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NOTICE of SPECIAL MEETING To NOTICE OF SPECIAL MEETING To: Mayor Bill Spragg Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kirrilee Boyd Councillor John Kemp Mt Lofty Councillor Nathan Daniell Councillor Val Hall Councillor Andrew Stratford Onkaparinga Valley Councillor Lynton Vonow Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann Notice is hereby given pursuant to the provisions under Section 82 of the Local Government Act 1999 that a Special meeting of the Council will be held on: Tuesday 14 November 2017 6.00pm 63 Mt Barker Road Stirling Business of the meeting: 1.1. Buffers Policy 1.2. Code of Practice for Access to Council Committee and Designated Informal Gathering Meetings and Documents 1.3. Management of Built Heritage Policy 1.4. Order Making Policy 1.5. Draft Enforcement Policy 1.6. Review of Advisory Groups A copy of the Agenda for this meeting is supplied under Section 83 of the Act. Meetings of the Council are open to the public and members of the community are welcome to attend. Public notice of the Agenda for this meeting is supplied under Section 84 of the Act. Andrew Aitken Chief Executive Officer AGENDA FOR SPECIAL MEETING Tuesday 14 November 2017 6.00pm 63 Mt Barker Road Stirling ORDER OF BUSINESS Council Vision Nurturing our unique place and people Council Mission Delivering activities and services which build a resilient community, sustain our built and natural environment and promote a vibrant economy 1. COMMENCEMENT 2. OPENING STATEMENT “Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land. We understand that we do not inherit the land from our ancestors but borrow it from our children and in this context the decisions we make should be guided by the principle that nothing we do should decrease our children’s ability to live on this land.” 3. APOLOGIES/LEAVE OF ABSENCE 3.1. Apology 3.2. Leave of Absence 3.3. Absent 4. DECLARATION OF INTEREST BY MEMBERS OF COUNCIL 5. BUSINESS OF THE MEETING 5.1. Buffers Policy Council resolves: 1. That the report be received and noted 2. With an effective date of 28 November 2017, to revoke the Buffers Policy adopted on 9 December 2014 and to adopt the Buffers Policy, as contained in Appendix 1. 5.2. Code of Practice for Access to Council Committee and Designated Informal Gathering Meetings and Documents Council resolves: 1. That the report be received and noted. 2. With an effective date of 28 November 2017, to revoke the 13 October 2015 Code of Practice for Access to Council, Council Committee and Designated Informal Gathering Meetings & Documents and to adopt the revised Code of Practice for Access to Council, Council Committee and Designated Informal Gathering Meetings & Documents in Appendix 1 5.3. Management of Built Heritage Policy Council resolves: 1. That the report be received and noted 2. With an effective date of 28 November 2017, to revoke the Management of Built Heritage Policy adopted on 12 April 2016 and to adopt the Management of Built Heritage Policy, as contained in Appendix 1. 5.4. Order Making Policy Council resolves: 1. That the report be received and noted 2. That the proposed changes to the Order Making Policy are considered minor for the purposes of S295(5) of the Local Government Act 1999 and public consultation is not considered necessary. 3. With an effective date of 28 November 2017, to revoke the Order Making Policy adopted on 26 August 2014 and to adopt the Order Making Policy, as contained in Appendix 1. 5.5. Draft Enforcement Policy Council resolves: 1. That the report be received and noted 2. To approve the draft Enforcement Policy at Appendix 1 for public consultation in accordance with the provisions of Council’s Public Consultation Policy 3. That the CEO be authorised to make any formatting, nomenclature or other minor changes to the policy prior to being released for public consultation. 5.6. Review of Advisory Groups Council resolves: 1. That the report be received and noted 2. To cease the Hills Voice Reference Panel 3. To consider its preferred position with respect to the membership of Council Members on Advisory Groups 4. That the Chief Executive Officer prepares revised Advisory Group Terms of Reference for the Council’s consideration at a future meeting consistent with the Council’s resolution on membership and associated arrangements. 6. CLOSE SPECIAL COUNCIL MEETING ADELAIDE HILLS COUNCIL SPECIAL COUNCIL MEETING Tuesday 14 November 2017 AGENDA BUSINESS ITEM Item: 5.1 Originating Officer: Mike Flehr, Senior Strategic & Policy Planner Responsible Director: Deryn Atkinson, Director Strategy & Development Subject: Buffers Policy For: Decision SUMMARY Council reviewed the Buffers Policy last on 9 December 2014. The revised Policy remains largely unchanged in terms of content until the anticipated review on this topic being conducted by the Australian Pesticides and Veterinary Medicines Authority (APVMA) is completed. The APVMA review has been delayed due to the relocation of the Authority from Canberra to Armidale, NSW. This policy review has made a number of editorial and format changes to improve clarity, and updated the names and contact details of relevant organisations. RECOMMENDATION Council resolves: 1. That the report be received and noted 2. With an effective date of 28 November 2017, to revoke the Buffers Policy adopted on 9 December 2014 and to adopt the Buffers Policy, as contained in Appendix 1. 1. GOVERNANCE Strategic Management Plan/Council Policy Goal 1 PROSPER: People and business prosper Strategy 1.2 Achieving Pest Free areas and status 1.5 We recognise that small and microbusiness is the backbone of our regional economy and will work with stakeholders to make it easier to do business in the Hills. 1.8 We will amend the Development Plan to make farming in the Hills easier. Page 1 Adelaide Hills Council – Special Council Meeting 14 November 2017 Buffers Policy Agriculture is one of the Adelaide Hills’ key economic areas. Managing farm interactions with other land uses and with other farm activities is a critical aspect of Council’s development assessment role. Legal Implications This Policy functions as an internal reference which establishes guidance on an essential aspect of farming business, rural land management and rural development assessment conducted under the Development Act, 1993.. Note: The implementation of the Planning, Development and Infrastructure Act 2016 and the outcomes of the APVMA Review is likely to change some aspects of this Policy. At present development applications continue to be assessed under the Development Act 1993 until further notice. Risk Management Implications It is important to have a well-considered policy in place to ensure development assessment decisions in relation to primary production/rural land management proposals consider the interaction between farm activities and surrounding farm and non-farm activities and, that decisions are made in a fair and consistent manner. The Policy should ensure that stakeholders are aware of the rationale for the Council’s likely support (or otherwise) for particular types of applications being conditional upon a requirement to install vegetated buffers to mitigate impacts of spray drift and dust generation. The updated Policy will assist in mitigating the following risk: Land Use conflicts between agricultural production types with incompatible spray regimes, chemical use, management practices, etc, and between agricultural production and non-agricultural land uses which are sensitive to agricultural production practices, eg sprays, noise, overnight operations, etc. Inherent Risk Residual Risk Target Risk High (3B) Low (2D) Low (2D) Financial and Resource Implications Maintaining this Policy in its current form has no budget implications. A full review of this Policy having consideration of the outcomes of the APVMA Review and the content of the new Planning & Design Code may require a budget allocation at an appropriate time in the future. Customer Service and Community/Cultural Implications Maintaining this Policy provides a guideline to minimise spray drift impacts associated with new agricultural development proposals and adjoining land uses. It also provides a strong basis for Council actions and the provision of advice to interested or competing parties. Page 2 Adelaide Hills Council – Special Council Meeting 14 November 2017 Buffers Policy Environmental Implications This Policy will mainly impact on agricultural land proposals. Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community Council Committees: Not Applicable. Advisory Groups: Rural Land Management Advisory Group. Administration: Manager Development Services - Feedback on editorial was given 2. BACKGROUND The Policy is intended to minimise the impact on the local amenity and the use of adjoining land of new rural development involving spraying of chemicals and pesticides by ensuring that new development has appropriate buffers in place. Council’s Buffers Policy was initially adopted on the 18 December 2001. This policy detailed the process for Council staff to form an opinion on requirements for buffers. The policy was reviewed in 2007, 2009, 2012 and 2014 to update minor references such as government Department names. There were no major changes to this Policy from those reviews. It is intended to conduct a major review of this policy at such time as the Australian Pesticides and Veterinary Medicines Authority (APVMA) hands down its report on recommended inter land use buffers and spray buffer zones. This report has been expected for some time. 3. ANALYSIS This current review is in accordance with Council’s Policy review schedule. Essential elements of the revised policy (Appendix 1) remain unchanged and this revision only incorporates minor aesthetic, editorial, format and factual reference changes. 4. OPTIONS Council has the following options: 1. to retain the existing Buffers Policy; 2. to adopt the minor changes (as recommended); or, 3.
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