minutes - ordinary meeting 24 october 2012 (3)€¦ · bellingen shire council – minutes -...

BELLINGEN SHIRE COUNCIL – MINUTES - ORDINARY MEETING OF COUNCIL 24 OCTOBER 2012

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BELLINGEN SHIRE COUNCIL

MINUTES

Ordinary Meeting Wednesday 24 October, 2012

Bellingen Council Chambers Commencing 9.00am

MISSION:

To enhance our community's lifestyle and protect our unique environment through effective leadership, community involvement and commitment to service


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MINUTES: Ordinary Meeting of Council held in the Council Chambers, Bellingen on Wednesday 24 October 2012 commencing at 9.00am. PRESENT: Councillors Garry Carter, Desmae Harrison, Dominic King, Steve Klipin, Gordon Manning, David Scott and Mark Troy (Mayor).

IN ATTENDANCE: Liz Jeremy, General Manager, Peter Wilson, Director Corporate Services, Warwick Knight, Acting Director Engineering & Operations, Charlie Hannavy, Director Environmental Health & Planning, Symone Williams. 1. APOLOGIES NIL 2. DECLARATION OF INTEREST NIL 3. CONFIRMATION OF MINUTES 03.014/12 RESOLVED (Cr Klipin/Cr Harrison) That the Minutes of the Ordinary Meeting held on 26 September 2012 be confirmed. 03.015/12 RESOLVED (Cr Scott/Cr Carter) That the Minutes of the Extraordinary Meeting held on 5 October 2012 be confirmed. 4. MATTERS ARISING

NIL


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TABLE OF CONTENTS

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

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

5. MAYORAL MINUTE ..................................................................................................................... 6

6. NOTICE OF MOTIONS................................................................................................................. 8

7. REPORTS BY GENERAL MANAGER ....................................................................................... 10

8. REPORTS BY DIRECTOR OF ENVIRONMENTAL HEALTH AND PLANNING ......................... 12 8.1 DEVELOPMENT APPLICATION 2012/DA-063 FOR A MACHINERY SHED AND STUDIO; EXPANDED DWELLING; CABANA AND SWIMMING POOL – 30 OSPREY DRIVE URUNGA ................. 13 8.2 AMENDMENT OF BELLINGEN DCP 2010 – INTRODUCE “WASTE NOT” DCP ELEMENTS ................... 48 8.3 DEVELOPMENT APPLICATION FEE WAIVER, URUNGA MEN’S SHED –BELLINGEN SHIRE RECYCLING HUB, NO. 146 SHORTCUT ROAD, RALEIGH .................................................................... 52 8.4 ADOPTION OF ARTS & CULTURAL PLAN 2012 ................................................................................... 55 9. REPORTS BY DIRECTOR OF CORPORATE SERVICES.......................................................... 63 9.1 DELEGATIONS TO THE MAYOR AND DEPUTY MAYOR ..................................................................... 64 9.2 APPOINTMENT OF COUNCIL DELEGATES TO EXTERNAL BODIES & COMMUNITY ORGANISATIONS ................................................................................................................................ 66 9.3 ESTABLISHMENT OF A COUNCILLOR PORTFOLIO SYSTEM AND ADVISORY COMMITTEE STRUCTURE ....................................................................................................................................... 70 9.4 DONATION BELLINGEN RIVER FRESTIVAL 2012 ............................................................................... 87 10. REPORTS BY DIRECTOR OF ENGINEERING AND OPERATIONS........................................ 90 10.1 COMPULSORY ACQUISITION OF LAND FOR THE PURPOSE OF PUBLIC ROAD FOR ACCESS TO LOT 12 DP1172177 – CHURCH ST BELLINGEN.............................................................................. 91 10.2 FUN RUN - DORRIGO .......................................................................................................................... 93 10.3 REVISION OF LOWER BELLINGER AND KALANG RIVER FLOOD STUDY........................................... 95 10.4 LITTLE NORTH ARM ROAD STABILISATION OF RIVER BANK ............................................................ 98 11. REPORTS FROM COUNCIL COMMITTEES .......................................................................... 100

12. MINUTES FROM ADVISORY COMMITTEES ......................................................................... 102 12.1 MINUTES – ARTS AND CULTURAL ADVISORY COMMITTEE – 30 AUGUST 2012.............................. 103 13. CORRESPONDENCE ............................................................................................................ 109

14. AUTHORITY TO AFFIX THE COMMON SEAL OF COUNCIL FOR ITEMS NOT INCLUDED IN REPORTS ............................................................................................................................... 111

15. ITEMS FOR INFORMATION .................................................................................................. 113 15.1 REPORT ON INVESTMENTS AS AT 30 SEPTEMBER 2012 ............................................................... 114 15.2 DISCLOSURES OF INTEREST – COUNCILLORS & DESIGNATED PERSONS .................................. 118 15.3 DEVELOPMENT APPLICATION PROCESSING REPORT .................................................................. 119 16. MATTERS OF AN URGENT NATURE ................................................................................... 126

17. QUESTIONS WITH NOTICE .................................................................................................. 128

18. COMMITTEE OF THE WHOLE .............................................................................................. 130

19. REPORT ATTACHMENTS ..................................................................................................... 132


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4. PUBLIC ACCESS/PRESENTATIONS


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4. PUBLIC ACCESS/PRESENTATIONS 04.008/12 Mr Peter Bulanyi and Mrs Lee Bulanyi addressed Council in support of the application. Ms Kit Moore addressed Council in opposition to the application. Next Business Item 8.1

4.1 9.30AM ITEM 8.1 - DEVELOPMENT APPLICATION 2012/DA-063 FOR A MACHINERY SHED AND STUDIO; EXPANDED DWELLING; CABANA AND SWIMMING POOL – 30 OSPREY DRIVE URUNGA


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5. MAYORAL MINUTE


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5. MAYORAL MINUTE NIL


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6. NOTICE OF MOTIONS


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6. NOTICE OF MOTION NIL


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7. REPORTS BY GENERAL MANAGER


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7. REPORTS BY GENERAL MANAGER NIL


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8. REPORTS BY DIRECTOR OF ENVIRONMENTAL HEALTH AND PLANNING


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8. REPORTS BY DIRECTOR OF ENVIRONMENTAL HEALTH AND PLANNING 8.1 DEVELOPMENT APPLICATION 2012/DA-063 FOR A MACHINERY SHED AND

STUDIO; EXPANDED DWELLING; CABANA AND SWIMMING POOL – 30 OSPREY DRIVE URUNGA

File/Index: 2012/AF-092 Author: Aaron Smith, Health and Building Surveyor REPORT SUMMARY: This report provides an assessment of Development Application 2012/DA-063 - for a machinery shed and studio; expanded dwelling; cabana and swimming pool at 30 Osprey Drive, Urunga; and makes a recommendation for the Council to determine the subject application. This report is being submitted to Council for determination as more than five (5) public objections to the proposal were received. Section 79C(1) of the Environmental Planning and Assessment Act (EP&A Act) requires Council to take into consideration various matters when assessing an application. These include various environmental, social and economic issues. The issues of relevance to the subject application are considered in this report. REPORT DETAIL: Application No: 2012/DA-063 Proposal: To construct a two storey machinery shed and studio; expanded dwelling;

cabana and swimming pool Subject Land: Lot 131 DP 835501, 30 Osprey Drive, Urunga Applicant: Lee Bulanyi Zone: Zone RU4 Primary Production Small Lots under the provisions of the

Bellingen Local Environmental Plan 2010 (“BLEP”)

Locality Plan:

Subject Site


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BACKGROUND: On 4 March 2004 Council approved a dwelling and shed (2003/DA-465) on the subject lot. The shed was assessed as a “farm” shed (with approximately 290m2 of floor space) and was approved to be a Class 10a structure under the Building Code of Australia, deeming the building to be non-habitable. On 13 February 2006 Council attended the site to conduct a final inspection of the shed at the owners’ request. At the time of inspection it was observed that the shed had been adapted for habitable purposes and was being lived in by the owners of the property without approval, where such was required. Subsequently, Council issued an Interim Occupation Certificate under Section 109 of the Environmental Planning and Assessment Act 1979. The Interim Occupation Certificate issued on 11 April 2006 granted permission to occupy the shed on the subject lot during the construction of the approved dwelling. Approval of the application to live in the shed was granted subject to the following:

• The shed being occupied only by the applicant and immediate family. • Sanitary facilities being provided to the satisfaction of the Director of Environmental

Health and Planning and to be inspected prior to the occupation of the shed. • The period of occupancy to cease in 24 months, unless an extension of time has been

granted by Council. • The shed being vacated upon the completion of the dwelling.

An application to modify the original design of the approved dwelling house was approved by Council on 27 June 2010. On 20 August 2010, the applicant advised Council that RB Consulting Pty Ltd would be replacing Council as the Principal Certifying Authority for the remainder of the project. A Construction Certificate for the dwelling was issued by RB Consulting Pty Ltd on 11 January 2011 and construction of the dwelling commenced soon thereafter. In 2010 Council investigated complaints relating to the use of a property at 30 Osprey Drive for industrial activities relating to a solar energy business. Concerns raised included impacts on the rural amenity, the increasing number of vans, trucks and employee vehicles on Osprey Drive and the number of structures on the site. Investigations revealed that the property owners were utilising the approved farm shed and a demountable office on the subject property for the purpose of a solar energy business and private residence, employing 12 to 14 people at the site. Under the provisions of Bellingen Local Environmental Plan 2010, industrial and commercial premises are prohibited in the RU4 Primary Production Small Lots zone. The property owners advised Council staff that the business had outgrown the Urunga premises, therefore a further industrial property in Coffs Harbour had been purchased for the purpose of converting it to a suitable industrial premise. However it would be at least 18 months before the conversion was finalised and the business could be physically relocated. It is noted that a development application for “alterations and additions to an existing building to be used for a light industry; manufacturing, warehousing and servicing of renewable energy products” was subsequently approved by Coffs Harbour City Council on 30 July 2012. Following further complaints in 2011 and meetings with the property owners, Council issued an Order under the Environmental Planning & Assessment Act 1979 on 14 December 2011 to cease the industrial use within six months. Prior to issuing the Order the property owners had indicated to Council staff that six months would be a suitable time-frame to relocate the business. In May/June 2012 Council received a number of complaints from the public relating to the clearing of native vegetation at 30 Osprey Drive. The matter was referred to the NSW Office of


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Environment and Heritage ‘Compliance Hot-line’, being the responsible agency for vegetation removal in the RU4 Primary Production Small Lots zone. Council continued to receive further emails and phone calls from residents in the area raising concerns about the intensification and impacts of commercial/industrial activities at the property, traffic safety, increased vehicles and the potential construction of a 10 metre high mobile phone tower to improve internet access to the business. A site inspection by Council staff on 19 June 2012 confirmed that the Order had not been complied with, as the business was still operating from the Urunga site. The file was subsequently referred to Council’s solicitors on 9 July 2012 to seek enforcement of an Order pursuant to Section 121B of the Environmental Planning & Assessment Act 1979. On 21 May 2012 Council received the current development application for the ‘machinery shed and studio; expanded dwelling; cabana and swimming pool’. The applicant was advised soon after receipt of the application by Council’s Building Surveyor that the size of the proposed shed and studio was excessive and could impact on the determination of the application. The applicant’s response to Council was they did not wish to withdraw any part of the application and wanted it to be assessed as submitted. THE SITE: The land, Lot 131 in Deposited Plan 835501, 30 Osprey Drive, Urunga, is approximately 7.28 hectares in size. The land is developed with a newly constructed dwelling house consisting of an expanded dwelling and two detached carports in the south western quadrant of the property. The shed approved for temporary occupation also remains on the site in the north eastern quadrant of the property. Various shipping containers and other make-shift storage structures also occupy this quadrant. THE PROPOSAL: The application seeks approval for the following:

1. An expanded dwelling component separate to the dwelling house (consisting of a bedroom with ensuite and sitting room), with an attached deck area and carport, to the north west of the existing dwelling house.

2. A naturally filtered swimming pool to be constructed adjacent to the southern elevation of

the existing dwelling house.

3. A gazebo located to the west of the existing Bedroom 2 pavilion. N.B. At the initial site inspection the frame of the gazebo had been partially constructed.

4. A shed / studio with a footprint of 288m2 located to the north west of the existing dwelling

house. This will be a two storey building with a finished height of approximately 8.5 metres. The ground floor portion of this building is proposed to be used as a machinery shed with a floor area of approximately 216m2. The upper level is proposed to be a studio with a floor area of approximately 162m2. The applicant advised Council via email on 28 June 2012 that the existing 290m2 shed was not large enough to contain all of their personal items. The proposed shed was to house numerous boats, jet skis, numerous motorcycles, numerous cars, a tractor and farm machinery, an extensive vintage wireless collection, a large record collection and numerous personal effects. It was also stated that the additional space is also required to pursue astronomy, amateur radio, music recording and performance, various scientific pursuits, blacksmithing, glass slumping, wood carving, stone masonry, various arts and crafts and a private gym.


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SECTION 79C(1) MATTERS FOR CONSIDERATION In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application: (a) the provisions of:

(i) any environmental planning instrument, and (ii) any proposed instrument that is or has been the subject of public consultation

under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii) any development control plan, and (iiia) any planning agreement that has been entered into under section 93F, or any

draft planning agreement that a developer has offered to enter into under section 93F, and

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

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 in 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. SECTION 79C(1)(a)(i) - ANY ENVIRONMENTAL PLANNING INSTRUMENT Bellingen Local Environmental Plan 2010: Clause 2.3 – Zone Objectives and Land Use Table The development as proposed by the applicant is defined as residential and development ancillary to residential use. It is noted, however that the shed / studio is of such a size that it could easily lend itself to industrial / commercial use. The use of land zoned RU4 Primary Production Small Lots for dwelling houses and ancillary residential structures is permissible with consent. It should be noted that commercial premises and industries are prohibited in the zone. RU4 Zone Objectives; • To enable sustainable primary industry and other compatible land uses. The proposed expanded dwelling is considered to be compatible with this objective. However, the proposed machinery shed is not considered to meet this objective in that the shed / studio is of such a design and size as to appear industrial in nature. That is, the type of building that would be expected in an industrial estate, not in a rural area. The building is not intended for primary industrial use (i.e. agricultural related use) and is not of an appropriate scale relative to other development in the locality. • To encourage and promote diversity and employment opportunities in relation to primary

industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

The proposal does not comply with this objective as it does not involve primary industry enterprises.


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• To minimise conflict between land uses within this zone and land uses within adjoining zones.

The proposed shed is not compatible with this objective as the extent of the proposed development of the shed / studio will be visually obtrusive from Osprey Drive and lend itself to prohibited industrial uses, thus reducing the amenity of the area, and creating potential land use conflicts. This is of particular concern, given the history of non-complying land uses on this site, and the continuing operation of an illegal industry. Clause 4.3 – Height of buildings The proposed maximum building heights of the expanded dwelling component (4.5m), the gazebo (5m) and the machinery shed (9m) all comply with the maximum 10m building height limit of the LEP. Clause 5.5 – Coastal development The subject land is located within the NSW Coastal Zone. Clause 5.5(2) of the LEP requires amongst other things, that Council consider the suitability of the proposed development , its relationship with the surrounding area and its impact on the natural scenic quality, taking into account the type, location, bulk, scale and built form design of any building involved. In this regard it is considered that the proposed machinery shed will have an adverse visual impact on the natural scenic quality of the locality, as the shed is of an industrial scale and appearance that will be visible from Osprey Drive. The development will not impede public access to the foreshore or impact on water quality in the coastal zone. The proposal will not be affected by coastal hazards. State Environmental Planning Policy (SEPP) No. 71 – Coastal Protection The subject land is located within the NSW Coastal Zone and therefore Council must consider the relevant criteria of Clause 8 of SEPP 71. In particular Council must consider the suitability of the proposed development, given its relationship with the surrounding area and its type, location and design. In this regard it is considered that the proposed machinery shed will have an adverse visual impact on the scenic quality of the locality, as the shed is of an industrial scale and appearance that will be visible from Osprey Drive. The development will not impede public access to the foreshore or impact on water quality in the coastal zone, or affect any known heritage items. The proposal will not be affected by coastal hazards. SECTION 79C(1)(a)(ii) – ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT There are no Draft Environmental Planning Instruments that are relevant to the determination of the application. SECTION 79C(1)(a)(iii) – ANY DEVELOPMENT CONTROL PLAN Bellingen Shire Development Control Plan 2010: Chapter 1 Single Dwellings Rural zone setbacks (clause 1.6.2): The proposed expanded dwelling component and proposed shed will be setback approximately 90m and 96m respectively from Osprey Drive. These setbacks comply with the minimum 20m front setback required. Both buildings will be setback more than 100m from the side boundaries, which complies with the minimum required 10m side boundary setback. Building height plane envelope (clause 1.6.4): The proposed buildings comply with the building height plane envelope requirements for the site.


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Urban design (clause 1.6.5): The proposed shed in conjunction with an existing shed will visually dominate a significant part of the streetscape. This is not considered to be a desirable or appropriate urban design outcome for buildings that are ancillary to a dwelling-house. Environmental impacts (clause 1.6.8): The applicant has not submitted a bushfire report to enable proper assessment of bushfire risk and required buffers. Therefore the potential environmental impact of the development on existing vegetation cannot be fully assessed. Infrastructure requirements – rural zones (clause 1.6.11): The proposed expanded dwelling component will be connected to existing water and on-site effluent disposal services located on the land. Expanded dwellings (clause 1.6.12): The proposed expanded dwelling component will be located within a 40m to 50m radius of the centre of the existing dwelling’s main building. This fails to comply with clause 1.6.12 that requires all buildings be located within a 30m radius of the centre of the main building in order to control the spatial extent of the dwelling and avoid likelihood of separate occupation of individual dwelling components. Furthermore, the proposed component will a have a floor area of 56 square metres, which exceeds the maximum permitted floor area of 40 square metres (for additional building components) by 40%. This variation is considered to be excessive. Given the size and separation distance of the proposed expanded dwelling component from the main dwelling, there is concern that this could be used as a separate residence. Studios (clause 1.6.13): The erection of buildings (studios) not within the curtilage of the main building is permitted where these are small scale, visually unobtrusive and intended for use by only the permanent occupants of the main dwelling as a retreat for artistic or creative type purposes. The criteria are as follows:

• Must be one room only (with the exception of toilet facilities if necessary) • Must not exceed 30m2 floor area (inclusive of decks etc.)

The proposed studio area is approximately 162m2. This is over five times the size specified in the DCP. Furthermore, it is located in a large industrial scale building that is considered to be visually obtrusive. Chapter 5 – Carparking and Vehicular Access The proposal will not generate the need for any additional car parking or new access/entry points to the property. The proposal incorporates a new parking space associated with the proposed expanded dwelling component. Chapter 11 – Advertising and Notification of Development Applications The proposed modification was notified to adjoining and nearby property owners from 29 May 2012 until 19 June 2012. Submissions received during the notification period are discussed later in this report. SECTION 79C(1)(a)(iiia) – ANY PLANNING AGREEMENT OR DRAFT PLANNING AGREEMENT UNDER SECTION 93F No planning agreements have been entered into or offered under Section 93F of the Environmental Planning and Assessment Act 1979. Generally, a planning agreement is a voluntary understanding between a planning authority and a developer under which the developer is required to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit. SECTION 79C(1)(a)(iv) – ANY MATTERS PRESCRIBED BY THE REGULATIONS The NSW Coastal Policy has been considered and has generally been complied with.


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SECTION 79C(1)(b) – THE LIKELY IMPACTS OF THAT DEVELOPMENT The size and scale of the proposed two storey machinery shed / studio is considered excessively large and out of keeping with the surrounding development, particularly in view of the fact that a 290 square metre shed already exists on the site. In relation to context and setting it is considered that the large machinery shed/studio would detract from the scenic qualities and features of the landscape as it would be clearly visible from Osprey Drive. There is concern that given the history of non-complying development on this property that the shed may be used for industrial purposes which may significantly impact on the rural/residential amenity of the locality. In particular, such use may give rise to additional traffic generation and noise. SECTION 79C(1)(c) – THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT The site is subject to a natural hazard, being bushfire prone, and an assessment under Section 79BA of the Environmental Planning and Assessment Act 1979 has not been undertaken. The NSW Rural Fire Service has advised Council that they did not have adequate information submitted with the application to assess the proposal and provide and comments and conditions. Therefore, it cannot be fully determined at this stage if the site is suitable for the proposed development. If further vegetation clearing is required to provide adequate asset protection zones, a Flora and Fauna impact assessment report (known as the 8 part test) may need to be provided to Council. The 8 part test, if required, would also determine if the site is suitable for further development. SECTION 79C(1)(d) – ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR THE REGULATIONS The application was notified to adjoining owners from 29 May 2012 to 19 June 2012. In this time eight (8) submissions were received and copies are attached for the benefit of Councillors. It is to be noted that three of the submissions are from residents who were notified in writing by Council. Five of the submissions were from locals in the area not formally notified. The main concern raised in the majority of the submissions was that the large shed and studio will be used for the current commercial activity, rather than for the proposed residential purposes. A summary of the submissions is provided below. Submission: The development is not appropriate in a residential area. The land is currently being used for commercial activities and there is concern that the large shed will be used to further expand the Solar Business being run from the property. Comment: The Development Application proposes building works that are permissible with consent on land zoned as RU4 under BLEP 2010. The construction of an expanded dwelling, swimming pool, gazebo and shed are all permissible under Part 2 of BLEP 2010. The construction of the shed / studio, whilst industrial in appearance, is also permissible with consent. However the size of the studio is well in excess of the maximum specified in the DCP which is 30m2 in floor area. It should be noted that while the applicant is not proposing that any of the structures will be used for purposes other than domestic use, the property has a history of non-complying development. Submission: There is already a large shed on the property that is being used as a warehouse for solar panels. Comment: An existing two storey barn style shed has been constructed on the property with approximately 290m2 of floor space. As previously stated, Council issued an Interim Occupation Certificate under Section 109 of the Environmental Planning and Assessment Act 1979 on 11 April 2006 granting permission to occupy the shed on the subject lot during the construction of


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the approved dwelling. Approval of the application to live in the shed was granted subject to the following:

• The shed being occupied only by the applicant and immediate family. • Sanitary facilities being provided to the satisfaction of the Director of Environmental

Health and Planning and been inspected prior to the occupation of the shed. • The period of occupancy to cease in 24 months, unless an extension of time has been

granted by Council. • The shed being vacated upon the completion of the dwelling.

On 13 August 2012 ‘RB Consulting Group’, as Principal Certifying Authority for the remainder of the works, issued a final Occupation Certificate for 2003/DA-465. The completion of the dwelling house and the subsequent final Occupation Certificate suggests that residential use of the shed has now ceased. Notwithstanding this, the shed is still being used as part of the business which is the subject of legal action as mentioned previously. Submission: There has been extensive clearing of trees and the large shed will involve more tree clearing. Comment: The areas proposed for the construction of the buildings are already clear of vegetation. Due to the lack of submitted bushfire information, it cannot be determined at this stage whether further clearing is required as the application has not been assessed under Section 79BA of the Environmental Planning and Assessment Act 1979. In view of this it is also unclear as to whether a flora and fauna impact assessment (known as the 8 part test) would be required. Submission: The additional construction work proposed on the site may have a detrimental effect on the dam adjacent to the property. Comment: Whilst uncontrolled earthwork could have a detrimental effect on the dam, if the development was granted consent, a condition would be imposed that requires soil erosion control measures be implemented for all earthworks on the site prior to the commencement of any works. These would need to be in accordance with Chapter 12 Section 12.6.5 Erosion and Sediment Control of Bellingen Shire Development Control Plan 2010. Submission: Truck traffic is regularly entering and exiting the property at 30 Osprey Drive. Concern is raised that an additional large storage shed will increase traffic volume and heavy vehicle activity if used for commercial purposes. Comment: These comments relate to the unauthorised commercial / industrial use of the site. The development as proposed by the applicant is residential and ancillary to residential. Regarding traffic and traffic generation, the proposed works should not cause any additional vehicular movement, except during the construction stage. However, given the history of non-complying development on this property the shed may be used for industrial purposes which may significantly increase traffic and noise. Submission: An increase in noise from the industrial activity on the property will be increased if a large shed is built on the allotment and used for commercial purposes. Comment: As referenced above the shed is not proposed for industrial activity. Notwithstanding this if development consent was to be granted a condition of consent would be imposed that the any noise generation must comply with the provisions of the Protection of the Environment Operations Act. Given the history of non-complying development on this property the shed may be used for industrial purposes which may significantly impact on the rural/residential amenity of the locality. SECTION 79C(1)(e) – THE PUBLIC INTEREST As evidenced from the submissions above, the main concern that the public have is that the shed is going to be used for commercial purposes. This is understandable given the recent history of the site. If Council were to approve a shed/studio of this size, a condition would need to be imposed to ensure that the shed was not used or adapted for commercial purposes.


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However, it is noted that legal compliance action can take considerable time and money and it is in the public interest to avoid such situations in the first instance. The machinery shed/studio also has the potential to impact on the visual amenity of the area. Being a large two storey structure, it will be visible from Osprey Drive. The shed is quite large and of an ‘industrial’ appearance. The building would have a finished height of approximately 9 metres above ground level. No colour scheme has been provided to determine if the ‘colorbond’ structure will blend in with the surrounding natural environment. However, this aspect could be subject to an appropriate condition of consent. There remains a lack of adequate information to assess bushfire impacts, and therefore Council cannot approve the residential component. ANY OTHER RELEVANT LEGISLATION/ MATTER There are no other relevant matters to consider. BUDGETARY IMPLICATIONS Budgetary implications may arise as a result of a need for Council to defend against an appeal for any refusal of the application. Section 97 of the Environmental Planning and Assessment Act 1979 provides that: (1) An applicant who is dissatisfied with the determination of a consent authority with

respect to the applicant’s development application (including a determination on a review under section 82A) may appeal to the Court within 6 months after: (a) the date on which the applicant received notice, given in accordance with the

regulations, of the determination of that application or review, or (b) the date on which that application is taken to have been determined under section

82 (1). (2) An applicant who is dissatisfied with a decision that a consent authority, or a person

specified by the consent authority, is not satisfied as to a matter, being a specified aspect of the development that is to be carried out to the satisfaction of the consent authority, or person, pursuant to a condition imposed under section 80A (2), may appeal to the Court within 6 months after: (a) the consent authority or person notifies the applicant of its decision, or (b) the date on which the applicant’s request is taken to have been determined under

section 80A (3). (3) An applicant who is dissatisfied with a decision that a consent authority is not satisfied as

to a matter, being a matter as to which it must be satisfied before a “deferred commencement” consent under section 80 (3) can operate, may appeal to the Court within 6 months after the consent authority notifies the applicant of its decision.

(4), (5) (Repealed) (6) An appeal under this section relating to a development application for consent to carry

out designated development in respect of which an objection has been made in accordance with the regulations must not be heard by the Court until after the expiration of the time within which an objector may appeal to the Court under section 98.

(7) This section does not apply to a development application for designated development determined by the consent authority after a public hearing held by the Planning Assessment Commission, or to the determination of the application.

Any appeal against the determination of Council, or against a deemed refusal resulting from the failure of Council to make a determination, would have financial and resource implications for Council.


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SUSTAINABILITY ASSESSMENT The development as proposed in unlikely to have any significant social or economic impacts. The environmental impacts of the development on vegetation cannot be fully assessed as inadequate information has been submitted to determine required bushfire buffer and associated flora and fauna impacts. The cumulative visual impact of the proposed industrial type development will not sustain the rural-residential character of the locality. ENGAGEMENT The application was notified in accordance with clause 11.6.5 of Council’s DCP with adjoining/nearby owners notified from 29 May 2012 to 19 June 2012 inclusive as addressed above. REFERRALS An internal referral was made to Council’s Development Engineer to provide expert comment on the proposal and is addressed below. An external referral was made to the NSW Rural Fire Service to provide expert comment on the proposal. Internal Referrals The application was referred to Council’s Development Engineer and the reply is paraphrased below. The site is being used for residential and commercial purposes. The proponent is running a solar panel business and they are one of the largest wholesalers in the region. There is an existing warehouse/shed attached with an office. The land is zoned RU4 (Primary Production Small Lots) pursuant to Council’s LEP 2010. The land in general slopes down towards the south where all stormwater runoff and overflow pipes are being directed to. Considerations in relation to access are as follows: The only access is off Osprey Drive, which is of sufficient width, bitumen paved and in very good condition. The internal access is of same standard. The road shoulders on both sides are wide enough to allow two vehicles to pass each other. All the physical amenities are connected by internal road network. The manager of the warehouse advised that all proposed infrastructure would be connected by the same network. No work is needed in the road reserve. However the proposed machinery shed & studio need to be connected with internal road network. The access shall be of same standard as the existing internal roads. Council’s requirement in this instance would be two coat (10 mm and 7 mm aggregate coats) sprayed bitumen seal or 25 mm thick asphaltic concrete (AC10) on dense graded gravel base course of not less than 150 millimetres compacted thickness, as heavy vehicle movements are expected to and from the proposed shed. There were no recommended engineering conditions for the Development Consent. A Roads Act Consent was not required for this application. External Referrals The application was referred to the NSW Rural Fire Service (RFS) on 29 May 2012. A response was received from the RFS on 13 June 2012. The RFS advised that they were not in a position to properly assess the application as they required detailed information as to how the proposal will comply with the ‘Planning for Bushfire Protection’ document.


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This information was passed onto the builder acting on behalf of the applicant, who subsequently provided Council with further information that was submitted to the RFS for comment. On 21 September 2012, the NSW RFS sent Council a letter stating that the Service cannot support the proposed development because the requested information was not received to assess the application. When the NSW RFS was questioned about this, they stated that the provided information on both occasions was inadequate. To date the applicant has not provided a further report for referral to the RFS. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: This application aligns with the following strategic direction within the Shire of Bellingen 2030 Community Strategic Plan: Living Environment. We live sustainably and reduce our ecological footprint and contribution to climate change CONCLUSION: All matters under Section 79C(1) of the Environmental Planning and Assessment Act 1979 have been carefully considered and the relevant matters have been discussed in the foregoing report. The proposal to construct the expanded dwelling (bedroom pavilion) cannot be determined as it is unknown if the proposal can comply with Section 79BA (regarding bushfire risk) of the Environmental Planning and Assessment Act 1979. The machinery shed/studio is subject to the bushfire issue as well, however, it is also out of character with the surrounding development being of an industrial appearance. The property already has a large shed with a floor space of 290 square metres, and the size and position of the proposed shed which will be visible from Osprey Drive will degrade the visual character of this area. The gazebo has been constructed to a stage where it is near completion. The applicant would need to lodge an application for the ‘continued use’ of the building to legalise its ongoing use. OFFICERS RECOMMENDATION: That Development Application No: 2012/DA-063 be refused for the following reasons: 1. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act,

1979 the proposal fails to comply with clause 2.3 of the Bellingen LEP 2010 and the associated objectives for the RU4 Primary Production Small Lots zone, in that the proposed machinery shed is of an industrial character, which is not considered to be visually compatible with the other land uses in the locality. Given the current use of the land for an unauthorised industry, the proposed machinery shed may also be used for purposes that conflict with other uses in the locality.

2. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act,

1979 and Clause 8 of SEPP 71 Coastal Protection and Clause 5.5(2) of Bellingen LEP 2010, it is considered that the proposed machinery shed will have an adverse visual impact on the scenic quality of the locality, as the shed is of an industrial scale and appearance that will be clearly visible from Osprey Drive.

3. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979 the proposal fails to comply with the Chapter 1 (Single Dwellings) of Bellingen DCP 2010 in that:


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a) The proposed shed in conjunction with an existing shed will visually intrude upon a significant part of the streetscape. Pursuant to DCP clause 1.6.5 - Urban design, this is not considered to be a desirable or appropriate urban design outcome for buildings that should be ancillary to a dwelling-house.

b) The applicant has not submitted a bushfire report to enable proper assessment of bushfire risk and required buffers. Therefore, pursuant to DCP clause 1.6.8 - Environmental impacts the potential environmental impact of the development on existing vegetation and fauna cannot be fully assessed.

c) Pursuant to DCP clause 1.6.12 - Expanded dwellings, the proposed expanded dwelling component will be located outside of the maximum permitted 30m radius measured from the centre of the existing dwelling’s main building, and will exceed the maximum permitted floor area of 40 square metres (for additional building components) by 40%. Given the size and the separation distance of the proposed expanded dwelling component from the main dwelling, there is concern that this could be used as a separate residence.

d) The proposed studio within the machinery shed substantially exceeds (by more than five times) the maximum 30 square metre floor area specified in DCP clause 1.6.13 - studios.

4. Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act, 1979

the development is considered likely to have an adverse impact on the locality. The size and scale of the proposed two storey machinery shed / studio is considered excessively large and out of keeping with the surrounding development, particularly in view of the fact that a 290 square metre shed already exists on the site. In relation to context and setting it is considered that the large machinery shed/studio would detract from the scenic qualities and features of the landscape as it would be clearly visible from Osprey Drive.

5. Pursuant to Section 79C(1)(c) of the Environmental Planning and Assessment Act, 1979

the applicant has failed to submit adequate information to enable Council to determine whether the site is suitable for the proposed development due to the site being bushfire prone. If further vegetation clearing is required to provide adequate asset protection zones, a Flora and Fauna impact assessment report may also be required to determine if the site is suitable for further development.

6. Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979

the proposal will not be in the public interest, as it is considered that the proposal has the potential to impact on the visual amenity of the area. Being a large two storey structure, it will be clearly visible from Osprey Drive. There is also concern that the shed has the potential to be used for unauthorised industrial purposes, as the land is currently being used for an unauthorised industry.

ATTACHMENTS There are no attachments for this report. Next Business Item 8.2

08.038/12 RESOLVED (Cr Scott/Cr Klipin) That the Item be deferred for consideration until after the Public Access UNANIMOUS


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08.038/12 RESOLVED (Cr Scott/Cr King) That Development Application No: 2012/DA-063 be refused for the following reasons: 1. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act,

1979 the proposal fails to comply with clause 2.3 of the Bellingen LEP 2010 and the associated objectives for the RU4 Primary Production Small Lots zone, in that the proposed machinery shed is of an industrial character, which is not considered to be visually compatible with the other land uses in the locality. Given the current use of the land for an unauthorised industry, the proposed machinery shed may also be used for purposes that conflict with other uses in the locality.

2. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act,

1979 and Clause 8 of SEPP 71 Coastal Protection and Clause 5.5(2) of Bellingen LEP 2010, it is considered that the proposed machinery shed will have an adverse visual impact on the scenic quality of the locality, as the shed is of an industrial scale and appearance that will be clearly visible from Osprey Drive.

3. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979 the proposal fails to comply with the Chapter 1 (Single Dwellings) of Bellingen DCP 2010 in that: a) The proposed shed in conjunction with an existing shed will visually intrude upon

a significant part of the streetscape. Pursuant to DCP clause 1.6.5 - Urban design, this is not considered to be a desirable or appropriate urban design outcome for buildings that should be ancillary to a dwelling-house.

b) The applicant has not submitted a bushfire report to enable proper assessment of bushfire risk and required buffers. Therefore, pursuant to DCP clause 1.6.8 - Environmental impacts the potential environmental impact of the development on existing vegetation and fauna cannot be fully assessed.

c) Pursuant to DCP clause 1.6.12 - Expanded dwellings, the proposed expanded dwelling component will be located outside of the maximum permitted 30m radius measured from the centre of the existing dwelling’s main building, and will exceed the maximum permitted floor area of 40 square metres (for additional building components) by 40%. Given the size and the separation distance of the proposed expanded dwelling component from the main dwelling, there is concern that this could be used as a separate residence.

d) The proposed studio within the machinery shed substantially exceeds (by more than five times) the maximum 30 square metre floor area specified in DCP clause 1.6.13 - studios.

4. Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act,

1979 the development is considered likely to have an adverse impact on the locality. The size and scale of the proposed two storey machinery shed / studio is considered excessively large and out of keeping with the surrounding development, particularly in view of the fact that a 290 square metre shed already exists on the site. In relation to context and setting it is considered that the large machinery shed/studio would detract from the scenic qualities and features of the landscape as it would be clearly visible from Osprey Drive.

5. Pursuant to Section 79C(1)(c) of the Environmental Planning and Assessment Act,

1979 the applicant has failed to submit adequate information to enable Council to determine whether the site is suitable for the proposed development due to the site being bushfire prone. If further vegetation clearing is required to provide adequate asset protection zones, a Flora and Fauna impact assessment report may also be required to determine if the site is suitable for further development.


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The meeting adjourned for morning tea at 10.30am The meeting reconvened at 10.47am

Next Business Item 9.3

6. Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act,

1979 the proposal will not be in the public interest, as it is considered that the proposal has the potential to impact on the visual amenity of the area. Being a large two storey structure, it will be clearly visible from Osprey Drive. There is also concern that the shed has the potential to be used for unauthorised industrial purposes, as the land is currently being used for an unauthorised industry.

UNANIMOUS


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Attachment 8.1.A Plans of refused development

08.038/12


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Attachment 8.1.B Submissions x 8 DWS 299691


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DWS 301239


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DWS 301241


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DWS 301232 From: Kit Moore [[email protected]] Sent: Tuesday, 19 June 2012 9:01:43 AM To: Council Subject: URGENT Attention Emma in Planning SUBMISSION Dear Emma, Driving along Osprey Drive daily, one cannot avoid the visual impact of the ongoing industrial development of the SOLAHART site . I. Have always understood that this area is zoned residential / semi rural . I was informed by council that notice has been given some time ago for the owner to move all industrial works to land owned in Coffs Harbour. The owner advises that he has no intention for this for at least a further 18 months. Meanwhile , a large number of trees have been taken out, a D/A is currently before Council for further building. Apart from the eyesight of this development in such a lovely residential area, it must be illegal according to the zoning, residential, semi rural. The traffic problem increases with the number of vehicles and trucks turning out of the access , causing at times near misses to traffic proceeding to this blind corner from the EAST. This is highly dangerous ( there have been several near misses )and is for those neighbours close by noisy with reversing beeps from trucks at night. One must remember that this road is used by many accessing Wenonah Headland for recreational purposes. I ask that Council look at this development and defer the date for submissions. Only a couple of residents received this letter from Council. It would seem fair to advise all residents of Osprey Drive, Wiri Place, Hungry Head Rd by letter and give all a chance to pass their comments to Council. Now it appears there is one rule for one and another for the rest of this community. I only was advised last night that a submission had to be into Council by 4pm today. Rumors persist of a "Telstra tower" to be installed and staff have advised me personally that this is to occur, as their Internet connections for 10 staff are not acceptable. I ask again. That the closing of submissions be deferred and letters sent to all residents in this area. Kind regards, Kit Moore 16 Wiri Place. 66555 77781 Hungry Head Urunga NSW 2455 Sent from my iPad. Kit Moore


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DWS 301329

From: Val Kononow [[email protected]] Sent: Tuesday, 19 June 2012 2:05:50 PM To: Council Subject: Development Application Enquiry: 2012/DA-00063 (Development Application)

Hi, We have only just been alerted by neighbours about this development application and would like more information sent to us about the size and use of the shed to be built on this property as the area is zoned rural and not industrial. We do have a problem if the shed is used for industrial purposes! Val & Jacqui Kononow 112 Osprey Drive Urunga ph 6655-3136


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DWS 301773

From: David Milne [[email protected]] Sent: Saturday, June 23, 2012 11:16:01 AM To: Council CC: 'Jeanette Milne' Subject: Development Application 2012.AF-092;L6825

Attn Aaron Smith Dear Sir I was shocked to read details this afternoon of a proposed DA to the property of my neighbours Leah and Peter Bulyani. I heard of the proposal from my other neighbour, Peter Plunkett-Cole. I would like to put forward a submission and hope that Council will accept it 4 hours late (given the unusual circumstances that I have not been notified of the DA by Council). My submission relates to the riparian area between the dwellings and the lake. I am concerned about the effect of erosion (both immediate and ongoing). I am wondering whether or not the plans include building up this riparean area with small vegetation close to the lake and larger shrubs and trees a few metres back, in order to offset the damage from building and construction. If the plans do not include this safeguard then I would like to submit that the plans be amended to include it. Thank you and kind regards from Jeanette Milne (o457 355537) Dear Sir, Jeanette and myself are the owners of lot 110 Osprey Drive being lot 129 in DP 835501. I support the above comments and submission. ___________ David Milne Solicitor/Notary Public David Milne and Associates [email protected] T: 9499 7433

F: 9499 6621 OFFICE: Level 1

766 Pacific Highway GORDON NSW 2072

David Milne and Associates


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DWS 301867


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DWS 318474


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8.2 AMENDMENT OF BELLINGEN DCP 2010 – INTRODUCE “WASTE NOT”

DCP ELEMENTS File/Index: Planning Development Control Plans (Land Use and

Planning)/Site Waste Minimisation & Management Author: Daniel Bennett, Strategic Planner REPORT SUMMARY: This report discusses the outcomes of the community engagement process adopted for the introduction of Draft Chapter 16 - Site Waste Minimisation & Management, Bellingen Development Control Plan (DCP) 2010. There were no submissions received on the draft chapter and it is recommended that Council proceed with its adoption. REPORT DETAIL: Background In order to remain eligible for funding received from the Office of Environment & Heritage (OEH), Council is required to introduce new development controls that manage waste generated in the construction process and in the ongoing operation of certain developments. Council’s Sustainability Officer has advised as follows with respect to the need for the introduction of new waste controls in Council’s DCP. The Waste and Sustainability Improvement Payment Program (WASIP) funding that we receive from OEH requires that we have in place a ‘Waste Not’ DCP or policy of similar nature that includes at least the following elements in order to be eligible for funding:

- a requirement to address the management of demolition and construction waste; and

- a requirement for submission of a waste management plan detailing the amount of demolition and construction waste likely to be generated and how these materials are to be sorted and dealt with; and

- a requirement for the on-site retention of demolition and construction waste dockets to confirm which facility received the material for recycling and disposal and

- consideration of the facilities required for the post completion ongoing operation of recycling and waste management services.

Council considered a report at its meeting of 27 June 2012 that proposed the introduction of Draft Chapter 16 - Site Waste Minimisation & Management to meet the requirements of OEH. Council resolved as follows with respect to this matter:


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08.025/12

RESOLVED (Cr Tuohy /Cr Scott) (1) That Council place the Draft Amendments to Bellingen Shire Development

Control Plan 2010 on public exhibition in accordance with the Consultation Strategy described in this report.

(2) That the Policy be distributed to relevant people in our Shire (3) That Council review the operation of the DCP (if adopted) after at least 1 year of

operation and as part of this review, consult with other regional Council’s who have introduced DCPs of this nature regarding their experience.

UNANIMOUS Community Engagement Process and Outcomes The amendment of a DCP requires public consultation in accordance with the requirements of Section 18 of the Environmental Planning & Assessment Regulation 2000. This involves the placement of an advertisement in the local newspaper and public exhibition for a minimum period of 28 days. The Bellingen Shire Council Community Engagement Strategy was adopted by Council at it’s meeting of 22 February 2012. This Strategy is designed to outline the approach Bellingen Shire takes towards engaging with our community Having regard to the Community Engagement Strategy, it was considered that the Draft DCP amendment is appropriately categorised as having a LEVEL 3 impact (ie: Lower impact – Shire Wide). There are no specific engagement measures that are essential for Level 3 Impact activities, however it is essential to both “Inform” and “Consult” the community. The following specific measures were undertaken to inform, and consult with, the community. Inform Notice / Advert in local paper – An advertisement was placed in the Courier Sun & Don Dorrigo Gazette on 11 July 2012 advising that the Draft Chapter 16 would be on public exhibition from 12 July 2012 until 10 August 2012. Web site – The Draft Chapter 16 and Council Report was placed on Council website for the duration of exhibition period. Consult Public exhibition – Place Draft Amendments to Bellingen DCP 2010 on public exhibition from 12 July 2012 until 10 August 2012. Exhibit at Bellingen, Dorrigo & Urunga Libraries and Council Administrative Centre. A letter was also sent to those who attended the most recent Developers Forum held in March 2012 advising them of the Draft Chapter 16 and inviting them to make a submission. At the closure of the public exhibition period Council had received no submissions in respect of the Draft Chapter 16.


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BUDGETARY IMPLICATIONS: A failure to adopt Draft Chapter 16 will jeopardise the receipt of funding received by Council from OEH under the Waste and Sustainability Improvement Payment (WaSIP) program. Council’s Sustainability Officer has advised that WaSIP funds are used in the manner described below:

Waste and Sustainability Improvement Payment (WaSIP) funds are aimed at assisting Councils to invest in actions and on programs that will improve waste avoidance, resource recovery, the use of secondary resources and waste management outcomes, and that will deliver improvements in environmental sustainability across their local government area. This year, Council will spend more than $118, 000 of WaSIP funding, a significant component of Council sustainability funds; contributing to the implementation of projects ranging from energy and water audits and energy efficiency upgrades to the Community Sustainability Centre Feasibility Study. The expenditure of WaSIP funding was subject to a report to the May 2012 Ordinary Meeting.

The final phase for adoption of Draft Chapter 16 involves the placement of an advertisement in the Courier Sun & Don Dorrigo Gazette advising of the adoption of the DCP amendment by Council and advising of the date upon which it will commence operation. Existing planning budget allocations can cover the cost of the required advertisement. SUSTAINABILITY ASSESSMENT: The introduction of these controls as a condition of the WASIP funding is a measure aimed at reducing the volume of waste entering landfill. This is clearly a measure in sustainability. ENGAGEMENT: The process and outcomes of community engagement undertaken to date have been discussed previously in this report. Two final measures of engagement are proposed to implement the proposed DCP Chapter 16.

1. Should Council resolve to proceed with adoption of Draft Chapter 16, Council is required to give public notice of its decision in a local newspaper within 28 days after the decision is made (pursuant to Section 21 of the Environmental Planning & Assessment Regulation 2000). The Chapter then comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

2. Council resolved at it’s meeting of 27 June 2012, “That the Policy be distributed to relevant people in our Shire”. In this regard, it is proposed that Council distribute a copy of the Draft DCP Chapter to:

a) A list of 106 Builders who have recently lodged applications with Council, compiled by Council’s Customer Services Officer.

b) A list of attendees of Council’s Developer Forums. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: The adoption of Chapter 16 - Site Waste Minimisation & Management aligns with the following strategic directions in the Shire of Bellingen 2030 Community Strategic Plan.


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LIVING ENVIRONMENT – ( We reduce, reuse, recycle) The consumption of resources is minimised We reduce, ruse and recycle our waste OFFICERS RECOMMENDATION: (1) That, pursuant to Section 21(1)(a) of the Environmental Planning &

Assessment Regulation 2000, Council resolve to approve the amendment to Bellingen Shire DCP 2010 involving the adoption of Chapter 16 - Site Waste Minimisation & Management in the form in which it was publicly exhibited.

(2) That, pursuant to Section 21(2) of the Environmental Planning & Assessment

Regulation 2000, Council gives public notice of its decision in the Courier Sun & Don Dorrigo Gazette on Wednesday 7th November 2012, advising that the amended DCP commences operation on Thursday 8th November 2012.

(3) That Council distribute a copy of Chapter 16 to relevant people in our Shire in

accordance with the proposal detailed in this report. ATTACHMENTS: 8.2. A Chapter 16 – Site Waste Minimisation & Management (DWS 319576)

08.039/12 RESOLVED (Cr Scott/Cr Klipin) (1) That, pursuant to Section 21(1)(a) of the Environmental Planning & Assessment

Regulation 2000, Council resolve to approve the amendment to Bellingen Shire DCP 2010 involving the adoption of Chapter 16 - Site Waste Minimisation & Management in the form in which it was publicly exhibited.

(2) That, pursuant to Section 21(2) of the Environmental Planning & Assessment

Regulation 2000, Council gives public notice of its decision in the Courier Sun & Don Dorrigo Gazette on Wednesday 7th November 2012, advising that the amended DCP commences operation on Thursday 8th November 2012.

(3) That Council distribute a copy of Chapter 16 to relevant people in our Shire in

accordance with the proposal detailed in this report. UNANIMOUS


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8.3 DEVELOPMENT APPLICATION FEE WAIVER, URUNGA MEN’S SHED –BELLINGEN SHIRE RECYCLING HUB, No. 146 SHORTCUT ROAD, RALEIGH

File/Index: 2012/AF-222 Author: Denique Littler, Manager Planning

REPORT SUMMARY: The purpose of this report is to request that Council waive the requirement for payment of Advertising fee of $285.00, Development Application fee of $206.00, s68 Local Government Act Approval fee of $115, Local Construction Certificate fee of $138.00 and associated inspection fees of $378.00.

REPORT DETAIL: Council has received a Development Application from the Urunga Men’s Shed for additions to and the continued use of the existing premises housing the Urunga Men’s Shed located at Council’s Recycling Hub, Lot 86 DP630914, No. 146 Shortcut Road, Raleigh. The DA was received by Council on 15 October 2012. Mr John Hamill, President of the Urunga Men’s Shed has requested a fee waiver (copy shown as attachment A) for the following reasons:

Ø Urunga Men’s shed is run by a group of community volunteers; Ø Urunga Men’s Shed is currently unfunded and has very limited available

funds; and Ø Income is primarily generated from community projects undertaken at the

shed, membership fees and donations.

It should be noted that advertising fees are generally not waived, as the fee is required to covers costs payable by Council to third parties i.e. the local newspapers. BUDGETARY IMPLICATIONS: The proposal to waive fees will result in a loss of $1122.00 of associated development application fees to Council. If the advertising fee remains imposed, then the net loss of fess to Council will be $837.00.

SUSTAINABILITY ASSESSMENT: The Urunga Men’s Shed is a non-profit organisation providing a community facility. It is considered that the waiving of the fees will contribute to the economic sustainability of the community organisation, which in turn, through their community activities will contribute towards the social sustainability of the community.


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ENGAGEMENT: The matter has been discussed with Council’s Director of Environmental Health and Planning and the Senior Development Planner. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: The waiver of the associated development application fees aligns with the following strategic direction within the Shire of Bellingen 2030 Community Strategic Plan. Community Wellbeing

- Our community is inclusive, creative and empowered to achieve a sustainable future

- We are a learning and creative community

RECOMMENDATION That Council waive the requirement for payment of associated development application fees for the Urunga Men’s Shed, with the exception of the advertising fee of $285.00.

ATTACHMENTS: There are no attachments for this report.

08.040/12 RESOLVED (Cr Troy/Cr King) That Council waive the requirement for payment of associated development application fees for the Urunga Men’s Shed, with the exception of the advertising fee of $285.00. UNANIMOUS


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Attachment 8.3.A


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8.4 ADOPTION OF ARTS & CULTURAL PLAN 2012 File/Index: Planning (Recreation and Cultural Services) – Arts & Cultural

Plan Author: Ros Ward, Administration Assistant REPORT SUMMARY: Council’s Arts & Cultural Committee has prepared a draft revised Arts & Cultural Plan, for Council’s consideration. This Plan was put on exhibition for one month and it is now recommended that this Plan be adopted. REPORT DETAIL: At its meeting of 26 May 2010, Council adopted the Bellingen Shire Arts & Cultural Plan. The Arts & Cultural Advisory Committee subsequently decided to rewrite this plan due to the need for the Plan to be relevant, concise and clearly written and for it to clearly express the objectives and reflect the needs of the community. It was also important for the achievements of the Arts & Cultural Committee and the Plan to be regularly assessed. At its meeting of 25 July 2012, Council resolved to submit the draft Plan to the August Council meeting for adoption prior to going on public exhibition (Resolution 12.018/12). At its meeting of 22 August 2012, Council resolved to adopt the draft Plan and place it on public exhibition (Resolution 08.034/12). The draft Arts & Cultural Plan 2012 was placed on public exhibition for one month from 5 September 2012 to 3 October 2012. No submissions were received.

BUDGETARY IMPLICATIONS: The Plan will be funded by the yearly allocation to the Arts & Cultural Committee through Council's annual budget process. SUSTAINABILITY ASSESSMENT: The adoption of the Bellingen Shire Council Arts & Cultural Plan 2012 will provide effective guidelines for and allow a coherent approach to the planning and development of arts & cultural events throughout the Shire. The Plan provides people with the opportunities to learn and understand and encourage inspiration that develops a sense of belonging and stronger connection to community cultural life. ENGAGEMENT: The Arts & Cultural Committee is comprised of representatives of various arts groups throughout the Shire, who have all had input into the formulation of the Draft Arts & Cultural Plan 2012. Having regard to Council’s Community Engagement Strategy, it is considered that the Draft Arts & Cultural Plan 2012 is appropriately categorised as having a LEVEL 3 impact (i.e. Low impact – Bellingen Shire). Essential engagement measures for Level 3 impact (Low impact – Bellingen Shire) are to inform, consult, and involve. Specific engagement tasks for informing the community about this Draft Policy are: written correspondence, mail out; and web-site information/updates.


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To address the requirements of Council’s Community Engagement Strategy and the NSW Local Government Act 1993, the following actions were undertaken: 1. An advertisement was placed in the Bellingen Courier Sun and the Don Dorrigo

Gazette advising that the Arts & Cultural Plan 2012 Plan will be publicly exhibited for a period of one month.

2. The Draft Arts & Cultural Plan 2012 was made available for viewing at the Bellingen Shire Council Administrative Centre, Council Libraries and on Council’s website.

No submissions were received during the period of public exhibition. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: This project / initiative aligns with the following strategic direction within the Shire of Bellingen 2030 Community Strategic Plan. Community wellbeing • A diversity of cultural and artistic activities are available across the Shire Civic leadership • We are proactive in supporting, through representation and celebration, the

needs and desires of the community OFFICERS RECOMMENDATION: That the Draft Arts & Cultural Plan be adopted. ATTACHMENTS: There are no attachments for this report. 08.041/12 RESOLVED (Cr Scott/Cr Harrison) That the Draft Arts & Cultural Plan be adopted. UNANIMOUS


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TABLE OF CONTENTS 1. Stakeholders .............................................................................................. 2 2. Objectives ................................................................................................... 3

3. Action Strategies ....................................................................................... 3

3.1 Performing Arts ................................................................................ 3 3.2 Visual Arts & Creative Industries ...................................................... 4 3.3 Literature .......................................................................................... 4 3.4 Cultural Diversity .............................................................................. 4 3.5 Infrastructure & Networks ................................................................. 4 3.6 Marketing & Promotion ..................................................................... 5 3.7 Resources ........................................................................................ 5 3.8 Evaluation ........................................................................................ 5


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1. Stakeholders

Bellingen Shire Council Arts Mid North Coast Bellingen Arts & Cultural Committee Bellingen Community Arts Council Bellingen Music Association Arts Council of the Dorrigo Visual, Performing Arts & literature groups Exhibition & Festival Organisers Relevant indigenous groups Shire libraries

Promotion & Distribution of the Plan Copies of the Plan as revised in 2012 are available for viewing at Council’s Administration Centre, in libraries at Dorrigo, Urunga and Bellingen and on Council's website at www.bellingen.nsw.gov.au. Members of the community may purchase copies of the Plan at Council's Administration Centre.


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2. Objectives 2.1 The Plan has been developed to assist Council, relevant Government Agencies, the

Arts Councils and various other community arts and cultural groups in the Shire to:

• Provide a range of artistic and cultural services, programs and activities in the Shire.

• Provide appropriate facilities in the Shire for such services, programs and activities.

• Support and develop the artistic and cultural talent in the Shire.

2.2 The objectives of the Plan include:

• Assisting with the direction and development of artistic and cultural activities in the Shire.

• Providing Action Plans to assist Council to implement a desirable level and range of artistic and cultural services, programs and activities.

• Providing guidance and advice to Council on artistic and cultural matters in the Shire.

• Promoting the development of art and cultural activities within the Shire as a significant element of Council's strategic planning and budgetary processes.

• Helping to identify artistic and cultural resources within the Shire. • Assisting local economic growth through arts and cultural facilities and programs. • Facilitating the communication and collaboration between various artistic &

cultural groups. • Enhancing the local cultural experience for visitors. • Providing support for the cultural needs of Bellingen Shire residents.

3. Action Strategies 3.1 Performing Arts

includes theatre, dance, mime, music, poetry slams and street theatre.

• Support funding requests from local & touring performance artists and events organizers if appropriate.

• Assist local performers and performance organizations where appropriate. • Encourage and provide assistance for the development of performing arts youth

projects. • Provide letters of support and financial contributions where possible. • Support arts & cultural workshops in areas of identified interest in liaison with

relevant groups and non-government organisations (NGOs). • Create a media contact list available for all event organizers.


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3.2 Visual Arts & Creative Industries includes painting, drawing, cartooning, electronic and video art, environmental art and temporary installations, cinema, sculpture and photography. Also includes: furniture makers; jewellers; metal smiths; glaziers, leatherworkers; textile artists; spinners, weavers; wood workers and potters.

• Support the development of local visual art & cultural activities. • Support the use of exhibition and workshop spaces and identify available public

areas for art display, art workshops and performance art. • Support and promote the development of public art as per Council’s Public Art

Plan. • Support indigenous arts, arts festivals and cultural exhibitions. • Support the development of local craft groups, craft festivals, exhibitions, outlets

and markets. 3.3 Literature

includes literature, writing, reading and poetry. • Support local writers & readers. • Support the ongoing development of literary festivals. • Support the role of libraries.

3.4 Cultural Diversity involves the recognition of Australia’s indigenous peoples, minority groups and people of different cultural backgrounds.

• Promote the understanding of cultural diversity in the Bellingen Shire. • Support the development and display of indigenous and minority art and cultural

works in the local Community. • Promote acknowledgment and respect for indigenous art & culture.

3.5 Infrastructure & Networks

• Support Management Committees to improve and maintain Community Halls and facilities for performance, visual, literary and creative arts.

• Support the development of suitable facilities for the expansion of community based cultural education and awareness of workplace requirements.

• Encourage the involvement of youth, senior & disadvantaged citizens. • Support the pursuit of infrastructure funding for the development of a dedicated

arts, crafts & cultural centre. 3.6 Marketing & Promotion

marketing and promotion of local cultural events, groups and artists and raising their profile.


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• Liaise with relevant groups, artists, festival organizers, Chambers of Commerce, Government bodies and tourism officers to ensure promotion of cultural events.

• Assist with promotion of events, cultural groups, and artists via the Council's website.

• Develop relations and cooperative arrangements with local media including TV, radio, press, websites etc.

3.7 Resources

include social capital, partnerships, sponsorship, government grants, community fundraising, arts councils and volunteers.

• Responsibly use the funding allocated by Council for cultural expression and

development space. • Direct community groups &events organizers to the services of the Council’s

grants officer. • Assist in the process of applying for grants for Arts & Cultural Projects.

3.8 Evaluation

The following indicators are used to assess the ongoing achievements of the Plan.

• The results of the ongoing Arts & Cultural Committee advice provided to Council e.g. number and type of recommendations accepted by Council.

• Achievements of the Arts & Cultural Committee under the Plan. • Effectiveness of the use of the arts and cultural budget. • Evaluation of the relevance of the Plan annually taking into consideration funding

cycles. • The type, amount and frequency of information and assistance sought by Council

and the community from the Arts & Cultural Committee. • The relevance of the Arts & Cultural Plan in reflecting community priorities and

needs.


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9. REPORTS BY DIRECTOR OF CORPORATE SERVICES 9.1 DELEGATIONS TO THE MAYOR AND DEPUTY MAYOR File/Index: Authorisations (Governance)/Mayor and Deputy Mayor Author: Peter Wilson, Director of Corporate Services REPORT SUMMARY: Section 380 of the NSW Local Government Act 1993 requires that each council must review all its delegations during the first twelve months of each term of office. REPORT DETAIL: The functions of the Mayor are laid down in Section 226 NSW Local Government Act 1993 which provides: - “226 What is the role of the mayor? The role of the mayor is: • to exercise, in cases of necessity, the policy-making functions of the governing body of

the council between meetings of the council • to exercise such other functions of the council as the council determines • to preside at meetings of the council • to carry out the civic and ceremonial functions of the mayoral office.” BUDGETARY IMPLICATIONS: There are no financial implications. SUSTAINABILITY ASSESSMENT: The delegations formalise authority to be given to the Mayor and in his absence of the Deputy Mayor. They are consistent with the role of the Mayor under Section 226 of the NSW Local Government Act 1993. ENGAGEMENT: In accordance with Section 377 of the NSW Local Government Act, 1993, the Council at its meeting of 26 August 2009 granted the delegations to the Mayor and Deputy Mayor as set out in the recommendation below. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: Civic Leadership – Strategic Direction 1.4 – Best practice, sustainability principles, accountability and good governance are incorporated in all that we do. OFFICERS RECOMMENDATION: (1) That pursuant to Sections 377 to 381 of the NSW Local Government Act, 1993 Council

hereby delegates to the Mayor the authority to: (i) Appoint a person to the position of Acting General Manager temporarily whilst the

existing General Manager is on leave of absence (s.351); or during such time as there is a vacancy in that position until a temporary appointment can be determined by the Council.

(ii) To approve the attendance of the General Manager and Councillors at conferences, seminars, meetings and courses.

(iii) To approve leave of absence for the General Manager in accordance with the Contract of Employment.


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(iv) Exercise, in cases of necessity, the policy making functions of Council between meetings of the Council, provided such matters are reported to the next Ordinary Council Meeting. (s.226.)

(v) Make appropriate media statements on behalf of Council in relation to policy decisions or any other matter.

(vi) Use a Council credit card for Council business. (2) That pursuant to Sections 377 to 381 NSW Local Government Act, 1993 Council hereby

delegates to the Deputy Mayor all powers, authorities, duties, functions and delegations of the Mayor during any period when the Mayor is prevented by absence, illness or otherwise from performing the Mayoral duties or during such time as there is an extraordinary vacancy in the office of Mayor.

ATTACHMENTS: There are no attachments for this report. 09.037/12 RESOLVED (Cr Harrison/Cr Scott) (1) That pursuant to Sections 377 to 381 of the NSW Local Government Act, 1993 Council

hereby delegates to the Mayor the authority to: (i) Appoint a person to the position of Acting General Manager temporarily whilst the

existing General Manager is on leave of absence (s.351); or during such time as there is a vacancy in that position until a temporary appointment can be determined by the Council.

(ii) To approve the attendance of the General Manager and Councillors at conferences, seminars, meetings and courses.

(iii) To approve leave of absence for the General Manager in accordance with the Contract of Employment.

(iv) Exercise, in cases of necessity, the policy making functions of Council between meetings of the Council, provided such matters are reported to the next Ordinary Council Meeting. (s.226.)

(v) Make appropriate media statements on behalf of Council in relation to policy decisions or any other matter.

(vi) Use a Council credit card for Council business. (2) That pursuant to Sections 377 to 381 NSW Local Government Act, 1993 Council hereby

delegates to the Deputy Mayor all powers, authorities, duties, functions and delegations of the Mayor during any period when the Mayor is prevented by absence, illness or otherwise from performing the Mayoral duties or during such time as there is an extraordinary vacancy in the office of Mayor.

UNANIMOUS


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9.2 APPOINTMENT OF COUNCIL DELEGATES TO EXTERNAL BODIES &

COMMUNITY ORGANISATIONS File/Index: Governance/Council & Committees/Councillor Representation Author: Peter Wilson, Director of Corporate Services REPORT SUMMARY: This report deals with the appointment of Councillors as delegates to external bodies and community organisations. REPORT DETAIL: The external bodies on which Council has a representative(s) are set out in the table below. External Body Councillor

Representation Indicative Meeting Cycle

Tourism Coffs Coast Board

One (1) Councillor Meet monthly 2nd Wednesday 4.30pm – 6.30pm Location - Coffs Harbour

NSW North Coast Noxious Weeds Advisory Committee

One (1) Councillor Meet quarterly 2nd Wednesday February, May, August, November 9.30am – 12.00 Variable locations between Nambucca and Tweed

Arts Mid North Coast Board

One (1) Councillor Meet quarterly on a Friday February, May, August, November 9.30am – 3.00pm Location - Kempsey

Clarence Regional Library Committee

Two (2) Councillors

Meet quarterly 1st Friday February, May, August, November 10.00am – 1.00pm Location - Bellingen and Grafton on rotation

Mid North Coast Weight of Loads Committee

One (1) Councillor Meet March and November on a Monday Variable locations

Bellingen High School Multipurpose Centre Committee

Two (2) Councillors Meetings coordinated by High School (meet on an as needs basis)

Mid North Coast Bushfire Management Committee [Coffs Harbour and Bellingen Districts]

One (1) Councillor Meet quarterly 1st Wednesday February, May, August, November 10.00am Location - Coffs Harbour


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NSW RFS Liaison Committee

Mayor One (1) Councillor

Meet quarterly 10.00am – 12.00 Location - Bellingen

Dorrigo Catchment Steering Group

One (1) Councillor Meet 3-4 times a year

Joint Regional Planning Panel

One (1) Councillor As required

BUDGETARY IMPLICATIONS: Representation is covered under Council’s Payment of Expenses and Provision of Facilities to Councillors Policy. SUSTAINABILITY ASSESSMENT: Quality governance is critical to the sustainability of councils and Councillor representation on local and regional committees is designed to improve the decision making process, both in terms of enhancing the community’s confidence in the performance of elected representatives and the systems underpinning council’s decision making processes. ENGAGEMENT: A Councillor workshop was held on 26 September 2012 to brief Councillors on the functions of the external organisations. An outcome of the workshop was for councillor delegates to be appointed for an initial period of two years which would provide an opportunity to evaluate their role and responsibility. This would therefore require a review to be undertaken in Q2 of 2014/15. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: Civic Leadership – Strategic Direction 1.4 – Best practice, sustainability principles, accountability and good governance are incorporated in all that we do. OFFICERS RECOMMENDATION: (1) That Councillors be appointed to the external bodies and community organisations for the

term ending 31 December 2014 (2) That a Councillor be appointed to Tourism Coffs Coast Board (3) That a Councillor be appointed to NSW North Coast Noxious Weeds Advisory Committee (4) That a Councillor be appointed to Arts Mid North Coast Board (5) That two Councillors be appointed to Clarence Regional Library Committee (6) That a Councillor be appointed to the Mid North Coast Weight of Loads Committee (7) That two Councillors be appointed to Bellingen High School Multipurpose Centre Committee (8) That a Councillor be appointed to Mid North Coast Bushfire Management Committee (9) That a Councillor be appointed to the NSW Rural Fire Service Liaison Committee (10) That a Councillor be appointed to Dorrigo Catchment Steering Group (11) That a Councillor be appointed to Joint Regional Planning Panel (12) That the appointment of delegates be reviewed in Q2 of 2014/15 ATTACHMENTS: There are no attachments to this report.


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Next Business Item 4.1

09.038/12 RESOLVED (Cr Scott/Cr King) (1) That Councillors be appointed to the external bodies and community organisations for the term

ending 31 December 2014 (2) That a Councillor be appointed to Tourism Coffs Coast Board (3) That a Councillor be appointed to NSW North Coast Noxious Weeds Advisory Committee (4) That a Councillor be appointed to Arts Mid North Coast Board (5) That two Councillors be appointed to Clarence Regional Library Committee (6) That a Councillor be appointed to the Mid North Coast Weight of Loads Committee (7) That two Councillors be appointed to Bellingen High School Multipurpose Centre Committee (8) That a Councillor be appointed to Mid North Coast Bushfire Management Committee (9) That a Councillor be appointed to the NSW Rural Fire Service Liaison Committee (10) That a Councillor be appointed to Dorrigo Catchment Steering Group (11) That a Councillor be appointed to Joint Regional Planning Panel (12) That the appointment of delegates be reviewed in Q2 of 2014/15

UNANIMOUS 09.038/12 RESOLVED (Cr Troy/Cr Carter) That Councillor Klipin be appointed to Tourism Coffs Coast Board UNANIMOUS 09.038/12 RESOLVED (Cr Scott/Cr Harrison) That Councillor Manning be appointed to NSW North Coast Noxious Weeds Advisory Committee UNANIMOUS 09.038/12 RESOLVED (Cr Scott/Cr Klipin) That Councillor Manning be appointed to Arts Mid North Coast Board UNANIMOUS 09.038/12 RESOLVED (Cr Harrison/Cr King) That Councillor Scott and Mayor Troy be appointed to Clarence Regional Library Committee UNANIMOUS 09.038/12 RESOLVED (Cr Scott/Cr Carter) That Councillor Carter be appointed to the Mid North Coast Weight of Loads Committee UNANIMOUS 09.038/12 RESOLVED (Cr Scott/Cr Troy) That Councillors Harrison and King be appointed to Bellingen High School Multipurpose Centre Committee UNANIMOUS


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09.038/12 RESOLVED (Cr Scott/Cr Harrison) That Councillor King be appointed to Mid North Coast Bushfire Management Committee UNANIMOUS 09.038/12 RESOLVED (Cr Scott/Cr Manning) That Councillor Carter be appointed to the NSW Rural Fire Service Liaison Committee UNANIMOUS 09.038/12 RESOLVED (CR Scott/Cr Manning) That Councillor Harrison be appointed to Dorrigo Catchment Steering Group UNANIMOUS 09.038/12 RESOLVED (Cr Scott/Cr Manning) That Councillor Klipin be appointed to Joint Regional Planning Panel UNANIMOUS


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9.3 ESTABLISHMENT OF A COUNCILLOR PORTFOLIO SYSTEM AND

ADVISORY COMMITTEE STRUCTURE File/Index: Council and Committees (Governance)/Councillor Representation Author: Peter Wilson, Director of Corporate Services REPORT SUMMARY: This report proposes a realignment of Council’s Committee Structure in the context of the aspirations and organisational priorities established by the Integrated Planning and Reporting Framework and specifically the Shire of Bellingen 2030 Community Strategic Plan. This report proposes the establishment of a Councillor Portfolio structure and a system of support for this approach. This matter was considered in principle by the previous Council and the direction proposed is in keeping with the previous Council’s resolutions in the matter. A councillor workshop was held on 26 September 2012, following the Ordinary Council Meeting, to finalise the alignment of the Council’s Advisory Committee structure and external body appointments with the Councillor Portfolios. A further report is now submitted to the October Ordinary Council Meeting for adoption. REPORT DETAIL: 1. Background

Council currently has a Committee structure established pursuant to the provisions of the NSW Local government Act 1993 which is inclusive of a Committee of the Whole of Council (Works Committee), a number of Advisory Committees, and a number of Section 355 Committees. With the adoption by Council of the Bellingen Integrated Planning and Reporting Framework which is inclusive of a range of community and organisational aspirations and priorities it is appropriate that the Committee structure be reconsidered. There are a range of influences to this process as outlined below: (a) Destination 2036

Destination 2036 is an initiative of the NSW government in relation to the future of Local Government. It provides a process and a forum for local government to explore issues around population, changing technologies and our economy, provision of services to local communities and to consider and develop structures and approaches to local government in NSW that will allow the sector to meet the needs and expectations of our communities of the future. Destination 2036 is the start of a new way of planning which moves local government in NSW from talking about and reacting to change, to managing change to create a preferred future. In effect, it will begin the strategic plan and delivery program for NSW local government, mirroring key elements of the integrated planning and reporting frameworks which individual councils are implementing. Destination 2036 provides a range of Directions and initiatives and the following are of particular relevance to governance:


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Direction: Quality Governance Enhance the governance framework to ensure community confidence in their council and to further enable local government to meet community needs and challenges Initiatives: - Ensure the Local Government Act supports stronger Local Government - Ensure strong and effective local governance (b) Shire of Bellingen 2030 Community Strategic Plan (CSP) The Plan includes the following 5 key aspirational themes: - Resilient economy - Community wellbeing - Places for people - Living environment - Civic Leadership In terms of Civic Leadership the CSP provides the following key directions: - Council is open and transparent and provides leadership and advocacy on behalf of our

community - Our community is informed and engaged with a strong sense of civic leadership - Council is proactive in representing the needs of our community (b) Draft NSW 2021 Mid North Coast Regional Action Plan

The Action Plan includes a range of priority areas and these are shown below relative to the key themes within the Bellingen CSP.

Exercise of Council Functions Section 355 of the NSW Local Government Act 1993 provides as follows: 355 How does a council exercise its functions? A function of a council may, subject to this Chapter, be exercised: (a) by the council by means of the councillors or employees, by its agents or contractors, by financial provision, by the provision of goods, equipment, services, amenities or facilities or by any other means, or (b) by a committee of the council, or

Mid North Coast Bellingen Shire Council

Economy Resilient Economy

Infrastructure Places for People

Transport Services Places for People

Health Community Wellbeing

Human Services Community Wellbeing

Local Environment and Communities Living Environment


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(c) partly or jointly by the council and another person or persons, or (d) jointly by the council and another council or councils (including by means of a Voluntary Regional Organisation of Councils of which the councils concerned are members), or (e) by a delegate of the council (which may, for example, be a Voluntary Regional Organisation of Councils of which the council is a member).

A range of other sections of the Act make provisions in relation to affiliated matters such as

expenditure of funds.

2. Councillor Portfolio System and Committee Structure

In the context of the influences outlined above, the key community priorities articulated within the Bellingen CSP and a newly elected Council the concept of a portfolio system is proposed. This proposal involves a portfolio system whereby Councillors are assigned responsibility for a key strategic focus area of Council. The portfolio system design and allocation, is a foundation for developing appropriate relationships within the organisation, with our community and at a regional/state/federal level for key strategies outlined in the Shire of Bellingen 2030 Community Strategic Plan. The system provides for Councillors to be assigned specific advocacy responsibilities for each of the five CSP themes. Alignment with the Advisory Committee structure, relevant S355 Committees and external organisations (where councillor delegates are appointed) is also seen as a means of developing stronger relationships. The Portfolio system in no way overrides or impinges on the requirements of the NSW Local Government Act that requires corporate decisions on policies and resources to be reached at properly constituted Council meetings, nor does it conflict with any provision of the Council’s Code of Conduct. Powers & Authorities The Portfolio system provides no formal delegated authority to the Portfolio Councillor. It provides, however, the Councillor with an opportunity to develop and maintain a heightened level of knowledge and leadership across the region in a specified field. The Portfolio system in no way overrides or impinges on the requirements of the NSW Local Government Act that requires corporate decisions on policies and resources to be reached at properly constituted Council meetings. The Portfolio system cannot conflict with any of the provisions of the Council’s Code of Conduct especially in relation to the provisions of the Act preventing Councillors from giving directions to staff on how they shall undertake their duties. The Portfolio system whilst inferring informal influence does not involve a portfolio Councillor assuming any of the roles normally prescribed to the Mayor. Similarly the Portfolio system cannot override the protocols in relation to communication between Councillors and Council staff.


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Strategic Focus The portfolio designations would be selected for their strategic importance to the Council and the community of Bellingen Shire. As prescribed in the Act, the Councillors’ endeavours, interest and influence should be focused more at the strategic level of issues of their portfolio, rather than the day to day operational matters that fall under the domain of the administration. Obligations In support of commitments to inclusive teamwork and co-operation between elected and staff members, the portfolio holders would be encouraged to establish clear, open and regular communication with their aligned Deputy General Managers and Organisational Unit Managers. Equally, the Deputy General Managers and Organisational Unit Managers would be required to recognise the role formally allocated to the portfolio holders by the Council and to offer high levels of engagement and support in a very practical and open manner.

To maximise the effectiveness of the portfolio systems each Councillor has an obligation to undertake such steps as necessary to gain a heightened knowledge and understanding on the principal issues of the portfolio. Portfolio Councillor Role In relation to the ambit of the respective portfolios, the initiative proposes that designated Councillors have responsibilities to:

- be a key point of contact and to engage with industry and community groups

and associations. - represent and advocate Council's policy and corporate positions where called

upon at forums, conferences and to other levels of government. - ensure consistent communication and messaging to the community as a

whole. - participate and where appropriate, lead any Council working groups or

meetings formed in relation to the relevant portfolio issues. - provide guidance and direction to the Council and the organisation through

participation, discussion and debate at Council and Committee meetings. - provide an elected viewpoint and to act as a sounding board for key staff on

issues relating to the portfolio. - generally champion the advancement of Council’s key priorities and decisions

relevant to the portfolio area. Mayoral Role Intergovernmental relations and advocacy are a core responsibility for the Mayor and the Mayor is typically the key advocate or spokesperson on key regional issues, which include but are not necessarily limited to:


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- Matters of emergency eg. floods, fires, cyclones - Major reputation management - State and/or Federal Government matters and relationships - Opening of major facilities - Initiatives and projects of major regional significance - Region wide planning matters - Major regional events - Major regional promotions - National and international charity appeals - General social commentary or industry-related matters. In the absence of the Mayor these functions would be assumed by the Deputy Mayor. Organisational links to portfolios The Portfolio proposal involves organisational support to Portfolio Councillors by way of linking each portfolio to an organisational unit manager, as follows: Portfolio Councillor (Aligned to Community Strategic Plan Themes)

Organisational Unit

Resilient Economy Manager Economic and Business Development Community Wellbeing Manager Community Wellbeing Places for People Deputy General Manager - Operations Living Environment Manager Sustainability and Natural Resources Civic Leadership General Manager and Deputy General Managers

In terms of broad guidelines, Organisational Unit Managers would - be a key organisational contact for portfolio holders - attend portfolio Committee meetings with their portfolio Councillor(s) - oversee the preparation of Business Papers for Council Committees - provide support to portfolio Councillors in terms of execution of portfolio responsibilities,

as outlined above - provide professional advice, and briefings on key issues relevant to portfolios - support the championing of key priorities relevant to the portfolio area

Proposed Committee Structure In the context of the formatting of Council Committees and the appointment of Councilors to external Committees (which must occur following the Local Government Elections), as well as the Portfolio Councillor appointments outlined above, the following Committee structure has been developed for consideration by the new incoming council. Proposed Councillor Portfolio Structure

CSP Theme

Councillor Portfolio

Committee of Council

Advisory Committee

S355 Committee

Resilient Economy

Resilient Economy [One Councillor]

Economic & Business Development Advisory Committee (Portfolio Councillor as Chair)

Saleyards (structure to be reviewed)


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Community Wellbeing

Community Wellbeing [Two Councillors]

Arts and Cultural Advisory Committee (Two Councillors with a Portfolio Councillor #1 as Chair) Community Wellbeing Advisory Committee (Two Councillors with a Portfolio Councillor #2 as Chair)

Bellingen Shire Youth Centre (structural review in progress)

Places for People

Places for People [One Councillor]

Works Committee (Whole of Council) - to be reviewed

Local Heritage Advisory Committee (Portfolio Councillor as Chair) Local Traffic Advisory Committee (Portfolio Councillor as Chair and an additional Councillor)

Dorrigo Hall Dorrigo Recreation Reserve

Living Environment

Living Environment [One Councillor]

Environmental Sustainability Advisory Committee (Portfolio Councillor as Chair)

Civic Leadership

Civic Leadership [One Councillor]

Audit Committee (Portfolio Councillor) Australia Day Committee (Mayor and Portfolio Councillor)

The indicative structure is based on the following parameters: - Councillor(s) to be assigned to each portfolio as outlined above - An Economic & Business Development Advisory Committee be formed - The Access, Dorrigo Community Services and Social Plan Advisory Committees be

amalgamated into a single shire wide Community Wellbeing Advisory Committee - That the Coastline & Estuary Advisory Committee and Environment Advisory Committee

is discussed later in this report.


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Advisory Committee Role and Membership Advisory Committee

Role Membership Composition

Economic & Business Development Advisory Committee (EBDAC)

To support Council by providing advice and support to economic development initiatives, projects and activities that have the potential to assist in development of economic activities within the Shire. To work with Council to identify opportunities for economic and business development within the Shire. To make recommendations of those actions to be considered for inclusion in Council’s Delivery Program and Operational Plan To provide advice and assistance on local aspects of Regional (Mid North Coast) plans and strategies as they relate to Resilient Economy.

Portfolio Councillor – Resilient Economy (1) Manager Economic Development & Tourism (1) Bellingen, Dorrigo and Urunga Chamber of Commerce representative (3) Industry Representatives (3) Total Composition (8) and Meeting Frequency to be Quarterly

Arts and Cultural Advisory Committee (ACAC)

To oversee and monitor the implementation of recommendations arising from the Arts and Cultural Plan To create opportunities for Council to work in partnership with the community in responding to current social issues To undertake a bi-annual review of the Arts and Cultural Plan To make recommendations of those actions to be considered for inclusion in Council’s Delivery Program and Operational Plan To assist in developing links with special interest artistic and cultural groups, organisations and committees To assist in developing links with all

Portfolio Councillors – Community Wellbeing (2) Manager Community Wellbeing (1) Representative of Visual Arts (2) Representative of Performing Arts (2) Representative of Aboriginal culture (1) Representative Preserved Culture (1) Representative of Arts or Cultural businesses (1) Total Composition (10) and Meeting Frequency to be Quarterly


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stakeholders and encourage broad community participation in addressing issues identified in the Arts and Cultural Plan To identify funding opportunities for resources and programs that benefit the artistic and cultural preservation, development and sustainability of the community To provide advice and assistance on local aspects of Regional (Mid North Coast) plans and strategies as they relate to Community Wellbeing

Community Wellbeing Advisory Committee (CWAC)

To provide advice and assistance on the development, implementation and review of policies, plans, strategies, activities and events to achieve the goals of the strategic plan. To advise, assist and take action in the development, implementation and review of the Disability Discrimination Act Action Plan, Social Plan, the Arts and Cultural Plan, and the Pedestrian Access and Mobility Plan and any other Council plans and policies that relate to community well being To provide advice, assistance and take action on the development and implementation of any new Council plans on issues relating to community wellbeing To provide advice and assistance on local aspects of Regional (Mid North Coast) plans and strategies as they relate to community well being To provide advice and assistance on local aspects of State plans and strategies as they relate to community wellbeing e.g. NSW 2021, Families NSW Plan and NSW

Portfolio Councillors – Community Wellbeing (2) Manager Community Wellbeing (1) Community members with specific knowledge, skills, expertise, connections or experience being and/or with A person living with disabilities or mobility issues (1) People with broad social issues for each of the three planning areas (or shire wide) - Bellingen township and

surrounds (1) - Dorrigo Plateau and

surrounds (1) - Urunga and the seaboard

area and surrounds (1) Local aboriginal person (1) Representative of Families and Young People (1) Representative of Events, Festivals, or Recreation (1)


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Ageing strategy To provide advice and assistance on local aspects of Federal plans and strategies as they relate to community wellbeing To advise, assist and take action in the identification of changing community needs , trends and aspirations To provide advice and assistance on any matters referred by Council or by Council staff directly to the committee for consideration To provide advice and assistance on prioritising the allocation of funds provided for the implementation of Council plans relating to the community wellbeing aspects of the Strategic Plan To make recommendations of those actions to be considered for inclusion in Council’s Delivery Program and Operational Plan To provide advice and assistance on local aspects of Regional (Mid North Coast) plans and strategies as they relate to Community Wellbeing

Representative of general Community Facilities or Health (1) Total Composition (11) and Meeting Frequency to be Quarterly. Meetings to be rotated throughout the shire

Local Heritage Advisory Committee (LHAC)

The role is to provide advice to Council in relation to heritage matters. In particular, the role of the Committee is: To consider staff recommendations on Local Heritage Assistance fund applications To assist in the implementation of the Heritage Strategy for Bellingen To organise Heritage Week in April each year on behalf of Council To advise Council on other Heritage related matters that affect the Shire

Portfolio Councillor – Places for People (1) Development Planner (1) Community member – plateau (2) Community member – valley (2) Community member – seaboard (2) CEO Bowraville Local Aboriginal Land Council (1)


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To provide community input into Council’s heritage role through its community representatives To make recommendations of those actions to be considered for inclusion in Council’s Delivery Program and Operational Plan To provide advice and assistance on local aspects of Regional (Mid North Coast) plans and strategies as they relate to Places for People

CEO Coffs Harbour Local Aboriginal Land Council (1) CEO Dorrigo Local Aboriginal Land Council (1) Total Composition (11) and Meeting Frequency to be Quarterly

Local Traffic Advisory Committee (LTAC)

The LTAC is a technical review committee, which is required to advise the Council on matters referred to it by Council. These matters must be related to prescribed traffic control devices and traffic control facilities for which Council has delegated authority

Portfolio Councillor – Places for People (1) Alternate Councillor (1) Design and Traffic Engineer (1) Representative of NSW Police (1) Representative of RMS (1) Local State Member of Parliament or their nominee (for each State electoral area) (2) Total Composition (7) and Meeting Frequency to be on a needs basis

Environmental Sustainability Advisory Committee (ESAC)

To provide community and external stakeholder group’s input into Council’s environmental sustainability projects To assist Council in reviewing and implementing specific environmental and sustainability management plans To provide a forum for open discussion, debate and education on environmental sustainability issues in the Shire

Portfolio Councillor – Living Environment (1) Manager Sustainability & Natural resources (1) Members including external government agencies, environmental sustainability volunteer &/or community groups and community members that are experts in the environmental sustainability issues that are material to Council and the community (5)


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To facilitate links between Council and the community and external stakeholder groups To explore opportunities in formulating partnerships between Council and the community to deliver on environmental sustainability projects where appropriate To consider the Sustainability and Natural Resources Management Unit’s recommendations on the Environmental Levy budget allocations for each financial year To assess and determine the Environmental Levy Community Fund applications and projects. To make recommendations of those actions to be considered for inclusion in Council’s Delivery Program and Operational Plan To provide advice and assistance on local aspects of Regional (Mid North Coast) plans and strategies as they relate to Living Environment

A representative from each of the three planning areas (3) Member’s expressions of interest will be sought based on experience and expertise in these environmental sustainability matters with a minimum of two (2) dedicated experts in coastal and estuarine issues. Total Composition (10) and Meeting Frequency to be Quarterly

Note: A matrix of the Councillor Portfolios and representation on the advisory committees and external organisations will be developed following the finalisation of the appointments. Rationale for the establishment of the Environmental Sustainability Advisory Committee (ESAC) Historically, Council’s Sustainability and Natural Resources Manager has chaired two environmental committees, being the Coastal and Estuary Management Advisory Committee (CEMAC) and the Environmental Advisory Committee (EAC), with varying degrees of success. Moving forward, there are two options for the new Council to consider. The first option is to continue with both the CEMAC and the EAC and the second option is to combine the two Committees to form a new Environmental Sustainability Advisory Committee (ESAC).


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Option 1 - Continue with the CEMAC and EAC The objectives of the CEMAC are:

• To enable Bellingen Shire Council to implement the New South Wales Government coastal, estuary, river and other natural resource management policies;

• To assist Council in the preparation of the Coastline and Estuary Management Plans in accordance with the New South Wales Government Coastline and Estuary Management Manuals;

• To explore opportunities and assist Council in obtaining funding for coastline and estuary management related projects;

• To act as an advisory body to Council on coastal and estuary issues; • To provide a forum for open discussion, debate and education on coastal and estuary

issues; and • To provide linkages to the Catchment Management Board, Floodplain Management

Committee and other natural resource management committees and stakeholder groups.

It is important to note, there is no mandatory requirement for Council to have a CEMAC for Coastal Zone Management Plan purposes. Further, Council’s historical CEMAC does not meet State Government recommendations, for example, there has been no Aboriginal representation/consultation. The original objectives for the Coastline and Estuary Management Advisory Committee (CEMAC) were primarily to assist Council prepare Coastal and Estuary Management Plans and to explore opportunities and assist Council in obtaining funding for associated projects. Council now has in place an Estuary Management Action Plan and has prepared a draft Coastal Hazards Study, so the Committee has already achieved a significant part of its original objectives. The CEMAC has only met once since October 2011 as there have been problems in obtaining a quorum for meetings and there appears to be a lack of interest, possibly resulting from a lack of any real need for a stand-alone coastline committee. From the CEMAC’s meeting Minutes of 8 May 2012, it is evident that there is now a substantial focus by the CEMAC on river management issues, such as inundation mapping, stormwater plans, Raleigh Dairy Holding DA, Bellinger River water quality improvement, funding to implement weed control and revegetation associated with the Bellinger River Estuary Management Action Plan. This confirms a general view that overall river management is the most important environmental issue facing the Shire. The role of the EAC is to provide advice to Council in relation to specific environmental matters. In particular, the role of the committee is:

• To provide community input into Council’s environmental and sustainability policies; • To facilitate links between Council and the local environmental groups; • To consider staff recommendations on the Environmental Levy Community Fund

applications and projects; • To consider staff recommendations on environmental levy projects for successive

financial years; and • To advise Council when requested by staff on other environmental matters that

affects the Shire.


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It is important to note that the new Manager Sustainability and Natural Resources (S&NR) has received negative feedback about the historical management of the Committee from EAC members. In particular, there was a general feeling that the EAC had been managed in a manner that has not resulted in genuine community consultation on environmental matters. A review of the Environmental Advisory Committee (EAC) meeting minutes from the last 12 months (since October 2011) shows that the EAC met on five (5) occasions during that period. From the meeting minutes, it appears that the majority of its time was spent discussing Environmental Levy Fund allocations. Where substantial environmental issues were discussed, these primarily related to coastal and river management issues such as Our Living Coast projects, the River Festival, and the Sustainability and Natural Resource Unit’s report which considers various environmental projects, including many related to river management. When the EAC was established four years ago, it replaced the Environmental Levy Committee, as it was considered that there was no need for a special committee to focus solely on the environmental levy funds. The intent was to create a broader focus for the Committee to consider any matters of environmental significance to the Shire, including new policies. However it appears that the Committee has predominantly focussed on the environmental levy funds, rather than broader environmental issues. Option 2 – Establish an Environmental Sustainability Advisory Committee (ESAC) The role of the proposed ESAC is to provide advice to Council in relation to specific environmental sustainability matters that are of operational importance to Council. The specific role of the ESAC would be:

• To provide community and external stakeholder groups’ input into Council’s environmental sustainability projects;

• To assist Council in reviewing and implementing specific environmental and sustainability management plans;

• To provide a forum for open discussion, debate and education on environmental sustainability issues in the Shire;

• To facilitate links between Council and the community and external stakeholder groups;

• To explore opportunities in formulating partnerships between Council and the community to deliver on environmental sustainability projects where appropriate*;

• To consider the Sustainability and Natural Resource Unit’s recommendations on the Environmental Levy budget allocations for each financial year; and

• To assess and determine the Environmental Levy Community Fund applications and projects.

Primarily the ESAC is to provide advice to Council on specific environmental sustainability matters of an operational nature. Council has its Community Strategic Plan (CSP 2030) and the Committee is to provide advice as to how both Council and the community can better deliver upon these objectives. It is evident from the meeting minutes of both the CEMAC and the EAC that river management issues are an important focus for both Committees as well as for Council’s Sustainability and Natural Resources (SNR) Unit. Both Committees are managed by the SNR Unit therefore this raises the question as to why there is a need for two separate committees managed by the one Unit to focus on river and estuary matters. Certainly,


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managing two separate Committees consumes additional resources within Council’s relatively small SNR team. As recent events relating to river pollution in both the Kalang and Bellinger Rivers show, a greater focus on river management is required. This could best be achieved by combining the resources of the Coastline and Estuary Management Advisory Committee with those of the Environment Advisory Committee. A combined committee could comprise members of relevant community groups as well as government agencies that could assist Council by providing a coordinated focus on all environmental issues, with a particular focus on river management. The biggest current environmental issue is the health of the Shire’s rivers. As Council has limited resources, both time and energy must be spent in a cost effective manner. It is therefore considered that combining the CEMAC with the EAC to create a new Environmental Sustainability Advisory Committee will be an effective and efficient use of available resources and community time, and one that can produce the required outcomes for overall river management. In relation to government representatives on the Committee, one representative would be required with specialist coastal management expertise. This representative would therefore only need to attend the first part of the Committee’s meetings where coastline management plan issues could be discussed. Alternatively, coastline management plan issues could be discussed at every second Committee meeting, or as required. This will ensure an efficient use of other people’s time. Preferred Option Option 1 is not considered the most efficient and cost effective option for Council to implement. It is noted that Bellingen Shire Council is a small regional Council and the Sustainability and Natural Resource Unit has two full time staff, one part time staff member and another part time staff member who is externally funded. Based on current resources, it will be challenging to provide an adequate level of service for both Committees which may affect how Council is perceived in the community. As a comparison, Coffs Harbour City Council has both a CEMAC and EAC but is a significantly larger Council and is more adequately resourced to implement this level of community involvement. Option 2 is considered the most efficient and cost effective option for Council to implement, and will likely result in greater environmental outcomes. Advisory Committee Guidelines Guidelines have been developed for the Advisory Committees in order to improve the governance and a copy is attached to the report. Committees of Council (Standing Committees) Council may by resolution establish Committees of Council and the committee membership is restricted to Councillors. If a council committee consists of councillors only, the relevant meeting provisions of the NSW Local Government Act, 1993, the NSW Local Government (General) Regulation 2005 and Council’s Meeting Code of Practice govern its procedure. Council resolved on 7 October 2008 “That the Works Committee (Standing Committee) comprising all Councillors, with the Mayor as Chair, be revived and its functions shall be to


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monitor and review strategic aspects of the general, water and sewerage works programs and fleet and to make recommendations to Council about related priorities.” On the basis of the establishment of portfolios and the affiliated committees as outlined in this report, the functions can readily be adsorbed into the Ordinary Council Meeting agenda. On this basis it is recommended that the Committee be disbanded. BUDGETARY IMPLICATIONS: The facilitation and servicing of the committee structure as outlined in this report is addressed by the Council’s operational budget allocations SUSTAINABILITY ASSESSMENT: Quality governance is critical to the sustainability of councils and the establishment of the Portfolio System is designed to improve the decision making process, both in terms of enhancing the community’s confidence in the performance of elected representatives and the systems underpinning council’s decision making processes. ENGAGEMENT: A councillor workshop was held on 18 July 2012 to seek feedback on the proposal to establish the Councillor Portfolio System following the local government election in September. Council at the Ordinary Meeting held on 25 July 2012 resolved (1) That the establishment of a Councillor Portfolio System and aligned Committee Structure

be endorsed in principle (2) That the Advisory Committee Structure as outlined in the table and associated

parameters be endorsed in principle (3) That a further report be submitted to the new council for adoption (4) That the further report be presented to the new Council addressing the issue of plant

replacement. Management provided an overview of the portfolio system to the new council at a workshop held on 26 September 2012. An outcome was that the appointment of delegates to external organisations should be separated from the portfolio structure. A separate report on the appointment of delegates has therefore been submitted to the October Ordinary Meeting for consideration. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: In terms of Civic Leadership the CSP provides the following key directions: - Council is open and transparent and provides leadership and advocacy on behalf of our

community - Our community is informed and engaged with a strong sense of civic leadership - Council is proactive in representing the needs of our community OFFICERS RECOMMENDATION: (1) That the Councillor Portfolio System be adopted (2) That (Councillor A) be appointed as the Portfolio Councillor – Resilient Economy (3) That (Councillor B and Councillor C) be appointed as the Portfolio Councillors –

Community Wellbeing (4) That (Councillor D) be appointed as the Portfolio Councillor – Places for People (5) That (Councillor E) be appointed as the Portfolio Councillor – Living Environment (6) That (Councillor F) be appointed as the Portfolio Councillor – Civic Leadership (7) That an additional Councillor be appointed to the Local Traffic Advisory Committee (8) That the Works Committee be disbanded


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(9) That an Economic & Business Development Advisory Committee be formed (10) That the Access Advisory Committee, Dorrigo Community Services Advisory

Committee and the Social Plan Advisory Committee be amalgamated into a single shire wide Community Wellbeing Advisory Committee

(11) That the Coastline & Estuary Advisory Committee and the Environment Advisory Committee be amalgamated to form a new Environmental Sustainability Advisory Committee.

(12) That a report be submitted to the November Ordinary Meeting to formalise the Section 355 Committee Structure.

ATTACHMENTS: 9.3 A Advisory Committee Manual 09.039/12 RESOLVED (Cr Troy/Cr Manning) (1) That the Councillor Portfolio System be adopted (2) That (Councillor A) be appointed as the Portfolio Councillor – Resilient Economy (3) That (Councillor B and Councillor C) be appointed as the Portfolio Councillors –

Community Wellbeing (4) That (Councillor D) be appointed as the Portfolio Councillor – Places for People (5) That (Councillor E) be appointed as the Portfolio Councillor – Living Environment (6) That (Councillor F) be appointed as the Portfolio Councillor – Civic Leadership (7) That an additional Councillor be appointed to the Local Traffic Advisory Committee (8) That the Works Committee be disbanded (9) That an Economic & Business Development Advisory Committee be formed (10) That the Access Advisory Committee, Dorrigo Community Services Advisory

Committee and the Social Plan Advisory Committee be amalgamated into a single shire wide Community Wellbeing Advisory Committee

(11) That the Coastline & Estuary Advisory Committee and the Environment Advisory Committee be amalgamated to form a new Environmental Sustainability Advisory Committee.

(12) That a report be submitted to the November Ordinary Meeting to formalise the Section 355 Committee Structure.

(13) That a further report be presented to Council on the Flood Plain Management Advisory Committee.

(14) That the former members of the Environment Committee and the Coastline and Estuary Management Committee be invited to a briefing to explain the new arrangements including the rationale, as well as the process for appointing the new Committee.

(15) That the former members of the Environment Committee and the Coastline and Estuary Management Committee be thanked for their contribution to the environmental sustainability of our Shire.

UNANIMOUS 09.039/12 RESOLVED (Cr Scott/Cr Harrison) That Councillor Manning be appointed as the Portfolio Councillor – Resilient Economy UNANIMOUS


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09.039/12 RESOLVED (Cr Scott/Cr Klipin) That Councillors Carter and Klipin be appointed as the Portfolio Councillors – Community Wellbeing UNANIMOUS 09.039/12 RESOLVED (CR Scott/Cr Troy) That Councillor Harrison be appointed as the Portfolio Councillor – Places for People UNANIMOUS 09.039/12 RESOLVED (Cr Scott/Cr Manning) That Councillor King be appointed as the Portfolio Councillor – Living Environment UNANIMOUS 09.039/12 RESOLVED (Cr Scott/Cr Harrison) That Mayor Troy be appointed as the Portfolio Councillor – Civic Leadership UNANIMOUS 09.039/12 RESOLVED (Scott/Cr Harrison) That Councillor Carter be appointed to the Local Traffic Advisory Committee UNANIMOUS


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9.4 DONATION BELLINGEN RIVER FESTIVAL 2012 File/Index Sponsorships/Community Relations Author: Peter Wilson, Director of Corporate Services REPORT SUMMARY: Consideration of a request from the Bellingen River Festival to provide additional financial support for the 2012 Festival. In July 2012 Council resolved to provide financial assistance of $500 to Transition Bellingen for the 2012 Festival. REPORT DETAIL: Background: The Bellingen River Festival 2011 was created in response to Community Visioning Workshops conducted by Transition Bellingen in 2009. The river was considered an important part of people’s vision for the future including the need to build a stronger connection with the river, both as individuals and as a community. Hosted by Transition Bellingen, the purpose of the River Festival is to create an opportunity to enjoy, learn about and explore the community’s relationship with the Bellinger River – an opportunity to connect with the town’s most defining feature (not only when it’s flooding!). It is a celebration with music, food, storytelling, memorabilia, canoe races and an evening lantern parade. It is also a learning opportunity with information, presentations and workshops about flood mitigation, riverbank vegetation and how to keep the river healthy and clean. Approximately two thousand (2000) people attended the River Festival last year. One hundred and five (105) local businesses & organisations and three hundred and eleven (311) individual people were involved in the preparation and running of the event. Community feedback during and after the festival was positive and appreciative. When asked why participants enjoyed the event, their main response was the local community spirit, the all-inclusive family atmosphere and the connection with the river. People acknowledged that free entry enabled everyone to attend and spend their money supporting the festival and the local stalls. The Canoe Races, Krathong Ceremony (traditional Thai floating candles/wreaths) and Lantern Parade were popular highlights and the variety of activities and entertainment were appreciated. Forty nine (49) people were surveyed for feedback a week after the festival. Everyone surveyed said they would like to see the festival happen again in 2012. Based on anecdotal feedback and the overall response from the community, this is a true reflection of the community’s feelings about the festival. This was further consolidated when the River Festival was presented with the Community Event of the Year Award at Council’s Australia Day Awards earlier this year. Foundation funding for the 2011 festival was provided by the NSW Environmental Trust ($10,000) through Our Living Coast, Bellingen Shire Council ($5,000) through the Environment Levy Community Fund and Northern Rivers Catchment Management Authority ($1,000). As Environmental Trust funding is not available this year, Transition Bellingen has sought other funding opportunities to cover the basic costs of responding to the community’s demand for this popular event to be offered again this year.


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The request for additional financial assistance is as a result of expenses associated with the Community Parade. Risk management costs are in excess of $6,000 and exceed original budget estimates. The event organisers are also in discussions with management in relation to the provision of ranger surveillance, staff involvement in the environmental education component of the festival and facility maintenance. BUDGETARY IMPLICATIONS: The 2012/13 Donations Vote has available funds to cover the additional financial assistance of $500. SUSTAINABILITY ASSESSMENT: The Bellingen River Festival provides sustainability outcomes (social, economic and environmental) for the Shire and local community. Approximately two thousand (2000) people attended last year’s event and one hundred and five (105) local businesses and organisations were involved. Activities and entertainment were provided for all age groups and a range of different cultures featured in the program. Only local stall providers are included in the festival. Feedback received from a range of last year’s stall providers expressed that they were very pleased with their business at last year’s festival. The purpose of the festival is to appreciate and celebrate the Bellinger River with a wide range of opportunities to learn more about it and how to look after it. The host of the festival, Transition Bellingen’s main goal is for the Bellingen community to work together creatively to transition to a more sustainable, resilient, and environmentally friendly society. ENGAGEMENT: Approval is required by way of a Council resolution prior to providing financial assistance to others, under Section 356 NSW Local Government Act 1993. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: The Bellingen River Festival aligns with the following strategic directions within the Shire of Bellingen 2030 Community Strategic Plan and supports actions specified in Council’s Delivery Program and Operational Plan 2012: Community Wellbeing Aspirations -

• Strong partnerships between schools and our community are in place to allow for inter-generational and cultural learning

• Opportunities exist to share the experience and wisdom of seniors • A diversity of cultural and artistic activities are available across the shire • We actively engage with and include the perspectives and knowledge of Aboriginal

people • Opportunities exist to learn about our Aboriginal language, history and culture • Community groups actively communicate and collaborate • Our community is diverse, tolerant, and understanding

The Bellingen River Festival also supports the following actions specified in Council’s Delivery Program and Operational Plan 2012:

3.2.1 Engage in activities that promote aboriginal culture 4.4.1 Provide, support and promote community cultural celebrations, programs and venues

Living Environment Aspirations - • Our waterways are valued, protected and enhanced • Our community is informed and acts to reduce our ecological footprint • The guidance of the custodial people is recognised


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• Our community is informed and educated on environmental issues, threats and opportunities

• The contribution of our community groups are fostered, supported and celebrated The Bellingen River Festival also supports the following actions specified in Council’s Delivery Program and Operational Plan 2012:

1.1.1 Implement the Kalang and Bellingen River Health Plans 6.2.1 Educate and partner with the community on environmental matters 6.3.1 Celebrate and support community contribution

Civic Leadership Aspirations -

• We are proactive in supporting, through representation and celebration, the needs and desires of the community

The Bellingen River Festival also supports the following actions specified in Council’s Delivery Program and Operational Plan 2012:

3.1.1 Council will seek to create positive collaborative relationships to deliver on the aspirations of the Council and our community

The festival also addresses the following high priority management objective in the Bellinger & Kalang Rivers Estuary Management Plan, 2008:

• Raise community awareness of estuarine processes and its sensitivities, to increase the level of understanding of human usage impacts upon its values.

OFFICERS RECOMMENDATION: (1) That Council provide additional financial assistance of $500 to Transition Bellingen for

the Bellingen River Festival 2012 to be funded from the Donation Vote 2012/13 (2) That Council be acknowledged as a supporter of the event at the festival and in any

promotional material. ATTACHMENTS: There are no attachments for this report.

09.040/12 MOTION (Cr Manning /Cr Scott) (1) That Council provide additional financial assistance of $500 to Transition Bellingen for


promotional material. AMENDMENT (Cr Manning/Cr King) (1) That Council provide additional financial assistance of $1,000 to Transition Bellingen for


promotional material. The AMENDMENT was withdrawn The MOTION on being put was carried UNANIMOUS


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10. REPORTS BY DIRECTOR OF ENGINEERING AND OPERATIONS


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10. REPORTS BY DIRECTOR OF ENGINEERING AND OPERATIONS 10.1 COMPULSORY ACQUISITION OF LAND FOR THE PURPOSE OF PUBLIC ROAD

FOR ACCESS TO LOT 12 DP1172177 – CHURCH ST BELLINGEN File/Index: Acquisition (Roads), 2003/AF-137 Author: Nic Denshire, Project Engineer REPORT SUMMARY: Council approved a residential subdivision of Lot 1 DP 119355 in 2003 which required the acquisition of land to provide legal, practical access to one of the resulting lots. Council approved progressing the acquisition in September 2005, however there are some changes required to the wording of the resolution to allow the acquisition to proceed.

REPORT DETAIL: Council gave development approval for the four lot residential subdivision of Lot 1 DP119355 then known as No 16-20 Northcote Street, Bellingen in October 2003. The lot that was subdivided was bounded by Rawson Street, Northcote Street and Church Street. To provide legal and practical vehicular access to one of the resulting lots (Lot 12 DP 1172177) Council resolved in 2005 to progress compulsory acquisition of a part of Crown Land and Council owned land under the Land Acquisition (Just Terms Compensation) Act 1991. A copy of the plan prepared for this acquisition is given in Annexure A in which Lots 11 and 12 would be acquired for the purposes of a public road. Council considered the matter at its meeting on 5 September 2005 and resolved as follows: Acquire the subject land being part of Portion 484 R.4269-1714 and part of Portion 7003 DP1051183 for the purposes of road widening under the Land Acquisition (Just Terms Compensation) Act 1991; and Write to the Director General of the Department of Local Government to apply for the Government’s approval to publish a Notice in the Government Gazette. However, these resolutions do not satisfy the administrative process for finalisation of the acquisition as it is necessary to specifically resolve to make application to the Minister and/or the Governor and to affix the seal of Council to any relevant documents required for the acquisition. The compulsory acquisition is supported by the Crown Lands Division of the Department of Primary Industries, Catchments and Lands and the Land Acquisition (Just Terms Compensation) Act 1991 provides the legal and administrative framework for the acquisition to occur. The resolutions recommended in this report are required in order to finalise the land acquisition.


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BUDGETARY IMPLICATIONS: The majority of costs involved with the acquisition have been met by the developer. There will be some administrative costs to be met by Council to finalise this process which can be funded from operational funds. SUSTAINABILITY ASSESSMENT: There are no sustainability implications as a result of the recommendations in this report. ENGAGEMENT: This report has been prepared in consultation with Crown Lands Division of the Department of Primary Industries, Catchments and Lands.

SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: The provision of suitable vehicular access aligns with the following strategic directions within the Shire of Bellingen 2030 Community Strategic Plan:

3.5.1 “Places For People”, “We have a system of safe, well maintained roads including car calming infrastructure“.

OFFICERS RECOMMENDATION: (1) That Council proceeds with a compulsory acquisition of the land required for the

purpose of public road contained within Portion 584 R.4269-1714 (also known as Lot 584 DP 755557) and Lot 7003 DP1051183 as per the plan in Annexure A, under the terms and enabling powers of Section 39 of the Land Acquisition (Just Terms Compensation) Act 1991;

(2) That Council resolves to make the required application to the Minister; (3) That Council resolves to make the required application to the Governor; and (4) That the Council Seal be affixed to relevant documents required for the acquisition. ATTACHMENTS: 10.1.A Plan of proposed acquisition for the purpose of a public road (DWS 309652)

10.028/12 RESOLVED (Cr Scott/Cr Harrison) (1) That Council proceeds with a compulsory acquisition of the land required for the

purpose of public road contained within Portion 584 R.4269-1714 (also known as Lot 584 DP 755557) and Lot 7003 DP1051183 as per the plan in Annexure A, under the terms and enabling powers of Section 39 of the Land Acquisition (Just Terms Compensation) Act 1991;

(2) That Council resolves to make the required application to the Minister; (3) That Council resolves to make the required application to the Governor; and (4) That the Council Seal be affixed to relevant documents required for the acquisition. UNANIMOUS


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10.2 FUN RUN - DORRIGO File/Index: Shows Dorrigo - Recreation & Cultural Services Author: John Starr, Design and Project Engineer REPORT SUMMARY: This report has been prepared to enable Council to consider support for a proposal to conduct a Fun Run at Dorrigo. REPORT DETAIL: Council has received a request, Traffic Control Plan and copy of Public and Products Insurance for $20,000,000 from the Dorrigo Show Fun Run Committee to conduct a Fun Run on Tyringham Road and Snows Road on Sunday 25 November 2012. The Fun Run is scheduled to commence at 8.30am and finish at 10.30am. This event has been successfully conducted in previous years and is proposed to be conducted in the same format this year with the NSW SES providing the signage and personnel to control traffic at intersections and along Tyringham Road. The Traffic Control Plan submitted involves minor delays to traffic along the route covered by the event but is considered to be acceptable. The run is proposed to commence at North Dorrigo, continuing along Tyringham Road and conclude at the Dorrigo Show Ground. A section of Snows Road is also incorporated in the event. Council had no objections to the event last year, subject to the approval of the RTA (now known as NSW Roads and Maritime Services) and the NSW Police Department. BUDGETARY IMPLICATIONS: There are no budgetary implications for Council. SUSTAINABILITY ASSESSMENT: The adoption of the recommendations within this report contributes to the well-being of the Community through the process of transparent consultation in relation to the items addressed. The Council’s deliberations include many elements which will have positive social implications. ENGAGEMENT: The event has been supported by the Local Traffic Committee in previous years. The event is controlled by the NSW Police and, as there are no regulatory requirements and it is in the same format as the previous year, it was not considered necessary for the Local Traffic Committee to re-consider it. Consequently, the same conditions imposed from the Local Traffic Committee considerations for last years event have been incorporated in this report and recommendations.


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SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: The Dorrigo Fun Run aligns with the following strategic directions within the Shire of Bellingen 2030 Community Strategic Plan: Resilient Economy Aspirations - We have balanced, sustainable tourism:

• Our Shire offers a broad range of experience for visitors. • Our regional tourism assets are enhanced. • Our tourism providers strive for sustainable operations.

OFFICERS RECOMMENDATION: (1) That Council inform the NSW Police Department and NSW Roads and Maritime Services

of it’s support for the proposal to conduct the Fun Run activity in accordance with the Traffic Management Plan as submitted.

(2) That the event be advertised at least seven days prior to the commencement of the event.


10.029/12 RESOLVED (Cr Scott/Cr King) (1) That Council inform the NSW Police Department and NSW Roads and Maritime Services

of it’s support for the proposal to conduct the Fun Run activity in accordance with the Traffic Management Plan as submitted.

(2) That the event be advertised at least seven days prior to the commencement of the event.

UNANIMOUS


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10.3 REVISION OF LOWER BELLINGER AND KALANG RIVER FLOOD STUDY File/Index: Programs Floodplain Management (Grants and Subsidies) Author: Nic Denshire, Project Engineer REPORT SUMMARY: This report has been prepared to inform Council on a flood grant offer of $84,000 that has been received contingent on a contribution of $21,000 from Council. The report requests an allocation of $21,000 to allow acceptance of the grant. REPORT DETAIL: Council received a letter from the Office of Environment and Heritage dated 12 September 2012 that it has been successful in obtaining an offer for grant funding for the Lower Bellinger and Kalang River Flood Study. The offer needs to be accepted by 29 October 2012. This study is a revision of Council’s existing Floodplain Risk Management Study and takes account of predicted sea level rise impacts as a result of climate change as well as taking account of recalibration of flood models based on more recent flood event data and a sensitivity analysis for changes to rainfall intensity as a result of climate change. The revision is required due to changing flood boundary conditions (as a result of climate change and improved calibration data). Ultimately this study will inform the flood extents and development potential of land in the lower Bellinger and Kalang River areas with regard to flooding. It will also assess flood hazard and response processes. If the study were to not proceed, there is a risk of either sterilisation of otherwise developable land (if currently adopted flood levels are found to be too high) or increased risk to public and private property and safety (as a result of Council’s currently adopted flood levels being too low). A grant offer of $84,000 has been made by the Office of Environment and Heritage (OEH) under the NSW Floodplain Management Program. The funding offer requires a 4:1 OEH: Council funding ratio, meaning Council will be required to contribute up to $21,000 to gain access to the full funding amount from OEH. BUDGETARY IMPLICATIONS: No funding has been allocated under the current budget for this flood study. Normally Council’s matching funds for flood studies are provided from Working Funds or other relevant sources when available. Council’s Finance Manager has advised that, at this time, there is little scope to provide an allocation from Working Funds for this project. Other relevant sources of funding have been pursued in the past and are currently being pursued for this project. The most likely source of funding is from the Waste and Sustainability Improvement Payments (WASIP) program under the Section 88 Waste Levy. The Environmental Protection Authority (EPA) is currently reviewing the Section 88 Waste Levy program. Council officers have endeavoured to seek clarification in relation to this process, however no information is available in relation to timing.


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In order to accept the grant by 29 October 2012, funds will need to be allocated for Council’s contribution to the study. Although the study will primarily be used to assist in the assessment of development it will provide some information regarding flood hazards associated with access on the road network. Consequently, it is recommended that an amount of $21,000 be allocated from existing road capital renewal funds for Council’s Road Resurfacing Program. This will require a minor adjustment during the next review of the capital road program with a marginal delay to a Road Resurfacing Program project. If an alternative source of funding becomes available a further report will be provided to Council to consider an appropriate reallocation of funds. SUSTAINABILITY ASSESSMENT: The revision to the Flood Management Study will inform future planning policy and ensure safe and responsible development into the future. Consequently, realistic flood modelling will assist with long term socially, economically and environmentally sustainable development. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: The revision of the flood study aligns with the following strategic directions within the Shire of Bellingen 2030 Community Strategic Plan: Community Wellbeing Aspirations - We are connected, safe and healthy with a strong sense of community: We have the programs, services and infrastructure to ensure a safe and healthy community. ENGAGEMENT: This report has been prepared with the consultation Kate Browning of the Office of Environment and Heritage and Denique Littler, Manager of Planning for Council. Council’s Financial Manager has been consulted. OFFICERS RECOMMENDATION: (1) That it be noted that funding is being pursued for Council’s contribution to the Lower

Bellinger and Kalang River flood study from the Waste and Sustainability Improvement Payments (WASIP) program under the Section 88 Waste Levy which is currently being reviewed by the Environmental Protection Authority (EPA).

(2) That in the event that WASIP funding is not forthcoming that Council allocate $21,000 to

the Lower Bellinger and Kalang River flood study from existing road capital renewal funds allocated for Council’s Road Resurfacing Program.



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10.030/12 RESOLVED (Cr Scott/Cr Carter) (1) That it be noted that funding is being pursued for Council’s contribution to the Lower

Bellinger and Kalang River flood study from the Waste and Sustainability Improvement Payments (WASIP) program under the Section 88 Waste Levy which is currently being reviewed by the Environmental Protection Authority (EPA).

(2) That in the event that WASIP funding is not forthcoming that Council allocate $21,000 to

the Lower Bellinger and Kalang River flood study from existing road capital renewal funds allocated for Council’s Road Resurfacing Program.

FOR – Cr Carter, Cr Harrison, Cr King, Cr Klipin, Cr Scott, Cr Troy AGAINST – Cr Manning


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10.4 LITTLE NORTH ARM ROAD STABILISATION OF RIVER BANK File/Index: Programs Floodplain Management (Grants and Subsidies) Author: Nic Denshire, Project Engineer

REPORT SUMMARY: Bank erosion of Rosewood River adjacent to Little North Arm Road is likely to encroach upon the road if not addressed. Council has received a grant offer to undertake stream stabilisation works and this report has been prepared to request contributing funding from Council to allow acceptance of the funding.

REPORT DETAIL: Significant scour is occurring on the eastern bank of Rosewood River directly adjacent to the northern extent of Little North Arm Road, Thora. The scour has created a vertical bank approximately 3 metres high and within 2 metres of the existing road pavement. The threatened road services one property and access to a National Park, however is located in a Council owned road reserve and is maintained by Council. The resident of the property serviced by the affected road has assisted Council in applying for a grant to stabilise the scour and in doing so, protect the existing road. The design of the stabilisation works and costing estimate was prepared by Shaun Morris of the Northern Rivers Catchment Management Authority (NRCMA). The estimated total cost of the works is $18,989. BUDGETARY IMPLICATIONS: Council received a grant offer from the NRCMA on 23 July 2012 for $9,500 excluding GST. In order to complete the works Council will need to provide an additional $9,489. Council’s River Keeper has allocated $5,000 towards the project from a grant delivered under the NSW governments Environmental Trust to establish stream regeneration demonstration sites. Accordingly Council will need to provide an additional $4,489 to complete the project works (based on the NRCMA estimate). It is recommended that this amount be allocated from funds allocated from existing road capital renewal funds allocated for Council’s Road Resurfacing Program. This will require a relative minor adjustment during the next review of the capital road program with a marginal delay to a Road Resurfacing Program project. SUSTAINABILITY ASSESSMENT: The stream stabilisation works will act to reduce erosion of the streambanks and prevent siltation of the stream as well as providing minor improvements to habitat.

SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: The stream stabilisation works aligns with the following strategic directions within the Shire of Bellingen 2030 Community Strategic Plan:


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Living Environment Aspirations – We have clean water which is protected and used sustainably.

• Our waterways are valued protected and enhanced. Places For People – We are connected and able to move around in a safe, accessible, healthy and environmentally friendly way.

• We have a system of safe, well maintained roads including car calming infrastructure. ENGAGEMENT: This report has been prepared with the consultation of Shaun Morris (NRCMA), Jane Eales (BSC River Keeper), Rowan Butler (Shire resident affected by works). Council’s Finance Manager has been consulted.

OFFICERS RECOMMENDATION: That Council resolve to allocate $4,489 to the Rosewood River Stream stabilisation works from existing road capital renewal funds allocated for Council’s Road Resurfacing Program.


10.031/12 RESOLVED (Cr King/Cr Troy) That Council resolve to allocate $4,489 to the Rosewood River Stream stabilisation works from existing road capital renewal funds allocated for Council’s Road Resurfacing Program. UNANIMOUS


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11. REPORTS FROM COUNCIL COMMITTEES


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11. REPORTS FROM COUNCIL COMMITTEES NIL


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12. MINUTES FROM ADVISORY COMMITTEES


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12. MINUTES FROM ADVISORY COMMITTEES

12.1 MINUTES – ARTS AND CULTURAL ADVISORY COMMITTEE – 30 AUGUST 2012

File/Index: Meetings (Community Relations) Arts and Cultural Advisory Committee Author: Ros Ward, Administration Assistant REPORT SUMMARY: This report presents the Minutes of a meeting of the Arts and Cultural Advisory Committee held on 30 August 2012. REPORT DETAIL: A copy of the Minutes of the Arts and Cultural Advisory Committee Meeting held on 30 August 2012 is distributed with this Business Paper for the information of Councillors. BUDGETARY IMPLICATIONS: None SUSTAINABILITY ASSESSMENT: The Committee facilitates a process of transparent consultation with the community in relation to the items addressed. The Committee’s deliberations include many elements which will have positive social impacts should Council adopt the Committee’s recommendations. ENGAGEMENT: The Committee provides a forum for open discussion, debate and education on social issues with community and stakeholder groups. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: This project / initiative aligns with the following strategic direction within the Shire of Bellingen 2030 Community Strategic Plan. Community wellbeing

• A diversity of cultural and artistic activities are available across the Shire Civic leadership

• We are proactive in supporting, through representation and celebration, the needs and desires of the community.

OFFICERS RECOMMENDATION: That the Minutes of the Arts and Cultural Advisory Committee meeting of 30 August 2012 be received and the recommendations adopted. ATTACHMENTS: There are no attachments for this report.


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12.024/12 RESOLVED (Cr Scott/Cr Troy) That the Minutes of the Arts and Cultural Advisory Committee meeting of 30 August 2012 be received and the recommendations adopted. UNANIMOUS


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MINUTES OF THE ARTS & CULTURAL COMMITTEE MEETING TO DISCUSS “ARTS WEEK” PROPOSAL

Thursday 30 August 2012 at 4.00pm

held in the Bellingen Council Chambers 1. PRESENT: Councillor Kerry Child, Peter Nance, Rod Howard, Peter Spence,

Charlotte Blesing, Richard Rees, Nea Armstrong, Maggie Porter, and Brian Purcell.

In attendance Stuart Allardice, Rosie Wickert, Katherine Wood, Carol Deane, Sandra Birkbeck

Apologies: Councillor Dave Scott, David Southgate, and Anna Lang. 2. DISCUSSION OF THE PROPOSAL FOR AN “ARTS WEEK” FOR THE

BELLINGEN SHIRE 1. CONCEPT It was agreed during the course of the meeting that a smallish, local, “sampler’ festival would work well for the first attempt. Using local artists, musicians, writers and performers would display the talent in this Shire. The ACC will form an “Arts Week’ sub-committee to develop the concept and put into place policies and procedures for organising the festival, and act as a support group for the participating artists. Much of the organisation will be delegated to the exhibitors and participants. 2. INDICATIONS OF SUPPORT Charlotte advised that the BCAC had passed a motion of unanimous support for the proposal to organise an “Arts Week” for the Shire. There was divided opinion as to whether it would be good to hold it over the period of the Bellingen Art Prize. A number of local artists had expressed enthusiasm for the proposal. Katherine Wood expressed enthusiasm and indicated that the Rainforest Centre could host an exhibition, try to get funding for some sculpture in the Rainforest and perhaps have workshops and an artist in residence. She said there could be a Dorrigo arts trail. Sandra Birkbeck, a sculptor, indicated that she would be happy to be part of an arts trail in Dorrigo. Katherine said Tourism Coffs Coast would be willing to promote a Bellingen Shire arts week. Brian Purcell said the Readers’ and Writers’ Festival organisers were very enthusiastic and would be happy to organise some events. He said at the meeting the previous night, local writing groups indicated they would like a Writing Group component during Art Week. Guy Saddleton had indicated the Chamber of Commerce would support it and Jan Baker of the Urunga Chamber of Commerce had also expressed support. No response was received from the Dorrigo Chamber, and Richard Rees undertook to contact them.


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3. TIMING The other festivals being held around the suggested time for the proposed Art Week of 18-27 October 2013 are as follows: Dorrigo Bluegrass Festival 26-27 October 2013, River Festival 3 November and the Dorrigo Agricultural Show in November. Rosie Wickert and Peter Nance represented the views of the Music Festival organisers, that it would be sensible to combine Arts Week with the Australian Chamber Orchestra (ACO) concert which will be held in Bellingen on 20 September 2013. They said that the people who booked for the ACO would likely be interested in the arts and could attend other events over the period of the arts week. The ACO may act as a drawcard for out-of-towners to come to the shire for a few days. The Music Festival would hold perhaps a couple of other concerts during the weekend of Arts Week. They suggested that Arts Week start on the 20th, to coincide with the ACO, and run until Sunday 29 October. This will include the first week of the NSW school holidays. It was agreed that this start date had merit, but 9 days was too long for the first attempt at an arts week, and it would be better to have it run from Friday 20 September to Friday 27 September, or have even a shorter period. It was agreed to keep the finishing date loose at this stage. Rod Howard suggested that the dates be set as soon as possible, and that publicity start as early as possible to ensure other similar events are not organised at the same time. 4. ORGANISATIONAL MATTERS Maggie suggested that each town should organise its own events, using their own Chamber of Commerce and Arts Councils and ACC committee members for support. It would take the load off the ACC committee members, who could form a sub-committee as a co-ordinating body. It was agreed that it was the general consensus that the ACC would work collaboratively and each town would be responsible for its own events. It was agreed that shop and business owners would have to be approached to see if they were willing to display art and then create a list of willing participants and give that list to the interested artists and let them work directly with each other. The ACC arts week sub-group could spend some time encouraging the professional artists in the shire to participate. 5. POSSIBLE EVENTS AND ACTIVITIES It was agreed that there should be music, 2D and 3D art, performance, film, sculpture, photography and poetry and that a draft program should be drawn up asap. 2D and 3D Art displays After members of the ACC have contacted most businesses and shops in the Shire, hopefully with the assistance of the Chambers of Commerce, a list of willing venues in shops and business for displaying 2D and 3D art will be complied. Members of the BCAC are willing to contact artists and will compile a list of willing exhibiting artists. It could be left largely to the artists to contact venues they are interested in, and the ACC could assist the process as required.


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Arts trails An Open Studio trail will be organised with the assistance of the BCAC. Workshops BCAC are willing to put items in the Nexus newsletter, seeking expressions of interest in holding workshops. Ads could also be put in the Courier Sun and Coffs Advocate. Interest has been expressed by various groups in holding workshops in writing, photography and various art media. Peter Nance discussed having workshops for youth at the Youth Centre, and suggested a mini Camp Creative, with workshops in mosaic, leatherwork, music, cooking, drumming, street art. Writing Brian Purcell said writing groups wanted activities for writers’ groups and had also suggested a soapbox, where writers would have 10 minutes to read a piece of prose or poetry. They also suggested a “paddle with a poet” event and a Speakers’ Corner. Committee members agreed that the Poetry Slam was a successful event and could be one of the events during Arts Week. The events could be spread throughout the shire. Music It was suggested that the Bellingen Shire Band could play on the water at Urunga, a quartet could perform at the Rainforest Centre. The Dorrigo High School band could perform, there could be live music at any restaurants which are willing to have it there. The Urunga Country music group could be approached to put on an event. Rosie offered to discuss the Urunga possibilities at the next Urunga Chamber of Commerce meeting. Performance and Film The Dorrigo Dramatic Society could put on a performance, on an arty theme, at the Gazette Theatre, for the weekend of the 20-21 September and the Dorrigo Film Society could show a selection of short and long movies. The High School Clapper Awards could also be linked into the Arts Week and the Finalist films could be shown. 6. GRANT POSSIBILITIES Rod Howard advised that the Regional Art Fund grants applications had opened and BCAC would have to apply in partnership with the BCS. $20,000 grants are available. Grant money can’t be used for marketing, or for an events coordinator but can be used to pay artists for workshops, accommodation and travel. It is, however, only a short window of opportunity as it closes on the 24th September. It covers projects such as this, and requires a substantial community art component. It requires a Strategic Plan to be submitted and a feasibility study. It requires specific detail and a breakdown of the budget. It was agreed that the ACC will not be in a position to put in an application in this round. We would have to have much more information available about the facilities being used, the number and type of workshops etc. It was suggested that Maxine Compton could be asked for assistance if an application is made in the future. Brian Purcell is a panellist on the RAF.


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It was agreed that there was not sufficient time to lodge an application for a Regional Art Fund grant. The Arts Week should not incur great costs, but rather be on a user pays basis. Displayed art will be for sale and charges will be made for performances, so the main cost will be for advertising. This could be covered by an allocation from the ACC budget of $5000, and sponsorships. Rod Howard discussed the CASP Grants, applications for which close on October 2. He said a CASP grant would not be able to be used for printing publicity, but only for specific workshop events and artists fees. Grants of up to $3,000 are available, but usually they are $1,500 to $2,000. Katherine Wood said that the Rainforest Centre applied for a CASP Grant to have Trunk Road play at the Rainforest, and the process was simple and it was easy to acquit the grant. Rod said that to be successful in a CASP application there must be a focus on community participation and events that bring together the people in the shire, including youth and indigenous people. The development of youth workshops during the first week of the school holidays would be worth exploring. There was discussion about the workshops that Maxine Compton is trying to arrange at the Youth Centre and it was agreed that Stuart Allardice will discuss with her youth workshops and the possibility of grants for tutors as part of the Arts Week activities. 7. BUSINESS PLAN Richard Rees discussed the importance of drawing up a business plan asap and it was agreed that it would be a good way of fleshing out the detail of the proposal. It was also agreed that the ACC members should allocate themselves to various tasks, such as approaching businesses and artists and performers to gauge the level of interest and support and attract volunteers to assist with the organisation of the project. Katherine Wood suggested that solid ideas be presented for each area and then the image and brand should be worked on to get publicity going asap. It was agreed that a 150 word description should be written to describe the Arts Week, and then each town could take responsibility for further promotion. It was agreed that a sub-committee should be formed, composed of Maggie, Charlotte, Richard, Brian and Rosie Wickert, to create the description of the project, do more exploratory legwork. This sub-committee will meet again in one month, on Tuesday 25 September at 4pm. The sub-committee will report back on progress to the ACC meeting scheduled for 26 September 2012. Councillor Child reported on the likely impact of the BSC elections, and indicated that she is willing to continue to contribute to this project after the elections. 8. NEXT MEETING The next meeting to discuss the Arts Week is Tuesday 25 September 2012 at the Council Chambers at 4 pm. There is also an ACC Meeting scheduled for Thursday 27 September The meeting closed at 5.25 pm.


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13. CORRESPONDENCE


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13. CORRESPONDENCE NIL


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


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


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15. ITEMS FOR INFORMATION


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15. ITEMS FOR INFORMATION RECOMMENDATION That the recommendation for Items 15.1 to 15.3 to be adopted. 15.1 REPORT ON INVESTMENTS AS AT 30 SEPTEMBER 2012 File/Index: Financial Management/Investments Author: Susan Glasson, Manager of Financial Services REPORT SUMMARY: The purpose of this report is to inform Council about the investment funds held at the end of each month. REPORT DETAIL: This report has been completed in accordance with the NSW Local Government Act 1993 and Clause 212, NSW Local Government (General) Regulation 2005 which requires monthly reporting to Council. Council’s total invested funds have ranged between $30.650 million and $32.112 million for the twelve month period ending 30 September 2012. As can be seen by the graph below there have been no significant spikes during this period. Level of Investment Portfolio

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15.011/12 RESOLVED (Cr Scott/Cr King) That the recommendation for Items 15.1 to 15.3 to be adopted. UNANIMOUS


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Weighted Average Interest Rate The following graph reports the Weighted Average Interest Rate for the first three months of the current financial year.

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Investments are limited to those allowed by the current Ministerial Investment Order issued by the NSW Minister for Local Government. In line with the Order Council’s current investment strategy provides the framework for investing Council’s funds: 1. at the most favourable rate of interest available 2. whilst having due consideration of risk and security for that investment type; and 3. ensuring that Council’s liquidity requirements are met. Preservation of capital is the principal objective of the investment portfolio. Therefore, investments are placed in a manner that seeks to ensure security and to safeguard the portfolio. The investment portfolio is managed with care, diligence and skill that a prudent person would exercise. With this in mind investments are expected to achieve a market average rate of return in line with the Council’s risk tolerance. Council does not make unpredictable investment decisions or become engaged in any speculative investments. Given the recent investment losses in Local Government, Council holds a conservative portfolio. This conservative portfolio has held Council on a secure path and it is to be noted that Council redeemed its managed funds in November/December 2007. Due to this prudent decision Council has not been impacted by large investment losses unlike many other NSW councils. Due to the Global Financial Crisis the Federal Government currently supports a Government Guarantee on certain investments. Until this Government Guarantee ceases all investments are limited to Australian financial institutions that provide the government guarantee and those investments allowed under the Ministerial Investment Order. Upon cessation of the Government Guarantee all investments are to be limited to the major banks and those investments allowed under the Ministerial Investment Order.


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BUDGETARY IMPLICATIONS: There are no budgetary implications to be reported. Interest is reviewed as part of the quarterly budget review process. If during this analysis there is a need for a budget adjustment, details will be provided in the Quarterly Budget Review Report. SUSTAINABILITY ASSESSMENT: Council’s investments are made in accordance with the Division of Local Government requirements and term deposits listed in the Local Government Ministerial Order. ENGAGEMENT: First and second tier banks were consulted in respect to investments. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: Civic Leadership – Strategic Direction 1.4 – Best Practice, sustainability principles, accountability and good governance are incorporated in all that we do. OFFICERS RECOMMENDATION: That the report indicating Council’s investment position as at 30 September 2012 be received and noted. ATTACHMENTS: There are no attachments for this report.


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Financial Institution Date Invested Maturity Date Days Rate Amount % of PortfolioOn-Call/ CMT AccountsNAB Cash Maximiser - 082551 751758234 365 3.25% 74 0.00%NAB Cash Maximiser - 082551 751758242 365 3.94% 4,906 0.02%

4,981 0.02%Term DepositsNational Australia Bank - 83-344-0051 26-September-2012 25-December-2012 90 4.85% 4,000,000 12.46%National Australia Bank - 119612258 12-April-2012 12-October-2012 183 5.77% 3,000,000 9.34%National Australia Bank - 14-352-4151 10-September-2012 10-January-2013 122 5.00% 1,000,000 3.11%National Australia Bank - 128143561 24-April-2012 24-October-2012 183 5.72% 2,000,000 6.23%National Australia Bank - 129033022 08-August-2012 06-November-2012 90 5.11% 1,000,000 3.11%National Australia Bank - 129190992 06-September-2012 05-December-2012 90 5.00% 750,000 2.34%National Australia Bank - 186972050 05-April-2012 05-October-2012 183 5.73% 500,000 1.56%National Australia Bank - 135173443 07-August-2012 07-December-2012 122 5.12% 1,000,000 3.11%National Australia Bank - 136622765 30-May-2012 26-November-2012 180 5.31% 2,500,000 7.79%National Australia Bank - 136894170 14-June-2012 14-December-2012 183 5.17% 2,750,000 8.56%Westpac Bank - 032576 346916 13-June-2012 10-November-2012 150 5.00% 2,028,721 6.32%Westpac Bank - COUPONSC-SYD-2060331 7th Sept 2016 * 07-September-2012 07-December-2012 91 4.59% 2,000,000 6.23%Westpac Bank - 032576 347062 13-June-2012 10-November-2012 150 5.00% 507,180 1.58%Westpac Bank - 032576 357447 13-June-2012 10-November-2012 150 5.00% 764,905 2.38%Westpac Bank - COUPONSC-SYD-1745052 5th Dec 2015 * 03-September-2012 03-December-2012 91 4.76% 1,000,000 3.11%Westpac Bank - COUPONSC-SYD-2105082 10th Oct 2014 * 10-July-2012 10-October-2012 92 6.52% 1,000,000 3.11%Commonwealth Bank - 86662084 07-May-2012 07-May-2013 365 5.50% 800,000 2.49%ANZ Banking Group - 9993-03946 03-September-2012 03-December-2012 91 5.10% 3,000,000 9.34%Total A1+ Deposits 29,600,807 92.18%

Suncorp Metway - 302936437 27-April-2012 29-October-2012 185 5.80% 256,205 0.80%ING (Curve Securities) - 99681 08-August-2012 09-January-2013 154 5.20% 1,000,000 3.11%Bankwest - 4053142 21-August-2012 21-November-2012 92 5.10% 1,000,000 3.11%Total A1 Deposits 2,256,205 7.03%

Bank of Queensland 003932 13-June-2012 11-October-2012 120 5.20% 250,000 0.78%Total A2 Deposits 250,000 0.78%

Average Interest Rate 5.11% 32,111,993 100.00%

S M GlassonResponsible Accounting Officer Date 30 Spetember 12012

I certify that the investments listed in this schedule have been made in accordance with the provisions of the Local Government Act, 1993, Local Government (General) Regulation 2005 and Council's Investment Policy.

Schedule of Investments

This Report is at date 30 September 2012

* A Coupon Select deposit is a tailored term deposit, designed to enable investors a tailored fixed interest rate for one period and a floating rate incorporating a spread over the market variable rate for another period. Interest is paid quarterly and the period is covered in the "Date Invested"and Maturity Date"" columns. The end investment maturity date is shown in the Financial Institution column.


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15.2 DISCLOSURES OF INTEREST – COUNCILLORS & DESIGNATED PERSONS File/Index: Governance – Pecuniary Interest Author: Peter Wilson, Director of Corporate Services

REPORT SUMMARY: To table Declaration of Interest Returns, in compliance with the provisions of Section 450A of the NSW Local Government Act 1993 (Act), in relation to the keeping of register and the tabling of pecuniary interest forms by Councillors and designated persons. REPORT DETAIL: Section 449 of the Act requires Councillors and those staff, who have been identified as designated persons, to lodge a completed Declaration of Interest Return within three months of the 30 June each year or within three months after becoming a Councillor or designated person. Completion of a return is not however required by a Councillor or designated person if that person has completed a return within three months prior to 30 June in that year. Section 450A of the Act requires the General Manager to keep a register of returns and to table such register at the first Council meeting held after the last day of lodgement. BUDGETARY IMPLICATIONS: No financial implications. SUSTAINABILITY ASSESSMENT: The completion and tabling of the returns by Councillors and designated persons supports the integrity of Council as well as its accountability. Section 449 of the Act requires Councillors and designated persons to complete returns each year. Section 450A of the Act requires the General Manager to table these returns at the first Council meeting following their due date for lodgement. ENGAGEMENT: No consultation was carried out in relation to these returns, other than with those persons required to lodge them. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: Civic Leadership – Strategic Direction 1.4 – Best practice, sustainability principles, accountability and good governance are incorporated in all that we do. OFFICERS RECOMMENDATION: That the Declaration of Interest Returns submitted by Councillors, those staff who are designated persons and specific agency personnel be noted. ATTACHMENTS: There are no attachments for this report.


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15.3 DEVELOPMENT APPLICATION PROCESSING REPORT File/Index: Development and Building Controls/Reporting Author Charlie Hannavy, Director of Environmental Health and Planning REPORT SUMMARY: This report provides information to Councillors on Council’s performance in relation to the processing of Development Applications. REPORT DETAIL: The attachments to this report provide a summary of the types of development applications Council is receiving, the average processing time for each month, the average processing time for the financial year, and the number of applications determined per month. The attached charts provide data for the current and previous financial years, which enables comparison between months and also comparison with the previous year.

Types of Development

The types of development listed in the DA Summary Table are described as follows. Residential development includes new dwellings, alterations and additions including swimming pools, carports and all other structures on a residential block, multi-dwelling and dual occupancy developments. Industrial/commercial development includes new buildings, alterations and additions to existing buildings and tourist accommodation. Mixed development is a combination of residential and commercial uses. Subdivision includes new subdivisions, boundary adjustments, lot consolidations and community title lot creation. Other developments include community facilities, development other than residential in rural areas (eg farm sheds), infrastructure and any other development not categorised above.

DA Processing times

The gross processing time is the actual number of days elapsed from when the application was lodged to when the application was determined. The gross times do not take into account the “stop the clock” procedures which enable Council to put an application on hold when waiting for additional information. The net processing time is the number of processing days that have elapsed since the application was lodged to when the application was determined. Under the stop the clock system, the days an application is put ‘on hold’ in order to allow applicants time to provide additional information, are not counted as processing days. BUDGETARY IMPLICATIONS: There are no budgetary implications resulting from this report.


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SUSTAINABILITY ASSESSMENT: Council’s annual average processing times for development applications continue to improve and this progress can be sustained at current resource levels. The focus remains on reducing the average determination time of all applications. It is noted that the processing times for the last two months show a steady increase in time taken. This is not considered to be a trend, but rather an anomaly due to a number of older applications being determined. It is noted that in recent years Council has experienced a significant decline in the number of Development Applications received, due to a state-wide downturn in the development industry. As a result, some assessment staff have been reallocated to other areas such as environmental health where there remains a need for additional resources. Council continues to review the allocation of staff resources to optimise the use of staff time and ensure that Council can adequately address current environmental issues. ENGAGEMENT: Council’s Environmental Health and Planning Secretary has produced the attached data sheets. SHIRE OF BELLINGEN 2030 COMMUNITY STRATEGIC PLAN ALIGNMENT: This project / initiative aligns with the following strategic directions within the Shire of Bellingen 2030 Community Strategic Plan: Civic Leadership - High quality services to the community and cost effective solutions are delivered - Best practice sustainability principles, accountability, and good governance are

incorporated in all that we do OFFICERS RECOMMENDATION: That the information in this report be noted. ATTACHMENTS: There are no attachments for this report.

BELLINGEN SHIRE COUNCIL – MINUTES - ORDINARY MEETING OF COUNCIL 24 OCTOBER, 2012

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DIVISION OF ENVIRONMENTAL HEALTH AND PLANNING

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2012

July $3,763,000 6 2 0 0 0 39.8 68.7

August $769,700 11 3 0 2

September $1,552,035 11 2 0 0

3 57.9 85.9

74.0 96.9

3 59.8 84.5

0

Totals $6,084,735 28 7 0 2

Report Totals 60.9 86.0


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Numbers Year

Number Application Determined July August September October November December January February March April May June 09/10 Financial Year 47 29 24 15 27 23 3 13 31 10 14 19 10/11 Financial Year 33 23 23 26 28 13 18 24 19 21 20 24 11/12 Financial Year 16 24 17 15 26 20 7 14 11 16 17 15 12/13 Financial Year 9 16 16

Net Processing Times July August September October November December January February March April May June 09/10 Financial Year 85.1 55.8 74.5 35.7 66.6 59.7 61.3 67 60.6 95.4 56.5 52.8 10/11 Financial Year 76.6 54.4 71.4 60.2 57.9 83.1 82.6 66 69.1 53.6 68.6 52.1 11/12 Financial Year 52.8 31.8 76.2 39.6 91.5 53.1 56.1 46.5 46.6 54.7 66.2 39.5 12/13 Financial Year 39.8 59.8 74

Gross Processing Times July August September October November December January February March April May June 09/10 Financial Year 89.98 59.28 110.08 51.2 144.11 100.35 145.33 117.92 121.26 118.4 88.14 76.32 10/11 Financial Year 93.85 78.48 117 83.58 84.82 104.15 116.78 91.33 76.89 103.86 105 61 11/12 Financial Year 76.94 43.79 86.18 58.5 114.6 63.2 72.3 62.2 98 67.6 77.8 47.4 12/13 Financial Year 68.7 84.5 96.9

Yearly Processing Average Times (Calculated) 09/10 Average 64.25 64.25 64.25 64.25 64.25 64.25 64.25 64.25 64.25 64.25 64.25 64.25 10/11 Average 66.30 66.30 66.30 66.30 66.30 66.30 66.30 66.30 66.30 66.30 66.30 66.30 11/12 Average 57.70 57.70 57.70 57.70 57.70 57.70 57.70 57.70 57.70 57.70 57.70 57.70 12/13 Average 57.87 57.87 57.87

Determination per Officer (Calculated) 09/10 Financial Year 15.67 9.67 8.00 5.00 9.00 7.67 1.00 4.33 10.33 3.33 4.67 6.33 10/11 Financial Year 11.00 7.67 7.67 8.67 9.33 4.33 6.00 8.00 6.33 7.00 6.67 8.00 11/12 Financial Year 5.33 8.00 5.67 5.00 8.67 6.67 2.33 4.67 3.67 5.33 5.67 5.00 12/13 Financial Year 3.00 5.33 6.67 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00


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16. MATTERS OF AN URGENT NATURE


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16. MATTERS OF AN URGENT NATURE NIL


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17. QUESTIONS WITH NOTICE


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17. QUESTIONS WITH NOTICE NIL


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18. COMMITTEE OF THE WHOLE


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18. COMMITTEE OF THE WHOLE NIL The meeting closed at 12.00noon Signed: Cr Mark Troy, Mayor Chairperson


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19. REPORT ATTACHMENTS


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19. REPORT ATTACHMENTS

8.2. A Chapter 16 – Site Waste Minimisation & Management (DWS 319576) ........................ 51

9.3 A Advisory Committee Manual ......................................................................................... 85

10.1.A Plan of proposed acquisition for the purpose of a public road [DWN 309652]. ......... 92

minutes - ordinary meeting 24 october 2012 (3)€¦ · bellingen shire council – minutes -...

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