items for consideration of council

TWEED SHIRE COUNCIL MEETING HELD WEDNESDAY 1 SEPTEMBER 2004 ITEMS FOR CONSIDERATION OF COUNCIL: ITEM PRECIS PAGE

SCHEDULE OF OUTSTANDING RESOLUTIONS 7

Schedule of Outstanding Resolutions 7

MAYORAL MINUTE 11

Mayoral Minute 11

ITEMS DEFERRED 15

[ID] 3 [DS] Section 96 Application DA02/1422.18 for an Amendment to Development Consent DAj02/1422 for a 488 Lot Subdivision at Lot 194 DP 755701, Lot 301 DP 755701, Lot 312 DP 755701, Lot 490 DP 47021 & Lot 500 DP 727420, Tweed Coast Road, Kingscliff

15

REPORTS THROUGH THE GENERAL MANAGER 29

REPORTS FROM DIRECTOR PLANNING & ENVIRONMENT 29

1 [DS] Development Application DA02/1422.21 for an Amendment to Development Consent DA02/1422 for a 488 Lot Subdivision at Lot 194 DP 755701, Lot 301 DP 755701, Lot 312 DP 755701, Tweed Coast Road Kingscliff

31

2 [DS] Clearing of Trees 39

3 [DS] Development Application DA04/0533 for Extensions to Youth Club at Part Lot 1 DP 133066, Florence Street Tweed Heads

43

4 [DS] Development Consent S96/0135 for a 14 lot Subdivision at Lot 2 DP 811425, Coast Road East Side Bogangar Being the Parent Consent for Casuarina Beach and Associated Compensatory Habitat for the Common Blossom Bat

61

5 [DS] Tweed Local Environmental Plan 2000 - Proposed Amendment 1 Marie Street, Tweed Heads South

65

6 [DS] Building Line Variation - Lot 251 DP1015373 Daintree Close Banora Point

71

7 [DS] Development Application DA03/0995 for multi-dwelling housing comprising of 5 x 3 bedroom units at Lot 1 DP 213025, No. 2 Kingscliff Street, Kingscliff

81

THIS IS PAGE NO 3 OF THE MINUTES OF THE MEETING OF TWEED SHIRE COUNCIL HELD WEDNESDAY 1 SEPTEMBER 2004

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TWEED SHIRE COUNCIL MEETING HELD WEDNESDAY 1 SEPTEMBER 2004

REPORTS FROM EXECUTIVE MANAGER - OFFICE OF THE GENERAL MANAGER 111

8 [OGM] First Round Donations 2004/2005 - Donations Policy 111

9 [OGM] First Round Donations 2004/2005 - Festivals Policy 117

10 [OGM] 2004/2005 Financial Assistance Grant 121

REPORTS FROM DIRECTOR ENGINEERING AND OPERATIONS 125

11 [ES] Naming of Park - Dulguigan 125

12 [ES] Sub-Committees of Council: Clarrie Hall Dam Fishery Management Committee

137

13 [ES] Murwillumbah Town Clock 139

14 [ES] Byangum Bridge Removal 143

15 [ES] Acquisition of Land for Compensation Purposes - Lighthouse Parade, Fingal Head

147

16 [ES] New South Wales Coastline Cycleway Project 151

17 [ES] Cudgen Creek Pedestrian Bridge Options Report 155

18 [ES] Draft Tweed Shire Coastline Management Plan - Off-Leash Dog Exercise Areas

163

REPORTS FROM DIRECTOR ENVIRONMENT & COMMUNITY 167

19 [EC] Council Staff Workshop with Senior Regional Representatives of the Department of Ageing, Disability and Home Care

167

20 [EC] Tweed River Regional Museum 169

21 [EC] Banora Point Community Centre - Project Budget 171

REPORTS FROM SUB-COMMITTEES/WORKING GROUPS 173

[LTC] Minutes of the Local Traffic Committee Meeting held Thursday 19 August 2004

173

Minutes Circulated with this Agenda not Requiring Council Resolution 188

ORDERS OF THE DAY 189

1 [NOM] Street Lighting of Footpaths 189

2 [NOM] Moratorium of Fines in DCP5 Areas 189


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CONFIDENTIAL MATTERS 191

REPORTS THROUGH GENERAL MANAGER IN COMMITTEE 191

REPORTS FROM DIRECTOR PLANNING & ENVIRONMENT IN COMMITTEE 191

1 [DS] Development Application D95/0442.01 for an amendment to Development Consent D95/0442 for manufactured home estate at Lot 180 DP 850476, No. 173 Chinderah Road Chinderah

191

REPORTS FROM DIRECTOR ENGINEERING AND OPERATIONS IN COMMITTEE 191

2 [ES] Contract EC2003-132 Leisure Drive / Eucalyptus Drive Upgrade 191


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SCHEDULE OF OUTSTANDING RESOLUTIONS

Schedule of Outstanding Resolutions FOR COUNCILLOR'S INFORMATION:

17 March 2004 REPORT FROM DIRECTOR ENGINEERING SERVICES 21 [ES] Proposed Water Reservoirs Adjacent to Koala Beach Estate 202 Councillor H James Councillor B M Luff

RESOLVED that Council investigates the further option of constructing the proposed Reservoir at a location on the Mooball-Pottsville Road.

Current Status: Reassessing technical aspects including alternative sites.

16 June 2004 REPORT FROM DIRECTOR PLANNING & ENVIRONMENT 8 [DS] Draft Development Control Plan No 50 - Bogangar/Cabarita Beach

Locality Plan 432 Councillor M R Boyd Councillor S M Dale

RESOLVED that this item be deferred.

Current Status: Meeting to be arranged.



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21 July 2004 ORDERS OF THE DAY 1 [NOM] Compulsory Desexing NOTICE OF MOTION: 523 Cr D M Holdom Cr B J Carroll

RESOLVED that Council officers bring forward a report on the opportunity for Council to introduce compulsory desexing of animals sold from Council's dog and cat pound.

Current Status: Report being prepared.

4 August 2004 REPORTS FROM DIRECTOR ENGINEERING & OPERATIONS 19 [ES] Draft Development Control Plan No. 5 - Development of Flood Liable Land 1 Cr G J Lawrie Cr J F Murray

RESOLVED that this matter be deferred for a further Workshop.

Current Status: Workshop held 25 August 2004 - further report being prepared.



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2 [NOM] Section 149 Certificates NOTICE OF MOTION: 2 Cr G J Lawrie Cr L F Beck

RESOLVED that a report be prepared on "puting in place" a procedure for the processing of URGENT applications for S149 Certificates to be made available to the applicant within, say, two (2) hours of lodgement of the application and appropriate fee, in lieu of the current forty-eight (48) hours.

Current Status: Report to be prepared.

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3 [NOM] Grey Water Reuse NOTICE OF MOTION: 3 Cr G J Lawrie Cr L F Beck

RESOLVED that a report be brought forward about the feasibility/possible incentive(s) for encouraging ratepayers to collect and divert household grey water for garden use in lieu of entering the sewerage system.


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5 [NOM] Old Tweed River Art Gallery Site NOTICE OF MOTION: 4 Cr G J Lawrie Cr R D Brinsmead

RESOLVED that a report be prepared on possible uses after June 2005 for the old Art Gallery in Tumbulgum Road and that the public be invited to have input into the future use of the building.



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————————————— ITEMS DEFERRED IN COMMITTEE [ID][DS] Application to Modify Development Consent 98/79 Involving Unauthorised Enclosed of Ground Floor of Dwelling in a Flood Prone Area REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 10A(2)(g) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

C 123 RESOLUTION:

That this matter be deferred following the DCP Workshop and after a decision has been made on the DCP.

Current Status: Workshop held 25 August 2004 - report now awaiting further

decision on DCP.

18 August 2004 ITEMS DEFERRED IN COMMITTEE [ID] [DS] Development Application DA03/1038 for a 7 Lot Subdivision at Lot 121 DP 755701 No 50 Chinderah Bay Drive, Chinderah 5 RESOLUTION: Cr H James Cr M R Boyd

RESOLVED that this item be further deferred. FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr Beck

Current Status: Amended plan received. Further report currently being prepared.



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MAYORAL MINUTE

Mayoral Minute Councillors, 1. Tweed Futures Steering Committee Meeting 19 August – attended meeting of Tweed Futures Steering Committee

2. Greenmount Timber Building Supplies 20 August – attended opening of Greenmount Timber Building Supplies

3. Resort Corp 20 August – attended media liaison meeting at Resort Corp, Cabarita

4. Banana Festival Presentation 21 August – attended presentation at Banana Festival Ball, Murwillumbah

5. Sports Advisory Committee 23 August – attended Sports Field Bus Tour

6. Tweed Heads Early Childhood Intervention 24 August – attended meeting at Tweed Heads Early Childhood Intervention

7. Chinderah Bay Marina 25 August – meeting with Director of proposed Chinderah Bay Marina Development 8. Tweed Heads Self Funded Retirees 14/21 October – Cr Warren Polglase advises that Tweed Heads Self Funded Retirees Group are currently arranging their own bus tour of the Shire and have requested a



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Council Engineer and Planner be made available for either of these dates. They plan to have lunch at the Pottsville Environment Centre.

INVITATIONS ACCEPTED:

26 August – Lot 490 Steering Committee meeting 26 August – NSW Fire Brigade “SABRE” presentation to Tweed Shire Council 27 August – TEDC Board meeting 27 August – CBD Masterplan - launch by Diane Beamer 27 August – Lindisfarne “World of Business Luncheon” at Banora Point 29 August – Volunteer Marine Charity Golf Day, Murwillumbah 30 August – Tweed Hospital Medical Oncology Unit opening of new extension 1 September – Murwillumbah Legacy Week laying of wreath 2 September – Tweed Futures Steering Committee meeting 2 September – Art Gallery Advisory Committee meeting 2 September – Murwillumbah Arts Festival Awards Concert 3 September – TSC Garden Competition Judging 3 September – Meeting with Gold Coast Council Water Management Committee 4 September – Point Danger Volunteer Marine Rescue Annual General Meeting 5 September - Rats of Tobruk Association GC Dedication of Tobruk Memorial 8 September – Official Opening of Lindisfarne School Buildings 9 September – NRACC Meeting – Ballina 10 September – Murwillumbah Museum Building Inaugural Dinner 11 September – Murwillumbah South Infants School 50th Jubilee Celebrations 12 September – Opening of Centrelink Call Centre 12 September – Murwillumbah Meals on Wheels Annual General Meeting

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INFORMATION ON CONFERENCES TO BE HELD - Councillors to advise Mayoral Assistant, Jan Green, if they wish to attend and/or require further details: 7th International River Symposium, Brisbane

31 August – 3 September 2004 – River Festival Symposium Conference entitled “Threats to sustainable river systems – beating the odds”. Cr Henry James will attend on behalf of Council. Local Government Association NSW Planning Reform Workshop,

Masonic Centre, Sydney 30-31 August 2004 - LGA Planning Reform Workshop Masonic Centre, Sydney. Department of Infrastructure, Planning and Natural Resources (DIPNR) will present their latest planning reforms to local government. 2004 Local Government Road Safety Conference, Crowne Plaza, Parramatta

7-9 September 2004 – Local Government Road Safety Conference entitled Our Business, Everyone’s Responsibility Conference for professionals with an interest in road safety, to develop their knowledge and expertise for the coming decade.



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Regional Investment Workshop for the Forest and Wood Products Industry of

North East NSW – Grafton 20 September 2004 – Forest and Wood Products Workshop to identify co-operative activities that governments and industry could pursue to support the forest and wood products industry in NE NSW. Waste 2004 Conference and Trade Exhibition – Opal Cove Resort,

Coffs Harbour 22-24 September 2004 - hosted by Coffs Harbour City Council the conference theme is “Working Together for Better Resource Management”.

17th Annual NSW Local Government Aboriginal Network Conference, Max Centre, Moree 26-29 September 2004 hosted by Moree Plains Shire Council the conference will cover Health & Welfare, Community & Youth Issues. Russell Logan and Lesley Mye will attend on behalf of Council.

Community Economic Development Conference 2004 – Central Coast Leagues

Club, Gosford 17-19 October 2004 hosted by the NSW Department of State and Regional Development, the conference theme is “Building Capacity in Communities.



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ITEMS DEFERRED

[ID] 3 [DS] Section 96 Application DA02/1422.18 for an Amendment to Development Consent DAj02/1422 for a 488 Lot Subdivision at Lot 194 DP 755701, Lot 301 DP 755701, Lot 312 DP 755701, Lot 490 DP 47021 & Lot 500 DP 727420, Tweed Coast Road, Kingscliff

THIS REPORT IS THE SUBJECT OF A FURTHER REPORT AT ITEM 1 OF THIS AGENDA ITEM DEFERRED FROM MEETING HELD:

4 August 2004 Cr M R Boyd Cr G B Bell

RESOLVED that this item be deferred for a further report to Council. FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr Beck ORIGIN:

Development Assessment FILE NO: DA02/1422 Pt26 SUMMARY OF REPORT:

Council has received an Section 96 amended application for the Salt subdivision development. The main component of the amended application involves modifying the masterplan and subdivision plans by deletion of medium density sites and replacing them with standard residential lots. The proposed amendments result in an additional 121 residential lots and 124 less medium density dwellings. The other amendments relate to dual occupancy site nomination, setbacks, bushfire and the ongoing demonstration of the ratio of resort rooms to residential lots. Council’s legal advice and the applicants report and legal advice in support of the application are provided in the attachments. Council's legal advice is that the Section 96 planning mechanism is not appropriate to amend the Masterplan. The alternate course of action for the applicant is to lodge a fresh masterplan and development application for the proposal with the Department of Infrastructure Planning



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and Natural Resources (DIPNR). DIPNR would be the consent authority under the provisions of State Environmental Planning Policy No.71 Coastal Protection. In view of the significance of the Salt development to the Tweed the facts of the proposed amendment are submitted for Council's consideration. RECOMMENDATION:

That:- A. Section 96 Application DA02/1422.18 for an amendment to Development

Consent DA02/1422 for a 488 lot subdivision at Lot 194 DP 755701, Lot 301 DP 755701, Lot 312 DP 755701, Lot 490 DP 47021 & Lot 500 DP 727420, Tweed Coast Road, Kingscliff be approved subject to the following amended conditions: -

1. Condition No. 12 - Delete

2. Condition No. 99 to read-

99. The creation of easements for services, rights of carriageway and

restrictions as to user as may be applicable under Section 88B of the Conveyancing Act including the following: i. Easements for sewer, water supply and drainage over ALL

services on private property. ii. A restriction as to user requiring that all roofwater from buildings or

structures shall be discharged to an approved infiltration pit located on the subject property. The infiltration pit shall be approved by the Principal Certifying Authority.

iii. A right of carriageway shall be registered over the private portion of the car park located within lot 170 as shown on Plan No. 8145-35 prepared by Michel Group Services and dated 8th April 2003.

iv. Provision of building setbacks of 3m from the 7(f) zone boundary to the outermost projection of structures excluding proposed Lot 170 and 172. Structures other than the main dwelling shall comply with the setback requirements and other design standards contained in Part 2 Clause 13(f) of the Draft Section 88B Instrument.

v. A public right of access of sufficient width to accommodate a 7m wide vehicular carriageway and an additional 2m wide cycleway. The public access shall extend from the southern boundary of Road No. 8 to the northern boundary of Road 25. The terms of this right of public access shall be as follows: - i. Members of the public may by any means enter upon and

pass the lot burdened within site of this easement with or without animals and with or without vehicles.

ii. The owner of the lot burdened must not erect over the site of



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this easement any fence, gate or other obstruction or do anything else which interferes with use of this easement by the members of the public.

iii. The owner of the lot burdened shall maintain the site of this easement at its own cost to a standard whereby it remains safe at all times for members of the public to enter upon and pass with or without animals or with or without vehicles within site of this easement.

Pursuant to Section 88BA of the Conveyancing Act (as amended) the Instrument creating the right of carriageway/easement to drain water shall make provision for maintenance of the right of carriageway/easement by the owners from time to time of the land benefited and burdened and are to share costs equally or proportionally on an equitable basis. Any Section 88B Instrument creating restrictions as to user, rights of carriageway or easements which benefit Council shall contain a provision enabling such restrictions, easements or rights of way to be revoked, varied or modified only with the consent of Council.

3. Condition No. 115 - Delete

4. Condition No. 127 - Part (a) of Stage 2 (open space) to read -

Drainage Works in Public Open Space on Stage 2 (a) The configuration of drainage works (location, whether surface or

underground, levels, footprint, surface finish, bank slopes etc.) within proposed Pocket Park 126.5 and the open space lot 221 must be compatible with the proposed dual open space/drainage landuse. In this regard the written agreement of the Manager Recreation Services to the configuration of drainage works must accompany a construction certificate application for works associated with Stage 2.

5. General Terms of Approval under Section 100B of the Rural Fires Act

1997

Condition 7 to read-

7. All fencing in the residential and commercial areas of the subdivision which abut bushfire hazard areas or that are contained within Asset Protection Zones on the perimeter of the site shall be constructed in non-combustible materials. In this instance either masonry or colorbond type fences will be acceptable and should be provided to areas as required in the above consent item.

B. Council seeks approval from the Department of Infrastructure, Planning and Natural

Resources for delegation to Council to deal with a Development Application for the proposed amendments to the Salt Masterplan and conditions.



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REPORT:

Applicant: Ray Group Pty Ltd Owner: South Kingscliff Developments Pty Ltd, Tweed Shire Council and

Conservation & Land Management Location: Lot 194 DP 755701, Lot 301 DP 755701, Lot 312 DP 755701, Lot 490 DP

47021 & Lot 500 DP 727420 Tweed Coast Road, Kingscliff Zoning: 2(f) Tourism Cost: Nil BACKGROUND: The Salt development consists of a mix of residential lots medium density development and tourist resort accommodation. The currently approved breakdown of lots and uses is as follows- Residential lots 453 Medium density sites 10 consisting of 202 dwellings Tourist Resort sites 2 consisting of 664 rooms Parks/miscellaneous 23 Total lots 488 The proposed amended breakdown is as follows- Residential lots 531 Medium density sites 2 consisting of 60 dwellings Tourist Resort sites 2 consisting of 664 rooms Parks/miscellaneous 24 Total lots 559 The additional residential lots are achieved by replacing eight of the medium density sites with standard residential lots. The additional miscellaneous lot is proposed for a LPG gas tank site. A separate development application has been lodged for the tank site which consists of an underground tank and compound. The proposal is to supply reticulated gas to the Salt development. The original breakdown is as follows- Residential lots 410 Medium density/duplex sites 34 consisting of 202 dwellings Tourist Resort sites 5 consisting of 614 rooms Parks/miscellaneous 24 Total 473 The original consent was amended in March 2004 to consolidate the tourist sites and the medium density sites as per the current approved breakdown above.



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It should also be noted that when considering a S.96 amended application it must be assessed against the original development consent and not any subsequent amendments. In this case the current s.96 amendment is required to be assessed and compared to the original consent. The key criteria is that Council must be satisfied that the development is substantially the same as originally approved The main issue regarding the proposed amendment is that there are an additional 121 residential lots to that originally approved and 142 less medium density/duplex dwellings. Council’s legal advice points out that the original development application with the master plan was fundamental to the approval and the change from medium density lots to single residential lots cannot be considered to maintain substantially the same development as approved. The proponents put forward that the proposal can be considered as a section 96 because-

• The proposal as modified is still for a mixed residential/tourist development; • The basic road layouts have not changed significantly; • The basic open space layout and areas have not significantly changed; • The proposed changed to the mix and distribution of tourist/resort sites and

medium density sites is, at a master planning level, of no planning consequence;

• The variation in the total number of lots and total yield from the site is numerically immaterial and does not give rise to any significant environmental impacts.

There have been a number of submissions to Council on this and other approved developments in the Shire using the Section 96 mechanism. There are subjective tests to be considered when a Section 96 application is lodged with Council. The alternative to a Section 96 application is the lodgement of a new development application. Developers in the Tweed and in other Council's subject to the SEPP71 planning legislation are generally reluctant to submit a new development application because of the extensive delays being experienced where the State Government is assessing development applications. Some development applications being processed by the State Government under the SEPP71 legislation are taking up to 2 years to obtain approval. The Salt development has been controversial with some sections of the community and on this basis the proposed Section 96 planning mechanism to amend the Salt Masterplan was forwarded to Council's solicitors for advice. Council's solicitors have advised that the Section 96 planning mechanism is not appropriate in this instance, however, they also concurred with the applicants barrister that Council can take a different view on the facts of the application and approve the application.



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The issue is a difficult one in that the advice provided by Council's solicitors is normally followed rather than the advice submitted by the applicant for development proposals. In this instance there is unlikely to be many objections to the proposed change from medium density development to single dwelling allotments particularly given there is not a significant change in the overall population density of the development. The point being that if a new development application was lodged for the changes now being sought it is considered that it would be recommended for approval. The applicants concern that any new development application has to be referred to the State Government for approval with substantial inherent delays is not a valid planning consideration. Nevertheless, the Salt development is a major development with significant tourist implications for the Shire. Council needs to consider the facts of this application and resolve accordingly. Other proposed amendments. Condition 12 Condition 12 relates to dual occupancy site nomination on the master plan. The dual occupancy sites were removed from the master plan in the previous modification and the condition should have been deleted at the point. No objection is raised to the deletion of the condition. Condition 99 Condition 99 relates to easements and title restrictions. The proponents wish to amend part (iv) and add a part (vi) to the condition. Part (iv) regulates the rear setback for the beachfront lots. A setback of 3 metres is required. The amendment involves permitting decks and pool edges to within 1.2 metres of the rear boundary and controlling the height to 1.2 metres above the batter slope at any one point and restricting works to 50% of the width of the lot. It is considered that the amendment is acceptable. Dwellings will be at least setback to the top of the batter and low ancillary structures will be setback 1.2 metres from the rear boundary. The proposed ancillary structures and controls will minimise the impact on the adjoining beachfront reserve. Proposed Part (vi) Lots 359 to 372 and lots 458 and 459 adjoin the southern boundary of the site. A ten metre wide building exclusion zone exists on the rear of these lots for bushfire protection purposes. The proponents wish to reduce the building from 6 metres to 4 metres on these lots to enable an adequate building envelope and to avoid having to apply for building line variations for each site.



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It is considered that there is adequate area available for a building envelope within the 10 metre rear restriction and the 6 metre building line. The allotments are 35 meters approx. deep and 15m wide which leaves 19 metres of depth for a dwelling. Whilst splayed, lots 458 and 459 are up to 39 metres deep. DCP-16 indicates that building envelopes for a 450m2 block should be at least 10mx15m. It is considered that there is suitable area within the lots for dwellings. In additional to the above the proposed title restriction would not prevent the requirement to seek individual building line variations as a section 88B instrument could not replace Council’s Building Line Policy. In this case any building line variations should be considered on merit when and if an application is made. It should also be noted that the bushfire hazard may only be temporary given that the potential development of the Seaside City Estate may remove the hazard. The addition to condition 99 is not supported. Condition 115 The Tweed LEP requires that the number of tourist units/rooms exceed the number of dwellings in the SALT development. Condition 115 seeks to regulate the number of lots released compared to the number of resort units/rooms constructed. The applicant has provided the following justification for deletion of the condition-

"The Salt development site is the subject of special development provisions as specified in Schedule 3 of Tweed LEP 2000. The relevant Schedule 3 provision is stated as follows:

“(1) An application made pursuant to this item must not be granted unless the consent authority is satisfied that the development, whether or not to be carried out in stages, will include a hotel, motel or tourist resort as the primary development and the number of units/rooms in that hotel, motel or tourist resort will at all times exceed the number of dwellings or dwelling houses included in the completed development.”

Condition 115 of Consent 02/1422 is drafted to relate to the LEP 2000 Schedule 3 provision and is in the following terms:

“115. Prior to the issue of each subdivision certificate for each stage, the applicant shall provide evidence that the total number of resort rooms substantially commenced exceeds the total number of dwellings capable of being erected at the release of the subject stage. For the purpose of satisfying Council that the resort rooms have been substantially commenced at least 50% of construction works will need to have been completed.”



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Given the current status of work completed on the subdivision and the approved tourist resorts, it has been established that Condition 115 of the consent will stall the residential component of the development at Stage 4(a) until the Peppers Resort can be 50% constructed. This is considered to be unreasonable for the following reasons: 1. The residential component of the project is the financially successful part of

the project and as such financially allows the development of the Tourist Resorts which are not viable in their own right as was proven to the previous Director of Planning at Tweed Shire Council, Mr David Broyd , as part of the development application process.

2. Receipt of funds from the sale of land is necessary to fund the construction of

the resorts. 3. All of the proposed 664 tourist resort rooms are to be provided in two quality

major resorts which require significant expenditure and greater construction time to achieve 50% completion.

4. Building two quality major resorts reduces the “staging” relationship with the

completion of the residential subdivision works and release of staged subdivision certificates.

5. The Peppers Resort development application was lodged with the Minister as

required by SEPP 71, which has resulted in significant delays and holding costs for the Peppers Resort.

6. Condition 115 as it currently stands requires 50% completion of both the

Outrigger and Peppers Resorts prior to the release of a subdivision certificate for any stage beyond Stage 4(a).

7. The Outrigger Resort will be 100% complete prior to the Peppers resort

achieving 50% completion; 8. Appropriate measures are now in place to ensure compliance with Condition 1

of Tweed LEP 2000 Schedule 3, described as follows:

- Construction of the 318 room Outrigger Resort is 60% complete and is due to open for Christmas 2004.

- Construction of the 346 Peppers Resort is ensured by the Development

Approval granted on 3 May 2004, the construction contract now executed with Barclay Mowlem Constructions Ltd for the entire construction of the Peppers Resort, construction funding in place with Capital Finance Australia Ltd, Tweed Council issuing the construction certificate for the Peppers basement construction works, site works have commenced on the Peppers site, and the arrangements in place for Peppers Resorts Aust Pty Ltd. to manage the Peppers Resort.



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9. Condition 115 is unreasonably preventing the settlement of approximately 107

residential allotments in stages 2A , 4A ,5A , 6 and 7A1 ( based on the latest master plan ) which will be completed prior to the 50% completion of the Peppers Resort.

10. Even after these 107 lots are delivered and settled , it should be noted that the

remaining 122 residential lots in stages 7 and 8 will not be delivered and settled until the Peppers Resort is more substantially completed because these final stages are controlled by the sand pumping earthworks fill operations which are planned to occur between Sept 2004 and late 2005 , which gives Council more comfort that the resort component of the project will be substantially completed before the total residential component is completed.

11. If subdivision work is stalled at Stage 4(a) then approximately 110

construction jobs will be affected with possible unexpected social implications related to a split in the construction programme.

Notwithstanding all of the above points, it is considered that the existing master plan approval and the statutory planning controls of Tweed LEP 2000 - Schedule 3 are sufficient to ensure that development of the site must contain an additional resort. In relation to the release of subdivision certificates, it is considered to be of little significance whether the resorts are operational or not. At all times the number of designated rooms within the two resorts will easily exceed the number of dwellings or dwelling houses to be included in the completed development. Accordingly, to ensure that the project is permitted to proceed with minimal unnecessary economic and social cost and to demonstrate commitment to completion of the resorts, it is requested that Condition 115 of the development consent be deleted because in essence it has been complied with given the current status of commitment to construction of the two major resorts."

The implication for removing the condition is that the number of lots could potentially exceed the number of tourist units/rooms if the resort developments are not completed. If this was to occur the LEP would not be complied with. It is considered that given the stage that the development is up to and that the construction of the tourist resorts is well advanced the chance of this occurring is remote. Deletion of condition 115 is supported.



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Condition 127 Condition 127 relates to drainage. Part of the condition relates to the open space lots in stage 2 which has been referenced by lot 224. This lot has been incorporated into a larger open space lot now referenced as lot 221. The proposal seeks to update the lot number. No objection is raised to amending condition 127. Condition 7 of the General Terms and Conditions under the Rural Fires Act. Condition 7 under the Rural Fires Act relates to fencing within the SALT development. The applicant provides the following justification for the proposed amendment: -

Condition 7 is in the following terms: -

"7. All fencing in the residential and commercial areas of the subdivision shall be constructed in non-combustible materials."

The SALT site has been cleared and does not contain any bushfire hazard areas. It should be noted that the new Bushfire Hazard Maps approved by the commissioner of the Rural Fire Service in March 2004 does not map the SALT site as bushfire prone land. Adjoining vegetated land is mapped. This condition is therefore manifestly unreasonable and inappropriate as there is no risk to properties other than perhaps those immediately abutting the hazards on adjoining land."

This condition should therefore only apply to the perimeter of the site adjacent to potential bush fire hazard areas. Modification of the condition is therefore proposed as follows: -

7. All fencing in the residential and commercial areas of the

subdivision which abut bushfire hazard areas or that are contained in Asset Protection Zones on the perimeter of the site shall be constructed in non-combustible materials.”

The amendment was referred to the Rural Fire Service and they have agreed to the amendment and have added construction materials to the above condition. Amendment of the condition is supported.



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CONSIDERATIONS UNDER SECTION 79C OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979: (a) (i) The provisions of any environmental planning instrument

Tweed Local Environmental Plan 2000 The provisions of the Tweed LEP are complied with as result of the amendments. North Coast Regional Environmental Plan 1988 The provisions of the REP are not affected as a result of the amendments. State Environmental Planning Policies The amendments do affect any SEPP.

(a) (ii) The Provisions of any Draft Environmental Planning Instruments

None applicable (a) (iii) Development Control Plans (DCP’s)

There are no DCP’s affected.

(a) (iv) Any Matters Prescribed by the Regulations

The amendments do not affect the application or assessment of the prescribed matters.

(b) The likely impacts of the development and the environmental impacts on

both the natural and built environments and social and economic impacts in the locality

The proposed amendments would not have a significant impact on the environment.

(c) Suitability of the site for the development

The site is suitable for the development. (d) Any submissions made in accordance with the Act or Regulations

The application was advertised and no submissions were received.



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(e) Public interest

Whilst the alternative for the applicants is to lodge an application and master plan with DIPNR for the modified development which is likely to produce unsatisfactory delays is not desirable Council’s legal advice is that this process should be followed. The potential delay to the Salt development has significant implications for the Shire.

OPTIONS: 1. Approve all of the requested amendments subject to conditions. 2. Refuse all of the requested amendments on the basis that the proposed changes

need to be advertised as a new development application. 3. Resolve to approve some of the requested amendments and facilitate the Salt

development by seeking approval from DIPNR for Council to process the development application by delegation. The basis for seeking exemption from the DIPNR process being the applicants need for the Salt development to be completed to a stage sufficient for the coming peak tourist season and that all the State Government issues associated with the development have already been comprehensively addressed.

Option 3 is recommended. If option 1 was resolved various procedural amendments to conditions would be required, eg. plan numbers, lot numbers and contributions and this could be processed under delegated authority. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil. CONCLUSION: The Salt development is a major development with significant tourist implications for the Shire. Council needs to consider the proposed amendments based on the facts of the application.



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UNDER SEPARATE COVER:

1. Council’s legal advice 2. DAC Consulting submission 3. Proponents legal advice



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REPORTS THROUGH THE GENERAL MANAGER

REPORTS FROM DIRECTOR PLANNING & ENVIRONMENT

MATTERS FOR CONSIDERATION UNDER SECTION 79(C)(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 The following are the matters Council is required to take into consideration under Section 90 of the Environmental Planning and Assessment Act 1979 in assessing a development application. MATTERS FOR CONSIDERATION 1. In determining a development application, a consent authority shall take into

consideration such of the following matters as are of relevance to the development the subject of that development application:

(a) the provisions of

(i) any environmental planning instrument; and (ii) any draft environmental planning instrument that is or has been

placed on exhibition and details of which have been notified to the consent authority, and

(iii) any development control plan, and (iv) any matters prescribed by the regulations,

that apply to the land to which the development application relates,

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

both the natural and built environments, and social and economic impacts of the locality,

(c) the suitability of the site for the development,

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

(e) the public interest.



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1 [DS] Development Application DA02/1422.21 for an Amendment to Development Consent DA02/1422 for a 488 Lot Subdivision at Lot 194 DP 755701, Lot 301 DP 755701, Lot 312 DP 755701, Tweed Coast Road Kingscliff

ORIGIN:


Council has received an amended application for the SALT development requesting deletion of condition 115. The condition relates to the ratio of resort rooms substantially completed compared to the number of lots released at each stage. The purpose of the condition was to ensure that the tourist component of the development was fulfilled at an acceptable rate compared to the residential component. The proponents contend that maintaining the condition at this stage of the development is unreasonable as the development will stall at stage 4a until the second tourist resort (Peppers) is 50% constructed. RECOMMENDATION:

That Development Application DA02/1422.21 for an amendment to development consent DA02/1422 for a 488 lot subdivision at Lot 194 DP 755701, Lot 301 DP 755701, Lot 312 DP 755701, Tweed Coast Road Kingscliff be approved subject to the following : -

1. Deletion of condition 115.



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REPORT:

Applicant: Ray Group Pty Ltd Owner: South Kingscliff Developments Pty Ltd Location: Lot 194 DP 755701, Lot 301 DP 755701, Lot 312 DP 755701, Tweed

Coast Road, Kingscliff Zoning: 2(f) Tourism BACKGROUND: Council resolved to defer consideration of a S.96 amended application for the Salt development on 18 August 2004 at the request of the applicant. Two S.96 applications have been lodged with Council for the Salt development. The first application seeks modifications to the master plan and subdivision and several conditions and the other is the deletion of condition 115. The report deferred by Council on 18 August 2004 included both S.96 requests however the applicant now wishes to have the applications considered separately as they are considering their options regarding amendments to the master plan and subdivision. Condition 115 The Tweed LEP requires that the number of tourist units/rooms exceed the number of dwellings in the SALT development. Condition 115 seeks to regulate the number of lots released compared to the number of resort units/rooms constructed. The current approved ratio is 655 lots/dwellings and 664 units/rooms. It is not proposed to alter this ratio with this amendment. The applicant has provided the following justification for deletion of the condition-

"The Salt development site is the subject of special development provisions as specified in Schedule 3 of Tweed LEP 2000. The relevant Schedule 3 provision is stated as follows:

“(1) An application made pursuant to this item must not be granted unless the consent authority is satisfied that the development, whether or not to be carried out in stages, will include a hotel, motel or tourist resort as the primary development and the number of units/rooms in that hotel, motel or tourist resort will at all times exceed the number of dwellings or dwelling houses included in the completed development.”

Condition 115 of Consent 02/1422 is drafted to relate to the LEP 2000 Schedule 3 provision and is in the following terms:

“115. Prior to the issue of each subdivision certificate for each stage, the applicant shall provide evidence that the total number of resort rooms



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substantially commenced exceeds the total number of dwellings capable of being erected at the release of the subject stage. For the purpose of satisfying Council that the resort rooms have been substantially commenced at least 50% of construction works will need to have been completed.”

Given the current status of work completed on the subdivision and the approved tourist resorts, it has been established that Condition 115 of the consent will stall the residential component of the development at Stage 4(a) until the Peppers Resort can be 50% constructed. This is considered to be unreasonable for the following reasons: 1. The residential component of the project is the financially successful part of

the project and as such financially allows the development of the Tourist Resorts which are not viable in their own right as was proven to the previous Director of Planning at Tweed Shire Council, Mr David Broyd , as part of the development application process.

2. Receipt of funds from the sale of land is necessary to fund the construction of

the resorts. 3. All of the proposed 664 tourist resort rooms are to be provided in two quality

major resorts which require significant expenditure and greater construction time to achieve 50% completion.

4. Building two quality major resorts reduces the “staging” relationship with the

completion of the residential subdivision works and release of staged subdivision certificates.

5. The Peppers Resort development application was lodged with the Minister as

required by SEPP 71, which has resulted in significant delays and holding costs for the Peppers Resort.

6. Condition 115 as it currently stands requires 50% completion of both the

Outrigger and Peppers Resorts prior to the release of a subdivision certificate for any stage beyond Stage 4(a).

7. The Outrigger Resort will be 100% complete prior to the Peppers resort

achieving 50% completion; 8. Appropriate measures are now in place to ensure compliance with Condition 1

of Tweed LEP 2000 Schedule 3, described as follows:

- Construction of the 318 room Outrigger Resort is 60% complete and is due to open for Christmas 2004.

- Construction of the 346 Peppers Resort is ensured by the Development

Approval granted on 3 May 2004, the construction contract now



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executed with Barclay Mowlem Constructions Ltd for the entire construction of the Peppers Resort, construction funding in place with Capital Finance Australia Ltd, Tweed Council issuing the construction certificate for the Peppers basement construction works, site works have commenced on the Peppers site, and the arrangements in place for Peppers Resorts Aust Pty Ltd. to manage the Peppers Resort.

9. Condition 115 is unreasonably preventing the settlement of approximately 107

residential allotments in stages 2A , 4A ,5A , 6 and 7A1 ( based on the latest master plan ) which will be completed prior to the 50% completion of the Peppers Resort.

10. Even after these 107 lots are delivered and settled , it should be noted that the

remaining 122 residential lots in stages 7 and 8 will not be delivered and settled until the Peppers Resort is more substantially completed because these final stages are controlled by the sand pumping earthworks fill operations which are planned to occur between Sept 2004 and late 2005 , which gives Council more comfort that the resort component of the project will be substantially completed before the total residential component is completed.

11. If subdivision work is stalled at Stage 4(a) then approximately 110

construction jobs will be affected with possible unexpected social implications related to a split in the construction programme.

Notwithstanding all of the above points, it is considered that the existing master plan approval and the statutory planning controls of Tweed LEP 2000 - Schedule 3 are sufficient to ensure that development of the site must contain an additional resort. In relation to the release of subdivision certificates, it is considered to be of little significance whether the resorts are operational or not. At all times the number of designated rooms within the two resorts will easily exceed the number of dwellings or dwelling houses to be included in the completed development. Accordingly, to ensure that the project is permitted to proceed with minimal unnecessary economic and social cost and to demonstrate commitment to completion of the resorts, it is requested that Condition 115 of the development consent be deleted because in essence it has been complied with given the current status of commitment to construction of the two major resorts."

The implication for removing the condition is that the number of lots could potentially exceed the number of tourist units/rooms if the resort developments are not completed. If this was to occur the LEP would not be complied with. It is considered that given the stage that the development is up to and that the construction of the tourist resorts is well advanced the chance of this occurring is remote. Deletion of condition 115 is supported.



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SITE DIAGRAM:



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Tweed Local Environmental Plan 2000 The provisions of the Tweed LEP are complied with as result of the amendments. North Coast Regional Environmental Plan 1988 The provisions of the REP are not affected as a result of the amendments. State Environmental Planning Policies The amendments do affect any SEPP.


None applicable (a) (iii) Development Control Plans (DCP’s)

There are no DCP’s affected.


The amendments do not affect the application or assessment of the prescribed matters.

(b) The likely impacts of the development and the environmental impacts on

both the natural and built environments and social and economic impacts in the locality

The proposed amendments would not have a significant impact on the environment.


The site is suitable for the development. (d) Any submissions made in accordance with the Act or Regulations

The application was advertised and no submissions were received.



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(e) Public interest

The proposal is not contrary to the public interest. OPTIONS: 1. Approve the amendment as per the recommendation. 2. Refuse the amended application. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: The applicants have a right of appeal in the Land and Environment Court if they are not satisfied with the determination. POLICY IMPLICATIONS: Nil. CONCLUSION: It is considered that the deletion of the condition is acceptable given the progress of the construction of the two resorts within the Salt development. UNDER SEPARATE COVER:

Nil.



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2 [DS] Clearing of Trees ORIGIN:

Development Assessment SUMMARY OF REPORT:

At Council meeting on 21 July 2004, Cr Brinsmead asked if Council was aware if some residents along Bakers Road, Dallas Park had cleared trees and was their any risk to river bank stability. The entire bank was inspected (map attached) and no evidence of tree removal was apparent along the riverbank. There was some damage caused by natural bank erosion which is more fully explained in the report. RECOMMENDATION:

That this report be received and noted.



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REPORT:

The riverbank was inspected in company of a local resident (map attached) and no particular evidence of tree removal was apparent. Two mature Camphor Laurel trees had fallen into the river due to bank erosion. This had occurred through natural causes through river flows and there was no evidence of any cutting or poisoning of trees by human intervention. Bruce Hungerford from DIPNR had apparently met with the local resident who was present at the inspection shortly after the collapse of the bank and agreed that it was caused by natural river erosion (Mr Hungerford has since retired from DIPNR). At the south western end of the riverbank, it appears a tree has been sawn up recently, but it was already a ‘burned out’ stump from a fire some time ago. There was no significant erosion on the riverbank and no evidence of any tree removal near the river. If any trees had been removed up on the hill top nearer the houses, they were on private land and not visible from the public reserve along the river walk. There is no TPO in force over this area.



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SITE DIAGRAM:



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3 [DS] Development Application DA04/0533 for Extensions to Youth Club at Part Lot 1 DP 133066, Florence Street Tweed Heads

ORIGIN:


Council is in receipt of a development application for extensions to the Police Youth Club at Florence Street Tweed Heads. The proposed extensions to the club are single storey and located over the existing basketball court area. The proposed development includes the addition of multi purpose areas, games area, band practice room and associated amenities and administration rooms. Council has adopted a Plan of Management for the Recreation Street Public Reserve being the land the subject of the development application. The proposed extensions and associated partial closure of Adelaide Street are consistent with Council's adopted Plan of Management. The proposed development is accompanied by a submission to vary the on site car parking requirement which is detailed in this report. The applicant is also seeking a waiver to the headworks contributions and accordingly this application is reported to Council for determination. The recommendation includes the headworks contributions. RECOMMENDATION:

That Development Application DA04/0533 for an extensions to youth club at Part Lot 1 DP 133066, Florence Street Tweed Heads be approved subject to the following conditions: - GENERAL 1. The development shall be completed in accordance with the Statement of

Environmental Effects and Plan Nos 1058 Sheets WD 010 dated 26/04/04 and , 020, 050, 060, 070 dated 7/05/04 prepared by Tait Morton Johnston Pty Ltd, Plan of Partial Road Closure Surveyors Reference T14518/12901C prepared by B & P Surveys, except where varied by these conditions.

[GEN0010]

2. The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia.

[GEN0120]



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3. The erection of a building in accordance with a development consent must not be commenced until: (a) a construction certificate for the building work has been issued by the

consent authority, the council (if the council is not the consent authority) or an accredited certifier, and

(b) the person having the benefit of the development consent has: (i) appointed a principal certifying authority for the building work, and (ii) notified the principal certifying authority that the person will carry

out the building work as an owner-builder, if that is the case, and (b1) the principal certifying authority has, no later than 2 days before the

building work commences: (i) notified the consent authority and the council (if the council is not

the consent authority) of his or her appointment, and (ii) notified the person having the benefit of the development consent

of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(b2) the person having the benefit of the development consent, if not carrying out the work as an owner-building, has: (i) appointed a principal contractor for the building work who must be

the holder of a contractor licence if any residential work is involved, and

(ii) notified the principal certifying authority of any such appointment, and

(iii) unless that person is the principal contractor, notified the principal contractor of any critical stage inspection and other inspections that are to be carried out in respect of the building work.

[GEN0150]

4. The applicant shall provide a Plan of Subdivision in accordance with Surveyor's reference T14518/12901C for the creation of proposed Lot 11 which is to be dedicated to Council at no charge.

[GENNS01]

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 5. Permanent Stormwater Quality Treatment

(a) Permanent stormwater quality treatment shall comply with "Tweed Urban Stormwater Quality Management Plan" (adopted by Council 19 April 2000) section 5.5.3 "Stormwater Objectives During the Post Construction or Occupational Phase of Development". New development is required to comply with table 5.4 of the plan and demonstrate compliance by modelling in accordance with section 5.5.4. Section 5.5.5 of the plan further advises that treatment that is in accordance with the "deemed to comply" provisions of Appendix E - Tweed Shire Council, Aus-Spec D7 - Stormwater Quality is deemed to comply with the objectives in 5.5.3.

(b) Water sensitive design practices shall be adopted. Where it is practical, water quality features are to be designed into the land development site rather than rely on special end of pipe devices to strip pollutants and nutrients from stormwater prior to discharge. Typical water quality features that can designed into the site development include use of



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porous pavements, directing runoff over filter strips or grass swales in landscaped areas, utilising landscaping as an integral part of stormwater quality management, maximising use of infiltration and stormwater reuse (eg. Rainwater tanks). These features can be complemented by site management practices which minimise creation of stormwater pollutants and nutrients and provide for appropriate operation, cleaning and maintenance of water quality control devices.

(c) The Construction Certificate Application must include a detailed stormwater management plan (SWMP) for the occupational or use stage of the development, prepared in accordance with Section D7.07 of Tweed Shire Council Aus-Spec D7 - Stormwater Quality.

[PCC0230]

6. A construction certificate application for works that involve any of the following:-

• connection of a private stormwater drain to a public stormwater drain

• installation of stormwater quality control devices

• erosion and sediment control works

will not be approved until prior separate approval to do so has been granted by Council under section 68 of the Local Government Act 1993.

Applications for these works must be submitted on Council's standard s68 stormwater drainage application form accompanied by the required attachments and the prescribed fee.

[PCC0240]

7. Erosion and Sediment Control During the Construction Phase of Development (a) Construction phase stormwater quality treatment (erosion and sediment

control) shall be designed and constructed in accordance with detailed engineering plans to be submitted and approved with the Construction Certificate. Erosion and sediment control shall be in accordance with the "Tweed Urban Stormwater Quality Management Plan" (adopted by Council 19 April 2000) section 5.5.2 "Stormwater Objectives During the Construction Phase of New Development". This section requires all new development to comply with Appendix E of the Plan "Tweed Shire Council Aus-Spec D7 - Stormwater Quality" and its Annexure A - "Code of Practice for Soil and Water Management on Construction Works". Erosion and sediment controls shall remain in place until final approval is given and the maintenance bond (if required) has been released.

(b) The Construction Certificate Application must include a detailed erosion and sediment control plan (ESCP) for the construction phase of development, prepared in accordance with Section D7.07 of Tweed Shire Council Aus-Spec D7 - Stormwater Quality.

[PCC0320]



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8. Section 94 Contributions (i) Payment of the following contributions pursuant to Section 94 of the Act

and the relevant Section 94 Plan.

Pursuant to Clause 146 of the Environmental Planning and Assessment Regulations, 2000, a Construction Certificate shall NOT be issued by a Certifying Authority unless all Section 94 Contributions have been paid and the Certifying Authority has sighted Council's "Contribution Sheet" signed by an authorised officer of Council.

These charges will remain fixed for a period of 12 months from the date of this consent and thereafter in accordance with the rates applicable in the current version/edition of the relevant Section 94 Plan current at the time of the payment.

A copy of the Section 94 contribution plans may be inspected at the Civic and Cultural Centres, Tumbulgum Road, Murwillumbah and Brett Street, Tweed Heads.

a. Tweed Road Contribution Plan: $10,859.00 S94 Plan No. 4 (Version 4.0)

(Tweed Heads)

b. Extensions to Council Administration Offices & Technical Support Facilities $69.00

S94 Plan No. 18 [PCC0050/PSC0005]

9. A certificate of compliance (CC) under Sections 305, 306 and 307 of the Water Management Act 2000 is to be obtained from Council to verify that the necessary requirements for the supply of water and sewerage to the development have been made with the Tweed Shire Council.

Pursuant to Clause 146 of the Environmental Planning and Assessment Regulations, 2000, a Construction Certificate shall NOT be issued by a Certifying Authority unless all Section 64 Contributions have been paid and the Certifying Authority has sighted Council's "Contribution Sheet" and a "Certificate of Compliance" signed by an authorised officer of Council.

Annexed hereto is an information sheet indicating the procedure to follow to obtain a Certificate of Compliance:

Water: $12,110.00

Sewer: $9,772.00

These charges to remain fixed for a period of twelve (12) months from the date of this consent and thereafter in accordance with the rates applicable in Council's adopted Fees and Charges current at the time of payment.



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Note: The Environmental Planning and Assessment Act, 1979 (as amended) makes no provision for works under the Water Management Act 2000 to be certified by an Accredited Certifier.

[PCC0070/PSC0004]

PRIOR TO COMMENCEMENT OF WORK 10. A temporary builder's toilet is to be provided prior to commencement of work

at the rate of one (1) closet for every twenty (20) persons or part of twenty (20) persons employed at the site. Each toilet provided must be:- (a) a standard flushing toilet connected to a public sewer, or

(b) if that is not practicable, an accredited sewage management facility approved by the council, or

(c) if that is not practicable, any other sewage management facility approved by the council.

[PCW0060]

11. Where prescribed by the provisions of the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, a sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the principal

certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

[PCW0070] 12. Prior to work commencing, a "Notice of Commencement of Building or

Subdivision Work and Appointment of Principal Certifying Authority" shall be submitted to Council at least 2 days prior to work commencing.

[PCW0090]

13. An application to connect to Council's sewer or carry out plumbing and drainage works, together with any prescribed fees including inspection fees, is to be submitted to and approved by Council prior to the commencement of any building works on the site.

[PCW0210]

14. Prior to the commencement of works on the site all required erosion and sedimentation control measures are to be installed and operational to the satisfaction of the Principal Certifying Authority.



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In addition to these measures an appropriate sign is to be clearly displayed on the most prominent position of the sediment fence or erosion control device which promotes awareness of the importance of the erosion and sediment controls provided.

Please note that this sign is to remain in position for the duration of the project.

[PCW0280]

DURING CONSTRUCTION 15. All building work (other than work relating to the erection of a temporary

building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate or complying development certificate was made).

[DUR0010]

16. Where the construction work is on or adjacent to public roads, parks or drainage reserves the development shall provide and maintain all warning signs, lights, barriers and fences in accordance with AS 1742-1991 (Manual for Uniform Traffic Control Devices). The contractor or property owner shall be adequately insured against Public Risk Liability and shall be responsible for any claims arising from these works.

[DUR0040]

17. The builder must provide an adequate trade waste service to ensure that all waste material is contained, and removed from the site for the period of construction.

[DUR0080]

18. A garbage storage area shall be provided in accordance with Council's "Code for Storage and Disposal of Garbage and Other Solid Waste".

[DUR0090]

19. Building materials used in the construction of the building are not to be deposited or stored on Council's footpath or road reserve, unless prior approval is obtained from Council.

[DUR0130]

20. All demolition work is to be carried out in accordance with the provisions of Australian Standard AS 2601 "The Demolition of Structures" and to the relevant requirements of the WorkCover Authority.

[DUR0160]

21. The principal certifying authority is to be given a minimum of 48 hours notice prior to any critical stage inspection or any other inspection nominated by the principal certifying authority via the notice under Section 81A of the Environmental Planning and Assessment Act 1979.

[DUR0170]

22. It is the responsibility of the applicant to restrict public access to the building site, building works or materials or equipment on the site when building work is not in progress or the site is otherwise unoccupied.

[DUR0200]



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23. Car parking spaces for people with disabilities shall be provided and constructed in accordance with the provisions of Section D of the Building Code of Australia. Particular attention is to be given to the deemed-to-satisfy provisions of Part D-3.5 of the Building Code of Australia and it's requirement to comply with AS2890.1.

[DUR0300]

24. Construction site work including the entering and leaving of vehicles is to be restricted to between 7.00 am and 7.00 pm Monday to Saturday and no work on Sundays or public holidays.

[DUR0900]

25. Council is to be given 24 hours notice for any of the following inspections prior to the next stage of construction: a. internal drainage, prior to slab preparation;

b. water plumbing rough in, and/or stackwork prior to the erection of brick work or any wall sheeting;

c. external drainage prior to backfilling.

d. completion of work and prior to occupation of the building. [DUR1020]

26. A. A plumbing permit is to be obtained from Council prior to commencement of any plumbing and drainage work.

B. The whole of the plumbing and drainage work is to be completed in accordance with the requirements of the NSW Code of Practice for Plumbing and Drainage.

[DUR1030]

27. No portion of the structure may be erected over any existing sullage or stormwater disposal drains, easements, sewer mains, or proposed sewer mains.

[DUR1050]

28. Dual flush water closet suites are to be installed in accordance with Local Government Water and Sewerage and Drainage Regulations 1993.

[DUR1090]

29. Back flow prevention devices shall be installed wherever cross connection occurs or is likely to occur. The type of device shall be determined in accordance with AS 3500.1 and shall be maintained in working order and inspected for operational function at intervals not exceeding 12 months in accordance with Section 4.7.2 of this Standard.

[DUR1110]

30. All new hot water installations shall deliver hot water at the outlet of sanitary fixtures used primarily for personal hygiene purposes at a temperature not exceeding:-



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* 43.50C for childhood centres, primary and secondary schools and nursing homes or similar facilities for aged, sick or disabled persons; and

* 500C in all other classes of buildings.

A certificate certifying compliance with the above is to be submitted by the licensed plumber on completion of works.

[DUR1160]

31. Any damage caused to public infrastructure (roads, footpaths, water and sewer mains, power and telephone services etc) during construction of the development shall be repaired to the satisfaction of the Director of Engineering Services prior to the issue of a Subdivision Certificate and/or prior to any use or occupation of the buildings.

[DUR1210]

32. Suitable covering and protection is to be provided to ensure that no material is removed from the site by wind, causing nuisance to neighbouring properties.

[DUR0850]

33. All work associated with this approval is to be carried out so as not to cause a nuisance to residents in the locality from noise, water or air pollution.

[DUR0870]

34. All reasonable steps shall be taken to muffle and acoustically baffle all plant and equipment. In the event of complaints from the neighbours, which Council deem to be reasonable, the noise from the construction site is not to exceed the following:

A. Short Term Period - 4 weeks.

L10 noise level measured over a period of not less than 15 minutes when the construction site is in operation, must not exceed the background level by more than 20dB(A) at the boundary of the nearest likely affected residence.

B. Long term period - the duration.

L10 noise level measured over a period of not less than 15 minutes when the construction site is in operation, must not exceed the background level by more than 15dB(A) at the boundary of the nearest affected residence.

[DUR0910]

35. The premise and equipment must comply with the requirements of the Australian Food Standards Code as called into force by the Food Regulation 2004.

36. An acoustic fence (noise attenuation barrier) shall be constructed along the

existing fence line on the retaining wall to the satisfaction of the Director of Environment and Community Services.

[DURNS01]



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37. The provision of 25 off street car parking spaces. The layout and construction standards to be in accordance with Development Control Plan No. 2 - Parking Controls.

[DUR0050]

USE 38. The use being restricted to the floor area designated on the approved plan.

[USE0010]

39. The use to be conducted so as not to cause disruption to the amenity of the locality, particularly by way of the emission of noise, dust, fumes or the like.

[USE0160]

40. The noise levels produced by the development shall not be audible within any habitable room in any residential premises between the hours of 10.00pm and 7.00am Monday to Saturday or 10.00pm and 8.00am on Sundays and public holidays.

[USENS01]



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REPORT:

Applicant: Tait Morton Johnston Pty Ltd Owner: Tweed Shire Council Location: Part Lot 1 DP 133066, Florence Street Tweed Heads Zoning: 6(a) Open Space Cost: $900,000.00 BACKGROUND: Council is in receipt of an application for extensions to the Police Youth Club located on the subject land. The existing structure and proposed extensions are located on the Recreation Street Public Reserve. The proposed development includes the partial closure of Adelaide Street to enable the extensions. The proposed extensions include the addition of multi purpose area, games room area, band practice room, office spaces and amenities. The extensions are to be located over the existing basketball court area in front of the existing structure fronting Florence Street. The extensions are single storey and of contemporary design. The additions include further on site car parking resulting in a total of 25 on site car parking spaces. The site currently has the benefit of 14 on site car parking spaces. The applicant has submitted a submission in relation to the on site car parking and Development Control Plan No.2 - Access and Car Parking provisions. Council has adopted a plan of management for the reserve. The Plan of Management allows for the extensions to the Police Youth Club and also recommends the partial road closure of Adelaide Street and rationalisation of the various tenures. As such the proposal is considered to be consistent with the plan of Management for the Reserve. As the applicant is seeking a waiver for the head works charges the application is being report to Council for determination.



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SITE DIAGRAM:



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Tweed Local Environmental Plan 2000 The subject land is zoned 6(a) Open Space under the Tweed Local Environmental Plan. The objectives of the zone include:

• To identify existing public land, and land that is proposed to be acquired for public ownership, to satisfy the open space and recreational needs of local residents and visitors to the area of Tweed and to enable its development to encourage or assist their recreational use and enjoyment of the land.

• To allow other development that is compatible with the recreational

use of the land. The proposed use of the land for a Police Youth Club is considered to be consistent with the objectives of the zone being a recreational use of the land. The extensions to the existing club are considered to be consistent with intended use of the site and zone. The extensions are to an existing recreational facility that defined under the TLEP allows for indoor recreational activities such as those proposed. The use is permissible with consent in the subject zone. The component of the proposed development that results in the partial road closure of Adelaide Street, thereby creating an allotment to be rationalised into the Reserve does not require development consent under the TLEP. Adelaide Street is uncoloured under the TLEP. The partial closure of road is not considered to be in conflict with the provisions of clause 13 of the TLEP. The partial closure will result in development permissible in the adjoining zone, no further assessment is required under Clause 13 of the TLEP. Clause 15 of the TLEP requires Council to ensure that the development of land is able to be adequately serviced. The subject land has the benefit of services and the proposed extensions have not raised the need for the provision of any further services. Clause 16 of the TLEP provides a heights of building plan which identifies the site as having a height limitation of three storeys. The proposed extensions are single storey and comply with the building height requirements. Clause 17 of the TLEP requires social economic impact assessment for development where Council is of the opinion the proposal is likely to have a



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significant social or economic effect. The proposed extensions are not considered likely to generate an adverse effect in the locality rather provide additional youth facilities that are needed. As such the proposal is not considered to necessitate further social impact assessment. There are no further clauses applicable to the proposed development. North Coast Regional Environmental Plan 1988 The subject land is not located adjacent to any foreshore open space or waterways. There are no provisions in the REP that the proposal requires further assessment under. State Environmental Planning Policies

State Environmental Planning Policy No.71 - Coastal Protection The subject land is affected by SEPP71 as the land is in the NSW Coastal Policy area. The subject land is not identified as a sensitive coastal location and the proposed development is not significant coastal development. Council is the consent authority for the proposal. In considering the proposal Council is required to have regard for the provisions under Clause 8 of SEPP71. As the subject land is not located adjacent to coastal foreshore, waterways or pedestrian links to foreshore the proposal is not considered to require further detailed assessment in relation to any of the provisions of Clause 8. The proposal is not in conflict with the provisions of SEPP71. There are no further State Policies applicable to the proposal.


There are no draft environmental planning instruments applicable to the subject land in relation to the proposed development.

(a) (iii) Development Control Plans (DCP’s)

Development Control Plan No.2 - Access and Car Parking The existing Police Youth Club has 14 car parking spaces on site. The proposed extensions result in a deficit of 11 spaces. The following table assesses the proposed development in relation to DCP 2.



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Standard Requirement Complies/variation On site car parking Indoor Sport and recreation

facility 6/100m2 The actual area of indoor recreation is approximately 456m2 when all ancillary spaces are excluded. Therefore with the ESD reduction a total of 22 spaces are required for the extensions.

The proposed development will provide a further 11 on site. This is inadequate to support the existing hall facility and extensions.

The proposed development includes the provision of 25 on site car parking spaces that are accessed off a one way driveway that exits the site to the rear. The design of the car parking is acceptable and Council's Traffic Engineer does not raise any objection to the lay out. The applicant has submitted that the extensions are to be located over the existing basket ball court that in itself under the car parking code would generate a requirement for 24 spaces, a credit that the applicant is seeking to lawfully claim. Noting that the site only has 14 spaces currently it is considered that some exemption may have been granted for the basket ball court and as such a credit of 24 spaces is not available for the proposal. The absence of a credit or the ability for the development to comply with the on site car parking is not considered unresolvable given the location and casual on street parking opportunities. The nature of the proposed use is such that drop off and pick-up by parents and public transport would commonly be used due to the age of the user, generally youth. Events such as Blue Light Discos are managed and controlled by the Police and as such issues of traffic congestion or management due to one off events is not considered likely to generate a local traffic nuisance. While the provision of 25 on site car parking spaces does not meet Council's requirements it is considered that the site is able to be managed at times when there is a demand for parking and that in supporting the proposed development a variation to DCP 2 should be supported.


NSW Coastal Policy The subject land is affected by the NSW Coastal Policy. The proposed development is not inconsistent with the strategic policies of this document.



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(b) The likely impacts of the development and the environmental impacts on both the natural and built environments and social and economic impacts in the locality

Local Road Network The proposed development may result in casual on street car parking in the local road network in the event that an activity generates a number of visitors to the site. This may result in the local streets being used for a level of casual on street car parking. The local road network can support casual on street car parking on the oval side of Florence Street and Recreation Street in the immediate vicinity of the development. The impact of the casual on street parking is not considered to impact directly on residents providing the oval side of the street is utilised. It is also noted that an area of unsealed land adjoining the cemetery is used at times of events in the immediate locality such as the car boot market and that in the event that a significant gathering occur in the Police Youth Club there is the option to accommodate vehicles in the immediate local area. The availability of casual on street car parking is not a justification for varying the DCP 2 requirement, however in relation to the likely impacts on the immediate locality from car parking it is considered that opportunity exists to provide alternate parking which should not detrimentally effect the residential amenity.


The area of the subject land that the extensions are to be located on is a basketball court. The land does not contain any natural features that require protection or management. The main consideration in relation to the suitability of the site for the proposed extensions was noise. Noise Impacts The applicant provided as part of their submission details in relation to the mitigation of noise from the site to adjoining residential areas. Council's Environmental Health Officer has advised that the property is bordered on two sides by parkland and one side by a cemetery. The remaining side is a roadway with residential properties on the other side. A retaining wall will bound the development on two sides and restrict transmission of noise to the residential properties. Additionally the cyclone fence topping the retaining wall will be replaced with an acoustic fence.



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Council's Environmental Health Officer has advised that noise would most likely not be an issue with the attenuation of the building design, the retaining wall, acoustic fence and the placement of appropriate conditions on hours of operation, which should not be a concern for the development. There are no further issues raised by the proposed development.

(d) Any submissions made in accordance with the Act or Regulations

The development application was publicly advertised for a fortnight during which period two letters of support were received. The advertising of the development application has not generated any community objection.

(e) Public interest

The proposed extensions to the Police Youth Club are considered to be in the wider community interest as they provide facilities and opportunities for youth of the Shire. The facilities are a need and provide the space for structured activity that will have a beneficial effect on the community. Infrastructure Charges The applicant has submitted that due to the community nature of the facility and its non-profit status, that Council favourably considers the reduction and/or deletion of any head works contribution required. The proposed development generates the following contributions: Tweed Road Contribution Plan No.4 = $10859.00, this is based on 20 trips per 100m2 and a reduction of 40% due to employment generation. Sewer and Water = $21882.00, this is based 2.8 ET for sewer and water which is a reduced rate from a public toilet which would normally be 0.5ET per cistern. The extensions include 14 showers and toilets in total. Council Administration Building Plan No.18 = $69.00 based on the commercial unit rate. The total of all monetary contributions is $32810.00. It is normal practice that all developments are required to pay applicable contributions to ensure funds are available to provide required infrastructure generated by any development. A number of community-based projects have sought a waiver of these contributions and in the majority of cases Council has not supported these requests. Further Council resolved at its meeting of 5 May 1999:



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"That unless exempted by legislation, development applications for works of public benefit submitted by or for charities, community groups, public bodies or religious organisations, which generate a demand for provision of increase in public amenities and services as identified in an adopted Section 94 contribution plan will be liable for payment of contribution as set out in such a plan." As such charges apply to the extensions to the Police Youth Club and are included in the recommended conditions of consent. It is noted that the structure is on Council land and is leased back to the Police Youth Club.

OPTIONS: 1. Approve the proposed development in accordance with the recommended

conditions of consent. 2. Approve the proposed development with amended conditions. 3. Refuse the application. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Should Council resolve to refuse the application the applicant has a right of appeal in the NSW Land and Environment Court. It is also noted that should Council waive the headworks contributions there is a financial implication to Council's funds. POLICY IMPLICATIONS: The proposed development does not raise any policy implications. CONCLUSION: The proposed extensions to the Police Youth Club are considered to be a significant beneficial addition to the facility which will have community benefits. The proposed development raised the issue of on site car parking due to not complying with DCP 2. The non compliance with the on site car parking requirement is considered acceptable given the nature of the facility and available casual on street parking in the area.



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Also the applicant is seeking a waiver from the necessary headworks and contributions given the non-profit community nature of the development. These have been calculated and the amounts are detailed in the report. Council's officers have assessed the application and conditional consent is recommended. UNDER SEPARATE COVER:

Nil.



CHAIRMAN

4 [DS] Development Consent S96/0135 for a 14 lot Subdivision at Lot 2 DP 811425, Coast Road East Side Bogangar Being the Parent Consent for Casuarina Beach and Associated Compensatory Habitat for the Common Blossom Bat

ORIGIN:

Development Assessment FILE NO: GS4/96/135 Pt22 SUMMARY OF REPORT:

The first Development Consent for the Casuarina Beach development included a number of conditions, one of which related to the provision of compensatory habitat for the Queensland Blossom Bat. The applicant sought an amendment to this condition which the NSW Land and Environment Court ordered on 11th November 2003 thereby requiring, in part, the payment of $200,000 to Tweed Shire Council to be held in trust for the purposes of revegetation works within the Cudgen Nature Reserve and environmental protection lands under Council's control. The Applicant paid this amount prior to the Construction Certificate in respect of Stage 6B. The Department of Environment and Conservation (formerly National Parks and Wildlife Service) were a party to the condition and have provided written advice on the matter which is included in this report. Council's Bitou Bush/Dune Management Committee has been identified as an appropriate body to manage the funds and as such this report is tabled for formal endorsement. RECOMMENDATION:

That: 1. Council's Bitou Bush/Dune Management Committee be endorsed as the

formal body to manage the works associated with the $200,000 and other associated funds provided by Consolidated Properties for the revegetation works within the Cudgen Nature Reserve and other environmental lands to provide compensatory habitat for the Queensland Blossum Bat; and

2. The Department of Environment and Conservation be advised accordingly.



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REPORT:

BACKGROUND: On 11th November 2003 the NSW Land and Environment Court ordered by consent an amendment to the original subdivision consent for the Casuarina Beach development. The amendment required remediation and rehabilitation works which are detailed in the attached Court Order. Specifically Condition 47(c) required a payment of $200,000 to Tweed Shire Council in trust for the purposes of revegetation works within Cudgen Nature Reserve and environmental protection lands under Council control. The applicant met the requirement of the payment. The Department of Environment and Conservation and the Director of Planning and the Environment have met to discuss the use of the monies as parties to the condition. Council's Bitou Bush/Dune Management Committee have been identified as the most appropriate body to manage the funds and to this end the Department of Environment and Conservation and confirmed this in writing in a letter dated 9th August attached to this report. Other Monies It is noted that while Consolidated Properties have undertaken the works and provided a compliance report prepared by Rhonda James in relation to Condition No.47 the works were undertaken using 8" plants rather than the 1000x25 litre 'well established' plants referred to in Condition No.47(b). The Department of Environment and Conservation have raised that Consolidated Properties have made a considerable saving in this regard and that the monetary difference should also be provided to Council for the Bitou Bush/Dune Management Committee to manage. This is detailed in their letter dated 18th May 2004 attached to this report. The applicant has been requested to provide a written undertaking to this end. In response Aspect North advised on behalf of Consolidated Properties that as good corporate citizens they are prepared to provide funds to the value of $20,000 which is the difference between planting banksias as required by the original court order and the final plantings undertaken. A copy of this letter dated 24th August 2004 is attached to this report.



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SITE DIAGRAM:



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CONCLUSION: Upon receipt of the additional monies at Council it is considered that the requirements of Condition No.47 will have been satisfied. This is a significant milestone in relation to the development of Casuarina Beach and the areas originally deferred being the North West Precinct and Town Centre. The importance of the management of the monies in relation to the Queensland Blossom Bat compensatory habitat is highlighted as the Casuarina Beach development progresses to its completion. The NSW Land and Environment Court identified the environmental need for compensatory habitat in the original development consent and therefore the importance of these monies being appropriately expended should be noted. UNDER SEPARATE COVER:

1. Letters from Department of Environment & Conservation dated 9th August 2004 and 18th May 2004.

2. NSW Land and Environment Court Order dated 11th November 2003. 3. Letter from Aspect North dated 24th August 2004.



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5 [DS] Tweed Local Environmental Plan 2000 - Proposed Amendment 1 Marie Street, Tweed Heads South

ORIGIN:

Strategic Town Planning FILE NO: PF3330/20 SUMMARY OF REPORT:

As part of the Strategic Planning Works Program, Council has agreed to delegate to the Director Planning & Environment to bring forward minor LEP Amendments as resources within the Unit may permit. Once such potential is the reclassification of Council land at 1 Marie Street, Tweed Heads South. RECOMMENDATION:

That Council: 1. Advises the Director General, Department of Infrastructure, Planning and

Natural Resources that it intends to prepare a draft LEP to reclassify land at Lot 21 Section 15 DP28390, 1 Marie Street/Hillcrest Avenue, Tweed Heads South from Community Land to Operational Land.

2. Engages a suitable planning consultant to undertake the project, funded by

the proponent.



CHAIRMAN

REPORT:

As part of the Strategic Planning Works Program, Council has agreed to delegate to the Director Planning & Environment to bring forward minor LEP Amendments as resources within the Unit may permit. Once such potential is the reclassification of Council land at Marie Street, Tweed Heads South from Community to Operational Land. The background to this Amendment is that a small part of 1 Marie Street, Tweed Heads South has been constructed on land dedicated to Council as Public Garden and Recreation Space, as indicated by Figures 1 and 2. The land is not serving any recreational purpose. This situation goes back over many years. The remedy for the situation is for the owner of 1 Marie Street to acquire a part of the open space from Council. As the land is classified Community Land Council cannot achieve this without first reclassifying the land, which requires an Amendment to Tweed LEP 2000. As Council owns the land this would require the engagement of an appropriate consultant. The owner of 1 Marie Street has agreed to find a consultant. With the recent conclusions of a number of minor LEP Amendments, there is now the opportunity to undertake this Amendment.



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Figure 1



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Figure 2



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LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER:

Nil.



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6 [DS] Building Line Variation - Lot 251 DP1015373 Daintree Close Banora Point

ORIGIN:

Building Services FILE NO: DA04/0816 SUMMARY OF REPORT:

An application has been received for the erection of a carport within the six (6) metre building line on the abovementioned property. The proposal was notified to adjoining property owners and objections in relation to the proposal have been received. RECOMMENDATION:

That Council varies the six (6) metre building line on premises described as Lot 251 DP1015373 (21) Daintree Close, Banora Point to permit the erection of a double carport which will stand four (4) metres from the front boundary of the property.



CHAIRMAN

REPORT:

Applicant: Dr J F Griffin Location: Lot 251 DP 1015373 Daintree Close, Banora Point Council is in receipt of a development application which includes the erection of a double carport within the six (6) metre building line of the abovementioned property. It is proposed to stand the carport structure in front of the existing double garage, which is located on the eastern side of the dwelling and set the carport four (4) metres back from the front boundary of the property.

As required by Council's notification policy the proposal to site the structure within the six (6) metre building line was notified to both adjoining property owners which resulted in two submissions being made, one from the owner of the property on the eastern side of the subject site and one by way of a petition signed by the owners of fourteen (14) other properties in Daintree Close.



CHAIRMAN

Council's adopted policy in respect to structures located within the front building line permits variations to be considered only in the following circumstances: d. A variation to the Building Line will be considered only in the following

circumstances for: (i) Dwelling and other Buildings, where: 1. The levels of depth of the allotment, or 2. Exceptional conditions of the site, or 3. The nature of the building,

make it necessary or expedient to do so. (ii) Open carports, pergolas and other open ancillary buildings associated with

dwellings or duplex buildings only, where: 1. The structure within the building line zone is predominately open and not enclosed

by external walls (supporting component not to exceed a maximum of 20% of perimeter of structure located within the building line zone). For the purpose of definition, "predominately open" is to be construed as unobstructed by walls, panels or linings of non-transparent materials but may include lattice panels with a minimum of 500mm clear space top and bottom. Permission to use materials such as insect screening, shade cloths or other transparent material may be given and will be at the discretion of Council's Director Environment and Community Services, each case being considered on its individual merits. The structure is to be of an attractive design and use attractive and compatible materials such as brick work, timber etc, which will enhance the streetscape. Lattice must have a minimum of 25% openings.

2. The structure occupies not more than 50% of the building line zone, comprising that

area between the front boundary alignment back six (6) metres for the full frontage of the site; and

3. The structure is no higher then three (3) metres for flat skillion roofs and four

decimal five (4.5) metres to the top or the ridge for pitched roofs; and 4. The structure is sited with all parts totally within the property boundaries; and 5. No solid doors or gates are fitted to the structure (open style security gates/grilles

swinging inwards onto the property are permitted); and 6. In the case of conventionally shaped rectangular corner allotments, structures

including eaves and overhang, approved under this Clause are not located within the triangular area produced by the intersection of the projection of both street frontages, and a distance back of nine (9) metres from this intersection, measured along both primary and secondary street frontages, see diagram d (ii) (irregularly



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shaped corner allotments will be individually considered on their respective merits having regard to traffic consideration and streetscape); and

7. Vehicular access can be provided conforming with Council's Engineering Services

Division requirements; and 8. The structure is sited clear or water and sewer mains to the satisfaction of Council's

Engineering Services Division requirements; and 9. In the case of sites having existing carparking facilities already present on site

observing the building line setback an area of at least one (1) carparking facility for each individual occupancy comprising a garage, carport or area capable of being enclosed is retained or maintained behind the six (6) metre building line setback or alternatively where the existing carparking facility is proposed to be converted for other purposes, a suitable area capable of being enclosed and used for storage is available elsewhere on the site and two carparking spaces made available within the building line.

10. Where the road reserve width is less than twenty (20) metres and with the

exception of the secondary street frontage of a corner allotment, an overall building alignment of not less than ten (10) metres shall be observed, measured from the centre-line of the road reserve to which the allotment has frontage to any part of the building.

11. In regard to duplex buildings only, the written consent of the owner of the other

duplex on the allotment is to be obtained and submitted to council with the application.

12. The structure is required to comply with the Development Services Division

requirements relating to maximum site coverage, and the Environment and Community Services Division requirements for fire resistance ratings or levels (where required) for the various structural components.

(iii) The applicant is to produce the written consent of owners of adjoining land on both

sides of the site when the variation request is not submitted as part of a building application, and where the consent of both adjoining property owners cannot be obtained, Council forward notification letters to these adjoining property owners on payment of an additional prescribed fee.

With regard to the matters of consideration listed above the proposal will comply in all respects with the exception of the final item which requires the consent of adjoining property owners. Council's past practice relating to this matter has provided for a notification process to occur as an alternative to reduce the possibility of confrontational issues between neighbours. As a result of the process two submissions where received as identified above. The first submission is a letter which is reproduced below:



CHAIRMAN

In reply to your letter of the 31st July, we the residents of Daintree Close wish to lodge our objections to a double carport being built at 21 Daintree Close. The above proposed carport would set a precedent to the residents of Daintree Close as well to the area of Flame Tree Park, and we consider that is not desirable, as the area has standards that should be maintained for the better of the community. The home in question is a large and imposing home with a larger than normal double garage, the appearance of the house would be impaired with addition of double carport. Please find enclosed petition of concerned neighbours, who are strongly opposed to this development application.

In regard to this objection, each application for a carport within the building line is considered on its merits. The proposal before council only requests a variation of two (2) metres to the building line and is consistent with numerous other carports within the building line that have been approved throughout the shire, however none have been approved in this particular street. The proposal has been superimposed on an attached photo and it is considered that the carport will not be a dominant feature when viewed from the street as it is set down from the main dwelling and set partly into a recessed portion of the front of the building. It is also considered that the proposal is of a design and colour that will blend with the existing building so as to enhance the streetscape and will have no detrimental affect on the amenity of the area. In regard to the second submission, a petition, no grounds for objection have been given, the petition has only been headed ‘ petition against carport construction within the six (6) metre building line DA04/0816, Lot 251 DP1015373 Daintree Close, Banora Point’ and contains the signature of the owners of 14 properties in Daintree Close. A discussion with one of the adjoining residents identified that the reason for the petition was to try and avoid a precedent for other similar structures within the building line. In closing Council is advised that orignally variations to the building line were only considered where exceptional conditions existed on a site i.e. geotechnical constraints, steep or difficult site conditions, etc. The policy was later changed at the request of the Council at that time to permit open type structures within the building line on the condition that they comply with the criteria contained within the current policy. In this regard it is considered that the proposal complies with the policy and should therefore be given favourable consideration.



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Nil.



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7 [DS] Development Application DA03/0995 for multi-dwelling housing comprising of 5 x 3 bedroom units at Lot 1 DP 213025, No. 2 Kingscliff Street, Kingscliff

ORIGIN:


Council is in receipt of an application for a Review of Determination in relation to a refusal notice issued for Development Application DA03/0995. The Applicant, Pursuant to cl.82A of the Environmental Planning and Assessment Act ('the Act'), 1979, lodged a request for review on the basis of additional information, with a specific request for the proposal to be assessed against the 'performance criteria' opposed to the 'acceptable solutions' of the relevant development control plans. This report reviews the merits of the application in light of the applicants latest submissions. A merit assessment of the proposal concludes that the design elements of the building achieve the objectives of the relevant development control plans on a performance basis. In reconsidering the application it is concluded that it is suitable for a conditional approval. This report provides appropriate conditions for development consent. RECOMMENDATION:

That Development Application DA03/0995 for multi-dwelling housing comprising of 5 x 3 bedroom units at Lot 1 DP 213025, No. 2 Kingscliff Street Kingscliff be approved subject to the following conditions: - GENERAL 1. The development shall be completed in accordance with the Statement of

Environmental Effects prepared by Jim Glazebrook and Associates dated July 2003 and Development Plan Nos.DWG4902/s/01, 02, 03, 04 & 05 prepared by Pat Twohill Designs dated May 2003, except where varied by these conditions.

[GEN0010]

2. Approval is given subject to the location of, protection of, and/or any necessary modifications to any existing public utilities situated within the subject property.

[GEN0030]

3. The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia.



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[GEN0120]

4. The erection of a building in accordance with a development consent must not be commenced until: (a) a construction certificate for the building work has been issued by the

consent authority, the council (if the council is not the consent authority) or an accredited certifier, and

(b) the person having the benefit of the development consent has: (i) appointed a principal certifying authority for the building work, and (ii) notified the principal certifying authority that the person will carry

out the building work as an owner-builder, if that is the case, and (b1) the principal certifying authority has, no later than 2 days before the

building work commences: (i) notified the consent authority and the council (if the council is not

the consent authority) of his or her appointment, and (ii) notified the person having the benefit of the development consent

of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(b2) the person having the benefit of the development consent, if not carrying out the work as an owner-building, has: (i) appointed a principal contractor for the building work who must be

the holder of a contractor licence if any residential work is involved, and

(ii) notified the principal certifying authority of any such appointment, and

(iii) unless that person is the principal contractor, notified the principal contractor of any critical stage inspection and other inspections that are to be carried out in respect of the building work.

[GEN0150]

5. The provision and maintenance of a minimum five (5) residential car parks

(min one per unit), two (2) visitor parks and one (1) car wash down bay. [GENNS01]

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 6. Notwithstanding the issue of this development consent, separate consent from

Council under Section 138 of the Roads Act 1993, must be obtained prior to any works taking place on a public road including the construction of new driveway access (or modification of access). Applications for consent under Section 138 must be submitted on Council's standard application form and be accompanied by the required attachments and prescribed fee.

[PCC0190]

7. A construction certificate application for works that involve any of the following:-

� connection of a private stormwater drain to a public stormwater drain

� installation of stormwater quality control devices

� erosion and sediment control works



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will not be approved until prior separate approval to do so has been granted by Council under section 68 of the Local Government Act 1993.

Applications for these works must be submitted on Council's standard s68 stormwater drainage application form accompanied by the required attachments and the prescribed fee.

[PCC0240]

8. Section 94 Contributions (i) Payment of the following contributions pursuant to Section 94 of the Act

and the relevant Section 94 Plan.

Pursuant to Clause 146 of the Environmental Planning and Assessment Regulations, 2000, a Construction Certificate shall NOT be issued by a Certifying Authority unless all Section 94 Contributions have been paid and the Certifying Authority has sighted Council's "Contribution Sheet" signed by an authorised officer of Council.

These charges will remain fixed for a period of 12 months from the date of this consent and thereafter in accordance with the rates applicable in the current version/edition of the relevant Section 94 Plan current at the time of the payment.

A copy of the Section 94 contribution plans may be inspected at the Civic and Cultural Centres, Tumbulgum Road, Murwillumbah and Brett Street, Tweed Heads.

a. Tweed Road Contribution Plan: $3,640 S94 Plan No. 4 (Version 4.0) Sector6_4 Heavy Haulage Component Payment of a contribution pursuant to Section 94 of the Act and the Heavy Haulage (Extractive materials) provisions of Tweed Road Contribution Plan No. 4 - Version 4.1 prior to the issue of a construction certificate or subdivision certificate, whichever occurs first. The contribution shall be based on the following formula:-

$Con TRCP - Heavy = Prod. x Dist x $Unit x (1+Admin.)

where:

$Con TRCP - Heavy heavy haulage contribution

and:

Prod. projected demand for extractive material to be hauled to the site over life of project in tonnes

Dist. average haulage distance of product on Shire roads

(trip one way)



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$Unit the unit cost attributed to maintaining a road as set out in Section 6.4 (currently 2.5c per tonne per kilometre)

Admin. Administration component - 5% - see Section 6.5

b. Open Space (Structured): $1,770 S94 Plan No. 5

c. Open Space (Casual): $378 S94 Plan No. 5

d. West Kingscliff - Drainage: 0.3 ha @ $16070 $4,821.00 DCP No. 9 S94 Plan No. 7

e. West Kingscliff - Open Space: $971 DCP No. 9 S94 Plan No. 7

f. Shirewide Library Facilities: $1,562 S94 Plan No. 11

g. Eviron Cemetery/Crematorium Facilities: $309 S94 Plan No. 13

h. Community Facilities (Tweed Coast) $1,968 (North Coast) S94 Plan No. 15

i. Emergency Facilities (Surf Lifesaving) $539 (REMSHIRE) S94 Plan No. 16

j. Extensions to Council Administration Offices & Technical Support Facilities $963.05 S94 Plan No. 18

k. Cycleways $365 S94 Plan No. 22

l. Regional Open Space (Structured) $2,668 S94 Plan No. 26

m. Regional Open Space (Casual) $499 S94 Plan No. 26

[PCC0050/PSC0005]

9. A certificate of compliance (CC) under Sections 305, 306 and 307 of the Water Management Act 2000 is to be obtained from Council to verify that the necessary requirements for the supply of water and sewerage to the development have been made with the Tweed Shire Council. Pursuant to Clause 146 of the Environmental Planning and Assessment Regulations, 2000, a Construction Certificate shall NOT be issued by a Certifying Authority unless all Section 64 Contributions have been paid and the Certifying Authority has sighted Council's "Contribution Sheet" and a "Certificate of Compliance" signed by an authorised officer of Council.



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Annexed hereto is an information sheet indicating the procedure to follow to obtain a Certificate of Compliance:

Water: 2.75 ET @ $4325 $11,894

Sewer: 2.75 ET @ $3490 $9,598

These charges to remain fixed for a period of twelve (12) months from the date of this consent and thereafter in accordance with the rates applicable in Council's adopted Fees and Charges current at the time of payment.

Note: The Environmental Planning and Assessment Act, 1979 (as amended) makes no provision for works under the Water Management Act 2000 to be certified by an Accredited Certifier.

[PCC0070/PSC0004] 10. Permanent Stormwater Quality Treatment

(a) Permanent stormwater quality treatment shall comply with "Tweed Urban Stormwater Quality Management Plan" (adopted by Council 19 April 2000) section 5.5.3 "Stormwater Objectives During the Post Construction or Occupational Phase of Development" . New development is required to comply with table 5.4 of the plan and demonstrate compliance by modelling in accordance with section 5.5.4. Section 5.5.5 of the plan further advises that treatment that is in accordance with the "deemed to comply" provisions of Appendix E - Tweed Shire Council, Aus-Spec D7 - Stormwater Quality is deemed to comply with the objectives in 5.5.3.

(b) Water sensitive design practices shall be adopted. Where it is practical, water quality features are to be designed into the land development site rather than rely on special end of pipe devices to strip pollutants and nutrients from stormwater prior to discharge. Typical water quality features that can designed into the site development include use of porous pavements, directing runoff over filter strips or grass swales in landscaped areas, utilising landscaping as an integral part of stormwater quality management, maximising use of infiltration and stormwater reuse (eg. Rainwater tanks). These features can be complemented by site management practices which minimise creation of stormwater pollutants and nutrients and provide for appropriate operation, cleaning and maintenance of water quality control devices.

(c) The Construction Certificate Application must include a detailed stormwater management plan (SWMP) for the occupational or use stage of the development, prepared in accordance with Section D7.07 of Tweed Shire Council Aus-Spec D7 - Stormwater Quality.

(d) Specific requirements:

(i) Stormwater quality control measures shall be implemented according to Cozens Regan Williams Prove Stormwater Management Plan (June 2003) unless where prior approval has been obtained from Council for an alternative system, and except in accordance with the conditions of this approval.



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(ii) It is preferred that the proposed carwash-down bay is constructed of pervious materials and / or graded so that runoff is directed to grassed filter strips or landscaping. Otherwise, all runoff must be treated to remove oil and grit prior to discharge.

[PCC0230]

11. Erosion and Sediment Control During the Construction Phase of Development

(a) Construction phase stormwater quality treatment (erosion and sediment control) shall be designed and constructed in accordance with detailed engineering plans to be submitted and approved with the Construction Certificate. Erosion and sediment control shall be in accordance with the "Tweed Urban Stormwater Quality Management Plan" (adopted by Council 19 April 2000) section 5.5.2 "Stormwater Objectives During the Construction Phase of New Development". This section requires all new development to comply with Appendix E of the Plan "Tweed Shire Council Aus-Spec D7 - Stormwater Quality" and its Annexure A - "Code of Practice for Soil and Water Management on Construction Works". Erosion and sediment controls shall remain in place until final approval is given and the maintenance bond (if required) has been released.

(b) The Construction Certificate Application must include a detailed erosion and sediment control plan (ESCP) for the construction phase of development, prepared in accordance with Section D7.07 of Tweed Shire Council Aus-Spec D7 - Stormwater Quality.

[PCC0320]

12. SITE SPECIFIC (STORMWATER) a) the legal point of discharge for the development is the kerb and gutter in

Kingscliff Street. No runoff shall be discharged onto adjoining allotments.

b) Stormwater quantity controls (peak discharge and on-site detention) shall be implemented according to Cozens Regan Williams Prove Stormwater Management Plan (June 2003), except where otherwise approved by in writing by Tweed Shire Council or by condition of this consent.

c) Preliminary calculations indicate that an OSD tank of 23m3 (minimum) is required, rather than 19.51m3 as indicated in the approved stormwater management plan. Confirmation of the impervious / pervious ratio of the site is required with s.68 stormwater application, with amendments to be made in the OSD design as necessary.

d) OSD devices, including discharge control pits, are to comply with the standards in the Upper Parramatta River Catchment Trust "On Site Detention Handbook" (Third Edition 1999) except that permissible site discharge and site storage requirements do not apply to the Tweed Shire.

e) Driveway entrances must be graded to ensure stormwater from the Kingscliff Street kerb and gutter does not enter the site during the ARI 100 year storm event.

f) All basement pumping systems shall be designed and installed in



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accordance with Section 9 of AS/NZS 3500.3.2 (Stormwater Drainage - Acceptable Solutions).

[PCCNS01]

PRIOR TO COMMENCEMENT OF WORK 13. Please note that while the proposal, subject to the conditions of approval, may

comply with the provisions of the Building Code of Australia for persons with disabilities your attention is drawn to the Disability Discrimination Act which may contain requirements in excess of those under the Building Code of Australia. It is therefore recommended that these provisions be investigated prior to start of works to determine the necessity for them to be incorporated within the design.

[PCW0010]

14. The building is to be protected from attack by termites by approved methods in accordance with the provisions of Australian Standard AS 3660.1, and: (i) Details of the proposed method to be used are to be submitted to and

approved by the Principal Certifying Authority prior to start of works; and

(ii) Certification of the works performed by the person carrying out the works is to be submitted to the PCA; and

(iii) A durable notice must be permanently fixed to the building in a prominent location, such as in the electrical meter box indicating:-

(A) the method of protection; and

(B) the date of installation of the system; and

(C) where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label; and

(D) the need to maintain and inspect the system on a regular basis.

Note: Underslab chemical treatment will not be permitted as the only method of treatment unless the area can be retreated without major disruption to the building.

[PCW0050]

15. A temporary builder's toilet is to be provided prior to commencement of work at the rate of one (1) closet for every twenty (20) persons or part of twenty (20) persons employed at the site. Each toilet provided must be:- (a) a standard flushing toilet connected to a public sewer, or

(b) if that is not practicable, an accredited sewage management facility approved by the council, or

(c) if that is not practicable, any other sewage management facility approved by the council.

[PCW0060]



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16. Where prescribed by the provisions of the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, a sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the principal

certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

[PCW0070] 17. It is a condition of this approval that, if an excavation extends below the level

of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made must comply with the following: i. The person must, at the person's own expense:

a. preserve and protect the building from damage; and

b. if necessary, underpin and support the building in an approved manner.

ii. The person must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars to the owner of the proposed work.

[PCW0080]

18. Prior to work commencing, a "Notice of Commencement of Building or Subdivision Work and Appointment of Principal Certifying Authority" shall be submitted to Council at least 2 days prior to work commencing.

[PCW0090]

19. Sewer main within site is to be accurately located and the Principal Certifying Authority advised of its location and depth prior to start of any building works.

[PCW0180]

20. Prior to the commencement of works on the site all required erosion and sedimentation control measures are to be installed and operational to the satisfaction of the Principal Certifying Authority. In addition to these measures an appropriate sign is to be clearly displayed on the most prominent position of the sediment fence or erosion control device which promotes awareness of the importance of the erosion and sediment controls provided.



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Please note that this sign is to remain in position for the duration of the project.

[PCW0280]

21. Residential building work: (1) Residential building work within the meaning of the Home Building Act

1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) in the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner builder permit under that Act, the number of the owner-builder permit.

(2) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

[PCW0290]

22. Prior to the commencement of any demolition works all house drainage connections are to be suitably capped off by a licenced plumber and an inspection of the work obtained from Council.

[PCW0300]

23. Prior to commencement of works all required sedimentation and siltation control measures are to be installed and operational to the satisfaction of the Principal Certifying Authority. Erosion and sediment control shall be in accordance with the "Tweed Urban Stormwater Quality Management Plan" (adopted by Council 19 April 2000) section 5.5.2 "Stormwater Objectives During the Construction Phase of New Development". This section requires all new development to comply with Appendix E of the Plan "Tweed Shire Council Aus-Spec D7 - Stormwater Quality" and its Annexure A - "Code of Practice for Soil and Water Management on Construction Works". Erosion and sediment controls shall remain in place until final approval is given and the maintenance bond has been released.



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[PCW0190]

24. Prior to the commencement of works sedimentation and erosion control measures shall be installed to the satisfaction of the Director Environment and Community Services

[PCWNS01]

DURING CONSTRUCTION 25. All building work (other than work relating to the erection of a temporary

building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate or complying development certificate was made).

[DUR0010]

26. Provision shall be made for the collection of builder's solid waste in accordance with the following requirements: a. A temporary builder's waste chute is to be erected to vertically convey

builder's debris to a bulk container.

b. The chute shall be located in a position approved by the Principal Certifying Authority.

c. A canopy shall be provided to the chute outlet and container to reduce the spillage of materials and nuisance caused by dust.

[DUR0070]

27. The builder must provide an adequate trade waste service to ensure that all waste material is contained, and removed from the site for the period of construction.

[DUR0080]

28. All demolition works are to observe the guidelines set down under the Environment Protection Authority publication "A Renovators Guide to the Dangers of Lead" and the WorkCover guidelines on working with and handling of asbestos.

[DUR0100]

29. Building materials used in the construction of the building are not to be deposited or stored on Council's footpath or road reserve, unless prior approval is obtained from Council.

[DUR0130]

30. All demolition work is to be carried out in accordance with the provisions of Australian Standard AS 2601 "The Demolition of Structures" and to the relevant requirements of the WorkCover Authority.

[DUR0160]

31. The principal certifying authority is to be given a minimum of 48 hours notice prior to any critical stage inspection or any other inspection nominated by the principal certifying authority via the notice under Section 81A of the Environmental Planning and Assessment Act 1979.

[DUR0170]



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32. It is the responsibility of the applicant to restrict public access to the building site, building works or materials or equipment on the site when building work is not in progress or the site is otherwise unoccupied.

[DUR0200]

33. The provision of adequate vehicular access in accordance with Council's "Vehicular Access to Property Construction Specification" pamphlet, including the provision of an invert crossing at the kerb and gutter where required and paving of the driveway across the footpath to the front alignment to the satisfaction of the Director, Engineering Services. Twenty four (24) hours notice is to be given to Council's Engineering Services Division before placement of concrete to enable formwork to be inspected. Failure to do so may result in rejection of the vehicular access and its reconstruction. Paving bricks are not acceptable unless laid on a 100mm thick concrete base.

[DUR0470]

34. A Sewer manhole is present on this site. This manhole is not to be covered with soil or other material or concealed below ground level. Should additional fill be proposed in the area of the sewer manhole Council's Engineering Services Division must be consulted and suitable arrangements made for the raising of the manhole to the satisfaction of Council's Manager Public Utilities.

[DUR0840]

35. All work associated with this approval is to be carried out so as not to cause a nuisance to residents in the locality from noise, water or air pollution.

[DUR0870]

36. Construction site work including the entering and leaving of vehicles is to be restricted to between 7.00 am and 7.00 pm Monday to Saturday and no work on Sundays or public holidays.

[DUR0900]

37. Council is to be given 24 hours notice for any of the following inspections prior to the next stage of construction: a. internal drainage, prior to slab preparation;

b. water plumbing rough in, and/or stackwork prior to the erection of brick work or any wall sheeting;

c. external drainage prior to backfilling.

d. completion of work and prior to occupation of the building. [DUR1020]

38. A. A plumbing permit is to be obtained from Council prior to commencement of any plumbing and drainage work.

B. The whole of the plumbing and drainage work is to be completed in accordance with the requirements of the NSW Code of Practice for Plumbing and Drainage.

[DUR1030]



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39. An isolation cock is to be provided to the water services for each unit in a readily accessible and identifiable position.

[DUR1040]

40. Where two (2) or more premises are connected by means of a single house service pipe, the owner of each premises must (unless all the premises are occupied by a single household or firm as a residence or place of business) ensure that a separate water meter, of a class and size approved by Council, is installed on each of those premises.

[DUR1070]

41. Dual flush water closet suites are to be installed in accordance with Local Government Water and Sewerage and Drainage Regulations 1993.

[DUR1090]

42. Back flow prevention devices shall be installed wherever cross connection occurs or is likely to occur. The type of device shall be determined in accordance with AS 3500.1 and shall be maintained in working order and inspected for operational function at intervals not exceeding 12 months in accordance with Section 4.7.2 of this Standard.

[DUR1110]

43. Overflow relief gully is to be located clear of the building and at a level not less than 150mm below the lowest fixture within the building and 75mm above finished ground level.

[DUR1130] 44. All new hot water installations shall deliver hot water at the outlet of sanitary

fixtures used primarily for personal hygiene purposes at a temperature not exceeding:-

* 43.50C for childhood centres, primary and secondary schools and nursing homes or similar facilities for aged, sick or disabled persons; and

* 500C in all other classes of buildings.

A certificate certifying compliance with the above is to be submitted by the licensed plumber on completion of works.

[DUR1160]

45. In the event that Council is not utilised as the inspection/Certifying authority, within seven (7) days of building works commencing on the site a Compliance Certificate in the prescribed form is to be submitted to Council together with the prescribed fee, by the nominated principal certifying authority to certify the following: i. All required erosion and sedimentation control devices have been

installed and are operational.

ii. Required toilet facilities have been provided on the site.

iii. A sign has been erected on the site identifying:

� Lot number

� Builder



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� Phone number of builder or person responsible for site.

iv. All conditions of consent required to be complied with prior to work commencing on the site have been satisfied.

v. That the licensee has complied with the provisions of Section 98(1)(b) of the Environmental Planning and Assessment Amendment Regulations 2000.

[DUR1200]

46. Any damage caused to public infrastructure (roads, footpaths, water and sewer mains, power and telephone services etc) during construction of the development shall be repaired to the satisfaction of the Director of Engineering Services prior to the issue of a Subdivision Certificate and/or prior to any use or occupation of the buildings.

[DUR1210]

47. Where the construction work is on or adjacent to public roads, parks or drainage reserves the development shall provide and maintain all warning signs, lights, barriers and fences in accordance with AS 1742-1991 (Manual for Uniform Traffic Control Devices). The contractor or property owner shall be adequately insured against Public Risk Liability and shall be responsible for any claims arising from these works.

[DUR0040]

48. If the work involved in the erection or demolition or a building: a. is likely to cause pedestrian or vehicular traffic in a public place to be

obstructed or rendered inconvenient; or

b. building involves the enclosure of a public place,

a hoarding or fence must be erected between the work site and the public place.

If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

Any such hoarding, fence or awning is to be removed when the work has been completed.

[DUR0220]

49. Ensure adequate turfed area, or other suitable media, is incorporated and maintained into the proposed landscape of the property for use as a car wash-down area.

[DUR0230]

50. All surface water collected from hard stand parking areas to be directed to Council approved pre-treatment facilities before discharge to approved discharge locations. Stormwater from covered or enclosed carpark areas shall not be discharged to the public sewer unless approved treatment



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facilities have been provided. Details are to be submitted to and approved by the Director of Environment and Community Services prior to installation

[DUR0670]

51. Suitable covering and protection is to be provided to ensure that no material is removed from the site by wind, causing nuisance to neighbouring properties.

[DUR0850]

52. All reasonable steps shall be taken to muffle and acoustically baffle all plant and equipment. In the event of complaints from the neighbours, which Council deem to be reasonable, the noise from the construction site is not to exceed the following: A. Short Term Period - 4 weeks.

L10 noise level measured over a period of not less than 15 minutes when the construction site is in operation, must not exceed the background level by more than 20dB(A) at the boundary of the nearest likely affected residence.

B. Long term period - the duration.

L10 noise level measured over a period of not less than 15 minutes when the construction site is in operation, must not exceed the background level by more than 15dB(A) at the boundary of the nearest affected residence.

[DUR0910]

53. The use of vibratory compaction equipment (other than hand held devices) within 100m of any dwelling house is strictly prohibited.

[DUR0920]

54. Prior to and during construction provide a "shake down" area along the haul route located immediately before the intersection with the road reserve. The "shake down" area is to be 10 metres long, minimum 3.0 metres wide, constructed of minimum 50mm diameter crushed rock; or other such device approved by the Director of Engineering Services.

[DUR0930]

55. The burning of builders waste on site by open fire is prohibited. [DUR0940]

56. All practicable measures must be taken to prevent and minimise harm to the environment as a result of the construction, operation and, where relevant, the decommissioning of the development.

[DUR0980]

57. A screened, graded and drained bin storage area shall be provided within the boundary of the property.

[DURNS01]

58. In the event that dewatering of the site is required, at any stage of works, all works, excluding those required for mitigation of environmental impact, is to cease until such time that the relevant approval /licence has been obtained from the Department of Infrastructure, Planning and Natural Resource and a



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copy has been submitted to Council's Director Environment and Community Services.

[DURNS02]

59. Acid Sulfate Soils shall not be exposed or disturbed without the prior written approval of Council's Director Environment and Community Services.

[DURNS03]

60. The use of external ground anchors is not approved by this consent. [DURNS04]

61. Prior to the issue of an occupation certificate, a 'satisfactory inspection report' issued by Council must be produced for s.68 (h2) permanent stormwater quality control devices. This inspection report must be obtained form Council prior to backfilling of any of the s.68 (h2) approved devices.

[POCNS01]

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE 62. In the event that Council is not utilised as the inspection/certifying authority,

prior to occupation of the building a Compliance Certificate in the prescribed form is to be submitted to Council from the nominated principal certifying authority, together with the prescribed fee, to certify that all work has been completed in accordance with the approved plans and specifications and conditions of Consent.

[POC0020]

63. A person must not commence occupation or use of the whole or any part of a new building (within the meaning of Section 109H(4)) unless an occupation certificate has been issued in relation to the building or part (maximum 25 penalty units).

[POC0030]

64. The building is not to be occupied or a final occupation certificate issued until a fire safety certificate has been issued for the building to the effect that each required essential fire safety measure has been designed and installed in accordance with the relevant standards.

[POC0050]

65. Prior to the occupation or use of any building and prior to the issue of any occupation certificate, including an interim occupation certificate, a final inspection report is to be obtained from Council in relation to the plumbing and drainage works.

[POC0170] 66. Prior to occupation of the building the property street number is to be clearly

identified on the site by way of painted numbering on the street gutter within 1 metre of the access point to the property. The street number is to be on a white reflective background professional painted in black numbers 100mm high.

On rural properties or where street guttering is not provided the street number is to be readily identifiable on or near the front entrance to the site.

For multiple allotments having single access points, or other difficult to identify properties, specific arrangements should first be made with Council and



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emergency services before street number identification is provided.

The above requirement is to assist in property identification by emergency services and the like. Any variations to the above are to be approved by Council prior to the carrying out of the work.

[POC0180] USE 67. The use to be conducted so as not to cause disruption to the amenity of the

locality, particularly by way of the emission of noise, dust, fumes or the like. [USE0160]

68. All activities associated with the occupancy of the building are to comply with the Protection of the Environment Operations Act, 1997.

[USE0170]

69. All wastes shall be collected, stored and disposed to the satisfaction of the Director Environment and Community Services. Wastes shall be presented at the kerb in a Council approved wheelie bin for collection

[USENS01]

70. The spa pool is to be maintained in a clean and healthy condition at all times.

[USENS02]

71. Lighting shall be permitted to impact the amenity of any other premise. [USENS03]

72. Wash water from the car wash-down bay shall not be permitted to discharge or percolate to the stormwater system or street drainage.

[USENS04]



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REPORT:

Applicant: Petdal Pty Ltd Owner: Mr PJ Kerr Location: Lot 1 DP 213025, No. 2 Kingscliff Street, Kingscliff Zoning: 2(b) Medium Density Residential Cost: $1,800,000.00 BACKGROUND: Council is in receipt of an application for a Review of Determination in relation to a refusal notice issued for Development Application DA03/0995 on 25 September 2003. The application was lodged for a residential flat building comprising five three bedroom units over three storeys with a basement level garage area. The Applicant, Pursuant to cl.82A of the Act, lodged a request for review of determination on 25 March 2004. In accordance with cl.82A(4A) Council, as a consequence of its review may confirm or change the determination. The Proposed Development The proposed development comprises a basement level garaged area accommodating eight car parks, with access off Kingscliff Street, that extends from natural ground to varying heights between 0.5 and 1.2m. Ground and first floor level are essentially the same internal design, consisting of two three bedroom units per floor, with variation in the provision and location of external open space terraced and balcony areas. The second floor (third storey) comprises a single three bedroom penthouse with external staircase access to a roof top open terraced area. The site is 727m2 and is relatively flat with levels ranging from 6.25m AHD at the northeast (front) and 6.95m AHD at the southwest (rear). The site is bounded to the northeast by Kingscliff Street, a three-storey residential flat building to the northwest and southeast (presently under construction) with a single-storey brick and tile dwelling: dating possibly from the late 1970's and which fronts Pearl Street to the southwest (rear). The maximum height of the development would be RL 16.04m AHD and it involves the removal of solid cut to excavate the basement level. The proposed development is considered to be of a scale and design that is consistent with the existing, approved and perceived future development of the area. Table 1 below identifies the basic similarities between the proposed development when juxtaposed with the neighbouring development at No.4 Kingscliff Street and 150 Marine Parade.



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Table 1

CCoommppaarriissoonn CCrriitteerriiaa NNoo..22 ((tthhiiss aapppplliiccaattiioonn)) NNoo..44 KKiinnggsscclliiffff SStt ((nnoorrtthhwweesstt))

NNoo..115500 MMaarriinnee PPddee ((ssoouutthheeaasstt))

site area 727m2 714m2 961m2

no. of units 5x3 5x3 6x3

building height 10.9m 10.5m 11.5

ave building width 12m 12m 14m

no of car parks 8 10 14

basement parking Yes Yes Yes

roof top terrace Yes Yes Yes

landscaping 397m2 381m2 575m2

street frontage 20m 20m 20m

site area per unit 145.4m2 142.8m2 160m2

Elevator Yes Yes Yes



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SITE DIAGRAM:



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Tweed Local Environmental Plan 2000 The subject land is zoned Residential 2(b) Medium Density. The primary objective of zone states: Primary Objective • to provide for and encourage development for the purpose of medium

density housing (and high density housing in proximity to the Tweed Heads sub-regional centre) that achieves good urban design outcomes.

The development provides a high quality, modern, residential development that relates well to the existing urban environment. The proposal is consistent with the objectives of the 2(b) zone Clause 15 – Essential Services

Clause 15 of the TLEP requires Council to be satisfied that the subject land has the benefit of essential services prior to issuing consent. The subject land has the benefit of services and is considered able to support the proposed development.

Clause 16 – Height Of Buildings Clause 16 of the TLEP requires development to be carried out in accordance with the height limitation plan. The subject land is identified as having a 3-storey height limitation with an objective to ensure that the height and scale of development is appropriate to its location, surrounding development and the environmental characteristics of the land. The proposed building is three-storeys and has a height of approximately 10.5m (RL16.04m AHD), which is within the prescribed height parameters.

Clause 34 - Flooding

The land is not mapped as flood liable. Clause 35 – Acid Sulfate Soils (ASS)

The land is identified as ASS Class 5. The land is identified as not requiring de-watering processes. Accordingly, an ASS management plan, prepared by Cozen Regan Williams Prove, has been provided. Council’s Environment and Health Services Unit raises no objection, subject to conditions.



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Clause 39 – Remediation of Contaminated Land

Council’s Environment and Health Services Unit has assessed the proposed development site and raises no issues in relation to site contamination.

North Coast Regional Environmental Plan (NCREP)

The development proposal is not inconsistent with the provisions of the Plan, in particular the development is not contrary to the provisions of Cl.32B as it relates to the overshadowing of open space. NSW Coastal Policy 1997

The proposed development is not considered contrary to the relevant strategic actions pertaining to the development control provisions of the Policy.

State Environmental Planning Policy (SEPP) 65 – Residential Development

In accordance with the provisions of the SEPP the applicant has provided a an assessment that addresses the 'Design Quality Principles' that includes: context, scale, built form, density, energy and water efficiency, landscaping amenity, security, social dimensions and aesthetics. The assessment presents a desirable modern development, which is in keeping with the future character of the surrounding areas. It is considered that the proposed building will integrate well into its physical surroundings providing a homogeneous built environment through appropriate urban design practices.

State Environmental Planning Policy (SEPP) 71 – Residential Development SEPP 71 was gazetted on 1 November 2002. The development is not within 100m of a sensitive coastal location. In respect of the clause 8 matters for consideration the development is considered satisfactory.


Draft Tweed Local Environmental Plan No. 46 was exhibited between 16 April 2003 and 14 May 2003 and detailed an amendment to the definition of a storey to reflect the finished ground level rather than the natural ground level in addition to incorporating that any space in excess of 4.5 metres should be categorised as two storeys. This amendment does not have an affect on the assessment of this application and would not create any area of non-compliance with the number of storeys. Having reviewed the Draft amendment it is considered that the proposed changes to the LEP do not alter the assessment or subsequent recommendation for this application.



CHAIRMAN

(a) (iii) Development Control Plans (DCP’s)

The principle development control plans governing the proposed development is DCP 2, 6 & 43. Preliminary assessment of the proposal has identified that the development is fundamentally compliant. The principle areas warranting of specific consideration are set out below. Development Control Plan No.2 – Access and Parking Off street car parking needs to be supplied in accordance with DCP2. Table 2 identifies the level of on-site parking compliance.

Table 2 Standard Requirement Complies/variation

On site car parking 1.5 per dwelling = 8

Council has also consistently applied a merit based assessment for the provision of 25% of this parking to be allocated to visitor parking.

The basement contains eight (8) unconstrained spaces, six (6) resident and two (2) visitor.

One (1) car wash down bay is provided.

This complies with the requirements of DCP No. 2.

Residential Design

Development Control Plan No.6 – Multi Dwelling Housing

Development Control Plan No.6 - Multi Dwelling Housing is inherently flexible through its substantial utilisation of performance rather than prescriptive based criteria as its means for achieving the objectives of the design parameters. The performance criteria approach is adopted in this assessment. It is noted that many development approvals for residential flat development, under DCP 6, are found not to fall within the building envelope 'example' criteria of the DCP. There are many reasons for this, including attainment of the DCP objectives through performance based design. In many instances, like this, it is considered that a balance between the general allotment size, economic viability of constructing medium sized developments and the DCP 'example' building envelope provisions does not exist, making either the acceptable solution criteria unattainable or the erection of the development economically unviable. Applying the performance techniques to the development permits a broader appreciation for different building forms and assists in maintaining the integrity of the land-use zoning under the Tweed Local Environmental Plan 2000. The assessment below considers the proposed development against specific design parameter objectives, provided in DCP 6, as a means of determining the appropriateness of the development.



CHAIRMAN

DCP 6 Design Element 3.3: Building Siting and Design Objective 1

To ensure that the height, scale and length of new developments is not excessive and relates well to the local context.

The building can be characterised as having a reasonable level of modulation over four sections, this is identified in Table 3. Table 3

Section Module Comment 1 lower

ground level comprising the podium level, boundary fencing and vegetation screening. It does not incorporate interactive street level uses but assists in maintaining a 'human-scale' in the development. façade is articulated to define entry. good opportunity for passive surveillance.

2 ground & first floors

the outer face of the building is set back from the boundary to approximately 7.5 metres to the front lift tower / screened void, 3 metres to the living areas and 1.5 metres to a portion of the dining areas. Balconies extend outward from the building to the edge of the podium level, and incorporate landscape planter boxes. sliding louvered panels enhance privacy and useability

3 second floor the screened void area situated in front of the lift tower is removed and the outer building wall is swept back either side extending at its maximum extent to 3 metres off the south-eastern boundary and 4 metres off the north-western boundary before being angled inward to a minimum distance of 4.5 metres. The central portion of the balcony, which is in line with the outer face building wall, is fully roofed with the outer edge areas having a powder coated, partially open, balustrade styled roofing. interesting façade articulation contributes to building identity.

4 roof top terrace

the fourth section is the roof top terrace. This area is predominantly setback behind the lift tower and identifiable by the glass fencing only



CHAIRMAN

The sectioning and articulation reduces the visual scale of the building and provides for improved separation and view sharing to neighbouring development. The outer walled area of the building is essentially within the central area of the site providing for a rear setback at its closest point of over 4.5 metres and a front setback to the lift well of nearly 9 metres. The building is well within the permissible 12 metre high / 3-storey building restriction. The building relates well to the street and to the neighbouring residential flat development. Recessed balconies and splayed wing walls on the upper floor reduces the length of un-broken walls. Objective 2

To encourage design which creates desirable living conditions and ensures that the amenity of surrounding properties is properly considered.

The standard of functional design and liveability in modern residential flat buildings is exceptionally high and the proposed building is no exception. It provides for extensive views from each of the five units and incorporates generous amounts of external private open space areas via balcony / terraced areas. There is generous setback from neighbouring development that maintains a good level of privacy and view sharing, this is reinforced through the provision of adjustable screening devices. The buildings design provides maximum user benefit without severely impacting neighbouring developments. Whilst overshadowing is inevitable, the extent provided by the development is not considered excessive for this type of development, this is assisted by the overall design. Objective 3

To allow flexibility in the siting of buildings and the provision of side and rear setbacks.

The proposed development is fundamentally centrally located. Generous setbacks are provided to the front and rear of the building. Side setback is maintained to the outer face of the building wall, except for a small area of the dining areas of Units 1-4. The area of encroachment is minimal and will not result in significant loss of amenity. No windows or openings are located on the areas of encroachment. The area of encroachment provides an external benefit by contributing to the visual interest of the building design. Objective 4

To allow adequate natural light and ventilation between dwellings.



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The development provides good separation to the neighbouring residential flat developments. Acceptable levels of natural light and ventilation will be maintained. It is considered that the proposed development attains the objectives of the building siting and design section of the DCP. The height, scale and articulation of the building are satisfactory. DCP 6 Design Element 3.2: Streetscape Objective 1

In developed areas, to ensure that new development enhances and makes a positive contribution to the character of existing streetscapes or desired future character of the area.

Many residential flat developments have been approved and erected in the Kingscliff locality, with varying levels of successful integration and streetscape contribution. The proposed development is considered to have a number of positive elements that lead to attainment of the objective, they are summarised in Table 4. Table 4 Scale The development by design maintains a human scale, i.e. it

is not overbearing at the street level, it does not present to the street as bulky or over bearing. The building design provides good a level visual interest.

Design The design of the building incorporates a feature / symmetry of marine vessels 'ocean liners' in its curved design that provides a visual link to its ocean / beach side setting.

Amenity The building provides generous setbacks to neighbouring developments that maintain good view sharing, venting and amenity.

Aesthetics The development allows for a well proportioned area of open landscaping.

Context The setback provision is not dissimilar to the neighbouring residential flat developments, and those in Kingscliff generally.

Objective 2

In new areas, to ensure that new development establishes appropriates and attractive streetscapes which reinforces the function of the street and is sensitive to the landscape and environmental conditions of the locality.



CHAIRMAN

The development is considered to provide a contribution to the streetscape, establishes a visual connection through design with its location and provides a satisfactory level of landscaping. Objective 3

To encourage the creation of attractive, well design residential development.

The proposed development has a high level of design merit and is considered to be amongst some of the better designs approved and erected in the locality. The building has an attractive, spaciously responsive, presentation. Objective 4

To allow flexibility in design and use of materials while encouraging high architectural standards.

As discussed in this report, the development is considered to be of a high architectural standard. It utilises a range of modern technologies and materials. The development attains the objectives of the streetscape section of the DCP with respect to setback, bulk, scale, amenity and design. Development Control Plan no.43 - Kingscliff Development of the subject land is guided, in part, by the site area specific DCP 43 for Kingscliff. The site is identified within the 'northern-precinct'. The two most relevant objectives of Section 6 of the DCP, as it relates to Kingscliff North Precinct, are:

• Facilitate the redevelopment of Marine Parade as a medium density housing area with a distinctive building aesthetic which reflects the coastal location and improves the streetscape quality.

• Facilitate the gradual redevelopment of Kingscliff and Pearl Streets

for medium density housing which improvers streetscape quality and respects the dominantly low key residential character of these streets.

The subject land is in close proximity to Marine Parade and is visually prominent from this vantage. Momentum in the redevelopment of Kingscliff Street, particularly in the vicinity of the subject land, has been quickening in recent times with similar like developments already erected or underway. It is considered that the subject proposal provides a positive contribution to the streetscape. Its design is generally contemporary but it has characteristics of earlier art deco styled 'ocean liner' building designs that capture the spatial



CHAIRMAN

marine context and location of the site. This in itself provides contrast to the design of neighbouring residential flat development without compromising the buildings assimilation into the streetscape. Development Control Plan No.39 – Energy Efficient Housing

The applicant has submitted a NatHERS certificate for the proposed development that outlines compliance with the requirements DCP 39 as shown in Table 5.

Table 5 Standard Requirement Proposal Complies

Unit Energy rating 3.5 stars minimum All units 3.5 Stars YES

Development Control Plan No. 47 – Cut & Fill The plan limits the depth of cut and fill to 1m unless it can be demonstrated that the earthworks are compatible with the natural landform and will not adversely affect adjoining properties while achieving the objectives of the plan. The proposed development involves excavation for the basement and will extend beyond 1 metre, however this is considered consistent with recently approved developments. The applicant has substantiated the request with an erosion and sediment control plan, and a stormwater management plan that have been assessed and considered appropriate. Council’s Environmental Health Officer, Council’s Infrastructure Engineers and Council’s Building Surveyor have all reviewed these plans, with no objections raised subject to the recommended conditions of consent. In all other regards the applicant provides that appropriate measures will be in place to ensure that the proposal is consistent with the objectives of the plan. Appropriate conditions of consent are provided.


The development application has been prepared and assessed in accordance with all relevant provisions, and is considered satisfactory. The subject land is affected by the Coastal Policy 1997. The proposed development is not considered to be in conflict with the policies and strategies contained in the Policy.

(b) The likely impacts of the development and the environmental impacts on both the natural and built environments and social and economic impacts in the locality



CHAIRMAN

The proposed development is not considered likely to have an adverse or significant impact upon the natural and built environment, socially or economically in the locality. Table 6 summarises some of the issue raised in this report. Table 6

CCrriitteerriiaa CCoommmmeenntt

Compatibility with Adjoining Land Uses

The subject land is located in an area designated for high density urban living. Redevelopment of the area is well underway. The proposed development is consistent with the emerging built character of the area.

Bulk Scale & Design As discussed in this report, the development is considered to attain the objectives of the relevant planning provisions for the area. The development is not considered likely to have any significant adverse impacts.

View Loss The proposed development is considered to maintain a good level of view sharing with neighbouring development. View corridors direct to the ocean foreshore are largely unaffected.

Privacy The proposed development incorporates balconies at every level of the building with various types of adjustable and fixed screening devices. Internal and external privacy is considered good.

Traffic/Access The application proposes to service the basement via Kingscliff Street. The basement has been designed with a combined ingress and egress point, which is considered appropriate for the subject site. The driveway grade conforms to the required standard and Council’s Engineering Services Unit raises no objection to the development.



CHAIRMAN


The proposed development is to be carried out upon land that is suitable for medium density purposes and has been zoned as such under Tweed LEP 2000. The proposed design and configuration of the development is considered consistent with the surrounding land use character and pattern. The suitability of the site for the purposes of the proposed development has been demonstrated by way of attainment and consistency with the relevant statutory and non-statutory guidelines applying to the site.

(d) Any submissions made in accordance with the Act or Regulations

The development application was publicly notified from 30 July to 13 August 2003. No submissions were received. The review of determination, pursuant to cl.82A(4)(a) of the Act, was publicly notified from 7 April to 23 April 2004. One submission was received. The issue raised in the submission relates to the placement of building materials and the like being placed outside the property boundary and restricting pedestrian access. In this regard it is noted that all development consents, where necessary, include a condition restricting works and material beyond the property boundaries. Appropriate conditions of consent are provided.

(e) Public interest

The development as proposed is not considered contrary to the public interest.

OPTIONS: 1. Overrule the refusal determination of 25 September 2003 by approving the

development as originally proposed and impose conditions of approval, as provided.

2. Uphold the determination of 25 September 2003 by reaffirming the refusal of

Development Application DA03/0995, for the reasons as originally given. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Should the applicant be dissatisfied with the decision they have the right of appeal in the NSW Land and Environment Court. POLICY IMPLICATIONS: Nil.



CHAIRMAN

CONCLUSION: The review of determination is based on number of performance aspects of the development. Upon further consideration of the merits of the proposal, including further consultation with the project architect , it is considered that the application is satisfactory. As such it is recommended that the application be approved. UNDER SEPARATE COVER:

1. Development Assessment Panel Report of 24 September 2003. (DW 952893) 2. Photograph of existing site illustrating neighbouring development. 3. Photomontage of proposed development 4. Comparison of front elevations: proposed Vs approved development.



CHAIRMAN

REPORTS FROM EXECUTIVE MANAGER - OFFICE OF THE GENERAL MANAGER

8 [OGM] First Round Donations 2004/2005 - Donations Policy ORIGIN:

Administration Services SUMMARY OF REPORT:

Tweed Shire Council recognises a need to assist non-profit community groups, organisations and individuals who are interested in and working towards the enhancement and the well being of its residents and the Shire. Therefore, applications for financial assistance under Council's Donations Policy were sought and are now submitted for Council's determination. RECOMMENDATION:

That Council determines the distribution of funds for the first round of donations in accordance with the adopted Policy and the funds voted in the 2004/2005 Budget.



CHAIRMAN

REPORT:

Council at its meeting held on 17 March 1999 adopted the Donations Policy. As a result of the Policy, the first round of applications for 2004/2005 have been received and are now documented for Council’s consideration. The following application criteria is to be used to determine applications: • No financial assistance will be given to privately owned businesses/companies. • Organisations must be Tweed based or the funds are to be used on a service or

activity for Tweed. • No financial assistance will be given to Government Departments or agencies or for

support of Government owned facilities. • No financial assistance will be given to sporting organisations as these organisations

have ample other avenues for financial assistance. • The funds are not to be used for a social activity for members of the organisation

exclusively. The 2004/2005 Budget allocation for donations is $20,000.00, of this amount $200.00 (for the Arthritis Foundation) has already been allocated which leaves a balance of $19,800.00. However, only 70% of these funds ($13,860.00) are to be allocated in the first round.

Applicant Donation Requested

Purpose

AVCGA Kingscliff Flotilla $700.00 To replace 2 radios in the tower & install a UHF radio in new rescue vessel

Blind & Vision Impaired Support Group NSW Far North Coast Inc.

$1,850.00 Volunteers expenses

Burringbar School of Arts Hall

$2,000.00 To purchase 8 trestle tables & 100 stackable chairs

Burringbar Village Arts Centre

$500.00 For painting and purchase of tables, chairs and lighting

Cabarita Beach Surf Lifesaving Club Inc.

$2,000.00 Reimbursement of expenses incurred to date for maintaining equipment

Caldera Environment Centre Inc.

$1,950.00 To purchase laptop computer

Cabarita Beach Surf Lifesaving Club Inc.

$2,500.00 To assist with costs of the annual raft race and family picnic day - early January 2005

Joey's Pouch Educational Childcare Centre Inc.

$2,000.00 To paint interior walls of playrooms and bathrooms

Kids in Need $3,000.00 Running of the Kids in Need Dragon Boat Day Kingscliff Mini School Inc. $1,190.00 To purchase & erect shade sail over section of

outdoor area Koala Wanderers - Tweed Valley Inc.

$2,000.00 Maintenance of 1st International accredited long distance walking track



CHAIRMAN


Purpose

Lions Club of Kingscliff Inc. $700.00 'Carols by the Beach' - December 2004 Mr Warning Community Preschool

$2,000.00 Needed for maintenance to Council owned building

Murwillumbah Masonic Centre

$2,000.00 Replace legs on 10 tables used in hall

Murwillumbah Musicians Club

$2,000.00 Event at the Tweed Show called "Musical In Tent"

Murwillumbah Nursing Home Auxiliary

$2,000.00 Contribution towards new bus

Murwillumbah SDA Friendship Club

$1,738.00 To purchase laptop and multi-function centre

Murwillumbah Uniting Church Preschool

$500.00 Funds to help the development of a tricycle track in the preschool grounds

Northern Rivers Area Health Service - The Tweed Hospital

Unspecified Funds to be applied to improve signage & amenity of river front reserve adjacent to the hospital

Northern Rivers ME/CFS/FM Support Association Inc.

$2,000.00 To establish a fund to provide assistance for sufferers of chronic fatigue syndrome

Parkin, Denise $2,000.00 To purchase laptop computer to conduct field surveys

Pottsville Beach CTC Inc. $2,000.00 To provide free school holiday activities for children 7 to 16

Pottsville Community Association Inc.

$450.00 Assist with carrying out community support activities

Pottsville Community Pre-School Inc.

$2,000.00 Funds to assist with much needed storage space, eg. shelves, lockers, etc.

Pottsville & District RSL Sub Branch

$1,000.00 To assist Day Care Club with rent

Pottsville Playgroup $965.00 For sand pit cover and self-closing gate with safety latch

Rosellas Children's Centre Inc.

$2,000.00 Needed for repairs to verandah roof to allow outdoor play for children

St Joseph's Community Centre

$2,000.00 Costs associated with the running of the empowerment expo for disadvantaged young people

Tsunami Judo Club, Tweed Heads

$14,200.00 Sponsorship of the 2005 Australian Kodokan Judo Championships.

Tweed Combined Country Halls Association Inc.

$1,000.00 To assist with liability insurance required for volunteers & assist with running of Final Ball

Tweed District Safety House

$2,000.00 Contribute to the ongoing cost of running Safety House

Tweed Parkinson's Support Group

Unspecified To purchase a modem and printer

Tweed Theatre Co Inc. $2,000.00 To assist with purchase of head microphones for singers and actors

Tweed Valley College $12,500.00 Sponsorship of Community Carols by



CHAIRMAN


Purpose

Candlelight on 12 December 2004 Tweed Valley Masonic Welfare Association

$2,000.00 On-going support for students through Smith Family Program, provision of social-academic bursary, educational opportunity and citizenship awards

Twin Towns & District Garden Club Inc.

$410.00 To assist with expenses associated with the stage of 11th Annual Flower Show

Twin Towns Friends Association Inc.

$2,000.00 Request an annual $2,000.00 donation towards the administration and running costs of the Association

Tyalgum Literary Institute $2,000.00 Painting the stage and internal walls of hall Uki Village & District Residents Association Inc.

$700.00 Purchase 2 bench seats for front of Uki Hall

View Clubs of Australia $2,000.00 To celebrate International Women's Day - March 2005

Westpac Life Saver Rescue Helicopter

Unspecified Contribution towards the operation of the Westpac Life Saver Rescue Helicopter service

TOTAL $85,853.00 The approximate amount requested for the first round of donations for 2004/2005 is $85,853.00. Under Council’s Donations Policy the following amounts were distributed in 2003/2004: 1st Round:

Applicant Resolved Amount

Gumnut Community Preschool Inc. Burringbar $2,000.00Kingscliff Mini School $457.50Burringbar School of Arts $1,700.00Murwillumbah Primary School $215.00Tweed Palliative Support Inc Murwillumbah $1,000.00Volunteer Marine Rescue Point Danger Association Inc. $287.50Blind Citizens Australia – Tweed Valley Branch $2,000.00Tweed Valley CTC – Uki centre $110.00Community Care Register for Old People (Council to look at what “in kind” support can be given (Tweed Link) to value of $200.00.

$500.00$200.00

Gold Coast Soccer Inc. $250.00Pottsville Beach Neighbourhood Centre $1,480.00Chillingham CTC $1,800.00 $12,000.00



CHAIRMAN

2nd Round:

Applicant Resolved Amount

Cooloon Children's Centre Inc. $1,500.00Netball Queensland $2,000.00Tweed River Historical Society Inc. $1,500.00Twin Towns Family History Group Inc. $1,750.00Twin Towns Friends Association Inc. $1,500.00 $8,250.00

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: 2004/2005 Budget allocation for donations is $20,000.00. Expenditure to date is $200.00. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER:

1. AVCFA Kingscliff Flotilla (DW1069804). 2. Blind & Vision Impaired Support Group NSW Far North Coast Inc. (DW1067860). 3. Burringbar School of Arts Hall (DW1069801). 4. Burringbar Village Arts Centre (DW1071533). 5. Cabarita Beach Surf Lifesaving Club Inc. (DW1071455). 6. Cabarita Beach Surf Life Saving Club Inc. (DW1070798) 7. Caldera Environment Centre (DW1071532). 8. Joey's Pouch Educational Childcare Centre Inc. (DW1071456). 9. Kids in Need (DW1071459). 10. Kingscliff Mini School Inc. (DW1070797). 11. Koala Wanderers - Tweed Valley Inc. (DW1072150). 12. Lions Club of Kingscliff Inc. (DW1068651). 13. Mt Warning Community Preschool (DW1071531). 14. Murwillumbah Masonic Centre (DW1067861). 15. Murwillumbah Musicians Club (DW1065418). 16 Murwillumbah Nursing Home Auxiliary (DW1065419). 17. Murwillumbah SDA Friendship Club (DW1069808). 18. Murwillumbah Uniting Church Preschool (DW1070892). 19. Northern Rivers Area Health Service (DW1057928). 20. Northern Rivers ME/CFS/FM Support Association Inc. (DW1071457). 21. Parkin, Denise (DW1070891). 22. Pottsville Beach CTC Inc. (DW1068652). 23. Pottsville Community Association Inc. (DW1069803). 24. Pottsville Community Pre-School Inc. (DW1069807). 25. Pottsville & District RSL Sub Branch (DW1052034). 26. Pottsville Playgroup (DW1072147). 27. Rosellas Children's Centre (DW1071529). 28. St Joseph's Community Centre (DW1071461).



CHAIRMAN

29. Tsunami Judo Club, Tweed Heads (DW1077095) 30. Tweed Combined Country Halls Association Inc. (DW1070796) 31. Tweed District Safety House (DW1035781). 32. Tweed Parkinson's Support Group (DW1071458). 33. Tweed Theatre Co Inc. (DW1072149). 34. Tweed Valley College (DW 1080758) 35. Tweed Valley Masonic Welfare Association (DW1067410). 36. Twin Towns & District Garden Club Inc. (DW1070793). 37. Twin Towns Friends Association Inc. (DW1069806). 38. Tyalgum Literary Institute (DW1071460). 39. Uki Village & District Residents Association Inc. (DW1072859). 40. View Clubs of Australia (DW1053378). 41. Westpac Life Saver Rescue Helicopter (DW1045923).



CHAIRMAN

9 [OGM] First Round Donations 2004/2005 - Festivals Policy ORIGIN:

Administration Services SUMMARY OF REPORT:

Tweed Shire Council recognises a need to assist non-profit community groups and organisations, individuals who are interested in and working towards the enhancement and the well being of its residents and the Shire. Further to the adoption of Council's Policy on Festivals, applications were sought and are now submitted for Council's determination. RECOMMENDATION:

That Council determines the distribution of funds for the first round of donations to Festivals in accordance with the adopted policy and the funds voted in the 2004/2005 Budget.



CHAIRMAN

REPORT:

Council, at its meeting held on 21 April 1999, adopted the Festivals Policy. As a result of the Policy, the first round of applications for 2004/2005 have been received and are documented for Council’s consideration. The following application criteria is to be used to determine applications: • No financial assistance will be given to privately owned businesses/companies. • Organisations must be Tweed based or the funds are to be used on a service or

activity for Tweed. • No financial assistance will be given to Government Departments or agencies or for

support of Government owned facilities. • No financial assistance will be given to sporting organisations as these organisations

have ample other avenues for financial assistance. • The funds are not to be used for a social activity for members of the organisation

exclusively. The 2004/2005 Budget allocation for festivals is $33,990.00, of this amount $7,500.00 (for the 2004 Wintersun Festival) has already been distributed, which leaves a balance of $26,490.00. However, only 70% of these funds ($18,543.00) are to be allocated in the first round.

Applicant Amount Requested

Purpose

Greenback Tailor Fishing Competition Inc.

$2,500.00 Annual fishing competition for Greenback Tailor

Tweed Coast Outriggers Regatta

$2,000.00 "Spirit of Tweed" Outrigging Regatta in May 2005

Tweed Shire Senior Citizen's Week Committee 2005

$4,500.00 To assist with costs of facilitating Senior's Expo in May 2005

Tweed Valley Banana Festival

$8,500.00 To assist in covering this year's administrative costs

Tyalgum Diggers Sports Association

$5,000.00 To assist with the running of Tyalgum Diggers Sports

Volunteer Marine Rescue Point Danger Association Inc.-Fishing Festival

$2,000.00 For costs associated with the running of the 2005 Fishing Competition

TOTAL $24,500.00 The total amount requested for Festivals in the first round of donations for 2004/2005 is $24,500.



CHAIRMAN

In the 2003/2004 Budget for Festivals, funds were distributed as follows:

Festival Allocation Date Held/Proposed

to be Held

Reported to Council

CWA of NSW Mbah Evening $2,500.00 Sep 2004 Not yet held Kingscliff Beachside Festival $4,500.00 21-23/5/04 Not yet held Murwillumbah & District Senior Citizen's Week Committee

$4,500.00 6/5/04 20/5/04

Speed on Tweed $4,500.00 Sep 2004 Not yet held Twd Byron Local Aboriginal Land Council

$2,000.00 Jul 2004

Tweed Coolangatta Chess Club $500.00 Oct 2004 Not yet held Tweed Valley Banana Festival $8,500.00 Aug 2003 23/7/04 Tyalgum Festival Committee Inc. $4,000.00 Sep 2004 Not yet held Wollumbin Dreaming Inc. $2,500.00 Sep 2004? Not yet held

TOTAL $33,500.00 On 9 July 2004, Council wrote to Speed on Tweed, Tyalgum Festival Committee and Wollumbin Dreaming Inc, reminding them that a condition of Council's funding assistance is the provision of a financial statement to account for donation expenditure. These organisations were given until 23 July 2004 to provide that statement for the 2003/2004 period. The following organisations have complied: 1. Tweed Valley Banana Festival - advised in writing (copy attached) that "funding

covered insurance and portion of the stationary & postage expenses." 2. Tyalgum Festival Committee Inc. - provided a statement of expenditure (copy

attached) for the 2003 Tyalgum Festival of Classic Music. 3. Wollumbin Festival - provided 2003 Festival report and the financial statements for

the 2003 financial year. 4. Speed on Tweed - provided a financial statement and auditors report as at 30 June

2004 for event covering 2002 and 2003 donations. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: 2004/2005 Budget allocation for festivals is $33,990.00. Expenditure to date is $7,500.00. POLICY IMPLICATIONS: Nil.



CHAIRMAN


1. Greenback Tailor Fishing Competition Inc. (DW1069802). 2. Tweed Coast Outriggers (DW1069805). 3. Tweed Coolangatta Chess Club (DW1082886). 4. Tweed Shire Senior Citizen's Week Committee 2005 (DW1069304). 5. Tweed Valley Banana Festival (DW1072148). 6. Tyalgum Digger Sports Association (DW1072860). 7. Tyalgum Festival Committee Inc. (DW1070795). 8. Volunteer Marine Rescue Point Danger (DW1071768). 9. Wollumbin Festival (DW1071530).



CHAIRMAN

10 [OGM] 2004/2005 Financial Assistance Grant ORIGIN:

Financial Services SUMMARY OF REPORT:

The NSW Minister for Local Government, the Honourable Tony Kelly MLC and the Commonwealth Minister for Local Government, Territories and Roads, the Honourable Jim Lloyd MP, have approved the recommendations of the NSW Local Government Grants Commission for the 2004-05 financial assistance grants. The 2004/05 grant of $6,901,968.00 was a 5.7% increase on the 2003/04 grant. Tweed Shire received the largest NSW increase for the category of Urban Large/Very Large Local Government Authority. RECOMMENDATION:

That : 1. This report be received and noted. 2. The Financial Assistance Grant adjustments be included in the September

Quarterly Budget Review.



CHAIRMAN

REPORT:

Background: Local government financial assistance grants are general purpose grants that are paid to local councils under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995. This legislation also details how the total amount of grant funds is determined and how the funds are to be distributed between states. Each state and the Northern Territory must have a Local Government Grants Commission for it to receive funding. It is the responsibility of each Grants Commission to make recommendations on the allocation of grants in their state. In NSW the Grants Commission makes recommendations to the Minister for Local Government. If accepted the recommendations are referred to the Commonwealth Minister for Local Government, Territories and Roads for final approval. The estimated national entitlement for 2004-05 is over $1.547 billion. This is made up of a general purpose component ($1.072 billion) and a local roads component ($476 million). The general purpose component is distributed on the basis of each state’s share of the national population. NSW receives $359.9 million, or about 33.6%. With the general purpose component the Grants Commission attempts to assess the extent of relative disadvantage between councils. The approach taken considers cost disadvantage in the provision of services on the one hand and an assessment of revenue raising capacity on the other. The grants methodology is objective and excludes, as far as practicable, council’s policies and practices. The local roads component, of which NSW receives $138 million, or 29% is assessed on the basis of council’s proportion of the state’s population and the length of local roads and bridges. Although there are two separately identified grant components, the total funds are paid to councils as unconditional grants. The local council has complete autonomy in deciding how the funds should be spent. The 2004-05 entitlement to Tweed Shire Council is $6,934,151. However, an overpayment occurred in 2003-04 because the actual increase in the consumer price index for the year March 2004 and the State’s share of the national population varied from the Commonwealth estimates on which the 2003-04 entitlements were based. The amount to be deducted from the above 2004-05 entitlement is $32,183.



CHAIRMAN

2004-05 Payment Component Budget Actual Variation General Purpose 5,248,000 5,240,697 (7,303)Local Roads 1,646,000 1,661,271 15,271 6,894,000 6,901,968 7,968 It is worthy of note that two of the five councils in the urban regional large and very large groups showed above average increases in grant funds. Tweed Shire received the highest increase of 5.7%. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: As discussed in the report. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER:

Nil.



CHAIRMAN



CHAIRMAN

REPORTS FROM DIRECTOR ENGINEERING AND OPERATIONS

11 [ES] Naming of Park - Dulguigan ORIGIN:

Recreation Services SUMMARY OF REPORT:

At its meeting held 7 July 2004, Council considered a report regarding the naming of an area in Dulguigan Knight Family Park. Council resolved:

“That this item be deferred to undertake further investigation as to the naming of this park.”

This report details the results of the investigation. RECOMMENDATION:

That Council names the area adjoining Pat Smith Park, Dulguigan, "Knight Family Park" and erects signage.



CHAIRMAN

REPORT:

At its meeting held 7 July 2004, Council considered a report regarding the naming of an area in Dulguigan ‘Knight Family Park’. Council had previously resolved to call for comment regarding the proposed naming and had received one (late) submission from Mr Alf Colefax suggesting the park should be named “Alf Colefax Park” as he had dedicated the subject site. Council subsequently resolved:

“That this item be deferred to undertake further investigation as to the naming of this park.”

Research into the history of the subject land revealed the following: The road reserve was previously a public reserve vested in Council as Lot 13 in DP 793306 when the plan was registered in November 1989. DP 793306 was a plan of subdivision of several parcels in Urliup/Dulguigan by Mr A Colefax. The dedication of the public reserve was imposed by Condition 9 of Consent GS4/88/127 300 issued to Brown & Pluthero Pty Ltd, acting for Mr Colefax, on 8 February, 1989. A title deed was issued on 22 November, 1989 for Lot 13 showing Tweed Shire Council as the registered proprietor with Caveat K200000P registered against it by the Registrar General forbidding unauthorised dealings with public reserves. A similar caveat was lodged against all titles for public reserves prior to the implementation of the Local Government Act, 1993 to preserve them for community purposes. When the Local Government Act, 1993 was enacted, new provisions in relation to the ownership of land by local Councils required the classification of all land held by them. On 2 March, 1994 Council resolved to classify all land held by Council and, more relevantly, resolved to dedicate a list of parcels as public road. Lot 13 in DP 793306 was included in that list, gazettal of the dedicated occurred on 11 November, 1994. Copies of the following documents follow at the end of this report:- 1. Cancelled Certificate of Title Folio Identifier 13/793306; 2. Consent GS4/88/127 300; 3. Council resolution of 2 March 1994; 4. Gazettal of dedication as road dated 11 November, 1994; and 5. DP 793306 showing Lot 13.



CHAIRMAN

Comment Council’s policy for Public Reserves – naming states:

a) “Public reserves should be given names of historical and/or Aboriginal significance or the names of eminent persons, past or present, may be used.

b) Proposals for naming public reserves shall be advertised for 21 days for public comment.”

As noted above, the subject land was dedicated to Council as a condition of consent related to a subdivision. There is no indication on the file as to the circumstances of the dedication. Council regularly receives the dedication of lands as components of subdivisions for various purposes. It may be considered that the dedication of lands in these circumstances is generally more a consequence of the subdivision than a magnanimous gesture deserving recognition through naming. The Tweed River Historical Society and the Lower Tweed River Historical Society have endorsed the proposed naming of the area as “Knight Family Park” confirming the historical contribution of the Knight family to the Shire and hence consistency with Council’s policy. Should Council wish to consider the naming of the subject site after Mr Colefax, It may consider first requesting information as to the consistency with Council’s naming policy and comment from the historical societies. Consequently, Council may consider the following options:- 1. That Council name the area adjoining Pat Smith Park, Dulguigan, “Knight Family

Park” and erect signage. 2. Contact Mr Colefax requesting information as to the consistency of the proposal to

name the subject site after himself with Council’s naming policy. The Historical societies also to be contacted for comment.



CHAIRMAN



CHAIRMAN


Nil.



CHAIRMAN



CHAIRMAN

12 [ES] Sub-Committees of Council: Clarrie Hall Dam Fishery Management Committee

ORIGIN:

Water SUMMARY OF REPORT:

Expressions of Interest calling for nominations for inclusion on sub - committees of Council have been advertised. RECOMMENDATION:

That Chris Estreich and Col Wiley from the Australian Bass Association Inc and a representative from the New South Wales Fisheries have their committee membership to the Clarrie Hall Dam Fishery Management Committee renewed.



CHAIRMAN

REPORT:

Council at its meeting of 5 May 2004 resolved to call for Expressions of Interest from current and other interested representatives to the membership of various sub – committees operating within Council’s structure. The call for Expression of Interest was duly advertised in the Tweed Link. In response to Council’s resolution formal advice was forwarded to existing members of the Clarrie Hall Dam Fishery Management Committee advising of Council’s resolution and requesting their consideration to nominate for Committee membership renewal. Nominations to the Committee have been received. The Australian Bass Association Incorporated have nominated Chris Estreich and Col Wiley as their representatives on the Committee along the New South Wales Fisheries nominating a representative from that Authority. The nominations received from the above groups have filled positions on the Clarrie Hall Dam Fishery Committee since its conception and have made a positive contribution to the management of the dam waterways. It is recommended that Chris Estreich and Col Wiley from the Australian Bass Association Inc and a representative from the New South Wales Fisheries have their membership to the Clarrie Hall Dam Fishery Management Committee renewed. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER:

Nil.



CHAIRMAN

13 [ES] Murwillumbah Town Clock ORIGIN:

Director SUMMARY OF REPORT:

Advice has been received from The Rotary Club of Murwillumbah Central Inc., that representatives of Murwillumbah's 3 rotary clubs have met regarding refurbishment of the town clock. This refurbishment is scheduled for completion in time for Rotary's centenary celebrations in February 2005. RECOMMENDATION:

That Council assists Murwillumbah's 3 rotary clubs in the refurbishment of the town clock in time for Rotary's centenary celebrations in February 2005 as follows:- 1. Provides labour and traffic control when the clock is dismantled in

November 2004 and reinstalled in January 2005 and repainting of the pole prior to reinstallation.

2. $500 per annum be provided by Council to Ingrams Clocks to cover the

annual rental fee for operation of the automated mechanism. 3. Rotary be given in principle support for the Rotary emblem to be mounted

around the clock casing subject to approval of the design plan by the Director Engineering and Operations.



CHAIRMAN

REPORT:

Advice has been received from The Rotary Club of Murwillumbah Central Inc., that representatives of Murwillumbah's 3 rotary clubs have met regarding refurbishment of the town clock. This refurbishment is scheduled for completion in time for Rotary's centenary celebration in February 2005. Several options are currently being pursued by Rotary for restoration of the town clock. One option is to upgrade the mechanisms and install a new electronic 'brain' at an approximate cost of $7,000 through Ingrams Clocks. A new clock is priced at $11,850. An optional extra is to install an automatic time correction mechanism that operates on a time signal from Brisbane which automatically corrects the time, changes for daylight saving and restarts it on the correct time after power outages. For such an automated mechanism there is an annual rental fee of $500. Rotary is unable to fund this and is requesting that Councill accept $500 as an ongoing yearly operating cost. Rotary is also requesting the assistance of Council for:- 1. Disconnection and removal the current clock and reinstallation when it is

refurbished. 2. Repainting of the pole before reinstallation of the clock. 3. Traffic control at the time of removal and reinstallation. It is requested that Council give permission for the Rotary wheel (emblem) to be mounted around the clock casing, similar to the picture below:-



CHAIRMAN

To ensure that this upgrade is complete in time for the centennial celebrations in early February 2005 the clock would need to be dismantled by early November 2004 and reinstalled in January 2005. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: $500 per annum as an ongoing rental cost for upkeep of the timing mechanism of the refurbished town clock. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER:

Nil.



CHAIRMAN



CHAIRMAN

14 [ES] Byangum Bridge Removal ORIGIN:

Works SUMMARY OF REPORT:

Generally with the construction of a new concrete bridge the old timber bridge is removed completely. The old Byangum Bridge is downstream of the new one and has a lot of historical significance. It is proposed to remove only the centre spans of the old bridge for navigation purposes and to provide pedestrian access to the remaining sections. RECOMMENDATION:

That Council agrees to the retention of sections of the existing Byangum Bridge for historical reasons and tourist and recreation facilities.



CHAIRMAN

REPORT:

Generally with the construction of a new concrete bridge the old timber bridge is removed completely. The old Byangum Bridge is downstream of the new one and has a lot of historical significance. It is proposed to remove only the centre spans of the old bridge for navigation purposes and to provide pedestrian access to the remaining sections. The cost to retain the existing sections as a pedestrian facility would be minimal. The concrete headstocks on the piers still have holes that were drilled during WWII to allow the bridge to be blown up in the event of an invasion. There is also anecdotal evidence that boats were stored on the southern side of the bridge to deter the invaders from crossing the river by boat. It is proposed to provide some form of information shelter on the northeastern park area and to ultimately embellish the area as a park with a sealed car parking area. For further information please refer to the sketch following at the end of this report.



CHAIRMAN



CHAIRMAN


Nil.



CHAIRMAN

15 [ES] Acquisition of Land for Compensation Purposes - Lighthouse Parade, Fingal Head

ORIGIN:

Design FILE NO: R1080 SUMMARY OF REPORT:

At its meeting held on 21 July, 2004 Council resolved to dedicate Lot 1 in DP 1052036 as road following the acquisition by Council of the parcel at Fingal Head to facilitate the construction of footpath and road widening. Council also compulsorily acquired Lot 2 in the same plan and is now the registered proprietor. Lot 2 was acquired, being part of the road reserve of Lighthouse Parade, as compensation to the landowner for the acquisition of Lot 1. To enable the application for the acquisition of Lot 2 to proceed with the Department of Local Government, it is necessary to resolve to acquire Lot 2 under the provisions of the Land Acquisition (Just Terms Compensation) Act, 1991. Following approval from the Department, Lot 2 will then be transferred to the affected landowner as compensation. RECOMMENDATION:

That Council approves:- 1. The acquisition of Lot 2 DP 1052036 under the provisions of the Land

Acquisition (Just Terms Compensation) Act, 1991 and thence transfer Lot 2 DP 1052036 to the owners of Lot 3 in DP 1052036 as compensation for the acquisition of Lot 1 in the same plan for road purposes; and

2. All necessary documentation be endorsed under the Common Seal of

Council.



CHAIRMAN

REPORT:

As per Summary of Report. A copy of DP 1052036 follows this report:-



CHAIRMAN


Nil.



CHAIRMAN



CHAIRMAN

16 [ES] New South Wales Coastline Cycleway Project ORIGIN:

Works SUMMARY OF REPORT:

Council has received an offer of funding under the Coastline Cycleway Grant Scheme 2003/2004 of $125,850. The grant is on a dollar for dollar basis and is for the construction of a cycleway from the northern boundary of SALT to Marine Parade, Kingscliff. It is suggested that Council allocates matching funds of $125,850 from the Section 94 Cycleways Plan which currently has a balance of $210,263. RECOMMENDATION:

That Council:- 1. Accepts the Coastline Cycleway Grant offer for the sum of $125,850 to

construct a cycleway from the northern boundary of SALT to Marine Parade, Kingscliff.

2. Allocates and votes the sum of $125,850 from Section 94 Cycleway Funds

to match the Coastline Cycleway Grant in (1) above.



CHAIRMAN

REPORT:

The NSW Government, through the Department of Infrastructure and Planning, has agreed to assist in the funding of a coastline cycleway ultimately extending from the Victorian border to the Queensland border and generally following the coastline. A submission was made for funding and as a result Council has been offered the sum of $125,850 on a dollar for dollar basis to construct an extension of the cycleway from the northern end of the SALT development to Marine Parade, Kingscliff (as shown on figure below):-



CHAIRMAN



CHAIRMAN

It should be noted that the cycleway is shown on the south eastern side of Cudgen Creek to the proposed bridge site to Marine Parade. If this site is not selected as the ultimate pedestrian cycleway crossing of Cudgen Creek it is within the guidelines for the above grant to relocate the cycleway to the north western side of Cudgen Creek. A requirement of the grant is that work starts within 90 days and is completed within 2 years of acceptance. Therefore any delays on the selection of the crossing point of Cudgen Creek should not impact on the grant as the section from SALT through Lot 500 to the existing bridge can be constructed and then the project halted until the alignment of the crossing is determined. The coastline cycleway fits very closely with Council's Section 94 Cycleway Plan and grants under this scheme will enable Council's cycleway network to be accelerated. It is proposed that Council's matching funds of $125,850 be allocated from Section 94 funds for cycleways which has a current balance of $210,263. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: The financial implications for Council are that an allocation of $125,850 needs to be made from the Section 94 Cycleways Plan to match the Coastline Cycleway Grant. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER:

Nil.



CHAIRMAN

17 [ES] Cudgen Creek Pedestrian Bridge Options Report ORIGIN:

Design SUMMARY OF REPORT:

At its meeting of 5 May 2004, Council considered a report relating to the construction of a footbridge across Cudgen Creek, Kingscliff and resolved:-

“That Council:- 1. Advises the Ray Group that a contribution to Council of $450,000 prior to

the linen plan release of SALT Stage 2 would fulfil the requirements of Condition No. 122 of the SALT consent.

2. Proceeds immediately to finalise design and obtain development consent for a stand alone pedestrian/cycleway link across Cudgen Creek immediately upstream of the Marine Parade ramp to Sutherland Point.

3. Receives a further report in regard to (2) above on detailed funding options when a final design and estimate have been confirmed.”

Councillors considered various bridge options at a workshop held on 28 July 2004 where it was requested that a comparison be undertaken between providing a pedestrian bridge adjacent to the existing Sutherland Street Bridge (with a boardwalk link to Marine Parade) and a pedestrian bridge adjacent to Marine Parade (linking Marine Parade to Sutherland Point). This report provides relevant preliminary information and options analyses for both bridge type and bridge location for Council’s consideration prior to implementing items 2 and 3 of Council’s resolution of 5 May 2004. RECOMMENDATION:

That:- 1. The following two options be displayed for 28 days for public comment at

the Kingscliff Library and Council's Administration Offices at Murwillumbah and Tweed.

• Option C - provision of a new pedestrian bridge just downstream of the

existing Sutherland Street bridge including a boardwalk and cycleway linkage to Marine Parade.



CHAIRMAN

• Option D - provision of a large spanned timber pedestrian bridge at Marine Parade immediately upstream of the Marine Parade boat ramp.

2. A summary of the submissions be brought back to Council for further

consideration and determination of the preferred option.



CHAIRMAN

REPORT:

In April 2003 Council issued development consent for SALT. Condition No. 122 of the consent requires the applicant to upgrade the existing bridge over Cudgen Creek at Kingscliff. Subsequent to the development consent, Council resolved at its meeting of 5 May 2004:-

“That Council:- 1. Advises the Ray Group that a contribution to Council of $450,000 prior to

the linen plan release of SALT Stage 2 would fulfil the requirements of Condition No. 122 of the SALT consent.

2. Proceeds immediately to finalise design and obtain development consent for a stand alone pedestrian/cycleway link across Cudgen Creek immediately upstream of the Marine Parade ramp to Sutherland Point.

3. Receives a further report in regard to (2) above on detailed funding options when a final design and estimate have been confirmed.”

A letter has since been received from the Ray Group accepting the requirement to pay a contribution as stated in item 1 above. However prior to implementing items 2 and 3 above, this report requests Council’s preliminary consideration of bridge options. Council also considered 7 bridge options at a Council workshop held on 28 July 2004 as follows:- Option 1 – Steel cable suspension bridge – including steel trusses, timber decking and timber posts Option 2 – Timber – straight laminated beams Option 3 – Timber – curved laminated beams Option 4 – Timber – timber logs Option 5 – Timber – large span laminated beam Option 6 – All concrete or concrete / aluminium trussed Option 7 – Fibre Composite GENERAL MATTERS The “Estuary Management Plan – Cudgen, Cudgera and Mooball Creeks August 1997” was completed by WBM Oceanics Australia and includes a concept for a pedestrian bridge across Cudgen Creek to improve public access. This bridge was conceptually located approximately halfway between Marine Parade and the existing Sutherland Street bridge providing a crossing length of about 100 metres. Relevant specific ‘Recreational Issues’ actions recommended in this Plan for Cudgen Creek North are:- • Construct a walkway along or over creek foreshore to provide access from the boat

ramp and the footbridge; • Undertake community consultation to assess requirement for a low level pedestrian

footbridge across the creek;



CHAIRMAN

• Elements in bridge design should incorporate wooden components; and • Design to ensure no adverse flooding impacts These actions have been considered in formulating the options and recommendations within this report. This implies that a bridge 130 metres long will be required. However at the workshop held on 28 July 2004, Council members requested a clarification regarding the pros and cons of a pedestrian bridge located near or attached to the existing Sutherland Street Bridge. A bridge at this location would also be about 130 metres long. A bridge located at Marine Parade also needs sufficient clearance to enable the Kingscliff Coastguard rescue boat to pass under at high tide. The NSW Waterways Authority have recommended a minimum clearance height of 3.5m above mean high water springs (MHWS) with a minimum distance between spans in one navigation channel of 8 metres. These criteria can be accommodated by the bridge options described within this report. BRIDGE LOCATION OPTIONS ANALYSIS Council’s resolution of the 5 May 2004 stated that the location of the bridge is to be immediately upstream of the Marine Parade ramp to Sutherland Point. However, to justify this location, a location options analysis has been undertaken. Three location options (and a do nothing option) have been considered for the purpose of providing a pedestrian / cycle crossing of Cudgen Creek at Kingscliff. These options are:- Option A – No location / Do nothing. Option B - Widen the existing Sutherland Street bridge to provide a pedestrian crossing. Option C - Provide a new pedestrian bridge just downstream of the existing Sutherland Street bridge. Option D - provide a new pedestrian bridge at Marine Parade immediately upstream of the Marine Parade ramp. Expected pedestrian / cyclist usage for each option has not been assessed in detail, however it is expected that commuter cyclists would prefer to use a bridge closer to Sutherland Street Bridge whilst recreational cyclists and possibly the majority of pedestrians would prefer to use the Marine Parade bridge.



CHAIRMAN

Table 1 – Proposed Cudgen Creek Pedestrian Bridge Location Options Summary

Location Option Cost Pros Cons A. No location / do nothing.

NIL No cost. No visual or environmental impact.

Inhibition of walking and recreational cycling. Forces some cyclist/pedestrians to use the existing Sutherland Street bridge which poses significant safety risks. Deletion of a key link in Council’s pedestrian and cycling network.

B Widen the existing Sutherland Street bridge. (Cost includes widening to 2.5m, with additional bridge girders approx 50m long and constructing additional boardwalk (340m) and concrete cycleway (360m) along Cudgen Creek foreshore to Marine Parade.)

$0.76M Possibly desirable for commuter cyclists. Medium cost. Promotion of walking and recreational cycling.

The existing bridge structure cannot support a pedestrian/cycleway greater than 1.9 m wide. (Refer to note below). AustRoads recommends a minimum of 3.0 metres. Therefore the existing boardwalk needs to be widened. Additionally a concrete cycleway and boardwalk needs to be constructed along Moss Street. The existing bridge requires replacement within 15 years most likely along an alignment similar to present. Due to the uncertainty of the future development of Lot 490 this option of widening the existing bridge should not be considered further as a contribution from this site would enable the construction of a new concrete bridge incorporating an off road cycleway path. Any investment now will potentially be lost.

C. New pedestrian bridge just downstream of the existing Sutherland Street bridge 4m wide 120m long. (Cost includes widening and constructing additional boardwalk (340m) and concrete cycleway (360m) along Cudgen Creek foreshore to Marine Parade).

$ 1.25M Medium Cost. Promotion of walking and recreational cycling. Provides closer, more convenient access for residents from sections of Kingscliff Hill. A pedestrian pathway need not be incorporated into the future replacement bridge design if this option is pursued, saving $250,000.

A concrete cycleway and boardwalk needs to be constructed together with widening the existing boardwalk along Moss Street. The existing boardwalk is located quite close to private residences without visual screening. This invokes security and privacy concerns for adjacent residents whilst possibly invoking a feeling of trespass for pedestrians using the boardwalk. Two existing gates along the existing boardwalk will also need to removed. The existing bridge requires replacement within 15 years most likely along an alignment similar to present. Not close to the major population area.

D. New pedestrian bridge at Marine Parade 4m wide 130m long

$ 1.2M Medium Cost Promotion of walking and recreational cycling. Possibly desirable for both pedestrians and recreational cyclists. Positive economic impacts from tourism.

Some visual impact of the overall structure. Public expectation for the upgrading of parklands at Cudgen Headland which will necessitate funding (not necessarily a “con”).

Note: Investigations have been conducted into widening the existing Sutherland Street bridge. Cardno MBK prepared a footway options report for a bridge over Cudgen Creek in February 2004 and concluded “the maximum footway which can be accommodated whilst maintaining the existing 14.5 ton load rating on the bridge is 1.9m. If a 2.5m wide footway is provided the rating of the bridge should be downgraded to 11 tonnes”. An alternative is to add an additional line of girders to the existing bridge girders. Only a 2.5m wide footway supported an additional bridge girder has been costed.

The above summary analysis appears to demonstrate that the most desirable option would be to construct a pedestrian bridge/cycleway at the end of Marine Parade. PUBLIC CONSULTATION Some public consultation has already been conducted regarding the proposed pedestrian bridge. Council and community representatives have discussed the footbridge



CHAIRMAN

location and identified that the most desirable location for a crossing of Cudgen Creek at Kingscliff would be immediately upstream of the boat ramp at the end of Marine Parade. Of importance is the need to publicly emphasise the use of the bridge being for pedestrians and cyclists only and not vehicular traffic. Prior to a detailed design being undertaken on any single bridge option, it is recommended that the two options as described in this report be placed on public display over a 28 day period. These displays could be held at the Kingscliff Library and Council’s Tweed Heads and Murwillumbah administration offices. A development application under Part 4 of the Environmental Planning and Assessment Act 1979 will also be submitted. For the application to be thoroughly assessed, a single bridge option is required to be selected. The development application will provide a second opportunity for public comment, albeit on a single option, since the application will be publicly advertised over a 14-day period. CONCLUSIONS It is recommended that the two bridge options to cross Cudgen Creek, one at Marine Parade and the other downstream of the Sutherland Street Bridge be placed on public display for a 28-day period. Once public comments are received, a further report can be prepared for Council’s consideration of the public submissions. Council can then adopt a single option so that the detailed design and estimate can commence.



CHAIRMAN



CHAIRMAN

FUNDING: The following table summarises a funding option for the proposal:-

FUNDING SOURCE AMOUNT SALT contribution $220,000.00 Moss Street Boardwalk $90,000.00 Section 94 Contributions $102,000.00 DIPNR $50,000.00 Loan Funds $738,000.00 TOTAL $1,200,000.00

Roads and Traffic funding may also be available for this project. Council currently obtains up to $80,000 p.a. from the RTA towards cycleway projects. This project is not currently within the 5 Year Cycleway Program but may be re-prioritised. As per Council’s resolution of 5 May 2004, a detailed funding report for the pedestrian bridge will be provided to Council once a final design and estimate have been confirmed. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: No allocation has been made in the current 2004/2005 Management Plan/Budget. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER:

1. Photographs of bridges.



CHAIRMAN

18 [ES] Draft Tweed Shire Coastline Management Plan - Off-Leash Dog Exercise Areas

ORIGIN:

Water SUMMARY OF REPORT:

The Draft Tweed Shire Coastline Management Plan is on public exhibition until Friday 17 September 2004. There have been many submissions to date opposing the removal of off-leash dog areas, particularly at South Kingscliff Beach. Generally, all submissions would be reviewed in the context of the whole Management Plan before recommendations were made. Due to the angst that this recommendation has caused in the community, it is recommended that this issue be dealt with by Council prior to deliberation on the Draft Plan in general. The off-leash dog area issue has overridden discussion on other issues in the Draft Coastline Management Plan that need consideration and discussion by the community. RECOMMENDATION:

That Council:- 1. Changes the recommendation in the Draft Coastline Management Plan

from "removal of off-leash dog exercises from South Kingscliff and Pottsville Beaches" to "review off-leash dog exercise areas on Tweed Coast beaches when a future review of the Coastline Management Plan is conducted or when identifiable conflicts arise."

2. Includes a recommendation in the Draft Plan to "move the South Kingscliff

off-leash dog exercise area northwards to extend from the southern entrance wall of Cudgen Creek to the northern extent of the SALT development."

3. The issue of 4WD vehicles on the beach to be dealt with at the end of the

submission period in accordance with Council's resolution of 2 June 2004.



CHAIRMAN

REPORT:

The Draft Tweed Shire Coastline Management Plan is on public exhibition until Friday 17 September 2004. There have been many submissions to date opposing the removal of off-leash dog areas, particularly at South Kingscliff Beach. Generally, all submissions would be reviewed in the context of the whole Management Plan before recommendations were made. Due to the angst that this recommendation has caused in the community, it is recommended that this issue be dealt with by Council prior to deliberation on the Draft Plan in general. The off-leash dog area issue has overridden discussion on other issues in the Draft Coastline Management Plan that need consideration and discussion by the community. A review of the reported dog attacks in Council's records system has shown there have been very few attacks or incidences reported at either South Kingscliff or Pottsville Beach off-leash areas. The logic behind removal of off-leash dog areas from the Tweed Coast Beaches related to the expanding population along the coastline and the potential for increased conflict between beachgoers and off-leash dogs and their faeces. As it would appear there is little perceived conflict at this time, it is recommended that this issue be noted by Council and reviewed when a formal review of the Coastline Management Plan is undertaken, or sooner if conflicts arise. In the interim incidences should be recorded and noted by the Rangers patrolling the Tweed Coast Beaches to ensure that unacceptable conflicts do not arise within that timeframe. Another issue from the Draft Management Plan that has been subject to opposition from a specific interest group is the proposed removal of South Kingscliff Beach and sections of Pottsville Beach from use by beach vehicle permit holders. There have been a number of submissions both for and against this proposal and Council staff are meeting with representatives from the 4WD fishing lobby in early September. Therefore it is considered that this issue should be dealt with at the end of the submission period. Council resolved at the meeting of 2 June 2004, previous to the release of the Draft Coastline Management Plan, the following with regard to the Beach Vehicle Permit Policy:-

"1. Alters the existing Beach Vehicle Permit Policy by excluding to offer permits that have not been renewed by current licence holders.

2. Reviews the Beach Vehicle Permit Policy within the next eight months as

the impact of coastal subdivisions becomes more established which will inevitably result in increased beach usage."



CHAIRMAN

To reduce the volume of submissions that are being received on an issue that is, on further examination, a relatively minor issue within the context of the Tweed Shire Coastline Management Plan, it is recommended that the proposal for removal of off leash dog exercise areas be considered by Council prior to the end of the exhibition period for the Draft Plan. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER:

Nil.



CHAIRMAN



CHAIRMAN

REPORTS FROM DIRECTOR ENVIRONMENT & COMMUNITY

19 [EC] Council Staff Workshop with Senior Regional Representatives of the Department of Ageing, Disability and Home Care

ORIGIN:

Environment & Health Services SUMMARY OF REPORT:

At the Tweed Disability Interagency meeting on Tuesday, 10 August 2004 discussion was held on the amount of Department of Ageing, Disability and Home Care (DADHC) funding allocated to the Tweed Shire Aged and Disability Services. This also includes Home and Community Care (HACC) funding. Funding allocations to the Tweed do not appear to reflect acknowledgement of our rapidly increasing population, especially in the over 65's sector. The Tweed Disability Interagency continues to have concerns and would like to request that Council make an approach to the Department of Ageing, Disability and Home Care to discuss this matter. RECOMMENDATION:

That Council makes an approach to the Regional Director of the Department of Ageing, Disability and Home Care, Mr Chris Leach, and request that he and other senior representatives agree to meet with relevant staff and councillors from Tweed Shire Council to workshop and discuss Tweed funding issues.



CHAIRMAN

REPORT:

At the Tweed Disability Interagency meeting on Tuesday, 10 August 2004 discussion was held on the amount of Department of Ageing, Disability and Home Care (DADHC) funding allocated to the Tweed Shire Aged and Disability Services. This also includes Home and Community Care (HACC) funding. Funding allocations to the Tweed do not reflect acknowledgement of our rapidly increasing population, especially in the over 65's sector. For some time, the Tweed Disability Interagency has also perceived an inequity of DADHC Northern Rivers funding allocated to the Tweed Shire as compared to Lismore and other areas within the Northern Rivers. To this effect a letter was sent to the State Government requesting a break down of funding to aged and disability services within the Northern Rivers. The response was too broad for the interagency to make any interpretations. The Tweed Disability Interagency was advised by a DADHC representative that the funding break down is so complex that it would be impossible to extract the information we require, especially as organisations that cover a broad area make funding decisions internally. As the Tweed Disability Interagency continues to have concerns about our rapidly increasing population and the amount of aged and disability funding to the Tweed, the interagency would like to request that Council make an approach to the Regional Director of DADHC, Mr Chris Leach, and request that he and other senior representatives in Lismore agree to meet with relevant staff and councillors from Tweed Shire Council to workshop and discuss these issues. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER:

Nil.



CHAIRMAN

20 [EC] Tweed River Regional Museum ORIGIN:


Council has previously resolved to enter into a Memorandum of Understanding with the Historical Societies of Murwillumbah, Tweed Heads and Uki/South Arm to form the Tweed River Regional Museum. The resolution however did not cover the issue of the fixing of the Council Seal. Accordingly this report recommends the affixing of the Council Seal. RECOMMENDATION:

That Council affixes the Common Seal of Council to the Memorandum of Understanding with the Historical Societies of Murwillumbah, Tweed Heads and Uki/South Arm to create the Tweed River Regional Museum.



CHAIRMAN

REPORT:

As per summary. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER:

Nil.



CHAIRMAN

21 [EC] Banora Point Community Centre - Project Budget ORIGIN:


Council has approved construction of the Banora Point Community Centre. Due to a delay associated with the approval of the Management Plan for the site, the costs have risen by $56,260.00. These funds are available within the DCP 3. RECOMMENDATION:

That Council authorises the expenditure of an additional $56,260 from DCP3 and approves the new project budget of $1,831,260.



CHAIRMAN

REPORT:

Council has previously resolved to proceed with the construction of the Banora Point Community Centre and has approved an overall project budget of $1,775,000. However, due to the delay associated with the approval of the Management Plan for the site, the project costs has risen and the Project Management Team recommend that the overall project budget be increased by $56,260 to reflect these increased costs. Thus the overall project budget would be $1,831,260. If this increase is not approved then cuts to the project will have to be made. The table set out below shows the proposed increases:- Escalation $0 $21,723 $21,723Professional Fees $200,000 $206,785 $6,785Authority Fees $22,000 $37,714 $15,714Furniture, Fittings & Equip $25,000 $28,332 $3,332Public Art $40,000 $40,000 $0Contingency 2.5% $36,960 $44,666 $7,706 $55,260.00 These additional funds are available within DCP3 and accordingly it is recommended that Council authorises this additional expenditure and approves the amended project budget to $1, 831,260. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Contribution from DCP 3 will increase from $1,550,000.00 to $1,606,260.00. Contribution from DCP 1 will remain at $225,000.00. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER:

Nil.



CHAIRMAN

REPORTS FROM SUB-COMMITTEES/WORKING GROUPS

[LTC] Minutes of the Local Traffic Committee Meeting held Thursday 19 August 2004

FOR THE CONSIDERATION OF COUNCIL:

VENUE: Peter Border Room

TIME: Commencing at 9.00am.

PRESENT: Committee Members: Cr John Murray; Tweed Shire Council; Mike Baldwin, Roads and Traffic Authority; Snr Constable, Bill Darnell, NSW Police; Informal: Chairman: Mr Paul Morgan and Judith Finch Tweed Shire Council.

APOLOGIES: Mr Don Page MP, Member for Ballina, Mr Neville Newell, MP, Member for Tweed and Mr Ray Clark.

MINUTES OF PREVIOUS MEETING: RESOLVED that the Minutes of the Local Traffic Committee Meeting held Thursday 15 July 2004 were tabled at the meeting and accepted by the Committee as a true and accurate record of the proceedings.

————————————— SCHEDULE OF OUTSTANDING LOCAL TRAFFIC COMMITTEE ITEMS Schedule of Outstanding Local Traffic Committee Items FOR COUNCILLORS INFORMATION: 1. Leisure Drive, Banora Point

R3035 Pt3; DW1016762; Pedestrian Crossings; Speed Zones The Committee noted that RTA requirements in terms of pedestrian volumes would not be met at the location. However the Committee recommended that the situation be monitored after the proposed roadworks are completed and any issues reported back to the Local Traffic Committee. It was also noted that this section of Leisure Drive is a 50kph zone and cannot be lowered any further.



CHAIRMAN

RECOMMENDATION:

That the Applicant be advised that this location does not meet RTA requirements for a pedestrian crossing.

Current Status: Monitoring of Leisure Drive after proposed roadworks. Any issues to be reported to the LTC.

—————————————

2. Frances Street, Tweed Heads

R2131 Pt2; DW1019863; Traffic - Parking Zones

The Committee suggested the Road Safety Officer should contact the Parish Manager to discuss the issue on site and the difficulties that would occur with signage and other options that are available which may meet the Parish objectives. The matter should then be reviewed for 6 months and if the problem is not resolved the issue be referred back to the Local Traffic Committee. For Council's information. Current Status: To be brought forward to the LTC for meeting on 18 November

2004.

————————————— 11. Queen Street, Murwillumbah

R4500; DW1034590; Car Parks - Murwillumbah; Parking Zones; Loading Zones

The committee discussed the issues raised above and did not support the reserving of spaces for vet staff on public land even though a long term agreement with doctors allows such. The conversion of a 'No Parking' zone in Queen Street to a loading zone was considered appropriate as it provides up to 15 minutes for a station wagon or commercial vehicle to park to load or unload and half an hour for trucks. The Committee considered that this matter should be reconsidered in 12 months time or earlier if major changes to the car parking in the vicinity being planned are implemented. The issue of hotel patrons blocking access to the rear of the vets on site car parking is a private matter between the adjoining land holders and should be resolved between themselves. RECOMMENDATION:

That the 'No Parking' zone adjacent to the old BGF building in Queen Street be converted to a loading zone.

Current Status: To be brought forward to the LTC for meeting in May 2005.

—————————————



CHAIRMAN

Item from Meeting held 20/5/04 BUSINESS ARISING: 1. Trigonie Drive / Shallow Bay Drive Tweed Heads South


Brought forward from meeting held 20 May 2004 (Item 1) and reproduced as follows:-

"Resident representatives from the Shallow Bay Cove development would like the Committee to review its assessment of Trigonie Drive's need for prohibitive signage and met with the Road Safety Officer on site. Trigonie Drive has been inspected on several occasions including evenings and no problems were observed. The situation of vehicles parking at T-intersections is not unusual and drivers need to drive at appropriate speeds and carefully check before making turns. The Committee noted the concerns of the residents and reiterated the previous decision. RECOMMENDATION:

That:- 1. Council Rangers be requested to patrol Trigonie Drive to enforce any

breaches of parking regulations. 2. This matter be brought forward to the Local Traffic Committee meeting of

August 2004 with a report from the Rangers Coordinator as to any parking issues observed.

Current Status: To be brought forward to the LTC for meeting in August 2004

with a report from the Rangers Coordinator as to any parking issues observed."

To be deferred to the meeting in September 2004 due to the absence of the Road Safety Officer and no report being received from the Enforcement Coordinator. For Council's information.

————————————— Item from Meeting held 15/7/04 3. Byangum Road, Murwillumbah


Brought forward from meeting held 15 July 2004 (Item 3) and reproduced as follows:-



CHAIRMAN

"Request received in relation to 2 hour parking in front of the Uniting Church. It is reported that the limited parking time zone creates problems for funerals and with the community based early childhood preschool. The Road Safety Officer undertook to visit the preschool and report back to the Traffic Committee meeting scheduled for 19 August, 2004. For Council's information."

Deferred to the September 2004 meeting of the Local Traffic Committee, in the absence of the Road Safety Officer. For Council's information.

————————————— Item from Meeting held 15/7/04 6. Marine Parade / Seaview Street, Kingscliff

R3340 Pt5; R4970 Pt1; DW1061948; Traffic - Local Area Traffic Management; Road Closures - Temporary

Brought forward from meeting held 15 July 2004 (Item 6) and resolved by Council at its meeting of 4 August 2004 whereby additional recommendation (no. 3) inserted:-

"RESOLVED that subject to complying with standard requirements the additional following conditions should be included: - 1. Security guards and or volunteer staff are to be in attendance at all barricades

on Marine Parade and Seaview Street for the duration of the road closures. 2. All affected businesses to be notified in writing of the road closures and any

issues raised with the event coordinator and Council be addressed prior to the event.

3, Council notes the amended duration of closure of Area A is from 7.30am."

For Council's information.

————————————— Item from Meeting held 15/7/04 7. Dulguigan Road, North Tumbulgum (Reedy Creek Quarry)

R1710 Pt1; DW1065367; Traffic - Weight of Vehicles; Speed Zones; Local Area Traffic Management; Quarries - Reedy Creek



CHAIRMAN


"Request received for monitoring of the traffic on Dulguigan Road with the possibility of placement of traffic counters. It is reported that there are a large number of heavy vehicles travelling to and from the quarry and in many instances are travelling outside of operational hours. The Committee decided that traffic counters would be placed on Dulguigan Road between the Quarry and Tumbulgum when available and that the NEWLOG inspectors be requested to target the area when next in the Tweed Shire. This matter to be referred back to the Traffic Committee when counts have been completed. For Council's information."

Traffic results to hand show south of quarry average daily truck traffic is 25 vehicles and the 85th percentile speed is 78kph. North of the Quarry near the Tumbulgum Ferry site average daily truck traffic is 117 vehicles with an 85th percentile speed of 74kph. South of the quarry there are 25 trucks per day and the 85th percentile speed is 78kph. The Committee considers the above results to be unsatisfactory and given the narrow and winding alignment of some sections of Dulguigan Road, is potentially a serious traffic safety issue due to the speed of the trucks. The Committee noted that the Quarry has a self imposed speed limit of 60kph as part of their development consent which the drivers are not adhering to. The Committee discussed the possibility of installing a 60kph truck speed limit to Dulguigan Road but the RTA advised that such zones were only approved by the RTA if a crash history exists. The Committee expressed concern that the safety of the general travelling public is being potentially put at risk by the failure of the quarry operator and truck drivers to adhere to the agreed truck speed limit of 60kph as posted on the Quarry exit gates and contained in the Quarry Plan of Management. RECOMMENDATION:

That:- 1. The Director Planning and Environment take whatever action is available to

ensure the Reedy Creek Quarry Operator complies with the conditions of consent for the operations in regards to the self enforcing truck speed limit of 60kph.



CHAIRMAN

2. It is requested that the Director Planning and Environment advise the next Council meeting of what action has been taken and its outcomes.

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Item from Meeting held 15/7/04 9. Tumbulgum Road, Murwillumbah (Civic Centre)

R5570 Pt1; DW1066123; Traffic - Loading Zones; Parking Zones; Civic Centre - Murwillumbah


"Request received for the installation of a 'Loading Zone' at the entrance to the Civic Centre for use by couriers making deliveries to Council. Since the erection of the 'No Stopping' signage Council's couriers have been using the back entrance. However this is a potential Occupational Health & Safety matter due to the stairs. It was suggested that the Council courier be consulted and that the matter be brought forward to the August 2004 meeting of the Local Traffic Committee. For Council's information."

The Committee acknowledged that the operators did not prefer a 'Loading Zone' on the ramp but would prefer it near the driveway on Tumbulgum Road, which has been installed. For Council's information.

————————————— Item from Meeting held 17/4/03 1. Murwillumbah Street and Queensland Road, Murwillumbah

R3640 Pt4; R4510 Pt1; DW1078200; Traffic - Pedestrian Crossings; Safety

This item was discussed at the Local Traffic Committee meeting held on 17 April 2003 (item 1) and is reproduced as follows:-

"Drivers are carrying out “U” turns on Murwillumbah Street at the intersection of Queensland Road. Pedestrians are being placed at risk while using the marked crossing on Queensland Road. Advice is sought from the Committee on strategies to protect pedestrians at the site. RECOMMENDATION: That subject to detailed survey and design to ensure bus and truck turning paths are unaffected:-



CHAIRMAN

1. Raised concrete islands be installed on either side of the pedestrian crossing in Queensland Road to prevent drivers making “U” turns over the crossing.

2. A median Island be installed in Queensland Road with a “No U Turn” sign

facing westbound drivers in Murwillumbah Street at the intersection with Queensland Road.

3. A median island be investigated in Queensland Road at the intersection with

Bent Street with a “No U Turn” sign for drivers travelling north."

Further correspondence has been received requesting advice of the progress of the above recommendation. The Committee noted the previous recommendation from the Committee in April 2003 and advised that physical devices such as median islands cannot be accommodated. As an alternative the Committee recommends double centre lines be extended in Queensland Road extending over the zebra crossing to the kerb line in Main Street and a 'No U Turn' sign be erected on the presbytery corner of Queensland Road and Main Street facing westbound traffic in Main Street. RECOMMENDATION:

That double centre lines be extended in Queensland Road extending over the zebra crossing to the kerb line in Main Street and a 'No U Turn' sign be erected on the presbytery corner of Queensland Road and Main Street facing westbound traffic in Main Street.

————————————— GENERAL BUSINESS:

Part A 1. Kennedy Drive, Tweed Heads West

R2830 Pt5; DW1066424; 1069716; Traffic - Speed Zones; Local Area Traffic Management; Roundabouts

Request received regarding the proposed changed traffic conditions on Kennedy Drive at the Shopping Centre near the intersection with Diamond Place. Issues have been raised as follows:- 1. Roundabout at Norman Street with Kennedy Drive intersection. 2. Roundabout at Ducat Street with Kennedy Drive intersection. 3. Possible 24hr green light, Ducat Street lights if roundabout not possible at (2) above. 4. Entry lane right hand from Ducat Street to join Kennedy Drive. Special barrier to

join Kennedy Drive and barrier to accommodate traffic.



CHAIRMAN

5. Speed cameras in both directions due to speeding traffic at present and if four lanes

are implemented speeding motorists will possibly increase. 6. Cameras at lights at Diamond Place would slow down traffic. The issues raised by the submission have been considered but are not viable in terms of improving traffic flow through the area and / or physical constraints and cost. Requests 1, 2, 3 and 4 do not have sufficient space and would require considerable funding for minimal gain. Requests 5 and 6 are an RTA matter and strict criteria set the government needs to be met to enable speed cameras. The Committee considered marking two west bound lanes to accommodate the west bound peak hour traffic however this is generally only required in the afternoon peak. It was therefore decided that the situation should remain as is and be monitored. This will enable people to leave their driveways during quieter periods with greater ease than if two lanes were marked. For Council's information.

————————————— 2. Hogans Road

R2520; DW1069749; Local Area Traffic Management

Request received for the installation of a 'Give Way' sign at the intersection of Hogans Road with Bilambil Road. The Committee noted that the geometry at the intersection facilitated left turns from Bilambil Road into Hogans Road at higher than desirable speeds. It was therefore supported to install Give Way markings and signage. RECOMMENDATION:

That Give Way markings and signage be installed on Bilambil Road at the intersection with Hogans Road.

————————————— 3. Four Lane Upgrade - Kennedy Drive

R2830 Pt 5; DW1065855; 1073939; Traffic - Speed Zones

Objection received in reference to the four lane upgrade of Kennedy Drive from Crystal Waters to Ducat Street stating difficult access onto Kennedy Drive from residence. Request for speed limit reduction to 50kmh. The issues raised by the submission have been considered but are not viable in terms of improving traffic flow through the area. The Committee considered marking two west bound lanes however this is generally only required in the afternoon peak. It was therefore decided that the situation should remain as is and be monitored. This will enable people to leave their driveways during quieter periods with greater ease than if



CHAIRMAN

two lanes were marked. Kennedy Drive has always been an arterial and distributor road carrying high volumes of traffic (in fact it was once part of the Pacific Highway prior to the Tweed Heads South Bypass being constructed) and as such it is not considered appropriate to reduce the speed limit. For Council's information.

————————————— 4. Signage - Main Street (Kyogle Road), Uki

R2970 Pt11; DW 1077490; 1077507; Traffic - Parking Zones

Request received for the placement of "No Parking" signage to be installed at the fuel pumps outside Uki Shopping Centre, Main Street Uki due to people parking for extended periods adjacent to the bowser preventing access for people requiring fuel. The Committee noted ample on street parking is available in the shopping area. The Committee supported the provision of "No Parking" signage at the fuel pumps outside the Uki Shopping Centre, Main Street, Uki. RECOMMENDATION:

That "No Parking" signage be installed at the fuel pumps outside the Uki Shopping Centre, Main Street, Uki.

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5. Footpath - Laura Street

R3020 Pt1; DW1072999; Footpaths - Request for

Request received for a footpath to be constructed along Laura Street Banora Point due to blind corners and parked vehicles. The Committee supported the provision of a footpath along Laura Street and requested that Laura Street be added to the Footpaving List for consideration in the next financial year's Works Program. RECOMMENDATION:

That Laura Street be added to the Footpaving List for consideration in the next financial year's Works Program.

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6. Wommin Bay Road and Phillip Street, Chinderah

R4260 Pt1; R5950 Pt2; DW; 1077784; 1077851 Traffic - Roundabouts

Request received for the installation of a roundabout at the intersection of Wommin Bay Road and Phillip Street, Chinderah.



CHAIRMAN

The Committee supports the installation of a roundabout subject to funding being made available and recommends that Council identifies funding sources such as Black Spots Programs given the likely cost of the project is around $250,000. Crash, speed and volume data should be collected to support formal applications. For Council's information.

————————————— 7. Machinery Drive and Industry Drive, Tweed Heads

R3250 Pt3; R2620 Pt1; Traffic Committee - Local Area Traffic Management Local Traffic Committee advice is sought in relation to traffic generation issues at Machinery Drive since Britts Meats have moved to 16 Industry Drive. The Committee noted the apparent conflict with the development consent and advertising in local papers regarding the use of this site, in particular the closure of the operator's 2 retail butcher shops and advising the public of the retailing from the Industry Drive site. The problem is that the more intense retailing component adds to the existing traffic problems within the area. Only developments that strictly comply with the definition of light industry should be permitted in this zoning which permits an ancillary shop, but in this case the applicant stated only 150kg of meat would be sold from the shop, which appears to be in conflict with advertising material. It is requested that the Director Planning and Environment pursue this matter with the owner to ensure the operations comply with the approved use. If all operators in the area convert to retailing the traffic congestion will increase. It should be noted that the Council Traffic Model is based on the land's zoning and traffic generation rates reflecting the zonings are a critical input for the model. When non-complying uses occur or are approved it results in excess traffic above that that the road network is planned to cater for. RECOMMENDATION:

That the Director Planning and Environment pursue this matter with the owner to ensure that the operations comply with the approved use at Britts Meats, 16 Industry Drive, Tweed Heads.

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8. Marine Parade, Kingscliff (Jack Store)

R3340 Pt5; DW1079765; Traffic - Parking Zones Request received for a 'No Stopping' zone on the western side of the approach to the pedestrian crossing to enable pedestrians to see past delivery trucks that service the shop. The Committee agreed to install 'No Stopping' zones in accordance with Austroads Part 13 - Pedestrians.



CHAIRMAN

RECOMMENDATION:

That 'No Stopping' zones be installed on Marine Parade at the zebra crossing opposite the Bowls Club in accordance with Austroads Part 13 - Pedestrians.

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9. Powell Street, Tweed Heads

R4430 Pt1; DW 1077493; Traffic - Linemarking Request received for removal of line marking in Powell Street between the corner of Florence Street and Powell Street to allow local residents safe kerbside stop and go facilities to post mail. The Committee endorsed the installation of a "No Parking" zone in the 1st parking space south of Florence Street. RECOMMENDATION:

That a "No Parking" zone in Powell Street adjacent to the post box at the 1st parking space south of Florence Street be installed.

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10. Covent Gardens Way, Banora Point

R1393 Pt1; DW1076492; Traffic - Safety; Speed Zones Request received for Local Traffic Committee advice regarding extra traffic usage on Covent Gardens Way as follows:- 1. Traffic flow assessment of vehicles using Covent Gardens Way. 2. Meetings be held with parents and Little Angels management to ascertain ideas on

improvements that could be made. 3. Traffic counters be placed to assess vehicle type, flow and speed. 4. The 40kph speed limit be extended to Covent Gardens Way at the Little Angels

Child Care Centre from the corner of Eucalyptus Drive and Covent Gardens Way. The Committee noted the issues at the location and conflict with the adjoining land uses but it was considered necessary to ascertain the speed of vehicles before plans for remedial action could be fully developed. The results of surveys and proposed plan of action to be brought forward to the next Local Traffic Committee meeting in September 2004. For Council's information.

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CHAIRMAN

11. Clothiers Creek Road and Condor Place R1160 Pt7; R1293 Pt1; DW1005149; 1079732 Traffic - Safety

Request received for Local Traffic Committee assistance with traffic turning right into Condor Place travelling east along Clothiers Creek Road. There is no visibility of oncoming traffic when waiting to turn right. Vegetation on the adjacent property on Clothiers Creek Road hinders the view of oncoming traffic and trimming does not help the problem. The Committee noted the concerns of residents and agreed that a survey to determine that the boundaries are correctly fenced at the location and the possibility of providing road widening for east bound traffic to overtake turning vehicles be investigated. For Council's information.

————————————— 12. Eucalyptus Drive, Banora Point

R1917 Pt1; DW1081700; DW1081724; Traffic - School Zones

Request received for the parent pick up and drop off area on Eucalyptus Drive, adjacent to the Primary School be designated as "No Parking" between the hours of 8:00am to 9:30am and between 2:00pm and 3:30pm. The Committee supported 5 minute parking in the parent pick up and drop off area on Eucalyptus Drive, adjacent to the Primary School be designated as "No Parking" between the hours of 8:00am to 9:30am and between 2:00pm and 3:30pm. RECOMMENDATION:

That 5 minute parking in the parent pick up and drop off area on Eucalyptus Drive, adjacent to the Primary School be designated as "No Parking" between the hours of 8:00am to 9:30am and between 2:00pm and 3:30pm.

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13. Coral Street, Tweed Heads R1350 Pt1; Traffic - Speed Zones; Traffic - Signs

Late agenda item. Request from the Police Rep for a 50kph speed limit sign facing Boundary Street at the entry to Coral Street from Queensland. The Committee unanimously supported this request as it is needed to advise the State Urban Speed Limit. RECOMMENDATION:

That a 50kph speed limit sign be installed on Coral Street facing Boundary Street at the entry to Coral Street.

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CHAIRMAN

14. Darlington Drive, Banora Point R1540 Pt3; Traffic - Speed Zones

Late agenda item. Request from the Police Rep for driver awareness of the speed limit on Darlington Drive by providing additional 50kph repeater signs in suitable locations. A request was also made for the Council courtesy radar to be utilised on Darlington Drive in conjunction with Police enforcement. For Council's information.

—————————————

Part B 1. DA04/0646 - Mixed Use Multi Storey Apartment Building Comprising 62

Dwellings & 6 Commercial Tenancies at Lot 8, 9, 10 & 11 DP 224382 No. 13 Enid Street Tweed Heads.

DA04/0646 Pt2; Local Traffic Committee; Local Area Traffic Management; Ppty 5800; 5801; 5802

It would appear from a site inspection that this application may generate traffic issues in Enid Street, congestion on street parking and access to the site were discussed. The Committee noted that the application is for a 30 unit block of units generating 170 vehicle trips per day. The Committee requested that the following conditions be met in relation to traffic:- 1. Service vehicle access to the basement parking level. 2. The intersection of Enid Street and Frances Street be upgraded given the existing

issues at the intersection and the increased potential for traffic problems as a result of the extra traffic generated by this development.


————————————— 2. DA04/0631 - Mixed Use Multi Storey Apartment Building Comprising 30

Residential Units, and ground Floor Catholic Church Office Administration and meeting function areas.

D04/0631 Pt1; Local Traffic Committee; Traffic - Local Area Traffic Management; Ppty 6339

It would appear from a site inspection that this application generates intersection issues with Frances and Enid Street, location of pedestrian crossing issues, location of access to site and traffic congestion.



CHAIRMAN

The Committee noted the application and requested that the following conditions be met:- 1. The service area is not considered satisfactory, it conflicts with the driveway and is

likely to cause congestion on Enid Street as service vehicles will block all access to the car park. Redesign is required to address this issue. Width of the driveway is too narrow with the bin area adjacent.

2. The intersection of Enid Street and Frances Street be upgraded given the existing

issues at the intersection and the increased potential for traffic problems as a result of the extra traffic generated by this development.


————————————— 3. DA04/0901 Development Application - Stage 2 - Additions to the Existing

Kennedy Drive Plaza Shopping Centre, Lot 4 DP 616206, Lot 1 DP 793260, Meridian Way, Tweed Heads

DA04/0901 Pt1; Traffic - Local Area Traffic Management; Ppty 10509 Development Application for Stage 2 of the additions to the Endless Summer Shopping Centre. Specifically seeks consent for a stand-alone structure consisting of four independent tenancies comprising of 401.77m2 of gross floor area. In accordance with State Environmental Planning Policy No. 11 (SEPP 11) - Traffic Generating Developments the proposed development requires referral to Local Traffic Committee and comment is sought on:- 1. Adequacy of the proposed access to the site, having regard to the increase in GFA; 2. Adequacy of the proposed loading bay to services the new development; 3. The impact that the proposed centre will have on the road network, specifically; 4. The impact that the proposed centre will have on the intersection of Kennedy Drive

and the Pacific Highway exit; 5. Adequacy of the internal parking configuration. The Committee noted the application and the extensive considerations given to the previous DA for the remainder of the site. The Committee noted that the application is for an extension of the previous approval and does not alter access arrangements.

—————————————



CHAIRMAN

NEXT MEETING: The next meeting of the Local Traffic Committee will be held on 16 September 2004 in the Peter Border Room commencing at 9.00am. The meeting closed at 11:46am. DIRECTOR'S COMMENTS: 7. Dulguigan Road, North Tumbulgum (Reedy Creek Quarry)

R1710 Pt1; DW1065367; Traffic - Weight of Vehicles; Speed Zones; Local Area Traffic Management; Quarries - Reedy Creek

The decision by the Roads and Traffic Authority not to support a 60kph truck speed limit should be pursued direct with the Roads and Traffic Authority Regional Manager. Such a speed limit would significantly improve the control of trucks and is supported by the Quarry Operators on Dulguigan Road. DIRECTOR'S RECOMMENDATIONS: Nil.



CHAIRMAN

Minutes Circulated with this Agenda not Requiring Council Resolution FOR THE CONSIDERATION OF COUNCIL:


1. Minutes of the Aboriginal Advisory Committee Meeting held Tuesday 6 August 2004 2. Minutes of the Tweed Dune Care Advisory Committee Meeting held Thursday 12

August 2004.



CHAIRMAN

ORDERS OF THE DAY

1 [NOM] Street Lighting of Footpaths NOTICE OF MOTION: Councillor D M Holdom moves: That Council officers draft a report on "night lighting" of the main (council) coastal footpaths to afford more security to residents/visitors who wish to walk the footpath/s of an evening/night (time switch operated to go off at 11pm) lighting more so where each footpath moves through each village main street/beach area.

2 [NOM] Moratorium of Fines in DCP5 Areas NOTICE OF MOTION: Councillor W J Polglase moves: That Council implements a moratorium on legal action for non-complying structures in the DCP5 areas until such time as the “Valley Wide Flood Study” is completed and an improved understanding of DCP5 compliance issues and flood plain management are attained.



CHAIRMAN



CHAIRMAN

CONFIDENTIAL MATTERS

REPORTS THROUGH GENERAL MANAGER IN COMMITTEE

REPORTS FROM DIRECTOR PLANNING & ENVIRONMENT IN COMMITTEE

1 [DS] Development Application D95/0442.01 for an amendment to Development Consent D95/0442 for manufactured home estate at Lot 180 DP 850476, No. 173 Chinderah Road Chinderah

REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 10A(2)(g) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

REPORTS FROM DIRECTOR ENGINEERING AND OPERATIONS IN COMMITTEE

2 [ES] Contract EC2003-132 Leisure Drive / Eucalyptus Drive Upgrade REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 10A(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret



CHAIRMAN

items for consideration of council

Documents