agenda ordinary meeting 29 january 2004 - city of ......2004/01/29 · ordinary meeting on 29...

COFFS HARBOUR CITY COUNCIL

ORDINARY MEETING

COUNCIL CHAMBERS

COUNCIL ADMINISTRATION BUILDING

COFF AND CASTLE STREET, COFFS HARBOUR

29 JANUARY 2004

Commencing at 5.00pm Contents ITEM DESCRIPTION PAGE

NOTICE OF MOTION 1

1 HARBOUR PLAN - EXHIBITION PERIOD 1

RESCISSION MOTION

2 DEVELOPMENT POTENTIAL: LOT 1 AND LOT 2, DP 840016, PACIFIC HIGHWAY, EMERALD BEACH

3

CITY BUSINESS UNITS DEPARTMENT REPORTS

B1 ACQUISITION OF DRAINAGE EASEMENT - LOT 645 DP 227302, 36 TURPENTINE AVENUE SANDY BEACH

4

B2 CAMPING AT EASTERN DORRIGO SHOWGROUND, ULONG - REVISION TO PLAN OF MANAGEMENT

7

B3 FIRE MANAGEMENT BEACON HILL RESERVE, COFFS HARBOUR 14

CORPORATE SERVICES DEPARTMENT REPORTS 18

F1 BANK BALANCES AND INVESTMENTS AS AT 30 NOVEMBER 2003 18

F2 APPLICATION FOR ASSISTANCE - ENTERPRISE INCENTIVE SCHEME 21

F3 INQUIRY INTO LOCAL GOVERNMENT AND COST SHIFTING - FEDERAL STANDING COMMITTEE ON ECONOMICS, FINANCE AND PUBLIC ADMINISTRATION

23

F4 FOOTWAY ACTIVITIES LICENSING POLICY GUIDELINES 29

F5 LOCAL GOVERNMENT BOUNDARIES COMMISSION - EXAMINATION & REPORT INTO PROPOSAL FOR THE CREATION OF A NEW LOCAL GOVERNMENT AREA IN THE CLARENCE VALLEY

31

PLANNING, ENVIRONMENT AND DEVELOPMENT DEPARTMENT REPORTS 34

PED1 DEVELOPMENT APPLICATION NO. 1483/03 - ANIMAL ESTABLISHMENT (BOARDING CATTERY) - LOT 9, DP 860190, 179 HERITAGE DRIVE, MOONEE BEACH

34

PED2 ESTABLISHMENT OF A MANAGEMENT COMMITTEE FOR THE ORARA RIVER RESTORATION - UPPER NORTH COAST CATCHMENT MANAGEMENT BOARD PROJECT

47

PED3 DRAFT WOOLGOOLGA TOWN CENTRE CAR PARKING DEVELOPER CONTRIBUTIONS PLAN

50

CITY SERVICES DEPARTMENT REPORT

S1 COASTAL ESTUARY MANAGEMENT ADVISORY COMMITTEE 63

COFFS HARBOUR CITY COUNCIL

ORDINARY MEETING

29 JANUARY 2004

Mayor and Councillors NOTICE OF MOTION

1 HARBOUR PLAN - EXHIBITION PERIOD

Purpose: Councillor Wood has given notice of his intention to move the following motion at the Council's Ordinary Meeting on 29 January 2004:

"That the exhibition period of "The Harbour Plan" be extended to 29 February 2004". Council resolved at a Special Meeting on 30 October 2003 to place the Plan on exhibition for a period of three months. The exhibition period was disrupted by the hiatus of the Christmas/ New Year holiday season from mid December to mid January; this had the effect of reducing the effective time of the exhibition period. The future of the Harbour is such an elemental and primary factor in the amenity of the City, people need to be given the opportunity to examine the Plan fully, reflect and respond in a considered manner in the, more settled, post holiday period . General Manager's Comment: Councillor Wood has given Notice of Motion that the exhibition period of “The Harbour Plan” be extended to 29 February 2004. His notice states that “the hiatus of the Christmas/New Year holiday season from mid December to mid January has had the effect of reducing the effective time of the exhibition period”. The newly formed Jetty Action Group have requested a similar extension. They also point out the exhibition conflicts with the busy Christmas period but as well cite delays in the provision of key documents relating to the Harbour Plan such as the Stafford Group’s working papers and Jetty Vegetation Study.

cont’d

ORDINARY COMMITTEE 29 JANUARY 2004 - 1 -

1 Harbour Plan - Exhibition Period (cont’d) In advising against the motion I make the following points:

• Council resolved on 30 October 2003 that the Plan be placed on exhibition for a period of three months. On 30 January 2004 the Plan will have been on public display for a total of 93 days (just over 13 weeks). School holidays account for 39 of these days leaving a period of 54 days or nearly eight weeks. Council in passing this resolution was aware that the exhibition period fell within the Christmas/New Year period.

• There has been a great deal of interest in the Plan from the public. To date the displays in the main administration building, the Resources Unit, the three libraries and at shopping centres have been well attended with 3,000 leaflets taken and for November and December there were about 3,800 downloads of the Plan from the website. About 25 separate groups have been addressed by Council staff. All this indicates successful penetration into the community and there is little to be gained from extending the display period.

• At the time of writing there have been only three requests for the Stafford documents. The first was made on 11 December 2003 and the documents were supplied on 17 December 2003. For the remainder of requests the documents were supplied within a few days at times convenient to the people requesting them. The Executive Summary from the Stafford Report is part of the Plan document so has been available during the whole display period. The Vegetation Study has been available since November 2003.

• The timeline was resolved by Council and the exhibition period is an important part of the whole program and would be best maintained.


RESCISSION MOTION

2 DEVELOPMENT POTENTIAL: LOT 1 AND LOT 2, DP 840016, PACIFIC HIGHWAY, EMERALD BEACH

Councillors AD Williams, CM McKimm and J Strom have given notice of their intention to move that Resolution 247 of the Ordinary Meeting of 18 December 2003 only in respect to Recommendation No. T92 - Planning, Environment and Development Committee as follows, be rescinded:

”1. That Council use the development application process to test the extent of constraints that exist across the site and to examine the merit of any development concepts proposed for the site; and

2. That prior to Council making a decision on the development potential of Lot 1 and Lot 2, DP

840016, Pacific Highway, Emerald Beach, a preliminary urban land capability assessment be undertaken on land within the City (especially land in the Northern Beaches) and a report be brought back to Council within three months."


CITY BUSINESS UNIT DEPARTMENT REPORTS

B1 ACQUISITION OF DRAINAGE EASEMENT - LOT 645 DP 227302, 36 TURPENTINE AVENUE SANDY BEACH

Purpose: To seek Council’s approval for the acquisition of a drainage easement over Lot 645 DP 227302, 36 Turpentine Avenue, Sandy Beach. Description of Item: In 1985 Council constructed an open earth dish channel through the above property and adjoining properties to improve the drainage of the area following localised flooding. No formal easement was obtained at that time. The easement to be acquired is located for the most part along the northern boundary of the property and also bisects an access handle the land has to Turpentine Avenue. The easement will be 10 metres wide and have an approximate length of 117.66 metres. The attached plan shows the location of the easement. Negotiations have occurred recently with Mr Chris Hayes who is the owner of the property. Mr Hayes is prepared to accept $2,000 compensation for the acquisition of the easement by Council. In addition to the above, Council will be responsible for all costs associated with the matter. Sustainability Assessment: • Environment

There will be a minor environmental impact as a result of this acquisition. Excavation associated with the drainage line was completed many years ago and no upgrading works are proposed in relation to the property.

• Social The new drainage line has improved infrastructure which will benefit the community at large.

• Economic

Broader Economic Implications Council’s Valuer has assessed the amount of compensation and considers it fair and reasonable. Management Plan Implications There is an amount specifically allocated within this year’s budget for the acquisition of old easements within the City and there are sufficient funds for the acquisition. It is estimated the total cost of the acquisition will be in the vicinity of $3,000.

cont’d


B1 Acquisition of Drainage Easement - Lot 645 DP 227302, 36 Turpentine Avenue Sandy Beach (cont'd) Related Policy and / or Precedents: Council has a policy of acquiring easements over existing drainage systems within the City. Implementation Date / Priority: The matter will be finalized as soon as practicable after Council’s decision. Recommendation: 1. That Council pay compensation of $2,000 for the acquisition of an easement 10 metres

wide in the location shown on the plan attached to this report over Lot 645 DP 227302, known as 36 Turpentine Avenue, Sandy Beach.

2. That Council be responsible for all costs in relation to the matter. 3. That any necessary documents be executed under the Common Seal of Council.


Attachments:

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B2 CAMPING AT EASTERN DORRIGO SHOWGROUND, ULONG - REVISION TO PLAN OF MANAGEMENT

Purpose: The purpose of this report is to seek Council approval to advertise proposed amendments to the Sportsground Plan of Management, to enable primitive camping at the Eastern Dorrigo Showground, Ulong. Description of Item: The Eastern Dorrrigo Showground and Community Hall is managed by a Council committee. The Committee has received numerous requests from the community regarding the availability of camping facilities at the Showground. The Committee previously approached Council regarding amending the Sportsground Plan of Management to permit the establishment of a Primitive Campground, in accordance with Section 65 of the Local Government Act. A report to this effect was prepared for the Council meeting of 6 November 2003. Council considered the request and passed a recommendation that the Sportsground Plan of Management be duly amended to accommodate primitive camping at the Eastern Dorrigo Showground, Ulong. City Parks have prepared the requested amendment to the Sportsground Plan of Management for Council’s consideration (see attachment 1). Sustainability Assessment: • Environment

There will be no habitat disturbance at the site as the campsites will be located on a previously cleared area. Camping will be overseen by the existing management committee to ensure no encroachment outside of the designated area. The campground will generate minimal additional waste and water usage. It is anticipated that existing waste disposal and water supplies will be adequate to service the campground.

• Social Camping will enhance opportunities for participating in cultural, social and recreational events at the Eastern Dorrigo Showground and within the local Ulong community. Provision of camping will promote Ulong as a destination for tourists and visitors to the surrounding National Parks and State Forests. Enhancing tourism opportunities will create a flow on benefit to the local community, resident artists and businesses.

• Economic

Broader Economic Implications The provision of camping will allow increased income from, and usage of, the Showground and Community Hall. An additional economic benefit will be to local businesses and resident artists from increased visitation to the area.

cont’d


B2 Camping at Eastern Dorrigo Showground, Ulong - Revision to Plan of Management (cont'd)

Management Plan Implications The Committee has $22 700 available for the provision of showers, amenities and barbeques. Council has already addressed upgrading access to the site and the provision of car parking. There should be no further Management Plan implications.

Consultation: All Council departments participated in the formulation of the report. The land is Crown Reserve, managed as a reserve for public recreation. The Department of Infrastructure Planning and Natural Resources have been advised of the proposed amendment and concur with the intent of the amendment, advising on January 6, 2003 that they have no objections, and that they see the provision of the campground as a positive step for rural and isolated Recreation Reserves. Related Policy and / or Precedents: Councils’ current policy in relation to Sportsground Use and Coordination states that camping is not a permitted activity. It is therefore proposed to also amend the Policy, to enable the establishment of primitive campgrounds as a permitted activity (see attached amendment) limited to specific reserves. Statutory Requirements: Establishment of a Primitive Campground is a permitted activity under Section 65 of the Local Government Regulation 95. The proposed amendments to the Sportsground Plan of Management will be exhibited for 42 days, in accordance with the requirements of the Local Government Act. Issues: As outlined in the previous Council report on this matter, issues associated with the campground may include excessive noise, disturbance to residents, damage to the grounds, security, lighting and lack of supervision. However, as the Committee has undertaken to address these issues should they arise, it is considered that the establishment of the campground will not be unduly onerous on Council and its resources, and that potential impacts are manageable. The campground will require a permit that will contain specific conditions in relation to the operation of the campground. It is anticipated that most issues will be able to be addressed through the permit system The campground will require an annual renewal of the permit to continue operating . The proposed amendment encompasses regular reviews of the campground to assess its ongoing functioning, environmental and social impacts and patronage.

cont’d


B2 Camping at Eastern Dorrigo Showground, Ulong - Revision to Plan of Management (cont'd) Implementation Date / Priority: The exhibition period for the proposed amendment will take approximately 6 weeks. Recommendation: That Council approve the advertisement of the proposed amendments attached as Appendix A.


Attachments:

APPENDIX A

1. Proposed Revision to main body of the Sportsground Plan of Management

2. Proposed amendment to Appendix 5 of the Sportsground Plan of Management Guidelines and Policy : Sportsground Use and Coordination

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B3 FIRE MANAGEMENT BEACON HILL RESERVE, COFFS HARBOUR

Purpose: The purpose of this report is to advise Council of issues pertaining to fire management at Beacon Hill Reserve, and outline to Council the proposed Fire Management Strategy prepared for the reserve, in line with the Beacon Hill Plan of Management. Description of Item: In 2003, residents of Victoria Street whose properties adjoin Beacon Hill Reserve raised concerns with Council regarding perceived fire risks to their properties from the Council reserve. These concerns were discussed at the Council meeting of 19 June 2003 and a resolution was subsequently adopted that a report be brought back to Council outlining process and work required to mitigate potential fire and other hazards adjacent to properties from approximately 100 –122 Victoria St. City Parks have prepared a Fire Strategy for the Reserve which addresses both risk mitigation to adjoining properties and ecological concerns, in terms of appropriate fire regimes, for Council’s consideration. A copy of the Fire Strategy will be placed in the Councillors’ room for information. Sustainability Assessment: • Environment

The dominant vegetation type at Beacon Hill is a littoral rainforest community, classified by Floyd as Headland Brushbox. This community is dominated by Lophostemon confertus (Brushbox) in the canopy and grades from a dry understory on the drier slopes into a mesic understory on sheltered slopes and within moister gullies. Headland Brushbox is a regionally significant vegetation community and occurs at limited locations within the LGA. Coastal rainforest is currently being examined by the NSW Scientific Committee for statutory listing under threatened species legislation. Excessive clearing of this vegetation community, to allay perceived fire risk, is not desirable due to the scarcity of coastal rainforest mentioned previously and the potential for erosion on the steep slopes that dominate at Beacon Hill. This vegetation type is poorly adapted to fire and the consequences of fire are almost always adverse. Inappropriate burning will cause the reduction or extinction of the rainforest understory. Evidence suggests that this type of vegetation (due to moist ground fuel, high rate of decomposition and protective canopy) is naturally fire resistant and will burn only under conditions of prolonged drought combined with extreme fire weather. Selective clearing of vegetation, based on site-specific assessment of risk, combined with a regular maintenance program, is the preferred option to achieve effective asset protection. This option best addresses the need to both protect assets and to ensure the long-term viability of an “at risk” vegetation community.

cont’d


B3 Fire Management Beacon Hill Reserve, Coffs Harbour (cont’d)

Planned fire management is essential to ensure the long-term survival of the Headland Brushbox community. Planned fire management may involve periodic prescribed burns to promote regeneration of the non-rainforest components of the Beacon Hill vegetation and to protect the rainforest from the effects of catastrophic wildfires. Planned fires may create a short-term localised increase in air pollution, however this impact can be mitigated through burning only under appropriate weather conditions, and through appropriate public notification.

• Social

Strategic fire management will address resident’s fears concerning perceived risk and the heightened anxiety created by such fears. A fire awareness campaign, to educate residents on reducing the fire risk to their properties, may generate a sense of empowerment and reduce feelings of helplessness. Planning for fires will also reduce the likelihood of a catastrophic wildfire event occurring with possible ensuing loss of property and/or life.

• Economic Broader Economic Implications Uncontrolled fires in larger natural area reserves can have broad economic implications from both an environmental and community perspective. Wild fires can devastate sensitive ecosystems particularly within small areas such as a reserve like Beacon Hill. The cost of re-establishment and weed control can be considerable. From a community perspective it poses a danger to private and community owned assets with the threat of loss of these assets from an uncontrolled fire in the reserve Management Plan Implications The proposed fire strategy for Beacon Hill Reserve can be achieved using existing maintenance funding. However, it is clear that this work is now additional to the previous costs of maintaining the reserve system and will have a cumulative affect when plans are proposed and implemented for other natural area reserves. This will require additional maintenance funding in the future.

Consultation: The land is Crown Reserve, managed as a reserve for public recreation and environmental protection. The Reserve currently has an adopted Plan of Management in place, which makes provision, in broad terms, for fire management. The proposed fire strategy has been discussed with the Department of Infrastructure Planning and Natural Resources who advise that they have no objections provided it is within the intent of the Plan of Management. The proposed fire strategy has been discussed internally with officers from Environmental Services, and externally with officers of the Rural Fire Service. A formal consultation process will be undertaken with affected community members prior to implementing the proposed Strategy.

cont’d


B3 Fire Management Beacon Hill Reserve, Coffs Harbour (cont’d) Related Policy and / or Precedents: The Coffs Harbour Bush Fire Risk Management Plan provides the framework for Council to develop and implement risk mitigation strategies. Statutory Requirements: The Rural Fires Act 1997, Section 63 places an onus on land managers “to take… any other practicable steps to prevent the occurrence of bushfires on, and to minimize the danger or spread of a bushfire fire on or from any land vested in or under its control or management…” This section clearly places the responsibility for minimising the risk of wildfires onto the land manager. In the case of Beacon Hill, even though it is Crown land, Council as Trust Manager would be considered legally responsible for fire management under Section 63, as detailed above. Issues: The issues revolve around balancing Councils’ responsibility to protect property against the need to protect and conserve an identified regionally significant vegetation community. Headland Brushbox is a regionally significant vegetation community and occurs at limited locations within the LGA. Littoral rainforest is currently being examined by the NSW Scientific Committee for statutory listing under threatened species legislation as an endangered ecological community. Guidelines produced by the Rural Fire Service NSW indicate that rainforest is not a flammable vegetation type and would be unlikely to support a fire except under a combination of extreme conditions, conditions that, due to our topography and prevailing weather patterns, are unlikely to occur within the Coffs Harbour coastal region. On site investigations, and discussions with officers from the Rural Fire Service, indicate that there is a need to maintain some form of Asset Protection Zone below the affected Victoria St properties, however it is critical that Council differentiate between real and perceived risk in undertaking works. Due to the ecological significance of the Headland brushbox, and the general low flammability of rainforest vegetation, selective clearing of a fuel reduced area, as determined by site specific assessment, is preferred over a strict application of the Rural Fire Service guidelines. Such application will seriously compromise the ecological value of the rainforest community and cause irreparable damage to the mesic understory components. Fuel loads will be further reduced below Victoria St, through the removal of weed species that are contributing to elevated fuel material. This work will serve two purposes – reducing fuel levels and also improving the biodiversity and ecological integrity of the vegetation communities. At present, asset protection work currently undertaken by Council is being undermined by the actions of residents dumping green waste in the reserve behind their properties. This material is contributing to fuel loads within the reserve and creating “ hot spots’ – areas of potential high fire intensity close to property and assets. This material is also creating further sources for ad hoc weed invasion. An education program, to raise public awareness in relation to the role of fire, fire behaviour and effective asset protection will be initiated.

cont’d


B3 Fire Management Beacon Hill Reserve, Coffs Harbour (cont’d) Asset Protection will be further enhanced through continued maintenance of the existing fire trails within the Reserve. The majority of ecosystems in Australia have developed under the influence of fire and rely on particular fire regimes for their continued survival. In the absence of fire, or under an inappropriate fire regime, disturbance to species composition and diversity will occur, sometimes to the point of localised species extinction. Changes in vegetation will also have a flow on effect to fauna species utilizing particular vegetation communities. The fire strategy identifies particular fire regimes for the non-rainforest component of the Beacon Hill vegetation, recommending burn intervals of between 8 and 15 years. A fire-monitoring program will also be implemented to refine predicted fire intervals and to quantitatively assess the effect of the burn program on vegetation. Council will implement the proposed fire strategy, in consultation with the relevant agencies and community representatives. All statutory requirements, in terms of planning and notifications, will be complied with in implementing the proposed fire strategy. Implementation Date / Priority: As community concerns have been raised in relation to perceived fire issues, the Fire Strategy will be implemented as a matter of high priority. Recommendation: That Council note the Fire Management Strategy proposed for Beacon Hill Reserve, in line with the adopted Plan of Management. Pat Littler Director City Business Units


CORPORATE SERVICES DEPARTMENT REPORTS

F1 BANK BALANCES AND INVESTMENTS AS AT 30 NOVEMBER 2003

Purpose: To list Council's Bank Balances and Investments as at 30 November 2003. Description of Item: A copy of the state of Bank Balances and Investments as at 30 November 2003 is attached. Sustainability Assessment: • Environment

There are no perceived current or future environmental impacts.

• Social There are no perceived current or future social impacts.

• Economic Broader Economic Implications There are no perceived current or future social impacts.

Recommendation: That the Bank Balances and Investments totalling one hundred and seventeen million, two hundred and thirty eight thousand, five hundred and sixty three dollars ($117,238,563) as at 30 November 2003 be noted.


Attachments:

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F2 APPLICATION FOR ASSISTANCE - ENTERPRISE INCENTIVE SCHEME

Purpose: Report seeking approval for financial assistance towards expansion of a local business. Description of Item: Council has received an application for assistance from a local business seeking assistance towards the expansion of its wholesale food distribution operations. The company, Trackwood P/L T/As Coffs Provedores, has lodged an application for assistance towards:

• Purchase and installation of capital equipment, including refrigeration

• Power factor correction units upgrades

• Relocation costs and associated working capital The anticipated employment growth within the first twelve months of the implementation of these improvements will be four (4) additional full-time staff. In the subsequent year it is anticipated a further four (4) full-time positions will be created. In 1998/99 Council provided $4,000 to this company for expansion costs. All projections from that expansion were met and the business has continued to flourish to the point to where it again needs to expand and relocate. Sustainability Assessment: • Environment

No negative environmental impacts were identified during the DA approval process. • Social

The proposal will promote job creation within the local region.

• Economic

Distribution and logistics type industries also have substantial multiplier effects upon other local commerce. This obviously then has a flow on effect for employment. Council has, within the 2003/04 Management Plan, a budget allocation of $15,581 for its Incentive Scheme. There has been $8,000 approved for other applications within this financial year, leaving $7,581 available. The shortfall of $419 is to be met by the Economic Development Unit.

Consultation: This application has been the subject of consideration by Council’s Incentive Scheme Assessment Group that comprises the Mayor, Cr Ovens, the General Manager, the Director of Finance, the Administration Manager, the Economic Development Manager and the Client Manager of the Department of State and Regional Development.

cont’d


F2 Application for Assistance - Enterprise Incentive Scheme (cont'd) Related Policy and / or Precedents: Council’s adopted policy provides the following categories of assistance:

1. Establishment or expansion grant

2. Site location and infrastructure provision

3. Council rates and charges

4. Environmental and developmental assessment assistance The guidelines for the level of assistance provide parameters up to a maximum to $2,000 for every job created or 5% of capital investment. The group considered all options available under the policy and assessed the potential continuity of the enterprise. Statutory Requirements: Section 356 of the Local Government Act provides Council with the capacity to subsidise outside activities. This, however, is required to be reported in Council’s Annual Report. Council is also required to advertise any proposal to subsidise companies or individuals who act for private gain. Council, in developing its Local Incentive Scheme, advertised the policy for 28 days to comply with the requirements of the Act. Issues: The Incentive Scheme Assessment Group met on 13 January 2004. The assessment group, in reaching its decision, considered Council’s Incentive Assessment criteria, the company’s commercial viability, rationale for expansion, regional significance and the benefits to employment within the city. Under the Scheme’s criteria this application would be eligible for greater funding than recommended, however it reflects previous decisions and the available budget in arriving at a reasonable subsidy amount. Recommendation: Under Council’s Enterprise Incentive Scheme, that council approve funding of $8,000 to Trackwood Pty Ltd, payable upon inspection of the expansion.


F3 INQUIRY INTO LOCAL GOVERNMENT AND COST SHIFTING - FEDERAL STANDING COMMITTEE ON ECONOMICS, FINANCE AND PUBLIC ADMINISTRATION

Purpose: To provide Council with the findings of the final report into the Cost Shifting Inquiry. Description of Item: On the 30 May 2002 the Committee resolved to inquire into local government and cost shifting as referred by the Hon Wilson Tuckey MP, the then Minister for Regional Services, Territories and Local Government. The Inquiry was advertised in national papers in June 2002. The terms of reference included:

1. Local government's current roles and responsibilities.

2. Current funding arrangements for local government, including allocation of funding from other levels of government and utilisation of alternative funding sources by local government.

3. The capacity of local government to meet existing obligations and to take on an enhanced role in developing opportunities at a regional level including opportunities for councils to work with other councils and pool funding to achieve regional outcomes.

4. Local government expenditure and the impact on local government's financial capacity as a result of changes in the powers, functions and responsibilities between state and local governments.

5. The scope for achieving a rationalisation of roles and responsibilities between the levels of government, better use of resources and better quality services to local communities.

6. The findings of the Commonwealth Grants Commission Review of the Local Government (Financial Assistance) Act 1995 of June 2001, taking into account the views of interested parties as sought by the Committee. The inquiry is to be conducted on the basis that the outcomes will be budget neutral for the Commonwealth.

In June 2003, the Inquiry issued its discussion paper after investigating a diverse range of matters affecting local government and relevant to cost shifting. The Inquiry received some 128 responses to a questionnaire and over 400 submissions from a wide range of sources including councils, private citizens, associations and state and federal departments. The Inquiry subsequently conducted 17 public hearings, which involved visits to each State and Territory. Coffs Harbour City Council made a submission to the Inquiry. On the 24 November the House Standing Committee tabled its report on the Inquiry into Local Government and Cost Shifting. A copy of the full report is available on request or it can be viewed on the web at www.aph.gov.au/house/committee/efpa/localgovt/INDEX.htm A summary of the final recommendations are attached (refer attachment A).

cont’d


F3 Inquiry into Local Government and Cost Shifting - Federal Standing Committee on Economics, Finance and Public Administration (cont'd) Sustainability Assessment: Chapter 2 of the Report covers the "Roles and Responsibilities" and emphasizes the physical, social and cultural environments and debates the diversity (para 2.19, p.9). Consultation: During the course of preparing Coffs Harbour City Council's submissions, contact was made with the Local Government and Shires Associations, Local Government Managers Association and several other councils who had prepared submissions. Related Policy and / or Precedents: Council has no formal policy specifically dealing with cost shifting. Council deals with these matters as they arise. Statutory Requirements: Rate pegging has been the major impediment to economic development and stability. Issues: The Associations have cautiously welcomed the recommendations contained in the report, initial comments on the report are provided below. The report recommends a major shake-up of federal-state-local government. The unanimous report of the inquiry finds local government has been short changed, particularly by the actions of state government, with more functions expected of local government but no or insufficient funds provided to undertake them. Local government sought three principal outcomes from the inquiry:

• An acknowledgement that cost shifting, the transfer of more and more unfunded tasks to councils, was causing substantial hardship for local government and impeding its ability to deliver services and maintain infrastructure;

• An acknowledgement that fixing cost shifting, while critically important, will not in itself resolve the overall financial crisis facing local government.

• A new funding system for local government based on access to a fair share of national taxation revenue, backed by an intergovernment agreement and effective compliance mechanisms to stop cost shifting.

The report goes some way towards meeting these outcomes in calling for:

• a strong intergovernmental agreement

• formal recognition of local government by the Federal Parliament

• a COAG summit in 2005 covering which level of government does what best and the need for appropriate funding

• a process for the renegotiation of roles, responsibilities and funding arrangement between the three spheres of government

cont’d


F3 Inquiry into Local Government and Cost Shifting - Federal Standing Committee on Economics, Finance and Public Administration (cont'd) The Local Government and Shires Associations have advised that aspects of a few recommendations must be treated cautiously, in particular the potential consequences of changes to the methodology for distributing financial assistance. The items listed under recommendation 18 in particular, will require detailed analysis and discussion. Implementation Date / Priority: It will be interesting to see how the Federal Government proceeds and State Governments commit. The recommendations for a COAG summit in 2005, should this eventuate, will no doubt be a monumental time for local government and its prospects. Recommendation: That the report be adopted and a letter of support for the recommendations be forwarded to the Local Government and Shires Associations, the Australian Local Government Association and the Chair of the Committee.


Attachments:

Attachment A

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F4 FOOTWAY ACTIVITIES LICENSING POLICY GUIDELINES

Purpose: To advise Council of the submissions made as a result of advertising the draft policy guidelines. Description of Item: Council adopted its 'Outdoor Dining - Footway Licensing Policy Guidelines' on the 22 August 2002 following a public exhibition process. The draft 'Footway Activities Licensing Policy Guidelines' (copy supplied separately to Councillors) dealing with the other activities conducted on footways throughout the city, was adopted by Council at its meeting held on the 16 October 2003 for public exhibition. Sustainability Assessment: • Environment

In certain circumstances, some activities do have the potential to pollute through the way some material may be distributed. Safeguards on these activities should minimise the risk from these activities.

• Social Activities such as street stalls, busking, banners and the like assist with community involvement and make for vibrant footway areas.

• Economic Broader Economic Implications These 'other activities' also aid in promoting the City and bring people to the area. The flow-on effect to business whilst perhaps not measurable, does create some economic development. Management Plan Implications The proposal to charge fees to businesses being licensed to place clothing and other merchandise racks and trading tables adjacent to the business will bring in some income and bring equity with outdoor dining licences.

Consultation: Advertisements were placed in all local newspapers advising the policy was on exhibition and calling for submissions. A media release was also issued. Letters were forwarded to all traders that were using the footway in front of their premises for the display of goods. Discussions were also held with people making applications and bookings over the intervening months.

cont’d


F4 Footway Activities Licensing Policy Guidelines (cont’d) Related Policy and / or Precedents: Council has adopted 'Outdoor Dining - Footway Licensing Policy Guidelines'. Council has guidelines for approving street stalls, banners and some events in the City Square and this policy and guidelines will supersede these documents. Statutory Requirements: Division 3, Part 1, Chapter 7 of the Local Government Act provides for the approval and process of applications for such activities. Issues: To date no formal submissions have been received. Our discussions with applicants over the period have indicated that the official permits should be adjusted, there should be some restrictions on the number of people permitted to man stalls. A religious group applied to undertake a survey and their feedback suggested the area of operation to carry out the survey had been too restrictive. Implementation Date / Priority: The implementation approach will be to forward correspondence as appropriate to regular applicants and those immediately affected by the policy guideline. Recommendation: That Council adopt the Footway Activities Licensing Policy Guidelines and associated fee structure.


F5 LOCAL GOVERNMENT BOUNDARIES COMMISSION - EXAMINATION & REPORT INTO PROPOSAL FOR THE CREATION OF A NEW LOCAL GOVERNMENT AREA IN THE CLARENCE VALLEY

Purpose: To advise Council of the invitation advertised by the Local Government Boundaries Commission to make a submission on a proposal to form a single Council for the Clarence Valley including a boundary adjustment to transfer an area including the villages of Red Rock and Corindi to Coffs Harbour City Council. To also advise Council of the submission submitted. Description of Item: The Hon Tony Kelly MLC, Minister for Local Government, has made and referred a proposal to the Local Government Boundaries Commission for examination and report in accordance with sections 218E(1) and 218F(1) of the Local Government Act 1993. The proposal is for the creation of a new local government area (LGA) for the Clarence region incorporating the areas of Grafton City and Maclean Shire, the majority of the areas of Pristine Waters and Copmanhurst Shire and part of the area of Richmond Valley. It also proposed that the new council assume the current functions of two county councils in the area, the Clarence River Council (eradication of noxious weeds, floodplain management) and Lower Clarence County Council (water supply). The proposal also entails transferring part of the areas of Copmanhurst Shire to Richmond Valley LGA and part of the area of Pristine Waters to Coffs Harbour LGA. The Local Government Boundaries Commission is required to examine and report on the proposal in accordance with the Act having regard to the factors set out in section 263(3). Written submissions are invited from persons with an interest in putting forward points of view relating to the proposal. Submissions should be forwarded to the Local Government Boundaries Commission by 27 January 2004. Persons making submissions should give written indication by 27 January 2004 on whether they wish to speak to their written submission at the public hearings. Submissions received by the Local Government Boundaries Commission will be made publicly available at the Commission's discretion. Information on the Local Government Boundaries Commission is available on the Internet via the website of the Department of Local Government at: http://www.dig.nsw.gov.au. Consultation: In order to prepare Council's submission, contact has been made with Pristine Waters Council to obtain whatever data was available to assist in understanding the likely effects on Coffs Harbour City Council and the services it would need to render should the boundary adjustment be proclaimed.

cont’d


F5 Local Government Boundaries Commission - Examination & Report into Proposal for the Creation of a New Local Government Area in the Clarence Valley (cont'd) Pristine Waters Council has assisted as much as possible within the limited resources available at this time. Similarly, a considerable level of consultation has occurred with North Coast Water on the proposal to transfer its functions to the proposed new Council. Within Council the Executive Team and Branch Managers have had the opportunity to input the submission. Councillors were also advised by the General Manager of the process for the preparation of the submission and to advise any concerns they may have. Sustainability Assessment: The Local Government Boundaries Commission is required by S263(3) to examine and report on the proposal having a regard to factors set out in the Section. The submission addresses these factors which deal generally with environmental, social and financial impacts. Legislation Part 3, chapter 4 of the Local Government Act deals with constituting the Local Government Boundaries Commission and Section 263 sets out its functions. Related Policy and / or Precedents: Council has no stated policy on the proposal. Issues: On 5 January 2004, the Local Government Boundaries Commission placed advertisements inviting submission on the proposal referred to it by the Hon. Tony Kelly MLC, Minister for Local Government. Submissions were to be with the Commission by 27 January 2004. A request was forwarded to the Commission to extend the date to allow consideration by Council but as yet no reply has been received. Council's submission has been dispatched to meet the advertised deadline. This has in some respects not permitted as complete investigation of issues as one would have preferred. The submission has been framed from the point of view that Council makes no comment on the proposal other than the areas that specifically affect Coffs Harbour City Council and its community namely:

1. The transfer of the functions of North Coast Water and,

2. The boundary adjustment to transfer an area of Pristine Waters Council including the villages of Red Rock and Corindi to Coffs Harbour.

cont’d


F5 Local Government Boundaries Commission - Examination & Report into Proposal for the Creation of a New Local Government Area in the Clarence Valley (cont'd) The first matter is of particular importance to Coffs Harbour City Council in view of its representation and therefore a voice on the North Coast Water and the development and investment in the Regional Water Supply Scheme. The proposal recommends the transfer of North Coast Water functions to a business unit of the proposed Council. Coffs Harbour City Council has rights and obligations under the existing agreements which will need to be addressed in the proposed amalgamation. The second matter of the boundary adjustment presents a range of issues for both communities but these are manageable in part due to the history of co-operation between Pristine Waters Council and Coffs Harbour City Council. A copy of the submission will be available in the Councillors' room by 27 January 2004 and copies will be provided upon request. The submission deadline of 27 January 2004 has been met. Recommendation: That Council note and confirm the submission forwarded to the Local Government Boundaries Commission on 27 January 2004. Kyme Lavelle Director of Corporate Services


PLANNING, ENVIRONMENT AND DEVELOPMENT DEPARTMENT REPORTS

PED1 DEVELOPMENT APPLICATION NO. 1483/03 - ANIMAL ESTABLISHMENT (BOARDING CATTERY) - LOT 9, DP 860190, 179 HERITAGE DRIVE, MOONEE BEACH

Purpose: The purpose of this report is to advise Council on an application for a boarding cattery incorporating 24 pens in Heritage Drive, Moonee. The report recommends conditional approval of the application.

cont’d


PED1 Development Application No. 1483/03 - Animal Establishment (Boarding Cattery) - Lot 9, DP 860190, 179 Heritage Drive, Moonee Beach (cont'd) Description of Item: The development proposed is a boarding cattery comprising 24 pens on a rural residential property in Heritage Park. A single storey house is located at the front of the property, and the cattery is proposed behind it. The cattery building is approximately 20 m in length and 5.5 m wide, and is to be clad in weatherboard with a corrugated iron roof; these materials will match those of the existing house. A semi-circular driveway exists at the front of the property allowing visitors to enter the site, pull up in front of the house, and leave in a forward direction. A small pathway is proposed alongside the house to give direct access to the cattery. Solid waste from litter trays is to be disposed of to a toilet within the cattery, which is to be connected to the on-site effluent disposal system, which serves the house. This system will require upgrading. The remaining waste (litter) will be disposed of to Council’s England’s Road Waste Management Facility, with interim storage on-site within bins.

cont’d


PED1 Development Application No. 1483/03 - Animal Establishment (Boarding Cattery) - Lot 9, DP 860190, 179 Heritage Drive, Moonee Beach (cont'd) Sustainability Assessment: • Environment

The development will not have any significant adverse impacts upon the environment. Noise from the cattery is expected to be such that it will not impact upon neighbours in the locality; the floor level of the cattery will meet Council's minimum floor level requirements in terms of flooding; the road network is sufficient to cater for the increase in traffic generated by the development; waste is to be disposed of off-site and through the existing on-site effluent disposal system, and the development will not have adverse impact upon native fauna.

• Social A number of submissions have stated their dissatisfaction with the development, however, the grounds for objection have either been addressed through amendments to the development; conditions of consent; or are otherwise not well founded.

• Economic

Broader Economic Implications There are no broader economic implications associated with the development. Management Plan Implications There are no financial implications in relation to Council's Management Plan.

Consultation: The application was notified and advertised initially in June 2003 with a total of 23 submissions received objecting to the development. After the receipt of further information, the application was re-notified and re-advertised in late October 2003, with 14 submissions being received, one of which included a petition, and all of which objected to the development. Internal comments on the application have also been received from Council’s City Services Department and Environmental Services Branch, and external comments have been received from the National Parks and Wildlife Service and the Department of Infrastructure, Planning and Natural Resources. Statutory Requirements: Section 79C of the Environmental Planning and Assessment Act 1979 sets out the matters to be considered in the determination of a development application. The consideration of matters is limited in so far as they must be of relevance to the development being considered. A report setting out consideration of the development in terms of section 79C is appended to this report (Appendix A). With regard to Coffs Harbour City Local Environmental Plan (LEP) 2000, the site is zoned Rural 1B Living Area and the boarding cattery is defined as an “animal establishment”. It is permissible in the zone, with Council consent.

cont’d


PED1 Development Application No. 1483/03 - Animal Establishment (Boarding Cattery) - Lot 9, DP 860190, 179 Heritage Drive, Moonee Beach (cont'd) Issues: • Covenant

Many of the submissions pointed out that a covenant registered over the property specifically prohibits the use of any building for the purpose of “… kenneling, boarding or breeding any domestic animal …” and “… shall include dogs, cats and goats.” Clause 17 of LEP 2000 specifically provides that covenants and similar restrictions do not apply to the extent that they prohibit or restrict any development permitted by LEP 2000. Most local environment plans (LEPs) include a provision similar to this, which effectively ensures that private restrictions do not frustrate public planning decisions; restrictions of this type are able to be created without any reference to Council, and it is not uncommon for a developer to create such covenants when registering a subdivision.

• Odour There is unlikely to be any unpleasant odour emanating from the cattery. The pens themselves are relatively enclosed, with the only openings small windows to each pen. The pens themselves are to have a tiled floor, and are to be mopped out and disinfected, with litter trays to be serviced at least twice a day.

• Noise The application is accompanied by a noise report from a recognised noise consultant. The report states: “It is our opinion that no adverse noise impact will result from the operation of this proposed development and that no justifiable complaints relating to noise will be received as a result of the implementation of this proposed development.” The conclusions of the noise report are supported but, notwithstanding, enquiries regarding noise have been made by contacting other cattery operators and veterinary surgeons. All have advised that, in practice, the noise made by boarded cats is minimal. It should be noted that the nearest residence is about 120 m from the proposed development, with a likely building platform for another house some 90 m distant.

• Fauna A number of submissions stated that the cattery would have an adverse impact upon fauna in the locality, ranging from the escape of cats from the premises, the attraction of feral cats and foxes, and the impact from additional traffic. Cats are to be kept within the confines of the cattery and are not proposed to range across the property. There is no evidence to suggest feral cats will be attracted to the cattery. The applicant has stated that only de-sexed cats are to be accommodated. In any event, the attraction of feral cats would simply mean the absence of such animals from other natural areas.

cont’d


PED1 Development Application No. 1483/03 - Animal Establishment (Boarding Cattery) - Lot 9, DP 860190, 179 Heritage Drive, Moonee Beach (cont'd)

Heritage Drive is a wide road with good sight lines in terms of width. Given the amount and speed of vehicles using this road, no significant impact on fauna as a result of traffic-generated by the development is expected. It should be noted that the National Parks and Wildlife Service have commented on the application, and have raised no objections to it.

• Traffic and Parking Concern has been expressed that traffic generated by the development will reduce safety within the neighborhood, particularly for children, and that the location of the site is at a dangerous crest opposite other driveways. Heritage Drive is considered to have sufficient width, and with adequate sight lines such that the impact of additional traffic from the cattery will have a negligible impact in terms of safety within the neighborhood. It should be noted that Council is currently in receipt of an application, which proposes the completion of Heritage Drive as a loop road. Should Heritage Drive be completed as a loop road, then traffic would have two options by which it could reach the cattery. In terms of parking, it is anticipated that visitors will use the driveway in a drop-off and pick-up fashion; it is of sufficient length that a number of cars might be accommodated at any one time.

• Effluent Disposal Solid waste from cats is to be disposed of to the on-site effluent disposal system which serves the house, via a toilet located in the cattery. This system will require upgrading, and a condition of consent is recommended that this occur prior to operation of the cattery. The applicant has submitted correspondence from a recognised plumber that the system can be upgraded to accommodate waste from the cattery. Litter from trays within the pens is to be disposed of to sealed plastic bins before being disposed of to Council’s England’s Road Waste Management Facility. Previously, the applicant had proposed to compost litter from trays on-site, but was required to amend this aspect given that over time nutrients would have accumulated on the site, and made their way into the adjoining drainage channel and eventually Moonee Creek. This method of disposal also eliminates any possibility of odour occurring from composting.

• Precedent A number of submissions stated that approval of the application would set an undesirable precedent within the neighborhood and effectively open the floodgates to the receipt of similar developments. The boarding cattery is a use that is permissible with consent. Applications for similar types of developments are a possibility, however each would be assessed on its own merits. Consent to this application does not necessarily translate to the automatic approval of other applications for similar uses.

cont’d


PED1 Development Application No. 1483/03 - Animal Establishment (Boarding Cattery) - Lot 9, DP 860190, 179 Heritage Drive, Moonee Beach (cont'd) • Loss of Visual Amenity

The cattery is to be erected from materials and in colours similar to those used in the existing house. It is to be erected behind the house, and is to an extent hidden from Heritage Drive. Neighboring houses are well distant from the cattery, and vegetation also exists which will partially screen it from view. The cattery will not be dissimilar in size to sheds in the neighborhood.

• Breeding and Keeping of other Animals

Some concern has been expressed that the cattery will be used for the purpose of breeding or that dogs will be boarded at the premises. A condition of consent is recommended to address these issues.

• Impact on adjoining Drainage Channel Concern was raised over the initial proposal to hose out pens, with wastewater to be disposed of to a trench system on-site. This may have had an adverse impact on water quality within the adjoining drainage channel, which eventually discharges to Moonee Creek. To address this, the applicant proposes to tile the floor of the cattery, which will now be mopped when cleaned. This will reduce the amount of water used in cleaning the pens, with wastewater to be disposed of to the on-site effluent disposal system for treatment. The agents to be used in the cleaning process may be adequately treated by the system.

• Loss in Property Value A number of submissions have stated that property values in the neighbourhood will fall if the cattery is established. There is no evidence to support this assertion.

Recommendation: That Development Application No. 1483/03 for an animal establishment (boarding cattery) on Lot 9, DP 860190, 179 Heritage Drive, Moonee Beach be approved subject to standard and special conditions as appended to the report (Appendix B).


Attachments:

APPENDIX A Section 79C Evaluation Development Application No. 1483/03 (a) the provisions of:

(i) any environmental planning instrument, and

• Environmental Planning and Assessment Act

The development is proposed within an established rural residential subdivision on cleared land in close proximity to a residence. No trees are proposed for removal, and it is considered that the cattery will not have a significant effect on any threatened species, populations or ecological communities, or their habitats, in terms of section 5 of the Act.

• North Coast Regional Plan 2000

This Plan does not have any clauses of relevance to the development.

• Coffs Harbour City Local Environmental Plan (LEP) 2000

The site is zoned Rural 1B Living Zone under LEP 2000. The proposed use is defined as an 'animal establishment’ and is permissible with consent. The development complies with the requirements of clause 12 of the LEP (KPoM). It is classed as Secondary koala habitat. The development will not: - Result in the loss of any habitat. - Pose a threat to koalas in the area. - Impact on any koala movement corridors.

Nor will it: - Provide any barriers to koala movement (no boundary fencing is proposed). - Require lighting or koala fencing on roadways adjacent. - Involve the planting of koala trees in the required landscaping, these being

unjustified and impractical. - Pose a threat to koalas from dogs (no dogs to be housed by the development). - No fire protection zones are required with the development. The development does not propose the removal of any vegetation. Clause 14 Services is relevant to the development. In this regard the water from the existing 90,000 litre water tank is to be used to clean the pens. As well, facilities for the disposal of sewage are provided. Solids from cat litter trays are to be flushed in a toilet in the cattery, which will be connected to the existing on-site effluent disposal system, and a condition requiring the upgrade of this system has been imposed on the consent. Area exists on-site for such an extension. Litter from the trays is the to be kept in bins on-site, and thence disposed of to Council’s England’s Road Waste Management Facility.

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A covenant has been registered against the property (and much of the estate), which provides that animals may not be boarded within the estate. Clause 17 of the LEP 2000 provides that covenants and the like do not operate to the extent necessary so as to restrict or prohibit the development. Accordingly Council may consent to the application. The development will not disturb acid sulphate soils in such an amount so as to trigger clause 23 of LEP 2000. The cattery will instead be relying on a slight bit of fill to raise it to the minimum floor level (flooding - 9.6 m AHD).

(ii) any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority, and No draft EPI’s (draft LEPs 2, 3, 10, 12, 15, 19, 21 and 23) apply to the development site.

(iii) any development control plan, and

• Off-Street Car Parking Development Control Plan (DCP) The nature of the development is such that car parking is not required. The drive-in drive-out driveway at the front of the house is sufficient to allow persons to drop off and pick up cats; these movements are not anticipated to take long, and the driveway is of adequate length to stack a number of vehicles.

• Notification DCP The application was initially advertised and notified for a two-week period in June 2003. Twenty-three submissions were received either raising concerns or objecting to the development. The application was renotified and readvertised in late October 2003 and a further fourteen were received either raising concerns or objecting to the development.

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates,

Clause 92 of the Environmental Planning and Assessment Regulation 2000 provides that the document titled “NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast“ is to be considered in the determination of a development application. The Policy does not apply to this area.

(b) the likely impacts of that development, including environmental impacts on both the

natural and built environments, and social and economic impacts in the locality, The development is likely to result in the following adverse impacts, listed below. None of these impacts is considered so significant that the application should be refused. As well, the cumulative impact of the listed impacts is not such that refusal is warranted. • Noise (general amenity)

The applicant has submitted information from HK Clarke & Associates regarding the impact of noise from the development. This report (and later correspondence) advises, “It is our opinion that no adverse noise impact will result from the operation of this proposed development and that no justifiable complaints relating to noise will be received as a result of the implementation of this proposed development.” The report

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leading to this conclusion has also been vetted by Council’s Environmental Services Branch. As well as the above, Council has made its own enquiries of both operators of similar establishments and a veterinary surgeon regarding the potential for noise to arise from development. Both have indicated that cats make little to no noise.

• Odour There is unlikely to be any significant unpleasant odour emanating from the cattery. The pens themselves are relatively enclosed, with the only openings being small windows to each pen. The pens themselves are to have a tiled floor, and are to be mopped out and disinfected, with litter trays to be serviced at least twice a day.

• Traffic Some additional traffic will result along Heritage Park Drive as a result of the development. Given the number of pens; the likely length of stay of cats; and the amount of traffic will not be substantial. Concern has been expressed that traffic generated by the development will reduce safety within the neighbourhood, particularly for children, and that the location of the site is at a dangerous crest opposite other driveways. Heritage Drive is considered to have sufficient width, and with adequate sight lines such that the impact of additional traffic from the cattery will have a negligible impact in terms of safety within the neighbourhood. It should be noted that Council is currently in receipt of an application, which proposes the completion of Heritage Drive as a loop road. Should Heritage Drive be completed as a loop road, and then traffic would have two options by which it could reach the cattery. In terms of parking, it is anticipated that visitors will use the driveway in a drop-off and pick-up fashion; it is of sufficient length that a number of cars might be accommodated at any one time.

• Fauna A number of submissions stated that the cattery would have an adverse impact upon fauna in the locality, ranging from the escape of cats from the premises, the attraction of feral cats and foxes, and the impact from additional traffic. Cats are to be kept within the confines of the cattery and are not proposed to range across the property. There is no evidence to suggest feral cats will be attracted to the cattery. The applicant has stated that only de-sexed cats are to be accommodated. In any event, the attraction of feral cats would simply mean the absence of such animals from other natural areas. Heritage Drive is a wide road with good sight lines in terms of width. Given the amount and speed of vehicles using this road, no significant impact on fauna as a result of traffic-generated by the development is expected. It should be noted that the National Parks and Wildlife Service have commented on the application, and have raised no objections to it.

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• Flooding The cattery will be partly located on flood prone land. It is to be raised such that it will sit some 500 mm above the 1 in 100 year flood level.

• Loss of visual amenity The cattery is to be erected from materials and in colours similar to those used in the existing house. It is to be erected behind the house, and is to an extent hidden from Heritage Drive. Neighbouring houses are well distant from the cattery, and vegetation also exists which will partially screen it from view. The cattery will not be dissimilar in size to sheds in the neighbourhood.

• Breeding and keeping of other animals Some concern has been expressed that the cattery will be used for the purpose of breeding or that dogs will be boarded at the premises. A condition of consent is recommended to address these issues.

• Effluent disposal and water quality Solid waste from cats is to be disposed of to the on-site effluent disposal system, which serves the house, via a toilet located in the cattery. The applicant has submitted correspondence from a recognised plumber that the system can be upgraded to accommodate waste from the cattery.

Litter from trays within the pens is to be disposed of to sealed plastic bins before being disposed of to Council’s England’s Road Waste Management Facility. Previously, the applicant had proposed to compost litter from trays on-site, but was required to amend this aspect given that over time nutrients would have accumulated on the site, and made their way into the adjoining drainage channel and eventually Moonee Creek. This method of disposal also eliminates any possibility of odour occurring from composting.

The applicant proposes to tile the floor of the cattery, which will now be mopped when cleaned. This should reduce the amount of water used in cleaning the pens, with wastewater to be disposed of to the on-site effluent disposal system for treatment. Council is satisfied that the agents to be used in the cleaning process may be adequately treated by the system.

• Loss in property value

There is no evidence to suggest that there will be a loss in property value should the development be approved. In any event, Council is of the opinion that the cattery will have little adverse impact in the neighbourhood, and it follows that there should be little reason for a fall in property value because of the development.

(c) the suitability of the site for the development, The site is considered suitable for the proposed development. It is cleared land that while subject to constraints (acid sulfate soils, flooding) is nonetheless well distance from other residences in the neighborhood. The design of the development is such that the constraints on the site do not restrict the development.

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(d) any submissions made in accordance with this Act or the regulations,

The issues raised by submissions raising concern or objecting to the development have been addressed above, with the exception of the following: • Precedent

A number of submissions stated that approval of the application would set an undesirable precedent within the neighbourhood and effectively open the floodgates to the receipt of similar developments. The boarding cattery is a use that is permissible with consent. Applications for similar types of developments are a possibility, however each would be assessed on its own merits. Consent to this application does not necessarily translate to the automatic approval of other applications for similar uses.

• Water supply A number of submissions pointed out that different information was submitted from the applicant regarding the size of the water tank on-site. Council is not concerned with the size of the tank. Nonetheless the applicant has confirmed that it holds 90000 litres.

• National Parks and Wildlife Service (NPWS) A submission was provided by the NPWS, which has raised no objection to the development. With regard to cultural heritage (Aboriginal), the site has previously been investigated for this at the time the subdivision of the estate took place. The application was sent to the Department of Infrastructure and Natural Resources for general terms of approval in terms of a Part 3A approval. Consent to the development will not be inconsistent with these terms.

(e) the public interest

The development is not considered contrary to the public interest.

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APPENDIX B Development Application No. 1483/03 Schedule of Conditions Compliance with Building Code of Australia: 1. All building work must be carried out in accordance with the requirements of the Building Code

of Australia. Occupation Certificate: 2. The building is not to be occupied or used unless a relevant Occupation Certificate has been

issued. Construction Certificate: 3. No building or engineering work is to occur unless a Construction Certificate has been

issued. Construction and Delivery Hours – Noise: 4. Construction works and materials delivery are to be limited to the following hours:

Monday to Friday 7:00am to 6:00 pm Saturday 7:00am to 1:00 pm (if audible from adjoining residential properties

- 8:00 am to 1:00 pm). No construction work or deliveries are to take place on Sundays or Public Holidays.

Sediment and Erosion Control: 5. A detailed Sediment and Erosion Control Plan (Plan) is to be submitted to and approved by the

Council, prior to the issue of any Construction Certificate.

The Plan is to incorporate the relevant provisions of Council’s “Erosion and Sediment Control on Building and Development Sites”, and include measures for suppressing dust and ensuring that excavation material is not tracked onto the public road system.

The controls detailed in the Plan are to be implemented prior to any construction work or deliveries made to the site, and are to be maintained for the duration of the work.

Effluent Disposal: 6. Prior to the issue of the Construction Certificate an “On-Site Disposal System Application” is

to be submitted to and approved by Council, for the upgrade of the existing system.

Prior to the issue of the Occupation Certificate the upgrade outlined above is to be installed to Council’s satisfaction.

/2

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- 2 -

Development Application No. 1483/03 Schedule of Conditions Minimum Floor Level: 7. Prior to the issue of the Occupation Certificate written certification from a registered surveyor

is to be provided to the Principal Certifying Authority certifying that the floor level of the cattery is a minimum of 9.6m AHD.

Keeping of Animals: 8. No animals other than cats are to be boarded within the cattery. Breeding of Animals: 9. The cattery is not to be used for purposes associated with the breeding of cats.

****************************************

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PED2 ESTABLISHMENT OF A MANAGEMENT COMMITTEE FOR THE ORARA RIVER RESTORATION - UPPER NORTH COAST CATCHMENT MANAGEMENT BOARD PROJECT

Purpose: To establish a Management Committee for administration of the Upper North Coast Catchment Management Board River Health Project RH 2 - Orara River Restoration. Description of Item: The Combined Orara Valley Rivercare Groups' Management Committee resolved at its meeting of 11 December to “request that Coffs Harbour City Council seek the contract for delivery of the Upper North Coast Catchment Management Board River Health Project RH2 - Orara River Restoration”. The mechanism by which this is to occur is through the formation of a Section 377 Management Committee for administration and implementation of the project. The Orara Rivercare Project has been funded from the Coffs Harbour City Council Environmental Levy over the past five years and has restored and improved the condition of a large proportion of the river frontage within the local government area. For the project to continue to grow and achieve its award-winning outcomes, there is a need for additional assistance from Council in the form of the establishment of a Section 377 Committee to administer and expend a $170,000 grant from the Upper North Coast Catchment Management Board. Sustainability Assessment: • Environment

All facets of the Orara River Restoration Project will contribute to environmental sustainability including the following key outcomes: - improvements in aquatic ecosystems in the Orara River due to improvements in water

quality; - reductions in infestations of noxious and environmental weeds; - improvements to the biodiversity of the Orara River valley due to habitat restoration and

creation; - improvements in structurally and physically degraded landscapes; - stabilisation of degraded stream bank sections of the Orara River; - improvements in water quality.

• Social

The entire community benefits from the implementation of the Orara River Restoration Project for the following reasons: - improved water quality for the Coffs Harbour water supply; - improvements to the viability of rural industries with flow-on social effects; - the continuation of a nationally recognised (and awarded) community based river

restoration project.

cont’d


PED2 Establishment of a Management Committee for the Orara River Restoration - Upper North Coast Catchment Management Board Project (cont'd)

• Economic

Broader Economic Implications The economic benefits to Council and the community from implementation of the Orara River Restoration Project are considerable, including, but not limited to: - improvements to the quality of Coffs Harbour’s water supply (less expenditure on water

quality management); - improved and sustainable agricultural productivity (more viable rural industries in the

catchment); - increased tourist utilisation of a healthier catchment; - cost savings for river restoration works due primarily to the innovation for which the

project is renowned. Management Plan Implications The project will be cost neutral to Coffs Harbour City Council as the budget allows for administration expenses.

Consultation: • Internal

All relevant Directors, Managers and administrative staff have been consulted.

• External Members present at the Combined Orara Rivercare Groups' Management Committee meeting on 11 December 2003 passed a motion requesting Council commence arrangements for establishment of a management committee. Since this meeting, members of the group have been consulted extensively on this issue and remain agreeable to these arrangements.

Related Policy and / or Precedents: Council’s current policy is based on four standing committees with sub-committees reporting through the standing committees to Council. There are three types of sub-committees, namely advisory committees, facility committees and working groups. Statutory Requirements: Section 355 provides for Council to exercise its functions through a committee. Section 377 enables Council to delegate to a committee its functions with certain exceptions.

cont’d


PED2 Establishment of a Management Committee for the Orara River Restoration - Upper North Coast Catchment Management Board Project (cont'd) The method of election is not determined by Act, Regulation or the Council Code, but in the past when an election has been necessary it has been held by open vote. The nominated representatives are part of the existing Orara Rivercare Group, possessing a wealth of experience; their on going involvement is essential. Their commitment to the restoration of the Orara and to restorative measures within the environment is unquestioned. This group forms the major community representation on Council's Environmental Working Group. Issues: Without the assistance of Coffs Harbour City Council in the form of establishment of a Section 377 Committee, the Combined Orara Rivercare Groups will be unable to undertake the Upper North Coast Catchment Management Board River Health Project RH2 - Orara River Restoration. The ongoing success of the Orara River Restoration Project is recognised nationwide, primarily through the receipt of national Rivercare Awards over the past two years. In addition, the Orara River Restoration Project is used as a model for the implementation of whole-of-catchment restoration projects nationwide. The entire Coffs Harbour community benefits from the Orara River Restoration Project, as the primary water supply for the City is within the project area. There may be issues of personal benefit within the Committee's terms of reference and operations. Standing Orders for the Committee will be that where there is a conflict, either real or perceived, a member is to stand aside when voting on that issue. Implementation Date / Priority: The establishment of an Orara River Restoration Project Section 377 Committee is to be completed by March 2004 to allow for prompt commencement of the project. It is proposed that the Orara River Restoration Project Section 377 Committee remain in place until the works required for the successful implementation of the project have been completed (expected to be December 2004). Recommendation: 1. That the Orara River Restoration Project Management Committee (Section 377) be

established comprising one Councillor, six community members, one representative of the Department of Infrastructure, Planning and Natural Resources and the General Manager, or his nominee.

2. That the current community members of the Combined Orara Rivercare Groups'

Management Committee (Garry Dew, Guy Gilmour, Doug Hoschke, Rod McKelvey, John Ross and Ron Smith) be the community members nominated in 1.

3. That Council nominate a Councillor to the Committee.


PED3 DRAFT WOOLGOOLGA TOWN CENTRE CAR PARKING DEVELOPER CONTRIBUTIONS PLAN

Purpose: The purpose of this report is to present to Council the Draft Woolgoolga Town Centre Car Parking Developer Contributions Plan. The report recommends that this plan be placed on public exhibition. A copy of the draft plan is attached to this report.

Background: The "Section 94 Contribution Plan for Off Street Public Car Parking, Coffs Harbour Town Centre and Woolgoolga Business Centre" has been effective since 1 July 1993. This plan has not been reviewed since its inception and it has now become necessary to amend it to reflect the current costs to provide off street car parking. It is recommended that Council repeal the previous plan and replace it with the subject draft plan.

cont’d


PED3 Draft Woolgoolga Town Centre Car Parking Developer Contributions Plan (cont'd) The Woolgoolga Town Centre Study was prepared in 1996 and provided the following conclusions with respect to car parking in the Town Centre: • the supply of parking in the Town Centre is adequate to meet existing demand; • future demand for parking can be met by the development of one of the two proposed public

car parking areas in Market Street and supplemented by additional on street parking if required;

• projected demands indicate that the proposed car parking area on the corner of Queen and Market Streets is surplus and not affordable;

• long-term employee parking should be provided in east Market Street and short-term shopper parking in west Market Street.

Since the Woolgoolga Town Centre Study was completed, the car parking areas on the corner of Market and Queen Streets (Lot 1, Section 19, DP 759113 and Lot A, DP 385817) have been rezoned for residential purposes and disposed of as they are surplus to Council's needs. Report: Council's current Car Parking Contributions Plan requires a contribution of $2,770.62 per space in lieu of the provision of parking within a development site. The proposed contribution plan is based on a projected demand for 600 public parking spaces required by the year 2021. A large part of this demand can be met by on street parking in the short term (465 spaces). An additional 135 spaces are still required with 80 of these paces being provided on the car parking area in Market Street (half of this car parking area has already been built). Given that Council will require some car parking to be provided on site, the remainder of the demand can be satisfied within the road reservations of Queen and Market Streets to provide the additional 55 spaces. Re-configuration of car parking throughout the Town Centre has commenced and this will provide additional car parking spaces which are more efficient. The cost per space provided in the proposed contributions plan is $5,342.80. This contribution includes the purchasing of the two allotments that make up the car parking site and the cost to construct the car parking areas. The works involved in constructing the car parking areas include excavation of the sub-grade, applying a gravel pavement layer, bitumen surfacing, drainage works, line marking and sign posting, and treatment of the entrance from Market Street. Consultation: The Draft Contributions Plan has been prepared with input from all Departments within Council. Sustainability Assessment: • Environment

The construction of the car parking area in Market Street will cause minimal impact on the environment as the property does not support any significant vegetation and has no significant environmental constraints. Engineering works such as excavation of the sub-grade and drainage works may cause some minor adverse impacts on the environment, however measures to ameliorate these impacts will be put in place during the construction phase.

cont’d


PED3 Draft Woolgoolga Town Centre Car Parking Developer Contributions Plan (cont'd) • Social

The completion of the car parking areas in Market Street, modifications to the existing on street parking throughout the Town Centre and the provision for car spaces within the road reservations in Queen and Markets Streets will provide people with adequate, efficient parking in Woolgoolga.

• Economic Broader Economic Implications The contribution rate for car parking in the Woolgoolga Town Centre will increase from $2,770.62 to $5,342.80 per space. However, this is not considered unreasonable as it will provide landowners with the opportunity to develop their land to its full potential without having to provide a large percentage of car parking on site. Management Plan Implications The new contribution rate will reflect the actual cost of providing parking and avoid the need to seek funds from general income.

Statutory Requirements: The draft contributions plan has been prepared in accordance with Section 94 of the Environmental Planning and Assessment Act 1979 and is required to be exhibited for a minimum period of 28 days in accordance with Clause 26(4) of the Environmental Planning and Assessment Regulations. Recommendation: 1. That Council repeal the "Section 94 Contribution Plan for Off Street Public Car

Parking, Coffs Harbour Town and Woolgoolga Business Centre". 2. That, in accordance with Clause 26(4) of the Environmental Planning and Assessment

Regulations, Council exhibit the Draft Woolgoolga Town Centre Car Parking Developer Contributions Plan.

Gina Vereker Director Planning, Environment & Development


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CITY SERVICES DEPARTMENT REPORTS

S1 COASTAL ESTUARY MANAGEMENT ADVISORY COMMITTEE

Purpose: To report minutes of the Coastal Estuary Management Advisory Committee Meeting held on 29 October 2003. Description of Item: All items were of a routine nature except for the following resolution of the Committee, which requires consideration of Council:

CEMAC30 That it be recommended to Council that the Arrawarra Creek Interim Entrance Management Strategy be ADOPTED.

Arrawarra Creek is an ICOLL (Intermittently Open and Closed Lake or Lagoon). When it closes it is often after big seas when seaweed is washed in. The seaweed rots (leading to odours) and depletes oxygen in the creek water which causes fish kills. In these situations Council is called upon at short notice to open the creek. There are a number of authorities from whom approval is required and at times these authorities are reluctant to agree to the opening because of its impact on the creek environment. To overcome this an Interim Entrance Management Strategy for Arrawarra Creek was prepared. It sets out a procedure to be followed and the responsibilities of the various authorities. Sustainability Assessment: • Environment

This Management Strategy has been developed to protect as much as possible the estuarine environment of Arrawarra Creek.

• Social

The Strategy has been developed to minimise the nuisance from odours from rotting vegetation.

• Economic

Broader Economic Implications This Strategy by itself will not incur Council or the community in extra expense. Management Plan Implications There are no Management Plan implications.

cont’d

ORDINARY COMMITTEE 29 JANUARY 2004

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S1 Coastal Estuary Management Advisory Committee (cont’d) Consultation: Thee was extensive consultation with stakeholders and the community in developing this Management Strategy. Recommendation: 1. Council note the minutes of the Coastal Estuary Management Committee Meeting of

29 October 2003. 2. That the Arrawarra Creek Interim Entrance Management Strategy be adopted. Stephen Sawtell Director of City Services

ORDINARY COMMITTEE 29 JANUARY 2004

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Attachments:

COFFS HARBOUR CITY COUNCIL COASTAL ESTUARY MANAGEMENT ADVISORY COMMITTEE

29 OCTOBER 2003

The meeting of the Coastal Estuary Management Advisory Committee (CEMAC) commenced at 4.00pm.

Present: Councillor Cath McKimm, Coffs Harbour City Council (Chairperson)

Mr John Rowe, Coffs Harbour City Council Mr Tony Blue, Coffs Harbour City Council Mr Brett Snelson, Coffs Harbour City Council Mr David Greenhalgh, Marine Park Authority Mr Mohammed Hanif, Dept of Infrastructure, Planning & Natural Resources Ms Dee Wallace, Community Representative Dr Charles Phipps, Community Representative Mr Graham Ashton, Community Representative

Apologies: Councillor Bill Palmer, Coffs Harbour City Council

Mr Neville Green, Coffs Harbour City Council Mr Robert Kasmarik, Dept of Infrastructure, Planning & Natural Resources Mr Frank Kennedy, Community Representative Ms Libby Sterling, Marine Parks Authority

1. APOLOGIES

CEMAC27 RECOMMENDED that the apologies received from, Cr Palmer, Mr Neville Green,

Mr Robert Kasmarik, Mr Frank Kennedy and Ms L Sterling, be accepted. 2. CONFIRMATION OF MINUTES

CEMAC27 RECOMMENDED that the apologies received from, Cr Palmer, Mr Neville Green,

Mr Robert Kasmarik, Mr Frank Kennedy and Ms L Sterling, be accepted. 2. CONFIRMATION OF MINUTES

CEMAC28 RECOMMENDED (Graham Ashton/Charles Phipps) that the minutes of

the Coastal Estuary Management Advisory Committee meeting of 8 July 2003, be confirmed.

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3. BUSINESS ARISING There was no business arising. 4. MOONEE ESTUARY MANAGEMENT PLAN The Committee welcomed Mr Philip Haines and Jane Wicks of WBM Oceanics Australia, the Consultants preparing the Moonee Estuary Management Plan, to the meeting. Water Quality There was an enquiry as to the results of water quality testing which have been undertaken in the past. DIPNR staff will provide information on the bacterial monitoring. It was stated that the projected population of 15,000 planned 10 years ago has been reduced by the adoption of the Moonee DCP. Development adjacent to sensitive areas of the estuary should be avoided. David Greenhalgh enquired in regard to water sensitive urban design, whether each developer looked at individual lots or at the whole design. Tony Blue advised that both are looked at. Charles Phipps advised that the major change in water quality is from storms etc and that 90% of water coming off land occurs in 1:3 month events. Water from larger events is small compared to more frequent storms. Overview of Proposal Philip Haines advised that the next report would be the Estuary Processes Study Report which should be completed early next year. Following that would be the Estuary Management Study and Plan which deals with how we go forward with management the estuary. This plan is based on the Processes Study which includes scientific results and community consultation (workshop). 100 questionnaire responses have been distributed to every household in Moonee Beach (as well as the General Store and Caravan Park. Stakeholders received a formal letter asking what they wanted to see incorporated. Councillor McKimm enquired as to the timeframe for the Final Management Plan. Philip Haines advised that it would be July/September 2004. Tony Blue suggested that we move forward with a model and look at amending the Moonee Release Area DCP to implement Water Sensitive Urban Design.

CEMAC29 RECOMMENDED (K Morrison/G Ashton) that in the light of the report by WBM Oceanics on stormwater quality modelling, the Committee recommends that development controls in the Moonee Release Area incorporate requirements for Water Sensitive Urban Design in all new developments.

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5. ARRAWARRA CREEK INTERIM ENTRANCE MANAGEMENT STRATEGY Robert Kasmarik advised that the Arrawarra Creek Interim Entrance Management Strategy was ready for adoption. David Greenhalgh advised that the concerns raised by Marine Park Authority had been sorted out.

CEMAC30 RECOMMENDED (D Greenhalgh/D Wallace) that it be recommended to Council that the Arrawarra Creek Interim Entrance Management Strategy be ADOPTED. 6. CAMPBELLS BEACH COASTLINE MANAGEMENT PLAN John Rowe updated the Committee on the progress of the Campbells Beach Coastline Management Plan, as follows: • Following changes to the Coastal Protection Act, approaches were made to

DIPNR to find out what requirements would need to be implemented. • It has been difficult to get a definite answer from DIPNR. In the absence of a

management plan there was a real danger that residents will dump rock and other objects if the houses become threatened.

• A proposal was put forward by Council for provision of a seawall made from geotextile bags.

• Following enquiries with DIPNR, the Department advised that they had concerns about geotextile bags as they had not been proven given that they were relatively new.

• DIPNR suggested that the Management Plan process be re-opened for those few properties affected. Even though this action extends the process, it is a positive step.

• Council has set aside some moneys and is seeking a grant from DIPNR. • Suggested meeting be held with owners of the four (4) residences,

Department of Infrastructure, Planning and Natural Resources and Council. • Suggest a specialist consultant be involved on design of sheetpile wall, block

wall etc. to produce a concept design and submit the proposal to the residents.

• The property which is for sale should have a notation so that it can be identified in 149 Certificate that it is within a Coastal Hazard Zone. It would then be up to a Solicitor to enquire further.

Graham Ashton left the meeting at 5.05pm.

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7. BONVILLE CREEK ESTUARY MANAGEMENT PLAN John Rowe advised that a decision had been made, due to the availability of people, to agree to extra costs claimed by the Consultants. A letter to Patterson, Britton & Partners has resulted in action being taken to proceed with the Plan. It was advised that Council would continue to press the consultants to finalise it so that the Management Plan could be placed on exhibition. 8. GENERAL BUSINESS • Kay Morrison advised that Craig Knowles had announced that he was

planning to disband Catchment Management Boards and create an establishment team as an interim body. She felt that the Committee should put forward suggestions that the Government should be assisting the process to establish Catchment Management Authorities to give models and monies for projects and to act, rather than to advise. She had heard that the number of authorities was being cut from 18 down to 8.

• Dee Wallace advised that a Support and Development Officer had been appointed with DIPNR for three months and suggested that he should be approached to get a Manual up and running for Hearnes Lake, Fiddaman Creek and Coffs Creek.

• Dee Wallace suggested that Lachlan Whetham, Coastcare Facilitator, be invited to be a member of this Committee.

The meeting concluded at 5.15pm. 8. NEXT MEETING The next meeting of the CEMAC will be held at 4.00pm on Tuesday, 3 February 2004.

agenda ordinary meeting 29 january 2004 - city of ......2004/01/29 · ordinary meeting on 29...

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