Council Agenda - 19 January 2010 - Tweed Shire...Council Meeting held Tuesday 19 January 2010 Page 2...

Mayor: Cr Warren Polglase Councillors: P Youngblutt (Deputy Mayor)

D Holdom B Longland K Milne K Skinner J van Lieshout

Agenda

Ordinary Council Meeting Tuesday 19 January 2010

held at Murwillumbah Cultural & Civic Centre

commencing at 4.30pm

Council Meeting held Tuesday 19 January 2010

COUNCIL'S CHARTER

Tweed Shire Council's charter comprises a set of principles that are to guide

Council in the carrying out of its functions, in accordance with Section 8 of the Local Government Act, 1993.

Tweed Shire Council has the following charter:

• to provide directly or on behalf of other levels of government, after due consultation, adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively;

• to exercise community leadership;

• to exercise its functions in a manner that is consistent with and actively promotes the principles of multiculturalism;

• to promote and to provide and plan for the needs of children;

• to properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development;

• to have regard to the long term and cumulative effects of its decisions;

• to bear in mind that it is the custodian and trustee of public assets and to effectively account for and manage the assets for which it is responsible;

• to facilitate the involvement of councillors, members of the public, users of facilities and services and council staff in the development, improvement and co-ordination of local government;

• to raise funds for local purposes by the fair imposition of rates, charges and fees, by income earned from investments and, when appropriate, by borrowings and grants;

• to keep the local community and the State government (and through it, the wider community) informed about its activities;

• to ensure that, in the exercise of its regulatory functions, it acts consistently and without bias, particularly where an activity of the council is affected;

• to be a responsible employer.

Council Meeting Date: Tuesday 19 January 2010

Items for Consideration of Council: ITEM PRECIS PAGE

CONFIRMATION OF MINUTES 5

1 Minutes of the Ordinary and Confidential Meeting held Tuesday 15 December 2009

5

SCHEDULE OF OUTSTANDING RESOLUTIONS 7

2 Schedule of Outstanding Resolutions to 19 January 2010 7

MAYORAL MINUTE 11

3 [MM] Mayoral Minute for the Period 6 December 2009 to 7 January 2010

11

ORDINARY ITEMS FOR CONSIDERATION 15

REPORTS THROUGH THE GENERAL MANAGER 15

REPORTS FROM THE DIRECTOR PLANNING AND REGULATION 15

4 [PR-CM] Development Application DA09/0747 for a Dwelling and Swimming Pool at Lot 13 DP 1043036, Terranora Road, Terranora

17

5 [PR-CM] Variations to Development Standards under State Environmental Planning Policy No. 1 - Development Standards

47

REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES 49

6 [CNR-CM] NSW Local Infrastructure Fund Application - Banora Point Wastewater Treatment Plant

49

7 [CNR-CM] Tweed District Water Supply - Demand Management Strategy

51

8 [CNR-CM] Acceptance of Arts NSW Funding for Tweed River Art Gallery

59

9 [CNR-CM] Request for "In Kind" Support/Waive Fee 63

REPORTS FROM THE DIRECTOR ENGINEERING AND OPERATIONS 69

10 [EO-CM] Application for Gate across Public Road Reserve - Bonnydoon Road Uki

69

11 [EO-CM] Road Closure Application - Commissioners Creek Road, Commissioners Creek, Parish of Toolond

77

12 [EO-CM] Classification of Land as Operational, Terranora 83

13 [EO-OC] EC2009-141 - Soil Nail Retaining Wall at Kyogle Road Cutting Bray Park

87

14 [EO-CM] Adoption of Amended S94 Plan No 23 - Offsite Parking (Version 2.1)

91


REPORTS FROM THE DIRECTOR TECHNOLOGY AND CORPORATE SERVICES 95

15 [TCS-CM] Local Government Remuneration Tribunal - Fees Payable to Councillors and Mayors effective 1 July 2010

95

16 [TCS-CM] Monthly Investment Report for Period Ending 31 December 2009

99

REPORTS FROM SUB-COMMITTEES/WORKING GROUPS 101

17 [SUB-TRAG] Minutes of the Tweed River Art Gallery Advisory Committee Meeting held Thursday 19 November 2009

101

18 [SUB-TCC] Minutes of the Tweed Coastal Committee Meeting held Wednesday 9 December 2009

105

19 [SUB-CCDAC] Minutes of the Community Cultural Development Advisory Committee Meeting held Thursday 10 December 2009

111

20 [SUB-LTC] Minutes of the Local Traffic Committee Meeting held Thursday 17 December 2009

119

21 [SUBCOM] Minutes of Sub-Committees and Working Groups Circulated for Councillor's Information

131

ORDERS OF THE DAY 133

22 [NOM-Cr K Milne] Low Cost Housing 133

23 [NOM-Cr K Milne] Community Consultation for Kings Forest and Cobaki

133

24 [NOM-Cr K Milne] Sustainability Officer for Greenfield sites 133

CONFIDENTIAL ITEMS FOR CONSIDERATION 135

REPORTS THROUGH GENERAL MANAGER IN COMMITTEE 135

REPORTS FROM THE DIRECTOR ENGINEERING AND OPERATIONS IN COMMITTEE

135

1 [EO-CM] Joint Purchase of Border Park Raceway 135

2 [EO-CM] Operations Options 135

3 [EO-CM] Acquisition of Land for Road Purposes - Palmvale Road, Palmvale

135


CONFIRMATION OF MINUTES

1 Minutes of the Ordinary and Confidential Meeting held Tuesday 15 December 2009

UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). 1. Minutes of the Ordinary Council Meeting held Tuesday 15 December 2009 (ECM

9997923). 2. Confidential Attachment - Minutes of the Confidential Council Meeting held Tuesday

15 December 2009 (ECM 9994568).

http://www.tweed.nsw.gov.au/


THIS PAGE IS BLANK


SCHEDULE OF OUTSTANDING RESOLUTIONS

2 Schedule of Outstanding Resolutions to 19 January 2010 FOR COUNCILLOR'S INFORMATION:

18 November 2008 PLANNING COMMITTEE P4 [PR-PC] Development Application DA07/0945 for Multi Dwelling Housing

Consisting 34 Residential Units at Lot 290, 630 DP 755740; Lot 1 DP 781512, No. 7 Elsie Street, Banora Point

P 13 COMMITTEE DECISION: Cr W Polglase Cr K Skinner

RECOMMENDED that this item be deferred to allow for further negotiations with the applicant.

Current Status: To be reported to a future Council Meeting.

18 AUGUST 2009 MAYORAL MINUTE a3 [MM] Tweed Food Bowls Vision 170 Cr J van Lieshout

RESOLVED that:- 1. Council Officers investigate and prepare a feasibility report on the potential for

Northern Rivers region to increase its food growing capacity together with studies on food related industry initiative and more sustainable "Paddock to Plate" and "co-operative marketing" opportunities.


2. Council takes an active involvement in the $1.9 million Northern Rivers Food Links Project and that a suitable workshop presentation on the "Draft Food Link Project Business Plan" be arranged.

Current Status: Workshop held on 22 September 2009, report to be prepared.

17 November 2009 ORDERS OF THE DAY 55 [NOM-Cr D Holdom] Local Government Aboriginal Network Conference 2012 444 Cr D Holdom Cr K Skinner

RESOLVED that Council staff investigate and report back to Council on lodging a bid to hold the Local Government Aboriginal Network Conference in the Tweed Shire in 2012.

Current Status: Report to be prepared.

—————————————

65 [NOM-Cr K Milne] Native Vegetation Clearing Education 448 Cr K Milne Cr B Longland

RESOLVED that Council: 1. Encourages the Department of Environment Climate Change and Water

(DECCW) to: a) Adopt a zero tolerance policy to illegal native vegetation clearing and b) Consider a marketing campaign to educate the community on the

importance of this issue and informs the community how to report suspected breaches.

2. Invites representatives of the Department of Environment Climate Change and

Water (DECCW) to present a workshop to Council on this issue.

Current Status: Workshop to be organised.


15 December 2009 REPORTS FROM DIRECTOR PLANNING AND REGULATION 11 [PR-CM] Development Application DA09/0385 for a Telecommunications Facility (30 Metre High Monopole and Associated Infrastructure) at Lot 17 DP 778719, No. 19 Meadow Place Uki 1 Cr B Longland Cr K Milne

RESOLVED that this item be deferred pending effective community consultation by the applicant to determine a more suitable site for the telecommunications tower. Current Status: The applicant was advised of this resolution and Council is

awaiting a response prior to taking further action. By letter dated 11 January 2010 Optus wrote to Council advising that it considers the search for alternative sites for a mobile base station in the Uki area to be exhausted, and as such requests that DA09/0385 be determined at the January meeting.

Due to the lateness of this request a report will be prepared for consideration by Council at its meeting on 16 February 2010.

—————————————

ORDERS OF THE DAY 56 [NOM-Cr K Skinner] Notification - Development Applications-Caravan Parks and

Manufactured Home Estates 2 Cr K Skinner Cr D Holdom

RESOLVED that a report be brought forward to Council from the Director Planning and Regulation which identifies appropriate amendments to Section A11 of Tweed Development Control Plan 2008 which will facilitate a more pro-active requirement for Council to advertise and directly notify the owners and residents of all Caravan Parks and Manufactured Home Estates and the like in the Tweed Shire of incoming development applications.

Current Status: A report will be prepared for the February Council Meeting.

—————————————


58 [NOM-Cr J van Lieshout] Development Application Process 3 Cr J van Lieshout Cr K Milne

RESOLVED that a Workshop be held to brief Councillors on Council’s Development Assessment Tracking processes.

Current Status: Workshop to be organised.


MAYORAL MINUTE

3 [MM] Mayoral Minute for the Period 6 December 2009 to 7 January 2010 Councillors, COMMITTEE MEETINGS: Attended by the Mayor 10 Dec 2009 - TEDC Board Meeting - TEDC Board Room Murwillumbah

—————————————

INVITATIONS: Attended by the Mayor 07 Dec 2009 - Tweed Heads Hospital Auxilliary Meeting – Tweed Heads Civic Centre,

Cnr Wharf St & Brett St

07 Dec 2009 - Kingscliff Ratepayers Assoc Mtg – Kingscliff Public School Library

07 Dec 2009 - CIP Infrastructure Openings – Economic Stimulus projects – Ambrose Brown Park, Tweed Coast Rd, Pottsville (also attended by Crs Longland & Holdom)

08 Dec 2009 - Tweed Heads Chamber of Commerce Breakfast – Tweed Heads Bowls Club

08 Dec 2009 - Announcement of Cudgen Headland Surf Lifesaving club to host the NSW Surf Life Saving Championships in – Cudgen SLSC (also attended by Crs Longland, Holdom)

11 Dec 2009 - Private Citizenship Ceremony, five new citizens – Council Chambers

11 Dec 2009 - Industry Central Christmas Celebration – Site Office, Lot 208, Kite Cres, Murwillumbah

14 Dec 2009 - South Tweed Rotary Club Meeting – South Tweed Sports Club

15 Dec 2009 - Launch of Safe Water Project Three for Yawa Ocilo, Kenya – Council Chamber Foyer, Murwillumbah Civic Centre – (also attended by Crs Skinner, van Lieshout, Longland, Holdom)

15 Dec 2009 - Christmas Carols by the Sea – Salt, Kingscliff


16 Dec 2009 - Turning of First Sod at Sexton’s Hill by Hon Kristina Kenneally, Premier of NSW

16 Dec 2009 - Presentation of $16m interest free loan by the Hon Kristina Kenneally, Premier of NSW for the Banora Point Waste Water Treatment Plant

16 Dec 2009 - Launch of McGrath Real Estate – Twin Towns Services Club, Wharf Street, Tweed Heads

17 Dec 2009 - Community Safety Precinct Committee' (CSPC) – Tweed Heads Police Station, 52 Recreation Street

18 Dec 2009 - Opening of Cudgen Creek Boardwalk to the public – Cudgen Creek (also attended by Cr Holdom)

23 Dec 2009 - Announcement of Sports Tourism Events for Tweed Shire in conjunction with QSMSport & Tweed Tourism - Jack Bayliss Park, Kingscliff (also attended by Crs van Lieshout, Longland, Holdom)

31 Dec 2009 - New Year’s Eve Fireworks display and Mayor’s countdown – Jack Evans Boat Harbour

Attended by other Councillor(s) on behalf of the Mayor 10 Dec 2009 - Uki Public School Annual Presentation Day & presentation of Council’s

cheque – Uki School, Main St, Uki (attended by Cr Barry Longland)

10 Dec 2009 - Murwillumbah East Primary, Annual Presentation Assembly – Murwillumbah Civic Centre – (attended by Cr Barry Longland)

14 Dec 2009 - Wollumbin High School Awards Presentation – School Gymnasium, North Arm Road, Murwillumbah (attended by Cr Barry Longland)

16 Dec 2009 - Murwillumbah Community Centre Xmas Party - Balcony Bar & Bistro, Kingscliff Surf Club (attended by Cr Barry Longland)

Inability to Attend by or on behalf of the Mayor 10 Dec 2009 - Tweed District Football , Annual Twilight Softball evening – Piggabeen

Sports Grounds

15 Dec 2009 - Centaur Primary School Presentation Morning – Banora Point

—————————————


CONFERENCES: Conferences attended by the Mayor and/or Councillors NIL

Information on Conferences to be held

The 2010 “A” Division Conference – hosted by Clarence Valley Council, Council

Chambers, 2 Prince Street, Grafton on 9/10 February 2010.

Councillors, please refer to the Councillor portal for complete Conference information.

————————————— SIGNING OF DOCUMENTS BY THE MAYOR: NIL

RECOMMENDATION:

That:- 1. The Mayoral Minute for the period 06 December 2009 to 07 January 2010

be received and noted. 2. The attendance of Councillors at nominated Conferences be authorised.


THIS PAGE IS BLANK


ORDINARY ITEMS FOR CONSIDERATION

REPORTS THROUGH THE GENERAL MANAGER

REPORTS FROM THE DIRECTOR PLANNING AND REGULATION

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

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

(a) the provisions of

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

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

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

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

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

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

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

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

(e) the public interest.


4 [PR-CM] Development Application DA09/0747 for a Dwelling and Swimming Pool at Lot 13 DP 1043036, Terranora Road, Terranora

ORIGIN:

Building & Environmental Health FILE NO: DA09/0747 Pt1 SUMMARY OF REPORT:

An application has been lodged to construct a new two storey dwelling with attached garage and in-ground swimming pool on the subject allotment. The allotment fronts Terranora Road which is a designated road requiring a thirty metre building alignment under the provisions of part 5, clause 24 of the Tweed Local Environment Plan (LEP) 2000. The Applicant has submitted an objection under the provisions of State Environmental Planning Policy (SEPP) 1 for the dwelling to observe a building alignment of 9.60m. Given that the proposed SEPP1 variation is greater than 10%, this application has been referred to Council for determination in accordance with previous directions of the NSW Department of Planning. The proposal also does not satisfy the mandatory controls of Tweed Development Control Plan (DCP) A1 in relation to the rear boundary setback, the depth of the rear deep soil zone and the location of the swimming pool between the dwelling and the front property boundary. The Applicant has lodged a submission requesting that Council accept these areas of non compliance with the DCP due to the particular circumstances of the application. The SEPP 1 objection and the variation to the DCP mandatory controls are considered to be worthy of support RECOMMENDATION:

That: - 1. Council assumes the concurrence of the Director-General of the

Department of Planning for the approval of the SEPP 1 objection to vary the thirty metre building setback requirement.

2. Development Application DA09/0747 for a dwelling and swimming pool at

Lot 13 DP 1043036, Terranora Road, Terranora be approved subject to the following conditions: -


GENERAL 1. The development shall be completed in accordance with the Statement

of Environmental Effects and Plan Nos 2/609 prepared by PFK Building Design and dated June 09, except where varied by the conditions of this consent.

[GEN0005]

2. The development shall be completed in accordance with the plans approved by Council and the Statement of Environmental Effects, except where varied by conditions of this consent.

[GEN0015]

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

[GEN0135]

4. The proposed fence between the front of the dwelling and the front property boundary shall be no higher than 1.50 m without separate Council approval.

[GENNS01]

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 5. The footings and floor slab are to be designed by a practising

Structural Engineer after consideration of a soil report from a NATA accredited soil testing laboratory and shall be submitted to and approved by the Principal Certifying Authority prior to the issue of a construction certificate.

[PCC0945]

PRIOR TO COMMENCEMENT OF WORK 6. The proponent shall accurately locate and identify any existing sewer

main, stormwater line or other underground infrastructure within or adjacent to the site and the Principal Certifying Authority advised of its location and depth prior to commencing works and ensure there shall be no conflict between the proposed development and existing infrastructure prior to start of any works.

[PCW0005]

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

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

(b) the person having the benefit of the development consent has: (i) appointed a principal certifying authority for the building

work, and (ii) notified the principal certifying authority that the person will

carry out the building work as an owner-builder, if that is the case, and

(c) the principal certifying authority has, no later than 2 days before the building work commences:


(i) notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and

(ii) notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

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

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

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

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

[PCW0215]

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

[PCW0225]

9. Residential building work: (a) Residential building work within the meaning of the Home

Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information: (i) in the case of work for which a principal contractor is

required to be appointed: * in the name and licence number of the principal

contractor, and * the name of the insurer by which the work is insured

under Part 6 of that Act, (ii) in the case of work to be done by an owner-builder:

* the name of the owner-builder, and * if the owner-builder is required to hold an owner builder

permit under that Act, the number of the owner-builder permit.


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

[PCW0235]

10. A temporary builder's toilet is to be provided prior to commencement of work at the rate of one (1) closet for every fifteen (15) persons or part of fifteen (15) persons employed at the site. Each toilet provided must be:- (a) a standard flushing toilet connected to a public sewer, or (b) if that is not practicable, an accredited sewage management

facility approved by the council [PCW0245]

11. Where prescribed by the provisions of the Environmental Planning and Assessment Regulation 2000, a sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the

principal certifying authority for the work, and (b) showing the name of the principal contractor (if any) for any

building work and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the site is prohibited. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

[PCW0255] 12. Prior to commencement of work on the site all erosion and

sedimentation control measures are to be installed and operational including the provision of a "shake down" area where required to the satisfaction of the Principal Certifying Authority. In addition to these measures the core flute sign provided with the stormwater approval under Section 68 of the Local Government Act is to be clearly displayed on the most prominent position of the sediment fence or erosion control device which promotes awareness of the importance of the erosion and sediment controls provided. This sign is to remain in position for the duration of the project.

[PCW0985]

13. All roof waters are to be disposed of through properly jointed pipes to the street gutter, to the satisfaction of the Principal Certifying Authority. All PVC pipes to have adequate cover and installed in accordance with the provisions of AS/NZS3500.3.2.

[PCW1005]


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

[PCW1065]

DURING CONSTRUCTION 15. All proposed works are to be carried out in accordance with the

conditions of development consent, approved construction certificate, drawings and specifications.

[DUR0005]

16. Construction and/or demolition site work including the entering and leaving of vehicles is limited to the following hours, unless otherwise permitted by Council: - Monday to Saturday from 7.00am to 6.00pm No work to be carried out on Sundays or Public Holidays The proponent is responsible to instruct and control subcontractors regarding hours of work.

[DUR0205] 17. The roof cladding is to have low reflectivity where it would otherwise

cause nuisance to the occupants of buildings with direct line of sight to the proposed building.

[DUR0245] 18. All building work (other than work relating to the erection of a

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

[DUR0375]

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

[DUR0395]

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

[DUR0405]

21. It is the responsibility of the applicant to restrict public access to the construction works site, construction works or materials or equipment on the site when construction work is not in progress or the site is otherwise unoccupied in accordance with WorkCover NSW requirements and Occupational Health and Safety Regulation 2001.

[DUR0415]


22. All cut or fill on the property is to be battered at an angle not greater than 45º within the property boundary, stabilised and provided with a dish drain or similar at the base in accordance with Tweed Shire Councils Design and Construction Specifications, Development Control Plan Part A1 to the satisfaction of the Principal Certifying Authority. Please note timber retaining walls are not permitted.

[DUR0835] 23. All retaining walls proposed are to be constructed in accordance with

the construction Certificate approval issued by the Principal Certifying Authority. Please note timber retaining walls are not permitted.

[DUR0845]

24. The development is to be carried out in accordance with the current BASIX certificate and schedule of commitments approved in relation to this development consent.

[DUR0905] 25. All work associated with this approval is to be carried out so as not to

impact on the neighbourhood, adjacent premises or the environment. All necessary precautions, covering and protection shall be taken to minimise impact from: - • Noise, water or air pollution • dust during excavation operations and also from construction

vehicles • material removed from the site by wind

[DUR1005] 26. No portion of the structure may be erected over the existing

stormwater drainage easement located inside the western property boundary.

[DUR1945]

27. Swimming Pools (Building) (a) The swimming pool is to be installed and access thereto

restricted in accordance with Australian Standard AS 1926.1 – 2007 & AS 1926.3 -2003. (Refer Council's web site www.tweed.nsw.gov.au)

(b) Swimming pools shall have suitable means for the drainage and disposal of overflow water.

(c) The pool pump and filter is to be enclosed and located in a position so as not to cause a noise nuisance to adjoining properties.

(d) Warning notices are to be provided in accordance with Part 3 of the Swimming Pool Regulations 2008.

[DUR2075]


28. Backwash from the swimming pool is to be connected to the sewer in accordance with Australian Standard AS 3500.2 Section 10.9.

[DUR2085]

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

[DUR2185]

30. Council is to be given 24 hours notice for any of the following inspections prior to the next stage of construction: (a) internal drainage, prior to slab preparation; (b) water plumbing rough in, and/or stackwork prior to the erection of

brick work or any wall sheeting; (c) external drainage prior to backfilling. (d) completion of work and prior to occupation of the building.

[DUR2485]

31. Plumbing (a) A plumbing permit is to be obtained from Council prior to

commencement of any plumbing and drainage work. (b) The whole of the plumbing and drainage work is to be completed

in accordance with the requirements of the NSW Code of Practice for Plumbing and Drainage.

[DUR2495]

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

[DUR2515]

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

[DUR2545] 34. All new hot water installations shall deliver hot water at the outlet of

sanitary fixtures used primarily for personal hygiene purposes at a temperature not exceeding:- * 43.5ºC for childhood centres, primary and secondary schools and

nursing homes or similar facilities for aged, sick or disabled persons; and

* 50ºC in all other classes of buildings. A certificate certifying compliance with the above is to be submitted by the licensed plumber on completion of works.

[DUR2555]


PRIOR TO ISSUE OF OCCUPATION CERTIFICATE 35. A person must not commence occupation or use of the whole or any

part of a new building or structure (within the meaning of Section 109H(4)) unless an occupation certificate has been issued in relation to the building or part (maximum 25 penalty units).

[POC0205]

36. Prior to the issue of an occupation certificate, (a) Certification of termite protection methods performed by the

person carrying out the works is to be submitted to the PCA; and (b) A durable notice must be permanently fixed to the building in a

prominent location, such as in the electrical meter box indicating:- (i) the method of protection; and (ii) the date of installation of the system; and (iii) where a chemical barrier is used, its life expectancy as listed

on the National Registration Authority label; and (iv) the need to maintain and inspect the system on a regular

basis. [POC0235]

37. Prior to occupation of the building the property street number is to be clearly identified on the site by way of painted numbering on the street gutter within 1 metre of the access point to the property. The street number is to be on a white reflective background professionally painted in black numbers 100mm high. On rural properties or where street guttering is not provided the street number is to be readily identifiable on or near the front entrance to the site. For multiple allotments having single access points, or other difficult to identify properties, specific arrangements should first be made with Council and emergency services before street number identification is provided. The above requirement is to assist in property identification by emergency services and the like. Any variations to the above are to be approved by Council prior to the carrying out of the work.

[POC0265] 38. Prior to the issue of a final occupation certificate adequate proof

and/or documentation is to be submitted to the Principal Certifying Authority to identify that all commitment on the BASIX "Schedule of Commitments" have been complied with.

[POC0435] 39. Prior to the occupation or use of any building and prior to the issue of

any occupation certificate, including an interim occupation certificate a final inspection report is to be obtained from Council in relation to the plumbing and drainage works.

[POC1045]


40. Prior to the issue of an occupation certificate the windows in the southern wall of the first floor storage loft shall be provided with permanent privacy screens which will restrict direct visual contact between this area and the adjoining allotment to the south.

[POCNS01]

USE 41. Swimming Pools (Building)

(a) It is the responsibility of the pool owner to ensure that the pool fencing continues to provide the level of protection required regardless of and in response to any activity or construction on the adjoining premises. Due regard must be given to the affect that landscaping will have on the future effectiveness of the security fencing (Section 7 Swimming Pool Act 1992).

(b) The resuscitation poster must be permanently displayed in close proximity to the swimming pool (Section 17 Swimming Pool Act 1992).

(c) Warning notices required under Part 3 of the Swimming Pool Regulations 2008 shall be maintained at all times.

[USE1295]

42. The swimming pool is not to be used for commercial purposes without prior Development Consent.

[USE1305]


REPORT:

Applicant: Mr DR Wearne and Mrs DA Wearne Owner: Mr DR Wearne and Mrs DA Wearne Location: Lot 13 DP 1043036 Terranora Road, Terranora Zoning: 1(c) Rural Living Cost: $360,000 BACKGROUND: A development Application has been received to construct a new two storey dwelling with attached garage and in - ground swimming pool on the subject allotment. The land is zoned 1 (c) - rural living, is located on the southern side of Terranora Road, is cleared and has a moderate slope downhill towards Terranora Road. Notwithstanding that the allotment will have vehicular access via a right of way from Dalton Street over lots 19 & 20 DP 1043036, it has frontage to Terranora Road which under the provisions of the Tweed Local Environmental Plan 2000 is a designated road. The allotment has no physical connection to Dalton Street. The allotment has a maximum depth of 40.235 metres and encompasses an area of 883.4m2. Under the provisions of part 5, clause 24 of the Tweed LEP 2000 the proposed dwelling is required to observe a minimum building alignment to Terranora Road of thirty (30) metres. The dwelling is proposed to be set back 9.60 metres from Terranora Road. It is not physically possible for a dwelling to observe a thirty metre set back on this allotment as the length of the allotment is only 40.235m and is subject to mandatory rear boundary setbacks under the provisions of DCP A1. The allotment is also constrained by the presence of an easement to drain water, 3m wide, inside the western side property boundary which further restricts the available building area. The Applicant has lodged an objection to this requirement under the provisions of State Environmental Planning Policy No. 1 (SEPP 1) to consider a reduced building alignment of 9.60 metres to the Terranora Road frontage of the allotment. The SEPP 1 objection is considered below in this report. Other allotments in this subdivision, which front Terranora Road, have been granted SEPP 1 objections for a building alignment of less than thirty metres as follows :-

• Lot 14- dwelling setback 15.755 m from front boundary, • Lot 15 – dwelling setback 10.545 with pool between house & front boundary,


• Lot 16 - dwelling setback 8.55 m with pool between house and front boundary, • Lot 17- dwelling setback 10m, bali hut setback 3.27m & pool between house &

front boundary. The proposal does not satisfy the mandatory controls of Development Control Plan A1 in relation to the rear boundary setback, the depth of the rear deep soil zone and the location of the swimming pool within the primary building alignment. These matters are further considered below in this report. The subject allotment has been granted dwelling entitlement by Council resolution dated 7 June 2000.


SITE DIAGRAM:


DEVELOPMENT PLANS:


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

Tweed Local Environmental Plan 2000 Clause 4 - Aims of the Plan The proposal satisfies the aims of the plan Clause 5 - Ecologically Sustainable Development Proposal satisfies the objectives of this plan Clause 8 - Zone objectives The proposal is consistent with the primary objective of the zone Clause 15 - Essential Services All required essential services are available and adequate Clause 16 - Height of Building The dwelling will be two storeys which is permissible in this area. The height & scale of the proposal is consistent with surrounding development. Clause 17 - Social Impact Assessment Approval of the proposal is considered to be unlikely to result in any negative social impact issues. Clause 24 – Designated Roads. Terranora Road is a designated road which requires a thirty metre building alignment. The proposal does not satisfy this requirement and a SEPP 1 objection has been lodged in this regard. The SEPP 1 objection is supported and is discussed below. Clause 35 - Acid Sulfate Soils Allotment is not affected by acid sulfate soils Other Specific Clauses N/A


State Environmental Planning Policies SEPP No. 1 - Development Standards A SEPP 1 objection has been lodged against the requirement under clause 24 of the Tweed LEP 2000 for the dwelling to observe a thirty (30) metre building alignment to Terranora Road, which is a designated road. The Applicant has made the following submission in support of their request for a SEPP 1 variation:-

“The dwelling will be located a minimum of 9 m to the boundary to Terranora Road with the pool setback a minimum of 1.5m therefore the development does not comply with the 30m setback requirement. It is submitted that the development standard requiring a 30m setback is unreasonable and unnecessary in the circumstances of this case for the following reasons: • There are other structures located adjacent to the property that are at

a similar distance or encroach closer to the designated road than the proposed dwelling and pool. Other structures along Terranora Road have also been constructed within the 30m setback.

• The subject site has vehicular access from Dalton Street with no access proposed from Terranora Road.

• There are also further restraints imposed on the site that must be taken into consideration which require the dwelling to be constructed 9m from Terranora Road. The site has an area of only 883m2 with a maximum depth of 40 m therefore compliance with the 30m setback cannot be achieved.

• The pool is at ground level and will have a minimal impact on Terranora Road.

For the above reasons Council is requested to uphold the objection and grant consent to the development application as approved.”

Application of the 30m setback requirement to dwelling houses is an anomaly as it was not intended to apply to small lots fronting roads with low travel speeds. The site has a maximum depth of 40.235 metres and therefore enforcing a thirty metre (30m) set back to Terranora Road would result in an unusable building envelope. The allotment is also burdened by a 3.0m wide easement to drain water, which is located inside the western property boundary, and further reduces the available building area. Other dwellings in this subdivision, which front Terranora Road, have previously been granted SEPP 1 objections for setbacks less than 30 metres.


The floor level of the dwelling will be substantially above Terranora Road and therefore it is considered that traffic using Terranora Road will not be impacted on by the proposed development in relation to sight lines or other distractions nor will traffic have an adverse impact on the dwelling. The objectives of part 5 (Roads) clauses 22, 23 and 24 of the Tweed LEP and a response to each objective is as follows – Clause 22 – Development near designated roads

• To protect and improve the capacity, efficiency and safety of

designated roads.

Response - there will be no vehicular access to the subject site off Terranora Road and therefore the capacity, efficiency and safety of this road will not be compromised. Vehicular access to the site is via a right of way over lots 19 & 20 which fronts Dalton Street which has access to Terranora Road via Shamara Road.

• To prevent development on designated roads that would detract from

the scenic attractiveness of the area of the Tweed.

Response - the proposed development will comprise a residential dwelling which will be consistent with the rural residential character of the area. This subdivision was approved to permit the construction of single dwellings and due to the physical limitations of the allotments it is impractical to enforce a thirty metre building alignment to Terranora Road. The proposal will therefore not have an adverse impact on the scenic attractiveness of the area.

• To prevent or reduce the potential impact of traffic noise on

development adjacent to designated roads.

Response - the dwelling will be set back 9.60 metres from Terranora Road with an open roofed verandah and bedroom being the closest part of the dwelling to the roadway. Due to the slope of the allotment and the level of the allotment above Terranora Road the dwelling will be at a level considerably above Terranora Road which will lessen the impact of traffic noise on the proposed dwelling.

Clause 23 – Control of access

• To control access to designated roads.

Response – no vehicular access is proposed off Terranora Road.


Clause 24 – Set backs to designated roads

• To control development along designated roads.

Response - the allotment exists in an area which is zoned for rural residential use and in a subdivision which was specifically created for residential dwellings therefore the proposal is considered to be consistent with the objectives of the zoning of the area.

SEPP No 71 – Coastal Protection The proposal is located outside the boundary of the SEPP and therefore this has not been assessed as part of this application. SEPP (Building Sustainability Index: BASIX) 2004 A Basix certificate has been supplied in support of the application.

(a) (ii) The Provisions of any Draft Environmental Planning Instruments There is no draft planning instrument currently in force for this proposal.

(a) (iii) Development Control Plan (DCP) Tweed Development Control Plan A1-Residential and Tourist Development Code The dwelling is proposed to observe a building alignment of 9.60m to Terranora Road which is a designated road under the provisions of the Tweed LEP 2000 (see SEPP 1 comment above in relation to the reduced building alignment). The dwelling is proposed to stand 4.0 m from the southern boundary in lieu of the mandatory 5.0 m which is in Design Control 3 – Setbacks or 5.5m which is in design Control 2 – Site Configuration (Deep Soil Zones.) The Applicant, in their statement of environmental effects, advises that “front & rear deep soil zones have been have been demonstrated on the submitted plans and thus comply”. The deep soil zones have been identified on the site plan however do not satisfy the design control in relation to the geometry of these areas. Justification of this area of non compliance, in relation to site constraints, is discussed later in this report. A swimming pool is proposed in the front yard to benefit from the northern aspect and it is considered that this location is the preferred location for such a structure as there is no other more suitable location on the site.


If the dwelling was moved forward to comply with a 5.5 m rear alignment it may impact on the size and utilisation of the swimming pool and associated outdoor recreation area. Other allotments in this subdivision which face Terranora Road have swimming pools located in the front yard. Notwithstanding that these were constructed prior to the implementation of DCP A1 it is considered that a precedent has been set in the immediate area and that the orientation of the allotments is conducive to swimming pools being located in front of the dwelling. The variation to the design controls is supported due to the particular circumstances of the site.

DESIGN CONTROL 2 Deep Soil Zones – Objectives. • To ensure that land retains its ability to permeate water. • To ensure that each building lot has a deep soil zone of adequate area and

dimension. • To retain & enhance fauna and flora corridors throughout suburban areas. • To provide space for mature tree growth and vegetation. • To retain existing mature vegetation. Controls The controls which are applicable to this proposal are as follows :-

a. Deep soil zones must be provided for all new developments and existing development, except on large lot rural or agriculturally zoned land.

b. All sites are to provide two Deep Soil Zones, one to the rear and one to

the front of the property.

c. Rear Deep Soil Zones are to have minimum width of 8m or 30% of the average width of the site, whichever is the greater, and a minimum depth of 18% of the length of the site up to 8m but not less than 5.5m. Greater than 8m may be provided if desirable.

d. Rear Deep Soil Zones are to have soft landscaping .

DESIGN CONTROL 3 - Setbacks Rear Setbacks - Objectives

• To provide for an area for private outdoor recreation and relaxation. • To allow space for vegetation and mature trees. • To separate dwellings to achieve privacy.


Controls The controls which are applicable to this proposal are as follow :-

a. Garages, outbuildings and carports may be located a minimum of 450mm from the rear boundary.

b. For Dwelling Houses the minimum rear boundary setback is to achieve

the minimum Deep Soil Zone requirements or 5m whichever is the greater.

c. Existing mature trees less than 5m from the rear boundary are to be

retained. DESIGN CONTROL 10 - Swimming Pools & Spas Objectives • To provide a place for recreation & enjoyment • To provide a high level of child safety • To minimise the impact of swimming pools & spas on neighbours • To require swimming pools to comply with all relevant legislation and

Australian Standards. Controls a. The outer edge of the pool concourse or coping shall be setback a minimum

1 metre from the side or rear boundaries with the water line being a minimum 1.5 metre from these boundaries.

b. Swimming pools must be surrounded with a child resistant barrier in

accordance with the provisions of the Swimming Pools Act and the requirements of Australian Standard AS 1926.

c. Spas must be surrounded by a child resistant barrier as for swimming pools

or access to the water restricted at all times when the spa is not in use in accordance with the Swimming Pools Act.

d. New swimming pools and spas shall comply with the current requirements

of Basix. e. Swimming pools and spas are to have a suitable means for drainage and

disposal of overflow water. f. Filters and pumps are to be enclosed and located in a position so as not to

cause a noise nuisance to adjoining properties. g. The wall of a residential building may form part of the child resistant barrier

so long as the wall contains no openable door, window or other opening through which access may at any time be gained to the swimming pool.


h. Pools are not to be located between the building and the street, except on sites where private open space can only be accommodated in this location.

i. Pools and spas cannot be located in the Deep Soil Zones. Justification Tweed Development Control Plan section A1- Residential and Tourist Development Code allows for variations to the mandatory controls in the following circumstances :-

“Only in exceptional circumstances will Council consider a relaxation or variation to a mandatory control. A variation or relaxation will only be considered where it has been demonstrated (through architectural and/or landscape drawings) how and why the mandatory controls cannot work on a particular site. This requires the Applicant to design a solution using the mandatory controls. Generally Council will only consider a relaxation or variation to a mandatory control due to excessive constraints including;

- the site being located as an infill ( infill development is any allotment

that is neighboured or adjoins a property that supports a building, including sites within new subdivisions, where that development has already occurred, and to the extent only that an existing building hinders the achievement of the mandatory control).

- established dwellings located in subdivisions created prior to the year

2000 - sites with highly irregular geometry, - sites with major topographical or geotechnical constraints.

Whilst the allotment does not strictly satisfy the definition of infill development due to the subdivision in which the allotment is located being registered after the year 2000 it is considered to satisfy the intent of infill development as all adjoining allotments have been developed. The Applicant was not requested to submit additional plans demonstrating compliance with the controls of the DCP in this instance as it is considered that this would serve little purpose in the assessment of this application. The rear of the dwelling will be set back 4.0 m from the southern property boundary in lieu of the mandatory 5.5 m however it is considered that this variation can be justified on the following grounds:-

• The proposal is affected by site constraints such as bounding a designated

road and the presence of an easement which reduces the available building envelope and hinders the achievement of the mandatory control.


• The rear deep soil zone which will be available will comprise an area of 90m2 which exceeds the minimum which would be achieved by strict compliance with the mandatory control.

• The front deep soil zone does not extend across the full width of the site, as

required in the control, however adequate alternate infiltration area exists along the drainage easement inside the western property boundary.

• A front and rear deep soil zone will be provided. • The site is burdened by a 3m wide easement to drain water inside the

western property boundary which restricts the available building platform • A garage with a storage area over will be located 4.0m from the common

boundary with the allotment to the south.

A condition of consent will be imposed to provide screens to the windows to the storage area on the southern elevation to maintain privacy of the rear yard and deck of the dwelling to the south.

• The dwelling on the allotment to the south contains a garage about 7.50m

from the common property boundary therefore there is adequate spatial separation between the two buildings and the use and enjoyment of the outdoor recreation area on the adjoining lot is unlikely to be compromised by the presence of a garage on the subject lot which is located 4.0 m from the boundary.

• Due to the slope of the land and existing site retaining there will be a

difference in level between the two dwellings which will assist in maintaining visual separation between the allotments

• The allotment is restricted by being located adjacent to a designated road

which requires a greater building alignment than a normal allotment.

This situation reduces the available building platform and therefore in order to fit the dwelling on the allotment and make provision for a swimming pool with the preferred northerly aspect the rear setback has been reduced.

• Notwithstanding that a SEPP1 report has been prepared to justify the

dwelling and pool being located less that the mandatory 30m from Terranora Road it is preferable that the building setback be greater than 6m to provided spatial separation from the designated road.

• The dwelling has been designed to minimise any privacy issues to the

adjoining allotment by locating non habitable utility rooms such as a garage and storage at the southern end.

• Adequate area exists on the western side of the site, which is burdened by a

3.0 m wide easement to drain water and therefore cannot be built on, to provide infiltration for rainwater.


• The allotment is elevated above Terranora Road and the presence of a swimming pool in front of the dwelling will have no adverse impact on the streetscape.

The location of the swimming pool is considered to acceptable for the following reasons:-

• The location of the swimming pool in the front yard, between the dwelling

and the front property boundary is considered to be acceptable in the circumstances as it satisfies the controls apart from it’s location.

• Pools are permitted in the front yard where open space can only be

accommodated in this area. • The design of the allotment, with driveway and pedestrian access provided

via a right of way over properties to the south, will result in that area between the house and the rear boundary either being occupied by the driveway and manoeuvring area or being too small to accommodate a pool.

• This area is also unsuitable due to overshadowing, lack of northerly aspect

and proximity to the property to the south. • Other allotments in this subdivision which front Terranora Road have been

granted consent to locate swimming pools between the dwelling and street boundary.

• The allotment is located substantially above Terranora Road therefore the

location of the pool will have no adverse impact on the streetscape. • The proposed pool fence will be 1.20 m high within the primary building

alignment which satisfies the provisions of DCP A1 and will therefore not impact on the streetscape.

• Access to the pool from the dwelling is preferable via the front

verandah/living area rather than through the garage or front door. The proposal, whilst not fully consistent with the requirements of the Design Controls, is considered to be generally consistent with the objectives of the DCP. The reduced rear building alignment is not considered likely to impact on the subject dwelling or adjoining dwellings and adequate area will be available on site to cater for rainwater infiltration. The location of the swimming pool is considered to be the desired location with respect to solar access and connection to the dwelling. The proposal is regarded as being worthy of approval.


(a) (iv) Any Matters Prescribed by the Regulations Clause 92(a) Government Coastal Policy The subject allotment is outside the boundaries of the policy and therefore the Coastal Policy has not been considered. Clause 92(b) Applications for demolition The allotment is vacant land and therefore no demolition is proposed. Clause 93 Fire Safety Considerations This clause is not applicable to the proposed development. Clause 94 Buildings to be upgraded The proposal is a new dwelling & therefore no upgrading is required.

(b) The likely impacts of the development and the environmental impacts on both the natural and built environments and social and economic impacts in the locality Context and Setting The allotment is located in a residential subdivision and contains a variety of dwelling types. The proposal is considered to be consistent with the existing and future character of the area. Access, Transport and Traffic Vehicular access to the allotment from Terranora Road is prohibited by covenant. The legal point of access to the lot is via a right of way over lots 19 & 20 which adjoin to the south. This right of way contains an existing concrete driveway which was constructed at subdivision stage and complies with Council’s Vehicular Access to Property specification document. Flora and Fauna The site does not contain any flora or fauna of any significance.

(c) Suitability of the site for the development Surrounding Landuses/Development The allotment is surrounded by similar residential allotments to the east and south whilst a larger rural living allotment adjoins to the west.


Flora and Fauna See above. Topography The allotment slopes moderately downhill from south to north. Fill on the allotment to the south is retained by a boulder retaining wall and fill on the subject allotment is retained by an existing boulder retaining wall along its northern boundary. Site Orientation The allotment has a northern orientation, living areas and the swimming pool have been located on the northern side of the allotment to take advantage of this solar access.

(d) Any submissions made in accordance with the Act or Regulations There have been no submissions made in relation to this application.

(e) Public interest There are no adverse public interest issues anticipated should this application be approved.

OPTIONS: 1. Approve the application with conditions, or 2. Refuse the application. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Refusal of the application may expose Council to a challenge in the Land & Environment Court. POLICY IMPLICATIONS: Approval of this application is considered to be unlikely to undermine the enforcement of Council’s policies in this matter. Each application is considered on it merits and the variations from Development Control Plan A1 and the Tweed LEP 2000 have been considered and are regarded as being worthy of approval due to the particular circumstances of the site. CONCLUSION: Under the circumstances it is considered that the proposal to construct the dwelling with a minimum building line of 9.60 metres to Terranora Road is reasonable for conditional approval.


The SEPP 1 objection to reduce the statutory building line has been considered and under the circumstances it is considered that the variation is justified and should be supported. The variations from the statutory controls in Development Control Plan A1 are considered to be justifiable due to the circumstances of the site and acceptance of these variations is recommended. UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). Nil.



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5 [PR-CM] Variations to Development Standards under State Environmental Planning Policy No. 1 - Development Standards

ORIGIN:

Director Planning & Regulation SUMMARY OF REPORT:

In accordance with the Department of Planning's Planning Circular PS 08-014 issued on 14 November 2008, the following information is provided with regards to development applications where a variation in standards under SEPP1 has been supported. RECOMMENDATION:

That Council notes the December 2009 Variations to Development Standards under State Environmental Planning Policy No 1 - Development Standards.


REPORT:

On 14 November 2008 the Department of Planning issued Planning Circular PS 08-014 relating to reporting on variations to development standards under State Environmental Planning Policy No. 1 (SEPP1). In accordance with that Planning Circular, the following Development Applications have been supported where a variation in standards under SEPP1 has occurred: - DA No. Description

of Development

Property Address

Date Granted

Development Standard to be Varied

Zoning Justification Extent Authority

DA08/0113 nine (9) lot rural residential subdivision

Lot 2 DP 866690; Lot 1 DP864093; Lot 83 DP1015295; Lot 84 DP1015295 No. 161 Cobaki Road, Cobaki

17/12/2009 Clause 20(2)(b) - Minimum lot size 10ha

1(c) Rural Living, 7(d) Environmental Protection (Scenic/Escarpment)

The application seeks approval for a 9-lot residential subdivision which will result in the creation of a lot containing 7(d) zoned land that is less than 40ha in area. Clause 20 of the LEP requires lots created by the subdivision of land within the 7(d) zone to have a minimum area of 40ha.

All of the 7(d) zoned land (17.5ha) is to be contained within Lot 6 which has a total area of 20.22ha. This equates to a variation of 49.45%.

Tweed Shire Council

DA09/0460 boundary adjustment subdivision

Lot 7 DP 748802 & Lot 6 DP 748802 & Lot 3 DP 602563 No's 517, 519 and 525 Upper Burringbar Road Burringbar.

17/12/2009

Clause 20(2)(b) - Minimum lot size 10ha

1(b1) Agricultural Protection

The boundary adjustment is between three allotments and two of them do not comply with the minimum allotment size being 10ha in the 1(b1) zone.

proposed lot 11 = 95% and proposed lot 10 = 97%

Director-General of the Department of Planning

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




REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES

6 [CNR-CM] NSW Local Infrastructure Fund Application - Banora Point Wastewater Treatment Plant

ORIGIN:

Water SUMMARY OF REPORT:

Council's application for an interest free loan under the NSW Local Infrastructure Fund for the Banora Point Wastewater Treatment Plant Upgrade has been approved by the NSW Department of Planning with an offer of an interest free loan of $16,825,000 over 10 years. RECOMMENDATION:

That Council accepts the offer of the interest free loan of $16,825,000 over ten years from the NSW Local Infrastructure Fund as per the loan agreement and signs the necessary documentation.


REPORT:

On 21 July 2009 Council adopted a recommendation that an application for funds, under the NSW Government $200m Local Infrastructure Fund (LIF), for improvements to Banora Point Sewage Treatment Works be submitted. The Department of Planning received over 100 applications, with requests in excess of $500 million in funding. A total of 37 projects have been offered interest free loans totaling nearly $180m. Council submitted an application for an interest free loan for this project. The application for the LIF funding has been successful with an offer of $16,825,000 interest free over a 10 year period. The whole project was not able to be funded as part of the project services existing development. Due to the relatively short term of the interest free loan (10 years) the annual repayments are greater by $57,000 compared to that of a normal 20 year loan. However, there will be an annual saving of over $1.68m for the following 10 years due to the interest free loan having been discharged. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). 1. Confidential Attachment - Letter of offer from NSW Department of Planning (ECM

10283013)



7 [CNR-CM] Tweed District Water Supply - Demand Management Strategy ORIGIN:

Manager Water SUMMARY OF REPORT:

Council resolved at its meeting of 17 February 2009 to adopt a status report updating the Integrated Water Cycle Management (IWCM) Strategy, (originally adopted in 19 December 2006), which incorporated 18 revised Strategy Actions. Action 1 was to develop a Demand Management Program and as a result of that resolution a Demand Management Strategy (DMS) has been prepared in two stages. The first stage of the DMS, focussing on residential water use, was adopted by Council at its meeting of 17 February 2009. It had been placed on public exhibition for a period of eight weeks closing 1 August 2008 with only one late submission received. The report included demand-managed-water-use-projections for the entire Shire to enable the continuation of ongoing planning, with a proviso that these estimates would be reviewed once the Stage 2 report was completed. The consultants, Montgomery Watson Harza (MWH), have now produced the Stage 2 report focussing on non-residential water use and a combined summary report to coordinate the recommendations from the two stages. The Stage 1 report, originally completed in February 2008, has also been updated and corrected as required to improve consistency between the three documents. This report relates to these three documents: Demand Management Strategy (Summary Combined Report) Demand Management Strategy - Stage 1 (focus on residential water use) Demand Management Strategy - Stage 2 (focus on non-residential water use) RECOMMENDATION:

That the Demand Management Strategy (Summary, Stage 1 and Stage 2) be placed on public exhibition for a period of six weeks.


REPORT:

Council engaged the services of Montgomery Watson Harza (MWH) consultants to assist in the preparation of the Demand Management Strategy. The strategy, made up of three documents, whare are provided under a separate cover. Contents An overview of the Demand Management Strategy Reports is as follows: Summary Combined Report 1. Introduction 2. Water Demand Analysis and Baseline Forecast – Provides data on population, water

demand, and projected baseline demand forecast 3. Assessment of Options – Outlines the demand management scenarios investigated

and assessed in the Stage 1 and Stage 2 reports 4. Revised Demand Forecast – Outlines and compares the revised water demand

forecasts for the implementation of given demand management scenarios 5. Implementation of Demand Management Strategy – Proposes implementation steps,

staffing requirements, and outlines a schedule for implementation 6. Funding Opportunities – Outlines opportunities for federal or state government funding

of demand management actions 7. Recommendations Stage 1: Residential Water Use (adopted 17 February 2009) 1. Introduction 2. Methodology – Outlines the integrated approach undertaken and modelling employed 3. Tweed Shire Overview and Issues - Provides detailed data on past, present and

projected population, water demand, wastewater, and the water cycle 4. Water Demand Analysis and Baseline Forecast – Outlines historic and projected water

demand including assumptions 5. Assessment of Greenfield Scenarios – Outlines alternative scenarios to manage the

water demand in new Greenfield residential areas 6. Options Assessment for Whole of Shire – Outlines alternative scenarios to manage the

water demand in the remaining areas of the Shire (includes Existing / Brownfield Areas)

7. Preferred Option Assessment – Outlines the results of a triple bottom line assessment of the scenarios identified in Chapters 5 and 6

8. Conclusions and Recommendations Stage 2: Non-Residential Water Use 1. Introduction 2. Water Demand Analysis and Baseline Forecast – Outlines historic and projected water

demand


3. Demand Management Measures Screening – Outlines twenty-one (21) alternative measures to manage the water demand of non-residential uses

4. Evaluation of Measures – Outlines the results of a triple bottom line assessment of the measures identified in Chapter 3

5. Conclusions and Recommendations Strategy Recommendations The combined Demand Management Strategy makes the following recommendations based on the assessment of options in the Stage 1 and 2 reports, noting recommendations 1 to 6, 8 and 9 below were previously adopted as part of stage 1: 1. The Strategy recommends that Scenario 4 be adopted for the whole of Tweed Shire, in

particular the existing and infill development areas (Brownfield Areas) with a key focus on developing an extensive active leakage control and pressure management program.

Scenario 4 being: • A voluntary rainwater tank connected to external uses, toilet flushing and cold water to

washing machines: o Single Dwellings minimum 5000L rainwater tank with a minimum 160 m2 roof

area connected to it. o Multi Dwellings & other buildings Rainwater tanks to be provided on a similar

basis connecting 80% to 90% of the roof area. • Implement an extensive active leakage control and pressure management program. • Implementation of selected demand management measures, including education

programs, residential audit programs, a retrofit service and rebate scheme (Shower Heads only) as shown in the Table 1 below.

Table 1

Annual Potable Water Savings (ML/a) Measure Description

2016 2036 Avg.

Annualised Cost ($/kL)

BASIX Fixtures and WELS 219 532 290 $0.02 BASIX - Internal/External Rainwater Tank (5 kL) 827 2,611 1,277 $4.42 Inclining Block Tariff 33 60 36 $0.04 Residential Education Program 76 73 70 $0.88 Landscape Use Efficiency Awards 62 71 57 $1.17 Residential Rebate Program - Showerheads 29 10 20 $0.51 Pressure and Leakage Management Program 532 813 556 $0.94 Residential Retrofit 77 65 68 $1.34 Residential Audit Program 54 64 50 $1.56

Total 1,900 3,993 2,328 It should be noted Council: • Introduced an inclining block water supply Tariff for residential use in 2008/09.

Additionally the 2009/1010 Revenue Policy and Statement included the Table 2 below proposing the volumetric pricing path to 2014/15.


Table 2 Volumetric Charge (S502)

2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15

Volumetric Charge $1.36

$1.50 $1.65 $1.80 $1.95

$2.10 $2.25

Excess Volumetric Charge

$2.04

$2.25 $2.48 $2.70 $2.93

$3.15 $3.38

• Has been active in shower head replacement programs • Has a long running education support program relating to water conservation

particularly targeted at schools. Additionally, approximately 114 residents of existing dwellings have installed rain water tanks and likely taken up the available state and federal government rebates from 1 July 2007 until 30 June 2011.

2. Greenfield Development Scenario 1 be adopted for the Cobaki Lakes, Bilambil Heights,

Terranora and Kings Forest developments.

Scenario 1 being: • A voluntary rainwater tank connected to external uses, toilet flushing and cold water to

washing machines: o Single Dwellings minimum 5000L rainwater tank with a minimum 160 m2 roof

area connected to it. o Multi Dwellings & other buildings Rainwater tanks to be provided on a similar

basis connecting 80% to 90% of the roof • New dwellings on a voluntary basis will have minimum of dual flush toilets as well as 3

star showerheads and taps. Noting that BASIX is most likely to achieve this. • The introduction of Reduced Infiltration Gravity Sewers (RIGS) in new development.

Council is continuing to provide comments to the Department of Planning for the three current large Part 3A projects being Kings Forest, Cobaki Lakes and Rise as they progress through the approval processes. At each phase, ie. concept plan, preferred project report, and now development code, comments are being provided by Council to try and incorporate the requirements of Council’s adopted Greenfield component of the residential Demand Management Strategy (Stage1). Additionally, since the introduction of BASIX in July 2005 almost all new single residential dwellings built in the shire, approximately 900 and approximately 59 Dual occupancies have installed a rain water tank of some description, even though it is not mandatory, noting however to obtain a BASIX Certificate a Rain Water Tank is considered the most straight forward method to score the required points. A summary of the urban installations including new and existing dwellings to date is provided in table 3 below.


Table 3: Rain Water Tanks Installed from 1 January 2005 Tank Size L Number

3000 352 4000 104 5000 308 Other 310 (various from 1000L to 45000L) Total 1083

The resulting median value is a 4,000L tank with 100m2 of roof area connected which results in a yield of 220 L/day compared to the recommended 260 L/day for the 5,000L tank with 160m2 of roof area connected.

3. For West Kingscliff, recycled water be made available to future industrial land use areas where demand is identified.

4. Rainwater tank education programs be developed, focused on the correct use and

maintenance including a regular program of inspections. Council’s Rain Water Tank Policy is comprehensive and along with the application process alerts owners to their responsibilities.

5. An on-going communication and education program be developed as part of the

preferred program to ensure that savings are maintained in future. 6. The inclining block tariff structure be maintained and enhanced to provide a price signal

for high users. Also see Table 2 above. 7. The recommended non-residential demand management program be:

a. TSC develop an auditing program targeting the major users (>20 ML/year). Following the marketing and successful implementation of this program it is recommended that the balance of the caravan parks, shopping centres, clubs and aged care facilities within the top 100 be targeted. Auditing programs should include the requirement to conduct a leakage assessment using data-loggers.

b. The auditing of major water using parks and gardens should be undertaken and reinforced by training for TSC parks and gardens staff. Ideally, this should be complemented by the development of Open Space Irrigation Guidelines which would govern how parks and gardens and sports grounds within TSC are irrigated and managed in the future.

c. TSC consider the introduction of regulations to control non-residential internal fitting and fixtures including taps, showers, toilets and possibly urinals. This should be complemented by the requirement for any new major user (eg. 5 ML/year) to complete a water management plan at the DA stage. The Plan may include the provision that customers must use an alternative water source eg. rainwater, stormwater, recycled water etc, for non-potable water uses on-site.


d. A non-residential education program be developed targeting the key sub-sectors identified. This could involve the preparation of fact sheets targeting water use efficiency within each of the targeted sectors eg. caravan parks, clubs. There is significant amount of resources available on the internet relating to these sectors, including guidelines and check lists, which can be adapted and used by TSC as part of the education program.

e. As part of the overall communications strategy, council liaise with key state government departments regarding the implementation of water efficiency programs (ie. audits, retrofits) for state government buildings, such as hospitals and schools. It is also recommended that TSC organise workshops with Chamber of Commerce as well as other industry and commercial representatives to form relationships and disseminate key information regarding conservation programs to target sectors.

8. A review be undertaken of the potable water design standards based on the demand

assessment undertaken in this report. A regular assessment should then be undertaken to review the adopted design standards.

9. Council continues to encourage effluent reuse schemes and other integrated water

solutions that are sustainable in the long term proposed by developers of greenfield sites.

10. The recommended performance tracking plan be adopted which will enable TSC to

adjust the program to ensure that the overall demand is achieving the ultimate long-term reduction goals envisioned by the program.

11. Adoption of Key Performance Indicators where Council undertakes to reduce average

residential demand to 200L/capita/d and average total demand to 300L/capita/d by 2013 (15% reduction on 2006 figures).

Additional Notes It should be noted that: • Prior to finalisation and adoption of the Demand Management Strategy, the exact

resourcing requirements will require review in light of Council’s staffing and financial capabilities. Resourcing requirements would most likely be able to be met through a combination of Council employees and external service providers, together with a relaxation of the proposed implementation schedule.

• The residential sector recommendations proposed are in addition to requirements of

the NSW Governments Building and Sustainability Index (BASIX). However it must be strongly noted that Council can not impose mandatory requirements in excess of BASIX aimed at reducing consumption of mains supplied water. Therefore the recommendations relating to development requirements can only be entered into on a voluntary basis between Council and each individual developer.


LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: If adopted, the Demand Management Strategy will require a significant long-term commitment by Council to reduce water consumption in the Shire and will require significant resourcing to ensure it is implemented in a planned and effective manner. Due to the significant requirements of the strategy, implementation should be staged as resources become available and the expansion of the program should be paced with the growing capabilities of staff, the success of initial implementation, the increasing understanding of the public and increases in the availability of funding. The table below presents an indicative breakdown of annual budget requirements for strategy implementation to 2019. First year costs include considerations of funding required for program setup and implementation, with following years taking into account continued operating and administration costs. Costs for pressure and leakage management are high due to the costs associated with establishing pressure and district management (metering) areas. Cost for this measure has been distributed over four years. There is a significant decrease in costs after 2013 when the pressure and leakage management program has been established and the residential retrofit program ceases.

POLICY IMPLICATIONS: Nil.



To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). 1. Tweed Shire Council Draft Demand Management Strategy December 2009 (ECM

10774199) 2. Tweed Shire Council Draft Demand Management Strategy December 2009 – Stage 1

(ECM 10774198) 3. Tweed Shire Council Draft Demand Management Strategy December 2009 – Stage 2

Non-residential Program Evaluation (ECM 10774197) 4. Report to Council - IWCM Status Report adopted 17 February 2009 (ECM 1969192) 5. Council Policy – Rainwater Tanks Version 1.1 (ECM 7860268)



8 [CNR-CM] Acceptance of Arts NSW Funding for Tweed River Art Gallery ORIGIN:

Community & Cultural Services SUMMARY OF REPORT:

A grant from the NSW State Government Communities NSW, Arts NSW through the 2010 Arts Funding Program totalling $40,000 has been approved. The grant funding is to be allocated towards Art Gallery programs for the 2010 calendar year. RECOMMENDATION:

That: 1. Council accepts the grant offers for the Art Gallery 2010 programs

totalling $40,000 from Arts NSW 2010 Arts Funding Program and votes the expenditure as part of Council’s budget allocation for the Art Gallery operations for the 2009/2010 budget period.

2. All documentation be executed under the Common Seal of Council if

required.


REPORT:

Tweed Shire Council applied to Arts NSW following an invitation from the State arts department for triennial funding for the period 2010/2012 for a total of $60,000 per annum for three years. This triennial funding application was unsuccessful. Arts NSW has alternatively offered Tweed Shire Council a grant of $40,000 for the delivery of Art Gallery programs. The $40,000 grant awarded to the Art Gallery is funding towards annual programs and forms part of the recurrent annual funding for Art Gallery operations. This funding will be utilised in the presentation of 29 exhibitions and supporting public and education programs throughout the 2010 calendar year. A copy of the letter from NSW Government Minister for Fair Trading and Minister for the Arts is reproduced below.


LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Council must accept conditions of each grant and administer funds in accordance with conditions POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER/FURTHER INFORMATION:




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9 [CNR-CM] Request for "In Kind" Support/Waive Fee ORIGIN:

Community & Cultural Services SUMMARY OF REPORT:

Council has received requests from various organisations asking that Council provides in-kind support/waives the fees for room hire. Details of the requests are reproduced in the body of this report. In accordance with Section 356 of the Local Government Act 1993 - Donations, Council resolved on 6 October 2004 that:-

"…. in future, all donations made by Council, whether in cash or in kind, be made by way of a resolution of Council."

RECOMMENDATION:

That Council:- 1. With reference to the request from Tweed Australian South Sea Islander

Community Inc, provides the South Sea Islander Room at the Tweed Heads Civic Centre free of charge for monthly meetings in 2010, and that Council's support is recognised with the following acknowledgement "this program has been supported by Tweed Shire Council".

2. With reference to the request from Scripture Union Kingscliff Beach

Mission, provides the Kingscliff Amenities Hall free of charge for the free school holiday program from 28 December 2009 to 2 January 2010 and that Council's support is recognised with the following acknowledgement "this program has been supported by Tweed Shire Council".


REPORT:

Council has received requests from various organisations asking that Council provides in-kind support/waives the fees for room hire. Details of the requests are reproduced as follows:-

Organisation Name

Request Est $ Amount

of Waiver

Recommendation Meet Guidelines?

Tweed Australian South Sea Islander Community Inc

Request waiver of fees for hire of South Sea Islander Room at Tweed Heads Civic Centre for monthly meetings in 2010.

$840 That the fee of $840 be waived.

Yes

Scripture Union Kingscliff Beach Mission

Request waiver of fees for hire of Kingscliff Amenities Hall for free school holiday program from 28 December 2009 to 2 January 2010.

$606 That the fee of $606 be waived.

Yes

A copy of the requests are reproduced below.


LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Should requests be approved for the waiving of fees for room hire, the income for the meeting room will be impacted by the amount of the fee reduction. Should requests for "in kind" support be approved, this will impact on the costing of Council's involvement in the activity. POLICY IMPLICATIONS: In considering this request, reference should be made to:- Festivals Policy. Donations Policy. Guidelines for Fee Reduction, Auditoriums, Meeting Rooms and Halls. UNDER SEPARATE COVER/FURTHER INFORMATION:




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REPORTS FROM THE DIRECTOR ENGINEERING AND OPERATIONS

10 [EO-CM] Application for Gate across Public Road Reserve - Bonnydoon Road Uki

ORIGIN:

Design SUMMARY OF REPORT:

An application has been received from the owners of Lot 93 in DP 807666 to retain a gate and stone pylon structure that provides an entry point to their property which has been erected across a Council public road reserve at Bonnydoon Road, Uki. The gates were erected at the time of construction of the retreat in 2007. At this time the owners of Lot 93 also constructed and sealed at full cost to them the remaining section of Bonnydoon Road from the end of the Council formed and sealed section to the boundary of their property, being a length of approximately 90m. Council records do not indicate any approval or consent was sought or provided at that time for the construction of the road or the gate structure regardless of the conditions set out in the original and then amended consent dated 24 August 2007 which noted that a separate consent under S138 must be obtained prior to any access construction within the public road reserve. An objection to the gates and structure has been received from the adjacent land owners, a confidential copy of which is attached. It is recommended that Council does not provide its consent to the gates and stone pylon structures within the Council public road reserve and in accordance with Section 107 of the Roads Act, 1993, directs the applicant to remove the obstruction within 60 days from the date of notification. RECOMMENDATION:

That Council does not provide its consent to the gates and stone pylon structures within the public road reserve and in accordance with Section 107 of the Roads Act, 1993, directs the applicant to remove the above gates and structures within 60 days from the date of notification.


REPORT:

An application has been received from the owners of Lot 93 in DP 807666 to retain a gate and stone pylon structure that provides an entry point to their property which has been erected across a Council public road reserve at Bonnydoon Road, Uki. The gates were erected at the time of construction of the retreat in 2007. At this time the owners of Lot 93 also constructed and sealed at full cost to them the remaining section of Bonnydoon Road from the end of the Council formed and sealed section to the boundary of their property, being a length of approximately 90m. Council records do not indicate any approval or consent was sought or provided at that time for the construction of the road or the gate structure regardless of the conditions set out in the original and then amended consent dated 24/8/2007 which noted that a separate consent under S138 must be obtained prior to any access construction within the public road reserve. Section 138 of the Roads Act 1993 states that inter alia a person must not erect a structure or carry out works in, on or over a public road, or dig up or disturb the surface of a public road otherwise than with the consent of the appropriate roads authority. Section 128 of the Roads Act 1993 notes that a Roads authority may grant the occupier of any land through which an unfenced public road passes to erect a gate across the road at any place at which the road intersects a boundary fence. The location of this gate structure is within the public road reserve at the end of the Council formed section of road and meets the boundary of Lot 80 DP 807666 and Lot 77 in DP 843738, its location does not however intersect the applicants land at Lot 93 in DP 807666. The applicant was requested in a letter dated 13 November 2009 to provide additional information to support the necessity for the gate and stone pylon structures to remain at their current location within the public road reserve. An email was received on 15 December 2009 and noted the following issues:-

"1. The entrance of the paper road goes into my dam and down the side of a undriveable slope into the trees, which would be impossible to ever form a real road.

2. The neighbour property has always used the other property driveway to enter their property.

3. I have paid over $30,000 to put the sealed road in. $10,000 to erect a beautiful entrance for the retreat with standing statues and piers and rock gardens which adds to the beauty of the end of the court.

4. There is access to any vehicle if need be the piers in place do not cause any problem, also the road only leads into my retreat.

5. I believe a complaint from the neighbouring property has been lodged. In response the neighbour has not ever had any access through that road until it was put in 3 years ago he has always had access through the other neighbours property driveway and had friends trying to park on both driveways even though they do not own the land and we have had to ask them to move and last time had them removed by the police as they do not have a driveway in place or house and never have had one in place.

6. I ask council to review the recommendation and the damage of that recommendation as I see no benefit for destroying something that adds to the area.


7. Worst case scenario, If you approve the piers I will take down the gates. I would love to have both left in place, and I see no damage to anyone if they are left in place as the gates are never locked or closed. They are for looks only."

In response to the above comments:- 1. Council’s aerial photos do not indicate that the applicant’s dam encroaches onto the

road reserve however this can only be clarified through survey inspections. Section 107 of the Roads Act 1993 notes that a roads authority may direct any person who causes an obstruction or encroachment on a public road reserve to remove such obstruction. Therefore should the dam encroach onto the public road reserve Council are authorised to direct the owner to remove such obstruction should it be necessary.

2. The owners of Lot 77 have the benefit of a right of carriageway over Lot 76 DP 843738

however this does not remove the legal right of access available to Lot 77 from the Council public road reserve which runs along its southern boundary. It should be further noted that the gate structure also obstructs the full use of the right of carriageway as shown on the attached plan.

3. Council records indicate that no approval was sought or provided for the erection of

any structures within the Council public road reserve. 4. The structures do cause restriction to larger vehicles entering onto Lot 77. The road

reserve is a “Public” road reserve and even though at this time it is used mainly for the access to Lot 93 the roads purpose is not for the exclusive use of one land owner.

5. The owners of Lot 77 have a legal right to access their property from the Council public

road reserve regardless of the property having a dwelling or not. The owner also has a right to access their property for the purpose of constructing a dwelling should it be granted Council building approval.

6 & 7 Councils approval for gates on public roads are normally based on the necessity of

containing stock and in extreme circumstances for security reasons, they are not based on the aesthetic quality such structures provide to a private property.

An objection to the gates and structure has been received from the adjacent land owners, a copy of which is attached. The objection provides that access to Lot 77 in DP 843738 has been impeded and restricts the formation of access. Entry to Lot 77 is located fully behind the fence structure. It further notes that any access formed at this time will be insufficient to allow large vehicles from accessing the property and therefore prevent the construction of a dwelling or other structure on Lot 77. The objection further notes that the gate and stone pylon structure infers to other members of the public that Lot 77 is part of the commercial venture known as the ‘Universal Peace Centre’, which is a religious retreat, and discourages visitors and potential purchasers from entering past the point of the gates. It is recommended that Council does not provide its consent to the gates and stone pylon structures within the Council public road reserve and in accordance with Section 107 of the Roads Act, 1993, directs the applicant to remove the obstruction within 60 days from the date of notification.


Below is a plan of Bonnydoon Road showing the area where the gate is located:-


Below is a copy of the Government Gazette notice dated 5 September 2003, Folio 9192 showing the transfer of the road in question from Crown to Council.


Photos of the gate and stone pylons:-

View looking north west back to Bonnydoon Road:-


Stone pylon and statue:-


To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). 1. Confidential Attachment - Letter of objection (ECM 8737261). 2. Confidential Attachment - Email from applicant (ECM 10382352).



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11 [EO-CM] Road Closure Application - Commissioners Creek Road, Commissioners Creek, Parish of Toolond

ORIGIN:


Council has received an application to close and purchase a section of Council public road known as Commissioners Creek Road, running along the northern boundary of Lot 41 in DP 755431. An investigation of the Road reserve has been conducted and it has been noted that there is minimal formation for a length of approximately 175m, no other infrastructure currently appears to exists within it. The topography of the area indicates slopes between 170m AHD and 530m AHD which would make formation along this alignment impracticable. This application does not comply with Council's current policy on Road Closure and purchase in so far as it falls within the categories listed for road not eligible for closure, being:

”3. Road reserves containing wildlife corridors, significant flora, marketable timber and scenic escarpments…

8. Topographically difficult road reserves which might potentially be exchanged

for a more negotiable corridor…" It is recommended that Council does not consent to the closure and purchase by the applicant of the section of Council public road running along the northern boundary of Lot 41 in DP 755431 at Commissioners Creek. RECOMMENDATION:

That Council does not consent to the closure and purchase by the applicant of the section of Council public road running along the northern boundary of Lot 41 in DP 755431 at Commissioners Creek.


REPORT:

Council has received an application to close and purchase a section of Council public road known as Commissioners Creek Road, running along the northern boundary of Lot 41 in DP 755431. An investigation of the Road reserve has been conducted and it has been noted that there is minimal formation for a length of approximately 175m however this only provides access to Lot 41 DP 755743, no other infrastructure currently appears to exists within it. The topography of the area indicates slopes between 170m AHD and 530m AHD which would make formation along this alignment impracticable. The section of road proposed to be closed is heavily treed along the entirety of the alignment and upon investigation it is noted that this area has high to very high ecological status and low to moderate ecological sensitivity. The road reserve falls within a subregional fauna corridor however there appears to be no noted threatened species of flora or fauna in the immediate or surrounding area. This area has also been identified as containing significant old growth forests including rainforests. The road reserve whilst not formed leads directly to Mt Jerusalem National Park and NSW National Parks and Wildlife Service have advised the applicant that they will not object to the closure and purchase of it on the proviso that an alternate formed track have a right of carriageway created over it to benefit their use when necessary. The applicant has suggested that as an alternate NSW NPWS could use a Crown Road named Rock Face Road, however Council officers have been unable to locate any such Crown Road. It may be possible that “Rock Face Road” is a privately owned access Road. A copy of both the letter from the applicant and the NPWS relating to this issue is attached. This application does not comply with Councils current policy on Road Closure and purchase in so far as it falls within the categories listed for road not eligible for closure as indicated below.

”3. Road reserves containing wildlife corridors, significant flora, marketable timber and scenic escarpments…

8. Topographically difficult road reserves which might potentially be exchanged

for a more negotiable corridor…" It does however fall within point 1 of the exceptions as the road can be considered redundant in terms of access to all surrounding properties as well as topographical constraints. It is recommended that Council does not consent to the closure and purchase by the applicant of the section of Council public road running along the northern boundary of Lot 41 in DP 755431 at Commissioners Creek.


Plan showing section of road proposed to be closed

Aerial photo showing section of road formation.

826826826826826

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Commissioners Creek Rd






Significant areas of rainforest are present No indication of Protected or Threatened species of flora or fauna

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Plan showing subregional fauna corridor

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Low to very high ecological status

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Moderate to high ecological status

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LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Nil.


POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). 1. Confidential Attachment - Letter from applicant (ECM 9830760).



12 [EO-CM] Classification of Land as Operational, Terranora ORIGIN:


Proposed Lot 467 in a Subdivision of Lot 401 in DP 1035061 at Terranora is to be transferred to Council as Sewer Pump Station following registration of the plan of subdivision. A notice was published in the Tweed Link on 8 December 2009 allowing a period of 28 days for any member of the public to provide a written submission to the proposed classification of this land as operational. No submissions were received. It is therefore necessary to resolve to classify this parcel as “Operational” pursuant to the provisions of the Local Government Act, 1993. RECOMMENDATION:

That: 1. Council approves the transfer of proposed Lot 467 in a Subdivision of

Lot 401 in DP 1035061 at Terranora as Sewer Pump Station; and 2. Proposed Lot 467 be classified as “Operational” pursuant to Section 31

of the Local Government Act, 1993; and 3. All necessary documentation be executed under the Common Seal of

Council.


REPORT:

Proposed Lot 467 in a Subdivision of Lot 401 in DP 1035061 at Terranora is to be transferred to Council as Sewer Pump Station following registration of the plan of subdivision. A notice was published in the Tweed Link on 8 December 2009 providing a period of 28 days for any member of the public to provide a written submission to the proposed classification of this land as operational. No submissions were received. It is therefore necessary to resolve to classify this parcel as “Operational” pursuant to the provisions of the Local Government Act, 1993 A copy of the plan showing proposed Lot 467 as Sewage Pump Station is shown below.


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13 [EO-OC] EC2009-141 - Soil Nail Retaining Wall at Kyogle Road Cutting Bray Park

ORIGIN:

Planning & Infrastructure FILE NO: EC2009-141 SUMMARY OF REPORT:

This report outlines the tender for EC2009-141 - Soil Nail Retaining Wall at Kyogle Road Cutting Bray Park. Recommendations have been formulated based on the Selection Criteria which is contained in the Tender Evaluation, Pricing Report included in CONFIDENTIAL ATTACHMENT A. It is recommended that Council accepts the tender of Crosana Pty Ltd for Soil Nail Retaining Wall at Kyogle Road Cutting Bray Park. Attachment A is CONFIDENTIAL in accordance Section 10A(2)(d) of the Local Government Act 1993, because it contains commercial information in relation to the tenders, the disclosure of which would be likely to prejudice the commercial position of the tenderers if it was provided. The information identifies the tenderers in relation to the tender price and the evaluation of the products offered by each tenderer. If disclosed, the information would be likely to prejudice the commercial position of the tenderers in terms of market competitiveness, by giving their competitors an advantage. Accordingly, disclosure of the information is not in the public interest. RECOMMENDATION:

That: 1. The tender from Crosana Pty Ltd be accepted to the value of $482,245.00

(Incl GST). 2. The General Manager be given delegated authority to approve variations

up to 20% above the initial contract price. Any variations be reported to Council on a quarterly basis.

3. The ATTACHMENT be treated as CONFIDENTIAL in accordance with

Section 10A(2)(d) of the Local Government Act, 1993, because it contains commercial information in relation to the tenders, the disclosure of which would be likely to prejudice the commercial position of the tenderers if it was provided. The information identifies the tenderers in relation to the tender price and the evaluation of the products offered by each tenderer. If disclosed, the information would be likely to prejudice the commercial position of the tenderer in terms of market competitiveness, by giving their competitors an advantage. Accordingly, disclosure of the information is not in the public interest.


REPORT:

This report provides details of the Tender analysis process for the recommendation of awarding Contract EC2009-141 Soil Nail Retaining Wall at Kyogle Road Cutting Bray Park. The current section of Kyogle Road from Ray Street to Park Avenue provides no road shoulder provision to facilitate safe cycle or pedestrian movement to and from the developing areas of Riveroak Drive, Hundred Hills and Sovereign Heights. Widening of the carriageway to provide retaining, kerb and gutter, improved drainage and a 2.5 metre wide cycleway is proposed for the area. This involves an extensive earthworks component to widen the cutting and stabilise and drain the new retaining structure. Funding has been sourced from 2 years of Council budget allocation $184,400, Roads and Traffic Authority Grant of $50,000, Jobs Fund - National Bike Path Projects $180,000 and Section 94 funds to match the National Bike Path Plan allocation $180,000, a total of $594,400.00. Background Council Tender EC2009-141 for the provision of:-

Soil Nail Retaining Wall at Kyogle Road Cutting Bray Park The following selection criteria and weightings were determined prior to the issuing of the Tender:

No Criteria Weighting 1 Price 60 % 2 Timing of Construction 10% 3 Method Testing and certification 5% 4 Experience-technical ability 10% 5 Past performance-track record 10% 6 Complying Tender- schedule rates 5% Tenders Received A total of six responses were received for tender EC2009-141 Soil Nail Retaining Wall at Kyogle Road Cutting Bray Park (in alphabetical order) Alterrain Pty Ltd Crosana Pty Ltd Earthtec Construction Pty Ltd Geotech Pty Ltd Sporting Services Pty Ltd trading as Pan Civil The Rix Group Pty Ltd


Tender Evaluation A copy of the Tender Evaluation Report is included in ATTACHMENT A which is CONFIDENTIAL in accordance with Section 10A(2)(d) of the Local Government Act, 1993, because it contains commercial information in relation to the tenders, the disclosure of which would be likely to prejudice the commercial position of the tenderers if it was provided. The information identifies the tenderers in relation to the tender price and the evaluation of the products offered by each tenderer. If disclosed, the information would be likely to prejudice the commercial position of the tenderer in terms of market competitiveness by giving their competitors an advantage. Accordingly, disclosure of the information is not in the public interest. Recommendations appear below for the Tender. Based on selection criteria, it is recommended that Tenderer Crosana Pty Ltd be nominated for Soil Nail Retaining Wall at Kyogle Road Cutting Bray Park. Details of Crosana Pty Ltd relative competitiveness are shown in the Evaluation Report CONFIDENTIAL ATTACHMENT A which was endorsed by the Evaluation Committee. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Funding is provided within the 08/09-09/10 Budget for EC2009-141 Soil Nail Retaining Wall at Kyogle Road Cutting Bray Park and has been sourced from 2 years of Council budget allocation $184,400, Roads and Traffic Authority Grant of $50,000, Jobs Fund - National Bike Path Projects $180,000 and Section 94 funds to match the National Bike Path Plan allocation $180,000, a total of $594,400.00. POLICY IMPLICATIONS: Nil. UNDER SEPARATE COVER/FURTHER INFORMATION:

1. Confidential Attachment A - EC2009-141 Soil Nail Retaining Wall at Kyogle Road Cutting Bray Park (ECM 11316251).


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14 [EO-CM] Adoption of Amended S94 Plan No 23 - Offsite Parking (Version 2.1)

ORIGIN:

Planning & Infrastructure SUMMARY OF REPORT:

Council at its meeting held 17 November 2009 resolved to exhibit Draft S94 Plan No S94 Plan No 23 – Offsite Parking (Version 2.1). The mapped areas within the plan were originally derived from the commercial zoned land in the CBD areas. For flexibility in applying contributions this amendment proposed to include 5(a) Special Uses zoned land adjacent to the Cabarita CBD within the mapped area in CP 23 (Figure 1D). An administrative amendment was also made to update Clause 2.9 in relation to the obligation of accredited certifiers to be consistent with Council’s other S94 plans. The amendment does not result in a change to contribution rates. The Draft Plan was exhibited for 28 days from 25 November 2009 to 24 December 2009 in accordance with Regulation 28 of the Environmental Planning and Assessment Regulations 2000 via Council’s Tweed Link and website exhibition page and no submissions were received. The plan is submitted for Council approval as exhibited. RECOMMENDATION:

That Council:- 1. Approves Draft Section 94 Plan No 23 – Offsite Parking (Version 2.1) as

exhibited to repeal and replace the existing version in accordance with Clause 31 of the Environmental Planning & Assessment Regulations 2000;

2. Gives Public Notice in the Tweed Link of Council's decision specifying

that the amended Version 2.1 of the Plan (CP 23) comes into effect on the date of the notice.


REPORT:

Background 1. Background S94 Plan No 23 – Offsite Parking (CP 23) has been in existence since November 1999 for the purpose of collecting S94 contributions for offsite parking. The current version of the plan (Amendment No 2) was adopted on 18/8/2009. CP23 allows a developer to make a contribution to Council for the provision of required parking spaces offsite instead of requiring that all carparking to be provided on the development site itself. 2. Amendment The mapped areas within the plan were originally derived from the commercial zoned land in the CBD areas. For flexibility in applying contributions this amendment proposed to include 5(a) Special Uses zoned land adjacent to the Cabarita CBD within the mapped area in CP 23 (Figure 1D). An administrative amendment was also made to update Clause 2.9 in relation to the obligation of accredited certifiers to be consistent with Council’s other S94 plans. The amendment does not result in a change to contribution rates. 3. Exhibition and Submissions Council at its meeting held 17 November 2009 resolved to exhibit Draft S94 Plan No S94 Plan No 23 – Offsite Parking (Version 2.1). The Draft Plan was exhibited for 28 days from 25 November 2009 to 24 December 2009 in accordance with Regulation 28 of the Environmental Planning and Assessment Regulations 2000 via Council’s Tweed Link and website exhibition page. No submissions were received during the exhibition period and the plan as exhibited is now recommended for Council approval. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: A development consent was recently issued to the Cabarita Surf Lifesaving Club which included a condition requiring contributions for carparking under this plan. If the area is not included in the Plan area and the Club could not make the contribution, the approved development could not proceed. POLICY IMPLICATIONS: This report proposes an amendment to Council’s car parking contribution S94 Plan (CP23).



To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). 1. Section 94 Plan No 23 - Offsite Parking (Version 2.1) (ECM 10468686).



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REPORTS FROM THE DIRECTOR TECHNOLOGY AND CORPORATE SERVICES

15 [TCS-CM] Local Government Remuneration Tribunal - Fees Payable to Councillors and Mayors effective 1 July 2010

ORIGIN:

Corporate Governance SUMMARY OF REPORT:

The Local Government Remuneration Tribunal reviews fees payable to elected members as well as determining categories of Councils for the payment of these fees and has advised that it has commenced the review for the 2010 determination of fees. The Tribunal welcomes submissions closing 19 February 2010 from Councils regarding the quantum and/or structure of fees. This report recommends that the Tribunal give consideration to establishing two (2) Councillor fee structures depending on the number of Councillors and that for those Councils within the Regional Rural and Metropolitan Categories with eight (8) or less elected members fees be increased to $24,000 per annum. RECOMMENDATION:

That Council forwards a submission to the Local Government Remuneration Tribunal in relation to fees payable to Councillors for the 2010/2011 period, recommending: 1. That there are two (2) Category fee structures being:

Category A - Councils of eight (8) or less elected members. Category B – Councils of more than eight (8) elected members.

2. That for those councils in Regional Rural Category A and Metropolitan

Category A the maximum fee to be $24,000 per annum. 3. That the fee for Category A for Rural, Metropolitan Centre, Metropolitan

Major, Major City and Principal City, be determined by the Local Government Remuneration Tribunal.


REPORT:

The Local Government Remuneration Tribunal reviews fees payable to elected members as well as determining categories of Councils for the payment of these fees and has advised that it has commenced the review for the 2010 determination of fees. The Tribunal will be undertaking a review of the minimum and maximum fee levels for each category. Council is categorised within the Regional Rural classification with the following fee structure and has applied the maximum fees payable for the 2009/2010 period to both Councillors and the Mayor, with the Mayoral fee being paid in addition to that of the Councillor.

Councillor Mayor Minimum Maximum Minimum Maximum

$7,040 $15,500 $14,980 $33,840 In relation to the categorisation of councils the Tribunal has advised that this was reviewed in 2009 and is not required to be determined until 2012. Council is currently categorised within the highest rural classification, being Regional Rural, with the fees payable being the same as those councils in the Metropolitan category. The Tribunal welcomes submissions closing 19 February 2010 from councils regarding the quantum and/or structure of fees. In determining the fees payable for the 2009/2010 period the tribunal applied an increase of 2.5 per cent over those payable in 2008/2009. For the role of Councillor and Mayor the monthly pro-rata of the maximum fees over a twelve month period is as follows: Councillor $1,292 Mayor (combined fees) $4,112 Council recently resolved to pay its community members of the Northern Region Joint Regional Planning Panel an amount of $200 per hour which equates to a per meeting payment of $1000 to $1200. The Department of Planning has advised that the State appointed members will be receiving an amount of $1400 per meeting. The Joint Regional Planning Panel is a single purpose panel which does not have the complexity of issues that a General Purpose Council covers, including the various civic duties, committees and workshops that are required on a continuing monthly basis of Councillors. If the Joint Regional Planning Panel State appointed members attend ten (10) one day meetings in a year they will receive the equivalent to Councillors current annual fee. Tweed Shire Council adjoins the South-east Queensland growth corridor and is predicted to experience ongoing significant population increase over the next 20 years. Against that, the Tweed Valley has well documented national heritage value and biodiversity. Along with other large coastal Councils, balancing and managing the competing priorities is a complex challenge, requiring a commitment from elected members, that may not be evident in other regions of the State.


Tweed Shire Council has also reduced the number of Councillors to seven (7) from the September 2008 election. There had previously been eleven (11) councillors and prior to that twelve (12). If eleven (11) Councillors were still in place the annual cost based on the recommended maximum fee would be $170,500 compared to $108,500 for the current Council. It could be argued the reduction in numbers has significantly increased Councillor’s workload. An increase to $24,000 per annum would equate to $168,000, which is close to the amount of $170,500 that would have been payable had the previous Councillor numbers been retained. The report recommends that the Tribunal give consideration to establishing two (2) fee structures based on Councillor numbers as a reflection of workload. The report also recommends that Council’s submission to the Tribunal includes a recommendation that the fees payable to Councillors in Tweed’s category be increased to $24,000 per annum to better reflect the importance of the roles and responsibilities associated with civic office that is in keeping with Sections 8, 232 and 262 of the Local Government Act 1993, while keeping in mind the additional burden it may place upon ratepayers should a significant increase be granted. These sections of the Local Government Act 1993 highlight the Council’s Charter, Role of the Mayor and the Role of Councillors. LEGAL/RESOURCE/FINANCIAL IMPLICATIONS: Any increase in fees would be included in the 2010/2011 budget. POLICY IMPLICATIONS: Fees payable in accordance with Sections 248 and 249 of the Local Government Act 1993. UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). 1. 2009 Report and Determinations of the Local Government Remuneration Tribunal

(ECM 10982908).



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16 [TCS-CM] Monthly Investment Report for Period Ending 31 December 2009 ORIGIN:

Financial Services SUMMARY OF REPORT:

This report is provided to Council to advise details of monies Council has invested in accordance with Section 625 of the Local Government Act 1993. There is a requirement by Council's investment consultant to allow at least 5 working days following the end of the month to provide the statistics for this report. Due to this time constraint there will be an addendum report provided to Council for consideration at its meeting on 19 January 2010. RECOMMENDATION:

Refer to addendum report.


REPORT:

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




REPORTS FROM SUB-COMMITTEES/WORKING GROUPS

17 [SUB-TRAG] Minutes of the Tweed River Art Gallery Advisory Committee Meeting held Thursday 19 November 2009

Venue:

Tweed River Art Gallery Time:

5.30PM Present:

Max Boyd (Chair), Gary Corbett (Manager, Cultural & Community Services, TSC), Susi Muddiman (Art Gallery Director), Josephine Nugent, Poppy Ottley, Robyn Dowling, Mal Leckie, Clr Joan van Lieshout, Anne Schardin, John Opit.

Apologies:

Josie Flett, Shirley Kennedy, Cr Barry Longland (Chair), Gayl McKay. Minutes of Previous Meeting: Moved: Max Boyd Seconded: Poppy Ottley

RESOLVED that the Notes of the Tweed River Art Gallery Advisory Committee meeting held 27 August 2009 be accepted as a true and accurate record of the proceedings of that meeting.

Business Arising:

Susi Muddiman and Clr Barry Longland to write a thank you letter to Margot Anthony thanking Margot for her many years of service on the committee.

Gary Corbett reported that Doug Anthony’s generous gift of additional land for a sculpture walk to enlarge the Gallery grounds was proceeding through Council as a border re-alignment. Some discussion was held about the committee’s role and the new constitution. The new constitution will be re-sent to committee members.

Agenda Items: 1. Gallery Director’s Report Moved: Poppy Ottley Seconded: Mal Leckie

RESOLVED that the Art Gallery Director’s Report as attached including five new artwork acquisitions, be received and noted.


General Business: 1. ABAF WORKSHOP Max Boyd reported that he found the workshop recently held at the Civic Centre excellent, and that he received valuable information about sponsorship. 2. GALLERY STAFFING After much discussion Clr Joan van Lieshout suggested that the committee prepare a submission for extra staff to Councillors.

Moved: Max Boyd Seconded: Clr Joan van Lieshout

RESOLVED that the committee again strongly recommend the appointment of an extra staff member further to a resolution submitted in the June 2009 minutes. The following information is provided to the Committee to indicate comparative staffing levels at selected regional galleries. Lismore Regional Art Gallery and Grafton Regional Gallery are smaller in terms of operational expenditure, but are included for closer regional centre comparison and to highlight the fact that their staffing levels are very similar, if not more than those of Tweed River Art Gallery.

Gallery

Staff position – June 09

Full time / Part time

Tweed River Art Gallery Director Assistant Director Administration Exhibitions Curator Public Programs Curator Gallery Technician x 2

Full time Full time Full time Part time (4 days) Part time (3 days Casual

Lismore Regional Gallery

Director Curator Programs Co-ordinator Administration

Full time Full time Part time Full time

Grafton Regional Gallery

Director Curator: Public Programs Curator: Exhibitions Administration Gallery Assistants

Full time Part time (3 days) Part time (4 days) Full time Casual

Gold Coast City Art Gallery

Director Curator: Public Programs Curator: Exhibitions Gallery Technician Administration

Full time Part time (4 days) Part time (4 days) Part time (4 days) Full time

Bathurst Regional Art Gallery

Director Curator Public Programs Collection Manager Administration

Full time Full time Full time Full time Full time


Wagga Wagga Art Gallery

Director Curator: Exhs & Collection Curator: Education & PP Curator: Glass Administration Gallery Assistant (x 4) Technician

Full time Full time Full time Full time Full time Perm. Part time (2 days/wk) Perm. Part time (2 days/wk)

Newcastle Region Art Gallery

Director Program Manager Exhibitions Co-ordinator Administration Public Programs Officer Public Art Officer Registrar Technical Officer (x 2) Exhibition & Curatorial Ast Art Gallery Assistants (x 2)

Full time Full time Full time Full time Full time Full time Full time Full time Casual Part time

RECOMMENDATION:

That Council makes available the staffing levels as represented in the Art Gallery Director’s report for the information of Council, and further we recommend that Council consider the employment of an Education Officer as outlined in the Gallery’s Business Plan.

Next Meeting:

The next meeting of the Tweed River Art Gallery Advisory Committee will be held at a date to advised.

The meeting closed at 7.00pm. EXECUTIVE MANAGEMENT TEAM’S COMMENTS: Item 2. Gallery Staffing Nil.

EXECUTIVE MANAGEMENT TEAM’S RECOMMENDATIONS: Item 2. Gallery Staffing As per Committee's recommendation being: That Council holds a workshop with members of the Tweed River Art Gallery Advisory Committee and members of the Tweed River Art Gallery Foundation Board to discuss resourcing and capital programs of the Art Gallery.


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18 [SUB-TCC] Minutes of the Tweed Coastal Committee Meeting held Wednesday 9 December 2009

Venue:

Canvas & Kettle Meeting Room Time:

1.10pm Present:

Cr Barry Longland (Chair), Cr Katie Milne, Terry Kane (Cabarita Beach-Bogangar), Richard Hagley (Department of Environment, Climate Change & Water), Gary Thorpe (Hastings Point), Rhonda James (Restoration Industry), John Harbison (Mooball), David Cranwell (Pottsville), Jason Pearson (Kingscliff), Kay Bolton (Fingal Head), Jane Lofthouse, Sebastien Garcia-Cuenca (Tweed Shire Council).

INFORMAL: Cathey Philip (Minutes Secretary), Richard Collins, Andrew Kinsela (UNSW), Chris Ellis, Mike de Good.

Apologies: David McPherson (NSW Land & Property Management Authority), Lance Tarvey (Department of Environment, Climate Change & Water), Ian Rabbitts (Fingal Head), David Oxenham, Stewart Brawley, Mark Kingston, Tom Alletson (Tweed Shire Council).

Minutes of Previous Meeting: Moved: John Harbison Seconded: Cr Milne

RESOLVED that the Minutes of the Tweed Coastal Committee meeting held Wednesday 14 October 2009 be accepted as a true and accurate record of the proceedings of that meeting.

Business Arising: Item from Meeting held 14 October 2009 Ecological Health Investigations Coastal Creeks Brief in progress. Will now include issues and recommendations from acid sulfate soils research in Christies Creek. Item from Meeting held 14 October 2009 Hastings Point Signs Gary provided an update in the status of the project and advised that as the community consultation did not occur, some redesign of signs and location is required. Gary will further liaise with Tom. Item from Meeting held 14 October 2009 Cudgera Creek Ecological Assessment Jane advised that the study was now ready for the Committee's endorsement.


Moved: Gary Thorpe Seconded: Terry Kane

RESOLVED that the Cudgera Creek Ecological Assessment be accepted as final documentation.

Jane advised the Committee that Kerosene Inlet will be looked at for rehabilitation work as part of the Banora Point highway upgrade works. Item from Meeting held 14 October 2009 Vehicle Access Points Ambrose Brown Park is no longer an official emergency access point. David concerned it will be closed off. Jane responded that there was no reason to remove the access at this stage. Item from Meeting held 14 October 2009 Hastings Point Dune Disposal Jane referred to a report detailing groundwater monitoring at the Hastings Point dune disposal site. Noted that testing was undertaken several years ago and would benefit from more updated sampling. Next Meeting: Item to be placed on agenda for further discussion. Item from Meeting held 14 October 2009 Four Wheel Drives on Beaches Discussion on 4WD access to beaches. David tabled some newspaper articles on the issue. Item from Meeting held to 14 October 2009 Letitia Road Fingal Head Cr Milne enquired about the status of the working group set up to address the management issues on the extension of Letitia Road. Correspondence In: 1. University of Queensland - Scientific Research - Norries and Hastings Point Headlands Jane updated the Committee on a request from the University of Queensland seeking permission to undertake transplant experiments of the native daisy (Senecio pinnatifolius) starting in March 2010, at locations including Hastings Point Headland, Norries Headland, and Cabarita Beach. The research would require transplanting the native daisy (from seeds derived from the same region) into small parts of these areas and looking at their survival, growth and development. Jane to provide more detailed information to the local DuneCare groups.


2. NRCMA Coastal Grants Jane advised that funding is currently available to deliver small-scale coastal projects in the Northern Rivers CMA Region as part of the Australian Government Caring for our Country Engaging NSW communities in coastline conservation project. Expressions of Interest between the value of $5,000 and $20,000 are invited from coastal community organisations in partnership with coastal land managers for on-ground works and capacity-building activities that protect the conservation values of coastal ecosystems and environments in the region. 3. Creek Mouth Signage - Beach Safety Liaison Committee Terry updated the Committee on a recommendation from the Beach Safety Audit for additional safety signage at creek mouths to warn of outgoing tides. Part of the recommendation was that signage be placed at walking tracks and also some signs should be placed inside the creek mouths. At the last meeting of the Beach Safety Liaison Committee it was requested that the Tweed Coastal Committee provide funding to have signs placed. A discussion followed. Moved: Cr Longland Seconded: Jason Pearson

RESOLVED that the Tweed Coastal Committee endorses the erection of signs as per Tweed Shire Coastline Management Plan actions WC25 and HP15 (install appropriate warning signage) and that it be noted that the Tweed Coastal Committee does not provide funding for regulatory signs.

Moved: Cr Milne Seconded: Kay Bolton

RESOLVED that the following recommendation be made to Council.

RECOMMENDATION: That existing and additional signage on coastal foreshores be rationalised in accordance with Action WC30 (rationalise and standardise regulatory signage) of the Tweed Shire Coastline Management Plan.

—————————————

Correspondence Out: Nil.

—————————————


Agenda Items: 1. Acid Sulfate Soils Monitoring and Recommendations - Christies Creek Richard Collins and Andrew Kinsela, University of NSW, gave a presentation to the committee on acid sulfate soils monitoring of Christies Creek.

Kay Bolton attended meeting at 1.40pm Sebastien Garcia-Cuenca left the meeting at 1.45pm

Richard Collins & Andrew Kinsela left the meeting at 1.45pm

————————————— 2. Tweed Coast Book Presentation Chris Ellis and Mike de Good presented a book about the environment of the Tweed Coast that they are editing which extends the work done on "An Environmental Guide to the Tweed Coast". Chris and Mike are seeking funding and support so that they can print and distribute the book. The book would be an approximately 300 page B5 glossy format.

Mike de Good left the meeting at 1.50pm Cr Longland suggested that Chris and Mike make a submission to the Committee setting out a few options as to what is best for them. Moved: Gary Thorpe Seconded: John Harbison

RESOLVED that the Committee supports Chris and Mike in book development and production and consider funding available under the educational budget and further recommend it to Council to ascertain if any other funding available for this education book. A letter is to be forwarded to the authors expressing support of the project.

RECOMMENDATION: That Council:- 1. Provides in principle support for the development of the Tweed Coast book being

produced by Chris Ellis and Mike de Good. 2. Considers funding availability in its 2010/2011 budget to allow further

development of the book and associated materials.

————————————— 3. Kingscliff Foreshore Protection Works Jane provided an update advising that costs have risen significantly for the piled seawall project and various options were discussed. There is erosion on the northern side of the creek and the training wall has been outflanked. The concrete walkway has been undermined and removed. Temporary works have been taken to secure the area with major works to be undertaken in the new year.

—————————————


4. Tweed Coast DuneCare Coordinating Committee Jane provided a brief update from the meeting which was held on Thursday 3 December 2009. Minutes from the meeting will be circulated with the Tweed Coastal Committee minutes.

————————————— 5. NSW Coastal Conference A report on conference was presented by Crs Longland, Milne and Jane. Noted that the draft planning guidelines to address sea level rise adaptation were released at the conference. Full conference papers available on web site if members wish to obtain further information.

Cr Longland left the meeting at 3.25pm Cr Milne took over as Chair

—————————————

General Business: 1. Coastline Management Plan Review Terry asked for an update regarding the above. Jane advised that a review of the plan would be undertaken following a review of the coastal hazard lines to include NSW governments adopted sea level rise benchmarks.

————————————— 2. Coastal Fires John noted the concern in the community that fire trails in Cudgen Nature Reserve were not used/maintained allowing greater damage from wild fires. NPWS has fire plans in place. Gary noted that the fire in the SEPP26 buffer was controlled through back burning to reduce impact on the core area. He felt it was positive that the littoral rainforest was treated as an asset and protected as such.

————————————— 3. Hastings Point Dune Disposal Gary asked for an update regarding any further water quality monitoring.

————————————— 4. Letitia Spit Fire The fire has opened up areas and will be prone to increase 4WD activity. Cr Milne requested signs be erected on Letitia Spit about no 4WD off-road access.


5. Vandalism at Beach Car Parks Increased access by vehicles through burnt out areas. Jane to ask rangers to increase patrols in these areas. People want to park close to the beach while fishing to prevent theft from and vandalism to vehicles.

————————————— Next Meeting:

The next meeting of the Tweed Coastal Committee will be held Wednesday 10 February 2010.

The meeting closed at .3.50pm. EXECUTIVE MANAGEMENT TEAM’S COMMENTS: Creek Mouth Signage - Beach Safety Liaison Committee Nil. Tweed Coast Book Presentation Whilst well intended, the request from community members for Council to provide financial support for the publication of a book is unusual. It is suggested that at this stage the proponents have further discussion with Council officers in relation to estimates of costs and funding opportunities. EXECUTIVE MANAGEMENT TEAM’S RECOMMENDATIONS: Creek Mouth Signage - Beach Safety Liaison Committee As per Committee's recommendation being: That existing and additional signage on coastal foreshores be rationalised in accordance with Action WC30 (rationalise and standardise regulatory signage) of the Tweed Shire Coastline Management Plan. Tweed Coast Book Presentation That:- 1. Council provides in principle support for the development of the "Tweed Coast"

book being produced by Chris Ellis and Mike de Good detailing environmental aspects of the Tweed coastline.

2. Council officers and the proponents of the book hold further discussions in

relation to the cost and funding options with no obligation on Council to provide funding.


19 [SUB-CCDAC] Minutes of the Community Cultural Development Advisory Committee Meeting held Thursday 10 December 2009

Venue:

Coolamon Cultural Centre Time:

3.30pm Present:

Cr B Longland, Cr K Milne, Ms Lesley Buckley (Cultural Development Officer), Mr Max Boyd AM, Mr Ian Holston, Ms Judith Sutton, Ms Joan Daniels and Ms Diane Wilder

Apologies: Mr Gary Corbett (Manager Community and Cultural Services), Mr Michael Lill, Dr Glenda Nalder, Ms Barbara Carroll, Mr Phil Villiers.

Minutes of Previous Meeting: Moved: Judith Sutton Seconded: Max Boyd

RESOLVED that the Minutes of the Community Cultural Development Advisory Committee meeting held 5 November 2009 be accepted as a true and accurate record of the proceedings of that meeting. Carried unanimously

Business Arising: Agenda Items:

1. AUSTRALIA BUSINESS ARTS FOUNDATION - ABAF

Tweed Shire Council has recently undertaken to facilitate an Arts Connecting Communities AbaF program. The aim of the program is to foster business-arts relationships in the Tweed Shire. The ACC program is basically designed to:

• Assist arts and cultural organisations develop their skills in forming relationships with business

• Increase the involvement of business in arts and cultural ventures • Increase local council’s capacity to support arts-business ventures

The program is tailored for small-to-medium arts organisations, individual artists, a range of businesses and local Councils.


The Tweed Shire program has so far been facilitated via two main activities: 1. A planning session for Council officers and Business Chamber Representatives was held on

Friday 9 October at the Coolamon Cultural Centre. The meeting was attended by: Council staff: Lesley Buckley; Robin Spragg; Jenni Funari; Susi Muddiman; Jane Lofthouse; Petria Jukes; Cr. Barry Longlands and Cr. Warren Polglase (welcomed guest speakers and opened the meeting). Business Stakeholders included: Barbara Carroll, TVRS; Maggie Anne Leybourne, Tweed Business Chamber; Toni Zuschke, Murwillumbah Business Chamber; Mat Fleming, Hayes Toyota, Murwillumbah; Joanne Gurney, Tweed Tourism; Krystal Baker, TEDC

2. A two-day workshop, led by AbaF facilitators for local arts organisations on securing

partnerships with business was held on 4 and 5 November and the following is a list of participating organisations:

Outcome of the AbaF Program to date: (a) A 12-month Action Plan has been developed which highlights four key Goals and strategies for implementation, these are: Strategy 1: To build the capacity of local cultural organisations to develop partnerships with business Strategy 2: To advocate for arts-business partnerships in the Tweed Shire Council Strategy 3: To provide connecting opportunities for artists, arts organisations and business at Tweed Shire Council Strategy 4: To ensure information about the Arts Connecting Communities program is communicated to the arts, business and broader community of Tweed Shire CDO has began to refine the Action Plan and develop a communications strategy for a 12-month program

AbaF Workshop Attendance Wed 4 Nov Thurs 5 Nov Friends of Tweed River Art Gallery Josephine Nugent

Marilyn Haan Lyn Stewart

Josephine Nugent Marilyn Haan Lyn Stewart

Tweed River Art Gallery Foundation Max Boyd AM Max Boyd AM Caldera Regional Arts Inc

Andy Reimanis Greg Sweetnam

Greg Sweetnam

Escape Gallery Graeme Stevenson Graeme Stevenson Bob Stainlay

Tweed Valley Jazz Club

Joan Daniels Joan Daniels

Mur’bah Potters Ann Lee

Barbara Stewart

Kafe Fiesta Carol Collins Carol Collins Murwillumbah Theatre Company Robyn Crossan Robyn Crossan Women Artists of the Tweed Lesley Gail Gloria Roszciewicz Ukitopia Hamilton Barnett

Natacha Wernick Kalia Elenor Sapir

Natacha Wernick Kalia Elenor Sapir Sue McKenna

Unity Festival Kerry Turner Louise Togo

Kerry Turner Louise Togo

Waywood Framing and Gallery Sabine Pinon Sabine Pinon Tweed River Regional Museum Joanna Boileau Joanna Boileau Tweed River Regional Museum Ian Holston Ian Holston


(b) A Steering Committee has been convened to drive the above strategies outlined in the Action Plan. Committee members are: Joanne Gurney (Tweed Tourism); Maggie-Anne Lebybourne (Tweed Business Chamber); Toni Zuschke, Murwillumbah Business Chamber; Crystal Baker (TEDC); Barbara Carroll (TVRS), and Lesley Buckley (TSC CDO). (c) Each of the participating arts/cultural organisations has recently completed a Draft Business Case and these have been sent to AbaF for feedback. Feedback will then be provided to each of the organisations. (d) It is envisaged that the Steering Committee will officially launch the program in early 2010 and that members of the Committee will be responsible to advocate the program to their local business communities.

————————————— 2. AUDITORIA – BUSINESS PLAN

Business Plan Sam Muller, the Consultant engaged to develop the Tweed Auditoria Business Plan, has provided the first draft of the business plan. The plan has been developed in order to maximise the potential of the auditoria as performing arts destinations, as well as increase the income streams of both venues. The Draft Plan has been distributed to Committee for feedback and recommendations. Moved: Max Boyd Seconded: Ian Holston RECOMMENDATION:

That the Business Plan, when completed, contains a statement which reinforces that Tweed Shire Council places great importance on the provision of sporting and recreational amenities, and Council is equally committed to adding value to the cultural life of the region by providing assets that enable the delivery of high-quality arts and cultural facilities. Carried unanimously

Tweed Auditorium Refurbishment As part of TSC $550,000 Regional and Local Community Infrastructure Program bid, $152,500 has been allocated to the Tweed auditorium to address a number of critical refurbishment items which include:

1. Replacement of House Curtains, Stage Legs and Borders 2. Replacement of Sound System including Speakers and Foldback 3. Replacement of Lighting System and new spotlights 4. Install Centre Truss & Associated Works 5. Rewiring for spots, centre truss and dimmer racks 6. Front of House Refurbishment

Council is still awaiting a sign off from the Federal Government, and it is hoped that the proposed Auditorium plan will address the criteria of the grant. Advice from Council’s Economic and Corporate Planner, Mark Tickle is that Council will be advised late December or early New Year. When formal advice has been received from the Federal Government, an Action Plan will be developed and all work will need to be finalised by December 2010.

—————————————


General Business: 1. Cultural Development Officer Report 1. Living Libraries Project CDO is currently working with Joanne Carmody to facilitate the development of the Living Libraries program in the Tweed. The Living Libraries Program is a national program which was originally founded in Denmark by the Danish Youth Non-Government Organisation “Stop the Violence” as a means to increasing understanding between cultural groups. It has been taken up around the world and Lismore launched the first of its kind in Australia in November 2006. The success of the Lismore Living Library project led to funding by the Department of Immigration and Citizenship in 2007 to develop a National Living Library Strategy. The project’s goal is to strengthen community, democracy and social justice through: celebrating and promoting diversity, encouraging understanding and respect, breaking down barriers and building bridges, and challenging stereotypes and prejudices. An Information and Orientation Session was facilitated by the CDO on Friday 20 November at the Coolamon Cultural Centre with special guest speaker, Lucy Kingsley, Lismore’s Head Librarian and the originator of the National Program providing an excellent presentation on how the program works. Approximately 20 people attended the meeting. This was followed by the first Living Library day at the Coolamon Cultural Centre on Friday 27 November in which 10 Living Books were on loan. The session was highly successful and we look forward to ongoing monthly programs. 2. Public Art 2.1 CDO was recently invited by Arts Northern Rivers to present an overview of TSC Public Art Policy and process for selecting and implementing public art at the Arts Northern Rivers Regional Forum on Public Art Policy. The meeting was held in Ballina on the 2 November and was attended by representatives of each of the 7 local government agencies in our region. Tweed Council and Ballina Council are the only Council’s in the NR region that have formally adopted a policy for Public Art. 2.2 TSC Public Art Advisory Committee have recently approved a concept proposal for Stokers Siding. The proposal, Gathering Places was put to Council by Ms. Carmen Stewart and is a community based project that aims to work with local school students and young people of the village to paint six power poles located between the General Store and the School and the besser brick bus shelter located opposite the Stokers Siding Pottery. 2.2 Council’s Landscape Architect, Ian Bentley has requested a meeting with the Public Art Advisory Committee to discuss Public Art inclusion in the Cabarita Streetscape upgrade and associated art works to go in the project. A budget of $25,000 has been allocated.


A meeting had been convened for Thursday 17 December to brainstorm ideas for the Brief. Moved: Max Boyd Seconded: Diane Wilder RECOMMENDATION:

That Council consider a program of mural creation on public toilets depicting flora and fauna of the Tweed to overcome the problem of graffiti both indoor and outdoor. Carried unanimously

3. Heritage Migration Project CDO is currently working with Kathryn King, Acting Senior Museum Curator and Lesley Mye on a Heritage Migration Project. The Project is a partnership project with the NSW Migration Heritage Centre and the Powerhouse Museum. The project aims to explore through community engagement and archival, photographic, and oral history sources, the relationship of Sikh and South Sea Islander people to the Banana and Sugar industries, and explore how these industries shaped the cultural lives of these migrant communities. All project outcomes from this research will be branded Tweed River Regional Museum, Powerhouse Museum and NSW Migration Heritage Centre and the copyright will be held jointly. The NSW Migration Heritage Centre’s funds will be used for research and to produce five to ten oral testimonies which will be filmed and edited as a DVD. The film will be shot by local film maker, Magali McDuffie and be in a similar format to the DVD Families of Fortune: Chinese People in The Tweed with a total running time of approximately 30 mins. The project will be managed via the following staffing:

• Project Director: Kathryn King, Acting Senior Museum Curator – oversee and supervise content and budget

• Project Manager: Lesley Buckley, Cultural Development Officer and Lesley Mye, Aboriginal Liaison Officer – cover community consultation and day to day operations of the project

Creative Management

• Project Historian: Mary Lee Connery • Oral History Transcriber: Brian O’Keefe • Documentary Filmmaker: Magali McDuffie

When complete Tweed River Regional Museum will provide the Centre with the footage and permissions for it to have the filmed interviews featured in a web exhibition branded with all the partners. The Tweed River Regional Museum will contribute to the project budget in 2011 and present the DVD and South Sea Islander and Sikh objects in a small exhibition with education content in 2011. The NSW Migration Heritage Centre has the option to produce and host this as a web exhibition for cross-linking between the Migration Heritage Centre and Tweed River Regional Museum websites. The project will be developed during the first half of 2010 and will be completed by end of June 2010


4. In touch – 50 women Artists of the region’s Caldera Currently working with Lesley Gail and Gloria Rosciewicz on the development of a wonderful new publication on the Tweed’s female artists. A meeting was convened at the Coolamon Cultural Centre on the 24 November to brief those women wanting to contribute to the publication. Approximately 40 women attended the session. Tweed Shire Council has provided Seed Funding for the project and will continue to support the on-going development of the project. 5. Correspondence Received a. General Manager, NORPA NORPA GM, Delia O’Hara has requested a partnership with TSC to produce a new work titled Engine, ( written by Janice Balodis and to be directed by NORPA Artistic Director Julian Louis) The project has a very strong community engagement element as it will engage directly with local teenagers who will be recruited from each city in which the production will be presented, enabling them to have input into, and experience of the actual production process by performing in the show as chorus members. Prior to each season local drama students will rehearse to be integrated into the show. This will commence with a workshop led by Julian Louis and be continued by the local drama using specially created rehearsal packs containing visual and print resources. Potential dates for Tweed Civic Centre are week commencing 16 August 2010 with the potential for up to four performances NORPA seek financial support from TSC to cover the direct costs of cast, crew, transport and accommodation. Proposed cost is $6,934 NORPA will cover additional costs of venue and equipment hire, marketing, box office and front of house. The production will be premiering in August 2010 with confirmed seasons in Lismore and La Boite theatre in Brisbane. CDO to meet with Delia Monday 14 December to further discuss. b. Submission from Murwillumbah Theatre Company Robyn Crossan sent follow-up correspondence from CCDAC Committee meeting held on September 3. Robyn outlines the difficulties that the company will have in line with the increased Auditorium hiring costs. MCCS replied to the letter advising that a Business Plan was currently being developed and when finalised TSC will seek a meeting with Company representatives to further discuss.


c. Positive Solutions Positive solutions have been engaged by Arts NSW to conduct a state-wide audit of existing publicly owned cultural facilities to assist in the planning and development of relevant and appropriate facilities and facilitate coordination between sectors. The Audit will inform Arts NSW future investment in regional infrastructure and result in a state-wide map of cultural facilities to be published on the Arts NSW website. Facilities to be included in the audit include performing arts centres, regional galleries and museums, libraries and community halls that accommodate professional arts presentation or exhibition. CDO currently coordinating input. 5. IMACO conference in Bangkok Following the work undertaken by the CDO in South Korea in 2008 Lesley was invited by International Mask Art and Cultural Organisation (IMACO) to attend the IMACO four-day International Conference on Mask Culture and Intangible Cultural Heritage in Bangkok Thailand in November. Lesley also assisted in organising the inclusion of Aboriginal Anthropologist Michael Aird. The trip was highly successful and has been very productive in terms of future collaboration with Korea, Indonesia and Thailand.

Cr Longland advised that the representative on the Arts Northern Rivers Board will now be Mayor

Warren Polglase.

————————————— 2. Aboriginal Liaison Officer Report

• MOU is on hold until further consultation has been completed and a progress report will be tabled the Feb 2010 Aboriginal Advisory Committee meeting

• The heritage Migration Project is being developed with Museum and Cultural Development staff – the Sikh community and the South Sea Islander community telling their stories about the cane and banana industries and cultural connections

• Draft TSC Cultural Heritage Information for Council’s web site (Interim DA Process) – following meetings the text for the website will be tabled at the Feb 2010 AAC meeting

• Aboriginal Engagement Protocols & Cultural Policy for Festivals and Events – future meeting with Cultural Development Officer, Festivals and Events Officer and Cr Holdom has been scheduled to produce a draft document to be tabled at a future AAC meeting

• Kings Forest and The Rise Estates. I will be facilitating a future meeting to discuss a partnership with the developers and the local Aboriginal Community –

• A bid for the NSW Local Government Aboriginal Network Conference will be developed – on going meetings to format a presentation for next years conference bidding for 2012

• Nominations for to be considered the IPPP Sub Committee to work with the Public Art Committee re: Southern Fingal Boat Harbour

• Bundjalung Elders Council celebration 20 years (ALO and Councillor Holdom attended) • The Catch’N’Cook 5-day fishing program for youth aged between 14 to 18 years will run from

Monday 4 until Friday 8 January 2010 • ALO recently attended a function for Aunty Sue Follent from Bugalwena Aboriginal Health

Service on the occasion of her retirement after 28 years of community work. • The recent Unity Festival in Murwillumbah was highly successful.


Discussion was held about the success and value of the Unity Festival to the community and the organisers will be invited to attend a future meeting of this Committee. The Committee requested that Lesley Mye approach the Aboriginal Advisory Committee to provide the appropriate wording for an Acknowledgement to Country to be used at official functions by representatives of Council.

—————————————

Next Meeting:

The next meeting of the Community Cultural Development Advisory Committee will be held 4 February 2009.

The meeting closed at 5.45pm. EXECUTIVE MANAGEMENT TEAM’S COMMENTS: Item 2 - Auditoria - Business Plan Nil General Business Item 2 - Public Art Nil EXECUTIVE MANAGEMENT TEAM’S RECOMMENDATIONS: Item 2 - Auditoria - Business Plan As per the committee's recommendation being:- That the Business Plan, when completed, contains a statement which reinforces that Tweed Shire Council places great importance on the provision of sporting and recreational amenities, and Council is equally committed to adding value to the cultural life of the region by providing assets that enable the delivery of high-quality arts and cultural facilities. General Business Item 2 - Public Art That the proposal to consider a program of mural creation on public toilets depicting flora and fauna of the Tweed to overcome the problem of graffiti both indoor and outdoor be referred to the Manager Recreation Services for assessment and report to Council.


20 [SUB-LTC] Minutes of the Local Traffic Committee Meeting held Thursday 17 December 2009

VENUE:

Mt Warning Meeting Room

TIME: Commencing at 9.00am Committee Members: Cr Barry Longland, Mr Mike Baldwin, Roads and Traffic Authority, Snr Constable Paul Henderson, NSW Police, Mr Col Brooks on behalf of Mr Thomas George MP, Member for Lismore, Mr Rod Bates on behalf of Mr Geoff Provest MP, Member for Tweed. Informal: Mr John Zawadzki (Chairman), Mr Ray Clark, Ms Sandra Zietlow (Minutes Secretary).

APOLOGIES: Mr Danny Rose, Mr Paul Brouwer.

CONFIRMATION OF MINUTES OF PREVIOUS MEETING RESOLVED that the Minutes of the Local Traffic Committee Meeting held 26 November 2009 be adopted as a true and accurate record of proceedings of that meeting.

SCHEDULE OF OUTSTANDING RESOLUTIONS LTC - Schedule of Outstanding Resolutions 17 December 2009 From Meeting held 26 November 2009 1. [LTC] Eyles Avenue, Murwillumbah ORIGIN: Planning & Infrastructure FILE NO: ECM 3999809; Traffic - Committee; School Zones; Parking Zones; Safety;

Eyles Avenue; Schools - Murwillumbah Public SUMMARY OF REPORT: From Meeting held 27/8/09 (Item B1) Concern has been raised with cars parking in Eyles Avenue on the school side. "These vehicles are causing problems for buses accessing the School Bus Zone. Could 'No Parking' at School finishing times be implemented here?" Council officers will investigate this site and report to the meeting.


COMMITTEE ADVICE:

That:- 1. Council officers discuss with the School representatives the possibility of

extending the 'No Parking' zone on the eastern side of Eyles Avenue to the intersection with Prince Street.

2. This item be placed on the Schedule of Outstanding Resolutions.

Current Status: That Item B1 from Local Traffic Committee meeting held 27 August 2009 and 24 September 2009 remain on the list of Outstanding Resolutions.

Current Status: That Item B1 from Local Traffic Committee meeting held 26 November

2009 remain on the list of Outstanding Resolutions. Current Status: That Item B1 from Local Traffic Committee meeting held 17 December

2009 remain on the list of Outstanding Resolutions.

————————————— 3. [LTC] Kennedy Drive, Tweed Heads West ORIGIN: Planning & Infrastructure FILE NO: ECM 3948168; Traffic - Committee; Kennedy Drive, Tweed Heads; Kennedy

Drive - Tweed Heads West; Norman Street; Parking - Zones; Traffic - Lights; Traffic - Roundabouts; Boat Ramps

SUMMARY OF REPORT: From Meeting held 27/8/09 (Item B7) Concern received in relation to increasing traffic problems along Kennedy Drive. "In particular the intersection of Norman Street and Kennedy Drive causes local residents a great deal of frustration which is worsened by parking of boats and boat trailers using the boat ramp located on the opposite side of the road. ….. Norman Street is one of the few streets where right hand turns are permitted and this also contributes to traffic problems. He has suggested that either a roundabout or traffic lights are needed to facilitate turning into and out of Norman Street." The Norman Street/Kennedy Drive intersection has been the subject of community concern for a number of years.


A concept design for a roundabout has been previously completed by Council officers and unfortunately there is insufficient room within the road reserve to install a small roundabout. The installation of traffic signals would not meet the warrants of the Roads and Traffic Authority of NSW guidelines. Another alternative is to provide a narrow central median on Kennedy Drive which would prevent right turns from both the boat ramp area and Norman Street into Kennedy Drive. This is very undesirable as it would inconvenience many motorists and encourage possibly less safe "U" turns to be made on Kennedy Drive away from the intersection. Council officers will advise the Committee of the accident history of this intersection. Council officers advised that of seven accidents from 2005 to 2008, four of them were right rear crashes. The right turns were from Kennedy Drive into Norman Street. Council officers suggested that a right turn lane be further investigated with a view for reducing this type of crash. COMMITTEE ADVICE:

That:- 1. Council officers further investigate the possibility of a right turn lane on

Kennedy Drive into Norman Street. 2. That this item be listed on the Schedule of Outstanding Resolutions.

Current Status: That Item B7 from Local Traffic Committee meeting held 27 August

2009 and 24 September 2009 remain on the list of Outstanding Resolutions.

Current Status: That Item B7 from Local Traffic Committee meeting held 26 November

2009 remain on the list of Outstanding Resolutions. Current Status: That Item B7 from Local Traffic Committee meeting held 17 December

2009 remain on the list of Outstanding Resolutions.

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4. [LTC] Tomewin Road, Dungay ORIGIN: Planning & Infrastructure FILE NO: ECM 3948848; Traffic - Committee; Speed Zones; Tomewin Road; Dungay

Creek Road SUMMARY OF REPORT: From Meeting held 27/8/09 (Item B9) At the Local Traffic Committee meeting on 25 June 2009 the Police Representative requested that a speed limit review of Tomewin Road, north of Dungay Creek Road be undertaken with a view to adopting a fixed speed zone along this road. Tomewin Road north of Dungay Creek Road is currently signposted as derestricted speed limit however its alignment inhibits speeds greater than about 70 km/hr. Council's traffic data shows the following counts for Tomewin Road (at the tick gates - May 2008):- 756 vehicles per day with an 85th percentile speed of 58 km/hr. It is suggested that the Roads and Traffic Authority of NSW conducts a speed limit review of Tomewin Road north of Dungay Creek Road. Accident statistics for the 5 year period from July 2003 to June 2008 show 18 crashes on Tomewin Road with 14 of those being off path on curve, 16 were single vehicle and 4 of the crashes were motorcyclists, with 1 motorcyclist being a fatality. COMMITTEE ADVICE:

That the Roads and Traffic Authority of NSW be requested to conduct a speed limit review of Tomewin Road north of Dungay Creek Road. Current Status: That Item B9 from Local Traffic Committee meeting held 24

September 2009 remain on the list of Outstanding Resolutions. Current Status: That Item B9 from Local Traffic Committee meeting held 26

November 2009 remain on the list of Outstanding Resolutions. Current Status: That Item B9 from Local Traffic Committee meeting held 17

December 2009 remain on the list of Outstanding Resolutions.

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BUSINESS ARISING Nil. A. FORMAL ITEMS SECTION DELEGATIONS FOR REGULATORY DEVICES A1 [LTC] Murwillumbah and Tweed Visitor Information Centres - Parking ORIGIN: Planning & Infrastructure FILE NO: ECM 9629516; Traffic - Committee; Traffic - Parking Zones; Tourist Info

Centre - M'bah; Tweed Heads SUMMARY OF REPORT: Request received for changes to the parking at the Murwillumbah and Tweed Heads Visitor Information Centres. 1. Murwillumbah

"There are three car spaces at the rear of the building and adjacent to the Riverview Hotel that were previously marked and signed as car spaces for National Parks and Wildlife Parks staff. We request that these spaces be reserved and signed to that effect for Tweed Tourism Staff parking. Our staff, especially during times when the hotel is busy have trouble parking and exiting the car park, as the patrons at the hotel tend to take over the area. We envisage that this may allay some of the problems our staff are encountering."

This land is Council owned and classified Operational land. The installation of "Tweed Tourism staff Only" parking signage is considered inappropriate as it is unenforceable. It is therefore not recommended. Alternative solutions could be as follows:- • For the property owner to install signage and bollards prohibiting all public access to

the car park, or • Implementing a permit parking scheme that is appropriately sign posted. 2. Tweed Heads

"The parking that runs along Bay St, east from Wharf St and along the front of the Visitor Information Centre is currently timed 2 hour parking. We have received feed back from visitors into our new centre commenting that it is difficult to find a car park close to the centre. We believe that if the parking time was amended to 15 minutes this would free up the street parking to allow visitors easy access into the Information Centre. It would only be for the section from the corner to the car park entrance on the southern side of Jack Evans Boat Harbour."


Two hour parking on CBD streets is preferred to cater for all users and to minimise traffic movements. It is not recommended that 15 minute parking be installed on Bay Street. However immediately to the east of the Visitor Information Centre is the off road car park located within Chris Cunningham Park. Three of these spaces closest to the Information Centre could be designated as 15 minute parking. This car park is considered a road related area and the Committee's approval is required for the installation of time limited parking. RECOMMENDATION TO COMMITTEE

That:- 1. 15 minute parking signage (8.30am to 5.30pm Monday to Friday and 8.30am to

12.00pm Saturday) be installed within the Chris Cunningham Car Park off Bay Street nearest to the Visitor Information Centre for the first three 90° parking bays.

2. No action be taken in relation to the provision of "Tweed Tourism Staff Only"

parking spaces within the Murwillumbah Visitor Information Centre grounds. RECOMMENDATION TO COUNCIL:

That:- 1. No action be taken in relation to the provision of "Tweed Tourism Staff Only"

parking spaces within the Murwillumbah Visitor Information Centre grounds. 2. 15 minute parking signage (9.00am to 5.00pm Monday to Friday and 9.00am

to 12.00pm Saturday) be installed in Bay Street (northside) for the first three parallel parking spaces from the Wharf Street intersection.

FOR VOTE - Councillor Barry Longland, Snr Constable Paul Henderson, Mike Baldwin, Rod Bates, Col Brooks

—————————————


A2 [LTC] Wharf Street, Tweed Heads ORIGIN: Planning & Infrastructure FILE NO: ECM 8884420; Traffic - Committee; Parking Zones; Loading Zones; Wharf

Street, Tweed Heads SUMMARY OF REPORT: Request received for additional loading zones throughout Wharf Street, Tweed Heads.

"My husband and I have a Parcel Contract through Australia Post. As Christmas nears and as the traffic in Tweed increase and a decrease in parking in certain areas in Wharf Street we are having difficulty in parking and delivering parcels to businesses along Wharf St. As many of the couriers, we don't stay in the loading zones for long. It is just a quick park, deliver and leave process. So the loading zones could be shared amongst many couriers."

Loading zones are requested at:- • 35 - 53 Wharf Street • 71 - 73 Wharf Street • 36 - 56 Wharf Street In relation to the 35 - 53 Wharf Street location, a loading zone was considered by the Committee replacing a dedicated taxi space in this area at a previous meeting. This was not supported by local taxi operators. A business hours loading zone shared by nearby businesses is considered desirable in this vicinity and should be installed at the beginning of Empire Lane adjacent to the bicycle shop. In relation to the other two locations being 71 - 73 and 36 - 56 Wharf Street, Council officers will inspect these locations on site and report to the meeting. The existing parking at these locations is angle parking. RECOMMENDATION TO COMMITTE

That:- 1. Loading zone signage (8.30am to 5.30pm Monday to Friday and 8.30am to

12.00pm Saturday) be installed for the first marked parking bay on Empire Lane nearest to Wharf Street.

2. No action be taken in relation to the provision of Loading Zones at 71 - 73

Wharf Street and 36 - 56 Wharf Street.


RECOMMENDATION TO COUNCIL

That:- 1. Loading zone signage (9.00am to 5.00pm Monday to Friday and 9.00am to

12.00pm Saturday) be installed for the first marked parking bay on Empire Lane nearest to Wharf Street.

2. No action be taken in relation to the provision of Loading Zones at 71 - 73

Wharf Street and 36 - 56 Wharf Street.

FOR VOTE - Councillor Barry Longland, Snr Constable Paul Henderson, Mike Baldwin, Rod Bates PRESENT. DID NOT VOTE - Col Brooks

————————————— A3 [LTC] Kingscliff Central ORIGIN: Planning & Infrastructure FILE NO: 7611986; 6886378; Traffic - Committee; Traffic - Parking zones; Pearl Street SUMMARY OF REPORT: This item was moved from Section A3 to Section B3 at the request of the Roads & Traffic Authority of NSW Representative - please refer to Item B3 for a decision on this matter.

—————————————


B. INFORMAL ITEMS SECTION GENERAL TRAFFIC ADVICE B1 [LTC] Midginbil Road, Uki ORIGIN: Planning & Infrastructure FILE NO: ECM9513582; Midginbil Road; Traffic - Committee; Speed Zones; Pedestrian

Safety; Directional Signs; School Zones; - Traffic - Safety SUMMARY OF REPORT: Request received for reconsideration of reducing the speed limit on Midginbil Road to 60km/hr or 70km/hr, Uki. The length of road is located in a rural area and is 3.1kms long. There are 21 driveways and average daily traffic is 117 vehicles per day. There is no kerb and channelling or footpaths and no street lighting. There is a school bus shelter near the intersection of Doon Doon Road with school bus advisory signs on the approaches. There is no speed limit designated for this road and Council's accident database shows no recorded crash history for Midginbil Road. The Committee discussed the safety issues of children walking along Midginbil Road and considered this to be undesirable. COMMITTEE ADVICE:

That this matter be referred to the Roads and Traffic Authority of NSW for a speed zone review on Midginbil Road.

FOR VOTE - Councillor Barry Longland, Snr Constable Paul Henderson, Mike Baldwin, Col Brooks PRESENT. DID NOT VOTE - Rod Bates

—————————————


B2 [LTC] Tweed Coast Road, Kingscliff ORIGIN: Planning & Infrastructure FILE NO: ECM 9692781; Tweed Coast Road, Monarch Drive, Kingscliff; Pedestrian -

Crossings; Traffic - Safety SUMMARY OF REPORT: Request received in relation to people crossing Tweed Coast Road behind Noble Lakeside Estate off Monarch Drive, Kingscliff to reach the bus stop opposite where it is reported that the elderly feel very vulnerable. Council's traffic count data indicates that on the week ending 19 November 2008, the daily traffic near this location was 11,508 vehicles. The maximum peak hour vehicle count (Tuesday 8.00am - 9.00am) was 1,338 vehicles per hour. Pedestrian volumes are less than 12 pedestrians per hour within 100 metres of the requested location which provides a product of pedestrians per hour and vehicles per hour of less than 16,056. The 85th percentile speed was 85km/h. Council's accident database shows no pedestrian related crash history at this location. Sight distance at the location is good with more than 200m sight distance in each direction. The requirements for the installation of a pedestrian crossing under Roads and Traffic Authority NSW guidelines would not be met as insufficient pedestrians cross at this location and that pedestrian crossings must not be installed where the 85th percentile speeds exceed 75km/h. The Committee member advised that a survey should be undertaken internally of the Noble Lakes Park with a view to establish the demand for public transport services. Should the demand be sufficient, then representation will be made to the Bus Operator for the provision of a bus service to the site. The Committee considered that any pedestrian crossing of Tweed Coast Road is a significant safety issue at this location and should be discouraged. Surfside Bus lines have been contacted in this regard and advised that they do not have a nominated bus stop on Tweed Coast Road at this location. COMMITTEE ADVICE:

That Council officers investigate development conditions of the Noble Lake Park Estate in relation to pedestrian movements from the estate onto Tweed Coast Road.


—————————————


B3 [LTC] Kingscliff Central ORIGIN: Planning & Infrastructure FILE NO: 7611986; 6886378; Traffic - Committee; Traffic - Parking zones; Pearl Street SUMMARY OF REPORT: From meeting held 29 October 2009 Requests received for 10 minute or 30 minute parking at Kingscliff Central Business District, 11 - 13 Pearl Street, Kingscliff as follows:-

"I as a local resident would like to see the area outside the bank be a 10min or 30min parking spot so that you're almost guaranteed a spot any day of the week." "I request two parking spaces be provided for the purpose of customer's banking needs.

I have observed other office workers and tenants parking in front of Kingscliff Central all day. This has resulted in regular customer complaints, especially the elderly and business customers."

Council officers have inspected the site and confirmed that there is a high demand for parking in this area. The request for time limited parking may assist the local businesses. Council officers will investigate this matter further and report to the meeting. It was suggested that Council officers investigate two hour parking in consultation with the business owners. Discussions with adjacent business owners show that there are conflicting demands on parking requirements for this stretch of Pearl Street. Some businesses would benefit from time limited parking whilst others consider it detrimental to staff parking. The Committee considered that a general study of Carparking demands within Kingscliff CBD should be undertaken to determine the most optimum equitable solution for parking in the area. This item was moved from Section A3 to Section B3 at the request of the Roads & Traffic Authority of NSW Representative - please refer to Item B3 for a decision on this matter. COMMITTEE ADVICE

That:- 1. No action be taken at the present time until further information regarding

parking in Kingscliff generally has been provided to the Committee.


2. Council consider undertaking a general parking study for the Kingscliff CBD area.


————————————— NEXT MEETING: The next meeting of the Local Traffic Committee will be held in February 2010 in the Mt Warning Meeting Room commencing at 9.00am. There being no further business the Meeting terminated at 10.30am. COMMENTS - EXECUTIVE MANAGEMENT TEAM: Nil. RECOMMENDATIONS - EXECUTIVE MANAGEMENT TEAM: As per committee's recommendations: A1 [LTC] Murwillumbah and Tweed Visitor Information Centres - Parking

That:- 1. No action be taken in relation to the provision of "Tweed Tourism Staff

Only" parking spaces within the Murwillumbah Visitor Information Centre grounds.

2. 15 minute parking signage (9.00am to 5.00pm Monday to Friday and

9.00am to 12.00pm Saturday) be installed in Bay Street (northside) for the first three parallel parking spaces from the Wharf Street intersection.

—————————————

A2 [LTC] Wharf Street, Tweed Heads

That:- 1. Loading zone signage (9.00am to 5.00pm Monday to Friday and 9.00am

to 12.00pm Saturday) be installed for the first marked parking bay on Empire Lane nearest to Wharf Street.

2. No action be taken in relation to the provision of Loading Zones at 71 -

73 Wharf Street and 36 - 56 Wharf Street.


21 [SUBCOM] Minutes of Sub-Committees and Working Groups Circulated for Councillor's Information

1. Minutes of the Sports Advisory Committee Meeting held Thursday 2 November 2009 2. Minutes of the Beach Safety Liaison Committee Meeting held Wednesday 11

November 2009 3. Minutes of the Tweed River Regional Museum Advisory Committee Meeting held

Thursday 12 November 2009 4. Minutes of the Tweed River Committee Meeting held Wednesday 9 December 2009


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ORDERS OF THE DAY

22 [NOM-Cr K Milne] Low Cost Housing NOTICE OF MOTION: Councillor K Milne moves that Council brings forward a report on developing a low cost housing strategy in light of the Tweed’s housing crisis.

23 [NOM-Cr K Milne] Community Consultation for Kings Forest and Cobaki NOTICE OF MOTION: Council requests the State Government carry out adequate and appropriate community consultation and engagement for the Cobaki Lakes, Kings Forest, Bilambil Rise and Bilambil Rd developments, at least as comprehensive as that outlined in the NSW Planning Guidelines for Community Consultation which states that: “The Minister for Planning may appoint a panel of experts to provide independent advice for projects with a high level of public interest or projects with outstanding technical issues. The panel usually holds public hearings so that it can be informed first hand on the community issues. This provides an additional opportunity for the community to provide information and for their views to be considered in the assessment process”. UNDER SEPARATE COVER 1. Guidelines for Major Project Community Consultation (ECM 11322745)

24 [NOM-Cr K Milne] Sustainability Officer for Greenfield sites NOTICE OF MOTION: Councillor K Milne moves that Council brings forward a report on the possibility of employing/ contracting a specialised sustainability officer/ consultant to assist in the planning and assessment of Greenfield sites.


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CONFIDENTIAL ITEMS FOR CONSIDERATION

REPORTS THROUGH GENERAL MANAGER IN COMMITTEE

REPORTS FROM THE DIRECTOR ENGINEERING AND OPERATIONS IN COMMITTEE

1 [EO-CM] Joint Purchase of Border Park Raceway REASON FOR CONFIDENTIALITY:

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

(d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret

2 [EO-CM] Operations Options REASON FOR CONFIDENTIALITY:

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

(d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret

3 [EO-CM] Acquisition of Land for Road Purposes - Palmvale Road, Palmvale REASON FOR CONFIDENTIALITY:

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

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business


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Council Agenda - 19 January 2010 - Tweed Shire...Council Meeting held Tuesday 19 January 2010 Page 2...

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