Contents
Council
An Ordinary Meeting of Lismore City Council will be held at the Council Chambers on Tuesday, 11 September 2018 at 6.00pm
Members of Council are requested to attend.
Lismore City Council acknowledges the people of the Bundjalung nation, traditional custodians of the land on which we work.
Scott TurnerActing General Manager 4 September 2018
Agenda
1. Opening of Meeting
2. Acknowledgement of Country
3. Local Government – Pause for personal reflection
4. Apologies and Leave of Absence
5. Confirmation of Minutes of Previous Meeting Lismore City Council held 14 August, 2018 ...... 258 Lismore City Council held 14 August, 2018 ...... 281 Lismore City Council held 28 August, 2018 ...... 284 Lismore City Council held 28 August, 2018 ...... 286
6. Disclosure of Interest
7. Public Access Session on Agenda Items
8. Mayoral Minute(s) and Condolence Motions
9. Notice of Rescission Motions
10. Notice of Motions 10.1 Special Rate Variation ...... 6
11. Questions for Next Meeting
12. Altering Order of Business (Consideration of altering the order of business to debate matters raised during Public Access)
13. Matters Arising 13.1 Adoption of Planning Proposal to rezone part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential...... 10 13.2 What does January 26 mean to you? ...... 33 13.3 Lismore Lake Pool ...... 42 13.4 Classification of Palate Cafe at 133A Molesworth Street, Lismore as Operational Land ...... 46
14. Reports of the General Manager 14.1 Election of Deputy Mayor ...... 52 14.2 S4.55(2) Application to Modify Development Consent 5.1998.7.4 - Perradenya Subdivision ...... 54 14.3 S4.55(1A) Application to Modify Development Consent 5.2010.77.4 - Cameron Road Subdivision ...... 74 14.4 s4.55(1A) Modification of DA15/165 for Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah...... 82
14.5 s8.2 Review of Determination - DA17/205 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area) ...... 146 14.6 s8.2 Review of Determination - DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area) ...... 160 14.7 Tender T2018-12 Mortimer Oval Player Amenities Block Design and Construct ...... 182 14.8 Proposed Licence of Three Chain Road Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore ...... 199 14.9 Investments - August 2018 ...... 209 14.10 2017/18 Reserves (Internally Restricted) ...... 219 14.11 2018/19 Revote Projects ...... 228 14.12 Annual Pecuniary Interest Return 2018-2019 ...... 230 14.13 2018 NSW Local Government Conference ...... 232 14.14 Council's Ordinary Meeting Schedule for 2019 ...... 234 14.15 Change in 2018 Council Meeting Schedule ...... 236
15. Committee Recommendations 15.1 Traffic Advisory Committee Minutes - Meeting of 15 August 2018 ...... 240
16. Documents for Signing and Sealing 16.1 Documents for Signing and Sealing ...... 252
17. Financial Assistance – Section 356
18. Confidential Business 18.1 Sale of Council Owned Land - 134 High Street, Lismore Heights ...... 256
Notice of Motions
Notice of Motion Notice of Motions 1. Special Rate Variation
Lismore City Council Meeting held 11 September 2018 - Special Rate Variation 6
Notice of Motion Notice of Motion Councillor Greg Bennett has given notice of intention to move:
Recommendation
That: Council cease rating of the temporary SRV ($120,000) effective from 1 July 2019; and Council reduces business promotion expenses by a corresponding amount effective from 1 July 2019.
Councillor Comment Outcome Sought A reduction in rates charged to CBD Businesses.
Cost of Implementing This NOM is cost neutral. By reducing expenditure for business promotion there is no impact on the budget from ceasing to rate for the temporary SRV.
Funding Source Not applicable
Staff Consulted Governance Coordinator Manager Finance & Governance
Staff Comment Manager Finance & Governance If the Notice of Motion is adopted, the maximum amount of rates that could be levied by the Council from 1 July 2019 would be reduced by $120,000 plus the rate peg increase for 2019/20. There would be no impact on the recurrent budget as it is proposed expenditure on business promotion would be reduced by a corresponding amount.
As the temporary special rate variation approved by IPART commencing 1 July 2018 is for a five year period, a similar assessment would be required each year of the approval period.
While this would effectively reduce the funding collected for the business promotion program by $120,000 + rate peg increase for 2019/20, it would still leave $253,600 + rate peg increase in 2019/20 being collected from the permanent special rate variation first levied in 1998/99.
The impact on the effectiveness of the business promotion program is unclear but less funding will result in fewer initiatives being undertaken and/or their scale being reduced.
Acting Executive Director – Sustainable Development An item will be prepared for next week’s Council meeting edition of City Notes for Councillors to provide information on the impacts on Council’s current business promotion activities if the Notice of Motion is adopted.
Lismore City Council Meeting held 11 September 2018 - Special Rate Variation 7
Notice of Motion Attachment/s There are no attachments for this report.
TRIM Record No: BP18/1263:EF18/62
Lismore City Council Meeting held 11 September 2018 - Special Rate Variation 8
Matters Arising
Matters Arising Matters Arising 2. Adoption of Planning Proposal to rezone part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 10 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising Matters Arising Subject Adoption of Planning Proposal to rezone part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential. TRIM Record No BP18/1042:EF16/171
Prepared by Strategic Planner
Reason To obtain a Council resolution to support a Planning Proposal to rezone part of 55 Palmers Road, McLeans Ridges and forward to the Department of Planning and Environment requesting it resolve the OEH objection and finalise the LEP Amendment. Strategic Theme Our built environment
Strategy Our land-use planning caters for all sectors of the community.
Action Ensure land is available and serviced to meet population growth in locations that are accessible, close to services and employment, and suitable for development.
Executive Summary This report provides Council with an overview of a Planning Proposal for 55 Palmers Road, McLeans Ridges (Lot 28 DP 1130169) that will: amend the zone applying to part of the land from Zone RU1 Primary Production to Zone R5 Large Lot Residential; amend the zone applying to part of the land from Zone R5 Large Lot Residential to Zone RU1 Primary Production; amend the minimum lot size applying to part of the land from 40 hectares to 1 hectare; amend the minimum lot size applying to part of the land from 2 hectares to 40 hectares; apply a building height limit of 8.5 metres to part of the land consistent with other land in the Zone R5; remove the maximum building height of 8.5 metres from part of the land in Zone R5.
The Planning Proposal is not consistent with the Lismore Growth Management Strategy 2015-2035 or the North Coast Regional Plan. However, it is a minor and justified inconsistency that will yield only one additional rural residential lot in a location immediately adjacent to an existing rural residential estate accessed off Baldock Drive. The Gateway Determination issued by the NSW Department of Planning and Environment (DPE) limited the planning proposal to create only one rural residential lot. It was publicly exhibited for 28 days in April/May 2018 during which time three public submissions were received.
RFS did not object to the planning proposal but the Office of Environment and Heritage (OEH) has objected based on concerns about the environmental values of the wider site. The matters raised by OEH constitute an unresolved objection which means that Council cannot exercise its delegation to finalise the Planning Proposal. It is recommended that Council supports the Planning Proposal that will enable the creation of one rural residential lot and request the DPE to liaise with OEH to resolve its concerns and finalise the planning proposal.
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 11 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising Recommendation Recommendation That: 1. Council support the Planning Proposal to rezone part of 55 Palmers Road, McLeans Ridges (Lot 28 DP 1130169) to Zone R5 Large Lot Residential to enable rural residential development with a maximum yield of one lot as detailed in Attachment 1 of this report; 2. Council does not support the OEH objection; and 3. Council forward the Planning Proposal to the NSW Department of Planning and Environment, requesting it resolve the Office of Environment and Heritage objection and finalise the Planning Proposal.
Background Council received a Planning Proposal on 16 March 2016 for the rezoning of part of 55 Palmers Road, McLeans Ridges (Lot 28 DP 1130169), shown in Figure 1. The subject land currently contains a single dwelling. The majority of the land is zoned RU1 Primary Production which has no Height of Building control and a Minimum Lot Size of 40 hectares. A small strip at the southern edge of the lot is zoned R5 Large Lot Residential and has a Height of Building control of 8.5 metres and a Minimum Lot Size of 2 hectares. It is not clear how this part of the land came to be zoned R5 Large Lot Residential. A small piece of the land adjacent to Baldock Drive is also zoned R5. The existing zone map is shown in Figure 2.
The Lismore Growth Management Strategy 2015-2035 (LGMS) was adopted by Lismore City Council on 12 May 2015. It was conditionally approved by the Department of Planning and Environment on 11 August 2015. The LGMS does not identify the subject land on Map 26 “McLeans Ridges – Potential Large Lot Residential”. The subject land was submitted to Council during public exhibition as a potential addition to the LGMS and was considered by Council for inclusion. However, it was rejected because the merit of the site had not been adequately addressed and the LGMS had sufficient alternative options for rural residential development.
The Planning Proposal presented to Council on 11 April 2017 was for two (2) lots of about 1 hectare each at the southern boundary of the subject land. Each proposed lot had a dwelling site with one accessed from Baldock Drive and one accessed from Palmers Road. The Council report evaluated 3 different options including two lots, one lot and no lots.
At the Council meeting on 11 April 2017, it was resolved that:
1. Council support the preparation of a Planning Proposal to rezone part of 55 Palmers Road, McLeans Ridges (Lot 28 DP 1130169) to R5 Large Lot Residential to enable rural residential development with a maximum yield of two (2) lots as shown in Figure 5 in this report and forward to the NSW Department of Planning and Environment, requesting it issue a Gateway determination; and 2. The proponent is to provide: an Aboriginal and European cultural heritage assessment; a land contamination assessment; and a rural land use conflict risk assessment post Gateway determination; and 3. Council agree that staff can proceed to public exhibition of the planning proposal and government agency consultation based on the Gateway determination issued by the Department of Planning and Environment, and report back to Council with any concerns as part of post-exhibition reporting of submissions.
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 12 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising The NSW Department of Planning and Environment issued a Gateway determination on 17 June 2017 was conditional on the removal of the proposed eastern lot, leaving only one small lot accessed from Baldock Drive, as shown at Figure 4 below. The Gateway determination is provided at Attachment 2 to this report. It also required an Aboriginal and European cultural heritage assessment and a land contamination assessment. Due to the eastern lot being removed from the Planning Proposal, the Gateway Determination did not require a land use conflict risk assessment be undertaken as the potential for this to be an issue was diminished.
The subject site The subject site is depicted in Figure 1. The 34.99 hectare allotment has a small frontage to both Palmers Road and Baldock Drive at its southern corners. The existing house is accessed from Palmers Road. The lot contains some farm sheds and stock yards, and is currently used as beef cattle grazing land. The land is mostly open grassland with scattered shade trees. It contains a steep gully that begins on the southern boundary. The site includes scattered camphor laurel with some native tree species as regrowth. A stand of Tallowood trees was planted as a wind break for macadamias, and they remain on the western edge of the gully. The site is located immediately adjacent to the established Floreat Park rural residential estate. Established rural residential land is located to the south and west with open grazing land to the north.
Figure 1: Subject site
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 13 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising
Figure 2: Existing zone under Lismore LEP 2012
Figure 3: Zone map endorsed by Council
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 14 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising Gateway determination The Gateway determination issued 17 June 2017 was conditional on the removal of the proposed eastern lot, leaving only one small lot accessed from Baldock Drive. The zone map endorsed by Council is provided at Figure 3 with the zone map proposed following the Gateway shown at Figure 4 below. It also required an Aboriginal and European cultural heritage assessment and a land contamination assessment. Due to the eastern lot being removed from the Planning Proposal, the Gateway Determination did not require a land use conflict risk assessment be undertaken as the potential for this to be an issue was diminished.
Figure 4: Proposed zone map following Gateway determination
Aboriginal and European cultural heritage assessment In accordance with the Gateway determination, the applicant has supplied a Cultural Heritage Assessment. This assessment involved consultation and a site visit with the Ngulingah Local Aboriginal Land Council (LALC) Site Officer and a member of the Widjabul/Wyabul Native Title Claim Group. The assessment found that the land is unlikely to contain Aboriginal objects or sites of significance and no further archaeological investigations are required. A search of the Aboriginal Heritage Information Management System (AHIMS) was undertaken for the subject allotment (and a 1 kilometre buffer) on 1 February 2016. No Aboriginal sites or places were recorded or declared on that date. There are no listings of environmental heritage items or archaeological sites in Schedule 5 of Lismore LEP 2012.
Land contamination assessment In accordance with the Gateway determination, a preliminary contaminated land report has been prepared which includes an historical assessment and soil sampling of the land proposed to be rezoned. The assessment concluded that the land proposed for rezoning is not contaminated from past and
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 15 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising current grazing activities, and would not present a risk of harm to future occupants should the land be used for residential purposes.
Public and Agency consultation Public Consultation The Planning Proposal and supporting information were publicly exhibited for twenty-eight (28) days from 26 April 2018 and 25 May 2018 as required by the Gateway determination.
Three (3) submissions were received from the public, all objecting to the Planning Proposal. Copies of the three submissions are at Attachment 3. The key issues raised are summarised in Table 1 below.
Table 1: Summary of key issues raised in public submissions Summary of Issues Staff response Consistency with the GMS This is correct, but it is considered to be a minor Planning Proposal is not included in matter and will result in an acceptable outcome. the LGMS. Two small parts of the subject land are already in the R5 zone. The Department of Planning and Environment has accepted that this is a minor matter. Approval of this rezoning would create It is noted that this land was included in the former a precedent and undermine the LGMS Rural Housing Strategy 2002. Minor inconsistencies to the LGMS can occur over time. This Planning Proposal is unusual as the subject land has frontage to Baldock Drive and is already partly zoned R5. This zoning anomaly is unusual so will not create a precedent. Traffic One additional lot is expected to produce four to six Existing traffic problems for McLeans additional vehicle trips per day on Baldock Drive Ridges residents accessing and other roads and intersections. This is a minor Goonellabah via Cowlong Road and impact and will not exacerbate current traffic issues the Alphadale intersection. significantly. Lot size Although adjacent land has a two hectare minimum Most lots in the area are 2 hectares lot size, adjacent lots are predominantly one hectare and a one hectare lot size is in size. This lot will be the same size as the unjustified. adjacent lot and is ample to locate a dwelling and associated infrastructure. Wastewater management Sufficient information has been supplied and No evidence of a wastewater effluent disposal on this site is achievable in management plan for the new lot being accordance with Council’s On-site Sewage and proposed and prediction of problems Wastewater Strategy. A constraints map has been on the slope of this land. supplied with primary/reserve effluent disposal areas and appropriate buffer setback distances to lot boundaries. Neighbour amenity The land being rezoned is down slope from both 14 Adverse impact on quality of life and and 20 Baldock Drive so views of rural landscape value of property for residents of 14 will be impacted but not completely obscured. Long and 20 Baldock Drive. views to the north will remain largely unaffected. Number 20 has large water tanks and a hedge along the proposed boundary to assist in screening the proposed house site. The dwelling at number 14 is located about 40 metres uphill from the boundary of the proposed lot and this will also allow
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 16 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising Summary of Issues Staff response privacy to be maintained. The building height of 8.5 metres is a maximum limit (that is, any future dwelling may not be built to that height). Staff consider that the slope of the land between number 14 and the proposed rezoned land will assist in mitigating the impact on the views from number 14. Currently, there is no height limit on the subject land in the RU1 zone. No evidence is provided of prospective land value changes. Land valuation changes are difficult to quantify in relation to planning amendments and should not be a key consideration. Land use conflict risk assessment A Land Use Conflict Risk Assessment (LUCRA) More than half the boundary of the was not undertaken for this planning proposal as it proposed new lot will be adjacent to was not a requirement of the Gateway the RU1 zone and used for grazing. determination due to it being for the creation of only one (1) extra lot. The addition of one (1) small lot may create further opportunity for land use conflict with the surrounding grazing land but no more so than the existing lots to the south and west that also have a shared boundary with grazing land. NSW DPI recommends a minimum 50 metre buffer between rural housing and grazing land. Council’s DCP recommends a 30 metre buffer. The proposed lot should be large enough to allow a house to be located with a buffer of about this size. A LUCRA can be undertaken at the development application stage to support the location of a future dwelling. A Land Use Conflict Risk Assessment (LUCRA) at the DA stage can identify prospective dwelling sites to reduce conflict potential.
Agency consultation In accordance with the Gateway Determination, Council consulted with: Rural Fire Service; and Office of Environment and Heritage.
Council also referred the Planning Proposal and Aboriginal Cultural Heritage Assessment to the Ngulingah Local Aboriginal Land Council for comment prior to public exhibition commencing.
Responses were received from the RFS and OEH. Copies of the two submissions are at Attachment 4. RFS has advised it has no concerns but OEH has objected to the Planning Proposal. A summary of the objection is outlined in Table 2 below:
Table 2: Summary of OEH objection OEH issue Staff response There is no justification for retaining the It is not appropriate to assess the zoning of land that is RU1 zone over the balance of Lot 28 that not part of this Planning Proposal. The proposed R5 is not proposed for inclusion in the R5 zone affects only approximately 1 hectare out of a total zone. of 34 hectares that comprise the site (plus a small strip near the northern boundary). The technical studies
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 17 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising OEH issue Staff response have focused on the 1 hectare area that is subject to the Planning Proposal and surrounding land. There is no consideration of High A site specific preliminary flora and fauna assessment Conservation Value mapping in (Melaleuca Group Pty Ltd, 2016) was prepared for the accordance with North Coast Regional Planning Proposal. Considering the generally disturbed Plan 2036. and weedy nature of the vegetation present at the site, the flora and fauna assessment provided a suitable level of detail and is sufficient to assess the potential ecological issues that may be present. The findings of the assessment were supported by Council staff in the recommendation for endorsement of the planning proposal at the Gateway stage. No significant ecological constraints are present at the site, or in the local context of the site, indicate that the land proposed for R5 is unsuitable for rezoning. No High Environmental Value areas are affected by the proposed rezoning. Inadequate ecological assessment of the An adequate ecological survey has been undertaken by planning area. a qualified consultant. Staff consider that it is unjustified and unreasonable to request that additional flora and fauna studies be undertaken over the entirety of the land at 55 Palmers Road, McLeans Ridges, when that land is not being rezoned and is not part of the planning proposal. Lack of appropriate environmental zones The primary use of the land is agriculture (cattle for protecting high environmental values grazing). The Department of Planning and over Lot 28. Environment’s criteria, as stipulated in the Northern Councils E Zone Review: Final Recommendations Report, for applying Zone E2 Environmental Conservation would not be fulfilled; additionally, land owner consent is not likely to be obtained. No areas of high environmental values are proposed for inclusion in the R5 zone. Prepare a Rehabilitation Plan for any part The primary use of the land, other than the 1 hectare of the subject land to be zoned E2 and a adjacent to Baldock Drive, is cattle grazing. It is not mechanism to provide in perpetuity appropriate to link this minor zone change to a protection and management for that land. rehabilitation and management plan for the balance of the site. No areas of E2 zone are being proposed.
Staff advised the OEH that Council did not agree with its requests. The matters raised by OEH now constitute an unresolved objection by a state agency to this Planning Proposal. If the Planning Proposal is supported by Council, it will be sent to the Department of Planning and Environment to resolve the issues with the OEH and undertake the final stages of the making of the LEP amendment (liaising with Parliamentary Counsel and signing off on the amendment).
Council workshop Potential land use conflict - Buffers Following feedback received at the Council workshop on 31 July 2018, staff advise that as part of the ongoing review and updating of Lismore’s Development Control Plan (DCP), an evaluation will be conducted into the effectiveness and currency of DCP Chapter 11 – Buffers. This will be informed by an analysis of current statistics on the nature and location of complaints that Council and the Environmental
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 18 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising Protection Agency (EPA) have received regarding land use conflict and research into how surrounding Councils address land use conflict in their DCP’s.
The evaluation will be summarised in a short paper that will be circulated prior to a Built Environment Portfolio briefing in October 2018 as the basis for a discussion with Councillors to inform any future amendments to the existing Chapter 11 of the DCP.
Department of Primary Industries referrals Planning Proposals do get referred to the Department of Primary Industries where staff and /or the Department of Planning and Environment consider the proposal is of a scale or impact to be of interest to DPI. As part of the Government Agency referral process, this Planning Proposal was not referred to the DPI as it was assessed as having only a negligible impact on surrounding agricultural land because the one additional proposed lot is located adjacent to existing rural residential development on 2 property boundaries.
Neighbours amenity and views In response to concerns raised by submitters about the impact of a future dwelling on their amenity, Councillors asked if it is possible to require a one storey height limit.
The Department of Planning and Environment has advised that it does not support a storey based height limit to be included in the Standard Instrument LEP, for example, in the LEP Height of Building map. Therefore, to impose a single storey height limit at this site, the development standard would have to be specified in Council’s DCP with an associated measurement in metres.
It does not appear warranted in this instance to impose a single storey height limit on a site specific basis because the subject land adjoins an established rural residential estate that has been developed with an existing 8.5m building height limit. If there was support to reduce the building height, Council would firstly have to introduce a specific DCP Chapter outlining the site location and the applicable development standard.
With regard to the application of a building height limit of 8.5m consistent with the rezoning of the land to Zone R5 Large Lot Residential, it is noted that the current Zone RU1 Primary Production does not have a building height restriction. Consequently, the landowner could develop an agricultural shed (ancillary to the primary use of the land for cattle grazing) on the rezoning area which may have a greater impact on the views enjoyed by neighbouring residents than the future single dwelling that will result from this rezoning.
It is noted that staff consider the impact of this rezoning on the sharing of views has been assessed by staff as being acceptable on the property at 14 Baldock Drive because the existing dwelling on this property is located 40m upslope from the boundary of the rezoning site. Figure 5 shows the location of this dwelling in relation to the proposed rezoning area and Figure 7 shows the view from the part of proposed rezoned land on which a future dwelling would be located (the photo is taken from the ‘handle’ of the portion of the lot that adjoins Baldock Drive.
It is considered that loss of views at 20 Baldock Drive will be minor due to a vegetated screen that has been planted at the eastern boundary as shown in Figure 6.
Further to discussions on the topic of amenity and view loss as a result of this Planning Proposal, a question was raised regarding whether a building envelope could be applied to the land to restrict the location of any future dwelling to minimise view loss to surrounding neighbours. This matter is more appropriately addressed at the subdivision stage and if it is considered necessary, a section 88b instrument may be applied to the land title to stipulate the exact location of any future dwelling.
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 19 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising It is also noted that this land was nominated in the Lismore Rural Housing Strategy 2002 as potential rural residential land; therefore the potential for the site from to be rezoned a rural to a rural residential zone had been in the public realm for some time prior to the current Growth Management Strategy 2015- 2035.
Figure 5: Location of 14 and 20 Baldock Drive (submitters) in relation to rezoning area
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 20 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising
Figure 6: Vegetation screening at boundary of 20 Baldock Drive and rezoning area
Figure 7: Land proposed for rezoning in foreground (includes fence) and landscape views
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 21 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising
Summary of the Planning Proposal Changes to the Lismore LEP 2012 Maps It is proposed that only part of the subject land (just over 1 hectare) will be rezoned to R5 Large Lot Residential with a Minimum Lot Size of 1 hectare. This will allow the creation of one small lot. A small strip of land (about 0.3 hectares of the site) at the southern boundary is proposed to be “back-zoned” from the R5 zone to an RU1 zone to reflect that it is not suitable for rural residential development.
The following LEP map changes are proposed. The maps are included as Figures 9: Amend the Land Zoning Map to change part of the subject land from RU1 Primary Production to R5 Large Lot Residential; Amend the Land Zoning Map to change part of the subject land from R5 Large Lot Residential to RU1 Primary Production; Amend the Minimum Lot Size Map to change part of the subject land from 40 hectares to 1 hectare; Amend the Minimum Lot Size Map to change part of the subject land from 2 hectares to 40 hectares; Amend the Height of Building Map to change part of the subject land from no maximum building height to a building height of 8.5 metres; Amend the Height of Building map to change part of the subject land from a building height of 8.5 metres to no maximum building height.
Existing Proposed LEP Maps Existing LEP and proposed LEP maps are provided below.
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 22 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising Figure 9: Existing Zone Map
Figure 10: Proposed Zone Map
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 23 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising
Figure 11: Existing Lot Size
Figure 12: Proposed Lot Size
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 24 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising
Figure 13: Existing Height of Building
Figure 14: Proposed Height of Building
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 25 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising
Comments Finance Not required.
Other staff comments Council’s specialist staff have assessed the Planning Proposal as required and their assessment is incorporated into sections of this and previous reports.
Public consultation Public consultation has occurred on this planning proposal as discussed in a preceding section of the report.
LEP delegations Council resolved at its Ordinary meeting of 11 December 2012 to accept the delegations which enable Council to process the final stages of a planning proposal (LEP amendment). The delegations only extend to routine LEPs. Council does not have delegation in this instance as the Planning Proposal is the subject of an unresolved objection from OEH. The Department of Planning and Environment will exercise its discretion to finalise the Planning Proposal.
Conclusion While this Planning Proposal is not consistent with Council’s LGMS it will only yield only one additional lot and its impact is considered to be minor. This inconsistency is balanced against being flexible, particularly where the variation is minor and the consequence “on the ground” is similar to surrounding development. The circumstances of this case have led to it being supported. That is: The planning proposal can only yield one additional lot and is therefore a minor inconsistency; The land has some R5 Large Lot Residential zone on it already; The site specific assessment has not raised any insurmountable issues; The site can be serviced adequately and will be a small extension to an established rural residential area. The Planning Proposal complies with most of the relevant SEPPs. It is consistent with most section 9.1 Directions and the inconsistency with others is well justified. Details of those inconsistencies are contained in the Planning Proposal. It is justifiably inconsistent with the Lismore Growth Management Strategy 2015-2035 and the North Coast Regional Plan. The Department of Planning and Environment has accepted that these inconsistencies are justified. The work on ecology, bushfire hazard, geotechnical stability, on-site wastewater disposal, European and Aboriginal cultural heritage and land contamination supplied by the applicant is adequate and sufficient to support this planning proposal. The issues raised in the public submissions have been considered but no changes to the Planning Proposal are warranted. The unresolved objection from OEH has been assessed and is not considered well founded. It is a matter for the Department of Planning and Environment to resolve with OEH, should Council support the Planning Proposal.
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 26 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising There is sufficient information to enable Council to support the Planning Proposal and forward it to the Department of Planning seeking finalisation.
Attachment/s 1. Planning Proposal - Post Exhibition (Over 7 pages) 2. Gateway Determination (Over 7 pages) 3. Submissions (Over 7 pages) 4. OEH comments 5. RFS comment (Over 7 pages)
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 27 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
OEH comments Attachment 4
OEH comments
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 28 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
OEH comments Attachment 4
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 29 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
OEH comments Attachment 4
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 30 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
OEH comments Attachment 4
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 31 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
OEH comments Attachment 4
Lismore City Council Meeting held 11 September 2018 - Adoption of Planning Proposal to rezone 32 part of 55 Palmers Road, McLeans Ridges to R5 Large Lot Residential.
Matters Arising
3. What does January 26 mean to you? Matters Arising
Subject What does January 26 mean to you?
TRIM Record No BP18/973:EF18/457
Prepared by Partnering & Community Engagement Officer
Reason To respond to a motion by Council to inform and consult the community about what 26 Janaury means to the Aboriginal community and report findngs back to community. Strategic Theme An inclusive and healthy community
Strategy We recognise our Aboriginal and Torres Strait Islander community and cultures.
Action Provide opportunities for Aboriginal and Torres Strait Islander people to participate in community events and programs.
Executive Summary A Council resolution was passed in September 2017 to consult with and inform our community about what January 26 means to the Aboriginal community and report back to Council within 12 months, indicating Lismore City Council would like to contribute the voice of the people of the Lismore Local Government Area to the national conversation about the date that Australia Day is held.
In keeping with the above resolution, Lismore City Council consulted and informed the community using a range of engagement methods. The steps in the engagement process and overall feedback from the community are outlined in this report.
Recommendation Recommendation That: 1. Council write to the Prime Minister, Local members and relevant Federal and State Government Ministers and inform them of the results of a community wide survey into what January 26 means to Lismore’s community.
Background Council passed a resolution in September 2017 to consult with and inform the community about what January 26 means to the Aboriginal community and report back to Council.
Staff developed a community engagement strategy which was presented to Council’s Aboriginal Advisory Group for feedback in March 2018. See Attachment 1 to the report. The primary purpose of the engagement was to understand what January 26 means to people, and a secondary purpose of the engagement was to inform the broader community about what January 26 means to Lismore’s Aboriginal community. The secondary purpose was achieved by publishing the responses provided by Aboriginal and Torres Strait Islanders (ATSI) respondents (with their permission) to inform the broader community about what January 26 means to the Aboriginal community. The Aboriginal Advisory Group supported the strategy however, sought an assurance that the broader community understood that the project had been initiated by Council and was being driven by Council and not the Aboriginal Advisory Group or Lismore’s Aboriginal community.
Lismore City Council Meeting held 11 September 2018 - What does January 26 mean to you? 33
Matters Arising Stage 1
A survey was developed through Council’s online community consultation portal Your Say Lismore. See Attachment 2 to the report. All respondents were required to register prior to completing the survey. This requirement was to validate individual responses and to avoid stacking responses (e.g. an individual submitting multiple surveys).
The first stage of the engagement involved surveying members of Aboriginal stakeholder groups to ask what the January 26 means to the Aboriginal people. This was done by attending the meeting of the Lismore Aboriginal Interagency and Bundjalung Elders Council to explain the engagement plan, distribute the survey and answer questions that the participants may have. Both online and hardcopies of the survey were distributed so it was accessible to all stakeholders. Meeting with the Ngulingah Local Aboriginal Land Council was planned but did not occur due to their availability, however an email was sent with explanations and a link to the online survey. It was explained to the stakeholder groups that the intention of gathering Aboriginal stakeholder survey responses first was to use the responses to inform the broader community. It was explained that this was optional and that responses wouldn’t be shared without permission.
Stage 2
The survey was then made available online via Your Say Lismore to the broader community between 29th May and 15th July 2018. As per Council’s resolution, staff continued to inform the community about what the January 26 date means to the Aboriginal community. This was done by sharing the responses made by ATSI respondents to the survey, in answering the specific question ‘What does January 26 mean to you?’ These responses were included in the introduction to the survey area on the “Your Say Lismore” engagement page.
Additionally in stage two, staff attended two face to face events to collect survey responses, at The Quad during Reconciliation Week in May and the NAIDOC Celebrations at the Lismore Showgrounds in July 2018.
Results
498 responses to the survey were received and 91% (454) of responses were from people living in the Lismore Local Government Area (LGA).
For the purpose of this report, the statistics reflect all of the responses received including those who indicated they did not live in Lismore’s LGA. It was concluded that people who have a connection to the area but don’t live in the LGA, are still part of Lismore’s community. All percentages provided have been rounded to the nearest whole number.
There was an relatively even spread across all age groups, (10 – 85) with the highest proportion of responses 12% (61) from people in the 61- 65 year old age group and the lowest 0.4 % (2), from people in the 10-15 year old age group. 10% (49) of responses were received from ATSI respondents and within that group 20% (10) identified as Widjabul /Wia-bul. 89% (444) of all respondents indicated they were born in Australia.
An analysis of the question ‘Please provide a brief description of what January 26 means to you?’ is summarised below. To undertake this analysis two staff independently reviewed and categorized all responses received. Opinions about the appropriate date for Australia Day were diverse and reflected the complexity of the issue. Responses were categorized into three broad themes; 1. January 26, means a date that is appropriate for Australia Day to be held
Lismore City Council Meeting held 11 September 2018 - What does January 26 mean to you? 34
Matters Arising 2. January 26, means a date that is inappropriate for Australia Day to be held 3. January 26, means a date that has no meaning Keeping the categories broad avoided the probability of misconstruing responses. As some respondents did not wish to have their answers published publically, responses are not included in the report, however are available on request.
Responses per category are detailed below: 1. January 26 means a date that is appropriate for Australia Day to be held 43% (214) of respondents indicated that January 26 is a date that is appropriate for Australia Day. The majority of responses said January 26 is a day for celebration and should not be changed. Their discourse included Australia being a great or the best country, a day of national pride or to be proud of and a day that we are thankful and grateful for living in Australia. A smaller group within this theme believed Australia Day should remain on January 26 as the date is an appropriate tribute to the arrival of the first fleet, Australia’s European ancestry and the birth of the nation. Some responses within this group made reference to mistakes made in history but acknowledged this occurred in many countries not only Australia. Another sub section of this theme includes responses that consider January 26 as a day of reflection and sadness rather than celebration. These responses suggested that like ANZAC Day, January 26 should be a day of remembrance. The following responses were less common but are also included in this theme. Respondents who discussed the difficulty in finding another date for Australia day that everyone would be happy with so it’s best for Australia day to remain on January 26; People who cited January 26 being simply “Australia Day” without further explanation; And that January 26 should remain Australia day until such time as we sign a treaty or become a republic.
2. January 26 means a date that is inappropriate for Australia Day to be held 50% (251) respondents indicated January 26 is an inappropriate date for Australia Day. Around half of the responses in this theme discussed January 26 being a day of sorrow, mourning, trauma, genocide or “invasion day” for first nation people. Their discourse included it being a day of shame, not being able to celebrate while others in society are hurting and a date that symbolises the loss of culture of first nation people. This theme also includes respondents that feel the date is inappropriate as it is not an inclusive day for all of Australia’s population. Responses included words and phrases such as offensive, insulting, disrespectful, a day that is inappropriate for a national celebration a day of regret. Some responses in this theme conclude January 26 only pays homage to Australia’s British history and is not inclusive for migrants from other countries as well as for first nation people. Responses in this theme also commented that it was important to choose an alternative date that doesn’t offend sections of the population.
Lismore City Council Meeting held 11 September 2018 - What does January 26 mean to you? 35
Matters Arising A small section of responses discussed changing their ideas from previously celebrating Australia Day on the January 26 to now no longer feeling it was suitable.
January 26 means a date that has no meaning Finally, 7% (33) of respondents indicated January 26 didn’t mean anything to them or the date was not significant.
Overall results Of the 498 responses, 59% (294) indicated the date that Australia Day is held should be changed, 35% (175) believed it should remain on January 26 and 6% (29) indicated they didn’t mind which date Australia day was held. Of the total number of responses received from ATSI people, 78% (38) indicated that the date that Australia Day is held should be changed, 18% (9) believed it should remain on January 26 and the remaining 4% (2) indicated they didn’t mind. The pie chart below reflects the responses to Question 8 of the survey – What date to you suggest Australia Day should be held?
Table 1: On what date do you suggest Australia Day should be held?
Comments Finance Not Required
Lismore City Council Meeting held 11 September 2018 - What does January 26 mean to you? 36
Matters Arising Public consultation Detailed in body of report.
Conclusion 498 people participated in Council’s online survey ‘What does January 26 mean to you?”. 59% of respondents indicated that Australia day should no longer be held on January 26. It is recommended Council writes to the Prime Minister, local members and relevant Federal and State Government ministers with the results of this consultation.
Attachment/s 1. Engagement Strategy 2. What does January 26 mean to you survey
Lismore City Council Meeting held 11 September 2018 - What does January 26 mean to you? 37
Engagement Strategy Attachment 1
Engagement Strategy
Lismore City Council Meeting held 11 September 2018 - What does January 26 mean to you? 38
Engagement Strategy Attachment 1
Lismore City Council Meeting held 11 September 2018 - What does January 26 mean to you? 39
What does January 26 mean to you survey Attachment 2
What does January 26 mean to you survey
Lismore City Council Meeting held 11 September 2018 - What does January 26 mean to you? 40
What does January 26 mean to you survey Attachment 2
Lismore City Council Meeting held 11 September 2018 - What does January 26 mean to you? 41
What does January 26 mean to you survey Attachment 2
4. Lismore Lake Pool Matters Arising
Subject Lismore Lake Pool
TRIM Record No BP18/1129:EF09/1839
Prepared by Community Services Officer (Sport and Recreation)
Reason Responding to Council Resolution dated 15 March 2018
Strategic Theme An inclusive and healthy community
Strategy Our sporting facilities and recreational spaces encourage active and passive community participation. Action Provide high-quality open spaces, parks and reserves.
Executive Summary On 13 February 2018 Council decided to defer any decision on the future of the Lismore Lake Pool until the August Meeting of Council. This resolution was passed to enable the Lismore Lake Pool Incorporated Committee time to prepare and present a proposal to Council regarding the pool’s restoration.
During the 18/19 budget process the allocated funding for proposed demolition of the pool was deferred to 2019/20 as part of Council’s budget deliberations. Council has subsequently been advised by Lismore Lake Pool Incorporated Committee that they will not proceed with their proposal until a suitable funding source is identified.
Council needs to be in a position to make informed decisions for the 2019/20 budget in the first half of 2019, and revisiting budget submissions regarding the Lake Pool. A situation where there is no proposal or costings available for consideration is undesirable given Council’s previous resolution. This report is an opportunity for Council to revisit its decision in light of the position advised by the Lismore Lake Pool Incorporated Committee.
Recommendation Recommendation That: 1. Council notes advice from the Lismore Lake Pool Incorporated Committee (LLPIC) dated 30 June 2018 regarding their intentions on preparing a proposal to lodge a submission for consideration as part of Council’s 2019/20 budget deliberations. 2. Council formally requests the Lismore Lake Pool Incorporated Committee to lodge their submission by 31 October 2018 to enable Council to properly review and consider the submission when formulating Council’s 2019/20 draft budget. 3. That a report be presented back to Council in December 2018 in response to any submission received from the Lismore Lake Pool Incorporated Committee. 4. In the event that a submission is not received by Council from the Lismore Lake Pool Incorporated Committee by 31 October 2018, Council advise Lismore Lake Pool Incorporated Committee that it will be proceeding with its budget deliberations on the previous 2018/19 budget submission seeking demolition of the Lake Pool as part of the 2019/20 budget process.
Lismore City Council Meeting held 11 September 2018 - Lismore Lake Pool 42
What does January 26 mean to you survey Attachment 2
Background On 13 February 2018 Council resolved that:
Council defers any decision to retain and refurbish the Lismore Lake Pool or to schedule the demolition of the Pool until the Ordinary Council Meeting scheduled on 14 August 2018 so that the Lismore Lake Pool Incorporated Committee (LLPIC) can prepare and present a proposal for Councillors to consider at that meeting in an attempt to see the pool restored and maintained as a free community recreational facility.
It was expected that a proposal would be forthcoming from LLPIC well in advance of the scheduled meeting of 14 August 2018 so that the Council report could be prepared. During the 2018/19 budget deliberation process, the proposed funding for the demolition of the Lismore Lake Pool was deferred for reconsideration in the 2019/20 budget process.
Council was advised by LLPIC in early July 2018 that they will not present a proposal prior to the August meeting, and advising of their intention of making a brief submission in time for the 2019 budget process in the hope that the funding options that were available, or new funding options, may become available once again. A copy of that advice from LLPIC is attached to this report.
It was not possible to report this matter back to Council in August.
In order for Council to provide clear guidance to the LLPIC and ensure Council’s intentions are made clear, it is recommended that Council formally advise the LLPIC as follows:
Council notes advice from the LLPIC dated 30 June 2018 regarding their intentions on submitting a proposal to lodge a submission for consideration as part of Council’s 2019/20 budget deliberations.
Council requests the LLPIC to lodge their submission by 31 October 2018 to enable Council to review and consider the submission at the December 2018 Council meeting as input to formulating Council’s 2019/20 draft budget.
In the event that a submission is not received from the LLPIC by 31 October 2018, Council will proceed with its deliberations on the previous budget submission seeking demolition of the Lake Pool as part of the 2019/20 budget process.
It is considered that the above actions will make Council’s position on moving forward with a decision on the future of the Lake Pool clear, and provide sufficient notice to the LLPIC to prepare their submission so that it can be properly considered by Council as part of its budget deliberations. Comments Finance The recommendations are supported given the existing Council resolution and a review driven by financial constraints of the Delivery Program 2017/2021 for 2019/20 and 2020/21, including an existing submission to demolish the Lismore Lake Pool, will commence shortly.
It is acknowledged that the amended Delivery Program 2017/2021 and Operational Plan – 2019/20 will be placed on public exhibition. Submissions are also anticipated at that time, however, given the financial constraints, a proposal from the Lismore Lake Pool Incorporated Committee as recommended is considered timely for the Council’s deliberations.
Lismore City Council Meeting held 11 September 2018 - Lismore Lake Pool 43
What does January 26 mean to you survey Attachment 2
Public consultation Public consultation on any proposals will be undertaken as part of the budget deliberation process in the first half of 2019.
Conclusion No further action on the Lismore Lake Pool can be taken until either a budget allocation is made for its demolition or a funding source is identified for its restoration. If Council is to consider allocating funding in support of a proposal from LLPIC to restore/retain the pool, it must first know what that proposal is and the likely costs involved.
In order to ensure procedural fairness to the LLPIC, it is appropriate for Council to make its expectations and intentions clear to avoid any confusion at a later date as to what actions are required by LLPIC, and what Council will do in the absence of any submission by LLPIC.
Attachment/s 1. Lismore Lake Pool Incorporated Committee Submission
Lismore City Council Meeting held 11 September 2018 - Lismore Lake Pool 44
Lismore Lake Pool Incorporated Committee Submission Attachment 1
Lismore Lake Pool Incorporated Committee Submission
Lismore City Council Meeting held 11 September 2018 - Lismore Lake Pool 45
Matters Arising
5. Classification of Palate Cafe at 133A Molesworth Street, Lismore as Operational Land Matters Arising Subject Classification of Palate Cafe at 133A Molesworth Street, Lismore as Operational Land
TRIM Record No BP18/1045:P20696-10
Prepared by Property Officer
Reason To obtain a resolution classifying the land as Operational land following its compulsory acquisition.
Strategic Theme Leadership and participation
Strategy We provide effective management and responsible governance.
Action Ensure well-managed buildings, land and property assets.
Executive Summary In accordance with the Local Government Act, 1993, all Council land must be classified as either Operational land or Community land.
The purpose of this report is to determine if Council wishes to resolve to classify 133A Molesworth Street, Lismore, as Operational land, and if so, to do so within the three months of its acquisition to avoid the lengthy and costly process of an LEP amendment.
Recommendation Recommendation That: 1. Pursuant to Section 31 of the Local Government Act, 1993, Council owned land within Lot 1 in DP 1235498, also known as 133A Molesworth Street, Lismore, be classified as Operational land. 2. The classification be applied within three months of the date of acquisition of that land.
Background Classification of land is a statutory requirement and Council needs to make appropriate classifications based on the circumstances of the acquisition. This land was acquired to rectify the encroachment of the café building attached to the old Art Gallery building on adjoining Crown land. This land is not open to the public for general use and therefore a community classification is not appropriate.
On 11 April 2017 Council considered a report regarding the compulsory acquisition by Council of part of Crown land within Lot 576 in DP 729276 at 115 Molesworth Street, being the Spinks Park Reserve (R85348). The purpose of this compulsory acquisition was to rectify the encroachment by the café building known as Palate Café attached to the old Art Gallery building at 133 Molesworth Street, Lismore.
Lismore City Council Meeting held 11 September 2018 - Classification of Palate Cafe at 133A 46 Molesworth Street, Lismore as Operational Land
Matters Arising
In the Council resolution of 11 April 2017, Council resolved to “confirm its intention to classify the land as Operational land and undertake the required process under the Local Government Act to achieve this”. The resolution also resolved that “Council proceed to consolidate the acquired land with the adjoining 133 Molesworth Street, Lismore”.
On 19 June 2018 Council adopted the 2018/2019 budget. Submission No. 139 provided for the sale of the old Art Gallery building at 133 Molesworth Street.
The sale of the old Art Gallery building has historically been prohibitive due to the footprint of the attached café as it encroached onto part of the adjoining Crown land known as Spinks Park (R85348).
On 6 July 2018 the Palate Café was acquired under the Land Acquisition (Just Terms Compensation Act) 1991 by a notice published in the NSW Government Gazette. Outlined in red below is an extract of Deposited Plan 135498 showing the land Council has acquired having an area of 291.9m2:
Lismore City Council Meeting held 11 September 2018 - Classification of Palate Cafe at 133A 47 Molesworth Street, Lismore as Operational Land
Matters Arising
In order for Council to have freedom to make a decision on the future of the land and act on that decision in a timely manner, it is recommended the acquired land be classified as Operational.
Section 31 of the Local Government Act stipulates any land acquired by a Council that is not classified within three months of the acquisition is taken to have been classified as Community land. Any future reclassification would require an amendment to the Lismore Local Environmental Plan (LEP).
Comments Finance The recommendations are supported on the basis the proceeds from the sale of the old Art Gallery building are included in the 2018/19 Budget and to meet budget expectations, the land needs to be classified as Operational.
Lismore City Council Meeting held 11 September 2018 - Classification of Palate Cafe at 133A 48 Molesworth Street, Lismore as Operational Land
Matters Arising Other staff comments Not applicable.
Public consultation Council gave public notice of its intention to classify the subject land as Operational, pursuant to Sections 31 and 34 of the Local Government Act, 1993. The proposal was advertised in Local Matters on 18 July 2018. There were no submissions received during the 28 day notice period.
Conclusion If Council wishes to classify 133A Molesworth Street, Lismore as Operational land, it would be prudent for Council to resolve to classify the land within three months of its acquisition to avoid the lengthy and costly process of an LEP amendment.
Attachment/s There are no attachments for this report.
Lismore City Council Meeting held 11 September 2018 - Classification of Palate Cafe at 133A 49 Molesworth Street, Lismore as Operational Land
Reports of the General Manager
Report
Reports of the General Manager 6. Election of Deputy Mayor Report
Subject Election of Deputy Mayor
TRIM Record No BP18/601:EF18/58
Prepared by Executive Assistant - Mayor and Councillors
Reason To elect a Deputy Mayor for the next twelve months
Strategic Theme Leadership and participation
Strategy Our decisions and actions are open, transparent, effective and in the interests of all. Action Manage Council meetings and provide support to Councillors in fulfilling their role.
Executive Summary Council needs to determine if it will have a Deputy Mayor and if so, the method of election and period of appointment.
Recommendation Recommendation That: 1. The Council appoint a Deputy Mayor. 2. The period of appointment be until September 2019. 3. The method of election be by open voting. 4. Each candidate be offered the opportunity to make a short presentation prior to any election.
Background The Local Government Act 1993 and Local Government (General) Regulation 2005 makes available options for the appointment of a Deputy Mayor, period of appointment and method of election to be determined by the Council.
The Council has historically resolved to elect a Deputy Mayor for a twelve month period by open voting.
Appointment and Term of Deputy Mayor Section 231 1) The Councillors may elect a person from among their number to be the Deputy Mayor. 2) The person may be elected for the Mayoral term or a shorter term. 3) The Deputy Mayor may exercise any function of the Mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of Mayor. 4) The Councillors may elect a person from among their number to act as Deputy Mayor if the Deputy Mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no Deputy Mayor has been elected.
Lismore City Council Meeting held 11 September 2018 - Election of Deputy Mayor 52
Report Comment: From a practical viewpoint, it is preferable that Council elect a Deputy Mayor. Council needs to determine the period of this appointment. It can be for the full term of this Council or for a lesser period. Previously the appointment has been for a 12 month period, from September to September.
Method of election of Deputy Mayor Schedule 7 Election of mayor by councillors Relevant extracts of this Schedule are detailed below: 1. Returning Officer The General Manager (or a person appointed by the General Manager) is the Returning Officer. 2. Nomination (1) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor. (2) The nomination is to be made in writing by 2 or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing. (3) The nomination is to be delivered or sent to the Returning Officer. (4)The Returning Officer is to announce the names of the nominees at the Council Meeting at which the election is to be held. 3. Election (1) If only one Councillor is nominated, that Councillor is elected. (2)If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting. (3) The election is to be held at the Council meeting at which the Council resolves the method of voting. (4) In this clause: “ballot” has its normal meaning of secret ballot; “open voting’ means voting by a show of hands or similar means.
Comment: Previously Council has determined that the election for Deputy Mayor would be by open voting. Council’s Policy 1.2.10 – Presentation by intending candidates for Deputy Mayor provides that prior to the election, each candidate for the position of Deputy Mayor may give a short presentation outlining her/his reasons for standing, how s/he would operate as Deputy Mayor, what time commitment would be given and the skills s/he would have to offer. Each candidate may be asked questions from the floor about their candidacy. In accordance with policy, each candidate should be offered the opportunity to make a short presentation to the Council prior to any election. Comments Finance Not required.
Public consultation N/A
Attachment/s There are no attachments for this report.
Lismore City Council Meeting held 11 September 2018 - Election of Deputy Mayor 53
Report
7. S4.55(2) Application to Modify Development Consent 5.1998.7.4 - Perradenya Subdivision Report Subject S4.55(2) Application to Modify Development Consent 5.1998.7.4 - Perradenya Subdivision TRIM Record No BP18/1172:DA98/7-13
Prepared by Senior Development Assessment Officer (Planning)
Reason Council Determination of S4.55 Application to Modify Consent
Strategic Theme Our built environment
Strategy Our built environment is managed and enhanced to meet the needs of our growing community. Action Ensure new development enhances the area in which it is located.
Executive Summary On 11 August 1998, Council granted Development Consent 1998/7 subject to conditions to a 168 village subdivision known as the “Perradenya Estate”. The approved Perradenya Estate required a 30m biological buffer to be established on all lots fronting Fredericks Road to mitigate potential land use conflicts with the adjoining rural land to the north and east. The approved 30m biological buffer was planted, however for various reasons has largely been removed from all lots fronting Fredericks Road, resulting in a non-compliance with the development consent. The adjoining rural land to the north of the Perradenya subdivision has in part changed use over the past 20 years and is now predominantly used for low intensity grazing of stock. The grazing of stock represents a much lower risk of potential conflict with the residential subdivision than horticultural uses and as a result requires a smaller buffer requirement.
The compliance issues associated with the 30m buffer requirement, combined with the changed adjoining rural land uses has resulted in the subject s4.55 Application to Modify Consent seeking to replace the 30m wide biological buffer requirement with a 5m wide landscape buffer. The proposed modification to the approved buffer is not considered to result in unreasonable conflicts with the existing and established rural land uses to the north and east. Accordingly, the assessment report concludes that the proposed modification will not unreasonably compromise the suitability of the site and would be satisfactorily in the public interest.
Council has options available in determining a position on the current application which are detailed in this report. The matter is being reported to Council because of the number of affected properties and the potential implications for the determination of applications for this Council approved development.
The s4.55 Application is a Crown application made on behalf of Rous County Council (RCC) and therefore Council cannot refuse the application or impose conditions without written concurrence from RCC. In the event of dispute over the proposed determination by Lismore City Council, the application must be referred to the Northern Region Joint Regional Planning Panel for determination and then the Minister if the application remains unresolved. These requirements of the EP&A Act are reflected in the below ‘recommendation’, where Council is adopting a position in response to the application, rather than a formal determination of the application at this time.
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 54 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report Recommendation Recommendation That: 1. Consideration of the s4.55 Application to Modify Development Consent 1998/7 be deferred subject to the applicants acceptance of a proposed determination to approve the proposed modification to replace the requirement for a 30m wide biological buffer to be established on all lots fronting Fredericks Road with a 5m wide landscape buffer, with the following amendments being made to the conditions of consent: a) Amending Condition 1 to include reference(s) to the proposed stamped approved plan: Figure 1.3 Environmental Management Zones, Rev E, prepared by AWC and dated 4/6/2018; b) Deleting Condition 20; and c) Adding the following new Condition 20A: 20A The 5m landscape buffer as shown on stamped approved plan: Figure 1.3 Environmental Management Zones (Rev E, Dated 4/6/2018, prepared by AWC) is to be planted in accordance with the document: Perradenya Estate Caniaba, Revegetation Prescriptions (prepared by AWC, Project #: 1-15586-2f and dated June 2018) within 12 months of the issue of Modified Development Consent 5.1998.7.4.
2. Council affirms delegated authority to the General Manager to determine the application in accordance with the above resolution, subject to the following: a) receipt of written concurrence of this proposed determination from Rous County Council as a Crown Authority under the provisions of the Environmental Planning and Assessment Act; and b) receipt of written consent to the making of the s4.55 Application to Modify Consent from the landowners of all allotments to which the s4.55 Application to Modify Consent relates.
3. In the event that concurrence is not provided from Rous County Council as a Crown Authority under the provisions of the Environmental Planning and Assessment Act 1979 to Council’s proposed determination, that delegation be granted to the Manager – Development & Compliance to take any further action necessary (including referrals to the JRPP/Minister for Planning) to finalise the determination of the application to modify Development Consent 1998/7 received by Council on 22 June 2018, with reference to the contents of this report and this resolution of Council. 4. The applicant be requested to provide Council the written consent to the making of the s4.55 Application to Modify Consent from the landowners of all allotments to which the s4.55 Application to Modify Consent relates. 5. Councillors be kept informed of progress in implementing the above resolutions.
Background Development Consent On the 11 August 1998, subject to conditions, Council granted Development Consent 1998/7 for: 168 Village Allotments (for residential allotments), 2 Integrated Allotments (for integrated housing), 1 Village Centre Allotments, (for a village common, buffer plantings, shops, restaurant and offices, car parking, community hall and childcare centre, etc, depending on market forces for the final land use approval) 1 Water Reservoir Allotment, (for a water reservoir),
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 55 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report 2 Drainage Reserve Allotments, (for drainage reserves and wildlife corridors), 5 Public/Private Open Space Allotments, (for drainage reserves, wildlife corridors, equestrian centre, environmental protection area, bushfire buffer and walking, cycling and bridal paths ), 5 Sewer Pump Station Lots (numbered 3000 - 3004), (for subsurface pump stations) Associated earthworks and staging.
At the time of determination of the original DA, Rous Water was not the developer of the proposed development, however took over the development of the estate in the late 1990’s. The approved development is commonly known as the “Perradenya Estate” and as at the date of lodgement of the s4.55(2) application approximately 115 village lots have been developed, which equates to approximately 68% of the overall estate.
Section 4.55 Applications to Modify Consent Council has approved six (6) subsequent s4.55 applications to modify consent. These modifications related to: 1. Modification to the koala fencing requirements, the timing for the dedication of open space allotments to Council and modification to retain the silo as a sales office on the residue allotment; 2. Modification to rename a ‘Stage 2’ to ‘Development Area F’, delete Condition 54 and delete reference to ‘precincts’ from the development areas. 3. Modification to the construction timing of the roundabout at the intersection of Caniaba Road and Fredericks Road. 4. Modification to road design specifications and stormwater management. 5. Modification to delete the requirement to establish the Community Village Association and modify the management arrangements of the five (5) open space lots. 6. Modification to Wildlife Corridor 3, vegetation planting (koala feed tree enhancement area) on the Village Green, modifying Integrated Lot 701 and removing 5 trees (to facilitate the construction of Release 5 Stage 2).
30m Biological Buffer At the time the original DA was lodged the adjoining land to north and east of the site comprised rural residential properties, hobby farms and orchards. The nearest intensive agricultural operation was a macadamia orchard directly opposite the eastern side of Fredericks Road. The proposed development sought to incorporate adequate buffers between intensive rural uses and the proposed residential development and in this regard the proposal included a 30m biological buffer be planted on the allotments fronting Frederick Road. The 30m biological buffer along the Fredericks Road frontage of the subdivision is illustrated (in yellow) on the below stamped approved plan.
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 56 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report
Figure 1: plan showing 30m biological buffer along the Fredericks Road frontage
This biological buffer area is included on the title for allotments fronting Fredericks Road, with a restriction as to user establishing certain requirements in association with the buffer. The restrictions include a requirement that: Trees or plantings are not to be removed or damaged; Open drainage lines are not to be obstructed; and Buildings or structures are not to be erected.
Lismore City Council is the identified ‘Authority Benefitted’ relating to this restriction, as the sole authority empowered to vary modify or release the above restrictions.
Compliance History The approved 30m biological buffer along Fredericks Road was planted prior to the issue of each subdivision stage. However, following the sale of the residential lots the buffer plantings have largely been removed from all lots fronting Fredericks Road, presumably by the individual land owners at varying times. Following complaints being received about certain individual landowners removing the buffer plantings and also erecting buildings within the 30m buffer area, Council commenced compliance investigations into the 30m biological buffer. The results of the compliance investigations and actions taken are summarised below:
The establishment and maintenance of a 30m biological buffer was a requirement of the original development consent.
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 57 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report The large majority of the buffer plantings have been removed from the residential lots fronting Fredericks Road. A few buildings (i.e. sheds) and fences have been erected within the 30m buffer area on a number of properties. Enforcement actions have not historically been undertaken to ensure compliance of the biological buffer requirement and therefore it would not be considered reasonable for Council to take compliance action on individual property owners without commencing compliance action on all property owners with frontage to Fredericks Road. Following a previous review of the Consent, it was identified that the developer had not complied with other requirements of the consent and as a result they expressed an intention to submit a section 96 application to have some of the conditions modified. An on-site meeting between the developer (Rous Water), their consultant (Newton Denny Chappelle) and Council Officers was held to discuss the identified non-compliances with the consent and the options for the proposed modification to the consent to address those non-compliances. The meeting included discussions on the effectiveness of the 30m biological buffer fronting Fredericks Road. In relation to the proposed modifications, Council advised Rous Water that the affected property owners were to be advised of the issues and involved in the proposed modification process. In October 2016, Council wrote to property owners fronting Fredericks Road detailing Council’s concerns in relation to the non-compliances with the required biological buffer and inviting feedback from the landowners as to the following options to address the non-compliances: o require all owners to remove any encroachments and replant the buffer area with appropriate species as required by the development consent; or o consider amending the original consent (via a s4.55 application) to remove the requirement for the provision of the biological buffer. Five (5) responses were received by residents with general consensus being that the buffer be removed. One of the responses received from an owner of a lot in the most recent stage stated that his lot was marketed and sold as vacant land without any trees with the exception of one tree and that in discussions about the buffer area at exchange of contracts the advice given made no mention that the area could not be fenced or that new trees would be planted in the buffer area. The response details that new trees were planted on their block of land after the exchange of contracts and just prior to settlement of the land. A separate response also indicated that the biological buffer was not planted out prior to lots in the latest stage going up for sale and as a result people who sought out a large reasonably flat block with a perfect northern aspect, suddenly got robbed when a 30m wide buffer zone was planted out on their property prior to settlement.
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 58 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report Crown Authority The s4.55 application made on behalf of Rous Water (Rous County Council) is a Crown modification application for the purpose of Division 4.6 of Part 4 of the EP&A Act. In particular, Rous Water is considered to be a ‘public authority’ and/or a ‘public utility’ as prescribed by the Clause 226 of the EP&A Regulation 2000 and as a consequence is included in a reference to the Crown for the purpose of s4.32 of the EP&A Act and considered a Crown development under Division 4 of Part 4 of the EP&A Act.
The provisions of Division 4.6 of Part 4 of the EP&A Act apply to an application made on behalf of the Crown under s4.55 in the same way as it applies to a development application for development consent.
Any determination of the s4.55 Application different to that proposed by the applicant requires the prior concurrence of Rous County Council as a Crown Authority. In the event that concurrence is not provided from Rous County Council as a Crown Authority under the provisions of the EP&A Act to Council’s proposed determination, then Council can refer the matter to the Department of Planning and Environment (via the Joint Regional Planning Panel) for determination.
Description of Proposed Modification The s4.55 Application to Modify Consent seeks to replace the requirement for a 30m wide biological buffer to be established on all lots fronting Fredericks Road with a requirement for a 5m wide landscape buffer to be established on all lots fronting Fredericks Road.
The applicant made the following comments in relation to the proposed modification:
Since the original approval was issued, the macadamia trees to the north of Fredericks Road have been removed and the key planning rationale for the application of the formal biological buffer no-longer exists. In addition, Lismore Council has experienced various compliance issues over recent years with respect to property owners removing all or part of the biological buffer plantings.
Accordingly, it is proposed to remove the requirement for a formal ‘biological buffer’ along this frontage and to replace it with a ‘landscape area’ being 5m wide instead as specified in the AWC Revegetation Prescriptions document specified in Attachment 2.’
This amendment will impact on existing and future stages of the estate in the following ways:
Future Stages For future stages of the subdivision it is proposed to remove the requirement for a formal ‘biological buffer’ along this frontage. It is proposed to replace this requirement with a ‘landscape area’ instead, which will provide for visual landscape screening. This component will be introduced via the adoption of the AWC Revegetation Prescriptions document within the consent (Condition 1A).
With respect to future restrictions on title, it is proposed as follows: retain the existing requirement restricting access to Fredericks Road (Condition 58); and The restriction with respect to drainage will only be required if applicable to future development stages.
Future removal of such vegetation will be subject to the development application process as contained within the LLEP and LDCP.
Existing Stages For existing stages of the subdivision, allotments fronting Fredericks Road already have a restriction applied on the title, with Lismore City Council being the Authority Benefitted and authorised to vary the requirement. As such, individual landholders will need to approach Council with respect to obtaining agreement to remove the biological plantings associated with the buffer (noting that a ‘landscape area’ will still be required pursuant to proposed Condition 1A). Future removal of vegetation within the buffer will be subject to the development application process as contained within the LLEP and LDCP.
It is expected that this require development consent via the framework provided pursuant to the LLEP and LDCP.
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 59 Development Consent 5.1998.7.4 - Perradenya Subdivision
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The proposed 5m wide landscape buffer is illustrated (in green) on the below plan.
Figure 2: The proposed 5m wide landscape buffer is illustrated (in green)
Locality Map
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 60 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report Description of Site and Locality The subject land is illustrated in the above locality plan.
The Perradenya Estate is located on the elevated Caniaba Plateau approximately 4km south-west of Lismore and 14km north-east of Casino. 1.4km to the east along Caniaba Road is the Caniaba Public School and at the base of the plateau to the north-east is Lismore Airport, rural and urban fringe areas and the Lismore CBD.
Apart from the Perradenya Estate the Caniaba locality is characterised by rural allotments of varying sizes and the land uses predominantly include grazing and pockets of horticulture. The adjoining rural land to the north and east of the site is classified as Regionally Significant Farmland and Class 3 Agricultural Land (Grazing Land / Pasture Improvement Land).
The Perradenya Estate is currently accessed by Fredericks Road, however when fully developed will also have access off Caniaba Road.
Internal Referrals Building The application has been reviewed and comments provided, with no objections being raised to the proposed modifications.
Environmental Health Council’s Environmental Health Officer (EHO) reviewed the proposed modification and made the following comments:
BUFFERS The Statement of Environmental Effects states:
The following aerial image illustrates the current land use immediately to the north of the development site.
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 61 Development Consent 5.1998.7.4 - Perradenya Subdivision
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The aerial identifies that lands within 150metres of the northern boundary of Caniaba Village are predominately small rural holdings consistent with the undertaking of low impact grazing activities. There are residual trees of the former commercial horticultural activites but are not consistent of any commercial undertaking.
Chapter 11 – Buffers Lismore Development Control Plan nominates physical separation distances to manage potential land use conflicts. Development applications are assessed on the current agricultural land use not the agricultural potential. Therefore if the subdivision was being assessed today the application would not trigger the requirements for the ‘Intensive Plant Agriculture – Horticulture’ requiring a physical separation distance of 150m or 80m physical separation distance and 30 m biological buffer. The application would however be considered against ‘grazing land’ provisions of the DCP. In assessment the road corridor would in all practicality satisfy the grazing land physical separation distance requirement of 30m. Further as the existing dwellings are located 30m from the northern boundary of the allotments in response to the original conditions of development consent (biological buffer zone) the overall physical separation of approximately 55m from existing dwellings to agricultural lands would satisfy the development standards of Chapter 11 – Buffers Lismore Development Control Plan.
From a practical point of view the recent construction of new dwellings provide for a separation distance from structure to the northern boundary (Frederick Road) of approximately 30m. Although providing a planting zone to satisfy the condition of consent, matters of bushfire protection and amenity cannot be satisfied. It would be reasonable to assume this is the basis for the removal of buffer vegetation by property owners.
As for existing properties it would be appropriate that the applicant be required to initiate, as a condition of development consent, a communication strategy with the owners advising of the amendment, approval process required to be satisfied and resultant site works. A coordinated approach by developer and property owners is required to achieve the desired outcome.
Based upon this position the application to delete condition no.20 (biological buffer) and replace with New Conditon 1A is supported.
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 62 Development Consent 5.1998.7.4 - Perradenya Subdivision
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Engineering/Traffic/Stormwater Drainage The application has been reviewed and comments provided, with no objections being raised to the proposed modifications.
Ecology Council’s Ecologist reviewed the proposed modification and made the following comments:
The proposal is supported to remove the requirement for a formal ‘biological buffer’ along this frontage and to replace it with a ‘landscape area’ being 5m wide instead as specified in the AWC Revegetation Prescriptions (dated June 2018).
The original intention of the 30m wide biological screen was to buffer spray-drift from nearby Macadamia farms. As these Macadamia farms are no longer present this purpose is no longer applicable. Instead, the primary purpose for establishing plantings along Fredericks Road is to provide some additional biodiversity value for wildlife at the estate when established. The planting schedule of native species in AWC Revegetation Prescriptions (June 2018) is suitable and would provide some enhancement of local biodiversity value, particularly for mobile species such as birds.
The reduction in the width of the planting along Fredericks Road from 30m to 5m will also reduce the amount of native fauna habitat potentially created. Despite this, the reduction in the width of this planting is justifiable considering that the function of this vegetated buffer to mitigate spray-drift from adjacent Macadamia farms is no longer relevant.
I have no issues with the proposed condition 1A within the Section 4.55(2) Application to amend the Development Consent Notice 5.1998.7.3 (Newton Denny Chappelle, June 2018).
Integrated Referrals Rural Fire Service The application was referred and comments were received on 29 June 2018 stating that:
“The New South Wales Rural Fire Service (NSW RFS) supports the proposed removal of the 30 metre “biological buffer” along the Fredericks Road frontage to be replaced with a 5 metre “landscaped area” to the affected lots”.
Notification/ Submissions The s4.55 application was notified to adjoining and surrounding property owners and had an on-site sign erected in accordance with the provisions of the Lismore DCP for the Notification and Advertising of Development Applications. As a result of the notification, two (2) submissions were received which are summarised as follows:
Name of Summary of Issues Raised Assessment Comment Submitter SL & JL Barnier, Believes there should be another 5m on the The assessment of the buffer 22 and 48 buffer. requirements is addressed below in Fredericks Road, this report. Caniaba Need to keep some local amenity. The proposed modification is not
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 63 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report Name of Summary of Issues Raised Assessment Comment Submitter considered to compromise the local amenity.
Looks like low cost HC housing area in the The proposed modification relates middle of nowhere. to a buffer and not low cost housing.
Imposes on my quality of life and on my The proposed modification is not investment. considered to unreasonably impact upon the respondents quality of life.
My headlights and spotlights will annoy them. The proposed 5m buffer along with the existing topography is considered to reasonably mitigate the development from headlight glare nuisance.
We like to play music loud. Workshop that Noted as a comment not relevant makes noise. to the assessment of the application.
Terrible visually. The modified buffer will provide an adequate visual screen.
Privacy is imposed on. Need them to have 6 foot The proposed modification does solid fence for privacy. not unreasonably impose on the respondent’s privacy.
No lights or spotlight to shine in that area. Noted as a comment.
The overall amenity of the area is being lost to The proposed modification does this developments imposition on this road so far. not change the traffic generation of the development.
Dust from my driveways can be a problem for The proposed landscape are is them. sufficient to adequately mitigate any likely dust nuisance from the respondent’s property. Alyce Benson, 8 Bought a block of land 5 ½ years ago (stage 4) Noted as a comment. Melaleuca Court, and were never told about the buffer zone from Caniaba their solicitor/conveyancer and don’t remember seeing it in the title, however we do remember conversations regarding have a 16 trees per hectare and no colour bond fence.
When we bought our block there were only a Noted as a comment. few trees on it and nothing like a 30m buffer zone. I have attached a photo of our block with the new sold sign on it. You can see that there is not a planted out buffer zone on it. Our block had been sitting there vacant for a couple years before we bought it.
We have planted about 40 trees or plants Noted as a comment. alongside our boundary fence which grow between 4-6m tall and a few metres wide. This has been expensive and time consuming. Not to mention the other hundreds of trees we have
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 64 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report Name of Summary of Issues Raised Assessment Comment Submitter planted in our yard over the years.
I know that a very long time ago there was a Noted as a comment and the land Macadamia farm up the other end of Fredericks use history of the adjoining land is Road so that’s why the buffer zone was there, discussed in detail in this report. but we only found this out a couple years ago. There has only been beef cattle farming there for many years and no sprays get used. Even if there was a 30m buffer I guarantee you spray would still float over the top and into the estate and peoples yards.
We bought our block of land for its large size Noted as a comment. and space for our children to run and play. If a 30m buffer was in place we would lose all of this space and therefore would make us think twice about staying there. We are happy to comply with a 5m buffer zone but council need to help in the cost of this as it is expensive. Our fence line is 70m long and would cost over $800 to plant out. The rural land to the south of the The southern side of the estate also has farming estate is only used for grazing and land across the road and no buffer zone. Why is as it is more marginal agricultural this? They need to have the same rules as us. land, it is likely that it was only Fair is fair. ever used for grazing of stock, which only requires a 30m buffer area with no biological plantings.
Condition 52 of the DA states that Regarding the fences – we put in a wire/copper “all dividing fences or front fences log fence so that koala’s can climb over so we in the development shall: be of feel we meet requirements with this plus we did timber construction; have a this to fit in with the country look. Everyone in minimum 150mm diameter timber the estate with Colourbond I know shouldn’t be pole equivalent to the height of the there. Or they needed to get approval from fence placed on both sides of the council. dividing fence; and no front fence shall be erected between the front boundary and the building line”. Fencing does not form part of the s4.55 Application and therefore non-compliant fencing in the estate will have to be the subject of a separate compliance action.
Noted as a comment.
We are not happy with a 30m buffer zone as there is absolutely no need for it. A 5m buffer zone or no buffer zone would be even better.
Section 4.55 of the EP&A Act 1979 The application is made pursuant to section 4.55(2) of the Environmental Planning and Assessment Act 1979 (EP&A Act), which requires Council to be satisfied that the development to which the consent as
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 65 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report modified relates is substantially the same development as the development for which consent was originally granted.
If approved, the proposed modification to the buffer requirement along Fredericks Road is considered to be considered substantially the same as the development for which consent was originally granted in that the approved development still retains a landscaped buffer area aimed at mitigating land use conflict and does not amend any of the following core elements of the approved development; location or layout of the subdivision; number, type and configuration of lots; infrastructure servicing (including the re-use scheme) or road configuration; external pedestrian connectivity; or recreation / open space provisions.
Consideration of relevant planning matters Section 4.55(3) of the EP&A Act 1979 states: In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application.
The matters referred to in section 4.15(1) of the EP&A Act 1979 include: the provisions of the Lismore Local Environmental Plan 2000, State Environmental Planning Policies, the Draft Lismore Local Environmental Plan 2010, the Lismore Development Control Plan; the likely impacts of the development; the suitability of the site for the development; any submissions made; and the public interest.
Lismore Local Environmental Plan 2012 (LEP) The section 4.55 application is not considered cause the development to be inconsistent with the objectives of the subject RU5 Village Zone. There are no other provisions of the LEP that are considered to be directly applicable to the section 4.55 application.
State Environmental Planning Policies (SEPP’s) SEPP 44 – Koala Habitat Protection The site is over 1ha in area, and there may be potential koala habitat on the site. Potential koala habitat means areas of native vegetation where the trees of the types listed in Schedule 2 constitute at least 15% of the total number of trees in the upper or lower strata of the tree component. However the Department of Planning’s Circular B35 states that “it is the intention of the policy that investigations for “potential” and “core” koala habitats be limited to those areas in which it is proposed to disturb habitat”.
The species approved to be planted in the biological buffer have already been removed and therefore becomes a compliance matter for Council to deal with. Notwithstanding this, the species approved to be planted in the biological buffer did not include any koala feed tree species and therefore would not considered to have created potential koala habitat. On this basis it is concluded that further investigation into core koala habitat, or an individual koala plan of management, is not required for this development under the terms of SEPP 44.
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 66 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report Lismore Development Control Plan (DCP) Part A, Chapter 6 – Subdivision and Infrastructure (Village and Rural Subdivision) This chapter includes performance criteria in relation to buffers to avoid land use conflict and specifically refers to Part A, Chapter 11 of the DCP, which is addressed below in this report. The proposed modification is not considered to compromise compliance of the approved subdivision with any other provisions of this chapter of the DCP.
Part A, Chapter 10 – Notification and Advertising of DA’s The section 96 application was publicly exhibited satisfactorily in accordance with the requirements of this Chapter.
Part A, Chapter 11 – Buffers As detailed above in this report, at the time the original DA was lodged in 1998 the adjoining land to north and east of the site comprised rural residential properties, hobby farms and orchards. The nearest intensive agricultural operation was a macadamia orchard directly opposite the eastern side of Fredericks Road. The proposed development sought to incorporate adequate buffers between intensive rural uses and the proposed residential development to mitigate potential land use conflicts (machinery noise, spray drift, spray odours and visual) and in this regard the proposal included a 30m biological buffer be planted on the allotments fronting Frederick Road.
The nature of the adjoining land uses to the north and east of the site have changed over the past 20 years and at the writing of this report, apart from a small macadamia orchard (approx. 170 trees), the nearest horticulture land use is a small macadamia orchard approximately 180m from the subject land. The next nearest horticulture land use is approximately 300m from the site and it is enclosed in either shade houses or hail/bird netting. There is low intensity grazing of cattle, goats and horses on a number of the adjoining land uses to the north and east.
The below 2018 aerial photo shows the adjoining land uses to the north and east of the site.
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 67 Development Consent 5.1998.7.4 - Perradenya Subdivision
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Buffer to Grazing Land There is currently some low intensity grazing of cattle, goats and horses occurring on a number of the adjoining land uses to the north and east. This chapter of the DCP recommends a 30m setback between dwellings and grazing land. The existing dwellings within the Perradenya subdivision along Frederick’s Road are all much greater than 30m from the adjoining grazing land to the north and therefore comply with the buffer requirement.
Buffer to Horticulture This chapter of the DCP recommends the following buffer between horticulture and dwellings: a. 150 metre dwelling setback where there is no planted buffer; or b. 80 metre dwelling setback, including a “biological buffer” of minimum width of 30 metres established prior to development along the boundaries adjoining horticultural land use.
There is a small macadamia orchard of approx. 170 trees on 76 Fredericks Road to the north of the Perradenya Estate. This macadamia orchard is currently not being harvested and does not appear to have been actively maintained, with a number of trees appearing to have been eaten by grazing cattle. There are approximately four (4) dwellings within the Perradenya Estate along Frederick’s Road that are within 150m of the small macadamia orchard, with the closest dwelling being approx. 105m from the macadamias. While these four (4) lots have some landscape plantings between their dwellings and the small macadamia orchard, on 3 of the 4 lots the plantings are not to a width of 30m and therefore the proposed modification results in a technical non-compliance with the above buffer requirements.
The proposed modification is not considered to result in unreasonable conflicts with the existing small macadamia plantation and the technical non-compliance is considered to be acceptable in the circumstances for the following reasons: The small size of the macadamia orchard that is not consistent with a commercial operation. In this regard, Council’s Environmental Health Officer is of the opinion that such a small orchard should not even trigger buffer requirements for ‘Intensive Plant Agriculture – Horticulture’; The macadamia orchard is not currently being harvested and the macadamia trees do not appear to have been maintained, with some appearing to have been eaten by the grazing cattle; The existing small macadamia orchard has a non-related dwelling (at 102 Fredericks Road) within 30m, which has far greater potential for land use conflicts than the subject dwellings in the Perradenya Estate;
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 68 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report Only four (4) dwellings of the Perradenya Estate that front Fredericks Road are within the 150m buffer and each of these dwellings is over 100m from the macadamia trees and has some level of landscape plantings in between; and There has not been a history of complaints between the dwelling in the Perradenya Estate and the existing small macadamia orchard.
Buffers to Potential Rural Land Uses When assessing land use conflicts and applying the buffer requirements of this chapter of the DCP, it is important to note that Council has historically only had regard to the existing and established land uses and not potential land uses. If however, in assessing the proposed modification the Council chooses to also have regard to the potential that the adjoining rural land to the north and east could be converted to horticulture then the required buffer would be: c. 150 metre dwelling setback where there is no planted buffer; or d. 80 metre dwelling setback, including a “biological buffer” of minimum width of 30 metres established prior to development along the boundaries adjoining horticultural land use.
The setback from the existing dwellings within the Perradenya subdivision along Frederick’s Road to the adjoining rural land uses to the north range from approx. 45-65m, which would not comply with the buffer requirement to horticulture. This potential non-compliance would be lessened considerably if the requirement for the 30m biological buffer was to be retained.
NB: Council’s Strategic Planning Section is currently preparing a short ‘discussion paper’ on Council’s DCP buffer requirements and their effectiveness in stopping/reducing land use conflict. The paper will include commentary on the uses that appear to generate the most conflict and discuss buffers and other measures that surrounding Council’s in the northern rivers region adopt. The discussion paper will be circulated to Councillors prior to a workshop on 25 September 2018 and will form the basis for any review and amendment of Council’s DCP that Councillors consider is warranted.
Likely Impacts of the Development Potential for Further Development of Residential Lots The residential allotments along Fredericks Road were deliberately sized so as to be able to accommodate a dwelling envelope and the 30m wide biological buffer. A consequence of the proposed reduction of the buffer width from 30m to 5m is that the rear yards of the residential allotments along Fredericks Road would open up to the following potential further development:
Residential development – the rear yards of the allotments along Fredericks Road could potentially be developed for secondary dwellings and dual occupancies (where the existing dwellings have sufficient area to construct a driveway around the existing dwelling to the rear yards); and
Subdivision – the minimum allotment size under the Lismore LEP 2012 of the Perradenya Estate is 1,000m2 and the majority of the lots along Fredericks Road are greater than 2,000m2, with all but one being greater than 1,800m2 in area. Lots could potentially be subdivided where they could meet the minimum lot size requirements and be able to achieve an access handle between the existing dwelling and side boundary.
Future residential development in the rear yards of the allotments along Fredericks Road was not the intention of the original consent and would further increase the potential for land use conflicts with the rural land uses to the north, particularly potential changes in rural uses.
Suitability of the Site for the Development The proposed modification is not considered to result in unacceptable land use conflicts and therefore, if approved, is not considered to unreasonably compromise the suitability of the site for the approved development.
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 69 Development Consent 5.1998.7.4 - Perradenya Subdivision
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Public Interest Given the historical compliance issues with the 30m biological buffer and that the proposed modification is not considered to result in unacceptable land use conflicts it is considered that the proposed modification is satisfactorily in the public interest.
Section 94 Contributions Plan The proposed modification will not result in any increased demand for public services and amenities and therefore no additional levies are applicable to this application.
Applicable Regulations The proposed modification is not inconsistent with the provisions of the EP&A Regulation 2000.
Relevant Council Policies The proposed modification is not considered to be inconsistent with any relevant Council policy.
Roads Act Approvals The proposal modification does not relate to works within the public road reserve, and as such, no further permits under the provisions of s.138 of the Roads Act are required.
Local Government Act Approvals The proposal modification does not requires further approval under the provisions of s.68 of the Local Government Act.
All Likely Impacts of the Development All likely impacts of the proposed development have been considered within the context of this report.
ENVIRONMENTAL APPRAISAL CONSIDERED
1. Statutory Controls Yes
2. Policy Controls Yes
3. Design in relation to existing building and natural environment Yes
4. Landscaping/Open Space Provision Yes
5. Traffic generation and Car parking provision Yes
6. Loading and Servicing facilities Yes
7. Physical relationship to and impact upon adjoining development Yes (Views, privacy, overshadowing, etc.)
8. Site Management Issues Yes
9. ESD Principles and Climate Change Yes
10. All relevant S79C considerations of Environmental Planning Yes and Assessment (Amendment) Act 1979
Owners Consent Clause 49(1)(b) of the EP&A Regulation 2000 states that a development application may be made by the owner of the land to which the development application relates or by any other person, with the consent in writing of the owner of that land.
The s4.55 Application to Modify Consent was lodged by Newton Denny Chapelle (who are not a landowner) and included written owners consent from Rous County Council, who are the developer of
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 70 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report the approved subdivision and the owner of the large residual development lot. The s4.55 Application to Modify Consent however also applies to twenty one (21) other allotments and written consent to the application has not been obtained from these landowners.
In view of the above, prior to the grant of consent to the proposed modification, written consent to the s4.55 Application is to be provided from the applicable landowners. To facilitate this, the recommendation of this report proposes to delegate authority to the General Manager to determine the s4.55 application once all the written owners consents have been received.
Alternative Determination Options Refuse to grant consent Contrary to the recommendation of this report to approve the s4.55 application, Councillors may form a different view of the impact of the proposed modification and what is in the public interest. In particular, the Council may form a view that the proposed modification to the 30m biological buffer: will increase the potential for land use conflicts should the adjoining rural land to the north and east of the estate be converted to more intensive agriculture (i.e. horticulture) as it has been used in the past; and will open up to the residential allotments along Fredericks Road to potential further development (residential development and subdivision), which was not the intention of the original consent and would further increase the potential for land use conflicts should the adjoining rural land to the north and east of the estate be converted to more intensive agriculture.
In accordance with the above, Councillors may decide to not support the grant of consent of the s4.55 Application to Modify Consent. If Councillors wish to pursue such an alternative resolution, it is recommended that staff be contacted to assist in the drafting of such resolutions prior to the Council meeting.
Approve modification with increased landscape buffer As a minor alternative to the recommendation of this report, Councillors may form the view to approve the s4.55 Application to Modify consent with an increase in the width of the landscaped buffer (say from a 5m to a 10m landscaped buffer).
Compliance Action Proposed Modified 5m landscape buffer If, in accordance with the recommendation of this report, the Council were to support the proposed modification then it is considered to be reasonable that the applicable landowners along Fredericks Road be given twelve (12) months to complete the planting of the 5m landscape buffer.
Existing 30m biological buffer If however, Council were to refuse the proposed modification then a decision would also need to be made as to whether or not Council take compliance action against the residential landowners to reinstate the 30m biological buffer. In this regard, it is recommended that Council resolve to either: 1. take immediate compliance action to have the relevant landowners reinstate the 30m biological buffer; or 2. defer taking compliance action until such time as land use conflicts arise, for example as a result of more intensive rural land uses occurring on the adjoining land. If this option were to be pursued, it is recommended that Council write to the relevant land owners putting them on notice that it will enforce compliance with the 30m biological buffer should future land use conflicts occur between their properties and the adjoining rural land uses.
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 71 Development Consent 5.1998.7.4 - Perradenya Subdivision
Report Comments Finance Not Required.
Conclusion The original Development Consent 1998/7 for the Perradenya Subdivision required a 30m biological buffer to be established on all lots fronting Fredericks Road to mitigate potential land use conflicts with the adjoining rural land to the north and east. The approved 30m biological buffer was planted, however for various reasons has largely been removed from all lots fronting Fredericks Road, resulting in a non- compliance with the development consent.
The adjoining rural land to the north of the Perradenya subdivision has in part changed use over the past 20 years and is now the predominant use is low intensity grazing of stock. The grazing of stock represents a much lower risk of potential conflict with the residential subdivision than horticultural uses and as a result requires a smaller buffer area.
The change in adjoining rural land uses combined with the non-compliances with the approved 30m biological buffer has resulted in the subject s4.55 Application to Modify Consent seeking to replace the approved 30m wide biological buffer with a 5m wide landscape buffer.
As detailed above in this report, the proposed modification is not considered to result in unreasonable conflicts with the existing and established rural land uses to the north and east. Accordingly, the assessment report concludes that the proposed modification will not unreasonably compromise the suitability of the site and would be satisfactorily in the public interest.
Contrary to the above however, should the Council, for reasons outlined above in this report, determine to refuse the s4.55 application then a concurrent decision would also need to be made as to whether or not compliance action is taken against the residential landowners to reinstate the 30m biological buffer.
Attachment/s There are no attachments for this report.
Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 72 Development Consent 5.1998.7.4 - Perradenya Subdivision
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Lismore City Council Meeting held 11 September 2018 - S4.55(2) Application to Modify 73 Development Consent 5.1998.7.4 - Perradenya Subdivision
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8. S4.55(1A) Application to Modify Development Consent 5.2010.77.4 - Cameron Road Subdivision Report Subject S4.55(1A) Application to Modify Development Consent 5.2010.77.4 - Cameron Road Subdivision TRIM Record No BP18/1239:DA10/77-06
Prepared by Senior Development Assessment Officer (Planning)
Reason Council Determination of S4.55(1A) Application to Modify Consent
Strategic Theme Our built environment
Strategy Our built environment is managed and enhanced to meet the needs of our growing community. Action Ensure new development enhances the area in which it is located.
Executive Summary On 8 March 2011, Council approved Development Application No. 5.2010.77.1 for a sixty-two (62) Lot Rural Residential Subdivision, known as the Cameron Road Subdivision. The DA incorporated elements from a Planning Agreement that were executed at the rezoning stage for road works and community infrastructure. Stages 1, 2 and 3 of the approved Subdivision have been completed and the developer is in the process of commencing works for the final Stage 4.
On 31 May 2018, Council received a Section 4.55 Application to Modify Development Consent 2010/77 to: amend the location of the access handle to Lot 427; and amend the requirements of the consent relating to the former Crown Road Reserve adjacent to lots 405 and 406.
A consequence of the s4.55 Application to Modify Consent is that the executed Voluntary Planning Agreement for the subdivision is required to be amended, via a Deed of Amendment, to reflect the proposed amendments that are the subject of the s4.55 Application. The amended Voluntary Planning Agreement (Deed of Amendment) is required by the Environmental Planning & Assessment Regulation 2000 to be publicly exhibited for 28 days.
The purpose of this report is to: 1. inform the Council that a s4.55 Application to Modify Consent has been lodged with Council and that as a consequence, the Planning Agreement for the approved development will need to be amended, via a Deed of Amendment, to reflect the proposed modifications; 2. seek a resolution that the proposed amendments to the Cameron Road Planning Agreement (Deed of Amendment) reflecting the Section 4.55(1A) Application to Modify Consent be received and placed on public exhibition in accordance with the Environmental Planning & Assessment Regulation 2000; and 3. seek delegated authority be granted to the General Manager to execute the amended Planning Agreement (Deed of Amendment) that reflects the s4.55 Application to Modify Consent, in the event that no submissions are received at the conclusion of the mandatory public exhibition period.
The proposed Section 4.55 Application to Modify Consent is not proposed to be reported to Council for determination.
Lismore City Council Meeting held 11 September 2018 - S4.55(1A) Application to Modify 74 Development Consent 5.2010.77.4 - Cameron Road Subdivision
Report
Recommendation Recommendation That: 1. Council grant authority for proposed amendments to the Cameron Road Planning Agreement (Deed of Amendment) reflecting the Section 4.55(1A) Application to Modify Consent to be received and placed on public exhibition in accordance with clauses 25D and 25E of the EP&A Regulation 2000; and 2. delegated authority be granted to the General Manager to execute the amendments to the Cameron Road Planning Agreement (Deed of Amendment) to reflect the determination of the s4.55 Application to Modify Consent, in the event that no submissions are received at the conclusion of the mandatory public exhibition period.
Background Rezoning & Planning Agreement The rezoning (planning proposal) included a Planning Agreement for road works and community infrastructure known as the ‘Cameron Road Planning Agreement’, which was originally negotiated as part of the rezoning process of the land for subdivision purposes. Contributions have been collected at each subdivision stage, and have been reserved for Council to implement infrastructure planning. The contributions for the community hall have been transferred to the Hall Committee to be applied to upgrading works of that facility.
Development Consent (2010/77) Council approved Development Application No. 5.2010.77.1 on 8 March 2011 for a Sixty-Two (62) Lot Rural Residential Subdivision involving eight parcels of land along Cameron and Boatharbour Road, McLeans Ridges.
The provisions of the Cameron Road Planning Agreement were incorporated into the development consent.
Section 4.55 Applications to Modify Consent Council has approved two (2) subsequent s4.55 applications to modify consent. These modifications related to: staging the approved subdivision; and modifying the following elements: a. the staging plans; b. the standard of Cameron Road and the cul-de-sac radius of Road 1; c. additional removal of native vegetation where impacted by road construction and services; d. design and location of the pedestrian / cycling footpath; e. deletion of one bus bay and 2 bus shelters; and f. ecological conditions 62, 63 & 72.
Amendments to the Planning Agreement The approved planning agreement has been amended on the following three (3) occasions: In August 2013 to reflect the first s4.55 Application to modify consent; In March 2014 to delete Clause 18, which related to the provision of security relating to certain subdivision works; and In September 2016 to reflect the second s4.55 Application to modify consent.
Lismore City Council Meeting held 11 September 2018 - S4.55(1A) Application to Modify 75 Development Consent 5.2010.77.4 - Cameron Road Subdivision
Report Description of Proposed Modification The proposed Section 4.55(1A) application seeks to modify the original consent as follows: to amend the location of the access handle to Lot 427; and to amend the requirements of the consent relating to the former Crown Road Reserve adjacent to lots 405 and 406.
Modify the Access Handle for Lot 427 The access handle to Lot 427 was approved to come off Road 1. The proposed Section 4.55(1A) application seeks to amend the location of the access handle to now connect to Cameron Road. The below plan shows the proposed amendment to the access handle.
In support of the proposed modification that applicant provided the following justification for the proposed modification: the approved location of the battle-axe handle would have to be constructed on significant fill given Road 1 has to be constructed on several metres of fill to protect existing trees on adjoining lots; the approved location of the battle-axe handle for Lot 427 off Road 1 is across an existing gully, which when filled will impact upon drainage natural patterns and result in the need for significant stormwater infrastructure to be constructed to facilitate the stormwater discharge through this gully; and the construction of the battle axe handle through the gully will likely result in high construction costs and construction delays.
Modify the Conditions 6 and 34 (Crown Road) The Crown (Department of Industry (Lands and Forestry)) has recently closed a Crown Reserve Road, shown in yellow on the below plan, which was located between proposed lots 405 and 406 in stage 4 of the approved development. That area of land is now known as lot 2 in DP1237650 and has been sold to the adjoining owner of lot 1in DP441201.
Lismore City Council Meeting held 11 September 2018 - S4.55(1A) Application to Modify 76 Development Consent 5.2010.77.4 - Cameron Road Subdivision
Report
Conditions 6 and 34 of the subject development consent refer to a requirement for access to the former Crown Reserve Road. As detailed below, the wording of those conditions is proposed to be amended to reflect the new status of the land.
Condition 6 currently reads:
6 Prior to the issue of a Subdivision Certificate for Stage four (4) the proponent shall dedicate to Council as road reserve a parcel of land as detailed on the RPS Drawing 115669-PP-1(4), which is located between lots 405 and 406 and connects "New Road" through to the existing
Lismore City Council Meeting held 11 September 2018 - S4.55(1A) Application to Modify 77 Development Consent 5.2010.77.4 - Cameron Road Subdivision
Report unconstructed road reserve which lies between lot 123 DP 731488 (proposed residual lot 430) and lot 1 DP 441201.
Reason: To ensure an adequate road network in accordance with adopted standards (EPA Act Sec 79C (a)).
Condition 6 is proposed to be modified to read:
6 Prior to the issue of a Subdivision Certificate for Stage four (4) the proponent shall ensure that the subdivision plan has the new Road, to be dedicated to Council as public road (Road 1), providing direct frontage and legal access from that road to lot 2 in DP1237650.
Reason: To ensure an adequate road network in accordance with adopted standards (EPA Act Sec 79C (a)).
Condition 34 currently reads:
34 Prior to the release of the subdivision certificate for stages two (2), three (3) and four (4), a vehicular access from the road pavement to lots 303, 403, 416, 427,206, 207, 313, and 308 and the unconstructed road reserve between lots 405 and 406, as well as any existing access, shall be provided by the construction/upgrading of a crossing, in accordance with the Council's Design and Construction Specification for Vehicular Access.
Reason: To ensure adequate access to and from the development (EPA Act Sec 79C(c)).
Condition 34 is proposed to be modified to read:
34 Prior to the release of the subdivision certificate for stages two (2), three (3) and four (4), a vehicular access from the road pavement to lots 303, 403,416, 427, 206,207, 313, and 308 and the lot 2 in DP1237650 between lots 405 and 406, as well as any existing access, shall be provided by the construction/upgrading of a crossing, in accordance with the Council's Design and Construction Specification for Vehicular Access.
Reason: To ensure adequate access to and from the development (EPA Act Sec 79C(c)).
Key issues to be assessed as part of s4.55 Application The key issues to be considered in the assessment of the s4.55 application to modify consent include: the suitability of the new vehicular access for Lot 427 onto Cameron Road; ensuring the any existing requirements for the access handle of Lot 427 (i.e. landscaping) are retained in the modified consent; stormwater impacts; and ensure that the modified wording to Conditions 6 and 34 achieves the intent of the original conditions and does not compromise vehicular access to any adjoining allotments.
NB: Full details of the s4.55 Application to Modify Consent can be viewed on Council’s DA tracker (using the DA No. 2010/77 as a reference); and At this stage it is not proposed to report the s4.55 Application to Modify Consent to Council for determination given the relatively minor nature of the amendments.
Amendment to Planning Agreement (Deed of Amendment) The Planning Agreement for the approved development will again need to be amended, via a Deed of Amendment, to reflect the proposed amendments as part of this s4.55 Application. In this regard, the
Lismore City Council Meeting held 11 September 2018 - S4.55(1A) Application to Modify 78 Development Consent 5.2010.77.4 - Cameron Road Subdivision
Report applicant has proposed that the Planning Agreement will only need to be amended to reflect the proposed modifications to the stamped approved plan for Stage 4 of the subdivision (access handle to Lot 427 and former Crown Road reserve).
The amended Planning Agreement (Deed of Amendment) is required by the EP&A Regulation 2000 to be publicly exhibited for 28 days.
In view of the above, the purpose of this report is to:
seek a resolution to receive the Deed of Amendment (amended Planning Agreement) in accordance with the terms of an approved s4.55 Application;
seek a resolution to put the Deed of Amendment on public exhibition for 28 days in accordance with the EP&A Regulation 2000; and
seek delegated authority to the General Manager to execute the amended Planning Agreement (Deed of Amendment) that reflects the s4.55 Application to Modify, in the event that no submissions are received to the mandatory public exhibition.
Locality Map
Description of Site and Locality The site of the approved subdivision is made up of eight (8) parcels of land along Cameron and Boatharbour Road, McLeans Ridges and has a combined land area of 151.486 hectares + Crown Roads.
Lismore City Council Meeting held 11 September 2018 - S4.55(1A) Application to Modify 79 Development Consent 5.2010.77.4 - Cameron Road Subdivision
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The immediate locality is predominated by a mix of rural and rural residential allotments/uses. The locality is characterised by the following: dwelling houses and ancillary domestic structures on rural residential lots; dwelling houses and ancillary rural structures on larger rural (agricultural lots); productive agricultural uses including cattle grazing and intensive horticulture; and stands of bushland vegetation.
Essentially the site comprises two ridges running generally in a north-south direction together with east and west facing side slopes. The land upon which the rural residential lots are approved is elevated and situated generally along the ridge.
Due to the elevated nature of the land it is reasonably visible in the local catchment, particularly when viewed from the north, west and south.
Vehicular access to the approved lots will be via an upgrade to Cameron Road plus the construction of three new roads with terminating cul-de-sacs off Cameron Road.
Comments Finance Not required.
Councillor briefing At the Councillor briefing held on 21 August 2018, a question was raised as to whether the proposed modification impacts upon the landscaping of the battle-axe handle / driveway of Lot 427. In response to this question, the following comments are made: Condition 63B of the development consent requires a 5m landscape buffer along the street frontages of a number of approved lots, however not approved Lot 427; Condition 72 of the development consent requires a 5 m wide ‘no-build’ area to be maintained along the side boundaries of all lots in Stage 2, 3 and 4, which includes Lot 427. This no build zone does not relate to access-handles and therefore the proposed modification will not compromise the ability of Lot 427 to comply with this requirement; and the development consent does not include any requirement relating to the landscaping of approved battle-axe handles / driveways.
Conclusion On 8 March 2011, Council approved Development Application No. 5.2010.77.1 for a Sixty-Two (62) Lot Rural Residential Subdivision, known as the Cameron Road Subdivision. The DA incorporated elements from a Planning Agreement that were executed at the rezoning stage for road works and community infrastructure.
Council has recently received a Section 4.55 Application to Modify Development Consent 2010/77 to: 1. amend the location of the access handle to Lot 427; and 2. amend the requirements of the consent relating to the former Crown Road Reserve adjacent to lots 405 and 406.
A consequence of the s4.55 Application to Modify Consent is that the approved Planning Agreement for the subdivision is required to be amended, via a Deed of Amendment, to reflect the proposed amendments subject of the s4.55 Application.
Lismore City Council Meeting held 11 September 2018 - S4.55(1A) Application to Modify 80 Development Consent 5.2010.77.4 - Cameron Road Subdivision
Report The amended Planning Agreement (Deed of Amendment) is required by the EP&A Regulation 2000 to be publicly exhibited for 28 days.
Attachment/s There are no attachments for this report.
Lismore City Council Meeting held 11 September 2018 - S4.55(1A) Application to Modify 81 Development Consent 5.2010.77.4 - Cameron Road Subdivision
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9. s4.55(1A) Modification of DA15/165 for Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah Report Subject s4.55(1A) Modification of DA15/165 for Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah TRIM Record No BP18/1173:DA15/165-02
Prepared by Development Assessment Officer (Planning)
Reason For Council determination
Strategic Theme Our built environment
Strategy Our built environment is managed and enhanced to meet the needs of our growing community. Action Ensure new development enhances the area in which it is located.
Executive Summary Consent was granted to the proposed subdivision of DP 1103669 lot 1, 224 Invercauld Road, Goonellabah and DP 883865 lot 1, 1 Florence Street, Goonellabah into 134 lots residential allotments, one open space allotment, construction of internal roads, stormwater treatment, drainage features, removal of vegetation, landscaping and associated infrastructure on 25 July 2016, following determination of the matter by Council.
Council is in receipt of a section 4.55(1A) application for modification of the original consent. The applicant seeks the following modifications:
(1) Revise staging to increase from 4 to 6 stages (2) Realign the access road further to the north and remove the requirement for retaining walls on the northern side/part of the southern side of the access road in lieu of landscaped batters (3) Reduce the concrete pathway on Road 1 from 2.5m to 2m (4) Remove pervious link road and reduce the width of the medians (5) Minor revisions to lot boundaries
The major issues for consideration relate to the proposed removal of the pervious link road and reduction in the width of the medians. The proposed removal of these important design elements does not accord with best practice in urban design however, it may be considered that the open space areas can compensate for any perceived loss of amenity.
Full copies of all relevant documents are publicly available on Council’s DA Tracking website, or via the Hub for Councillors.
The application has been referred to Council for consideration as it has been called up for determination in accordance with Council policy.
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 82 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report Recommendation Recommendation That: 1. Proposed s4.55(1A) Modification of Development Application No. 2015/165 lodged on 22 June 2018 (and as subsequently modified in accordance with the provisions of cl.55 of the Environmental Planning & Assessment Regulation 2000) for the subdivision of be approved subject to the imposition of conditions (as amended) in Attachment 6 attached to this assessment report to achieve the following outcomes: No. Proposed Amendment Staff recommendation 1 Revised staging Approval 2 Realign the access road and landscape batters Approval 3 Reduce the concrete pathway width Approval 4a Remove the internal link road Not supported 4b Reduce the width of the median strips Approval 5 Minor revision to lot boundaries Approval
Background Development Consent 2015/165-1 The application was initially considered by Council on 10 November 2015 and a further report presented to Council on 8 December 2015 following an urban design workshop with Kobus Menz (17 November 2015). Following the receipt of additional information as specified by Council resolution the application approved by delegated granted to the General Manager subject to the imposition of conditions of consent. The approved subdivision plan is shown below at Figure 1.
Figure 1: Stamped approved plans DA2015.165.1
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 83 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
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S4.55(1A) Modification application The property is in the new ownership of the McCloy Group. The McCloy Group submitted an application for s.4.55(1A) Modification of the original consent on 22 June 2018 (see Attachment 1) as follows:
(1) Revise staging to increase from 4 to 6 stages (2) Relocate proposed open space/park (3) Realign access road (4) Removal of pervious link road (5) Reduced width of landscaped medians (6) Further subdivision of western allotment (former Lot T199)
Request for Additional Information Following the lodgement of the application a request for additional information was forwarded to the applicant on 26 June 2018 seeking:
1. Provide justification that the application is considered to be Section 96(1A) rather than s96(2), on the basis of the number of proposed changes, particularly the proposed additional lots 302 and 509, and subsequent potential impact on Hairy Joint Grass (HJG) as a result of sites being available for future dwelling houses. 2. Provide an assessment of any impact on HJG as a result of the proposed modifications including reference to the Biodiversity Conservation Act 2016. 3. Provide further justification for the proposed reduction in size of the median strips and provide detail of what is proposed to be planted within the medians. 4. Address the provisions of DCP Chapter 5A Urban Residential Subdivision, particularly the proposed removal of the link road with regard to traffic calming, safety, amenity and connectivity. 5. Address the provisions of DCP Chapter 13 CPTED, particularly in relation to the inclusion of battle-axe allotments 302, 314, 403 and 509. 6. Provide full details of all proposed changes and full re-wording required to the conditions of development consent and ensure that this list covers every condition that requires amendment. 7. Provide further detail and clear plans showing any proposed tree removal that may be required as a result of the proposed creation of Lot 611 and 612 and demonstrate how the trees can be retained along with the construction of dwelling on those lots. 8. Indicate on the plans the Fig Tree proposed for “possible” retention. 9. It is noted that the previously approved Lot T93 is now shown as Lots 407 and 408 and it must be demonstrated that the tree on Lot 408 can be retained along with the construction of a dwelling without the necessity for removal of this tree. 10. Please note that NSW Office of Water will also be notified of the proposed modifications.
A further request for additional information was forwarded on 27 July 2018 as follows:
1 Provide an assessment of the impact of the proposed layout modification on the local population of Hairy Joint Grass. 2 The assessment should consist of a 7 part test to determine the impact of the revised layout accompanied by a plan showing the building envelopes (BLEs) for the western lots. 3 This information will enable Council to determine whether the proposed amendment warrants any further ecological assessment. 4 Please provide further ecological assessment of the trees proposed for removal in Lots 611 and 612, and demonstrate that future dwelling construction will not result in further loss of trees.
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 84 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report S4.55(1A) Modification application (as amended by cl.55) Following further discussions with Council regarding the proposed modifications the applicant has subsequently requested that the application be amended in accordance with cl.55 of the Environmental Planning & Assessment Regulation 2000 (see Attachment 2) as follows:
(1) Revise staging to increase from 4 to 6 stages (2) Realign the access road further to the north and remove the requirement for retaining walls on the northern side/part of the southern side of the access road in lieu of landscaped batters (3) Reduce the concrete pathway on Road 1 from 2.5m to 2m. (4) Remove pervious link road and reduce the width of the medians; (5) Minor revisions to lot boundaries
The amended subdivision plan is shown below at Figure 2.
Figure 2: Proposed Subdivision Plan
Description of Locality The subject land has an area of 20.52 hectares (Lot 1 DP 1103669) and 0.99 hectares (Lot 1 DP 883865). Adjoining development consists of grazing land to the north, immediately east and south of the site and generally residential development to the west. There is some larger lot residential allotments land to the east of the site fronting Skyline Road.
The site is currently vacant and has historically been utilised for agricultural pursuits, particularly grazing and is accessed via Invercauld Road.
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 85 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report The existing site has a northerly and easterly aspect. The majority of the site is gently to moderately sloping (7-10%) to the east with steeper slogs along the western boundary and northern entry (20-30%).
Locality Map
Figure 3: Locality Map
Section 4.55 of the EP&A Act 1979 The application is made pursuant to section 4.55(1A) of the Environmental Planning and Assessment Act 1979 (EP&A Act), which requires Council to be satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted.
In this regard Council is satisfied that the modifications as proposed by this application are in accordance with the provisions of section 4.55(1A) of the EP & A Act and the development as amended will be substantially the same development for which consent was originally granted.
Proposed in accordance with the provisions of section 4.55(1A) are the following modifications with reasons provided for each request:
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 86 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report 1 Revise staging of the proposed development from 4 to 6 stages (a) A reduced number of lots within each stage will enable development to occur in a more economically feasible manner; (b) Due to the significant infrastructure outlay required for the first stage, a reduction to the size of each stage provides for more manageable delivery of Stage 1 and subsequent stages (c) For greater construction efficiency the stage boundaries have been altered to provide lots on both side of the road where possible (d) Proposed staging plan shown below at Figure 4
Figure 4: Proposed Staging Plan
Assessing Officer comments: Council supports the proposed changes to the staging of the development from 4 to 6 stages.
2 Realign the access road and include landscape batters (a) Reduce the extent of earthworks and retaining required (b) Batters on either side of access road (in lieu of concrete crib walls) treated with low maintenance landscape covering (c) Addresses erosion and sediment control (d) Maximum grade of 1:2
Examples of the landscaped batters are as shown below at Figure 5.
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 87 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report
Figure 5: Landscaped batters
Information relating to the planting and treatment of the landscape batters and a maintenance program have been provided by the applicant and are attached to this report as Attachment 3.
Assessing Officer comments: The proposed realignment of the access road and the change from crib walls to landscape batters is supported. This issue is discussed in further detail by Council’s Development Engineer.
3 Reduce the concrete pathway width (a) Shared pathway 2.5m width not sufficient space within road reserve (b) 0.5m width reduction allows space for a services corridor (c) Council’s Development Engineer supports reduction in width (d) DCP Chapter specifies 1.5m pathways on a local street
Figure 6: Entry road cross-section
Assessing Officer comments: Council supports the proposed reduction in pathway width. This issue is discussed in further detail by Council’s Development Engineer.
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 88 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report
4 Remove the link road and reduce size of the medians (a) Planted trees as shown on approved plans in median strips become a traffic hazard and maintenance issue for Council (b) Medians obstruct turning movements onto a number of lots (c) Link road only services 4 residential lots (d) Alternate means of traffic calming more suitable (e) Revised scheme incorporates one new street tree per lot
Figure 7: Current Plan Figure 8: Proposed Plan
Assessing Officer comments: There is no objection to the changes to the median strips on the basis that there is an understanding that the surrounding parkland and reserve areas are to be landscaped to a high standard. This matter is discussed further by Council’s Development Engineer with regard to stormwater management.
However, on the basis of good urban design principles the removal of the internal link road is not supported. Council’s Development Engineer provides discussion relating to the issue of the link road requirement to be pervious and the maintenance issues associated with such a surface. It is considered appropriate to retain the link road to encourage pedestrian movement throughout the subdivision. An alternate surface that is not pervious is considered the most appropriate option in this regard to address maintenance but to also add a “point of difference” in urban design for this development.
5 Minor revisions to lot boundaries (a) Lot boundaries slightly modified to adapt to visual and solar opportunities (b) Additional two lots (see plans on next slide) (c) Lot 407 created by subdividing approved Lot T67 (two road frontages) (d) Lot 508 created by decreasing frontages of Lots T120-128 (e) All lots exceed minimum lot size specified in LLEP 2012
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 89 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report
Figure 9: Proposed changes to lot boundaries
Assessing Officer comments: The proposed minor changes to the lot boundaries are supported.
Summary Assessment of the proposed modifications: No. Proposed Amendment Staff recommendation 1 Revised staging Approval 2 Realign the access road and landscape batters Approval 3 Reduce the concrete pathway width Approval 4a Remove the link Not supported 4b Reduce the width of the median strips Approval 5 Minor revision to lot boundaries Approval
Consideration of relevant planning matters Section 4.55(3) of the EP&A Act 1979 states: In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application.
The matters referred to in section 4.15(1) of the EP&A Act 1979 include: the provisions of the Lismore Local Environmental Plan 2000, State Environmental Planning Policies, the Draft Lismore Local Environmental Plan 2010, the Lismore Development Control Plan; the likely impacts of the development; the suitability of the site for the development; any submissions made; and the public interest.
Lismore Local Environmental Plan 2012 (LEP) The section 4.55 application is not considered to be inconsistent with the objectives of the subject R1 General Residential Zone. There are no other provisions of the LEP that are considered to be directly applicable to the section 4.55 application.
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 90 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report Lismore Development Control Plan (DCP) Part A, Chapter 6 – Subdivision and Infrastructure (Village and Rural Subdivision) The applicant has provided the response to the relevant elements in the DCP Chapter attached to this report as Attachment 4.
The proposed modification is not considered to compromise compliance of the approved subdivision with any other provisions of this chapter of the DCP.
Part A, Chapter 10 – Notification and Advertising of DA’s The section 4.55 application was publicly exhibited satisfactorily in accordance with the requirements of this Chapter.
Internal Referrals Environmental Health The application has been reviewed and comments provided, with no objections raised and no proposed amendments to any conditions of consent relating to environmental health matters.
Water and Sewer Application seeks to amend an existing approved new residential development / subdivision of a total of 135 Lots from two existing lots. Council has previously investigated and consider that adequate services for water supply and sewerage is available to service the site. In particular the sewage will discharge into the newly constructed Southern Trunk Main.
WATER REQUIREMENTS Water supply works are required including new water main infrastructure and must be constructed subject to s68 application and approval prior to issue of a Construction Certificate. Refer to conditions.
SEWER REQUIREMENTS Sewerage works are required including a new Pump Station and new sewer main infrastructure. Construction is subject to s68 application and approval prior to issue of a Construction Certificate. Refer to conditions.
LEVIES Section 64 levies do apply to this development.
All proposed new lots will be subject to contributions. Some Lots are in excess of 2000m2 therefore these Lots will require 1.2ET for water supply.
A summary of Lots includes:- Section 64 Summary for DA15/165.2 for 135 Lot development No. of Std Large ET's Stage Lots Lots Lots Water ET's Sewer Levies - $ 1A 1 1 0 1 1 21,651 1B 22 21 1 22.2 22 478,332.20 2 21 21 0 21 21 454,671 3 21 21 0 21 21 454,671 4 24 24 0 24 24 519,624 5 19 19 0 19 19 411,369 6 27 24 3 27.6 27 590,607.60 2,930,925.80
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 91 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report Section 64 Summary for DA15/165.2 for 135 Lot development No. of Std Large ET's Stage Lots Lots Lots Water ET's Sewer Levies - $ LCC Water 1,463 per ET Rous Water 8,588 per ET LCC Sewer 11,600 per ET 21,651 / std / ET 23,661.20 / large /ET
Payment of contributions will be linked to each stage of construction prior to release of a Subdivision Certificate.
CONDITIONS No proposed changes or additions to the original development consent conditions.
Attached Schedule Table A amended to reflect new Staging plan, Lot configurations and current values.
Engineering/Traffic/Stormwater Drainage Realignment of Road 1 As the retaining walls associated with the construction of Road 1 will be in Council road reserve and any reduction to size will be a positive outcome for the whole of life costs. Therefore the realignment of Road 1 will provide Council with a better outcome.
Furthermore the change from Crib retaining walls to 1 in 2 batters has been endorsed by the Assets section of Council. The only requirement is that these batters be maintained for a period of 2 years at no cost to Council. Crib wall requirements have been removed from conditions.
Removal of the Link Road The original link road was only going to service lots 46, 47, 70 and 71 and would have required substantial public infrastructure just to service the 4 lots. The proposed reconfiguration and removal of the link road will result in 2 battle axe lots (314 and 403). The road network in the development is designed as such that vehicles do not need the link road to efficiently manoeuvre throughout the development.
The link road is not required to be a pervious surface as the drainage contained within Roads 3 and 4 along with the inter-allotment drainage proposed to all lots will provide for adequate stormwater conveyancing to the detention basins. Therefore in regards to stormwater quantity the removal of the “pervious” part of the link road will not affect the overall stormwater objectives of the development.
Concern is raised that where a pervious road is not maintained well enough (pervious sections filling with debris) it will not act as pervious and will defeat the point of its design. Furthermore maintenance issues could lead to failures as highlighted above. Assets have advised that they would rather not maintain a pervious road. As can be seen by the pervious shoulder in the Perradenya Estate which is currently not maintained well enough.
Any failure of a pervious road is expected to be more severe and frequent to that of a non-pervious road given that the water generally soaks through the pavement instead of being conveyed through kerb, gutters and pipes. Any failure therefore is estimated to be more costly compared to a standard non- pervious roadway.
However, alternative options could be considered to retain the link road as public infrastructure on the basis that a surface that is not pervious would be preferred.
Reduction in Median Sizing
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 92 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report The additional information provided by the applicant with plans detailing the medians will only help to improve sight distance at the intersections. The reduced size and low plantings will provide for a much better outcome at the intersections and provide drivers with a more recognisable intersection layout. The applicant has stated that the medians will not be used for any stormwater detention device and that all stormwater will be directed to the detention basin. These comments are supported as the medians are not required for stormwater purposes.
STORMWATER (Quantity) The impervious areas of the subdivision have not changed with this modification and therefore the storm water devices that were previously approved will remain adequate.
TRAFFIC IMPACT The additional 2 lots yielded by the subdivision will increase traffic numbers by approximately 13 vehicles per day. The surrounding road network has the capacity to cater for this minor increase.
PEDESTRIAN SAFETY The applicant has requested that the pathway along road 1 be modified from 2.5m in width to 2m, this modification is supported by the Development Engineer as it still maintains consistency with the Development Control Plan (1.5m width required for a local street). Furthermore the Austroads Guide to Road Design Part 6A: Pedestrian and Cyclist Paths reveals that for a low use local access such as the proposed road 1 the minimum requirement for path width is 2m (refer to figure below).
The applicant proposes to provide pedestrian paths on all local streets and access places. The pathways will be 1.5m wide as required by LCC DCP Chapter 5A. Cycling will be ‘on street’ as provided for in DCP Chapter 5A table 1 “Street Network characteristics”.
FLOODING (bulk earthworks, overland flow) The site is not mapped as being affected by the 1% AEP flood event
Landscaping/Urban Design The application has been reviewed and comments provided, with no objections raised and no proposed amendments to any conditions of consent relating to landscaping matters.
Ecology The application has been reviewed and comments provided, with no objections raised subject to the imposition of appropriate conditions which have been included in the draft conditions attached to this report.
Integrated Referrals NSW Office of Water The application was referred to the NSW Office of Water (now known as the Natural Resource Access Regulator) and comments were received on 21 August 2018. Based on a review of the information
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 93 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report provided, the Natural Resources Access Regulator (NRAR) confirms that no changes to the General Term of Approval are required in relation to these modifications.
Rural Fire Service The application was referred and comments were received on 21 August 2018, raising no objection and recommending conditions to be placed on the Development Consent, which have been included within the draft conditions of consent.
Notification/ Submissions The application was notified to adjoining and surrounding property owners and advertised in the Local Matters publication in accordance with the provisions of Chapter 10 of the Lismore DCP for the Notification and Advertising of Development Applications. As a result of the notification and advertising, four (4) submissions were received which are summarised as follows:
Name of Submitter Summary of Issues Raised Relevance Neville Holyoake There is supposed to be an agreed 10 This comment is acknowledged and 6 Stevenson Street metre koala corridor between the rear a response has been sent to Mr Goonellabah property boundaries and the road. Holyoake as follows: Please confirm that this, hard fought for & won, wildlife corridor is to be preserved. “It is confirmed that the only change to the agreed 10 metre koala corridor is that this is being slightly widened, and hence the wildlife corridor is to be preserved.” Brigitte Kaelin Recently purchased her property and was A response was sent to Ms Kaelin 17 Stevenson Street unaware of the previous development advising as follows: Goonellabah approval Would like to know whether the lots “The land in question has been indicated in the plan are for one zoned for the purpose of dwelling/house/building each only or residential development since whether they are being sold off to have 2007. In accordance with the built several dwellings or even multi- story provisions of Lismore Local homes? Environmental Plan 2012 it is permissible (with development consent) for erection of dwelling houses, dual occupancy and residential units on land that is zoned R1 General Residential however, the number is limited by the size of the parcel of land and any constraints, such as slope, on the land.
Council’s Development Control Plan Part A Chapter 1 – Residential Development sets out the various design requirements for development of this nature. The height of any buildings in the R1 General Residential zone is limited to 8.5 metres (AHD).” Denise N Rall and The proposal to move the road further These comments were noted by others north is supported Council staff and a further request Stevenson Street The proposal for an extra two lots, removal for additional information Goonellabah of the link lane, thinning of median strips, forwarded to the applicant removal of further trees as a result of The application was subsequently moving the park seems design to squeeze amended to remove the
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 94 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report Name of Submitter Summary of Issues Raised Relevance more profit and make the developer’s life amendment to lot boundaries easier within the vicinity of Lot T119. Major issue with the splitting up of Lot This lot has been retained in its T119 which was specifically designed to previously approved alignment. retain the 0.53ha of Hairy Joint Grass (HJG). This was as a result of comprehensive Management Plan by previous consultants aimed at minimizing the impact on HJG, with this area being the larges management area.
The applicant requested that the application be amended in accordance with the provisions of cl55. Environmental Planning and Assessment Regulations 2000 and the application was subsequently re- notified to all adjoining owners and submitters, this resulted in no further submissions being received.
SEPP 44 – Koala Habitat Protection This issue was comprehensively addressed in the previous report to Council. The proposed modifications does not impact on any of the previous assessments and there are no changes to relevant conditions of development consent.
SEPP 55 & Contaminated Land Management Issues Following a review of available information, Council is unaware of any contamination affecting the site. The subject site has been considered in the context of Clause 7 of State Environmental Planning Policy 55 and the Contaminated Lands Management Act and is considered unlikely the subject site presents contamination issues such that remediation would be required for the development to proceed.
Section 94 Contributions Plan The proposed development will result in increased demand for public services and amenities as a result of the two additional lots, and therefore Section 94 Contributions are applicable.
The modified following Levies would therefore apply under Section 94 of the Environmental Planning and Assessment Act 1979 and amounts payable are set out below.
Levy Area Receipt No. of Cost Per Amount No. new lots New lot Payable Community Services and Facilities Residential (Urban) 715 134 181.70 24,347.80 Public Domain Facilities Residential (Urban) 723 134 693.68 92,953.12 Open Space and Recreational Facilities - Tucki Tucki Creek - Residential (Urban) 727 134 71.64 9,599.76 - Lismore Park - Residential (Urban) 729 134 242.46 32,489.64 Cycleway Facilities Residential (Urban) 678 134 840.69 112,652.46 Urban Traffic Management Facilities Residential (Urban) 682 134 2,767.71 370,873.14 Stormwater Residential (Urban) 731 134 45.06 6,038.04 Section 94 Plan Administration Residential (Urban) 690 134 118.77 15,915.18
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 95 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report Levy Area Receipt No. of Cost Per Amount No. new lots New lot Payable Total $664,869.14
Likely Impacts of the Development The proposed modifications to the consent granted for DA15/165 subdivision are not likely to have a significant impact on the overall development at the site.
Suitability of the Site for the Development The modifications as proposed by the applicant respond to the constraints of the site as identified by detailed survey. These works have been undertaken with a view to preparation of plans to be lodged for the purpose of seeking a Construction Certificate for all engineering / infrastructure works required to move forward with the development.
The site is considered to be suitable for the purpose of subdivision to facilitate further urban residential development in Lismore.
Public Interest The proposed modifications of development consent are considered in the public interest.
Roads Act Approvals The proposal requires works within the public road reserve, and as such, a permit under the provisions of s.138 of the Roads Act must be obtained prior to those works being undertaken. This requirement is addressed in relevant conditions of consent.
Local Government Act Approvals The proposal requires approval under the provisions of s.68 of the Local Government Act
All Likely Impacts of the Development
All likely impacts of the proposed development have been considered within the context of this report.
ENVIRONMENTAL APPRAISAL CONSIDERED
1. Statutory Controls Yes
2. Policy Controls Yes
3. Design in relation to existing building and natural environment Yes
4. Landscaping/Open Space Provision Yes
5. Traffic generation and Carparking provision Yes
6. Loading and Servicing facilities Yes
7. Physical relationship to and impact upon adjoining development Yes (Views, privacy, overshadowing, etc.)
8. Site Management Issues Yes
9. ESD Principles and Climate Change Yes
10. All relevant S79C considerations of Environmental Planning Yes and Assessment (Amendment) Act 1979
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 96 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report Submitter’s Concerns The matters raised in submissions have been addressed in the body of this report.
Comments Finance Not required for this matter
Options Option 1 – Refuse the request for modification Councillors may form the view that the proponent has not provided an application that is considered appropriate for this location. If Councillors are not convinced any potential impacts on the subdivision design and future residents’ amenity have been satisfactorily addressed, then this is the appropriate course of action. This course of action contains significant risk to Council and is discouraged.
Option 2 – Approve the request for modification as submitted Councillors may form the opinion that the proposed application has merit and that the proposed modifications are acceptable. This course of action is considered appropriate should all of the modifications as proposed be considered appropriate.
To facilitate the granting of consent to the proposed modifications Draft Conditions of development consent have been attached to this report as Attachment 6.
Option 3 – Approve the request for modification with variations Councillors may form the opinion that the proposed application has merit apart from the modifications to the lot layout which results in the removal of the link road and the reduction in size of the median strips. In this circumstance the conditions of consent can be modified to include performance criteria that must be addressed prior to the issue of any Construction Certificate for engineering / infrastructure works.
Council staff can assist with the drafting of appropriate changes to the conditions of development consent if requested.
Conclusion The provisions of Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 have been satisfactorily addressed and assessed as acceptable. The application is recommended for approval subject to the imposition of appropriate conditions of development consent as set out in Attachment No 6.
Attachment/s 1. McCloy Request for cl.55 amendment 2. McCloy Group seeking cl.55 amendment to s4.55(1A) Modification applicaiton DA15/165 3. EcoBerm - Landscape Batters plantings and maintenace 4. McCloy Group DCP 5A Asssessment 5. Table of Amendments to Conditions of Consent (Over 7 pages) 6. Draft Amended Conditions of Development Consent
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 97 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Request for cl.55 amendment Attachment 1
McCloy Request for cl.55 amendment
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 98 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Request for cl.55 amendment Attachment 1
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 99 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Request for cl.55 amendment Attachment 1
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 100 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Request for cl.55 amendment Attachment 1
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 101 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Request for cl.55 amendment Attachment 1
McCloy Group seeking cl.55 amendment to s4.55(1A) Modification applicaiton DA15/165
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 102 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Request for cl.55 amendment Attachment 1
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 103 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Request for cl.55 amendment Attachment 1
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 104 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Request for cl.55 amendment Attachment 1
EcoBerm - Landscape Batters plantings and maintenace
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 105 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Group DCP 5A Asssessment Attachment 4
McCloy Group DCP 5A Asssessment
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 106 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Group DCP 5A Asssessment Attachment 4
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 107 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Group DCP 5A Asssessment Attachment 4
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 108 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Group DCP 5A Asssessment Attachment 4
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 109 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
McCloy Group DCP 5A Asssessment Attachment 4
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 110 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Draft Amended Conditions of Development Consent
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 111 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 112 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 113 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 114 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 115 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 116 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 117 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 118 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 119 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 120 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 121 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 122 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 123 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 124 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 125 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 126 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 127 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 128 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 129 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 130 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 131 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 132 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 133 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 134 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 135 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 136 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 137 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 138 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 139 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 140 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 141 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 142 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 143 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 144 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Draft Amended Conditions of Development Consent Attachment 6
Lismore City Council Meeting held 11 September 2018 - s4.55(1A) Modification of DA15/165 for 145 Proposed Subdivision into 134 lots at 224 Invercauld Road, Goonellabah
Report
10. s8.2 Review of Determination - DA17/205 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area) Report Subject s8.2 Review of Determination - DA17/205 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area) TRIM Record No BP18/1216:AF18/4523
Prepared by Development Assessment Officer (Planning)
Reason For Council determination
Strategic Theme Our built environment
Strategy Our land-use planning caters for all sectors of the community.
Action Ensure a diverse range of land use and development opportunities are available.
Executive Summary Council has been requested by the applicant to review its decision to refuse DA17/205 for the proposed removal of the dwelling at 75 Ballina Road, Lismore (Girards Hill Heritage Conservation Area) in accordance with the provisions of Division 8.2 of the Environmental Planning & Assessment Act 1979 (EP & A Act 1979). The application is supported by a number of points within a submission made by the owner of the property.
Council as the consent authority is required to review its previous decision in this matter.
Recommendation Recommendation That: 1. Council review the decision to refuse DA2017.205.1 for the proposed removal of the dwelling on land at DP 1102897 lot 8, 75 Ballina Road Girards Hill in accordance with the provisions of Division 8.2 Reviews of the Environmental Planning & Assessment Act 1979.
Background On 30 June 2017 Council received Development Application 2017/205 for the proposed removal of the dwelling on land at 75 Ballina Road, Girards Hill within the Girards Hill Heritage Conservation Area. It was proposed by the owner to re-locate the dwelling to one of three properties that he had purchased at 21 – 25 Hickey Street in Casino. Further, that development consent (DA2017.0246, DA2017.0247 and DA2017.0248) had been granted by Richmond Valley Council for this purpose.
At its Extraordinary meeting of 5 February 2018 Council considered DA17/205 for the proposed removal of the dwelling at 75 Ballina Road, Lismore and resolved as follows:
“1. Development Application No. 5.2017.205 for the proposed removal of the dwelling on land at DP 1102897 lot 8, 75 Ballina Road GIRARDS HILL, as shown on plans DA02 and DA04 (as
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/205 146 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
Report drawn by Belinda Kehoe Drafting & Design dated 19.05.17), be refused for the following reasons: 1) Approval of the application would be detrimental to the amenity of the neighbourhood now and in the future, and result in an adverse impact on the heritage values of the Girards Hill Heritage Conservation Area as identified in Schedule 5 of the Lismore Local Environmental Plan 2012; 2) The dwelling at 75 Ballina Road, Girards Hill has been raised and was above the level of flood water in the flood event this year and the removal of this cottage will result in the loss of part of “a diverse collection of houses unified by their consistent use of timber and iron” and the removal of this dwelling would be undesirable in achieving Council’s planning controls and objectives for heritage conservation; 3) Insufficient planning justification has been given for the removal of the dwellings; 4) Approval of the subject application would be contrary to the provisions of clause 5.10 Heritage Conservation of Lismore Local Environmental Plan 2012; 5) Approval of the application would not be in the public interest, and would conflict with the aims and objectives of the Lismore Development Control Plan Part A Chapter 12 – Heritage Conservation; 6) Approval of the application would set an undesirable precedent and result in undesirable and adverse cumulative impacts in relation to heritage conservation.
2. Council encourages the applicant and owner to engage with Council in good faith for a “whole of land” DA for future use of the numerous parcels of land in this locality.”
On 6 February the applicant and owner were advised of the outcome of Council’s decision and invited to a meeting with Council to discuss a “whole of land” DA for future use of the numerous parcels of land in the ownership of Siarra Enterprises Pty Ltd.
A meeting was held with Mr Adrian Zakaras and Mr James Kruse on 13 March 2018 with Council staff to discuss the possibility of a “whole of land” DA as resolved by Council. However, it was advised that this was not a consideration for them at the present time. It was advised that the owner intended taking steps to carry out work to the property at No 24 Parkes Street, Girards Hill. It is understood that quotes are being sought for this work but to date no repairs have been undertaken.
Description of Locality The dwelling proposed for removal is located at No 75 Ballina Road within the Girards Hill Heritage Conservation Area. There are a number of other heritage dwellings within close proximity to this property.
The area contains predominantly residential dwellings with park land at the western end of Ballina Road that also has frontage to Parkes Street and Keen Street, Lismore. The total area of the land is 533.7m2.
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/205 147 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
Report Locality Map
Photographs of 75 Ballina Road, Girards Hill
Plate 1: Front of the dwelling
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/205 148 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
Report
Plate 2: Side of dwelling as viewed from the west
Current Application The current s8.2 application for review expounds on the previously listed reasons to support the application for proposed removal of the dwelling within the Girards Hill Heritage Conservation Area. A copy of the application letter and supporting statement are attached to this report as Attachments 1 and 2.
The new information presented with this application is advice to the effect that the property owner intends to refurbish the property at No 24 Parkes Street, Girards Hill and will retain this dwelling for rental purposes in its current location.
A summary of the information presented with the application for Review is set out in the table below:
Points raised Staff comments Minimal objections received Noted – one submission was received New information - The applicant advises that examples of Alleged Undesirable Precedent approvals for the removal of dwellings in the locality that his client was referring to include: (1) The removal of the dwellings for the Lismore Gateway Motel development located at 99 Ballina Road, approximately 100 metres from the site (circa 2001). (2) Dwellings were also removed for the creation of the Bob Cowley memorial park located to the west of the site. (circa 1994) It is noted that the circumstances of removal of dwellings
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/205 149 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
Report Points raised Staff comments relating to the two examples have no similarity to the proposal before Council. Absence of Development Plan The applicant does not have any immediate or specific plans to develop the land at this time, and is not prepared to undertake that work. Factual Inaccuracies in the LCC Acknowledged that staff inadvertently made reference to Assessment Report the “workers cottage” in one section of the report to Council Low Cost Housing Availability Noted – new information on the owner’s role in providing low cost housing for a number of years No consideration of the Adverse This is not a planning consideration in accordance with Financial Impact on the Applicant the provisions of s4.15 EP & A Act 1979 Incomplete and Unsupported Findings by Noted – new information based on the owner’s opinion of LCC the information in the Council report Incorrect Description of Application Noted – the application is for removal and relocation, however this also results in effective “demolition” as the house no longer forms part of the Girards Hill Heritage Conservation Area Irrelevant and Prejudicial Information Reference to previous compliance action and history of removal of previous dwellings from the property owned by the same company is considered relevant information Historical Significance Noted - the contents of the Heritage Impact Assessment by Kate Gahan are relevant however, staff formed a different view from that expressed by Ms Gahan Procedural Fairness Noted – new information based on the owner’s opinion of the conduct of the Council meeting / decision making process as follows: - Not given the opportunity to address Councillors to correct misinformation presented - To counter some of the (in our opinion) prejudicial and irrelevant matters that were raised and given improper weight in the determination process - The three applications that were listed for consideration by the Council were not considered individually on their merits - Council only fully considered the merits of one of the applications and then arbitrarily assumed the same facts applied to the next two applications
Division 8.2 Reviews of the EP & A Act 1979 S8.3 of the Act provides the ability for an applicant to request the Council to review the determination of a development application, where the consent authority was the Council.
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/205 150 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
Report Subsection (2) states that a determination or decision cannot be reviewed after the period within which any appeal may be made to the Court (being six (6) months from date of the original decision). In accordance with the provisions of this clause the application was lodged prior to that period.
Subsection (6) provides that the review of a determination or decision made by a Council is to be conducted by the Council.
Section 8.4 provides that after conducting its review of a determination or decision, the consent authority may confirm or change the determination or decision. The options to facilitate these outcomes by resolution of Council to accord with the relevant statutory provisions following review by Councillors are included later in this report.
Notification/ Submissions The request for review of Council’s determination was re-notified to previous submitters and adjoining and surrounding property owners in accordance with the provisions of Chapter 10 of the Lismore DCP for the Notification and Advertising of Development Applications. As a result of the notification and advertising, one (1) submission was received which is summarised as follows:
Name of Submitter Summary of Issues Raised Relevance Peter Bellew The proposal will result in the loss of low cost rental house The sentiments 185 Magellan Street in Lismore. expressed are Lismore The proposal is not in keeping with the objectives of LLEP noted and 2012 to provide for the housing needs of the community addressed in the The proposed removal is in direct conflict with the whole of body of this report. the Girards Hill Conservation area The proposal does not meet the provisions of Lismore DCP Part A Chapter 12 – Heritage Conservation The 3 homes are also neighbourhood dwellings which make up the surrounding community at the corner of Ballina, Keen and Parkes Street. The Statement of Heritage Impact states Girards Hill Conservation Area is recognized for: - The collective aesthetic of the precinct’s timber houses on the Lismore townscape, and regional character of historic residential areas; The residential and social history of the precinct; as well as the history the timber houses embody; and therefore represent. No 75 Ballina Street is above the 1 in 100 year flood level and should be retain for this very reason apart from being in very good condition. The removal will create a visual wasteland for years and an eyesore for thousands of daily commuters and tourists While the owners wait for years to gain rezoning, land value increase and redevelopment consent. There is no guarantee that once removed these dwellings will not be dismantled (what is the addresses for their relocation) Why can’t they be renovated at this current location and what will the proposed new development plans consist of? Another brick and tile motel or another empty used car lot?
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/205 151 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
Report Name of Submitter Summary of Issues Raised Relevance As the future heritage values of Lismore are at stake council should engage in widespread Public Notification The proposal is not in the public interest
Internal Referrals Building The application has been reviewed and appropriate conditions of consent have been provided, which have been included in the draft conditions attached to this report, should the Division 8.2 review result in the applications being approved.
Section 4.15 Assessment The relevant matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, have been assessed in the previous report to Council Extraordinary meeting of 13 February 2018, and the assessment has not changed. The previous Council report is attached to this report as attachment 3.
Submitter’s Concerns The matters raised in submissions have been addressed in the body of this report.
Comments Finance Not required for this report.
Public consultation Addressed previously in the report.
Options 1 Confirm the determination or decision In accordance with the provisions of s8.4 of the EP & A Act 1979 Council can confirm the previous determination to refuse the application. An appropriate resolution to this effect would be as follows:
“Council confirms its previous decision to refuse Development Application 2017/205 for the proposed removal of a dwelling at 75 Ballina Road, Lismore (Lot 8 DP 1102897) in the Girards Hill Heritage Conservation Area in accordance with the provisions of s8.4 of the Environmental Planning and Assessment Act 1979.”
2 Change the determination or decision In accordance with the provisions of s8.4 of the EP & A Act 1979 Council can change the previous determination and approve the application. In the event that this is the preferred course of action Draft Conditions of Development Consent have been attached to this report as Attachment 4. An appropriate resolution to this effect would as follows:
“Council grants consent to Development Application 2017/205 for the proposed removal of a dwelling at 75 Ballina Road, Lismore (Lot 8 DP 1102897) in the Girards Hill Heritage Conservation
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/205 152 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
Report Area in accordance with the provisions of s8.4 of the Environmental Planning and Assessment Act 1979 subject to the proposed Conditions of Development Consent at Attachment 4 to this report.”
Council staff are available to provide wording to achieve other alternative outcomes, and Councillors are requested to seek such advice at an early stage to ensure any resolution in response to the request for review is lawful.
Conclusion The competing arguments regarding the flood prone nature of the land and the economic arguments involved in the decision as to whether it is appropriate to approve the removal of the dwelling at No 75 Ballina Road, Girards Hill were discussed at length in the previous report to Council of 5 February 2018.
Flooding and economic issues are relevant issues for consideration – however they are not considered to be of sufficient weight to overcome the provisions of the Council’s planning controls that seek to retain these remaining dwellings.
Therefore, the compelling arguments relating to the heritage significance of the property and the lack of proposed future development options for the property resulted in a recommendation for refusal of the application. Council staff have not changed their previous position in this regard.
The matter is put forward for Council review in accordance with the provisions of Division 8.2 Reviews of the EP & A Act 1979.
Attachment/s 1. S8.2 Review of Determination Overview 2. Appeal Against Council Decision (Over 7 pages) 3. Report to Council for DA17/205 Proposed Removal of an existing dwelling at 75 (Over 7 Ballina Road, Girards Hill within the Girards Hill Heritage Conservation area. pages) 4. Draft Conditions of Development Consent
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/205 153 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
S8.2 Review of Determination Overview Attachment 1
S8.2 Review of Determination Overview
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 154 DA17/205 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
S8.2 Review of Determination Overview Attachment 1
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 155 DA17/205 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
S8.2 Review of Determination Overview Attachment 1
Draft Conditions of Development Consent
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 156 DA17/205 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
S8.2 Review of Determination Overview Attachment 1
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 157 DA17/205 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
S8.2 Review of Determination Overview Attachment 1
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 158 DA17/205 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
S8.2 Review of Determination Overview Attachment 1
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 159 DA17/205 for proposed removal of dwelling at 75 Ballina Road, Girards (Girards Hill Heritage Conservation Area)
Report
11. s8.2 Review of Determination - DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area) Report Subject s8.2 Review of Determination - DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area) TRIM Record No BP18/1229:AF18/4523
Prepared by Development Assessment Officer (Planning)
Reason For Council determination
Strategic Theme Our built environment
Strategy Our land-use planning caters for all sectors of the community.
Action Ensure a diverse range of land use and development opportunities are available.
Executive Summary Council has been requested by the applicant to review its decision to refuse DA17/206 for the proposed removal of the dwelling at 71 Ballina Road, Lismore (Girards Hill Heritage Conservation Area) in accordance with the provisions of Division 8.2 of the Environmental Planning & Assessment Act 1979 (EP & A Act 1979). The application is supported by a number of points within a submission made by the owner of the property.
Council as the consent authority is required to review its previous decision in this matter.
Recommendation Recommendation That: 1. Council review the decision to refuse DA2017.206.1 for the proposed removal of the dwelling on land at DP 779319 lot 1, 71 Ballina Road Girards Hill in accordance with the provisions of Division 8.2 Reviews of the Environmental Planning & Assessment Act 1979.
Background On 30 June 2017 Council received Development Application 2017/205 for the proposed removal of the dwelling on land at 71 Ballina Road, Girards Hill within the Girards Hill Heritage Conservation Area. It was proposed by the owner to re-locate the dwelling to one of three properties that he had purchased at 21 – 25 Hickey Street in Casino. Further, that development consent (DA2017.0246, DA2017.0247 and DA2017.0248) had been granted by Richmond Valley Council for this purpose.
At its Extraordinary meeting of 5 February 2018 Council considered DA17/206 for the proposed removal of the dwelling at 71 Ballina Road, Lismore and resolved as follows:
“1. Development Application No. 5.2017.206 for proposed removal of the dwelling on land at DP 773319 lot 1, 71 Ballina Road GIRARDS HILL, as shown on plans DA00, DA01, DA02, DA03
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/206 160 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Report and DA04 (as drawn by Belinda Kehoe Drafting & Design dated 19.05.17), be refused under delegated authority for the following reasons:- 1) Approval of the application would be detrimental to the amenity of the neighbourhood now and in the future, and result in an adverse impact on the heritage values of the Girards Hill Heritage Conservation Area as identified in Schedule 5 of Lismore Local Environmental Plan 2012; 2) The removal of the dwelling at 71 Ballina Road, Girards Hill will result in the loss of part of “a diverse collection of houses unified by their consistent use of timber and iron” and the removal of this dwelling would be undesirable in achieving Council’s planning controls and objectives for heritage conservation; 3) Insufficient planning justification has been given for the removal of the dwellings; 4) Approval of the subject application would conflict with the provisions of clause 5.10 Heritage Conservation of Lismore Local Environmental Plan 2012; 5) Approval of the application would not be in the public interest, and would conflict with the aims and objectives of Lismore Development Control Plan Part A Chapter 12 – Heritage Conservation; 6) Approval of the application would set an undesirable precedent and result in undesirable and adverse cumulative impacts in relation to heritage conservation.
2. Council encourages the applicant and owner to engage with Council in good faith for a “whole of land” DA for future use of the numerous parcels of land in this locality.”
On 6 February the applicant and owner were advised of the outcome of Council’s decision and invited to a meeting with Council to discuss a “whole of land” DA for future use of the numerous parcels of land in the ownership of Siarra Enterprises Pty Ltd.
A meeting was held with Mr Adrian Zakaras and Mr James Kruse on 13 March 2018 with Council staff to discuss the possibility of a “whole of land” DA as resolved by Council. However, it was advised that this was not a consideration for them at the present time. It was advised that the owner intended taking steps to carry out work to the property at No 24 Parkes Street, Girards Hill. It is understood that quotes are being sought for this work but to date no repairs have been undertaken.
Description of Locality The dwelling proposed for removal is located at No 71 Ballina Road within the Girards Hill Heritage Conservation Area. There are a number of other heritage dwellings within close proximity to this property.
The area contains predominantly residential dwellings with park land at the western end of Ballina Road that also has frontage to Parkes Street and Keen Street, Lismore. The total area of the land is 597m2.
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/206 161 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Report
Locality Map
Photographs of 71 Ballina Road, Girards Hill
Plate 1: Front of the dwelling
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/206 162 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Report
Plate 2: Rear and western side of the dwelling showing 71 Ballina Road in the background
Current Application The current s8.2 application for review expounds on the previously listed reasons to support the application for proposed removal of the dwelling within the Girards Hill Heritage Conservation Area. A copy of the application letter and supporting statement are attached to this report as Attachments 1 and 2.
The new information presented with this application is advice to the effect that the property owner intends to refurbish the property at No 24 Parkes Street, Girards Hill and will retain this dwelling for rental purposes in its current location.
A summary of the information presented with the application for Review is set out in the table below:
Points raised Staff comments Minimal objections received Noted – one submission was received New information - The applicant advises that examples of Alleged Undesirable Precedent approvals for the removal of dwellings in the locality that his client was referring to include: (1) The removal of the dwellings for the Lismore Gateway Motel development located at 99 Ballina Road, approximately 100 metres from the site (circa 2001). (2) Dwellings were also removed for the creation of the Bob Cowley memorial park located to the west of the site. (circa 1994)
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/206 163 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Report Points raised Staff comments It is noted that the circumstances of removal of dwellings relating to the two examples have no similarity to the proposal before Council. Absence of Development Plan The applicant does not have any immediate or specific plans to develop the land at this time, and is not prepared to undertake that work. Factual Inaccuracies in the LCC Acknowledged that staff inadvertently made reference to Assessment Report the “workers cottage” in one section of the report to Council Low Cost Housing Availability Noted – new information on the owner’s role in providing low cost housing for a number of years No consideration of the Adverse This is not a planning consideration in accordance with Financial Impact on the Applicant the provisions of s4.15 EP & A Act 1979 Incomplete and Unsupported Findings by Noted – new information based on the owner’s opinion of LCC the information in the Council report Incorrect Description of Application Noted – the application is for removal and relocation, however this also results in effective “demolition” as the house no longer forms part of the Girards Hill Heritage Conservation Area Irrelevant and Prejudicial Information Reference to previous compliance action and history of removal of previous dwellings from the property owned by the same company is considered relevant information Historical Significance Noted - the contents of the Heritage Impact Assessment by Kate Gahan are relevant however, staff formed a different view from that expressed by Ms Gahan Procedural Fairness Noted – new information based on the owner’s opinion of the conduct of the Council meeting / decision making process as follows: - Not given the opportunity to address Councillors to correct misinformation presented - To counter some of the (in our opinion) prejudicial and irrelevant matters that were raised and given improper weight in the determination process - The three applications that were listed for consideration by the Council were not considered individually on their merits - Council only fully considered the merits of one of the applications and then arbitrarily assumed the same facts applied to the next two applications
Division 8.2 Reviews of the EP & A Act 1979 S8.3 of the Act provides the ability for an applicant to request the Council to review the determination of a development application, where the consent authority was the Council.
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/206 164 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Report Subsection (2) states that a determination or decision cannot be reviewed after the period within which any appeal may be made to the Court (being six (6) months from date of the original decision). In accordance with the provisions of this clause the application was lodged prior to that period.
Subsection (6) provides that the review of a determination or decision made by a Council is to be conducted by the Council.
Section 8.4 provides that after conducting its review of a determination or decision, the consent authority may confirm or change the determination or decision. The options to facilitate these outcomes by resolution of Council to accord with the relevant statutory provisions following review by Councillors are included later in this report.
Notification/ Submissions The request for review of Council’s determination was re-notified to previous submitters and adjoining and surrounding property owners in accordance with the provisions of Chapter 10 of the Lismore DCP for the Notification and Advertising of Development Applications. As a result of the notification and advertising, one (1) submission was received which is summarised as follows:
Name of Submitter Summary of Issues Raised Relevance Peter Bellew The proposal will result in the loss of low cost rental house The sentiments 185 Magellan Street in Lismore. expressed are Lismore The proposal is not in keeping with the objectives of LLEP noted and 2012 to provide for the housing needs of the community addressed in the The proposed removal is in direct conflict with the whole of body of this report. the Girards Hill Conservation area The proposal does not meet the provisions of Lismore DCP Part A Chapter 12 – Heritage Conservation The 3 homes are also neighbourhood dwellings which make up the surrounding community at the corner of Ballina, Keen and Parkes Street. The Statement of Heritage Impact states Girards Hill Conservation Area is recognized for: - The collective aesthetic of the precinct’s timber houses on the Lismore townscape, and regional character of historic residential areas; The residential and social history of the precinct; as well as the history the timber houses embody; and therefore represent. The removal will create a visual wasteland for years and an eyesore for thousands of daily commuters and tourists While the owners wait for years to gain rezoning, land value increase and redevelopment consent. There is no guarantee that once removed these dwellings will not be dismantled (what is the addresses for their relocation) Why can’t they be renovated at this current location and what will the proposed new development plans consist of? Another brick and tile motel or another empty used car lot? As the future heritage values of Lismore are at stake council should engage in widespread Public Notification The proposal is not in the public interest
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/206 165 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Report
Internal Referrals Building The application has been reviewed and appropriate conditions of consent have been provided, which have been included in the draft conditions attached to this report, should the Division 8.2 review result in the applications being approved.
Section 4.15 Assessment The relevant matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, have been assessed in the previous report to Council Extraordinary meeting of 5 February 2018, and the assessment has not changed. The previous Council report is attached to this report as Attachment 3.
Submitter’s Concerns The matters raised in submissions have been addressed in the body of this report.
Comments Finance Not required for this report
Public consultation Addressed previously in the report
Options 1 Confirm the determination or decision In accordance with the provisions of s8.4 of the EP & A Act 1979 Council can confirm the previous determination to refuse the application. An appropriate resolution to this effect would be as follows:
“Council confirms its previous decision to refuse Development Application 2017/206 for the proposed removal of a dwelling at 71 Ballina Road, Lismore (Lot 1 DP 779319) in the Girards Hill Heritage Conservation Area in accordance with the provisions of s8.4 of the Environmental Planning and Assessment Act 1979.”
2 Change the determination or decision In accordance with the provisions of s8.4 of the EP & A Act 1979 Council can change the previous determination and approve the application. In the event that this is the preferred course of action Draft Conditions of Development Consent have been attached to this report as Attachment 4. An appropriate resolution to this effect would as follows:
“Council grants consent to Development Application 2017/206 for the proposed removal of a dwelling at 71 Ballina Road, Lismore (Lot 1 DP 779319) in the Girards Hill Heritage Conservation Area in accordance with the provisions of s8.4 of the Environmental Planning and Assessment Act 1979 subject to the proposed Conditions of Development Consent at Attachment 4 to this report.”
Council staff are available to provide wording to achieve other alternative outcomes, and Councillors are requested to seek such advice at an early stage to ensure any resolution in response to the request for review is lawful.
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/206 166 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Report
Conclusion The competing arguments regarding the flood prone nature of the land and the economic arguments involved in the decision as to whether it is appropriate to approve the removal of the dwelling at No 71 Ballina Road, Girards Hill were discussed at length in the previous report to Council of 5 February 2018.
Flooding and economic issues are relevant issues for consideration – however they are not considered to be of sufficient weight to overcome the provisions of the Council’s planning controls that seek to retain these remaining dwellings.
Therefore, the compelling arguments relating to the heritage significance of the property and the lack of proposed future development options for the property resulted in a recommendation for refusal of the application. Council staff have not changed their previous position in this regard.
The matter is put forward for Council review in accordance with the provisions of Division 8.2 Reviews of the EP & A Act 1979.
Attachment/s 1. S8.2 Review of Determination Overview 2. Appeal Against Council Decision 3. Report to Council for DA17/206 Proposed removal of an existing dwelling at 71 (Over 7 Ballina Road, Girards Hill within the Girards Hill Heritage Conservation Area pages) 4. Draft Conditions of Development Consent
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - DA17/206 167 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Report S8.2 Review of Determination Overview
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 168 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Report
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 169 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Appeal Against Council Decision Attachment 2
Appeal Against Council Decision
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 170 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Appeal Against Council Decision Attachment 2
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 171 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Appeal Against Council Decision Attachment 2
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 172 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Appeal Against Council Decision Attachment 2
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 173 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Appeal Against Council Decision Attachment 2
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 174 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Appeal Against Council Decision Attachment 2
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 175 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Appeal Against Council Decision Attachment 2
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 176 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Appeal Against Council Decision Attachment 2
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 177 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Draft Conditions of Development Consent Attachment 4
Draft Conditions of Development Consent
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 178 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Draft Conditions of Development Consent Attachment 4
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 179 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Draft Conditions of Development Consent Attachment 4
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 180 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Draft Conditions of Development Consent Attachment 4
Lismore City Council Meeting held 11 September 2018 - s8.2 Review of Determination - 181 DA17/206 - Proposed Removal of Dwelling at 71 Ballina Road, Girards Hill (Girards Hill Heritage Conservation Area)
Report
12. Tender T2018-12 Mortimer Oval Player Amenities Block Design and Construct Report Subject Tender T2018-12 Mortimer Oval Player Amenities Block Design and Construct TRIM Record No BP18/1238:T18/12
Prepared by Development Engineer
Reason To appoint a suitably qualified contractor to design and construct the Mortimer Oval Players Amenities Block Strategic Theme An inclusive and healthy community
Strategy Our sporting facilities and recreational spaces encourage active and passive community participation. Action Provide high-quality sporting facilities to meet the diverse needs of the Community
Executive Summary Council has received funding from Round 1 of the Stronger Country Communities Fund to provide a player amenities block, club facilities and associated integrated pathways for the Mortimer Oval area of Lismore Park (Northern Area).
The purpose of the tender was to select a suitably qualified contractor with the capability and experience to design and construct the Mortimer Oval Player Amenities Block within the allocated budget.
Council called for tenders for the Mortimer Oval Player Amenities Block – Design and Construct in July 2018. Tenders closed at 2pm Thursday 9th August 2018, with five tenders received, four of which were within the allocated budget ($362,000).
This report and attachment details the evaluation of the tenders received and provides a recommendation to Council to accept the tender from Container Build Group Pty Ltd.
Recommendation Recommendation That: 1. Council award the contract for Tender T2018-12 Mortimer Oval Player Amenities Block - Design and Construct to Container Build Group Pty Ltd for the amount of $326,697.80 including GST. 2. Council authorise the General Manager to finalise the contract including any necessary minor amendments or variations. 3. The seal of Council be affixed to the contract and as required to any other documentation necessary to implement this resolution.
Background Council has received funding of $488,000 in Round 1 of the Stronger Country Communities Fund to provide a player amenities block, club facilities and associated integrated pathways for the Mortimer Oval area of Lismore Park (Northern Area). The funds available to complete the player amenities block
Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player 182 Amenities Block Design and Construct
Report component of the project were $362,000 with the rest of the funding being allocated to the integrated pathways and wayfaring signage. (Refer attachments 2&3 for location and preliminary design of amenities block)
The key drivers for the Mortimer Oval Player Amenities Block tender were: To provide amenities to the Northern Area of Lismore Park To provide unisex change rooms and local club facilities To provide equipment storage for up to two teams To provide a canteen facility to cater for local sporting events
The purpose of the tender was to select a suitably qualified contractor with the capability and experience to design and construct the Mortimer Oval Player Amenities Block within the allocated budget.
Council called for tenders for the Mortimer Oval Player Amenities Block – Design and Construct in July 2018. Tenders closed at 2pm Thursday 9th August 2018, with five tenders received, four of which were within the allocated budget.
The tender assessment panel consisted of: Steve Dillon, Council’s Coordinator – Property Maintenance Lucas Myers, Council’s Development Engineer Martin Soutar, Council’s Open Space Assets Coordinator James Voght, Council’s Sport & Recreation Project Officer
The panel met on Tuesday 21st August 2018 to assess each tenderer against the criteria outlined in the Request for Tender. These raw scores were entered into a spreadsheet where the weighted and total scores were calculated.
Submitted Prices Company Price Landmark Engineering and Design T/A Modus Australia and Exteria $189,315.00 Container Build Group Pty Ltd $326,697.80 Boulus Constructions Pty Ltd $355,080.00 Ausco Modular Pty Ltd $389,957.00 Conway Contracting and Management Services $389,957.01
The tender submitted by Landmark Engineering and Design T/A Modus Australia and Exteria was non- conforming due to the lack of any schedules being provided with their submission. Furthermore, this submission was only for a flat pack structure with no allowances for construction or supply of services to the site.
Tender Assessment The assessment criteria and their respective weightings were:
Criteria Group Summary 1 Total Cost 50% 2 Capability and Experience 20% 3 WH&S, Risk Management and Quality 5% 4 Environment and Community 5%
Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player 183 Amenities Block Design and Construct
Report 5 Local Content 20%
1. Total Cost Comparison of tenders received Comparison with benchmarks or budget Value for money Whole of life costs
2. Capability and Experience Demonstrated capability and experience Technical skills and ability Appropriate resources Relevant experience and references Delivery timeline Knowledge of local conditions
3. WHS, Risk Management and Quality WHS system and records Safety plans Risk management Quality systems/plan
4. Environment and Community Environmental and green considerations Sustainability and long term benefits Social impact Corporate fit
5. Local Content Locally sourced materials Locally sourced labour Physical location of business Direct Spend within the Lismore Local Government Area
Tenders were ranked in respect of each criteria as follows:
Rating Description Score (example) Excellent Exceeds requirements in all ways, with very little or no 10 risk Very Good Meets requirements in all ways, exceeds it in some, 8-9 little risk involved. Good Meets the requirement and is workable, acceptable risk 6-7 Marginal Nearly meets requirement, workable but may be 4-5 deficient or limited in some areas, some element of risk. Poor Offer is difficult to assess against criteria, high risk 1-3 Non-compliant Tenderer has either stated non-compliance, 0 demonstrated non-compliance, or there is insufficient information to assess.
Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player 184 Amenities Block Design and Construct
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Summary of Scores: Company Score (Total 100) Container Build Group Pty Ltd 77.4 Ausco Modular Pty Ltd 65.6 Boulus Constructions Pty Ltd 21.9 Conway Contracting and Management Services 9.8
Please refer to Attachment 1 (Tender Assessment – Mortimer Oval Player Amenities Block) for the detailed scoring of each criteria and overall comments
In summary, the Container Build Group Pty Ltd submission had the most competitive price for the outcome that was offered. This submission included all the elements required to ensure additional funds would not be required above the allowed budget. This is a local company (based in Lismore) which will provide for direct spend within the LGA.
Comments Finance The recommendations are supported on the basis an open tender is likely to achieve the best possible value outcome for the Council, and the tendered prices are within the approved project budget.
Other staff comments Not required.
Public consultation Not required.
Conclusion An assessment of the five submissions received for T2018-12 Mortimer Oval Player Amenities Block – Design and Construct has been undertaken as per the criteria set out in the RFT document. Container Build Group Pty Ltd ranked first in the tender assessment, by being a local company that provided a competitive product and price.
It is recommended that the tender submitted by Container Build Group Pty Ltd be accepted.
Attachment/s 1. Tender Asessment - Mortimer Oval Player Amenities Block 2. Mortimer Oval Clubhouse - Concept Intent 3. Lismore Park Precinct 3 Concept Design
Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player 185 Amenities Block Design and Construct
Report Tender Asessment - Mortimer Oval Player Amenities Block
Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 186 Construct
Report
Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 187 Construct
Report Mortimer Oval Clubhouse - Concept Intent
Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 188 Construct
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Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 189 Construct
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Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 190 Construct
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Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 191 Construct
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Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 192 Construct
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Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 193 Construct
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Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 194 Construct
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Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 195 Construct
Report Lismore Park Precinct 3 Concept Design
Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 196 Construct
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Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 197 Construct
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Lismore City Council Meeting held 11 September 2018 - Tender T2018-12 Mortimer Oval Player Amenities Block Design and 198 Construct
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13. Proposed Licence of Three Chain Road Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore Report Subject Proposed Licence of Three Chain Road Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore
TRIM Record No BP18/795:R6937-02
Prepared by Property Officer
Reason Quayside Motors has requested a licence to occupy part of the road reserve adjoining the dealership for the purpose of storing vehicles in a fenced compound and for displaying vehicles for sale. Strategic Theme A prosperous and vibrant city
Strategy Our community has diverse business and industry, as well as opportunities for investment and growth. Action Support and encourage a diverse and competitive mix of business and industry.
Executive Summary GMGN Pty Ltd (CAN 098 717 787) trading as Quayside Motors has approached Council with a proposal to occupy two separate areas in the Three Chain Road reserve adjoining their showroom to:
1. Display vehicles for sale; and 2. Construct a fenced compound to store vehicles.
Quayside Motors has a similar agreement with Ballina Shire Council at their Bruxner Highway showroom in Ballina, where they licence an area between the sales yard and the footpath for vehicle display purposes.
A commensurate licence fee has been negotiated and for the proposal to progress the applicant will require Development Consent.
To enable the applicant to proceed to development application stage, this report recommends Council resolve to grant a five year licence to Quayside Motors for occupation of the road reserve at Three Chain Road for the purposes of vehicle display and storage compound.
Recommendation Recommendation That: 1. Subject to Development Consent being issued, Council enter into a Licence Agreement with Quayside Motors Pty Ltd or nominee to occupy the road reserve at Three Chain Road, South Lismore, for an annual licence fee at market rent (ex GST) for a period of five years, with annual CPI increase. 2. The General Manager be authorised to finalise the terms and conditions of the Licence Agreement and sign all documentation required to complete the matter.
Lismore City Council Meeting held 11 September 2018 - Proposed Licence of Three Chain Road 199 Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore
Report Background In February 2018 Council’s Manager - Economic Development received an enquiry from Quayside Motors seeking permission to utilise part of the Three Chain Road reserve adjacent to their property at 2 Bruxner Highway, South Lismore, being Lot 11 in DP 1235346. The company is directed by Stephen Howlett and Remo Piantadosi.
The Office of Fair Trading does not allow sales yards to display vehicles on the footpath or road reserve unless they have a licence to occupy the road reserve from the road authority. Heavy fines are applied to dealers who use the road reserve without permission to display vehicles.
Quayside Motors currently maintains the wide nature strip to the north of their property and has requested a licence to use this space to display vehicles during the day on five scattered concrete pads within the area indicated in the aerial image below, outlined by the long red rectangle on the left hand side of Figure 1.
Quayside also wishes to construct a secure storage compound for their stock vehicles at the river end of Three Chain Road which is a dead end road in the road network. The area is outlined red on the right hand side of Figure 1. It is proposed the compound will be secured by security fencing and the surface upgraded with gravel hardstand.
The proposal will be subject to a development application at which stage the technical aspects of the proposed use will be investigated in detail to determine suitability of the proposal.
Quayside’s property is dissected by the privately owned entry/exit road for the Bunnings building at 6 Bruxner Highway, South Lismore. The triangle section of their property (outlined in blue in Figure 1) on the river side, is currently used for staff parking and storage of stock vehicles.
Under Section 153 of the Roads Act, 1993 Council may lease or licence land comprising a public road (other than a Crown road) to the owner or lessee of land adjoining the public road if, in its opinion, the road is not being used by the public. The licence can be terminated by the roads authority at any time for any reason.
Quayside Motors has a similar agreement with Ballina Shire Council for their Ballina showroom, where they licence an area between the sales yard and the footpath of the Bruxner Highway for display purposes.
Lismore City Council Meeting held 11 September 2018 - Proposed Licence of Three Chain Road 200 Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore
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Figure 1 - Concept Plan
Licence Agreement Area The area of the proposed compound is approximately 724m2 The five display pads would measure approximately 3m x 4m x 5 spaces = 60m2 Total area would be around 784m2
Proposed Licence Agreement Term Quayside has requested a 15 year term for the Licence agreement. The Roads Act, 1993 limits the term of a licence to five years. If development consent is granted and the arrangement proves successful, a partial road closure may be considered at least in respect of the fenced compound area at the end of Three Chain Road near the river. This would enable a long term lease to be registered on title or the land sold and consolidated with the area outlined in blue.
Proposed Rent Amount The proposed rent is $7,992.24 per annum plus GST, which represents a fair market value for the space.
Basis of rent determination Council staff and Quayside Motors have negotiated a suitable rent, which was compared to local commercial Real Estate Agents’ appraisals with reference to how much an “out in the open” parking compound currently rents for in immediate industrial areas. A similar fully fenced hardstand compound is currently leased on the Bruxner Highway for around $700.00 per month which has a total area of approximately 824m2 = $0.8495/m2.
The equivalent rent for 784m2 at $0.8495/m2 would be $666.02 per month, or $7,992.24 per annum.
Planning Considerations The area is zoned Enterprise Corridor of which the first objective is to promote businesses along main roads and to encourage a mix of compatible uses. Vehicle sales is a permitted use within the zone. Whilst Quayside has development consent for their use of 2 Bruxner Highway, a new development application (DA) will need to be submitted for the proposed use of the road reserve. The applicant will not submit a DA unless Council resolves to grant a licence. If Council resolves to grant the licence, staff will exercise their delegations in signing owner’s consent for the lodgement of a Development Application.
Comments Finance The recommendations are supported on the basis the leasing of this land will provide a financial return on these Council’s assets that would not otherwise be received due to the location.
Other staff comments Economic Development The proposed Licence agreement will provide Quayside Motors with the opportunity to improve the functionality of the wide nature strip adjoining its premises and provide security through the creation of an enclosed compound. These improvements, whilst not anticipated to increase sales revenue, will assist the business with improved functionality.
Lismore City Council Meeting held 11 September 2018 - Proposed Licence of Three Chain Road 201 Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore
Report Manager – Development & Compliance It is noted that Quayside Motors is seeking “in principle” support for this proposal prior to proceeding with the expense of preparing a Development Application for lodgement with Council. That application will need to address relevant standards and any submissions relating to access and safety, and requires a commitment from all parties to proceed.
In considering this request, Council staff have prepared DA pre-lodgement advice to assist the proponent in understanding the extent of matters that Council requires to be addressed. A copy of that advice is attached to this report, which demonstrates that technical and operational matters are capable of being addressed as part of the DA assessment process.
Executive Director - Infrastructure Services The recommendation to enter into a Licence Agreement as proposed is also made in the context of the delegation held by staff to give owner’s consent to the lodging of a Development Application being exercised. If Council has concerns with any aspect of the proposed lease then the staff recommendation should not be supported. If Council is in agreement with the proposed lease, staff will facilitate the progression of any Development Application for the proposed use of the land. The Development Application will still be subject to the normal merit assessment and related processes.
Public consultation In accordance with Section 154 the Roads Act, 1993 the proposed lease was advertised in Issue 110 of Local Matters on 28 March 2018 inviting submissions within a 28 day period. Notice was also served on the owner of each parcel of land adjoining the length of public road concerned. By way of courtesy, notice was also served on the owners and occupiers of nearby properties known as the Power Station, Bunnings, Caltex Airport and Southside Agencies.
Submissions During the public consultation period two submissions were received. Please refer to the confidential attachment for details of these submissions.
Conclusion The opportunity for both Council to generate income and achieve a Return on Investment (ROI) while simultaneously facilitating Quayside Motors to develop and expand their business activities is considered a unique mutually beneficial opportunity.
The recommendation is to resolve to enter into the Licence agreement for the use of the unused portion of Three Chain Road reserve and the nature strip (subject to development consent), and continue to work with Quayside Motors to achieve the proposed enhancement of their business.
Attachment/s 1. DA Prelodgement Assessment - Quayside Motors Proposal 2. Public Consultation Summary - Quayside Proposal - This matter is considered to be confidential under Section 10A(2) (c) of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business
Lismore City Council Meeting held 11 September 2018 - Proposed Licence of Three Chain Road 202 Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore
DA Prelodgement Assessment - Quayside Motors Proposal Attachment 1
DA Prelodgement Assessment - Quayside Motors Proposal
Lismore City Council Meeting held 11 September 2018 - Proposed Licence of Three Chain Road 203 Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore
DA Prelodgement Assessment - Quayside Motors Proposal Attachment 1
Lismore City Council Meeting held 11 September 2018 - Proposed Licence of Three Chain Road 204 Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore
DA Prelodgement Assessment - Quayside Motors Proposal Attachment 1
Lismore City Council Meeting held 11 September 2018 - Proposed Licence of Three Chain Road 205 Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore
DA Prelodgement Assessment - Quayside Motors Proposal Attachment 1
Lismore City Council Meeting held 11 September 2018 - Proposed Licence of Three Chain Road 206 Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore
DA Prelodgement Assessment - Quayside Motors Proposal Attachment 1
Lismore City Council Meeting held 11 September 2018 - Proposed Licence of Three Chain Road 207 Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore
DA Prelodgement Assessment - Quayside Motors Proposal Attachment 1
Lismore City Council Meeting held 11 September 2018 - Proposed Licence of Three Chain Road 208 Reserve adjoining Quayside Motors Dealership at 2 Bruxner Highway, South Lismore
Report
14. Investments - August 2018 Report
Subject Investments - August 2018
TRIM Record No BP18/1235:EF09/2212
Prepared by Management Accountant
Reason Required by Local Government Act 1993, Local Government (General) Regulation 2005 and Council's Investment Policy Strategic Theme Leadership and participation
Strategy We provide effective management and responsible governance.
Action Ensure the efficient and effective operation of Council.
Executive Summary Investments as at 31 August 2018 are estimated to be $52,952,300.
The interest rate reported for August 2018 is estimated to be 2.61% which is above the 90 Day Bank Bill Index of 1.95%. The final interest return may vary due to actual returns achieved on investments advised after month end.
Recommendation Recommendation That the report be received and noted.
Background The Local Government Act, 1993 (Section 625), Local Government (General) Regulations 2005 (Clause 212) and Council’s Investment Policy requires a monthly report be submitted to Council on investments. The report is to include the source and amount of funds invested, investment portfolio performance for the period and a statement of compliance in relation to the requirements of the Local Government Act, 1993.
Report on Investments Confirmation of Investments – at Market Value – 31 July 2018 $50,398,570 Estimated Investments – at Market Value – 31 August 2018 $52,952,300
Investments have increased by approximately $2.5 million during August. This increase is attributable to rates payments starting to be received with the first instalment due at the end of August, $726,000 in grant funds received from the Roads and Maritime Services, and $775,500 for the first instalment of the 2018/19 Financial Assistance Grants.
The current rate of return on investments for August 2018 is estimated to be 2.61% using actual returns where available and estimates based on the previous period balances and interest rates. This is above the 90 Day Bank Bill Index of 1.95%.
Lismore City Council Meeting held 11 September 2018 - Investments - August 2018 209
Report The estimated interest earned to August 2018 is more than the pro rata 2018/19 Budget. Estimated interest earned to August 2018 is $219,216 compared to the budget of $196,983. This is a favourable variance of $22,233.
Fossil Free Investments Council’s Investments Policy requires reporting in February and August each year on the state of its divestment from fossil fuel investments. The following table is a comparison between January 2018 and August 2018:-
As at 31 January 2018 As at 31 August 2018 Type of Investment Number of Value of % of Number of Value of % of Institutions Investments Portfolio Institutions Investments Portfolio No Investment in Fossil Fuel Industry 16 $37,000,000 64% 14 $31,000,000 58% Investment in Fossil Fuel Industry 5 $20,172,450 34% 4 $12,952,300 25% Unknown Status 1 $1,000,000 2% 3 $9,000,000 17%
To meet Council’s Investment Policy requirements, the holdings in A-rated institutions that invest in the fossil fuel industry are starting to be divested as they mature. While still meeting requirements, it will take some time as many are longer term investments.
The information for the assessment has been sourced from the website www.marketforces.org.au which is an affiliate project of the Friends of the Earth Australia. This is still considered the best information available to make this assessment.
With regards to the ‘Unknown Status’, this is where institutions have not provided information on their fossil fuel investments position. In the absences of certainty and achieving Council’s policy objective, future investment with institutions with an unknown status will cease.
Comments Finance All investments with various financial institutions have been made in accordance with the Local Government Act, 1993, Local Government (General) Regulations 2005 and Council’s Investment Policy.
Conclusion A report on investments is required to be submitted to Council monthly. As at 31 August 2018, investments are estimated to total $52,952,300 and the annualised rate of return is estimated at 2.61%.
Attachment/s 1. Capital Value Movements including name of institution, purchase date and maturity 2. Estimated Interest showing interest rate and estimated interest earned for the year 3. Total Investment Portfolio held by month and Weighted Average Interest Rate graphical 4. Investment by Type graphical 5. Investment by Institution as a percentage of total portfolio graphical
Lismore City Council Meeting held 11 September 2018 - Investments - August 2018 210
Capital Value Movements including name of institution, purchase date Attachment 1 and maturity
Capital Value Movements including name of institution, purchase date and maturity
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Capital Value Movements including name of institution, purchase date Attachment 1 and maturity
Lismore City Council Meeting held 11 September 2018 - Investments - August 2018 212
Estimated Interest showing interest rate and estimated interest earned for Attachment 2 the year
Estimated Interest showing interest rate and estimated interest earned for the year
Lismore City Council Meeting held 11 September 2018 - Investments - August 2018 213
Estimated Interest showing interest rate and estimated interest earned for Attachment 2 the year
Lismore City Council Meeting held 11 September 2018 - Investments - August 2018 214
Total Investment Portfolio held by month and Weighted Average Interest Attachment 3 Rate graphical
Total Investment Portfolio held by month and Weighted Average Interest Rate graphical
Lismore City Council Meeting held 11 September 2018 - Investments - August 2018 215
Investment by Type graphical Attachment 4
Investment by Type graphical
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Investment by Institution as a percentage of total portfolio graphical Attachment 5
Investment by Institution as a percentage of total portfolio graphical
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Investment by Institution as a percentage of total portfolio graphical Attachment 5
Lismore City Council Meeting held 11 September 2018 - Investments - August 2018 218
Report
15. 2017/18 Reserves (Internally Restricted) Report
Subject 2017/18 Reserves (Internally Restricted)
TRIM Record No BP18/1236:EF12/330
Prepared by Management Accountant
Reason Annual report on internally restricted reserve balances and movements, and policy review Strategic Theme Leadership and participation
Strategy We provide effective management and responsible governance.
Action Ensure the efficient and effective operation of Council.
Lismore City Council Meeting held 11 September 2018 - 2017/18 Reserves (Internally Restricted) 219
Report Executive Summary For financial reporting purposes Council must categorise its cash, cash equivalents and investments as either externally restricted, internally restricted or unrestricted. Funds that are externally restricted, typically by legislation, can only be used for the purpose they were received. Funds that are internally restricted can be used for any purpose determined by Council. Council does not have any unrestricted funds.
As internally restricted funds can be used for any purpose determined by Council, the Council adopted Policy 1.5.10 – Reserves (Internally Restricted) to provide guidance on the criteria to be applied for funds to be internally restricted. While specific purpose unexpended loans are also considered internally restricted funds, the fact they are borrowed for a specific purpose and typically used for that purpose results in them not being reported as reserves.
Council’s policy requires an annual report as at 30 June to be submitted to Council which shows reserve movements and balances. The policy categorised reserves under the headings:- Annual Budget or Long Term Financial Plan (LTFP) Held for Other Parties Special Rate Variation Carry Forward or Revote Works Council Resolution Available Funds
There are a number of management recommended reserves. A summary of these is provided in the report. Subject to Council approval the amounts are included under the heading Council Resolution.
While reserves are typically held as cash, cash equivalent and investments, it is accepted that they may also be held as working capital (debtors) or be internally loaned.
Based on the policy, as at 30 June 2018 reserves totalled $14.49 million. This amount comprises $3.13 million held as cash, cash equivalents and investments, $7.66 million in working capital and $3.70 million in internal loans.
Commentary on reserves is provided within the report and a summary and detailed listing of reserves (internally restricted) as at 30 June 2018 are attached.
One minor change to the policy 1.5.10 – Reserves (Internally Restricted) is also recommended.
Recommendation Recommendation That:- 1. Council adopts the 2017/18 Reserves (Internally Restricted) annual report which has reserves of $14,498,800 as at 30 June 2018 comprising $3,138,032 in cash, cash equivalents and investments, $7,658,868 in working capital and $3,701,900 in internal loans. 2. Council adopts amendment to Policy 1.5.10 – Reserves (Internally Restricted).
Background Policy 1.5.10 – Reserves (Internally Restricted) requires an annual report to be submitted to Council detailing all reserve movements. The purpose of this report is to satisfy that requirement.
As at 30 June 2018, reserves totalled $14.49 million, comprising $3.13 million held as cash, cash equivalents and investments, $7.66 million in working capital (debtors) and $3.70 million in internal loans.
Lismore City Council Meeting held 11 September 2018 - 2017/18 Reserves (Internally Restricted) 220
Report
There has been an overall decrease in the amount of reserves from 2016/17 by $2,700,800. Commentary Provided below is a description of the individual reserve categories. This should be read in-conjunction with the 2017/18 Reserves (Internally Restricted) Summary attachment which shows the Reserve Balances 1/7/17, Transfer to Reserves and Transfer from Reserves during the year, and the Reserve Balances 30/6/18, and the 2017/18 Reserves (Internally Restricted) Detail that shows the closing amount for all reserves held.
Annual Budget or LTFP – Balance $1,379,000 The funds held in this reserve are for specific works, services or initiatives included in the 2018/19 Budget or Long Term Financial Plan.
Held for Other Parties – Balance $1,228,600 The funds held in this reserve acknowledge that Council holds funds on behalf of other parties.
Special Rate Variation – Balance $348,500 The funds held in this reserve reflect unexpended special rate variation funds or funds held to implement special rate variation purposes.
Carry Forward and Revote Works – Balance $698,400 The funds held in this reserve relate to carry forward or revote amounts from 2017/18 to 2018/19. This list excludes carry forward or revote works funded from externally restricted funds.
Carry forward amounts relate to where approved budgets for works, services, goods, materials and facilities have started or are contracted to start before the end of the financial year and will continue to completion in the following financial year.
Revote amounts relate to where approved budgets have not commenced before the end of the financial year and it is intended to seek approval to proceed in the following financial year.
Council Resolution – Balance $10,844,300 The funds held in this reserve relate to specific Council resolutions which may not be reflected in the annual budget or long term financial plan at this time.
This category also includes items recommended for inclusion by Management as they do not meet a specific reserve categories. These are reported for the Council to determine if they are reserved and include:-
Finance & Governance – Financial Assistance Grant – General – 50% of 2018/19 in 2,215,000 advance Finance & Governance – Financial Assistance Grant – Roads – 50% of 2018/19 in 982,100 advance Asset Management – Laurie Allen Centre Flood Damage 44,000 Asset Management – Drainage Inspections 7,600 HR – Trainees and Apprentices – Special Training 12,500 Recreational & Cultural Facilities – Art Gallery – Hurford Hardwood Portrait Prize 7,900 Recreational & Cultural Facilities – Art Gallery – Sponsorships – Linnaeus Estate 5,000 Recreational & Cultural Facilities – Art Gallery – Friends of the Gallery 2,100 Recreational & Cultural Facilities – Art Gallery – Bundjalung Country Exhibition 1,700 Recreational & Cultural Facilities – Art Gallery – Arts and Literacy Partnering Project 4,400
Lismore City Council Meeting held 11 September 2018 - 2017/18 Reserves (Internally Restricted) 221
Report Recreational & Cultural Facilities – Art Gallery – Gift Account for Hannah Cabinet 18,400 Fundraising Recreational & Cultural Facilities – GSAC – Works associated with Fire Order 38,700 Recreational & Cultural Facilities – LMB – Design works for solar refurbishment 15,500 Recreational & Cultural Facilities – NAIDOC Week 1,800 Total 3,356,700
Available Funds – Balance $NIL The funds held in this reserve are unallocated funds available to deliver Council’s future priorities as planned/approved in its strategic documents.
As at 30 June 2018, there are no Available Funds.
Internal Loans Internal loans from reserves are utilised to minimise borrowing costs and provide ready cash for special projects. Internal loans are typically short term and are considered prudent as historically borrowing interest rates were between 4% - 5.5% compared to the interest forgone on investing funds of 2% - 3%.
As at 30 June 2018 Council has a total of $3.70 million in internal loans which fall into two categories being a) those to fund overdrawn reserves to be repaid in an ad-hoc approach – $3,340,300, and b) specific initiatives borrowings program with structured repayment – $361,600.
Category A Industrial and Residential Land – $2,573,200. $2,526,100 relates to the Krauss Avenue Industrial Estate development and anticipated profits from the sale of industrial land used to fund the construction of the Goonellabah Sport & Aquatic Centre. $47,100 relates to the Blue Hills Residential Estate. Both of these loan are to be repaid from land sales however these have not occurred as quickly as originally anticipated Lismore Base Hospital Parking Precinct – $517,100. The Council invested in car parking infrastructure in response to the development of the Lismore Base Hospital. This is anticipated to be repaid by parking revenues over the next 7 to 8 years. Albert Park Stage 1 – $250,000. Baseball Australia is to contribute this amount towards Stage 1 of the redevelopment of Albert Park. The works were required to be completed by 30 June 2018 under the terms of the grant agreement that funded 50% of the project, however Baseball Australia’s contribution will not be received until 2018/19 ($125,000) and 2019/20 ($125,000).
Category B The balances of internal loans for specific initiatives as at 30 June 2018 are:
Purpose of Loan Balance at 30/06/18 LMB Energy Efficiency 66,800 Street Lighting 65,800 Renewable Energy Master Plan 229,000 Total $361,600
Policy Review There is one minor change required to Policy 1.5.10 – Reserves (Internally Restricted). The reporting section currently includes “An annual report must be presented to Council in October each year“. It is recommended that this be changed to say “An annual report must be presented to Council each year”.
Lismore City Council Meeting held 11 September 2018 - 2017/18 Reserves (Internally Restricted) 222
Report Attachment/s 1. 2017/18 Reserves (Internally Restricted) Summary 2. 2017/18 Reserves (Internally Restricted) Detail
Lismore City Council Meeting held 11 September 2018 - 2017/18 Reserves (Internally Restricted) 223
Report 2017/18 Reserves (Internally Restricted) Summary
Lismore City Council Meeting held 11 September 2018 - 2017/18 Reserves (Internally Restricted) 224
Report
Lismore City Council Meeting held 11 September 2018 - 2017/18 Reserves (Internally Restricted) 225
Report 2017/18 Reserves (Internally Restricted) Detail
Lismore City Council Meeting held 11 September 2018 - 2017/18 Reserves (Internally 226 Restricted)
Report
Lismore City Council Meeting held 11 September 2018 - 2017/18 Reserves (Internally 227 Restricted)
Report
16. 2018/19 Revote Projects Report
Subject 2018/19 Revote Projects
TRIM Record No BP18/1279:EF17/443
Prepared by Manager Finance and Governance
Reason Projects with an approved budget in 2017/18 requiring the Council to revote the budget in 2018/19. Strategic Theme Leadership and participation
Strategy Our decisions and actions are open, transparent, effective and in the interests of all. Action Manage Council meetings and provide support to Councillors in fulfilling their role.
Executive Summary The purpose of this report is to seek Council approval to revote approved project budgets from 2017/18 to 2018/19 for the following projects:- 1. Internal Efficiency Review – $100,000, and 2. Mid Scale Renewable Energy Feasibility – $30,000.
While these projects were progressed during 2017/18, the service required had not commenced or was not contracted as at 30 June 2018.
Due to their prominence these projects have continued into 2018/19 and rather than report as part of the September 2018 Quarterly Budget Review Statement, approval from the Council to revote the budget is now sought.
Recommendation Recommendation That: 1. Council revote the following project budgets from 2017/18 to 2018/19:- a) Internal Efficiency Review – $100,000, and b) Mid Scale Renewable Energy Feasibility – $30,000.
Background The Local Government (General) Regulations 2005 section 211 requires authorisation of expenditure. A council must not incur a liability for the expenditure of money unless the council has approved the expenditure and has voted the money necessary to meet the expenditure. All such approvals and votes lapse at the end of the financial year except for:-
Works carried out or started, or contracted to be carried out, for the council, or Any services provided, or contracted to be provided, for the council, or Goods or materials provided, or contracted to be provided, for the council, or Facilities provided or started, or contracted to be provided, for the council before the end of the year concerned.
Lismore City Council Meeting held 11 September 2018 - 2018/19 Revote Projects 228
Report
These ‘carry forward works’ can continue to completion beyond 30 June but must remain within the approved budget.
Revote works are where there is an approved budget and the works/services/good-material/facilities have not started or been contracted but intention to seek approval to undertake in the next year is sought.
This reports recommends that two revote projects be adopted by the Council. They are:- 1. Internal Efficiency Review – $100,000, and 2. Mid Scale Renewable Energy Feasibility – $30,000. Both of these projects were progressed during 2017/18, however the service required had not commenced or was not contracted as at 30 June 2018.
These projects have continued into 2018/19 due to their prominence and rather than wait for reporting as part of the September 2018 Quarterly Budget Review Statement to Council in November 2018 approval is sought to revote these budgets now.
From a financial perspective, if the recommendation is adopted there would be timing impact across financial year’s i.e. net operating results for 2017/18 would show a favourable movement of $130,000 and net operating results for 2018/18 would show an unfavourable movement of $130,000. There would be no impact on the cash position in each year.
Attachment/s There are no attachments for this report.
Lismore City Council Meeting held 11 September 2018 - 2018/19 Revote Projects 229
Report
17. Annual Pecuniary Interest Return 2018-2019 Report
Subject Annual Pecuniary Interest Return 2018-2019
TRIM Record No BP18/1004:EF18/121
Prepared by Governance Coordinator
Reason Pecuniary Interest Returns are required to be tabled at a Council meeting
Strategic Theme Leadership and participation
Strategy Our decisions and actions are open, transparent, effective and in the interests of all. Action Manage Council meetings and provide support to Councillors in fulfilling their role.
Executive Summary Pecuniary Interest Returns for Councillors and Designated staff are required to be completed and tabled at a Council meeting.
2018/19 Pecuniary Interest Returns have been completed and are now submitted to Council for acknowledgement.
Recommendation Recommendation That the report be received and the tabled 2018/19 Pecuniary Interest Returns be acknowledged.
Background The Office of Local Government has issued a set of guidelines associated with the administrative process for the completion of Pecuniary Interest Returns. These guidelines require that the Pecuniary Interest Returns are tabled at a Council meeting.
In accordance with the guidelines, the 2018/19 Pecuniary Interest Returns for Councillors and Designated staff have been completed and are tabled. Comments Finance Not required. Public consultation Not required.
Attachment/s There are no attachments for this report.
Lismore City Council Meeting held 11 September 2018 - Annual Pecuniary Interest Return 2018- 230 2019
Report
Lismore City Council Meeting held 11 September 2018 - Annual Pecuniary Interest Return 2018- 231 2019
Report
18. 2018 NSW Local Government Conference Report
Subject 2018 NSW Local Government Conference
TRIM Record No BP18/1266:EF18/100
Prepared by Executive Assistant - Mayor and Councillors
Reason Council to determine voting delegates and process for any motions to be approved and submitted. Strategic Theme Leadership and participation
Strategy We provide effective management and responsible governance.
Action Ensure the efficient and effective operation of Council.
Executive Summary The 2018 NSW Local Government Conference will be held in Albury from Sunday 21 to Tuesday 23, October 2018.
While Councillors are able to self-nominate, the Council is required to determine its three voting delegates and any proposed motions to be submitted to the Conference.
Recommendation Recommendation That: 1. Determines three voting delegates for the 2018 NSW Local Government Conference 2. Determines any motions to be submitted at the NSW Local Government Conference
Background The 2018 Local Government NSW Annual Conference will take place from Sunday 21 to Tuesday 23 October 2018 at the Entertainment Centre, Albury.
The Conference is the main policy making event for the local government sector where issues are debated and motions put forward for consideration by delegates.
Lismore City Council is entitled three voting delegates and the Mayor is usually one of them, but this is not compulsory. A decision on voting delegates is required as the deadline to provide the names to LGNSW is 5pm on Tues 2 Oct 2018.
Currently, as per correspondence received by the Executive Assistant – Mayor and Councillors, Mayor Smith, Councillor Bird and Councillor Moorhouse have self-nominated to attend the 2018 NSW Local Government Conference.
Proposed motions should have preferably been submitted by 26 August 2018, but the official deadline is Sunday 23 September at midnight. Proposed motions should be strategic, affect members state-wide and introduce new or emerging policy issues and actions. At this time proposed motions have not been canvassed so Councillors are invited to submit proposed motions prior to this Council meeting for determination.
Lismore City Council Meeting held 11 September 2018 - 2018 NSW Local Government Conference 232
Report
Comments Finance In addition to the $22,000 included in the 2018/19 Budget for Councillor’s Professional Development, $10,200 has been included specifically for the attendance at the annual NSW Local Government Conference.
Depending on the number of Councillors attending, the total combined budget is likely to be sufficient.
Attachment/s There are no attachments for this report.
Lismore City Council Meeting held 11 September 2018 - 2018 NSW Local Government Conference 233
Report
19. Council's Ordinary Meeting Schedule for 2019 Report
Subject Council's Ordinary Meeting Schedule for 2019
TRIM Record No BP18/813:EF18/58
Prepared by Executive Assistant - Mayor and Councillors
Reason To determine Council's Ordinary Meeting schedule for 2019
Strategic Theme Leadership and participation
Strategy Our decisions and actions are open, transparent, effective and in the interests of all. Action Manage Council meetings and provide support to Councillors in fulfilling their role.
Executive Summary In accordance with the Council’s adopted Code of Meeting Practice, this report sets out the Ordinary Meeting schedule for 2019.
Recommendation Recommendation That: 1. The first Ordinary Meeting of Council for 2019 be held on Tuesday, 12 February 2019 at 6pm and then on the second Tuesday of the month thereafter for 2019.
Background The Council’s Code of Meeting Practice (Code) sets out the following:-
PART 1 – Before the Meeting 1. When are Council Meetings Held? a) Prior to the end of each calendar year, the General Manager shall submit a draft schedule of Ordinary Meeting dates to Council for the ensuing year and Council shall adopt a schedule of Ordinary Meeting dates. b) No circumstances shall prevent Council from altering the schedule of Ordinary Meeting dates provided the public is given adequate notice. c) Council has adopted an Ordinary Meeting cycle of the second Tuesday of the month (excluding January), commencing at 6.00pm. 2. Where are Council Meetings Held? a) The Act or Regulation does not stipulate where a Council must hold its Meetings. Council may resolve to conduct Ordinary Council Meetings to be held at a location other than the Goonellabah Corporate Centre. A decision of this nature may affect Council’s ability to “live stream” meetings on the internet and may incur additional costs that should be considered and accounted for.
The purpose of this report is to meet the above requirements. In accordance with the Code, the first Ordinary Meeting would be held on Tuesday, 12 February 2019.
Lismore City Council Meeting held 11 September 2018 - Council's Ordinary Meeting Schedule for 234 2019
Report For 2018, the Council resolved not to hold an ordinary meeting in July. This decision was made before the Council adopted the Code in April 2018. The recommendation in this report is consistent with the Code however it is highlighted the Code also provides that ‘No circumstances shall prevent Council from altering the schedule of Ordinary Meeting dates provided the public is given adequate notice’ should the Council wish to continue the practice of not holding an Ordinary Meeting in July 2019.
With regards to July 2018, while there was no Ordinary Meeting or Council Briefing on Tuesday, 10 July, an additional Ordinary Meeting (17/7) along with weekly Council Briefings were held. While it is not possible to quantify the actual impact of no Ordinary Meeting in July, it is clear that business was simply held over to the 14 August Ordinary Meeting where 29 items were listed for determination compared to the average of approximately 15 items. Whether there is a meeting in July or not is a matter for the Council to determine. Comments Finance Not required.
Public consultation N/A
Conclusion The first Ordinary Meeting of Council for 2019 be held on Tuesday, 12 February 2019 at 6pm and then on the second Tuesday of the month thereafter for 2019.
Attachment/s There are no attachments for this report.
Lismore City Council Meeting held 11 September 2018 - Council's Ordinary Meeting Schedule for 235 2019
20. Change in 2018 Council Meeting Schedule Report
Subject Change in 2018 Council Meeting Schedule
TRIM Record No BP18/1111:EF18/58
Prepared by Executive Assistant - Mayor and Councillors
Reason To remove the Additional Ordinary Council meeting scheduled for 23rd October as it is no longer requried Strategic Theme Leadership and participation
Strategy Our decisions and actions are open, transparent, effective and in the interests of all. Action Manage Council meetings and provide support to Councillors in fulfilling their role.
Executive Summary The Additional Ordinary Council meeting scheduled for 23 October 2018 is recommended to be removed from the meeting schedule as it is no longer required.
Originally this meeting was added to accommodate the Council forming its opinion on the 2017/18 Financial Reports, however these will now be reported to Council’s 9 October 2018 meeting.
Recommendation Recommendation That the Additional Ordinary Council meeting scheduled 23rd October 2018 be removed from the meeting schedule.
Background Council adopted the 2018 Council meeting schedule in November 2017. In that schedule an additional ordinary meeting was included for Tuesday, 23rd October 2018. This meeting was to be held for Council to form its opinion on the 2017/18 Financial Reports.
Since then it has come to light that the LGNSW Conference will be occurring from the 21st to the 24th of October. As a number of Councillors and the Acting General Manager will be attending the Conference, this would mean they would not be in attendance at Council’s 23 October meeting.
To ensure all Councillors and Senior Staff are present for this matter, the report on the 2017/18 Financial Reports will now be submitted to the 9 October 2018 meeting.
As now there is no need for the additional ordinary meeting on this date, the Council is required to resolve to remove the meeting from the adopted meeting schedule.
Public consultation Not required.
Attachment/s There are no attachments for this report.
Committee Recommendations
Committee Recommendations 21. Traffic Advisory Committee Minutes - Meeting of 15 August 2018 Committee Recommendation Traffic Advisory Committee Minutes - Meeting of 15 August 2018
Recommendation Recommendation That the minutes be received and adopted and the recommendations contained therein be adopted.
Attachment/s 1. Traffic Advisory Committee Minutes - Meeting of 15 August 2018
Lismore City Council Meeting held 11 September 2018 - Traffic Advisory Committee Minutes - 240 Meeting of 15 August 2018
Traffic Advisory Committee Minutes - Meeting of 15 August 2018
MINUTES OF TRAFFIC ADVISORY COMMITTEE MEETING HELD IN THE CONFERENCE ROOM, OFFICE OF THOMAS GEORGE, MP, CONWAY STREET, LISMORE ON WEDNESDAY, 15 AUGUST 2018 AT 10:00AM.
Please note: These minutes are subject to confirmation at the next Council meeting.
Present
Councillor Bill Moorhouse (Chairperson), Snr Const Rob Clark (Lismore Police), Bronwyn Mitchell (on behalf of Thomas George MP, Member for Lismore), and Catherine Boulton (NSW Roads and Maritime Services).
In Attendance
Matt Kelly (Compliance Coordinator) for Item 4.8 (Lismore CBD Parking Policy 2014), Andrew Walker (Visitor Services Coordinator) for Item 4.9 (Variable Message Signs) and Barry Goodwin (Design Services Engineer).
Apologies
TAC50/18 An apology was received on behalf of Thomas George, MP, Member for Lismore.
Confirmation of Minutes
TAC51/18 The Committee was advised that the recommendations contained within the Traffic Advisory Committee minutes of 20 June 2018 and report of 18 July 2018 were received and adopted at Council’s meeting held on 14 August 2018.
Disclosure of Interest
Nil.
Part ‘A’ – Committee Recommendations
4.1 Traffic Safety Issues – High Street/ Bellevue Avenue Intersection, Lismore Heights Request received for No Stopping zone and speed humps on High Street at its intersection with Bellevue Avenue.
A request has been received from C Shearman of Bellevue Avenue seeking the installation of a No Stopping zone on the southern side of High Street, preventing vehicles parking at the T intersection with Bellevue Avenue. It was further mentioned that vehicles often speed along High Street and a request was also made for a speed hump to be installed on High Street.
Council Officers, NSW Police and Councillor Moorhouse inspected the site on 6 August
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2018. Sight distance from Bellevue Avenue to the west along High Street is restricted to approximately 20m due to a crest on High Street, and approximately 35m to the east due to the angle of the High Street road alignment. Sight distances from both directions do not comply with Austroads Standards; design guidelines recommend 45m for a 50kph speed environment. Adjustment to the crest would require significant infrastructure works and service adjustments. There is a daily school bus which turns into Bellevue Avenue from High Street, heading west.
Accident History 2014 - One non injury vehicle/ object related. 2000-2012 – Six incidents at the eastern corner approaching the intersection.
TAC52/18 RECOMMENDED that: 1. Council note the Committee does not support the request for a speed hump on High Street (TAC49/18 – 18 July 2018). 2. Council Officers undertake community consultation with local residents and bus companies, seeking feedback on the proposal to install a median restricting right turns into Bellevue Avenue from High Street heading west, with results to be submitted to a future meeting. 3. A yellow No Stopping Line be installed on the southern side of High Street adjacent to No. 173. 4. A Stop sign be installed on Bellevue Avenue at the High Street intersection.
Voting for: Councillor Bill Moorhouse, Catherine Boulton, Snr Const Rob Clark, Bronwyn Mitchell.
Voting against: Nil
4.2 Request for No Stopping Zone - 38 Wilson Street, South Lismore Request from M Quine for changes to existing onstreet parking conditions at Wilson Street.
Council’s Design Services team has prepared a set of construction plans for the rehabilitation of Wilson Street between Casino Street north to the Robert White Bridge. These works include the installation of line marking and Raised Pavement Markings (RPMs) in the area as referred to by Mr Quine. These works have been rescheduled to a future construction program. Mr Quine has sought: 1. Line-marking and RPMs as part of the Wilson Street upgrade. 2. No Stopping zone on the service road from the eastern meridian strip to Charles Street (deterrent for parking of caravans).
With respect to Item 2, Council Rangers have visited the site on several occasions and the caravan has been parked legally within the onstreet parking area of Wilson Street and clear of the intersection with Charles Street (NSW Parking Rule of 10m clear zone being observed). A yellow No Stopping Line around the kerb returns of Charles Street has been included on the future construction design plans.
The Design Services team has also confirmed the site distance from Charles Street north to the bridge (65m) complies with Australian Standards (47m-54m). Traffic volumes indicate an Average Daily Traffic (ADT) of 3,174 vehicles with an 11% heavy vehicle component and 85% percentile speed of 57 kph. There have been no recorded accidents for the period of 2012 to 2017 between Charles Street north to the Robert White Bridge. There was one injury related incident on the bridge in 2001.
TAC53/18 RECOMMENDED that:
Lismore City Council Meeting held 11 September 2018 - Traffic Advisory Committee Minutes - 242 Meeting of 15 August 2018
1. Council not support the request for a No Stopping zone. 2. Line marking be installed on Wilson Street, from Charles Street to the Robert White Bridge in accordance with Design Plan R4069. 3. Council Rangers monitor non-compliant parking at the intersection of Wilson and Charles Streets.
Voting for: Councillor Bill Moorhouse, Catherine Boulton, Snr Const Rob Clark, Bronwyn Mitchell.
Voting against: Nil
4.3. Goonellabah Preschool - Parking Changes at Spring Avenue, Goonellabah Request for onstreet parking changes at 20 Spring Avenue.
A request has been received from Council’s Development Engineer for the Committee to consider parking changes outside the Goonellabah Preschool to manage the pick-up and drop off of existing children attending the facility and the planned 10 additional students.
Spring Avenue is a local access road under Council’s road hierarchy. It is a two-way sealed road approximately 9.8m wide, with a cul-de-sac south of the preschool, with no onstreet parking restrictions.
The proposed changes include: Spring Avenue (north/south) 1. The provision of 19m parallel parking for a 10min drop off zone for three vehicles. (Note this would reduce the travel lane in this area to one lane width during peak times.) 2. Provision of one onstreet parking zone for staff parking.
Spring Avenue (east/west) Provision of parallel parking for two vehicles (unrestricted parking) including kerb and gutter and sealed parking areas.
TAC54/18 RECOMMENDED that: 1. Council not support the request for parking restrictions to be installed at 20 Spring Avenue, Goonellabah (north/south) as proposed. 2. Council’s Development and Compliance Section investigate with the applicant opportunities to expand the parking zone at Spring Avenue (east/west) to accommodate the pick up/ drop off zone and staff parking, and provide an updated plan to the Committee.
Voting for: Councillor Bill Moorhouse, Catherine Boulton, Snr Const Rob Clark, Bronwyn Mitchell.
Voting against: Nil
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Part ‘B’ – Determined by Committee
4.4 Intersection Upgrade – Bridge Street and Pitt Street, North Lismore Request received to review the intersection of Bridge Street and Pitt Street, for the purpose of upgrading the intersection and providing a safer traffic environment.
A request has been received from Mr AR Riordan on behalf of RCS Group (Riordans Consulting Surveyors) for Council to review the intersection of Bridge and Pitt Streets, and to consider upgrading the intersection to provide a safer traffic environment.
The intersection currently operates as a T intersection with Bridge Street (north) governed by a Give Way priority for southbound traffic. Bridge Street (north) is classified as a local collector road under Council’s road hierarchy; nominal 5.7m wide, sealed two way road. Bridge Street (south) is classified as a local collector road; nominal 7.5m wide, sealed two way road. Bridge Street provides connectivity to the Lismore Showgrounds and north to Dunoon Road.
Pitt Street is classified as a local access road; nominal 6.5m wide, sealed two way road. Pitt Street provides access to Richmond River High School and east to connect with Winterton Parade. It has been identified as a future ring road in Council’s road hierarchy.
The writer provided several diagrams including Diagram 2 - Existing Traffic Flows which indicated westbound traffic in Pitt Street turning right into Bridge Street (north) and the potential for conflict. This can be managed by line marking. There is approximately 9.0m wide carriageway width around the curve from Bridge Street (south) to Pitt Street.
Diagram 3 indicated the possibility of a roundabout being installed, however traffic movements and volumes would need to be clarified by a traffic study to assist with determining if a roundabout is warranted.
The Committee noted that there is currently no traffic data to determine priority movements and traffic volumes and vehicle types. Accident history indicates no recorded incidents between 2012-2017. A single vehicle incident was reported in 2002 of a run-off road incident at night in dry conditions with impact with an object.
TAC55/18 AGREED that: 1. The Committee not support the request for a roundabout at the intersection of Bridge Street and Pitt Street. 2. A Traffic Analysis be undertaken by the writer and the matter deferred pending that report. 3. Double Barrier centre line marking be installed on Bridge Street (south) and Pitt Street. 4. Existing line marking on Bridge Street (north) be reinstated.
Voting for: Councillor Bill Moorhouse, Catherine Boulton, Snr Const Rob Clark, Bronwyn Mitchell.
Voting against: Nil
Lismore City Council Meeting held 11 September 2018 - Traffic Advisory Committee Minutes - 244 Meeting of 15 August 2018
4.5 Request for Convex Mirror - 472 Dunoon Road, Tullera Request for a convex mirror to be installed opposite 472 Dunoon Road, Tullera.
A request has been received from a resident from James Street in relation to the installation of a convex mirror on the western side of Dunoon Road, opposite 472 Dunoon Road.
Dunoon Road is classed as rural arterial road (80 kph) under Council’s road hierarchy. It is a rural locality with three dwellings located in close proximity providing access to Dunoon Road on the eastern side for residences of 472 and 474 and on the western side for the residence at 459. There is existing Turning Traffic Over Crest signage to alert motorists that vehicles may enter from the adjoining driveways and to drive accordingly.
Note: Council has previously not supported similar requests, unless in extreme circumstances as mirrors do not provide an accurate reflection of traffic and distances can be misleading.
TAC56/18 AGREED that: 1. The Committee not support the request for installation of a convex mirror opposite 472 Dunoon Road, Tullera. 2. A request for overhanging vegetation to be cleared be forwarded to Council’s Civic Services Section to improve sight distance. 3. The writer be advised of the determination.
Voting for: Councillor Bill Moorhouse, Catherine Boulton, Snr Const Rob Clark, Bronwyn Mitchell.
Voting against: Nil
4.6 Speed and Traffic Issues - Homestead Avenue, Goonellabah Request received from Dr R Lehman, resident of Homestead Avenue, for a speed hump to be installed in the vicinity of 3 Homestead Avenue to reduce speeding drivers.
Homestead Avenue is a No Through road in a residential area of Goonellabah. It provides access to a small cul-de-sac in Stanley Court. It is classed as a local access road under Council’s road hierarchy with a 8.0m sealed carriageway. The area identified is on a curved alignment with overhanging vegetation which reduces sight distance for oncoming vehicles. This is identified by the resident as an issue. The majority of vegetation appears to be on private property.
The installation of a speed hump would reduce available onstreet parking for residents and visitors. Council Officers, NSW Police and Councillor Moorhouse inspected the site on 6 August 2018.
Recent speed classifiers have produced the following results: 153 ADT with 0.4% heavy vehicle component. 85th percentile speed of 39 kph.
TAC57/18 AGREED that: 1. The Committee not support the request for a speed hump on Homestead Avenue. 2. The Design Services team prepare a plan to install centre line markings and suitable delineation between 2-12 Homestead Avenue. 3. Council’s Civic Services Section prune overhanging vegetation at Homestead Avenue where sight distance is restricted.
Voting for: Councillor Bill Moorhouse, Catherine Boulton, Snr Const Rob Clark, Bronwyn Mitchell.
Voting against: Nil
4.7 Traffic Issues - Lismore Base Hospital, Uralba Street
Lismore City Council Meeting held 11 September 2018 - Traffic Advisory Committee Minutes - 245 Meeting of 15 August 2018
Provision of traffic calming devices in Uralba Street, between Hunter and Dibbs Streets.
Correspondence has been received from Committee members of the Lismore Base Hospital United Hospital Auxiliaries of NSW for the investigation of traffic calming strategies in Uralba Street adjacent to the hospital. The Auxiliary have concerns around the safety of patients, families, staff and children as they cross Uralba Street. It has also suggested that some motorists drive at excessive speeds in the area and concern is raised for pedestrian safety when emergency vehicles leave or arrive at the Emergency Park Zones.
Installation of multiple speed humps on Uralba Street, with appropriate road markings and signage The request for speed humps would not be in accordance with Austroads Guide to Traffic Management Part 8: Local Area Traffic Management. The introduction of speed humps between Hunter and Dibbs Streets would impact on available onstreet parking areas currently exhausted at peak times during the day.
Establishment of a reduced speed zone on Uralba Street between Dibbs and Hunter Streets, with appropriate signage Speed Zone management and reviews are undertaken by the NSW Roads and Maritime Services.
(Note: Hunter Street, between Uralba Street north to Laurel Avenue, was converted to a 40kph High Pedestrian Area in 2013.)
Installation of self-operating pedestrian lights at the established pedestrian crossing in front of the main entrance to manage foot traffic and prevent potential road rage incidents as some drivers become impatient with pedestrians crossing the road. Installation of pedestrian lights are determined and managed by the NSW Roads and Maritime Services.
Uralba Street is classified as an arterial road under Council’s road hierarchy with a sealed nominal 20.0m wide two way carriageway, which includes a slip lane to access the parking station. There is a planned median approved to be installed between Little Uralba Street east to the roundabout at Dibbs Street post completion of the next stage of the hospital development. There have been five accidents in Uralba Street outside the hospital between 2012 and 2017, with one non-injury incident post the recent hospital upgrades and channelisation.
The latest traffic count results indicate 12,800 (ADT) Average Daily Traffic movements. The road is highly used by heavy vehicles and several commercial bus services providing the shortest connection between Lismore and Goonellabah.
TAC58/18 AGREED that: 1. Traffic classifiers be installed on Uralba Street, between Dibbs and Hunter Streets, to assess vehicle speeds and volumes, with the results submitted to a future meeting. 3. NSW Roads and Maritime Services provide a response to the Committee in regard to the request for a speed zone reduction on Uralba Street outside the Lismore Base Hospital. 4. NSW Roads and Maritime Services provide a response to the Committee in regard to the request for self-operating pedestrian lights. 5. The Committee not support the request for speed humps on Uralba Street. 6. The writer be advised of the Committee’s determination.
Voting for: Councillor Bill Moorhouse, Catherine Boulton, Snr Const Rob Clark, Bronwyn Mitchell.
Voting against: Nil
4.8 Lismore CBD Parking Policy 2014 Update provided on Lismore CBD Parking Policy 2014 requested as part of the
Lismore City Council Meeting held 11 September 2018 - Traffic Advisory Committee Minutes - 246 Meeting of 15 August 2018
development process.
Councils’ Compliance Coordinator provided an update on the operations of business permits associated with social clubs and CBD tradespeople and feedback from RMS regarding the Permit Parking Guideline. It was identified that introduction of the business parking scheme had been successful. Signage within the zones now requires updating to recognise the exemption for permit holders.
The Committee was informed of recent representations requesting consideration of introducing residential parking within the CBD, particularly in recognition of Council’s promotion of shop-top housing. It was considered that the anticipated scale (number of permits issued) of any residential permit system would be small, however consideration needs to be given to the ‘hierarchy of car parking supply’ within the CBD and potential option of designated zones.
TAC59/18 AGREED that: 1. The Compliance Coordinator’s update on the Lismore CBD Parking Policy 2014 be received and noted. 2. Results of further consideration for a CBD residential permit system be reported back to the Committee.
Voting for: Councillor Bill Moorhouse, Catherine Boulton, Snr Const Rob Clark, Bronwyn Mitchell.
Voting against: Nil
4.9. Aboriginal Knockout Rugby League – Request for Variable Message Signs Request received from Council’s Events team for use of Variable Message Signs (VMS) for annual Aboriginal Knockout Rugby League Carnival on 15-16 September 2018.
The request related to the installation of VMS boards to direct traffic to dedicated parking areas at Jolley Field and are intended to be located on Dawson Street, which requires NSW Roads and Maritime Services’ approval. Note: The request has been cancelled by the Events team since the meeting occurred.
The Committee discussed the use of VMS boards for future requests to adopt some guidelines.
Applications for VMS on NSW Roads and Maritime Services owned road reserves ie (Ballina Road B60, Bruxner Highway B60, Dawson Street B62). The use of VMS is required to be in accordance with Technical Direction TDT2010/07 Use of Variable Message Signs (VMS) RTA Policy, where signage is installed on NSW Roads and Maritime Services assets. The policy states; “Advertising on VMS - VMS within the classified road reserve must not be used for advertising (community or commercially based).”
Applications for VMS on Lismore City Council owned road reserves Council’s Development & Compliance Section advises; “Any Structure in the road reserve requires Section 138 Approval and it is unlikely Council Officers would approve any such application if submitted for approval. VMS boards are generally used for road information not advertising businesses.”
It was determined that the Traffic Advisory Committee be advised of planned VMS board installation to assess planned locations do not impact on motorists’ sight distance or cause distraction.
TAC60/18 AGREED that for future applications for the use of Variable Message Signs (VMS): 1. The use of VMS boards be in accordance with NSW Roads and Maritime Services
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policies. 2. Application to use VMS boards on RMS roads - application to NSW Roads and Maritime Services. 3. Application to use VMS Boards on Council roads reserves - application through the Traffic Advisory Committee and Section 138 process.
Voting for: Councillor Bill Moorhouse, Catherine Boulton, Snr Const Rob Clark, Bronwyn Mitchell.
Voting against: Nil
Closure This concluded the business and the meeting terminated at 11.15 am.
Lismore City Council Meeting held 11 September 2018 - Traffic Advisory Committee Minutes - 248 Meeting of 15 August 2018
Lismore City Council Meeting held 11 September 2018 - Traffic Advisory Committee Minutes - 249 Meeting of 15 August 2018
Documents for Signing and Sealing
Document for Signing and Sealing
Documents for Signing and Sealing 22. Documents for Signing and Sealing Document for Signing and Sealing
The following documents have been prepared in accordance with previous resolutions of the Council and/or the provisions of the Local Government Act, 1993 and other relevant statues.
It is now proposed that the Council authorise the signing and sealing of these documents.
Executive Summary Assignment of Security Service Contract - T2011-14 Alarcorp Pty Ltd trading as Summerland Security to Assured Security Management Pty Ltd
Alarcorp Pty Ltd trading as Summerland Security have advised they are proposing to sell their security business to Assured Security Management Pty Ltd. Council has been asked to consent to the assignment of the service contract. The service contract between Council and Summerland Security allows for such an assignment of the business to occur.
Council staff have undertaken due diligence with regards to the potential new owners and believe Assured Security Services will be a ‘good fit’ to continue the security services. A resolution from Council to support the assignment is now required for the assignment process to proceed.
Recommendation Recommendation That:
1. Council Consent to the assignment of the security service contract T2011-14 from Alarcorp Pty Ltd trading as Summerland Security Service (ACN 003 349 184) to Assured Security Management Pty Ltd (ACN 611 831 086).
2. The seal of Council be affixed to any documents necessary to finalise the assignment and to enable the sale of the security service to proceed.
Attachment/s There are no attachments for this report.
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Document for Signing and Sealing
Lismore City Council Meeting held 11 September 2018 - Documents for Signing and Sealing 253
Confidential Business
Confidential Matters Confidential Matters–Closed Council Meeting
A Council may close to the public only so much of its meeting as comprises the receipt or discussion of any of the following:
Section 10A(2) – Local Government Act 1993:
a) personnel matters concerning particular individuals; b) the personal hardship of any resident or ratepayer; c) information that would, if disclosed, confer a commercial advantage of a person with whom the Council is conducting (or proposes to conduct) business; 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; e) information that would, if disclosed, prejudice the maintenance of law; f) matters affecting security of the Council, Councillors, Council staff or Council property; g) advice concerning litigation, or advice, that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege; h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.
Clause 34 of Council Code of Meeting Practice Representations from the public as to whether part of the meeting should be closed to the public can be made after the motion to close the meeting has been moved and seconded for a period of 10 minutes.
Recommendation
That the Council exclude members of the press and public from the meeting and move into Closed Council Meeting to consider the following matters:
Item 18.1 Sale of Council Owned Land - 134 High Street, Lismore Heights Grounds for Closure Section 10A(2) (c): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to: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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Confidential Matters
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Unconfirmed Minutes of Lismore City Council 14/08/2018
MINUTES OF THE ORDINARY MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 14 AUGUST 2018 AT 6.00PM
Please note: These minutes are subject to confirmation at the next Council meeting. Decisions recorded in the draft minutes are subject to the Council’s Code of Meeting Practice in relation to rescinding decisions.
Present
Mayor, Councillor Smith; Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise Lloyd, Marks, Moorhouse, together with the Acting General Manager, Acting Executive Director-Sustainable Development, Executive Director-Infrastructure Services, Manager Finance and Governance, Manager RTRL, Manager Major Recreation and Cultural Facilities, Manager Economic Development, Manager - People and Workplace Development, Acting Manager Assets and Support Services, Strategic Planning Coordinator, Acting Media and Community Relations Coordinator, Senior Strategic Planner, Business Manager, Project Officer - Commercial Services, Strategic Engineer - Water & Sewer, Governance Coordinator and Executive Assistant – Mayor and Councillors.
Apologies and Leave of Absence
Leave of Absence 111/18 RESOLVED that a leave of absence for Councillor Casson for the 21 August 2018 be granted (Councillors Marks/Cook) Voting for: Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Nil
Confirmation of Minutes of Previous Meeting
112/18 RESOLVED that ; the minutes of the Lismore City Council held on 17 July 2018 be confirmed. the confidential minutes of the Lismore City Council held on 17 July 2018 be confirmed. the minutes of the Lismore City Council held on 19 June 2018 be confirmed. the minutes of the Lismore City Council held on 12 June 2018 be confirmed. the Confidential minutes of the Lismore City Council held on 12 June 2018 be confirmed.
(Councillors Marks/Bird) Voting for: Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Nil Disclosure of Interest Disclosure of Interest 113/18 RESOLVED that the Disclosures of Interest outlined below be received and noted;
Council Minutes 14 August 2018
Councillor Battista declared a Significant, non-Pecuniary Conflict of Interest for the following item: 14.1 Tender T2018-08 Disability Employment Service for Recycling Activities Nature: His Sister in law is a manager at the House with No Steps
Councillor Battista declared a Significant, non-Pecuniary Conflict of Interest for the following item: Tender T2018-06 Bulk Fuel Supply and Fuel Card Services for Council Plant and Equipment Nature: North Coast Petroleum is a sponsor of Our Kids the Charity his wife works for
Councillor Moorhouse declared a Non-Pecuniary, Non-Significant Conflict of Interest for the following item: 13.6 Lincang, China - Lismore Delegation Nature: Clr Moorhouse is a Macadamia Farmer that would like to attend the Symposium in China.
Councillor Bennett declared a Non-Pecuniary, Non-Significant Conflict of Interest for the following item: 13.6 Lincang, China - Lismore Delegation Nature: Clr Bennett is a macadamia farmer but not a member of the Australian Macadamia Society
Councillor Bird declared a Significant Conflict of Interest for the following item: 15.1 Traffic Advisory Committee Minutes - Meeting of 20 June 2018 Nature: One of the responders at the meeting Simon Clough was on her election ticket
(Councillors Marks/Battista) Voting for: Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Nil
Public Access Session on Agenda Items
Prior to dealing with the circulated reports and associated information, a Public Access Session was held at which Council was addressed by the following: There was no Public Access at this meeting
Mayoral Minute
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8.1 Mayoral Minute
A MOTION WAS MOVED that council: - 1. discontinue the Lismore Business Panel and thank members for their contribution on the current committee and over the past 10 years. 2. conduct an internal review of the SRV governance process, prior to the end of 2018, with a view to proposing a new structure moving forward for the ongoing management of the SRV program. 3. gives interim management of the SRV program to Council’s Tourism and events team and partners with the Lismore Chamber of Commerce and Industry, as per this report, to ensure that SRV monies are properly expended until a new structure is in place. 4. agree in principle to providing financial assistance to Business – Inner CBD ratepayers totalling $246,400 to be applied on a proportionate basis (individual Business – Inner CBD rates as a percentage of total Business – Inner CBD rates for 2018/19) and that $96,400 of the SRV promotion levy program funds to be collected in 2018/19 be included in the total monies provided. 5. the provision of financial assistance to Business – Inner CBD ratepayers be exhibited for a period of 28 days and submissions considered by Council prior to final determination. 6. writes to all property owners and business operators, on successful determination of the motion, informing them of the total decrease in outgoings, urging them to look at way the additional funds could be used to boost CBD visitation, local business promotion and marketing, events and placemaking. 7. direct the General Manager report to Council as part of the next budget process on options to make business rates more equitable and business inner CBD rates reduced
(Councillors Smith/Moorhouse) (BP18/1112)
A Motion of Dissent by Councillor Ekins regarding the decision made by Mayor Smith to disallow her point of order and therefore the Mayoral Minute be deferred, be accepted by Councillors.
(Councillor Ekins) (BP18/1112) Voting for: Councillors Bennett, Casson, Ekins, Guise and Lloyd Voting against: Councillors Battista, Bird, Cook, Marks, Moorhouse and Smith
114/18 RESOLVED that council: - 1. discontinue the Lismore Business Panel and thank members for their contribution on the current committee and over the past 10 years. 2. conduct an internal review of the SRV governance process, prior to the end of 2018, with a view to proposing a new structure moving forward for the ongoing management of the SRV program. 3. gives interim management of the SRV program to Council’s Tourism and events team and partners with the Lismore Chamber of Commerce and Industry, as per this report, to ensure that SRV monies are properly expended until a new structure is in place. 4. agree in principle to providing financial assistance to Business – Inner CBD
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ratepayers totalling $246,400 to be applied on a proportionate basis (individual Business – Inner CBD rates as a percentage of total Business – Inner CBD rates for 2018/19) and that $96,400 of the SRV promotion levy program funds to be collected in 2018/19 be included in the total monies provided. 5. the provision of financial assistance to Business – Inner CBD ratepayers be exhibited for a period of 28 days and submissions considered by Council prior to final determination. 6. writes to all property owners and business operators, on successful determination of the motion, informing them of the total decrease in outgoings, urging them to look at way the additional funds could be used to boost CBD visitation, local business promotion and marketing, events and placemaking. 7. direct the General Manager report to Council as part of the next budget process on options to make business rates more equitable and business inner CBD rates reduced (Councillors Smith/Moorhouse) (BP18/1112)
Voting for: Councillors Battista, Bird, Cook, Marks, Moorhouse and Smith Voting against: Councillors Bennett, Casson, Ekins, Guise and Lloyd
Notice of Rescission Motions
Notice of Motions
10.1 Libraries funding
115/18 RESOLVED that
1. Lismore City Council notes:
a) Libraries in NSW receive less state government funding than in any other state or territory in Australia. b) Previous Council's cuts to library budgets has meant a reduction in library opening hours, reduced resources and a decrease of library staff hours. c) That for every $1 invested in libraries there is a return of $2.90 (ALIA). d) The NSW Government’s recent state budget cut $5.275 million from the state libraries budget - an 18% reduction. e) These cuts will likely impact on Lismore City Council’s library services and is further cost-shifting from the state government onto local government.
2. Council supports the combined LGNSW and NSWPLA funding campaign ‘Renew our Libraries’ 3. Council write to the state government to express deep disappointment at the state government’s decision to cut 18% from the state library budget and demands that this funding be restored.
(Councillors Guise/Lloyd) (BP18/955) Voting for: Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise,
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Lloyd, Marks, Moorhouse and Smith Voting against: Nil
10.2 Reduction of Councillor numbers
A MOTION WAS MOVED That: 1. A freeze on the Business – Inner CBD rates apply until it reaches parity with the Business – Urban rates. 2. The amount received from the annual rate pegging to be reduced by the annual amount of the freeze so no other rates are raised. 3. A partial offset in Council expenditure to be achieved by reducing the number of Councillors from 11 to 9. (Councillors Bennett/Casson) (BP18/1057)
On submission to the meeting the AMENDMENT was DEFEATED that: 1. A freeze on the Business – Inner CBD rates apply until it reaches parity with the Business – Urban rates. 2. The amount received from the annual rate pegging to be reduced by the annual amount of the freeze so no other rates are raised. 3. A partial offset in Council expenditure to be achieved by reducing the number of Councillors from 11 to 9. 4. That a referendum be held at the next Council Election on the matter of reducing Councillor numbers
(Councillors Bennett/Casson) (BP18/1057) Voting for: Councillors Bennett and Casson Voting against: Councillors Battista, Bird, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith
On submission to the meeting the MOTION was DEFEATED. That: 1. A freeze on the Business – Inner CBD rates apply until it reaches parity with the Business – Urban rates. 2. The amount received from the annual rate pegging to be reduced by the annual amount of the freeze so no other rates are raised. 3. A partial offset in Council expenditure to be achieved by reducing the number of Councillors from 11 to 9. (Councillors Bennett/Casson) (BP18/1057) Voting for: Councillors Bennett and Casson Voting against: Councillors Battista, Bird, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith
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On submission to the meeting the FORESHADOWED MOTION was DEFEATED that Council hold a referendum at the 2020 Local Government election on reducing the Councillor numbers from 11 to 9
(Councillors Marks/Cook) (BP18/1057) Voting for: Councillors Bennett, Cook, Marks, Moorhouse and Smith Voting against: Councillors Battista, Bird, Casson, Ekins, Guise and Lloyd
10.3 CBD Rate Freeze
A MOTION WAS MOVED that That Council funds from the General Fund a freeze on Business – Inner CBD rates running until 2023/24.
(Councillors Bennett/Casson) (BP18/1058)
The AMENDMENT that; 1. A freeze on the Business-inner CDB rates apply starting from the 2019/20 financial year for a 5 years period 2. A review be conducted at the end of the period to assess whether it should continue or not,
lapsed due to want of a seconder.
(Councillor Battista) (BP18/1058)
On submission to the meeting the MOTION was DEFEATED that Council funds from the General Fund a freeze on Business – Inner CBD rates running until 2023/24.
(Councillors Bennett/Casson) (BP18/1058) Voting for: Councillors Battista, Bennett, Casson and Ekins Voting against: Councillors Bird, Cook, Guise, Lloyd, Marks, Moorhouse and Smith
10.4 Business Inner CBD Rates
At the request of the mover the MOTION that the General Manager report to Council on the process to make a donation to Business Inner CBD ratepayers on a proportionate basis (individual general rates as a percentage of total general rates) totalling $300,000 in 2018/19 was WITHDRAWN.
(Councillor Moorhouse) (BP18/1090) Councillor Gianpiero Battista left the meeting, the time being 07:20 PM
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Urgency Motion (Cr Darlene Cook) Item No. 10.5 in relation to - That: 1. Council recognise that while the entire NSW is drought affected, the worst areas are west of the range and that many farmers and rural dwellers are suffering from lack of water and stockfeed.
2. Council as a good corporate citizen should participate in community efforts to help provide stock feed and water to those drought affected families
3. Council note that Kyogle Shire Council and Richmond Valley Council are working together to each provide a float truck loaded with hay, and a water tanker which will cart water from Tamworth to drought affected families, and that this mini convoy will travel west this weekend.
4. Council participate in the next convoy, possibly on the weekend of 25/26 August by providing a water tanker and driver, a float truck and driver, sourcing and purchasing a load of hay, and donating these resources to the drought effort.
5. The Acting General Manager liaise with Cr Haydon Doolan of Kyogle Shire Council and Vaughn McDonald to facilitate this contribution.
be considered as a matter of urgency as several local councils are trying to organise the convoy to occur as soon as possible and if we were to wait for the next Council meeting we would not be able to participate.
(Councillors Cook/Bennett)
The Mayor ruled in favour of the Urgency Motion as he felt that if Council was to wait for the next meeting we would miss out in participating in the event.
(Councillor Smith)
116/18 RESOLVED that :
1. Council recognise that while the entire NSW is drought affected, the worst areas are west of the range and that many farmers and rural dwellers are suffering from lack of water and stockfeed.
2. Council as a good corporate citizen should participate in community efforts to help provide stock feed and water to those drought affected families
3. Council note that Kyogle Shire Council and Richmond Valley Council are working together to each provide a float truck loaded with hay, and a water tanker which will cart water from Tamworth to drought affected families, and that this mini convoy will travel west this weekend.
4. Council participate in the next convoy, possibly on the weekend of 25/26 August by providing a water tanker and driver, a float truck and driver, sourcing and purchasing a load of hay, and donating these resources to the drought effort.
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5. The Acting General Manager liaise with Cr Haydon Doolan of Kyogle Shire Council and Vaughn McDonald to facilitate this contribution.
(Councillors Cook/Bennett) Voting for: Councillors Bennett, Bird, Casson, Cook, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Councillor Ekins
Questions for Next Meeting None
Altering Order of Business (Consideration of altering the order of business to debate matters raised during Public Access Session) NIL
Matters Arising At this point Councillor Lloyd Declared a Disclosure of Interest on Matters Arising 13.1 Swim Clubs – 2018/19 Fees and Charges
Councillor Eddie Lloyd left the meeting, the time being 07:33 PM Councillor Adam Guise left the meeting, the time being 07:33 PM Councillor Adam Guise returned to the meeting, the time being 07:34 PM 13.1 Swim Clubs - 2018/19 Fees and Charges
117/18 RESOLVED that : 1. The 2018/19 Fees and Charges for Swim Teams - Season Centre Hire be set at $10 per member.
(Councillors Bennett/Casson) (BP18/1078) Voting for: Councillors Bennett, Casson, Cook, Guise, Marks, Moorhouse and Smith Voting against: Councillors Bird and Ekins
Councillor Eddie Lloyd returned to the meeting, the time being 07:35 PM
13.2 Amended Planning Proposal to rezone 407 and 379A Richmond Hill Road, Richmond Hill for large lot residential
118/18 RESOLVED that Council: 1. support the Amended Planning Proposal to rezone part of 407 and 379A Richmond Hill Road, Richmond Hill (Lot 1 DP 1242157 and Lot 1 DP 254131) from RU1 Primary Production to part Zone R5 Large Lot Residential and part Zone E2 Environmental Conservation to facilitate large lot residential development and conserve areas with
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ecological values as detailed in Attachment 1 to this report;
2. forward the Amended Planning Proposal to the Department of Planning and Environment and request a Gateway Determination;
3. confirms that staff are to proceed to public exhibition of the Amended Planning Proposal based on the Gateway Determination, and report back to Council with any issues as part of post-exhibition reporting of submissions.
(Councillors Marks/Cook) (BP18/915) Voting for: Councillors Bennett, Casson, Cook, Marks, Moorhouse and Smith Voting against: Councillors Bird, Ekins, Guise and Lloyd
Councillor Darlene Cook left the meeting, the time being 07:47 PM Councillor Darlene Cook returned to the meeting, the time being 07:48 PM
Councillor Elly Bird left the meeting, the time being 08:06 PM Councillor Elly Bird returned to the meeting, the time being 08:08 PM 13.3 Deferred Matter rezoning planning proposal - Stage 1 non-urban
119/18 RESOLVED that : 1. Council support the Deferred Matter rezoning planning proposal (stage 1 non-urban) as detailed in Attachment 1 and summarised in this report. 2. The planning proposal as detailed in Attachment 1 is forwarded to the Minister for Planning for a Gateway determination. 3. Council confirms that staff are to proceed to public exhibition of the planning proposal based on the Gateway determination, and report back to Council with any issues as part of post-exhibition reporting of submissions.
(Councillors Bennett/Marks) (BP18/943) Voting for: Councillors Bennett, Casson, Cook, Marks, Moorhouse and Smith Voting against: Councillors Bird, Ekins, Guise and Lloyd
13.4 Planning Proposal - fourth round of general amendments LEP 2012
120/18 RESOLVED that : 1. Council adopt the planning proposal as outlined in Table 1 of this report and detailed in Attachment 1. 2. Council makes the draft Local Environmental Plan in accordance with the Department of Planning and Environment’s written authorisation to exercise delegation.
(Councillors Marks/Bird) (BP18/961) Voting for: Councillors Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd,
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Marks, Moorhouse and Smith Voting against: Nil Councillor Eddie Lloyd left the meeting, the time being 08:18 PM Councillor Eddie Lloyd returned to the meeting, the time being 08:19 PM
13.5 Adoption of Amendment No. 24 to the Lismore Development Control Plan - Part B Chapter 3 Lismore Cultural Precinct.
A MOTION WAS MOVED that Council: 1. adopt Amendment No. 24 to the Development Control Plan - Amendment to Part B Chapter 3 Lismore Cultural Precinct as contained in Attachment 1 of this report, subject to the following changes:
replacing Principle 4 in Section 3.4 of Part B Chapter 3 with the following:
Principle 4 Pedestrians, linkages and public open space Development is to be well integrated with the existing development on the site, surrounding public open space, sports facilities and the CBD. Pedestrians are to be prioritised over vehicle activity in the design and layout of the precinct. Legible, aesthetically pleasing pedestrian linkages are to be provided to Lismore Park, Oaks Oval, adjoining cultural facilities and the CBD. Clear sight lines and lighting will be provided along walkways for pedestrians. A pedestrian bridge is to be provided over Dawson Street as part of the pedestrian network. Public spaces and pedestrian linkages will have as much activated frontage as possible.
Inserting new Principle 9 in Section 3.4 of Part B Chapter 3 as follows:
Principle 9 Ecologically Sustainable Development New buildings are to incorporate features to maximise water and energy efficiency, provide enhanced thermal comfort and utilise water sensitive urban design. Rooftop solar power is to be integrated into the building design. New development is to have Green Star Certification provided by the Green Building Council Australia or equivalent recognised energy efficiency rating scheme. 2. proceed to give notice of its decision in Local Matters in accordance with section 21 of the Environmental Planning and Assessment Regulation 2000.
(Councillors Guise/Ekins) (BP18/969)
On submission to the meeting the AMENDMENT was APPROVED and became the MOTION That Council: 1. adopt Amendment No. 24 to the Development Control Plan - Amendment to Part B Chapter 3 Lismore Cultural Precinct as contained in Attachment 1 of this report. 2. proceed to give notice of its decision in Local Matters in accordance with section 21 of the Environmental Planning and Assessment Regulation 2000.
(Councillors Marks/Moorhouse) (BP18/969) Voting for: Councillors Bird, Cook, Marks, Moorhouse and Smith Voting against: Councillors Bennett, Casson, Ekins, Guise and Lloyd
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The voting being tied the Mayor declared the AMENDMENT APPROVED with his casting vote.
(Councillor Smith) (BP18/969)
On submission to the meeting the AMENDMENT was APPROVED and became the MOTION that Council: 1. adopt Amendment No. 24 to the Development Control Plan - Amendment to Part B Chapter 3 Lismore Cultural Precinct as contained in Attachment 1 of this report.
Inserting new Principle 9 in Section 3.4 of Part B Chapter 3 as follows:
Principle 9 Ecologically Sustainable Development New buildings are to incorporate features to maximise water and energy efficiency, provide enhanced thermal comfort and utilise water sensitive urban design. Rooftop solar power is to be integrated into the building design. New development is to have Green Star Certification provided by the Green Building Council Australia or equivalent recognised energy efficiency rating scheme.
2. proceed to give notice of its decision in Local Matters in accordance with section 21 of the Environmental Planning and Assessment Regulation 2000.
(Councillors Bird/Ekins) (BP18/969) Voting for: Councillors Bird, Cook, Ekins, Guise, Lloyd and Smith Voting against: Councillors Bennett, Casson, Marks and Moorhouse
On submission to the meeting the AMENDMENT was APPROVED and became the MOTION that Council: 1. adopt Amendment No. 24 to the Development Control Plan - Amendment to Part B Chapter 3 Lismore Cultural Precinct as contained in Attachment 1 of this report subject to the following amendments;
replacing Principle 4 in Section 3.4 of Part B Chapter 3 with the following:
Principle 4 Pedestrians, linkages and public open space Development is to be well integrated with the existing development on the site, surrounding public open space, sports facilities and the CBD. Pedestrians are to be prioritised over vehicle activity in the design and layout of the precinct. Legible, aesthetically pleasing pedestrian linkages are to be provided to Lismore Park, Oakes Oval, adjoining cultural facilities and the CBD. Clear sight lines and lighting will be provided along walkways for pedestrians. A potential footbridge over Dawson St should be considered as part of the pedestrian network. Public spaces and pedestrian linkages will have as much activated frontage as possible.
Inserting new Principle 9 in Section 3.4 of Part B Chapter 3 as follows:
Principle 9 Ecologically Sustainable Development
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New buildings are to incorporate features to maximise water and energy efficiency, provide enhanced thermal comfort and utilise water sensitive urban design. Rooftop solar power is to be integrated into the building design. New development is to have Green Star Certification provided by the Green Building Council Australia or equivalent recognised energy efficiency rating scheme.
2. proceed to give notice of its decision in Local Matters in accordance with section 21 of the Environmental Planning and Assessment Regulation 2000.
(Councillors Ekins/Guise) (BP18/969) Voting for: Councillors Bird, Cook, Ekins, Guise, Lloyd and Smith Voting against: Councillors Bennett, Casson, Marks and Moorhouse
On submission to the meeting the AMENDMENT was DEFEATED that Council: 1. adopt Amendment No. 24 to the Development Control Plan - Amendment to Part B Chapter 3 Lismore Cultural Precinct as contained in Attachment 1 of this report. 2. proceed to give notice of its decision in Local Matters in accordance with section 21 of the Environmental Planning and Assessment Regulation 2000.
(Councillors Marks/Moorhouse) (BP18/969) Voting for: Councillors Marks and Moorhouse Voting against: Councillors Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd and Smith
121/18 RESOLVED that Council: 1. adopt Amendment No. 24 to the Development Control Plan - Amendment to Part B Chapter 3 Lismore Cultural Precinct as contained in Attachment 1 of this report subject to the following amendments;
replacing Principle 4 in Section 3.4 of Part B Chapter 3 with the following:
Principle 4 Pedestrians, linkages and public open space Development is to be well integrated with the existing development on the site, surrounding public open space, sports facilities and the CBD. Pedestrians are to be prioritised over vehicle activity in the design and layout of the precinct. Legible, aesthetically pleasing pedestrian linkages are to be provided to Lismore Park, Oakes Oval, adjoining cultural facilities and the CBD. Clear sight lines and lighting will be provided along walkways for pedestrians. A potential footbridge over Dawson St should be considered as part of the pedestrian network. Public spaces and pedestrian linkages will have as much activated frontage as possible.
Inserting new Principle 9 in Section 3.4 of Part B Chapter 3 as follows:
Principle 9 Ecologically Sustainable Development
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New buildings are to incorporate features to maximise water and energy efficiency, provide enhanced thermal comfort and utilise water sensitive urban design. Rooftop solar power is to be integrated into the building design. New development is to have Green Star Certification provided by the Green Building Council Australia or equivalent recognised energy efficiency rating scheme.
2. proceed to give notice of its decision in Local Matters in accordance with section 21 of the Environmental Planning and Assessment Regulation 2000.
(Councillors Ekins/Guise) (BP18/969) Voting for: Councillors Battista, Bird, Cook, Ekins, Guise, Lloyd and Smith Voting against: Councillors Bennett, Casson, Marks and Moorhouse
13.6 Lincang, China - Lismore Delegation
On submission to the meeting the MOTION was DEFEATED that 1. Council approve the Council delegation for the introductory visit to Lincang, China in October 2018 to be Mayor Smith, Councillor Ekins, Councillor Marks, Councillor Moorhouse and a staff member. 2. Councillors pay their own airfares.
(Councillors Ekins/Guise) (BP18/1051) Voting for: Councillors Ekins, Guise and Lloyd Voting against: Councillors Bennett, Bird, Casson, Cook, Marks, Moorhouse and Smith
122/18 RESOLVED that Council do not send a Delegation to Lincang, China
(Councillors Bennett/Guise) (BP18/1051) Voting for: Councillors Bennett, Casson, Cook, Ekins, Guise and Lloyd Voting against: Councillors Bird, Marks, Moorhouse and Smith
Reports of the General Manager Councillor Neil Marks left the meeting, the time being 09:24 PM 14.1 Tender T2018-08 Disability Employment Service for Recycling Activities
123/18 RESOLVED that : 1. Council award the contract for Tender T2018-08 Disability Employment Services for Recycling Activities to House With No Steps for the amount of $426,254 per annum ex GST, for an initial period of three years with an option to extend the contract for a
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further three years. 2. The General Manager be delegated authority to finalise the contract including any necessary minor amendments or variations. 3. The seal of Council be affixed to the contract.
(Councillors Bird/Cook) (BP18/979) Voting for: Councillors Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd, Moorhouse and Smith Voting against: Nil
Councillor Neil Marks returned to the meeting, the time being 09:26 PM 14.2 Tender T2017-08 Casual Plant Hire
124/18 RESOLVED that : 1. Council adopt the panel of supplier panels for T2017-08 Casual Plant Hire as outlined in the report under “Pre-approved Providers” for a period of two years with an option to extend at Council’s discretion for a further two year period. 2. The General Manager be delegated authority to exercise the option to extend the contract for up to two years subject to satisfactory performance of the contractors.
(Councillors Bird/Cook) (BP18/826) Voting for: Councillors Bird, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Councillors Bennett and Casson
Councillor Bill Moorhouse left the meeting, the time being 09:27 PM Councillor Bill Moorhouse returned to the meeting, the time being 09:30 PM Councillor Greg Bennett left the meeting, the time being 09:31 PM Councillor Greg Bennett returned to the meeting, the time being 09:32 PM 14.3 Tender T2018-06 Bulk Fuel Supply and Fuel Card Services for Council Plant and Equipment
125/18 RESOLVED that : 1. Council award the contract for Tender T2018-06 Bulk Fuel Supply for Council Plant and Equipment to North Coast Petroleum at the rates outlined in their tender submission for a period of three years, with an option of an additional three years. 2. Council award the contract for Tender T2018-06 Fuel Card Services for Council Plant and Equipment to North Coast Petroleum at the rates outlined in their tender submission for a period of three years, with an option of an additional three years. 3. Council authorise the General Manager to finalise the contract including any necessary minor amendments or variations. 4. The seal of Council be affixed to the contract.
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(Councillors Marks/Bird) (BP18/980) Voting for: Councillors Bird, Cook, Lloyd, Marks, Moorhouse and Smith Voting against: Councillors Bennett, Casson, Ekins and Guise
14.4 Tender T2018-07 Bulk Transport of Quarry Materials
126/18 RESOLVED that : 1. Council adopt the following panel of suppliers, in no particular order, for Tender T2018- 07 Bulk Transport of Quarry Materials, based on their respective submissions and Schedule of Rates provided, for a period of three years, with an option to extend the contract period for an additional three years: S&L Sand and Gravel Pty Ltd Richmond Sand Gravel and Landscaping Smith Plant (Lismore) Pty Ltd HXR (Holmes Extractive Resources).
2. Due to the varying nature of the work required under the contract, engagement of the suppliers will occur on a project by project basis with an assessment of the best supplier for the work to be undertaken at the time based on the requirements of the project and an assessment of each supplier’s capability to meet those requirements. 3. Council authorise the General Manager to finalise the contract including any necessary minor amendments or variations. 4. The seal of Council be affixed to the contracts.
(Councillors Bird/Marks) (BP18/984) Voting for: Councillors Bird, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Councillors Bennett and Casson
14.5 Acquisition for Road Widening - Dunoon Road, Modanville
127/18 RESOLVED that : 1. Council consent to the acquisition of land from parts of 886, 838, 816 and 798 Dunoon Road, Modanville as shown (R) on the proposed Plan of Subdivision attached to the report for road widening. 2. All costs associated with the land acquisition be met by Council including survey, Council fees, the landowners’ reasonable legal fees and plan registration fees. 3. Compensation be paid in accordance with the Valuer General’s assessment of the landowners’ properties or as otherwise negotiated by the General Manager. 4. In the event agreement cannot be reached with any/all of the affected landowners, Council make application to the Minister for Local Government and the Governor for the compulsory acquisition of those parts of the following properties shown (R) on the proposed Plan of Subdivision attached to the report in accordance with
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Section 177 of the Roads Act, 1993: a) Lot 1 in DP 374734 (shown as Lot 101) b) Lot 2 in DP 1179439 (shown as Lot 102) c) Lot 132 in DP 755729 (shown as Lot 103) d) Lot 226 in DP 755729 (shown as Lot 104). 5. The seal of Council be affixed to the following documents: a) Plan of Subdivision b) Deeds of Agreement c) any other documents necessary to finalise the matter.
(Councillors Moorhouse/Marks) (BP18/1095) Voting for: Councillors Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Nil
14.6 Regional Growth Fund - Regional Cultural Fund
A MOTION WAS MOVED that : 1. Council not proceed with making application to the Regional Cultural Fund (Round 2) stream of the NSW State Government Regional Growth Fund. 2. Council consider future grant funding opportunities for the proposed new library and associated infrastructure. 3. Council provide in-kind support to the Northern Rivers Performing Arts (NORPA) to assist with their preparation and development of an application to the Regional Cultural Fund (Round 2) that has a focus upon modernising production equipment, upgrading internal and external lighting to become more sustainable and the activation of external areas to improve audience and artist experiences.
(Councillors Marks/Casson) (BP18/1108)
On submission to the meeting the AMENDMENT was DEFEATED that: 1. Council not proceed with making application to the Regional Cultural Fund (Round 2) stream of the NSW State Government Regional Growth Fund. 2. Council provide in-kind support to the Northern Rivers Performing Arts (NORPA) to assist with their preparation and development of an application to the Regional Cultural Fund (Round 2) that has a focus upon modernising production equipment, upgrading internal and external lighting to become more sustainable and the activation of external areas to improve audience and artist experiences. (Councillors Casson/Bennett) (BP18/1108) Voting for: Councillors Bennett and Casson Voting against: Councillors Bird, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith
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128/18 RESOLVED that : 1. Council not proceed with making application to the Regional Cultural Fund (Round 2) stream of the NSW State Government Regional Growth Fund. 2. Council consider future grant funding opportunities for the proposed new library and associated infrastructure. 3. Council provide in-kind support to the Northern Rivers Performing Arts (NORPA) to assist with their preparation and development of an application to the Regional Cultural Fund (Round 2) that has a focus upon modernising production equipment, upgrading internal and external lighting to become more sustainable and the activation of external areas to improve audience and artist experiences. (Councillors Marks/Casson) (BP18/1108) Voting for: Councillors Bird, Cook, Marks, Moorhouse and Smith Voting against: Councillors Bennett, Casson, Ekins, Guise and Lloyd
The voting being tied the Mayor declared the MOTION APPROVED with his casting vote. (Councillor Smith) (BP18/1108)
At this point in the meeting Clr Guise declared a conflict of interest on the Edible Streetscapes progress report as he has a verge garden 14.7 Imagine Lismore Delivery Program Progress Report: June 2018
A MOTION WAS MOVED that: 1. Council endorse the attached Delivery Program Progress Report: June 2018
(Councillors Guise/Bird) (BP18/1106)
On submission to the meeting the AMENDMENT was APPROVED and became the MOTION that: 1. Council endorse the attached Delivery Program Progress Report: June 2018 2. The delivery program progress report be brought to a Councillor briefing prior to it being tabled at a Council Meeting
(Councillors Ekins/Guise) (BP18/1106) Voting for: Councillors Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Councillors Bennett, Bird and Casson
129/18 RESOLVED that : 1. Council endorse the attached Delivery Program Progress Report: June 2018 2. The delivery program progress report be brought to a Councillor briefing prior to it
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being tabled at a Council Meeting
(Councillors Ekins/Guise) (BP18/1106) Voting for: Councillors Bird, Cook, Ekins, Lloyd, Marks, Moorhouse and Smith Voting against: Councillors Bennett, Casson and Guise
Councillor Vanessa Ekins left the meeting, the time being 10:08 PM 14.8 Policy Review - Fees and Charges Pricing
130/18 RESOLVED that Policy 1.5.9 – Fees and Charges Pricing is amended as per the attachment. (Councillors Bird/Cook) (BP18/966) Voting for: Councillors Bennett, Bird, Casson, Cook, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Nil
14.9 Investments - June 2018
131/18 RESOLVED that the report be received and noted.
(Councillors Marks/Cook) (BP18/965) Voting for: Councillors Bird, Cook, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Councillors Bennett and Casson
Councillor Vanessa Ekins returned to the meeting, the time being 10:10 PM
14.10 Investments - July 2018
132/18 RESOLVED that the report be received and noted.
(Councillors Marks/Cook) (BP18/1124) Voting for: Councillors Bird, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Councillors Bennett and Casson
Councillor Darlene Cook left the meeting, the time being 10:11 PM
14.11 Expression of Interest - Membership to the Sister City Advisory Panel
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133/18 RESOLVED that Council approve the addition of two new community members to the Sister City Advisory Panel and conduct an expression of interest process as outlined in the report to make the appointments.
(Councillors Marks/Bird) (BP18/812) Voting for: Councillors Bennett, Bird, Casson, Ekins, Lloyd, Marks, Moorhouse and Smith Voting against: Councillor Guise
Councillor Darlene Cook returned to the meeting, the time being 10:13 PM
14.12 Councillors Expenses and Facilities Policy - Reporting
134/18 RESOLVED that 1. Council receive and note the report 2. Clause 15.2 be amended so that the six monthly reports are to include expenditure summarised for each Councillor. 3. As the amendment is not substantial in Council’s opinion, it will not be advertised
(Councillors Ekins/Lloyd) (BP18/1049) Voting for: Councillors Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Nil
Committee Recommendations Councillor Elly Bird left the meeting, the time being 10:15 PM 15.1 Traffic Advisory Committee Minutes - Meeting of 20 June 2018
135/18 RESOLVED that the minutes be received and adopted and the recommendations contained therein be adopted.
(Councillors Marks/Cook) (BP18/1113) Voting for: Councillors Cook, Ekins, Lloyd, Marks, Moorhouse and Smith Voting against: Councillors Bennett, Casson and Guise
Councillor Elly Bird returned to the meeting, the time being 10:18 PM
15.2 Traffic Advisory Committee Report - 18 July 2018
136/18 RESOLVED that the minutes be received and adopted and the recommendations contained therein be adopted.
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(Councillors Marks/Cook) (BP18/1114) Voting for: Councillors Bennett, Bird, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Councillor Casson
Documents for Signing and Sealing
16.1 Documents for Signing and Sealing
137/18138/18 RESOLVED that
RESOLVED that the seal of Council be affixed to the following documents:
P17487-07 Senior Citizens’ Social Club Subsidised Licence Fee for Licence of Goonellabah Community Centre – 27 Oliver Avenue, Goonellabah Property: Goonellabah Community Centre, 27 Oliver Avenue Suites: Suite 7 Licensee: Senior Citizens’ Social Club Term: Monday to Friday for five (5) years commencing 19 January 2018 Licence Fee: Reduced by 50% to $87.50 per week (including GST).
OUTDOOR DINING LICENCE AGREEMENTS
New Agreement P5621 Principal Premises: 151 Keen Street, Lismore being Lot 1 in DP 780333 Business Name: Mandarin Palace Restaurant Applicant/Licensee: Shi Yuan Wu Proposed Area: 6m2 Licence Fee: Tier 2
P5621 Principal Premises: 56 Cullen Street, Nimbin being Lot 2 in DP 592120 Business Name: Ciao Belli Café Nimbin Applicant/Licensee: Sabrina Scarpulla and Daniela Macheda Proposed Area: 10.45m2 Licence Fee: Tier 1
Renewed Agreements P16028 Principal Premises: 2/50 Cullen Street, Nimbin being Lot B in DP 402778 Business Name: Armonica Applicant/Licensee: Catello Sersale
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Proposed Area: 18.5m2 Licence Fee: Tier 1
P25236 Principal Premises: 2/157 Keen Street, Lismore being part of Lot 2 in DP 305137 Business Name: Nostalgic Applicant/Licensee: Morgan O’Hara Proposed Area: 3.84m2 Licence Fee: Tier 2
P10326 Principal Premises: 63 Woodlark Street, Lismore being Lot B in DP 412461 Business Name: Mel’s Café & Takeaway Applicant/Licensee: Rizzo Enterprises Pty Ltd ACN 604 729 731 Proposed Area: 5.2m2 Licence Fee: Tier 2
P16060 Principal Premises: 51 Cullen Street, Nimbin being Lot 1 in DP 122292 Business Name: Nimbin Hemp Embassy Applicant/Licensee: Nimbin Hemp Incorporated ABN 13 556 235 405 Proposed Area: 5m2 Licence Fee: Tier 1
P23336 Principal Premises: 1/45 Cullen Street, Nimbin being part of Lot 10 in DP 1221355 Business Name: Pot a Gold Applicant/Licensee: Jodee Tichborne Proposed Area: 12.23m2 Licence Fee: Tier 1
(Councillors Bird/Marks) (BP18/938) Voting for: Councillors Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Nil
Financial Assistance – Section 356 17.1 Financial Assistance – Section 356 Report
139/18 RESOLVEDRESOLVED that
In accordance with Section 356(1) of the Local Government Act 1993, the assistance to persons as listed above is hereby approved.
(Councillors Bird/Cook) (BP18/986) Voting for: Councillors Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith
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Voting against: Nil
Continuance of Meeting 140/18 RESOLVED that the time being 10.30pm the meeting continue past the 10.30pm to discuss the remaining items in the Business Paper
(Councillors Ekins/Cook)
Voting for: Councillors Bird, Cook, Ekins, Lloyd, Marks and Smith Voting against: Councillors Bennett, Casson, Guise and Moorhouse
Confidential Matters – Closed Council Meeting
141/18 RESOLVED that Council now exclude the press and public and meet in Closed Council to consider the following matters;
Item 18.1 Acquisition of Reservoir Site - Stage 2 North Lismore Plateau Water Supply Grounds for Closure Section 10A(2) (c): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to:information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. Item 18.2 Rates and Charges Hardship Application Grounds for Closure Section 10A(2) (b): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to:the personal hardship of any resident or ratepayer. Item 18.3 Confidential Mayoral Minute Grounds for Closure Section 10A(2) (a): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to:personnel matters concerning particular individuals (other than councillors). (Councillors Bird/Marks) Voting for: Councillors Bennett, Bird, Casson, Cook, Ekins, Lloyd, Marks, Moorhouse and Smith Voting against: Councillor Guise
Resumption of Open Council
When the Council had resumed its former sitting, the Mayor reported that Council, meeting
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in Closed Council, had RECOMMENDED:
18.1 Acquisition of Reservoir Site - Stage 2 North Lismore Plateau Water Supply That: 1. The General Manager be authorised to conduct and finalise the relevant negotiations with affected property owners, including payment of compensation, and the execution of all documentation necessary to complete the acquisition of a suitable reservoir site on either of the properties identified in the report. 2. The seal of Council be affixed to the following documents: a) Administration Sheet and Plan of Subdivision b) Contract for Sale of Land c) Memorandum of Transfer and any other documents necessary to finalise the acquisition of this land. 3. Council advertise its intention to classify the parcel of land acquired during this process as Operational Land in accordance with the requirements of the Local Government Act, 1993.
18.2 Rates and Charges Hardship Application That 1. Council write off the accrued interest to date and future interest based on the proposed payment plan 2. Council not proceed with debt recovery processes 18.3 Confidential Mayoral Minute That: Council endorse the recommended appointments to the GM Interview Panel. Council agrees that GM Interview Panel has the delegated authority to interview shortlisted candidates only. Council agrees that the GM Interview Panel will deliver recommendations on the final three candidates to be interviewed for Councils consideration. Hold an Extra Ordinary Council meeting on the 28th August to discuss the Gm Recruitment process
Closure This concluded the business and the meeting terminated at 11.15 pm.
CONFIRMED this > of > 201> at which meeting the signature herein was subscribed.
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MAYOR
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Unconfirmed Minutes of Lismore City Council 14/08/2018
MINUTES OF THE CONFIDENTIAL MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 14 AUGUST 2018 AT 6.00PM
Please note: These minutes are subject to confirmation at the next Council meeting. Decisions recorded in the draft minutes are subject to the Council’s Code of Meeting Practice in relation to rescinding decisions. Present
Mayor, Councillor Smith; Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise Lloyd, Marks, Moorhouse, together with the Acting General Manager, Acting Executive Director-Sustainable Development, Executive Director-Infrastructure Services, Manager Finance and Governance, Manager - People and Workplace Development, Acting Media and Community Relations Coordinator, Strategic Engineer - Water & Sewer, Governance Coordinator and Executive Assistant – Mayor and Councillors.
Confidential Matters – Closed Council Meeting
132/18 RESOLVED that Council now exclude the press and public and meet in Closed Council to consider the following matters;
(Councillors Bird/Marks) Voting for: Councillors Bennett, Bird, Casson, Cook, Ekins, Lloyd, Marks, Moorhouse and Smith Voting against: Councillor Guise
At this point in the meeting Councillor Guise declared a Non Pecuniary, Non-Significant Conflict of Interest for report 18.1 Acquisition of Reservoir Site - Stage 2 North Lismore Plateau Water Supply as he lives in North Lismore but not in close proximity of the North Lismore Plateau.
18.1 Acquisition of Reservoir Site - Stage 2 North Lismore Plateau Water Supply
133/18 RESOLVED that : 1. The General Manager be authorised to conduct and finalise the relevant negotiations with affected property owners, including payment of compensation, and the execution of all documentation necessary to complete the acquisition of a suitable reservoir site on either of the properties identified in the report. 2. The seal of Council be affixed to the following documents: a) Administration Sheet and Plan of Subdivision b) Contract for Sale of Land c) Memorandum of Transfer and any other documents necessary to finalise the acquisition of this land. 3. Council advertise its intention to classify the parcel of land acquired during this process as Operational Land in accordance with the requirements of the Local Government Act, 1993.
(Councillors Bird/Marks) (BP18/954) Voting for: Councillors Bennett, Bird, Casson, Cook, Marks, Moorhouse and Smith Voting against: Councillors Ekins, Guise and Lloyd
Council Minutes 14 August 2018
18.2 Rates and Charges Hardship Application
134/18 RESOLVED that 1. Council write off the accrued interest to date and future interest based on the proposed payment plan 2. Council not proceed with debt recovery processes (Councillors Ekins/Bird) (BP18/1043) Voting for: Councillors Bird, Cook, Ekins, Guise, Lloyd and Smith Voting against: Councillors Bennett, Casson, Marks and Moorhouse
Confidential Mayoral Minutes At this point in the meeting the Acting General Manager, Acting Executive Director-Sustainable Development, Executive Director-Infrastructure Services, Manager Finance and Governance, , Acting Media and Community Relations Coordinator and the Strategic Engineer - Water & Sewer left the meeting.
Councillor Greg Bennett left the meeting, the time being 11:05 PM Councillor Nancy Casson left the meeting, the time being 11:07 PM Councillor Adam Guise left the meeting, the time being 11:07 PM 18.3 Confidential Mayoral Minute
135/18 RESOLVED that : Council endorse the recommended appointments to the GM Interview Panel. Council agrees that GM Interview Panel has the delegated authority to interview shortlisted candidates only. Council agrees that the GM Interview Panel will deliver recommendations on the final three candidates to be interviewed for Councils consideration at a meeting. Council hold an Extra Ordinary Council meeting on the 28th August to discuss the GM Recruitment process (Councillor Smith) (BP18/990) Voting for: Councillors Bird, Cook, Ekins, Lloyd, Marks, Moorhouse and Smith Voting against: Nil
Resumption of Open Council
136/18 RESOLVED that Council reopen the meeting to the Public to report back on what was resolved in the Confidential Session
(Councillors Marks/Bird) Voting for: Councillors Bird, Cook, Ekins, Lloyd, Marks, Moorhouse and Smith Voting against: Nil
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Closure This concluded the business and the meeting terminated at 11.15 pm.
CONFIRMED this > of > 201> at which meeting the signature herein was subscribed.
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MAYOR
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Unconfirmed Minutes of Lismore City Council 28/08/2018
MINUTES OF THE EXTRA ORDINARY MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 28 AUGUST 2018 AT 6.00PM
Please note: These minutes are subject to confirmation at the next Council meeting. Decisions recorded in the draft minutes are subject to the Council’s Code of Meeting Practice in relation to rescinding decisions.
Present
Mayor, Councillor Smith; Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse, together with Governance Coordinator and Manager People and Workplace Development.
Disclosure of Interest
NIL.
Apologies and Leave of Absence
Leave of Absence 142/18 RESOLVED that a leave of absence for Councillor Ekins for the period 3 to 5 September 2018 and 23 to 29 October 2018 and leave of absence for Councillor Cook for the period 3 to 5 September 2018 be granted.
(Councillors Marks/Lloyd) Voting for: Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Nil
Confidential Matters – Closed Council Meeting
143/18 RESOLVED that Council now exclude the press and public and meet in Closed Council to consider the following matters;
Item 16.1 Confidential Mayoral Minute Grounds for Closure Section 10A(2) (a): Public Interest Discussion of this matter in an open meeting would on balance be contrary to the public interest because it relates to: personnel matters concerning particular individuals (other than Councillors). (Councillors Lloyd/Marks) Voting for: Councillors Battista, Bennett, Bird, Cook, Ekins, Lloyd, Marks, Moorhouse and Smith Voting against: Councillors Casson and Guise
Resumption of Open Council
When the Council had resumed its former sitting, the Mayor reported that Council, meeting in Closed Council, had RECOMMENDED:
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16.1 Confidential Mayoral Minute That:
1. Council invite the agreed candidates to a second interview on the agreed date. 2. Council hold an Extra Ordinary Confidential Council Meeting on Wednesday, 12 September 2018, commencing at 6pm.
Closure This concluded the business and the meeting terminated at 7.15 pm.
CONFIRMED this >of > 201> at which meeting the signature herein was subscribed.
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MAYOR
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Unconfirmed Minutes of Lismore City Council 28/08/2018
MINUTES OF THE CONFIDENTIAL EXTRA ORDINARY MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 28 AUGUST 2018 AT 6.00PM
Please note: These minutes are subject to confirmation at the next Council meeting. Decisions recorded in the draft minutes are subject to the Council’s Code of Meeting Practice in relation to rescinding decisions.
Present
Mayor, Councillor Smith; Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks and Moorhouse, together with the Governance Coordinator and Manager People and Workplace Development
Disclosure of Interest
NIL
Confidential Matters – Closed Council Meeting
144/18 RESOLVED that Council now exclude the press and public and meet in Closed Council to consider the following matters;
(Councillors Lloyd/Marks)
Voting for: Councillors Battista, Bennett, Bird, Cook, Ekins, Lloyd, Marks, Moorhouse and Smith Voting against: Councillors Casson and Guise
16.1 Confidential Mayoral Minute
145/18 RESOLVED that :
Council invite the agreed candidates to a second interview on the agreed date. Council holds an Extra Ordinary Confidential Council Meeting on Wednesday 12th September 2018, commencing at 6pm.
Voting for: Councillors Battista, Bird, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Councillors Bennett and Casson
(Councillors Smith/Marks) (BP18/1174)
Resumption of Open Council
146/18 RESOLVED that Council reopen the meeting to the Public to report back on what was resolved in the Confidential Session:
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(Councillors Marks/Bird)
Voting for: Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and Smith Voting against: Nil
Closure This concluded the business and the meeting terminated at 7.15 pm.
CONFIRMED this > of > 201> at which meeting the signature herein was subscribed.
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MAYOR
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