matters in progress arising from previous council meetings ...€¦ · matters in progress arising...

MATTERS IN PROGRESS ARISING FROM PREVIOUS COUNCIL MEETINGS

Contact Person: Craig Milburn – General Manager File: F19/1930

Director Operations and Planning

Min/CRM # Subject Resolution Progress

274 2018-4-17Item 15.32018.94

Open Spaces Policy

1 That Council undertake a community infrastructure strategic plan.

2 That Council reviews the budget allocation with an intention of allocating $120,000 for this purpose in the 2018/2019 budget.

3 That where it is proposed to sell land acquired under the provision of a contribution to a Section 94 contribution that a plan is developed that outlines the improvements / benefits that will be delivered to the Community.

4 May 2018

Funding allocation is being considered as part of the 2018/19 draft Operating Plan.10 August 2018Action incorporated into the 2018/19 Operating Plan to commence.

25 October 2018

Brief prepared with tenders to be sought in the near future.

30 January 2019Procurement of consultant in progress. Consultant expected to be engaged in February.

9 May 2019Consultant engaged and Stage 1 Community Infrastructure Audit commenced.

5 August 2019Stage 1 Audit report in first draft. To be finalised and presented to Councillors prior to moving to Stage 2 community engagement.

22 September 2019



Stage 1 Audit report - Councillors briefed 29 August. Stage 2 Issues and Opportunities report being prepared prior to Stage 2 engagement.

3 February 2020The first draft of the issues and opportunities paper was issued in December 2019 and is being internally workshopped.

282 2018.1222018-5-15Item 13.2

Proposed Sale of Council Land – South West Rocks and West Kempsey

That Council: 1 retain Lot 39 DP819591 (Albert Harrower

Crescent) and Lot 26 DP844106 (Rafferty Crescent) at South West Rocks at this time and the future of these parcels be considered as part of the Community Infrastructure Strategic Plan.

2 proceed with listing the following parcels of land for sale:

a) Lot 81 DP805382 (Arthur Street) and Lot 132 DP829565 (Victor Perry Place) at South West Rocks.

b) Lot 19 DP20694 (Clarence Ryan Avenue) and Lots 40, 41 and 42 DP1676, (Tabrett Street) at West Kempsey.

3 affix the seal of Council to all documentation if the agreed sale price is at least 90% of the independent valuation.

4 approach the adjoining property owners of Lot 122 DP1051855 (Dennis Crescent) at South West Rocks to seek expressions of interest for the acquisition of part of the reserve.

14 August 2018

Lot 81 DP805382 (Arthur Street) and Lot 132 DP829565 (Victor Perry Place) at South West Rocks will be auctioned on 23 August 2018. Proceeds of the sale directed to Section 94 fund for open spaces improvements in South West Rocks.

25 October 2018

Lot 81 DP805382 (Arthur Street) and Lot 132 DP829565 (Victor Perry Place) at South West Rocks were sold at auction in August 2018.

Lot 19 DP 20694 (Clarence Ryan Avenue) and Lots 40, 41 and 42 DP 1676 (Tabrett Street) at West Kempsey will soon be marketed for sale.

Owners adjoining to Lot 122 DP1051855 (Dennis Crescent) at South West Rocks have been approached. Valuation of land in progress.

Adjoining owner of Lot 10 DP2007 (Perrins Lane), West Kempsey, is not interested in acquiring land.

Owner adjoining to Lot 4 DP1100421 (River Street) at West Kempsey has been approached. Valuation of land in progress.

30 January 2019



5 approach the adjoining owners of Lot 10 DP2007 (Perrins Lane) and Lot 4 DP1100421 (River Street) at West Kempsey to seek expressions of interest for the acquisition of these parcels of land.

6 direct the net proceeds of sale for lots in South West Rocks to the Section 94 fund for use on improvements to open spaces in South West Rocks specifically for supplementary funding for the grant application the development for the sporting infrastructure.

Lot 19 DP 20694 (Clarence Ryan Avenue) and Lots 40, 41 and 42 DP 1676 (Tabrett Street) at West Kempsey have had market valuations completed and are planned to be marketed for sale. Proposals from agents being sought.

Owners adjoining to Lot 122 DP1051855 (Dennis Crescent) at South West Rocks have been approached. Valuation of land received. Discussion with adjoining owners continuing.

Adjoining owner of Lot 10 DP2007 (Perrins Lane), West Kempsey, is not interested in acquiring land.

Owner adjoining to Lot 4 DP1100421 (River Street) at West Kempsey has been approached. Valuation of land received. Zoning impacts on land also being reviewed.

9 August 2019

No further update.

8 November 2019

No further update

7 February 2020

Internal resourcing has recently been allocated to resume sale process of listed lots.

291 2018.1532018-6-26Item 13.13

Planning Proposal - Neville Morton Drive, Crescent Head

1 That the planning proposal, which seeks to rezone approximately 12 hectares of land from RU2 – Rural Landscape and E2 - Environmental Conservation to R5 - Large Lot Residential at Lot 3 DP 1164661 Neville Morton Drive, Crescent Head, be submitted to the Minister for Planning for Gateway

9 August 2018

Planning proposal forwarded to DP&E for Gateway Determination.

25 October 2018



consideration pursuant to section 3.34 of the Environmental Planning and Assessment Act 1979.

2 That the Secretary of the Department of Planning and Environment be requested to issue Council with written authorisation to exercise plan making delegations in relation to this proposal.

3 Subject to the Gateway determination, community consultation for the planning proposal be undertaken.

Gateway determination issued. Public exhibition period for the Planning Proposal recently completed.

24 January 2019Proponent has amended the development footprint beyond the original proposal. Waiting on advice from OEH. Proposal likely to need a further Gateway assessment.

9 May 2019OEH has provided comments which are with the proponent for consideration. Awaiting further information from proponent.

5 August 2019No further update.

22 October 2019Proponent has provided further information. Suggested changes to planning proposal under review.

3 February 2020Internal review of onsite sewerage arrangements has identified matters that need to be further addressed. Awaiting response from proponent on these matters.

307 2018.1852018-7-17Item 15.1

Request for NSW Government to repaint – Refurbish the

That:2 Council request an urgent replacement of the

handrailing on the walkways on each side as a safety measure. Council request that this be complementary with that in Smith Street.

9 August 2018RMS have been written to via the Local Member on the issue. Further discussion has also occurred with relevant staff within RMS involved in bridge maintenance and also the Regional Director. A formal response from RMS is expected in the near future.



Kempsey Traffic Bridge

25 October 2018RMS have provided a response to Council advising that the KTB is not expected to be repainted for approximately 10 years due to other bridges in the region that are of higher priority for repainting. Some structural rehabilitation works are planned in the next 3-5 years however. The response also refers to the handrailing and suggests it is Council’s responsibility to the truss structure. Discussions are occurring with RMS regarding the possibility of contribution to replacement of this given the current handrailing is insufficient.

30 January 2019Whilst not a current recognised priority, RMS have indicated the possibility of working with Council towards a solution for the pedestrian railing separating the walkway from the traffic lane. An inspection with RMS is expected in the near future to determine options available and avenues for funding. Consideration can then be given as to the level of funding contribution Council may need to make.RMS will be undertaking testing of the bridge truss members mid 2019 to determine structural rehabilitation work needs in years ahead.

9 May 2019Status unchanged

9 August 2019



RMS recently undertook inspections/assessment of the structure. Options for the handrail replacement and the potential for funding are being discussed with RMS.

8 November 2019RMS are undertaking a global model for bridge maintenance work in future years following investigation work being undertaken during 2019.

7 February 2020Awaiting outcome of Transport NSW maintenance plans.

316 Item 20.12018.21221.8.2018

Central Kempsey Wastewater Treatment Plant - Revised Procurement Model

That Council:1 No longer pursues a single supplier procurement

model involving Aquatec Maxcon for the provision of “Owner’s Engineer/Design Input Services” of the Central Kempsey Wastewater Treatment Plant

2 Completes a reference design, for the purposes of informing and ensuring competition during the tendering process for construction, based on the Sequence Batch Reactor process

3 Invites expressions of interest for the construction of the Central Kempsey Wastewater Treatment Plant, allowing for alternative design proposals to be submitted

4 Receive a report on the outcome of the expressions of interest process for endorsement prior to inviting tenders from the selected (shortlisted) persons

5 That the funding model with sources and timeframes be reported to a future Council meeting

9 November 2018

The option of the single supplier procurement model involving Aquatec Maxcon for the provision of “Owner’s Engineer/Design Input Services” of the Central Kempsey Wastewater Treatment Plant has ceased.

The Sequence Batch Reactor reference design is being developed with the assistance of consultant Hunter H2O.

Once the reference design is complete and necessary approvals obtained Expressions of Interest will be called for the construction of the Central Kempsey Wastewater Treatment Plant, allowing for alternative processes to be accepted.A report on funding will be provided to an upcoming Council meeting.

30 January 2019



as soon as ascertained Status unchanged.

8 May 2019Work on progressing the reference design continues. A review of the Sewer Fund is underway.

9 August 2019Design and investigation work continuing. A review of the Sewer Fund is underway, with a Workshop undertaken for Councillors in August.

9 November 2019Design and investigation work continuing. Further financial modelling of sewer fund in progress in light of current capital program.

7 February 2020No further update

338 Item 13.10 2018.26716.10.2018

Closure of Council Roads at West Kempsey and Nulla Nulla

That Council:1 Close that part of Marramah Street, West Kempsey,

situated between Lot 701 DP96431 and Lot 255 DP752439, with the land in the closed road to be retained as operational land.

2 Close that part of McIntyres Road where it bisects Lot 131 DP745059, Lot 6 DP752404 and Lot 201 DP633338, and pursuant to Section 44 of the Roads Act 1993 provide the land in the closed road as compensation to the owners of Lot 131 DP745059, Lot 6 DP752404 and Lot 201 DP633338 for the

7 November 2018Quotes being sourced for survey works. Advice in writing is being provided to applicable landowners.

30 January 2019Advice has been provided to applicable landowners. Surveyor has been appointed to undertake surveys.

9 May 2019Awaiting surveys.

9 August 2019



acquisition of land for the purposes of the Roads Act 1993.

3 Close that part of Nulla Nulla Creek Road where it bisects Lot 2 DP777654, and pursuant to Section 44 of the Roads Act 1993 provide the land in the closed road as compensation to the owner of Lot 2 DP777654 for the acquisition of land for the purposes of the Roads Act 1993.

4 Affix the Common Seal to the survey plans of road closure.

5 On acquisition of the lands for McIntyres Road and Nulla Nulla Creek Road, dedicate them as public road pursuant to Section 10 of the Roads Act 1993.

6 Delegate to the General Manager, pursuant to Section 377 of the Local Government Act 1993, authority to sign either by electronic means or otherwise:a Contracts for Saleb Land Registry Services Request Forms for issue of

certificates of title for the closed roadsc Revenue NSW Purchaser Declaration Formsd Revenue NSW letters seeking exemption from the

payment of Stamp Duty on the lands acquired for road.

Marraman Street – plan of road closure lodged for registrationMcIntyres Road & Nulla Nulla Creek Road – final surveys underway to prepare the plan of road closure.

8 November 2019No further update

4 February 2020Awaiting delivery of survey from Surveyor

358 Item 15.12018.3222018.12.18

Community Consultation - Point Plomer Road

That a statement of local character be developed to help preserve the current character of Point Plomer area as part of the local strategic planning statement

24 January 2019Project plan and business case for shire-wide Local Strategic Planning Statement being prepared. A local character statement for Crescent Head will incorporate Point Plomer.



9 May 2019Project for shire-wide Local Strategic Planning Statements, incorporating Local Character Statements, has been included in the 2019/20 Operating Plan.

5 August 2019Project has commenced as part of broader project for the Shire. Preliminary study of character and vision commenced.

8 November 2019A discussion paper has been available for public review via Your Say Macleay, including commentary on the Point Plomer area. Local Strategic Planning Statement (LSPS) planned to be reported to December 2019 Council meeting.

3 February 2020The LSPS has been drafted in accordance with the resolution and will proceed to public exhibition prior to finalisation in mid-2020.

367 Item 13.12018.3392018.12.18

Saltwater Urban Release Area Options

That the report is noted and that Council proceed to prepare a Development Control Plan for the entire Saltwater precinct.

24 January 2019Quotations to prepare DCP being sought.

9 May 2019Quotations received and consultant to be engaged.

5 August 2019Preferred consultant selected. Coordinating start date for the project.



22 October 2019Consultant engaged. Inception meeting 10 September. Information being reviewed by consultant. Waiting on information from court mediation on Saltwater DA.

3 February 2020Project delayed by court mediation decision. Consultant no longer available. Options to complete the project are being reviewed.

368 Item 13.22018.3402018.12.18

Stuarts Point Sewerage Scheme

That Council:1 Progress with design and investigation work for the

proposed alternative option for the Stuarts Point Sewerage Scheme of a Sewage Treatment Plant (STP) near Stuarts Point, with dunal discharge of treated effluent, in parallel with pursuing the grant funding Deed.

2 Authorise the General Manager to negotiate and amend the Restart NSW Funding Deed to reflect a revised project scope, noting that the revised option delivers the same overall outcome of that originally intended under the grant.

3 Revert from progressing the proposed sewer charge for the Stuarts Point area for the 2019/20 financial year to the annual septic charge listed within Council’s Fees and Charges.

4 Inform the community of this decision.

29 January 2019Stuarts Point Sewerage Scheme has had a full options review completed and Council determination to proceed with a sewage treatment plant near Stuarts Point. KSC is working with NSW EPA for discharge license parameters and Infrastructure NSW for Deed amendments. Community update to occur in February.

8 May 2019Stuarts Point STP has had a treatment option assessment completed. Survey work is being conducted on the treatment plant site and within the village. The community update occurred on 28 February 2019.

9 August 2019Negotiation with regard to the amendment of the Deed is continuing.

8 November 2019Negotiation on Deed amendment continuing.



5 February 2020Negotiations are occurring with the EPA and further groundwater modelling has taken place to determine dunal discharge license parameters. Detailed survey of the three villages is complete and land matters are well progressed. Negotiations on Deed amendment continuing.

397 Item 13.8 2018.408 2019.3.19

Mid North Coast High Performance Sports Centre, South West Rocks

That Council: 1.In accordance with section 55(3)(i) of the Local Government Act, not invite tenders for a management agreement to operate the Mid North Coast High Performance Sport Centre, South West Rocks, as this would breach provisions of the current Crown Land lease in place for the South West Rocks Country Club to operate the golf course. 2.Authorise the General Manager to negotiate a draft management agreement for the Mid North Coast High Performance Sport Centre, South West Rocks, with a view to entering a contract with the South West Rocks Country Club to operate the facility. 3.Receive a further report to enter into the management agreement once the documents have been developed and agreed with the South West Rocks Country Club for the facility operation.

9 May 2019 South West Rocks Country Club notified of Councils decision. Management agreement to be drafted. 1 August 2019 No further update. Focus currently on project planning.

8 November 2019No further update.

7 February 2020No further update.

409 Item 13.42019.4302019.4.16

Hat Head Vacuum Sewerage System Capacity Investigation

1. That Council note that the Hat Head Sewerage Scheme is at capacity as described in this report and recognise the inherent public health, environmental, financial and social risks associated with potential overloading of the system from future development.

14 May 2019Resolution points 2 and 3 are being implemented/applied through the development assessment process.The planning proposal and the draft DCP are currently being prepared.



2. That Council going forward, for the purpose of assessing sewer system capacity for new development, allow a maximum of 1 dwelling or 1 Equivalent Tenement (ET) entitlement to each existing allotment within the Hat Head Sewerage Scheme.

3. That Council regard the likely risks of any proposed development within the Hat Head Sewerage Scheme area which would exceed the maximum dwelling or ET allocation as a relevant consideration in evaluating environmental and social impacts and site suitability issues pursuant to section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act).

4. That Council take the necessary steps to prepare and exhibit a planning proposal pursuant to section 3.33 of the Act, expressing the objective and intended outcomes of proposed changes to the Kempsey Local Environmental Plan 2013 (LEP) described in this report, and Council receive a further report at the conclusion of community consultation.

5. That Council take the necessary steps to amend the Kempsey Development Control Plan 2013 Chapter F2: Hat Head (DCP) pursuant to section 3.43 of the Act and as described in the report, including removing the reference to on-site sewerage treatment as an option for new development, and

The overall condition of the scheme is being monitored. Council’s Water and Sewer Maintenance team inspects, cleans and conducts a condition assessment of each pot within the collection system. The inspections are conducted quarterly and before holidays and long weekends.

9 August 2019Planning proposal drafted, with a gateway determination to soon be sought to allow public exhibition. A DCP has been drafted, which will be publicly exhibited at the same time.

22 October 2019Gateway determination received. Revising DCP to incorporate feedback prior to public exhibition of both DCP and planning proposal.

3 February 2020No change to previous update.



Council receive a further report at the conclusion of community consultation.

6. That Council continue to assess the overall scheme condition and conduct preventative maintenance to avoid the scheme having issues ensuring it operates efficiently.

412 Item 15.12019.4452019-5-21

Review of Dog Off-Leash Areas

1. That Council review the beach access provisions for dogs at Council Beaches, including ensuring all aspects of discrimination in relation to assistance animals etc are included across the shire.

2. That Council engages with the community in relation to these restrictions.

3. That Council increases the enforcement action in relation to these restrictions during the school holiday periods.

4. That Council engages with the management contractor for the Macleay Valley Coast Holiday Parks to ensure enforcement of their Dog Friendly provisions and seek clarification on how they are implementing this policy. Council review and clarify with the contractor when dogs are permitted at the caravan park.

5. The Council champions the legislation across the shire for the provision of assistance animals

9 August 2019A review of parking and beach compliance signage is being undertaken through 2019, which will incorporate this action.Resources for enforcement are currently under review, with an additional Ranger resource currently in place to assist with undertaking compliance activities. Dog policies approved by Council are all clearly noted on the holiday parks web sites and customers are asked at time of booking if they have a dog and they also complete a dog registration card.

8 November 2019Review undertaken for Crescent Head with Hat Head, SWR and Kempsey remaining to due resourcing now allocated to ongoing bushfire response and recovery. Dog on leash area signage has been ordered and due to arrive by end of November.

4 February 2020Resources have been allocated to bushfire recovery which has resulted in a partial delay. The review has commenced and will continue once ranger resources are available. Implementation of improvements at Crescent Head are planned.



419 Item 13.72019.4562019-5-21

Review of Unmaintained Council Roads

1. That Council acknowledge the current maintained status of Roses Road (part of), Hickeys Creek Road (part of) and Stony Creek Lane.

2. That Council note that commencing maintenance of these roads is a desirable outcome, however for this to occur road construction work must first occur.

3. That Council authorise the General Manager to write to property owners to determine their appetite to contribute to the required road upgrades, including outlining an option where a repayment schedule would be in place to assist with the upfront financial burden of making the contribution.

4. That Council receive the outcome of the response from property owners via a report to a future meeting of Council.

9 August 2019A further audit of roads is being undertaken prior to writing to landowners. One further road has been identified at this point, which will be added to the list of landowners to be written to.

8 November 2019Letter drafted for distribution. One additional road will be included in the distribution (Bastow Lane). Distribution on old given current bushfire activity in areas of these roads.

7 February 2020Status as per previous update. Additional funding opportunities being explored to undertake some interim works.

422 Item 15.22019.4612019-5-21

Climate Emergency

1. That the Climate Change Policy and the response to climate change is to be addressed in the already adopted Council resolution of 19 March 2019 reference 2018.394

2. That this matter "Climate Emergency" be considered in the workshop.

9 August 2019Workshop being planned.

8 November 2019 An initial workshop has occurred to inform a program development. Further workshops will be held as required.

7 February 2020Sustainability Officer role recently recruited who is developing forward program.

430 Item 9.42019.4822019-6-25

PLANNING PROPOSAL 27

1 That the planning proposal to permit the amendment of the Lot Size Map for land at 27 Seams Road, Kundabung, from 40ha to part 10ha

9 August 2019Proponent is seeking registration of the proposed road on the title. Once complete making of the LEP amendment can progress.



SEAMS ROAD, KUNDABUNG

and part 20ha, be progressed to make the amendment to the local environmental plan, described as KLEP 2013 (Amendment 17).

2 Prior to progressing the amendment, the proponent is to first complete the registration of a plan of subdivision to formalise access to Old Coast Road, as required by Condition 5 of the Gateway Determination.

3 On notification of the registration of subdivision, Council staff request the Parliamentary Counsel's Office to draft the legal instrument, KLEP 2013 (Amendment 17), under s 3.36(1) of the Environmental Planning and Assessment Act 1979 to give effect to the final planning proposal.

4 The General Manager exercise delegation from the Minister for Planning to make the amending instrument, KLEP 2013 (Amendment 17).

5 Upon the making of KLEP 2013 (Amendment 17), the Department of Planning & Environment be requested to notify the plan on the NSW Legislation webpage

22 October 2019No further update.

3 February 2020As per August 2019 response – still awaiting completed registration process.

Item 10.22019.4852019-6-25

Tourist and Visitor Accommodation at Crescent Head

That Council await the outcome of the State led framework associated with holiday accommodation, being on-line accommodation in particular, and the completion of key activities planned by Council as outlined above, prior to further consideration of planning instruments that apply.

9 August 2019Awaiting outcome of State led framework.

5 November 2019Continuing to await outcome of State led framework. Kempsey Shire Council is one of 12 councils in NSW taking part in a research project being led by Dr Tania von der Heidt of the School of Business and Tourism at Southern Cross University in relation to Short Term



Holiday Letting (STHL). The findings from the survey will be used to facilitate a better understanding of the impacts STHL is having on residents, residential streets and neighbourhoods.

22 January 2019Continuing to await outcome of State led framework. Council received the SCU’s Short-Term Holiday Letting Study results in January 2020. This is currently being reviewed to determine any appropriate actions that may be required. This will be considered in conjunction with any outcomes provided by the State-led framework.

432 Item 9.72019.4842019-6-25

Proposed Road Closure Off Maria River Road

1. That Council publish a Notice of Road Closure in the NSW Government Gazette to close the Council public road leading east off Maria River Road and situated between Lot 62 DP754441 and Lot 3 DP1157009.

2. That Council sell the land in closed road to the owner of Lot 103 DP754441, at market value as determined by Council’s Consulting valuer.

3. That Council reaffirm that all costs involved in the closure of the road and the transfer of the land in the closed road be met by the road closing applicant.

4. That Council delegate authority to the General Manager to sign:a. Survey plan of road closureb. Contract for the Sale of Landc. Land Registry Services documents:

9 August 2019Awaiting landowner instructions for surveyor to enable plan of closure to be developed for registration.

8 November 2019The applicant is discussing the case with Land Registry Services regarding a surveyed boundary discrepancy that exists.

4 February 2020Complete.

Item will be removed.



i. Application for the certificate of title for the land in the closed road.

ii. Transfer Form439 Item 9.2

2019.5002019-7-16

Proposed Road Closure: Intersection of South West Rocks Road and Riverside Drive

1 That Council publish a Notice of Road Closure in the NSW Government Gazette to close the Council public road being part Riverside Drive situated on the northern side of Number 2 Riverside Drive, Kinchela to the extent generally as shown in the plan attached to this report.

2 That Council sell the land in the closed road to the owners of Number 2 Riverside Drive, Kinchela, at market value determined by Council’s Consulting Valuer.

3 That Council delegate authority to the General Manager to sign:a. Survey plan of road closureb. Section 88B Instrument to create easement for

water supplyc. Contract for the Sale of Landd. Land Registry Services documents:

i. Application for the certificate of title for the land in the closed road

ii. Transfer form

9 August 2019Landowner obtaining quotes for survey work to be undertaken to enable plan of road closure to be developed.

8 November 2019Survey finalised and Section 88B Instrument prepared by applicant’s solicitor. Documents are gathering signatures before being sent to Sydney for registration.

4 February 2020Subdivision Certificate completed. Plans returned to landowners Solicitor for registration at NSW Land Registry Services.

441 Item 9.82019.5032019-7-16

Planning Proposal - 600 Macleay Valley Way, South Kempsey

1 That Council note the attached letter of offer made by Spectrum Retail Group P/L to enter into a planning agreement regarding the future provision of water and sewer infrastructure to the site.

2 That Council determine the letter of offer provides for satisfactory arrangements for the future

9 August 2019Extension of time for the gateway determination sought and received until the end of 2019. Instruction has been provided to a solicitor for the drafting of the VPA.

22 October 2019



provision of water and sewer infrastructure sufficient to proceed with the planning proposal.

3 That the planning proposal to permit the land use ‘highway service centre’ at 600 Macleay Valley Way, South Kempsey, be progressed to make the amendment to the local environmental plan, described as KLEP 2013 (Amendment 24).

4 Council staff request the Parliamentary Counsel’s Office draft the legal instrument, KLEP 2013 (Amendment 24), under s 3.36(1) of the Environmental Planning and Assessment Act 1979 to give effect to the final planning proposal.

5 On execution of the planning agreement, the General Manager exercise delegation from the Minister for Planning to make the amending instrument, KLEP 2013 (Amendment 24).

6 Upon the making of KLEP 2013 (Amendment 24), the Department of Planning & Environment be requested to notify the plan on the NSW Legislation webpage.

Draft planning agreement prepared and with proponent for consideration. Adjoining landowner has sought Judicial Review of Council decision to proceed with planning proposal.

3 February 2020Proponent has provided feedback on draft planning agreement. Council officers are currently working with the proponent to refine the terms of the agreement.

442 Item 9.102019.5082019-8-20

Acquisition of Land for the Construction of the New Turners Flat Road Bridge

1 That Council pay compensation in the amount of $4,464 (GST Exclusive) to the registered proprietor of Lot 15 DP752419 for the acquisition of those parts of Lot 15 DP752419, more particularly described as Lots 1 and 2 in registered plan of acquisition DP1254953.

2 That Council carry out ‘works in kind’ in lieu of monetary compensation on Lot 511 DP865910 for the acquisition of that part of Lot 511 DP865910,

8 November 2019Acquisition processes in progress.

4 February 2020Compensation paid and works in kind completed. Acquisition process nearing completion.



more particularly described as Lot 3 in registered plan of acquisition DP1254953.

3 That Council pay the legal/property conveyancing costs reasonably incurred by the landowners as required by Section 59 of the Land Acquisition (Just Terms Compensation) Act 1991.

4 That Council dedicate Lots 1, 2 and 3 DP1254953 as public road pursuant to Section 10 of the Roads Act 1993.

5 That Council delegate authority to the General Manager to sign:a. Deeds of Acquisition/ Contract for the Sale of

Land.b. Revenue NSW Purchaser Declaration Forms.c. Letters to Revenue NSW seeking exemption from

the payment of stamp duty on the acquisition of Lots 1, 2 and 3 DP1254953.

463 Item 9.52019.5562019-10-22

KLEP2013-AM-27

1 That the planning proposal, which seeks a number of housekeeping amendments, be progressed to make the amendment to the local environmental plan, described as KLEP 2013 (Amendment 27).2 That Council staff request the Parliamentary Counsel’s Office to draft the legal instrument, KLEP 2013 (Amendment 27), under s 3.36(1) of the Environmental Planning and Assessment Act 1979 to give effect to the final planning proposal.3 That the General Manager exercise delegation from the Minister for Planning to make the amending instrument, KLEP 2013 (Amendment 27).

22 October 2019Final mapping for the amendment being prepared.

3 February 2020Mapping has now been prepared and will be onforwarded to DPIE to finalise LEP Amendment.



4 That upon the making of KLEP 2013 (Amendment 27), the Department of Planning, Industry & Environment be requested to notify the plan on the NSW Legislation webpage.

470 Item 9.62019.5712019-10-22

Proposed Road Closure and Purchase at Bellbrook

1 That Council publish a Notice of Road Closure in the NSW Government Gazette to close that part of East Street, Bellbrook, situated on the western side of Lot 1 DP739113 (land occupied by the Bellbrook Hotel) but excluding an area 3 metres wide situated on the eastern boundary of Lot 8 Section 1 DP758083 (16 Main Street, Bellbrook) as shown in the attached plan prepared by Surveyors M W Rogers & Associates reference 05980RD01.VCD 2 That the Notice of Road Closure vest the land in Kempsey Shire Council as operational land.3 That Council sell the land in the closed road to the owner of Lot 1 DP739113 at its market value as determined by Council’s Consulting Valuer.4 That Council delegate authority to the General Manager to sign:a. Survey plan of road closureb. Contract for the Sale of Landc. Land Registry Services documents:i. Application for issue of certificate of title for the land in the closed roadii. Transfer form.

8 November 2019Applicant and adjoining landowner advised of Council resolutions. Applicant’s surveyor engaged to prepare plan of road closure capable of registration at Land Registry Services.

4 February 2020No further update.

478 Item 9.42019.5912019-11-28

Land Acquisition - South Street, South Kempsey

1 That pursuant to Section 177 of the Roads Act 1993 application be made to the Minister for Local Government and Her Excellency the Governor for

4 February 2020Awaiting approval by Office of Local Government.



the compulsory acquisition of Lot 2 Deposited Plan 1246221 for the purposes of a public road.

2 That all mines and minerals be excluded from the compulsory acquisition.

3 That pursuant to Section 10 of the Roads Act 1993, Lot 2 Deposited Plan 1246221 be dedicated to the public as road.

482 Item 11.42019.6062019-12-17

Tender for the Supply and Delivery of Pavement Materials

That Council accepts the following tenders as a panel supply contract for the Supply and Delivery of Pavement Materials for a period of 3 years, commencing 18 December 2019 and concluding 17 December 2022: • Arnway Pty Ltd• Balls Earthmoving• Bayval Pty Ltd• GME Civil Construction• Pacific Blue Metal• Sheridans Hard Rock Quarry Pty Ltd• Thurgood Haulage Pty Ltd

7 February 2020Tenders accepted. KSC is now sourcing pavement materials in accordance with the tender recommendations.


485 Item 8.12019.6152019-12-17

Local Traffic Committee Meeting Held on 3 December 2019

1. That Council notes the minutes and adopts the recommendations of the Local Traffic Committee meeting of 3 December 2019.2. That Council advise the minute taker for the Local Traffic Committee that Cl Williams is to be referred to as Councillor, not as Deputy Mayor.

3 February 2020The minute taker has been advised. Minutes circulated.


488 Item 9.52019.6202019-12-17

Planning Proposal KLEP2013 AM

That Council, having considered the existing sewerage scheme capacity at Frederickton, pursuant to clause 3.35 (4) of the Environmental Planning & Assessment

3 February 2020The Director, Northern Planning, NSW Dept of Planning, Industry and Environment has been formally advised of Councils decision



23 Various Lots Frederickton

Act request the Minister for Planning that the matter, being KLEP AM 23, not proceed.

not to proceed with KLEP Amendment 23 and an alteration to the gateway will now be commenced to ‘not proceed’.


489 Item 9.62019.6212019-12-17

Lower Macleay Flood Study

That Council:1. note the submissions received during public exhibition of the Lower Macleay River Flood Study as described in the report,2. having considered submissions, adopt the Lower Macleay River Flood Study, including associated flood data and mapping,3. proceed with preparation of the Lower Macleay River Flood Risk Assessment and Management Plan, subject to receiving grant funding, and4. take the necessary steps to schedule into the 2020/2021 Operating Plan, a review and update of the Kempsey Local Environmental Plan 2013 (KLEP 2013), Development Control Plan 2013 (DCP 2013), and associated development policies and procedures to reflect new flood information.

3 February 2020The Lower Macleay Flood Study has been completed and is now final. Documentation is currently being prepared to inform the next stages which will see a Floodplain Risk Management Study and Plan completed.

493 Item 11.52019.6292019-12-17

Construction of Mid North Coast High Performance Centre, South West Rocks - TQE19/24

That Council:1. note the receipt of tenders for the Mid North Coast High Performance Centre,2. over a period of up to 4 months continue to source additional funding opportunities to enable the project to proceed, and3. in association with pursuing additional funding opportunities, seek advice to review the scope of the

7 February 2020KSC representatives met with representatives of the South West Rocks Country Club and key stakeholders to advise of financial status. Additional funding is being sought along with consideration of options for a reduction in project scope and/or staging with the design team.



project and investigate potential staging of construction to suit a reduced project cost.

494 Item 11.62019.6302019-12-17

TQE17/25 Design, Construction, Testing & Commissioning of Crescent Head Water Treatment Plant

That Council:1. receive the tender evaluation report by the tender evaluation committee for TQE 17/25 Design, Construction, Testing & Commissioning of Crescent Head Water Treatment Plant.2. Decline to accept any of the tenders with respect to TQE 17/25 in accordance with Clause 178(1)(b) of Local Government (General) Regulations 2005 as fresh tenders are unlikely to provide any different outcomes.3. Authorise the General Manager to enter into negotiations and finalise a contract with Microfloc Pty Ltd in accordance with Clause 178(3)(e) of Local Government (General) Regulations 2005 for the delivery of a package water treatment plant at Crescent Head as this provides for a cost effective, expedited solution to addressing water supply quality at Crescent Head.4. Authorise the General Manager to seek amendment to the grant funding deed under the Safe and Secure Water Program for the revised project scope.5. Note that points 3 and 4 of the recommendation are subject to informing and reaching agreement with relevant government agencies regarding the revised project scope.

5 February 2020Tenders have been declined. Amended project scope to be consulted with Department of Planning Industry and Environment prior to commencement of formal negotiation with Microfloc Pty Ltd.



6. Seek to connect the Crescent Head Water Supply Scheme to the Kempsey Lower Macleay Water Supply Scheme in the future, with this being a consideration of the current Integrated Water Cycle Management Plan development.

495 Item 11.72019.6312019-12-17

Kempsey Lower Macleay Water Supply Security

That Council:1. Note the current status of Council’s water supply in light of intense drought conditions being experienced and the associated need to put in place remedial actions as an emergency to mitigate supply security risks, both now and in the future.2. Note that based on the current trajectory of reduction in water supply storage, Level 4 restrictions will be required during January 2020 within the Kempsey Lower Macleay, Willawarrin and Bellbrook Water Supply areas.3. Authorise the General Manager to enter negotiations with Microfloc Pty Ltd for the delivery of an emergency water treatment plant of minimum 5ML/day capacity, with the option of supplementary units to increase capacity to meet normal supply requirements, under the emergency provisions of section 55(3)(k) of the Local Government Act 1993.4. Authorise the General Manager to enter contracts for other components of the required works to implement an emergency water treatment plant at Steuart McIntyre Dam, provided that the cost is within 20% of the indicated work component costs within this

5 February 2020Due to rainfall received in early January Council has delayed the introduction of Level 4 water restrictions and increased storage in Steuart McIntyre Dam by 7%.

Council has successfully gained a $4 million dollar grant to procure an emergency water treatment plant for Steuart McIntyre Dam. Discussions with Department of Planning Industry and Environment and Public Works Advisory are ongoing to complete requirements for the grant deed and develop the project plan for the new plant. Negotiations commenced with Microfloc Pty Ltd.



report, under the emergency provisions of section 55(3)(k) of the Local Government Act 1993.5. Note that points 3 and 4 are subject to confirmation of NSW Government funding being received and required agency consultation/approval being well progressed.6. Allocate required additional funding to deliver the emergency water treatment plant works as part of the December quarterly review.7. Note that alternative water supply provisions shall be investigated in the event that water availability within the Steuart McIntyre Dam is depleted should intense drought conditions continue.

Director Corporate and CommercialMin/CRM # Subject Resolution Progress

353 Item 15.12018.30320.11.2018

Facilitator for Macleay Valley Well-Being Centre

That:1. Council host a meeting of all the concerned parties

in relation to mental health, crime and other social issues in the valley.2. Subsequent to that report be provided to Council

on an update on what is happening and a way forward.

8 February 2019 Workshop raised with key stakeholders convened by local member Melinda Pavey. Listed as agenda item for the February ‘Breaking the Cycle’ meeting to confirm update of services mapping being carried out by Mid North Coast Local Health District (MNCLHD), ahead of confirming a date for March workshop.

9 May 2019Awaiting confirmation of further alignment with planned engagement and workshop being carried out by MNCLHD. Further information to come from Breaking the Cycle meeting in June.

4 August 2019Breaking the Cycle meeting for June was deferred. Direct correspondence with PHN has been commenced.

6 November 2019No further confirmation received on Breaking the Cycle meetings for 2019. Collating information and updates from PHN, Suicide Prevention Plan, Kempsey Place Plan on similar projects to develop an effective meeting. Further confirmation to be provided in 2020 if this can be achieved in conjunction with the review of Council’s Community Strategic Plan.

6 February 2020 No further update as meeting planning disrupted by Bushfire Emergency demands on resources.

403 Item 13.72019.438

Local Preference

1. That the information be noted 14 May 2019


2019.4.16 Purchasing Procedure

2. That a further update on the application of the Local Preference Purchasing Procedure be reported to Council in April 2020.

Not due until April 2020

427 Item 9.12019.4792019-6-25

Kempsey Airport - Noise Management Plan and Fly Neighbourly Advice

1. That Council acknowledge that the Airport has been operating in its current location being Sherwood Road, Aldavilla since 1936.

2. That Council acknowledge that it has a responsibility to manage the Airport as a valuable community asset to the benefit of the entire Shire.

3. That Council note the submissions received during the 12-week public exhibition period in relation to the draft Noise Management Plan (NMP) / Fly Neighbourly Advice (FNA) and the responses provided by The Airport Group and Council. That they be notified of the outcome in writing.

4. That Council note the amendments made by The Airport Group between the draft NMP/FNA and final NMP/FNA as a result of: a. community feedback gained through the public

submission process; and b. the Office of Airspace Regulation's submission on

the draft NMP/FNA. 5. That Council adopt the Kempsey Airport NMP dated

June 2019 subject to the following recommendations.

6. That Council proceed with the finalisation of the Fly Neighbourly Advice and:a. Place the draft FNA on public exhibition for 28

days; andb. Present the finalised FNA to a future Council

meeting for consideration and adoption.

15 July 2019

1. Completed2. Completed3. Completed4. Completed5. Completed6. FNA currently being drafted7. Ongoing8. Completed9. In progress10. In progress11. In progress12. In progress13. In progress14. Not due yet

9 November 2019

1. Completed2. Completed3. Completed4. Completed5. Completed6. FNA currently on exhibition and will be presented to

December 2019 Council meeting7. Ongoing8. Completed


7. That prior to executing any agreement negotiated by Council staff with a pilot training operator to undertake circuit training at Kempsey Airport, a report to Council is presented:a. Demonstrating that an overall community

benefit is achieved utilising the Quadruple Bottom Line assessment methodology as outlined in this report including appropriate environmental (including noise), social, financial and economic impacts; and

b. With Council resolving to endorse the agreement.

8. That in the event a Development Application is submitted to Council involving a commercial pilot training operator undertaking circuit training activities within the Kempsey Shire then Council shall notify residences and business within a 5km radius of the airport in writing of the proposed development. For any such development application, Council as the landowner and operator of the Airport will undertake a Quadruple Bottom Line assessment as outlined in this report including appropriate environmental (including noise), social, financial and economic impacts.

9. That Council make a request to CASA/Airservices Australia for an En-Route Supplement Australia (ERSA) entry for Kempsey Airport to be made detailing the Noise Abatement Procedures relating to circuit training as follows: a. Local Aircraft Operators - Hours of Operation as

follows:

9. In progress – subject to finalisation of the FNA10. In progress11. In progress12. In progress13. In progress14. Not due yet

3 February 2020

1. Completed2. Completed3. Completed4. Completed5. Completed6. Completed 7. Completed8. Completed9. Completed10. In progress11. In progress12. Not Commenced – Airport Master Plan deferred to

2020/2113. Not Commenced – Airport Master Plan deferred to

2020/2114. Completed


i. Monday - Friday (other than Public Holidays) 1. 07:00 - 19:00 Australian Eastern Standard Time2. 07:00 - 22:00 Australian Eastern Daylight Savings

Timeii. Saturday (Other than Public Holidays)3. 08:00 - 19:00 all year roundiii. Sunday (Other than Public Holidays)3. 09:00 - 18:00 all year roundiv. New South Wales Public Holidays3. 09:00 - 18:00, with the exception of Christmas

Day.b. Visiting Aircraft Operators - Hours of Operation

as follows:iii. Monday - Friday (other than Public Holidays) 3. 08:00 - 19:00 all year round.iv. Saturday - Sunday (Other than Public Holidays)3. Nil hours. None permitted on weekends.v. New South Wales Public Holidays3. Nil hours. None permitted on public holidays in

NSW.c. Aircraft are required to climb to 1000 (preferred)

or 500 feet above the aerodrome elevation prior to making the turn into the circuit, subject to consultation with CASA

d. Transponders are to be turned on and operated in accordance with CAAP 166-01 V4.2 for all operations.

e. Engine ground runs and run-ups should be kept to the minimum time operationally required.

Note: the above proposed ERSA considerations are subject to feedback and consultation with CASA


and may be altered in future. These considerations may also be subject to a risk assessment process prior to implementation.

10. That Council's strategic planning activities are strengthened with the aim to minimise conflict between incompatible land uses surrounding the Airport and ensure that permissible uses are compatible with aviation activities and subsequent identified development standards are reflected in the Local Environmental Plan (LEP) and Development Control Plan (DCP).

11. That Council resolve to notate on section 10.7 planning certificates: a. for s10.7.2 - the applicable ANEF contour overlay

constraints, as included in the planning scheme; and

b. for s10.7.5 - the same as the s10.7.2 and, if applicable, a notation identifying the linear distance to the boundary of the airport land if it is within 5 kilometres.

12. That Council resolve to develop a draft Airport Master Plan, inclusive of ANEF contours which will be used to inform Council's land-use planning instruments and present this to a future Council meeting for consideration prior to public exhibition.

13. That Council note that once ANEF contours are developed (in conjunction with an Airport Master Plan for Kempsey Airport) and adopted, clause 7.8 of the LEP regarding development in areas subject to aircraft noise would have effect. That in the interim that Council informs the proponent of any


development application within 5 km of the airport that there is a potential noise impact that needs to be further investigated or considered.

14. That Council acknowledge the involvement of the Kempsey Airport Reference Group (KARG) in the development of the NMP and that in accordance with the KARG Terms of Reference that after finalisation of the FNA KARG has fulfilled the role, is thanked for its service and is disbanded.

447 Item 9.32019.5162019-8-20

Renaming the Shire

1 That Council staff commence to engage with the community regarding a potential name change, naming options and community support

2 That Council staff investigate the full expected financial impact of a name change

3 That a report on this matter be returned to the June 2020 ordinary meeting of Council

9 November 2019

Planning has commenced for Local Government Elections 2020 and Councillors were briefed on this planning on 6 November 2019.

3 February 2020

Actions in progress – report will be provided to June 2020 council meeting

454 Item 9.32019.5332019-9-17

Country Universities Centre

That Council note that the General Manager, in consultation with Country Universities Centre, is taking the following steps to establish a Country Universities Centre in Kempsey:a. locate a suitable location for a Country Universities

Centre Macleay Valley in Kempsey, b. explore appropriate governance structure, including

board membership, andc. assist in the development of grant applications to

the State and Federal Government to provide

22 January 2020

All actions completed.

Items will be removed.


funding to the Country Universities Centre Macleay Valley

464 Item 7.12019.5592019-10-22

Plan to Save Our Recycling

1 That Council acknowledges the growing imperative to manage waste and recycling within NSW and calls for urgent action from the State Government to help build a circular economy in NSW. 2 That Council recognises initiatives and projects taken within the Kempsey local government area to help achieve this goal, including: a. restructuring Waste Services to be part of a commercial business unit working alongside Economic Development officers to achieve circular economy improvement opportunities; b. increasing Waste Services resourcing levels to facilitate increased waste related strategic planning and education; c. creating a sustainable schools network to improve waste management and education resources to support circular economy development; d. creating a business waste management webpage; e. providing a scheduled mobile Community Recycling Centre trailer service for household problem wastes that have resource recovery potential when source separated safely; f. working with local social enterprises on recycling initiatives that achieve greater landfill diversion and resource recovery opportunities; and? g. the ongoing implementation of process improvements that will provide greater time and ability

2 November 2019

1. Complete2. Complete3. Complete4. In progress5. In progress6. In progress

28 January 2020

1. Complete2. Complete3. Complete4. Complete5. Complete6. Complete

Item will be removed


to focus on developing local circular economy solutions, strategic planning and community engagement.3 That Council endorses Local Government NSW’s sector-wide Save our Recycling campaign, and asks the State Government to reinvest the Waste Levy in:a. Funding councils to collaboratively develop regional-scale plans for the future of waste and recycling in their regionsb. the delivery of the priority infrastructure and other local government projects needed to deliver regional-scale plans, particularly where a market failure has been identifiedc. support for the purchase of recycled content by all levels of government, to help create new marketsd. Funding and delivery of a state-wide education campaign on the importance of recycling, including the right way to recycle, the purchase of products with recycled content and the importance of waste avoidance.4 That Council write to the local State Member Melinda Pavey, Minister for Energy and Environment the Hon Matthew Kean MP, Local Government Minister Shelley Hancock, NSW Treasurer the Hon Dominic Perrottet MP, Premier the Hon Gladys Berejiklian MP, Opposition Leader Jodi McKay MP, Shadow Minister for Environment and Heritage Kate Washington MP, and Shadow Minister for Local Government Greg Warren MP to confirm its support for recycling and outline the urgent need to educate, innovate and invest in local waste and recycling services via the Waste Levy.


5 That Council advise LGNSW President Linda Scott of the passage of this Mayoral Minute6 That Council shares and promotes the Save Our Recycling campaign via its digital and social media channels and via its networks.

465 Item 9.12019.5612019-10-22

Saleyards Strategic Management Options Report - Preliminary Outcomes (Stage 1)

1 That Council note the strong community and Saleyard user support for Council to retain ownership of the Kempsey Regional Saleyards at its current location;2 That Council endorse further investigation and analysis of the “Maintain”, “Upgrade” and “Lease” options to determine the most advantageous option which will include:a. “Maintain” and “Upgrade” options – development of a business plan to determine the changes required to the Saleyard operations in order to achieve long-term independent financial sustainability and reduce operational risk to Council and the associated stakeholder impacts; andb. Conduct an Expression of Interest (EOI) for interested parties to lease the Kempsey Regional Saleyards after the preparation of a draft business plan.3 That Council provide a report back to a future Council meeting to recommend either “Maintain”, “Upgrade” or “Lease” as the preferred management option for the Kempsey Regional Saleyards; and4 That Council actively investigate grant funding opportunities for the upgrade of the Kempsey Regional Saleyards consistent with the business plan for an appropriate and financially affordable future capital works program.

2 November 2019

1. Complete2. In progress3. In progress4. In progress

28 January 2020

1. Complete2. In progress3. In progress4. In progress


467 Item 9.72019.5682019-10-22

Outdoor Dining Approvals

1 That the moratorium on the payment of fees and charges associated with the commercial use of footpath areas within the Kempsey Shire, villages and town centres be extended to 30 June 2025.2 That Council opt in to the NSW Outdoor Dining Policy 2019 and work with Service NSW and the Easy To Do Business program to ensure that all safety and legislative compliance issues are met by business owners through the self-assessment and lodgement process as outlined in the Policy.3 That Council receive a report to the June 2024 meeting to consider the reintroduction of charges for outdoor dining.

2 November 2019

1. Complete2. Complete3. Not yet due

22 January 2020

1. Complete2. Complete3. Not yet due

471 Item 9.52019.5812019-11-28

Council Meeting Date - September 2020

That the date of the September 2020 ordinary meeting of Council be rescheduled from 15 September 2020 to 29 September 2020, in order to provide sufficient time for the 2020 Local Government Election to be declared and councillors inducted.

22 January 2020

Complete.


472 Item 9.82019.5822019-11-28

Acting General Manager Appointment

1 That for the period 1 January 2020 to 31 December 2020 , the person holding the position of Director Corporate & Commercial be appointed to act as General Manager if the General Manager is sick or otherwise absent from work on leave, such appointment to cease upon the return to work of the General Manager or other resolution of the Council.

2 That if the person specified in paragraph 1 is unable or unwilling to act as General Manager at any time during the specified period, the person holding the position of Director Operations & Planning be

22 January 2020

Complete.



appointed to act as General Manager if the General Manager is sick or otherwise absent from work on leave, such an appointment to cease upon the return to work of the General Manager or other resolution of the Council.

3 That any person acting as General Manager pursuant to this resolution has all the functions, delegations, and sub-delegations given to the General Manager by Council.

473 Item 7.12019.5802019-11-28

State Government Funding for NSW Public Libraries

1 That Council make representation to the local State Member(s), The Hon. Melinda Pavey MP, in relation to the need for a sustainable state funding model for the ongoing provision of public library services.

2 That Council write to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for Consumer Price Index (CPI) indexation of state funding for NSW public libraries, as well as legislation of all elements of the 2019-20 to 2022-23 NSW state funding model.

3 That Council take a leading role in lobbying for sustainable state government funding for libraries.

4 That Council endorse the distribution of the NSW Public Libraries Association NSW library sustainable funding advocacy information in Council libraries, as well as involvement in any actions proposed by the Association.

11 February 2020

1. Complete2. Complete3. Ongoing4. Ongoing

474 Item 7.22019.5842019-11-28

November 2019 Bushfires

That Council:1 Note the information provided within this report on

ongoing activities associated with bushfires within the Kempsey Shire local government area.

10 February 2020

1. Complete2. Complete


2 Acknowledge the significant effort that has occurred by government agencies especially the Rural Fire Service (RFS), State Emergency Service, National Parks & Wildlife, Forestry, Local Land Services, not for profits, the private sector and from within the community in response to the bushfire emergency.

3 Acknowledge the significant effort that has occurred by Council staff in response to the bushfire emergency and in supporting the community at this time.

4 Acknowledge that many property owners have suffered substantial loss to property and livelihood as a result of the bushfire activity.

5 Promote the local Rotary fundraising activity ‘Macleay Valley Bushfire Relief Fund’ as the preferred source of donation of monies for those wishing to donate to the cause.

6 That a budget allocation of up to $10,000 be allocated to hold an event(s) within the community thanking the services who have helped the Kempsey Shire Council in the bushfire emergency.

3. General Manager has acknowledged staff in the staff newsletter, the staff BBQ and at the SLT meeting. Complete

4. Complete5. Information promoted on KSC webpage and Recovery

outreach. Complete6. An event to thank emergency services personnel is

being planned for 28 March 2020. Budget allocated. Complete

Item will be removed

476 Item 9.22019.5892019-11-28

Bushfire Recovery Phase - Property Owner Assistance

1 That Council waive fees and charges as outlined in this report and as detailed in the matrix tabled at the meeting for current owners of properties Damaged or Destroyed during the 2019 Bushfires relating to:a. Water and Sewerage chargesb. Waste Management and Tipping feesc. Development fees; andd. Interest on rates and charges.

10 February 2020

All items completed. Item will be removed.


2 That Council update the Hardship Relief and Ratepayers Procedure so that it applies to property owners who have had a house, facility or outbuilding determined to be destroyed or damaged by the responsible government agency as a result of a natural disaster.

3 That the waiving of fees and charges be for the periods as outlined in this report and no later than 30 June 2021. The disposal of single trailer loads of non-asbestos contaminated bushfire damaged materials at Council’s Waste Management Facility at Crescent Head Road, will be accepted free of charge until 15 December 2019.

477 Item 9.32019.5902019-11-28

Community Engagement Strategy

1 That Council note the submissions received as detailed in this report

2 That Council, having considered the submissions, endorse the Community Engagement Strategy

3 Add a comment within the strategy document that Council declare throughout the consultations the level of engagements.

6 February 2020

Complete. Item will be removed.

480 Item 10.22019.5962019-11-28

Community Sustainability Reference Group

That Council:  1 Notes the information in this NOM including the

Councillor’s comments, and the information in the attachment. 

2 Supports the actions outlined in the GM’s comments and notes they are in line with previous resolutions of Council on this matter including the development of an overarching sustainability strategy along with an action plan to guide Council and the community to achieve tangible outcomes in the years to come and that stakeholder engagement

6 February 2020

1. Complete2. To be actioned by Sustainability Officer who

commenced in January 2020 3. Complete4. Complete


will be a key part of this work and notes the appointment of a Sustainability Officer.  That Council investigates the establishment of a Community Sustainability Reference Group in line with Council's Community Engagement Strategy.

3 Acknowledges the significance of the Climate Rally conducted in Kempsey on 20 September 2019, involving school students and community members.  

4 Recognise the community screening of the film 2040, on 29 November 2019, which is being held as a part of the Climate Action Day which is being coordinated globally. 

483 Item 9.42019.6102019-12-17

Macleay Valley Coast Holiday Parks - Licence Management and Capital Program

1. That Council undertake an impact assessment of the impact of changing the management of annual license holders and permanent residents sites within Council's holiday parks at Crescent Head, Hat Head, Stuarts Point and Grassy Head. That this impact assessment to consider matters such as:a. Holiday park income generationb. Holiday park upgrade pathwaysc. Town village social and business impacts2. The development of these impact assessments to include community engagement with all stakeholders.3. That a workshop and site inspection with Councillors be undertaken.4. That Council commence appropriate stakeholder engagement on proposed changes to site layout plans with users of the holiday parks and the local community including users of the nearby reserves.

3 February 2020

1. In progress2. Subject to 1. above3. Planning commenced4. Planning phase commenced5. Commenced – subject to stakeholder and community

engagement6. Completed


5. That updated site layout plans are presented for consideration at a future Council meeting.6. That Council write to all existing annual licence holders to reiterate the licence condition which requires them to:a. seek prior written permission of the park owner prior to selling the occupants movable dwelling while it is on the site; andb. seek park owner’s prior written permission prior to transferring the whole or part of the occupants interest under the licence agreement.

486 Item 9.22019.6182019-12-17

Kempsey Airport - Fly Neighbourly Advice

1. That Council note the submissions received during the 5-week public exhibition period of the draft Fly Neighbourly Advice (FNA).2. That Council, having considered the submissions, endorse the Kempsey Airport FNA dated December 2019 and submit it to Civil Aviation Safety Authority (CASA) for approval.3. Subject to CASA approval of the FNA, that Council make a request to CASA / Airservices Australia for an En-Route Supplement Australia (ERSA) entry for Kempsey Airport to be made detailing the Noise Abatement Procedures as per Council Resolution 20198.479 dated 25 June 2019.4. That Council acknowledge the involvement of the Kempsey Airport Reference Group (KARG) in the development of the FNA and that in accordance with the KARG Terms of Reference that KARG has fulfilled the role, is thanked for its service and is disbanded.5. That Council makes adherence with the FNA a condition of any new or renewed agreement with a

28 January 20201. Complete2. Complete3. In Progress (currently being considered by CASA)4. Complete5. Ongoing


lease holder or operator subject to a conditions of use agreement.

487 Item 9.32019.6192019-12-17

Application to Building Better Regions Fund

That Council:1. submit an application for the Macleay Valley Adventure Recreation Park - MVARP (Working Title) to the Federal Government’s Building Better Regions Fund grant program, and2. seek the cooperation of the State and Federal Governments to jointly fund this project.

10 February 2020

Currently in progress.

490 Item 10.12019.6222019-12-17

Community Sustainability - The Regeneration

1. That Council, in conjunction with Macleay Living Sustainably coordinate additional community screenings of 2040;2. That Council, if possible, provide adequate copies of the movie for loan, either as a DVD or by digital download from Kempsey Shire Council libraries to satisfy community demand; and3. That Council investigate the viability of providing the schools version of the movie 2040 for use within local schools.

10 February 2020

1. To be progressed post Seniors Festival in February when resources available

2. Complete3. To be progressed as part of Library schools outreach

work

491 Item 10.42019.6242019-12-17

Planning for Bush Fire Protection

1 Council notes the General Manager's advice that Council does have details for building in a bush fire prone area and that development information is available on Council's website and through the Customer Service Centre. 2 This information is also available included and highlighted in information for any development application that is situated in a bush fire prone zone.

10 February 2020

1. Complete2. Information will be provided during pre-lodgement

meetings with Council planners.
