one nomination was received. The Committee recommends that Fran Aylott be invited to join the Dorrigo Community Services Advisory Committee.


None.


None.

CONSULTATION:

None.


(1) That the Minutes of the Dorrigo Community Services Advisory Committee meeting of 22 November 2010 be received and the recommendations adopted.

(2) The Committee recommends that Fran Aylott be invited to join the Dorrigo Community Services Advisory Committee.

ATTACHMENTS:

12.3. A Minutes Dorrigo Community Services Advisory Committee – 22 November 2010 (DW 237651)

12.003/11

RESOLVED (Cr Child/Cr Coe) (1) That the Minutes of the Dorrigo Community Services Advisory Committee meeting of

22 November 2010 be received and the recommendations adopted.

(2) That the Committee recommends that Fran Aylott be invited to join the Dorrigo Community Services Advisory Committee.

UNANIMOUS


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12.4 MINUTES – ARTS & CULTURAL ADVISORY COMMITTEE – 16 DECEMBER 2010

File/Index: Meetings (Community Relations) – Arts & Cultural Advisory Committee


REPORT SUMMARY:

This report presents the Minutes of a meeting of the Arts & Cultural Advisory Committee held on 16 December 2010.

REPORT DETAIL:

A copy of the Minutes of the Arts & Cultural Advisory Committee meeting held on 16 December 2010 is distributed with this Business Paper for the information of Councillors.

It is noted that under Item 7 of the Minutes, a proposal for a Public Art Project in Dorrigo is discussed.


None.


None.

CONSULTATION:

None.


That the Minutes of the Arts & Cultural Advisory Committee meeting of 16 December 2010 be received and the recommendations adopted.

ATTACHMENTS:

12.4.A Minutes Arts & Cultural Advisory Committee – 16 December 2010 (DW 235347)

12.004/11

RESOLVED (Cr Child/Cr Tuohy) That the Minutes of the Arts & Cultural Advisory Committee meeting of 16 December 2010 be received and the recommendations adopted. UNANIMOUS


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12.5 MINUTES – SOCIAL PLAN ADVISORY COMMITTEE – 9 DECEMBER 2010

File/Index: Meetings (Community Relations) - Social Plan Management Committee


REPORT SUMMARY:

This report presents the Minutes of a meeting of the Social Plan Advisory Committee held on 9 December 2010.

REPORT DETAIL:

A copy of the Minutes of the Social Plan Advisory Committee meeting of 9 December 2010 is distributed with this Business Paper for the information of Councillors.


None.


None.

CONSULTATION:

None.


That the Minutes of the Social Plan Advisory Committee meeting of 9 December 2010 be received and the recommendations adopted.

ATTACHMENTS:

12.5.A Minutes Social Plan Advisory Committee – 9 December 2010 (DW 232833)

12.005/11

RESOLVED (Cr Child/Cr Coe) That the Minutes of the Social Plan Advisory Committee meeting of 9 December 2010 be received and the recommendations adopted.

UNANIMOUS


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13. CORRESPONDENCE


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13. CORRESPONDENCE

NIL


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


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

14.1 LOAN FACILITY – CONSTRUCTION OF RALEIGH WORKS DEPOT

Council resolved on 28 October 2010 to borrow $4,528,000 in 2010/11 to finance the upgrade of the Raleigh Works Depot. Based on construction timeframes the strategy is to now draw down $2.5M on 30 June 2011 and to draw down a further $2M on 30 June 2012 at an indicative interest rate of 8.6% and for a term of 20 years. It should be noted, however that the interest rate fluctuates according to the current market.

Council has been negotiating the terms and conditions of the Loan Facility and a resolution is required to enable Council to affix the Seal to the relevant documents.

RECOMMENDATION:

That the Loan Facility Contract and associated documents be executed under the Seal of Council.

14.001/11

RESOLVED (Cr Tuohy/Cr Coe) That the Loan Facility Contract and associated documents be executed under the Seal of Council. FOR - Cr Coe, Cr Cronin, Cr Troy, Cr Tuohy AGAINST - Cr Braithwaite, Cr Child


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15. ITEMS FOR INFORMATION


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15. ITEMS FOR INFORMATION

15.1 REPORT ON INVESTMENTS AS AT 31 JANUARY 2011

File/Index: Financial Management/Investments

Author: Susan Glasson, Manager of Financial Services

REPORT SUMMARY:

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

REPORT DETAIL:

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


There are currently no budgetary implications.


Council’s investments are made in accordance with Local Government requirements with both Local Government Financial Services P/L and term deposits listed in the Local Government Ministerial Order.

CONSULTATION:

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


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

ATTACHMENTS:

There are no attachments for this report.

15.001/11

RESOLVED (Cr Cronin/Cr Child) That the recommendation for Items 15.1 and 15.2 be adopted UNANIMOUS


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CERTIFICATE OF INVESTMENTS

AS AT 31 JANUARY 2011

TERM (DAYS)

MATURITY DATE

INTEREST RATE %

MARKET VALUE $

% OF TOTAL

CASH FACILITIES National - Business Cash Maximiser 4.50% 20,888.52 0.07%

National - Special Cash Maximiser 5.19% 519,528.43 1.76%

TERM DEPOSITS

Term Deposits - NAB 180 06/03/1011 6.11% 1,000,000.00 3.40%

Term Deposits - Westpac 270 18/03/2011 6.00% 3,500,000.00 11.89%

Term Deposits - NAB 180 02/02/2011 6.07% 500,000.00 1.70%



Term Deposits - Macquarie 180 15/06/2011 6.25% 1,000,000.00 3.40%

Term Deposits - Bank Qld 270 02/03/2011 6.20% 1,000,000.00 3.40%

Term Deposits - Bendigo/Adelaide 270 02/03/2011 6.10% 1,000,000.00 3.40%


Term Deposits - Nab 120 04/05/2011 6.30% 2,000,000.00 6.79%


Term Deposits - Bankwest 180 05/03/2011 5.80% 1,000,000.00 3.40%

Term Deposits - ING 34 19/01/2011 5.71% 500,000.00 1.70%


Term Deposit - Westpac 60 26/01/2011 5.80% 700,000.00 2.38%


Term Deposit - Westpac 5yrs 05/12/2015 5.80% 1,000,000.00 3.40%

Term Deposit - Nab 365 01/12/2011 6.55% 1,000,000.00 3.40%

Term Deposit - Nab 180 08/06/2011 6.40% 500,000.00 1.70%

TOTAL INVESTED FUNDS 29,440,416.95 100.00%

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

with the provisions of the Local Government Act, 1993, Local Government (General) Regulation 2005

and Council's Investment Policy.

S M Glasson 04-Dec-11

Responsible Accounting Officer Date


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15.2 DEVELOPMENT APPLICATION PROCESSING REPORT

File/Index: Development and Building Controls/Reporting

Author Charlie Hannavy, Director of Environmental Health and Planning

REPORT SUMMARY:

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

REPORT DETAIL:

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

DA Processing times

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

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


There are no budgetary implications.


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

CONSULTATION:

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


That the information in this report be noted.

ATTACHMENTS:

15.2.A DA summary table (DW 237560)

15.2.B DA processing times graph (DW 237560)

15.2.C Summary chart of determined applications (DW 237560)


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16. MATTERS OF AN URGENT NATURE


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16. MATTERS OF AN URGENT NATURE

NIL


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17. QUESTIONS WITH NOTICE


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17. QUESTIONS WITH NOTICE

17.1 ROAD SWEEPING SERVICE ARRANGEMENTS WITH COFFS HARBOUR CITY COUNCIL

File/Index: Service Provision (Waste Management) Street Cleaning

Author Wayne Butler, Director of Engineering and Operations

17.001/11

Question from Councillor Bruce Cronin In previous years Bellingen Shire council has had an arrangement with Coffs Harbour City Council for them to provide a “once a year” road sweeping service. Are there any current plans to continue this practice? Response from Director of Engineering and Operations Street sweeping of Bellingen, Urunga and Mylestom was undertaken mid February 2011 as part of the clean-up response to the recent natural disaster rain event. These costs will constitute part of Council’s claim to the RTA resulting from the aforementioned event. Furthermore, street sweeping works are scheduled to occur within Bellingen, Urunga and Mylestom at the end of autumn to address the seasonal occurrence of leaf litter accumulation which is in accordance with the current arrangements.


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18. COMMITTEE OF THE WHOLE


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18. COMMITTEE OF THE WHOLE

NIL


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The Meeting closed at 11.10am

Signed:

Cr Mark Troy, Mayor

Chairperson


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19. REPORT ATTACHMENTS


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19. REPORT ATTACHMENTS

19.001/11

8.1.A Submissions x16 (DW 228585, 228200, 231748, 228763, 231099, 228044, 31125, 28197, 230827, 228201, 231129, 231127, 231101, 231098, 231293, 229264, 229264) ................... 31

8.1.B Petition x1 229264................................................................................................................... 31

8.1.C Plans (DW 228198,225422)..................................................................................................... 31

8.2. A. Submissions x 6 (DW 232246, 232650, 232363, 233116, 232653, 233089 ) ....................... 46

8.2.B Plans x 5 (DW 233392)........................................................................................................... 46

8.3.A. Submissions x 3 received (DW 231047,230858, 231171) .................................................... 50

8.3.B Open Space and Community Facilities Study report (TO BE TABLED)(DW 223932, 223933)..................................................................................................................................... 50

8.5.A. Country Energy Tariff Classification (DW 237248).............................................................. 62

8.5.B Detailed Inventory of Council’s streetlights and tariff types (DW237212) ........................ 62

8.5.C Country Energy quotation (DW 237250) ............................................................................... 62

8.5.D Net savings Calculations over 10 years (DW 237710) ........................................................ 62

9.1.A Management Plan 2010/11 – 2013/14 Achievement Report (DW 237792) ......................... 64

9.2.A Annual Report 2009/10 (TO BE TABLED)............................................................................. 65

10.2.A Natural Disaster Funding Submission Bowraville Road (DWS 237928). .......................... 82

12.1.A Minutes: Local Traffic Committee Meeting – 10 February 2011 (DW 193480) .................. 86

12. 2. A. Minutes: Local Heritage Advisory Committee – 2 December 2010 (DW 232682).............. 87

12.3. A Minutes: Dorrigo Community Services Advisory Committee – 22 November 2010 (DW 237651)..................................................................................................................................... 88

12.4.A Minutes: Arts & Cultural Advisory Committee – 16 December 2010 (DW 235347) .......... 89

12.5.A Minutes: Social Plan Advisory Committee – 9 December 2010 (DW 232833) .................. 90

15.2.A DA summary table (DW 237560)............................................................................................ 98

15.2.B DA processing times graph (DW 237560) ............................................................................ 98

15.2.C Summary chart of determined applications (DW 237560) .................................................. 98

minutes ordinary meeting 24 february 2011 · effective leadership, community involvement and...

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