Ordinary Council Meeting - Hastings Council - NSW Government

Ordinary Council Meeting 

PORT MACQUARIE-HASTINGS COUNCIL 

Meeting Date: 16/02/2011 - Ordinary Council Meeting 

___________________________________________________________ 

Item 00 

Subject NOTICE OF ORDINARY COUNCIL MEETING - 16/02/11 

Director 

___________________________________________________________ 

RECOMMENDATION 

. 

Notice is given that the next Ordinary Council Meeting 

will be held on 

Wednesday, 16 February 2011 at 5.30pm 

in the Council Chambers, Port Macquarie 

A 

Andrew Roach, General Manager 

Note: Council is distributing this agenda on the strict understanding that the publication and/or 

announcement of any material from this Paper before the meeting not be such as to presume 

the outcome of consideration of the matters therein. 

PAGE 1


Council's Vision 

"A sustainable high quality of life for all". 

Council's Mission 

"To provide regional leadership and meet the community's needs in an equitable and inclusive 

way that enhances the area's environmental, social and economic qualities". 

Council's Corporate Values 

• Sustainability 

• Excellence in Service Delivery 

• Consultation & Communication 

• Openness & Accountability 

• Community Advocacy 

Council's Corporate Programmes 

Social: 

Governance: 

Environment: 

Economic: 

To facilitate access to a range of services and facilities, 

recognising the importance of social well-being and 

ensuring a safe, inclusive and equitable community. 

To provide leadership and effective decision making, 

sound financial and resource management. To undertake 

the role of advocacy and promote communication and 

consultation. To provide a safe working environment and 

value teamwork in all that we do. 

To protect and enhance environmental values and provide 

for sustainable growth and development. 

To facilitate economic growth through the provision of 

quality services, strategies and infrastructure for the 

betterment of the community. 

PAGE 2


How Members of the Public 

Can Have Their Say at Council Meetings 

Council has a commitment to providing members of the public with an input into Council's decision 

making. The Council's Code of Meeting Practice provides two (2) avenues for members of the public to 

address Council on issues of interest or concern at the Ordinary Council Meeting. These are: 

1. Addressing Council on an Agenda Item 

If the matter is listed in the Council Business Paper, you are required to complete the form 

"Request to Speak on an Agenda Item at a Council Meeting" (Form A1/OCM3). This form can be 

obtained from any of Council's Offices, by downloading from Council's website or by telephoning 

Council's Call Centre on 6581 8111. The form can also be faxed to 6581 8100. 

The Request Form must be received by Council no later than 4.30pm on the day prior to the 

Council Meeting. 

Council's Code of Meeting Practice sets out the following guidelines for addressing Council: 

• Addresses will be limited to 5 minutes. 

• If you wish any written information, drawings or photos to be distributed to the Council to 

support the address, two (2) copies should be provided to the Manager Governance & 

Executive Services prior to the commencement of the meeting. 

• Where speakers wish to make an audio visual presentation, a copy is to be provided to the 

Manager Governance & Executive Services by 12 noon on the day of the Council Meeting. 

• Council will permit only two (2) speakers "For" and two (2) speakers "Against" the 

Recommendation contained in the Business Paper. If there are more than two speakers for 

and against, the Administrator will request the speakers to determine who will address Council 

2. Addressing Council in the Public Forum 

If the matter is not listed in the Council Business Paper, residents are able to address Council in the 

Public Forum session on Council related issues. The Public Forum is the first item of the Council 

meeting and a maximum of five (5) speakers will be heard. 

If you wish to address Council in the Public Forum, you are required to complete the form "Request 

to Speak in Public Forum at Ordinary Council Meeting" (Form PF/OCM1). This form can be 

obtained from any of Council's Offices, by downloading from Council's website or by telephoning 

Council's Call Centre on 6581 8111. The form can also be faxed to 6581 8100. 

The Request Form must be received by Council no later than 4.30pm on the day prior to the 

Council Meeting. 

Each speaker will be limited to 5 minutes in the Public Forum. Council may ask questions of 

speakers but speakers cannot ask questions of Council. 

Council will not determine matters raised in the Public Forum session, however may resolve to call 

for a further report, when appropriate. 

Speakers will be allowed to address Council in the Public Forum on the same issue no more than 

three (3) times in each calendar year. (Representatives of incorporated community groups may be 

exempted from this restriction). 

PAGE 3




___________________________________________________________ 

Item 000 

Subject INDEX - ORDINARY COUNCIL MEETING - 16/02/11 

Director 

___________________________________________________________ 


To link through to reports click on the 

next to the red item number. 

ITEM NO: 00 SUBJECT:NOTICE OF ORDINARY COUNCIL MEETING - 16/02/11 

00 

ITEM NO: 000 SUBJECT:INDEX - ORDINARY COUNCIL MEETING - 16/02/11 

000 

ITEM NO: 01 SUBJECT:ACKNOWLEDGEMENT OF COUNTRY 

01 Acknowledgement of Country. 

ITEM NO: 02 SUBJECT:CONFIRMATION OF MINUTES 

02 That the Minutes of the Ordinary Council Meeting held on 15 December 2010 

and Minutes of the Extra-Ordinary Council Meeting held on 11 January 2011 be 

confirmed. 

ITEM NO: 03 SUBJECT:DISCLOSURES OF INTEREST 

03 That the disclosures of interest be presented. 

ITEM NO: 04 SUBJECT:CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL 

MEETING C.750.20.80 

04 That Council determine that the Attachment to Item No. 23 be considered as 

confidential, in accordance with Section 11(3) of the Local Government Act, for 

the reason listed in the report. 

ITEM NO: 05 SUBJECT:PUBLIC FORUM 

05 Public Forum 

ITEM NO: 06 SUBJECT:ADMINISTRATOR'S MINUTES 

06 That the Administrator's Minutes be received. 

16/02/2011 - Social 

ITEM NO: 07 SUBJECT:COUNCIL LAND AT 8 BELAH ROAD, PORT MACQUARIE 

07 1. That Council in its capacity as a Prescribed Authority pursuant to the 

provisions of Section 88D(12) of the Conveyancing Act 1919 hereby orders that 

the restrictions on the use of land numbered 2 to 8 inclusive as detailed in the 

Second Schedule o 

ITEM NO: 08 SUBJECT:HASTINGS DISTRICT WATER SUPPLY - MOU WITH NSW HEALTH 

08 1. That the General Manager sign the Memorandum of Understanding (MOU) - 

Port Macquarie-Hastings Council Public Drinking Water Supply Jan 2011 to Dec 

2016, 2. That the Council staff involved in this project be congratulated and the 

NSW Health staff a 

ITEM NO: 09 SUBJECT:KENDALL TENNIS COURTS - COMMUNITY ENGAGEMENT FEEDBACK 

09 1. That Council does not support the proposal to develop additional tennis court 

PAGE 4


facilities within the Kendall Pool Grounds. 2. That Council undertake the 

necessary investigations to determine whether ARTC owned land in Kendall 

may be suitable for a 

ITEM NO: 10 SUBJECT:LAND ACQUISITIONS AND ROAD CLOSURES - PAPPINBARRA ROAD, 

PAPPINBARRA. 

10 That pursuant to Section 377 of the Local Government Act 1993, the General 

Manager be delegated authority to sign the Deed of Clarification. 

ITEM NO: 11 SUBJECT:LAND AND EASEMENT ACQUISITION - PART CROWN RESERVE 87617 

- GORDON STREET, PORT MACQUARIE 

11 1. That Council in its capacity as Trust Manager of the Kooloonbung Creek 

Reserve (R87617) Trust raise no objection to the acquisition by Country Energy 

of land and easements necessary to accommodate the padmount substation, 

electrical pillar box and 

ITEM NO: 12 SUBJECT:SALE OF A STRIP OF UNUSED COUNCIL LAND IN TELEGRAPH POINT 

CONTAINING A DISUSED WATER PIPE 

12 1. That Council agree to dispose of a strip of unused Council land in Telegraph 

Point as outlined in the report. 2. That the transfer and associated documents for 

the sale of Council of land contained within Old Law System described as No 

785 Book 31 

16/02/2011 - Governance 

ITEM NO: 13 SUBJECT:STATUS OF OUTSTANDING REPORTS TO COUNCIL 

13 That the report be received and noted. 

ITEM NO: 14 SUBJECT:TENDER FOR SUPPLY & DELIVERY OF DOMESTIC WATER METERS 

(T51011MNC) 

14 1. That Council accept the tender from Elster Metering Pty Ltd for the supply & 

delivery of domestic water meters for the period 1 January 2011 to 31 December 

2012 with an option for a further 12 months. 2. That approval be given for the 

execution of 

ITEM NO: 15 SUBJECT:TENDER FOR SUPPLY & DELIVERY OF BULK CATIONIC RAPID 

SETTING (CRS) BITUMEN EMULSION (T41011MNC) 

15 1. That Council accept the Tender from Downer EDI Works for the Supply & 

Delivery of CRS Bitumen Emulsion for the period 1 January 2011 to 31 

December 2012 with an option for a further 12 months. 2. That approval be 

given for the execution of the nec 

ITEM NO: 16 SUBJECT:COMPLAINTS HANDLING REPORT 

16 That the report be received. 

ITEM NO: 17 SUBJECT:RECOGNITION OF COMPLIMENTS TO COUNCIL STAFF 

17 That the information be noted and Council's appreciation of the staff 

performance and efforts be recorded with thanks. 

ITEM NO: 18 SUBJECT:QUARTERLY REVIEW OF THE 2010/11 CORPORATE PLAN AS AT 31 

DECEMBER 2010 Tony Leahy 


ITEM NO: 19 SUBJECT:INDEPENDENT INVESTMENT ADVISORY SERVICES 

19 1. That Council proceed with Option 1 as listed in this Report - that is to 

undertake a Request for Quotation process to seek interest from Advisory 

Sevice Providers. 2. To continue with the current arrangements with Oakvale 

Capital on an interim bas 

ITEM NO: 20 SUBJECT:MONTHLY REVIEW OF FINANCIAL POSITION - JANUARY 2011 

20 That the adjustments in the "Financial Implications" section of the report be 

adopted. 

ITEM NO: 21 SUBJECT:PURCHASE OF 14 TONNE EXCAVATOR 

21 That Council accept the tender from Komatsu Australia P/L for the supply and 

delivery of one (1) Komatsu PC138SU-8 Excavator for$183,943.00 ex GST. 

ITEM NO: 22 SUBJECT:PURCHASE OF SKIDSTEER LOADER AND ATTACHMENTS 

22 That Council accept the tender from All Diesel Equipment Sale & Service for the 

PAGE 5


supply and delivery of one (1) Bobcat S330H-8 Skidsteer Loader for 

$138,883.00 ex GST. 

ITEM NO: 23 SUBJECT:PURCHASE OF 2 BACKHOE LOADERS 

23 That Council accept the tender from Hitachi Construction Machinery (Australia) 

P/L for the supply and delivery of two (2) John Deere JD315SJ Backhoe 

Loaders for $276,100.00 incl.GST and the supply of buckets and accessories for 

$22,136.00 incl. GST 

ITEM NO: 24 SUBJECT:INVESTMENTS - NOVEMBER 2010, DECEMBER 2010 & JANUARY 

2011 


16/02/2011 - Environment 

ITEM NO: 25 SUBJECT:DOGS IN PUBLIC OPEN SPACES POLICY 

25 1. That Council place the proposed policy "Dogs in Public Open Spaces"on 

public exhibition for comment for a period of 28 days, with any proposed 

changes being reported back to Council. 2. That in addition to existing leash-free 

dog exercise areas on 

ITEM NO: 26 SUBJECT:FUNDING OFFERS FOR NATURAL RESOURCE MANAGEMENT 

26 That Council accept 4 grant offers of $90,000, $20,000, $30,000 and $25,000 

from the Northern Rivers Catchment Management Authority and a grant offer of 

$100,000 from the Environmental Trust and that the budget be adjusted to 

reflect these grants. 

ITEM NO: 27 SUBJECT:DELEGATIONS UNDER THE ENVIRONMENTAL PLANNING & 

ASSESSMENT ACT 1979 

27 That Council delegate to the General Manager the functions of the Northern 

Joint Regional Planning Panel as specified in the Instrument of Delegation 

attached to this report and dated 3 December 2010. 

ITEM NO: 28 SUBJECT:DRAFT DEVELOPMENT CONTROL PLAN 2010 

28 That Council: 1. Exhibit the attached draft DCP provisions relating to tree 

management, outdoor dining and roof terraces in accordance with c18 of the 

Environmental Planning and Assessment Regulation 2000. 2. Re-exhibit the 

environmental management a 

ITEM NO: 29 SUBJECT:WARLTERS STREET BUSINESS LANDS - LOCAL ENVIRONMENTAL 

STUDY AND DRAFT LOCAL ENVIRONMENTAL PLAN 

29 1. In accordance with section 59(2)(a) of the Environmental Planning and 

Assessment Act 1979, Council forward the draft Port Macquarie-Hastings 

(Warlters Street Commercial Lands) Local Environmental Plan 2011 to the 

Department of Planning for finalis 

ITEM NO: 30 PROPERTY: DA 2010/0475 - LOT 328, DP 1157230, GREENMEADOWS DRIVE, 

PORT MACQUARIE SUBJECT: CLUSTER HOUSING COMPRISING THREE (3) TWO STOREY 

DWELLINGS AND TORRENS TITLE SUBDIVISION INCLUDING SEPP 1 OBJECTION TO CLAUSES 

15 AND 18 OF THE HASTINGS LOCAL ENVIRONMENTAL PLAN 2001 DA 2010/0475 

APPLICANT AND DEVELOPER: KING & CAMPBELL PTY LTD 

30 That DA 2010/0475 for Cluster Housing comprising three (3) two storey 

dwellings and torrens title subdivision including SEPP 1 Objection to Clauses 15 

and 18 of the Hastings Local Environmental Plan 2001 at Lot 328, DP 1157230, 

Greenmeadows Drive, Po 

ITEM NO: 31 PROPERTY: DA 2010/0507 - LOT 1 DP1131887 & LOT 73 DP754412, WALLIS 

ROAD, ELLENBOROUGH SUBJECT: BOUNDARY ADJUSTMENT INCLUDING SEPP 1 

OBJECTION TO CLAUSE 15 OF THE HASTINGS LOCAL ENVIRONMENTAL PLAN 2001 DA 

2010/0507 APPLICANT AND DEVELOPER: MID COAST SURVEYING PTY LTD 

31 That DA 2010/0507 for a boundary adjustment including a SEPP 1 objection to 

Clause 15 of the Hastings Local Environmental Plan 2001 at Lot 1, DP 1131887 

and Lot 73, DP 754412, Wallis Road, Ellenborough, be determined by granting 

consent subject to th 

ITEM NO: 32 PROPERTY: DA 2010/477 - LOT 40 DP 754403 & LOT 1 DP 1122266, ROB 

ROY ROAD, KING CREEK SUBJECT: TWO (2) STOREY DWELLING-HOUSE INCLUDING SEPP 1 

OBJECTION TO CLAUSE 18 OF HASTINGS LEP 2001 DA 2010/477 APPLICANT AND 

PAGE 6


DEVELOPER: W & G AQUEL 

32 That it be noted that DA 2010/0477 for a Two(2) Storey Dwelling-House 

Including SEPP 1 Objection to Clause 18 of Hastings LEP 2001 at Lot 40 DP 

754403 & Lot 1 DP 1122266, Rob Roy Road, King Creek has been approved by 

Council's Development Assessment 

ITEM NO: 33 SUBJECT:AREA 14 - 1B OCEAN DRIVE, LAKE CATHIE 

33 1. That Council submit the final Planning Proposal to the Department of Planning 

and request that the Department of Planning make the LEP in accordance with 

59(2)(a) of the Environmental Planning and Assessment Act 1979. 2. That 

Council delegate auth 

ITEM NO: 34 SUBJECT:WORKS IN KIND APPLICATION - ROADWORKS, STREETSCAPE WORKS 

AND CONSTRUCTION OF LANEWAY, GORE AND BRIDGE STREETS, PORT MACQUARIE 

34 1. That the application to undertake works as Material Public Benefit including 

the construction of a roadworks and streetscape works at the intersection of 

Bridge and Gore Streets, Port Macquarie and construction of the laneway from 

Gore Street to t 

ITEM NO: 35 SUBJECT:STRATEGIC PLANNING PROGRAM 2011/12 

35 That Council proceed to implement the Strategic Planning program outlined in 

this report in the 2011/12 financial year. 

ITEM NO: 36 SUBJECT:OCEAN CLUB RESIDENTIAL COMMUNITY PLANNING AGREEMENT 

36 That Council delegate authority to the General Manager to enter into and 

execute the Ocean Club Residential Community Planning Agreement relating to 

Lot 5 in DP 594793, Lot 4 in DP 255923 and Lot 1 DP 1145106, Ocean Drive, 

Lake Cathie. 

16/02/2011 - Economic 

ITEM NO: 37 SUBJECT:INTERSTATE TRAVEL - QANTAS AUSTRALIAN TOURISM AWARDS 

37 That approval be granted to Linda Hall, Manager Tourism & Events represent 

Port Macquarie-Hastings Council at the Qantas Australian Tourism Awards from 

11-13 March 2011. 

PAGE 7




___________________________________________________________ 

Item 01 

Subject ACKNOWLEDGEMENT OF COUNTRY 

Director 

___________________________________________________________ 


Acknowledgement of Country. 

PAGE 8




___________________________________________________________ 

Item 02 

Subject CONFIRMATION OF MINUTES 

Director 

___________________________________________________________ 


That the Minutes of the Ordinary Council Meeting held on 15 December 2010 and 

Minutes of the Extra-Ordinary Council Meeting held on 11 January 2011 be 

confirmed. 

PAGE 9




___________________________________________________________ 

Item 03 

Subject DISCLOSURES OF INTEREST 

Director 

___________________________________________________________ 


That the disclosures of interest be presented. 

DISCLOSURE OF INTEREST AT ORDINARY COUNCIL MEETING 

Meeting Date: ............................................ 

Item Number: ............................................ 

Subject: ...................................................................................... 

...................................................................................... 

I, ............................................................... declare the following interest: 

Pecuniary: 

Must leave Chamber, take no part in the discussion and voting. 

Non-Pecuniary - Significant Conflict: 

Recommended that affected person leaves Chamber, takes no 

part in discussion and voting. 

Non-Pecuniary - Insignificant Conflict: 

Affected person may choose to remain in Chamber and 

participate in discussion and voting. 

For the reason that: ................................................................................ 

................................................................................................................. 

Signed: .......................................................... Date: ............................. 

(Definitions are provided on the next page) 

PAGE 10


Definitions 

(Local Government Act and Code of Conduct) 

Pecuniary - An interest that a person has in a matter because of a reasonable likelihood or 

expectation or appreciable financial gain or loss to the person or another person with whom the 

person is associated. 

(Local Government Act, 1993 Sections 442 and 443). 

A Councillor or other member of a Council Committee who is present at a meeting and has a 

pecuniary interest in any matter which is being considered must disclose the nature of that 

interest to the meeting as soon as practicable. 

The Councillor or other member must not take part in the consideration or discussion on the 

matter and must not vote on any question relating to that matter. 

(Section 451) 

Non-Pecuniary - A private or personal interest the council official has that does not amount to 

a pecuniary interest as defined in the Act (for example; a friendship, membership of an 

association, society or trade union or involvement or interest in an activity and may include an 

interest of a financial nature). 

If you have declared a non-pecuniary conflict of interest you have a broad range of options for 

managing the conflict. The option you choose will depend on an assessment of the 

circumstances of the matter, the nature of your interest and the significance of the issue being 

dealt with. You must deal with a non-pecuniary conflict of interest in at least one of these ways. 

• It may be appropriate that no action is taken where the potential for conflict is minimal. 

However, Council officials should consider providing an explanation of why they consider a 

conflict does not exist. 

• Limit involvement if practical (for example, participate in discussion but not in decision 

making or vice-versa). Care needs to be taken when exercising this option. 

• Remove the source of the conflict (for example, relinquishing or divesting the personal 

interest that creates the conflict or reallocating the conflicting duties to another officer). 

• Have no involvement by absenting yourself from and not taking part in any debate or voting 

on the issue as if the provisions in Section 451(2) of the Act apply (particularly if you have a 

significant non-pecuniary conflict of interest). 

PAGE 11




___________________________________________________________ 

Item 04 

Subject CONFIDENTIAL CORRESPONDENCE TO ORDINARY 

COUNCIL MEETING 

Director / GENERAL MANAGER: ANDREW ROACH 

___________________________________________________________ 

In accordance with the provisions of Sections 11(3) and 10A(2) of the Local Government Act 

1993, a confidential attachment has been submitted to the Ordinary Council Meeting. 


That Council determine that the Attachment to Item Nos. 14 and 15 be considered 

as confidential, in accordance with Section 11(3) of the Local Government Act, for 

the reason listed in the report. 

Discussion 

The following confidential attachment has been submitted to the Ordinary Council Meeting: 

Item No: 14 

Subject: 

TENDER FOR SUPPLY & DELIVERY OF DOMESTIC WATER 

METERS (T51011MNC) 

Attachment Description: Evaluation Scores Schedule 

Confidential Reason: 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. Local 

Government Act 1993 – Section 10A(2(c)). 

Item No: 15 

Subject: 

TENDER FOR SUPPLY & DELIVERY OF BULK CATIONIC 

RAPID SETTING (CRS) BITUMEN EMULSION (T41011MNC) 

Attachment Description: Evaluation Scores Schedule 

Confidential Reason: 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. Local 


PAGE 12




___________________________________________________________ 

Item 05 

Subject PUBLIC FORUM 

Director 

___________________________________________________________ 


That Council consider the requests to address the Public Forum. 

PAGE 13




___________________________________________________________ 

Item 06 

Subject ADMINISTRATOR'S MINUTES 

Director 

___________________________________________________________ 


That the Administrator's Minutes be received. 

PAGE 14


Social 

Meeting Date: 16/02/2011 - Social 

___________________________________________________________ 

Item 07 

Subject COUNCIL LAND AT 8 BELAH ROAD, PORT MACQUARIE 

Director TONY LEAHY (CBS) 

___________________________________________________________ 

A report for the making of an Order to release restrictions on title of Council land situated at 8 

Belah Road, Port Macquarie. 


1. That Council in its capacity as a Prescribed Authority pursuant to the provisions 

of Section 88D(12) of the Conveyancing Act 1919 hereby orders that the restrictions 

on the use of land numbered 2 to 8 inclusive as detailed in the Second Schedule of 

the title to Lots 101 and 102 Deposited Plan 1156964 be released. 

2. That the General Manager be delegated authority to sign the Land and Property 

Information "Release or Extinguishment of Restriction on the use of Land" form. 

Discussion 

Council at its meeting of 24 September 2008 considered a report on the acquisition of land in 

Belah Road for the purposes of flood mitigation. A copy of the report is linked here. 

Subsequently, the land was acquired and the flood mitigation works involving the widening of 

drainage channel were completed. The widening necessitated the demolition of the buildings 

on the land that Council acquired. 

As discussed in the Council report of 24 September 2008, the acquired land has been 

subdivided into two allotments with the intent to auction the vacant land not required for flood 

mitigation purposes. Lot 101 Deposited Plan 1156964 represents the land to be held for flood 

mitigation purposes whilst Lot 102 Deposited Plan 1156964 represents the land to the disposed 

by public auction. It is intended that the auction be conducted during March 2011. 

The title Deeds to Lots 101 and 102 contain a number of notations that restrict the use of the 

land. The restrictions were originally imposed by Council from the early 1970's when Council 

owned a considerable amount of land in what is now the Port Macquarie Industrial Area. The 

restrictions pertain to matters such as future subdivision, caretaker residence, type of building 

permitted, fencing and others. With the passing of the decades since the 1970's, the 

restrictions are no longer considered either necessary or practical, but none the less the 

restrictions remain on the title Deeds until specific action is taken to remove them. 

PAGE 15


The auction of Lot 102 provides a suitable opportunity to release the restrictions. It is 

considered there is a commercial benefit in releasing the restrictions, as the title will then be 

'clean' with the auction price likely be higher than if the burdens on title were to remain. 

Given that Council is both the owner of Lots 101 and 102 DP1156964 and also the 'Prescribed 

Authority' with the power to release, vary or modify the restrictions, the Conveyancing Act 1919 

provides for Council, acting as a Prescribed Authority, to make an Order to release, vary or 

modify the restrictions. 

Alignment With Strategic Direction 

Not applicable 

Consultation 


Planning and Policy Impact 


Financial & Economic Implications 

A nominal fee in the order of $100 will be charged by the NSW Land and Property Information 

to amend the title Deeds following the making of the Order as recommended in this report. 

Options 

There is the option to: 

1. Make the Order as detailed in this report. 

2. Make a different Order to that as recommended. 

2. Not make any Order. 

PAGE 16


Social 


___________________________________________________________ 

Item 08 

Subject HASTINGS DISTRICT WATER SUPPLY - MOU WITH NSW 

HEALTH 

Director JEFFERY SHARP (INFRA) 

___________________________________________________________ 

To seek Council's approval to enter into a Memorandum of Understanding (MOU) between the 

North Coast Public Health Unit (NCPH) and Council in relation to the supply of safe drinking water 

to consumers in the Hastings Area. 


1. That the General Manager sign the Memorandum of Understanding (MOU) - Port 

Macquarie-Hastings Council Public Drinking Water Supply Jan 2011 to Dec 2016, 

2. That the Council staff involved in this project be congratulated and the NSW 

Health staff also be thanked for their role in the completion of this MOU with the 

North Coast Public Health Unit. 

Discussion 

The NSW Minister of Health and the Director-General NSW Health have certain responsibilities 

in relation to the protection of public health under the Public Health Act, 1991. The NSW 

Government has endorsed the National Health and Medical Research Council's (NHMRC) 2004 

Australian Drinking Water Guidelines (ADWG) as a model of best practice in NSW. 

PMHC has been actively working upon its compliance with the NHMRC's 2004 ADWG since the 

draft of this document was originally released in 2001. This long-term strategic approach to the 

provision of a clean and safe water supply has included numerous projects and initiatives 

specifically targeting the improvement of drinking water quality. 

A risk based approach has been adopted to identify project priorities which have included; 

Villages Water Treatment Plants at Comboyne, Long Flat and Telegraph Point ($7.5M), 

Wauchope Water Treatment Plant ($25M), Koree Island River Water Quality Monitoring Project 

($2.5M), Port Dam & Rosewood Reservoirs Hypo Dosing System Upgrades ($1.5M) and Port & 

Cowarra Dams Water Quality Monitoring Projects ($0.75M). 

These major projects combined with numerous operational system upgrades and improvements 

to normal operating practices has gone a long way to improving Council's compliance with 

NHMRC's 2004 ADWG and the 12 elements of the Framework for the Management of Drinking 

Water Quality. 

The proposed MOU sets out the mutual commitment and support in achieving a cooperative 

approach to supplying water that is safe to drink and ensuring the protection of public health for 

the Port Macquarie-Hastings community who have access to the drinking water within the 

reticulation network. 

PAGE 17


The MOU will now formalise the existing excellent working relationship in regard to the public 

drinking water supply and further encourage a strong and effective linkage between the North 

Coast Public Health unit and PMHC. 

The MOU includes an agreement to work cooperatively to: 

• Consider long term strategic issues and emerging public health issues relating to the 

drinking water supply, 

• Maintain and enhance water quality data collection and data sharing programs, 

• Participate in programs of research and development and sharing of program results as 

appropriate eg. disinfection by-products, pesticide sampling/testing and Total & 

Dissolved Organic Carbon sampling/testing, 

• Define and implement effective processes for communication and reporting, and 

• Annual review the implementation of the MOU 

This will be the first Public Drinking Water Supply MOU to be established within the North Coast 

Region and PMHC has been recognised as a regional leader in the operation and monitoring of 

its water supply services. 

A copy of this MOU is attached. 

In particular PMHC's Environmental Laboratory has developed the capacity to perform 

advanced physical, chemical and microbiological analysis of Council's drinking water, which 

importantly includes NATA accreditation. 

This NATA accreditation allows the Laboratory to provide an onsite microbiological analysis 

service to the Water Supply Section, with results being available within 24 hours, rather than 

relying upon sending water samples to the Division of Analytical Laboratories in Sydney and the 

associated inherent delays in obtaining test results. 

The Laboratory also provides advanced analytical services in relation to the monitoring and 

identification of algal species at Council's river intakes and off-creek storage dams. Again this 

level of onsite expertise is invaluable in the operation of Council's water supply schemes. In 

this regard the capacity of PMHC's Laboratory and its staff is the envy of all water supply 

operators on the North Coast and probably all of NSW. 


The MOU is directly aligned with Council's corporate objectives which include; 

"To provide a reliable, safe, clean and cost effective water supply to Council's customers in a 

manner sympathetic to the environment" 

Consultation 

There has been extensive external consultation with staff from the NSW Health in Sydney (Dr 

Paul Byleveld & Sandy Lesk) and locally with staff (Greg McAvoy & Kerryn Lawrence) from the 

North Coast Public Health Unit. 

Internally a working party including both Water Supply and Laboratory Section staff have been 

involved in the development and review of this MOU over the past 12 months. This working 

party has included Dr Maree Smith, Fiona Conlon, Michael Murphy, Allan Barlin, Alison Spice 

and Danny Roberts. 

The MOU includes a requirement for a Steering Committee to be formed which will meet on a 

PAGE 18


regular basis to review and implement actions. 


This MOU will assist in the ongoing development of Council's drinking water quality 

improvement plans. 


This MOU will assist in the continue development and implementation of Council's drinking 

water quality improvement plan, which will represent significant future capital investment in 

water supply treatment facilities over the next 25 years. 

These proposed projects are currently included in Council's Water Supply 30 year capital works 

programme. 

Options 

Council has the option not to endorse the recommendation of signing the MOU, however this is 

not the preferred outcome. 

PAGE 19


Social 


___________________________________________________________ 

Item 09 

Subject KENDALL TENNIS COURTS - COMMUNITY ENGAGEMENT 

FEEDBACK 

Director JEFFERY SHARP (INFRA) 

___________________________________________________________ 

The purpose of this report is to advise Council of the results of the community engagement 

process regarding the proposal to establish additional tennis courts within the Kendall Pool 

Grounds. 


1. That Council does not support the proposal to develop additional tennis court 

facilities within the Kendall Pool Grounds. 

2. That Council undertake the necessary investigations to determine whether ARTC 

owned land in Kendall may be suitable for a tennis facility. 

3. That Council undertake further negotiation with Kendall Tennis Club to identify 

an appropriate project for the $100 000 that has been allocated to the club by 

Council through the Sports Development Fund. 

Discussion 

The proposal to establish additional tennis courts within the Kendall Pool Grounds was the 

subject of a report to Council at the Ordinary Council Meeting held on 22 September 2010. 

At this meeting Council resolved: 

1. That the proposal to establish additional courts within the Kendall Pool Grounds be considered 

by the community before Council makes a decision whether to support the proposal in this 

location. 

2. That the results of the community engagement be reported back to Council at a future Council 

Meeting. 

Copies of the proposed location for the courts were on display at the Laurieton Council office 

and in the Kendall Pool entry as well as being included on Council's website for the exhibition 

period. 

A press release regarding the exhibition period for this proposal was developed by Council's 

Communications Team and stories were included in local print press. 

The exhibition period was to run between 1 and 29 October 2010, however due to issues raised 

at the Kendall 'Listening to the Community' Forum held on 13 October 2010 Council's 

Administrator asked that the exhibition period be extended to 14 December 2010 and that 

Council's Community Development Team facilitate a community forum regarding this proposal 

PAGE 20


to allow for the community to be better informed. 

Community Forum 

The Community Forum regarding the proposal to install tennis courts within the Kendall Pool 

Grounds was held on the Tuesday 30 November 2010 between 6.00 and 8.00pm at the Kendall 

Community Centre with 84 residents in attendance on the evening. 

Attendees were advised that the forum was not a decision making process, rather it was an 

opportunity for those in attendance to be better informed about the proposal. This was done 

through an asset based assessment of the proposal, looking at what the Community had, 

wanted and how this might be achieved. 

The Forum was considered a success by Council staff with a number of positive feedback 

responses received both through the evening and following the event. 

ARTC Land 

As discussed in the initial report to Council regarding this matter Kendall Tennis Club had 

previously identified a site owned by the Australian Rail Track Corporation (ARTC) as their 

preferred site for relocation in 2005. 

At that point in time the club entered negotiations with the ARTC for access to land adjacent to 

the existing facility. During negotiation ARTC advised that Kendall Tennis Club could access 

this land at an annual lease cost of $25 000. Kendall Tennis Club have subsequently advised 

Council that they cannot meet these annual costs and that it was no longer feasible to pursue 

this option and the pursuit of a site for additional facilities stalled. 

On the morning of the community forum Council was informed that ARTC would consider 

negotiating with Port Macquarie - Hastings Council on a disposal of a Community preferred 

parcel of land at Kendall which could include the Orara Street site. Council was also advised 

that a sale will also be subject to Ministerial Consent – to be obtained from the Minister for 

Transport. 


This report aligns with the social strategic direction of Council in the following way. 

Social: 

To facilitate access to a range of services and facilities, recognising the importance of social 

well-being and ensuring a safe, inclusive and equitable community. 

Consultation 

Council received 63 submissions during the exhibition period, the details of which are included 

in the attachment provided below. 

It should be noted that some individuals made multiple submissions during the exhibition 

period. Where this has occurred and the content is consistent Council has consolidated the 

submissions to one submission. 

It should also be noted that residents were invited to make submissions following the 

Community Form regarding this proposal, and where residents had a change in mindset 

regarding the project only the most recent correspondence has been referenced in the 

attachment. 

PAGE 21


A number of submissions were from multiple persons or community groups and for the purpose 

of this report these have been considered as one submission. 

Of the submissions received 23 were in support of the project while 40 submissions did not 

support the proposal to install additional courts within the Kendall Pool Grounds. 

The purpose of this community engagement was to gauge the level of support for the proposal 

to install additional courts within the Kendall Pool Grounds. It is significant to note that nearly all 

of the submissions supported for the need for additional courts and were very supportive of the 

youth activities that have been coordinated by Kendall Tennis Club. 

From the submissions included in the attachment it is clear that there is not overwhelming 

community support for the construction of additional courts within the Kendall Pool Grounds. 


The proposal to develop multi-use courts within the Kendall Pool grounds is permissible under 

the RE1 - Public Recreation Zoning for this site as included in the draft Port Macquarie - 

Hastings Local Environment Plan 2010. 


Council has committed $100 000 to Kendall Tennis Club to allow for the installation of additional 

tennis courts in the area. This funding is provided on a dollar for dollar basis. 

Options 

On the basis of the submissions listed in the attachment Council can choose to support the 

installation of additional courts within the Kendall Pool grounds, or Council can choose not to 

support the proposal. 

PAGE 22


Social 


___________________________________________________________ 

Item 10 

Subject LAND ACQUISITIONS AND ROAD CLOSURES - 

PAPPINBARRA ROAD, PAPPINBARRA. 


___________________________________________________________ 

A report recommending the signature of a Deed of Clarification to amend a previously signed Deed 

of Acquisition. 


That pursuant to Section 377 of the Local Government Act 1993, the General 

Manager be delegated authority to sign the Deed of Clarification. 

Discussion 

In 2005, Council considered a report to acquire various private freehold land and close certain 

sections of Pappinbarra Road at Pappinbarra in order to rectify an anomaly between the road in 

use and that originally set aside for road purposes but not constructed. The realignment 

involved several properties and in due course the matter was completed. A copy of the October 

2005 report is linked here. 

At the time, Council's then solicitors drafted the Deeds of Acquisition, however in regard to the 

acquisition from 2064 Pappinbarra Road, the Deed transferred certain lands to the registered 

land owners whereas, the land should have been transferred to the land owners 

superannuation investment fund. The solicitor acting for the owners of 2064 Pappinbarra Road 

has now informed Council of the drafting error in the Deed and has provided a "Deed of 

Clarification" which will serve to rectify the error in the original Deed of Acquisition. 



Consultation 

There has been no consultation. 

PAGE 23


There are no planning and policy impacts 

Financial and Economic Implications 


There are no financial and economic implications on Council. 

Options 


1. Sign the Deed of Clarification 

2. Not sign the Deed of Clarification 

PAGE 24


Social 


___________________________________________________________ 

Item 11 

Subject LAND AND EASEMENT ACQUISITION - PART CROWN 

RESERVE 87617 - GORDON STREET, PORT MACQUARIE 


___________________________________________________________ 

A report to consider the acquisition of land and easements by Country Energy in association with 

the provision of electricity for the Coles development site in Gordon Street, Port Macquarie. 


1. That Council in its capacity as Trust Manager of the Kooloonbung Creek Reserve 

(R87617) Trust raise no objection to the acquisition by Country Energy of land and 

easements necessary to accommodate the padmount substation, electrical pillar 

box and underground power lines required to supply power to the Coles 

development site in Gordon Street, Port Macquarie. 

2. That consent be given to Country Energy and its contractors to enter upon the 

Kooloonbung Creek Reserve for the purposes of survey, design and construction of 

the padmount substation, electrical pillar box and underground power lines. 

3. That Council in its capacity as Trust Manager of the Kooloonbung Creek Reserve 

(R87617) Trust advise the Land and Property Management Authority that it requires 

the terms of the easement to be those as described at Schedule 4A, Part 8 of the 

Conveyancing Act 1919. 

4. That the Land and Property Management Authority be requested to place a caveat 

/restriction on the title to the acquired such land, such that no fence shall be 

permitted to be erected on the acquired land to separate it from the adjoining Crown 

Reserve. 

Discussion 

The development of the Coles site in Gordon Street, Port Macquarie will necessitate the 

augmentation of the electricity supply provided by County Energy. Design work by Country 

Energy indicates that a padmount substation and electrical pillar box will be required to provide 

adequate power to the Coles site. Underground power cables will be laid to the above ground 

structures (padmount substation and pillar box). Due to constraints on the Coles site, the 

padmount substation and pillar box will be located adjacent to the Coles site on Crown land 

being part of the Kooloonbung Creek Nature Reserve. 

Pursuant to the provisions of the Crown Lands Act 1989, Council has been appointed Trust 

Manager of the land. As such, the land owner, being the Land and Property Management 

Authority, requires the consent of the Trust Manager as part of its process in granting approval 

to Country Energy to acquire the land and easement. 

PAGE 25


Not applicable. 

Consultation 


There has been consultation with Country Energy's lawyer. 

As Council has water and sewer infrastructure in the immediate vicinity of the proposed 

electrical augmentation works, there has been consultation with Council's Infrastructure 

Services Division. The location of the padmount substation and pillar box has been designed 

having regard to the presence of Council's infrastructure. 


There are no planning and policy impacts. 

Financial and Economic Implications 

As Council is not the landowner, there is no compensation payable by Country Energy to 

Council for the acquisition of the land and easements. 

Options 


1. Raise no objection to the acquisitions by Country Energy 

2. Object to the acquisitions by Country Energy. 

PAGE 26


Social 


___________________________________________________________ 

Item 12 

Subject SALE OF A STRIP OF UNUSED COUNCIL LAND IN 

TELEGRAPH POINT CONTAINING A DISUSED WATER PIPE 


___________________________________________________________ 

To approve the sale of a strip of Council land in Telegraph Point containing a disused water 

pipeline to the adjoining owner. 


1. That Council agree to dispose of a strip of unused Council land in Telegraph 

Point as outlined in the report. 

2. That the transfer and associated documents for the sale of Council of land 

contained within Old Law System described as No 785 Book 3148 shown on DP's 

247587 and 554722 be signed and sealed by Council as required. 

Discussion 

Council is the owner of a narrow strip of land approximately 3 metres wide that runs through 

private and public property on the northern side of the Wilson River at Telegraph Point. The 

land also crosses Rollands Plains Road heading in an east/ west direction. Council's title to this 

land is contained in Old System Title No 785 Book 3148 as shown on DP's 247587 and 

554722. 

Within this strip of land is a disused 150mm cast iron water pipe. The pipeline serviced the 

water needs of the Telegraph Point Railway Station until the land was acquired by Council in 

April 1974 from the Railway Commissioners of New South Wales. 

The owner of property at 5 Red Hill Road, Telegraph Point Mr B J Weeks, has requested that 

Council consider selling him that part of the land containing the pipeline (approximately 3 

metres wide by 230 metres long) that bisects his property on the corner of Red Hill and 

Rollands Plains Roads, Telegraph Point (see plan attached and highlighted in red). He would 

then consolidate this strip of land with the title to his own land contained in Lot 3 DP 247587 

(outlined in green). 

PAGE 27


Council's Manager Water Supply Services has advised that there is no active water supply 

infrastructure and/or service within this strip of land. This water pipeline was replaced in the 

1980's with a new trunk main located along the road alingment. 

Council's valuer has provided a report indicating the market value of this strip of land is in the 

order of $8,500 plus GST. 

Mr Weeks has agreed to purchase the land at this figure, and meet all costs incurred by Council 

including valuation and legal fees plus Titles Office registration and plan costs. Council will not 

be responsible for any further costs associated with the pipeline following this sale. 


No effect in this regard. 

Consultation 

Consultation was held with Council's Water Supply Services Manager. 


No effect in this regard. 


There will be no cost to Council plus income will be as outlined in background details. 

Options 

The option is not to proceed with the proposal. 

PAGE 28


Governance 

Meeting Date: 16/02/2011 - Council Meeting 

___________________________________________________________ 

Item 13 

Subject STATUS OF OUTSTANDING REPORTS TO COUNCIL 

Director / GENERAL MANAGER: ANDREW ROACH 

___________________________________________________________ 

To advise on the status of reports. 


That the report be received and noted. 

Reports Outstanding 

Report 

Wall Reserve, North Haven - 

Management of Parkland 

(Item 13 - ORD 26/08/09) 

Upgrade of Port Macquarie Public 

Swimming Pool 

(Item 17 - ORD 17/02/10) 

Review the roundabouts at 

Lake/Jindalee Roads and 

Park/Bay Streets 

(Item 06.01 - ORD 24/11/10) 

North Shore Public Amenities 

Community Consultation Results 

(Item 08 - ORD 24/11/10) 

Rotary Park traffic issues 

community consultation results 

(Item 11 - ORD 24/11/10) 

Status 

Meeting with LPMA in 

November 2010 to clarify 

responsibility for reserve 

management. 

At the time of detailed 

design of traffic 

management issues. 

Reporting 

Officer 

Current 

Anticipated 

Date for 

Report 

INFRA March '11 



INFRA June '11 

INFRA 

TBA 

PAGE 29


Governance 


___________________________________________________________ 

Item 14 

Subject TENDER FOR SUPPLY & DELIVERY OF DOMESTIC WATER 

METERS (T51011MNC) 


___________________________________________________________ 

The purpose of this report is to advise Council of the results of a recent tender facilitated by 

Regional Procurement for the Supply & Delivery of Domestic Water Meters and to recommend a 

successful tenderer. 


1. That Council accept the tender from Elster Metering Pty Ltd for the supply & 

delivery of domestic water meters for the period 1 January 2011 to 31 December 

2012 with an option for a further 12 months. 

2. That approval be given for the execution of the necessary documents under 

Council seal. 

Discussion 

On behalf of Port Macquarie Hastings Council and other participating Mid North Coast Group 

(MIDGOC) 

Council members, Regional Procurement Initiative called a tender for the supply and delivery of 

Domestic 

Water Meters. 

This tender was first advertised on the 5th October 2010 and closed at 10.00am 2nd November 

2010. At 

the time of closing three (3) submissions were received; 

• Elster Metering Pty Ltd 

• Allflow Supply Pty Ltd 

• Actaris Pty Ltd 

An evaluation panel was formed which included people from the following; 

- Representative from Regional Procurement 

- Port Macquarie Hastings Council 

- Kempsey Shire Council 

- Coffs Harbour City Council 

- Bellingen Shire Council 

- Mid Coast Water 

PAGE 30


The panel met to evaluate submissions on 9th November 2010. It was discussed and agreed 

that all suppliers had completed all schedules as part of the Tender documentation and were 

considered conforming submissions and were assessed against the specific criteria. It was 

also noted that Elster was the only supplier able to provide pricing for all goods as part of this 

Tender. Sample water meters were provided as requested as part of this Tender. All meters 

were assessed against the specifications. The assessments demonstrated that the meters 

supplied by Elster represented the best option for Council. It should also be noted that Elster 

have provided domestic water meters to Council for many years and have provided good 

product & excellent service. 

Please refer to the attached confidential spreadsheet titled “Confidential – Tender Supply & 

Delivery of Domestic Water Meters Analysis” which details the final evaluation scores for the 

tenders as determined by the Evaluation Panel and lists the tender prices offered by each of the 

tenderers. 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. Local 



This report aligns with the focus area of “Governance” and in particular with Council’s core 

value of “Openness & Accountability”. The recommendations contained within this report 

reinforce and promote Council’s continued focus on processes that are transparent, 

accountable and able to withstand public scrutiny. 

This tender has been conducted in accordance with Section 55 of the Local Government Act 

1993 and the Local Government (General) Regulation 2005 Part 7. 

Consultation 

Consultation has taken place with the following Council staff: 

- Procurement Coordinator 

- Water Supply Manager 

- Services & Maintenance Coordinator 


Nil 


The costs associated with the supply & delivery of water meters are already factored into 

Councils annual budget. 

Options 

Council's Administrator can choose to either accept the recommendations of this report, or 

decline to accept same, in which case, Council would be required to re-tender for the supply of 

these goods. 

PAGE 31


Governance 


___________________________________________________________ 

Item 15 

Subject TENDER FOR SUPPLY & DELIVERY OF BULK CATIONIC 

RAPID SETTING (CRS) BITUMEN EMULSION (T41011MNC) 

Director TONY LEAHY 

___________________________________________________________ 

The purpose of this report is to advise Council of the results of a recent Tender facilitated by 

Regional Procurement for the Supply & Delivery of Bulk Cationic Rapid Setting Bitumen Emulsion 

and to recommend a successful Tenderer. 


1. That Council accept the Tender from Downer EDI Works for the Supply & 

Delivery of CRS Bitumen Emulsion for the period 1 January 2011 to 31 December 

2012 with an option for a further 12 months. 

2. That approval be given for the execution of the necessary documents under 

Council seal. 

Discussion 

On behalf of Port Macquarie Hastings Council and other participating Mid North Coast Group 

(MIDGOC) Council members, Regional Procurement Initiative called a tender for the Supply & 

Delivery of Bulk Cationic Rapid Setting Bitumen Emulsion. This Tender was first advertised on 

the 5th October 2010 and closed at 10.00am 2nd November 2010. At the time of closing three 

(3) submissions were received; 

- Boral 

- Fulton Hogan 

- Downer EDI 

An evaluation panel was formed which included people from the following; 

- Representative from Regional Procurement 

- Port Macquarie Hastings Council 

- Kempsey Shire Council 

- Coffs Harbour City Council 

- Bellingen Shire Council 

The panel met to evaluate submissions on 9th November 2010. It was discussed and agreed 

that all suppliers had completed all schedules as part of the Tender documentation and were 

considered conforming submissions and were assessed against the specific criteria. 

In the past Council has not had a Tender agreement in place for the supply of CRS Bitumen 

Emulsion however due to the value of orders it is now a requirement under Local Government 

Act 1993 – Section 55 to do so. 

PAGE 32


It was discussed and agreed that all submissions represented good value for money and 

wereranked very closely against all criteria, however when prices were compare for unit and 

delivery rateit was evident that the submission from Downer EDI represented the best value for 

money. 

Please refer to the attached confidential spreadsheet titled “Confidential – Tender Supply & 

Delivery of CRS Bitumen Emulsion Evaluation Analysis” which details the final evaluation 

scores for the tenders as determined by the Evaluation Panel and lists the tender prices offered 

by each of the tenderers. 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. Local Government Act 1993 – Section 10A(2(c)). 


This report aligns with the focus area of “Governance” and in particular with Council’s core 

value of “Openness & Accountability”. The recommendations contained within this report 

reinforce and promote Council’s continued focus on processes that are transparent, 

accountable and able to withstand public scrutiny. 

This tender has been conducted in accordance with Section 55 of the Local Government Act 

1993 and the Local Government (General) Regulation 2005 Part 7. 

Consultation 

Consultation has taken place with the following Council staff: 

- Procurement Coordinator 

- Infrastructure Operations Manager 

- Road Construction Coordinator 


Nil 


The costs associated with the supply & delivery of tyres are already factored into Councils 

annual budget. 

Options 

Council's Administrator can choose to either accept the recommendations of this report, or 

decline to accept same, in which case, Council would be required to re-tender for the supply of 

these goods. 

PAGE 33


Governance 


___________________________________________________________ 

Item 16 

Subject COMPLAINTS HANDLING REPORT 

Director LESLEY ATKINSON (CCD) 

___________________________________________________________ 


That the report be received. 

Discussion 

Council last considered the Complaints Handling statistics at the October Council meeting. It is 

the practice to report these statistics on a quarterly basis for Council's consideration. The 

following two reports relate to complaints received in the period October to December 2010. 

The first report is "Complaint Statistics December 2010 and summarises the complaints by 

category and indicates that a total of 28 complaints have been received and dealt with in the 

fourth quarter of 2010. There were two active complaints at the end of December with all but six 

of the 28 complaints finalised within 28 days. 

The second report provides brief details of each of the complaints, the action taken by Council 

in response to the complaints and whether the customer was satisfied with Council's Handling 

of the complaint. This report covers the reporting period October to December 2010. 

Of the complaints received in the October - December 2010 quarter, three customers were not 

satisfied with the outcome. One customer does not agree with Council's opinion regarding 

responsibility for a storm water flooding matter. The second customer who lodged a complaint 

against a staff member did not agree with Council's findings and the third customer was 

anonymous and unable to be contacted to ascertain their satisfaction. 

Consultation 

Consultation has taken place with the Director Community and Cultural Development in the 

writing of this report. 


Aligns with Council's Openness and Accountability Value and Governance Focus Area. 

PAGE 34



None as a result of this report. 


None as a result of this report. 

Options 

Council has the option of making its own determination in this matter. 

PAGE 35


Governance 


___________________________________________________________ 

Item 17 

Subject RECOGNITION OF COMPLIMENTS TO COUNCIL STAFF 

Director LESLEY ATKINSON (CCD) 

___________________________________________________________ 

To provide a summary of written compliments received in respect of staff for the months of 

October, November and December 2010. 


That the information be noted and Council's appreciation of the staff performance 

and efforts be recorded with thanks. 

Discussion 

Written compliments and favourable comments about staff members for the period October - 

December 2010 have been received and are attached below. 

A copy of the letters of compliment will be tabled at the Meeting. 

As a result of the "Recognition of Staff" policy, the following procedure was adopted: 

"1. A compliment/favourable comment made in respect to the actions/attitude/service 

provided by a staff member, shall be received in writing from a member of the 

public (or other Council employee) by the General Manager. 

2. The General Manager shall forward a copy to the staff member and the original to 

the relevant Divisional Director. 

3. The Divisional Director shall take action as deemed appropriate, in order to give 

due recognition of the contents of the compliment/favourable comment made by the 

member of public/staff member. 

4. The original letter of compliment/favourable comment shall then be placed on the 

personnel file of the relevant staff member." 

This procedure has been carried out in respect of the above staff. 

PAGE 36


Consultation 

Consultation has taken place with the relevant Directors. 


This report is in align with Council's "Governance" Focus Area and "Excellence in Service 

Delivery" Value: 


There are no planning and policy impacts. 


There are no financial and economic implications. 

Options 


PAGE 37


Governance 


___________________________________________________________ 

Item 18 

Subject QUARTERLY REVIEW OF THE 2010/11 CORPORATE PLAN 

AS AT 31 DECEMBER 2010 

Director / GENERAL MANAGER: ANDREW ROACH (GM) 

___________________________________________________________ 

To report to Council on the achievement of the Corporate Plan targets as at 31 December 2010. 



Discussion 

The second Quarterly Review of Council's 2010/11 Corporate Plan targets, has been 

completed. This review is part of Council's overall Corporate Plan monitoring process and the 

Review comments on key actions which had a target date of 31 December 2010. 

A copy of the Quarterly Review is attached, which shows targets for the 2010/11 year and 

progress to-date as at 31 December 2010: 

A selection of some of the objectives are listed below with a comment on progress: 

Strategic Urban and Rural Planning 

To provide a strategic planning framework for sustainable land use to accommodate projected 

growth over the next 25 years: 

Comment on Progress: Urban Growth Management Strategy adopted by Council in 

December 2010 for endorsement by the NSW Department of 

Planning. 

Community Development 

To deliver Council grants programs in line with Best Practice Principles 

Comment on Progress: Seniors Week Grants have been allocated and preparation is 

underway for seniors week. 

Cultural Development 

To enhance public environments through implementing a diverse range of quality public 

artworks 

Comment on Progress: One – Oxley Highway project with the RTA 

Tourism Services 

To build and convert destination awareness and demand in target markets 

Comment on Progress: There are (on average) 17,512 visits per month to the website. 

There has been a 3% increase month on month in visitation to the 

PAGE 38


website during the last quarter 

Business Enterprises 

To facilitate a range of high quality, safe & competitive air passenger transport servies at PMQ 

Airport as an important contributor to the economic development of the Greater PMQ Region 

Comment on Progress: 60,159 pax. recorded in Oct – Dec quarter (7.8% increase). 

Library Services 

To provide a range of library services to create an environment to inspire, educate, inform and 

entertain 

Comment on Progress: 

In the process of establishing a downloadable audio and eBook 

service 

Parks, Recreational and Sport Development Services 

To improve the administrative capacities of local sporting organisations 

Comment on Progress: Currently working with NSW Sport & Recreation regarding 2011 

workshop program. 

Transport Infrastructure Delivery 

To provide and maintain a safe transport network: 

Comment on Progress: Delivery of Capital Works Program inline with expected schedule 

and budgets. Major Innes Road upgrade complete, works 

continuing on Top Crossing and Citizens Bridge reconstructions, 

and on Lorne road rehabilitation 1.5Km west of Kendall village. 

Community Focus 

To engage with the community to ensure participation in Council decision-making: 

Comment on Progress: Initiated Community Reference Group – 252 members 

Ongoing engagement activities & evaluation 

Consultation 

Consultation has taken place with the General Manager, Divisional Directors and Managers in 

the preparation of this report. 


This report is in alignment with Council's Value of Openness and Accountability and the 

Governance Focus Area. 


This review is a major part of Council's Corporate Planning process. 


There are no financial or economic implications as a result of this report. 

Options 

Council can determine its own resolution in this matter. 

PAGE 39


Governance 


___________________________________________________________ 

Item 19 

Subject INDEPENDENT INVESTMENT ADVISORY SERVICES 


___________________________________________________________ 

To provide information and determine whether there is a need for Council to use an Independent 

Investment Advisor. 


1. That Council proceed with Option 1 as listed in this Report - that is to undertake 

a Request for Quotation process to seek interest from Advisory Sevice Providers. 

2. To continue with the current arrangements with Oakvale Capital on an interim 

basis. 

Discussion 

In July 2008 the Division of Local Government (DLG) issued a new Investment Order which 

inposed greater restrictions on the products NSW Council's were able to invest in. This in turn 

removed many of the complexities involved in making investment decisions and hence reduced 

the role of third party investment advisors. In May 2009 the DLG released draft Investment 

Policy Guidelines and then a year later, May 2010, the final document was released. Whilst the 

DLG Investment Guidelines make reference to the role of investment advisors, there is no 

requirement or legal obligation for Council to engage an advisor. 

In June 2008, Oakvale Capital Limited (Oakvale) was appointed as Council's Independent 

Investment Advisor. The main objective of this appointment was to maximise returns whilst 

managing the general level of risk associated with the investment of Council's funds. It was 

also in line with Council's core value of 'Openness & Accountability'. Council's contract with 

Oakvale concluded in June 2010 and, with advisory services continuing since then on a 

month-by-month basis. 

As this tender has now lapsed, is recommended that Council again 'test the market' by way of a 

Request for Quotation to provide investment advisory services to Council. 



Consultation 

The following consultation has occurred: 

General Manager 

Acting Director, Corporate and Business Services 

Council has also continued to maintain a relationship with investment providers, banks & credit 

PAGE 40


unions and has a trusted base of contacts to seek competitive rates directly. 


If adopted, Council's Investment Policy will need to be amended. 

There are no planning impacts. 


Council will save the fees currently paid for the advisory services. The monthly fee for Oakvale 

Capital Limited is $4,710 (ex GST). However should Council seek independent advice on a 

as-needs basis, this will normally be quoted at the time the request is made, however an 

indicative price would be approximately $400 per hour. 

Options 

• Council could opt to continue to use an Independent Investment Advisor, in which case a 

new Request for Quotation would need to be completed (the RFQ conducted in July 2010 is 

now outdated). 

• To provide the investment advisory service internally 

• To engage advisory services on a month-by-month basis. 

PAGE 41


Governance 


___________________________________________________________ 

Item 20 

Subject MONTHLY REVIEW OF FINANCIAL POSITION - JANUARY 

2011 


___________________________________________________________ 

Each month Council's budgets are reviewed by Managers and Directors and any required 

adjustments are reported. 


That the adjustments in the "Financial Implications" section of the report be 

adopted. 

Discussion 

The January monthly review forecasts a deficit for the 2010/11 financial year of $644,704. This 

is a deterioration of $98,733 over the November result. Included in the $98,733 however, is 

$32,627 from the Glasshouse business plan review. The January result is an improvement of 

$474,350 over the original budget. 

Commentary on Key Variance Items 

• This month's review includes funding for the appeal with Woolworths. 

• Council has sold a small parcel of land in Gordon Street and these funds have been used to 

offset the deficit. 

• A budget for the final payment to the LPMA for the transfer of the caravan parks has also 

been included this month. These funds are in reserve so there is a nil impact on the overall 

result. 

• Council has been notified of an error made by the NSW Rural Fire Service in the bushfire 

allocation for 2010/11. This has meant that Council will be required to allocate an additional 

$50,107 for our contribution to the NSW Rural Fire Fighting Fund. 

• Council has received notification of our approval under Round 3 of the RLCIP programme. 

$506,000 has been approved and these funds have been allocated to parks and recreation 

activities. 

• Various other grants and contributions have been received that need to be recognised along 

with the expenditure budget for these funds, the net impact of these variations is nil. 

Consultation 

Consultation in this matter has occurred across each division and section with input from the 

General Manager, Directors and Managers. 

PAGE 42



Nil 


Attached below for information are the following reports: 

1. Each individual change by division and program. 

2. Major Projects Report 

Responsible Accounting Officer Statement 

The budget defiict at the end of January stands at $645k. This deficit will need to be eliminated 

by the end of the financial year. Each budget manager will be required to review their budgets 

in the third and fouth quarters to identify operational savings or better than expected revenue 

streams. 

PAGE 43


Governance 


___________________________________________________________ 

Item 21 

Subject PURCHASE OF 14 TONNE EXCAVATOR 


___________________________________________________________ 


That Council accept the tender from Komatsu Australia P/L for the supply and 

delivery of one (1) Komatsu PC138SU-8 Excavator for$183,943.00 ex GST. 

Discussion 

Provision was made in the 2010/11 Plant Replacement Programme for the purchase of an 

additional 14 tonne excavator. This excavator will be used mainly for road construction and 

maintenance and forms a key part of Infrastructure’s strategy to improve Council's road system. 

Tenders were invited and ten (10) tenders were received, eight (8) tenders for the supply and 

delivery of the new excavator as specified and two (2) tenders for the supply of demonstration 

models which were not considered. 

A copy of the Schedule of Tenderers has been attached to this report for information. 

From the ten (10) tenders received a short list of four (4) were selected and invited to 

demonstrate their machines for appraisal. 

The four (4) machines demonstrated were: 

Komatsu PC138US-8 

Kobelco SK135SR-3 

JCB J21400 

Takeuchi TB1140 

All machines were given a comprehensive trial and all were considered acceptable for Council's 

operation with each offering different characteristics of advantages for Council's operations and 

some lacking in other areas of operational abilities. 

After full evaluation of the excavators, it was determined that the Komatsu PC138SU-8 offered 

by Komatsu Australia P/L was the preferred option due to it's operational functionality. 

In addition to the Komatsu excavator offering better performance, Council has been operating a 

similar Komatsu PC200-6 for seven (7) years in it’s landfill operations and have had no major 

mechanical problems and received exceptional back up service from Komatsu Australia P/L. 

The operators, mechanical staff and supervisors were very happy with the performance and 

new technology in the new machine and unanimously agreed that the Komatsu product was 

PAGE 44


best value for council. 


The purchase of this asset will ensure the ongoing operational improvements within the road 

construction and maintenance areas. 

Consultation 

There has been considerable consultation in the selection of this excavator between the: 

- Fleet Services Manager 

- Manager Infrastructure Operations 

- Plant Co-ordinator 

- Technical Officer - Construction 

- Mechanical Staff 

- Team Leaders 

- Operators 


The proposal outlined in the report supports the current policies of Council. 


Funding is available in Council's Plant Reserve for this purchase. 

Options 

The options available are either to adopt the recommendation or amend same. 

PAGE 45


Governance 


___________________________________________________________ 

Item 22 

Subject PURCHASE OF SKIDSTEER LOADER AND ATTACHMENTS 


___________________________________________________________ 


That Council accept the tender from All Diesel Equipment Sale & Service for the 

supply and delivery of one (1) Bobcat S330H-8 Skidsteer Loader for $138,883.00 ex 

GST. 

Discussion 

Provision was made in the 2010/11 Plant Replacement Programme for the purchase of an 

additional skidsteer loader, profiler and trailer. This skidsteer loader will be used mainly for 

road maintenance and forms a part of Infrastructure’s strategy to improve Council's road 

system. 

Tenders were invited and five (5) tenders were received for the supply and delivery of the new 

skidsteer loader and attachments mounted on a trailer. 


From the five (5) tenders received a short list of three (3) were selected and invited to 

demonstrate their machines for appraisal. Hitachi Construction Equipments P/L could not 

supply a machine for demonstration in the configuration Council had specified and withdrew 

their tender. Council allowed All Diesel Sales & Service, who had tendered two different 

models, to only supply one for demonstration as both machines were similar with a slight 

difference in Kw power. This left two machines to evaluate being Bobcat S650 and the Wacker 

Neuson 901SP model. Both machines were given a comprehensive trial using a road profiler 

and both were considered acceptable for Council's operation with each offering different 

characteristics and advantages. 

After full evaluation of the two skidsteer loaders demonstrated, it was decided that due to the 

better operational abilities, the Bobcat S330H offered by All Diesel Sales & Service was the 

preferred option. In particular the Bobcat machine offered a greater operational weight and 

stability when profiling bituminous services. This was considered to be a most important 

aspect of its function. 

The operators, mechanical staff and supervisors were very happy with the performance and 

new technology in the recommended machine and agreed that the Bobcat combination was 

best value for Council when considering all evaluation criteria. 

PAGE 46




maintenance areas. 

Consultation 

There has been considerable consultation in the selection of this skidsteer loader between the: 




- Technical Officer - Maintenance 

- Urban Road Maintenance Co-ordinator 



- Operators 




Funding is available in Council's Plant Reserve for this purchase. 

Options 

The options available are either to adopt the recommendation or amend the same. 

PAGE 47


Governance 


___________________________________________________________ 

Item 23 

Subject PURCHASE OF 2 BACKHOE LOADERS 


___________________________________________________________ 


That Council accept the tender from Hitachi Construction Machinery (Australia) P/L 

for the supply and delivery of two (2) John Deere JD315SJ Backhoe Loaders for 

$276,100.00 incl.GST and the supply of buckets and accessories for $22,136.00 incl. 

GST and the trade-in of three (3) Backhoe Loaders for $102,300.00 incl. GST. 

Net changeover to Council of $195,936.00. 

Discussion 

Provision was made in the 2010/11 Plant Replacement Programme for the replacement of two 

(2) of Council’s backhoe loaders that had reached their optimal economic life for replacement. 

Two of these backhoe loaders are used in the Infrastructure Division for road construction and 

maintenance. 

Tenders were invited and seven (7) tenders were received, five (5) tenders for the supply and 

delivery of the new backhoe loaders as specified and two (2) tenders for the purchase of 

Council’s trade-ins. 

Having reviewed all submissions and specifications of the various Backhoes, it was determined 

that the models from Hitachi Construction Machinery P/L and Volvo Australia be demonstrated 

for further evaluation. 

After evaluating the tenders received it was decided that the John Deers backhoe loaders 

offered by Hitachi Construction Machinery P/L offer exceptional value. Council has also 

operated a similar model for the past six (6) years and has been veryy happy with all facets of 

the machine. 

Council demonstrated the John Deere JD315SJ model with all operators, supervisors and 

mechanical staff who unanimously agreed on its operational suitability and value to Council. 




construction and maintenance areas. 

PAGE 48


Consultation 

There has been considerable consultation in the selection of this backhoe loader between the: 






- Operators 




Funding is available in Council's Plant Reserve for these replacements. 

Options 

The options available are either to adopt the recommendation or amend the same. 

PAGE 49


Governance 


___________________________________________________________ 

Item 24 

Subject INVESTMENTS - NOVEMBER 2010, DECEMBER 2010 & 

JANUARY 2011 

Director TONY LEAHY 

___________________________________________________________ 

Investment management performance for the months of November 2010, December 2010 & 

January 2011 



Discussion 

This report provides details of all funds that the Council has invested under Section 625 of the 

Local Government Act, for the periods of November 2010, December 2010 & January 2011. 

All investments were made in accordance with the Act, Regulations and Council's Investment 

Policy. 

Developments 

• Staff continue to monitor opportunities to switch to allowable alternate investments with a 

greater forecast investment return to maturity. 

• Council continues to follow a strategy of investing maturing & surplus funds into Term 

Deposit products. 

• Council's total investment portfolio performance: 

November 2010 - performed 0.12% above the benchmark (4.96% against 4.84%) 

December 2010 - performed 0.35% above the benchmark (5.35% against 5.00%) 

January 2011 - performed 0.44% above the benchmark (5.58% against 5.14%) 

• Accrued investment income: 

November 2010 - 70.59% above the year to date budget 

December 2010 - 85.27% above the year to date budget 

January 2011 - 100.34 above the year to date budget 

PAGE 50


Port Macquarie Hastings Council 

Investment Summary 

As at 30 Nov 2010 

Alternative Investment Group 

Investment Counter Rating Maturity 

Face value 

$ 

Current 

value $ 

Unrealised 

Gain / 

(Loss) 

% total 

current 

Date Last 

coupon 

Yield to 

Date 

(%pa) 

Comments 

Shield 21 Shield 21 CBA AA 28-Feb-11 1,000,000.00 1,199,160.00 199,160 1.5% n/a 2.76% Delever - CBA zero coup bond 

Longreach Series 7 Property Linked LCM A+ 06-Jul-11 1,000,000.00 970,300.00 (29,700) 1.2% 7/07/2008 3.83% Delever - UBS zero coup bond 

Longreach Series 12 Utilities Index LCM A+ 29-Sep-11 1,000,000.00 963,700.00 (36,300) 1.2% 29/09/2010 3.31% Capital protected, UBS 

Westpac Ethical Note WBC AA 05-Jul-12 1,000,000.00 929,290.00 (70,710) 1.2% 5/01/2009 3.84% Delever - Westpac zero coup bond 

Westpac Global Property Note WBC AA 17-Sep-12 1,000,000.00 905,490.00 (94,510) 1.1% 14/09/2008 1.83% Delever - Westpac zero coup bond 

Longreach Series 24 Regional Prope LCM A+ 13-Dec-12 3,000,000.00 2,661,300.00 (338,700) 3.4% 13/12/2007 1.63% Delever - Deutsche zero coup bond 

Westpac Focus Note WBC AA 20-Dec-12 1,000,000.00 911,390.00 (88,610) 1.2% 20/12/2008 2.64% Delever - Westpac zero coup bond 

Longreach Series 32 Strategic Partn LCM A+ 23-Nov-14 3,000,000.00 2,243,100.00 (756,900) 2.8% 2/06/2008 1.15% Delever - UBS zero coup bond 

Octagon Limited SeriesEmu FIIG AAA 30-Oct-15 1,000,000.00 757,100.00 (242,900) 1.0% 30/06/2008 2.79% Delever - IBRD zero coup bonds 

13,000,000 11,540,830 (1,459,170) 14.6% 

Current Account Investment Group 

Westpac Business Cash Reserve Westpac A-1+ At call 10,534,411 10,534,411.40 0 13.3% 4.8% 

10,534,411 10,534,411 0 13.3% 

Term Investment Group 


Face value 

$ 

Current 

value $ 

Unrealised 

Gain / 

(Loss) 

% total 

current 

Current 

Yield 

Credit Union Australia CUA A-2 04-Jan-11 5,000,000.00 5,025,367.95 25,368 6.3% 5.97% 

Elders Rural Bank Limited Elders A-2 25-Mar-11 1,000,000.00 1,050,104.15 50,104 1.3% 6.72% 

Members Equity Bank Melbourne ME A-2 15-Apr-11 1,000,000.00 1,043,727.45 43,727 1.3% 6.4% 

National Australia Bank Limited NAB A-1+ 08-Jun-11 5,000,000.00 5,092,988.31 92,988 6.4% 6.2% 

Suncorp Deposits and Transactions Suncorp A-1 21-Jul-11 5,000,000.00 5,150,875.40 150,875 6.5% 6.47% 

Bank of Queensland BoQ A-2 21-Jul-11 3,000,000.00 3,086,035.37 86,035 3.9% 6.35% 

Bank of Western Australia BWA A-1+ 21-Jul-11 2,000,000.00 2,057,314.55 57,315 2.6% 6.3% 

National Australia Bank Limited NAB A-1+ 08-Sep-11 5,000,000.00 5,105,582.75 105,583 6.4% 6.23% 


Bank of Queensland BoQ A-2 04-Nov-11 5,000,000.00 5,070,151.00 70,151 6.4% 6.4% 

National Australia Bank Limited NAB AA 08-Dec-11 5,000,000.00 5,120,418.93 120,419 6.5% 6.23% 

Suncorp Deposits and Transactions Suncorp A+ 23-Mar-12 1,000,000.00 1,069,009.57 69,010 1.3% 7% 

Elders Rural Bank Limited Elders BBB 26-Mar-12 2,000,000.00 2,146,287.52 146,288 2.7% 7.21% 

Suncorp Deposits and Transactions Suncorp A+ 18-Dec-12 1,000,000.00 1,110,335.56 110,336 1.4% 7.45% 

46,000,000 47,233,781 1,233,781 59.6% 

Credit Linked Note Investment Group 

Investment Custodian Rating Maturity 

Face value 

$ 

Current 

value $ 

Unrealised 

Gain / 

(Loss) 

% total 

current Rollover 

Current 

Yield 

Beech Trust Notes SerBeech WBC BBB+ 20-Dec-10 3,000,000.00 3,032,103.00 32,103 3.8% 6.29% 

Corsair (Cayman IslandTorquay ANZ D 20-Jun-13 1,548,821.44 7,442.09 (1,541,379) 0.0% 20-Dec-10 6.39% No secondary market 

Ethical CDO I Limited SeGreen ANZ CCC- 20-Mar-14 5,000,000.00 411,173.50 (4,588,827) 0.5% 20-Dec-10 5.74% No secondary market 

Helium Capital Limited SScarborough ANZ CCC- 23-Jun-14 965,596.59 2,371.31 (963,225) 0.0% 23-Dec-10 6.6333% No secondary market 

Aphex Pacific Capital LGlenelg ANZ CCC- 22-Dec-14 3,000,000.00 778,650.00 (2,221,350) 1.0% 22-Dec-10 6.53% No secondary market 

Zircon Finance Ltd SerMiami ANZ NR 20-Mar-17 3,000,000.00 34,260.00 (2,965,740) 0.0% 20-Dec-10 6.29% No secondary market 

Subtotal non-compliant 16,514,418 4,266,000 (12,248,418) 5.4% 

16,514,418 4,266,000 (12,248,418) 5.4% 

Floating Rate Note Investment Group 

Home Building Society Subordinated ANZ A-2 25-Jul-11 2,000,000.00 1,990,600.00 (9,400) 2.5% 5.7867% Aust Govt regulated ADI 

United Credit Union Ltd ANZ ADI 15-Nov-11 1,000,000.00 935,174.55 (64,825) 1.2% 7.2983% Aust Govt regulated ADI 

Mackay Permanent Building Socity S WBC ADI 21-Nov-11 1,000,000.00 922,080.00 (77,920) 1.2% 6.1% Aust Govt regulated ADI 

Holiday Coast Credit Union Limited S HCCU ADI 17-Apr-13 1,000,000.00 887,010.00 (112,990) 1.1% 8.49% Aust Govt regulated ADI 

Holiday Coast Credit Union Limited S HCCU ADI 17-Apr-13 500,000.00 443,505.00 (56,495) 0.6% 8.49% Aust Govt regulated ADI 

Holiday Coast Credit Union Limited S HCCU ADI 17-Apr-13 500,000.00 443,505.00 (56,495) 0.6% 8.49% Aust Govt regulated ADI 

6,000,000 5,621,875 (378,125) 7.1% 

92,048,829 79,196,897 (12,851,932) 100.0% 

PAGE 51




As at 31 Dec 2010 



Face value 

$ 

Current 

value $ 

Unrealised 

Gain / 

(Loss) 

% total 

current 

Date Last 

coupon 

Yield to 

Date (%pa) 

Comments 


Longreach Series 7 Property Linke LCM A+ 06-Jul-11 1,000,000.00 974,200.00 (25,800) 1.3% 7/07/2008 3.77% Delever - UBS zero coup bond 




Longreach Series 24 Regional Prop LCM A+ 13-Dec-12 3,000,000.00 2,694,600.00 (305,400) 3.6% 13/12/2007 1.60% Delever - Deutsche zero coup bond 


Longreach Series 32 Strategic Par LCM A+ 23-Nov-14 3,000,000.00 2,254,500.00 (745,500) 3.0% 2/06/2008 1.12% Delever - UBS zero coup bond 

Octagon Limited SeriesEmu FIIG AAA 30-Oct-15 1,000,000.00 756,100.00 (243,900) 1.0% 30/06/2008 2.75% Delever - IBRD zero coup bonds 

13,000,000 11,593,250 (1,406,750) 15.3% 



9,978,603 9,978,603 0 13.2% 



Face value 

$ 

Current 

value $ 

Unrealised 

Gain / 

(Loss) 

% total 

current 

Current 

Yield 

Credit Union Australia CUA A-2 04-Jan-11 5,000,000.00 5,046,441.57 46,442 6.7% 5.97% 




Suncorp Deposits and Transaction Suncorp A-1 21-Jul-11 5,000,000.00 5,173,248.72 173,249 6.8% 6.47% 






National Australia Bank Limited NAB A-1+ 08-Dec-11 5,000,000.00 5,139,170.63 139,171 6.8% 6.23% 

Suncorp Deposits and Transaction Suncorp A+ 23-Mar-12 1,000,000.00 1,072,750.83 72,751 1.4% 7% 

Elders Rural Bank Limited Elders BBB+ 26-Mar-12 2,000,000.00 2,153,777.84 153,778 2.8% 7.21% 

Suncorp Deposits and Transaction Suncorp A+ 18-Dec-12 1,000,000.00 1,038,332.06 38,332 1.4% 7.45% 

46,000,000 47,352,166 1,352,166 62.5% 



Face value 

$ 

Current 

value $ 

Unrealised 

Gain / 

(Loss) 

% total 

current 

Rollover 

Current 

Yield 

Corsair (Cayman IslandTorquay ANZ D 20-Jun-13 1,548,821.44 2,339.19 (1,546,482) 0.0% 21-Mar-11 6.6% No secondary market 

Ethical CDO I Limited S Green ANZ CCC- 20-Mar-14 5,000,000.00 378,169.00 (4,621,831) 0.5% 21-Mar-11 5.95% No secondary market 

Helium Capital Limited SScarboroug ANZ CCC- 23-Jun-14 965,596.59 731.53 (964,865) 0.0% 23-Mar-11 6.83% No secondary market 

Aphex Pacific Capital LGlenelg ANZ CCC- 22-Dec-14 3,000,000.00 763,380.00 (2,236,620) 1.0% 22-Mar-11 6.7017% No secondary market 

Zircon Finance Ltd SerMiami ANZ NR 20-Mar-17 3,000,000.00 14,760.00 (2,985,240) 0.0% 22-Mar-11 6.45% No secondary market 


13,514,418 1,159,380 (12,355,038) 1.5% 



Face value 

$ 

Current 

value $ 

Unrealised 

Gain / 

(Loss) 

% total 

current 

Current 

Yield 

Home Building Society Subordinate ANZ A-2 25-Jul-11 2,000,000.00 2,003,640.00 3,640 2.6% 5.7867% Aust Govt regulated ADI 


Mackay Permanent Building Socity WBC ADI 21-Nov-11 1,000,000.00 933,760.00 (66,240) 1.2% 6.1% Aust Govt regulated ADI 

Holiday Coast Credit Union Limited HCCU ADI 17-Apr-13 1,000,000.00 898,390.00 (101,610) 1.2% 8.49% Aust Govt regulated ADI 

Holiday Coast Credit Union Limited HCCU ADI 17-Apr-13 500,000.00 449,195.00 (50,805) 0.6% 8.49% Aust Govt regulated ADI 

Holiday Coast Credit Union Limited HCCU ADI 17-Apr-13 500,000.00 449,195.00 (50,805) 0.6% 8.49% Aust Govt regulated ADI 

6,000,000 5,681,209 (318,791) 7.5% 

88,493,021 75,764,607 (12,728,414) 100.0% 

PAGE 52




As at 31 Jan 2011 



Face value 

$ 

Current 

value $ 

Unrealised 

Gain / 

(Loss) 

% total 

current 

Date Last 

coupon 

Yield to 

Date (%pa) 

Comments 


Longreach Series 7 Property Linked Note LCM A+ 06-Jul-11 1,000,000.00 978,700.00 (21,300) 1.4% 7/07/2008 3.71% Delever - UBS zero coup bond 




Longreach Series 24 Regional Property N LCM A+ 13-Dec-12 3,000,000.00 2,702,700.00 (297,300) 3.8% 13/12/2007 1.57% Delever - Deutsche zero coup bond 


Longreach Series 32 Strategic Partnersh LCM A+ 23-Nov-14 3,000,000.00 2,286,600.00 (713,400) 3.2% 2/06/2008 1.09% Delever - UBS zero coup bond 

Octagon Limited Series 200 Emu FIIG AAA 30-Oct-15 1,000,000.00 765,500.00 (234,500) 1.1% 30/06/2008 2.70% Delever - IBRD zero coup bonds 

13,000,000 11,668,530 (1,331,470) 16.3% 



10,677,258 10,677,258 0 14.9% 



Face value 

$ 

Current 

value $ 

Unrealised 

Gain / 

(Loss) 

% total 

current 

Current 

Yield 




Suncorp Deposits and Transactions Prod Suncorp A-1 21-Jul-11 5,000,000.00 5,199,828.70 199,829 7.2% 6.47% 






National Australia Bank Limited NAB A-1+ 08-Dec-11 5,000,000.00 5,167,347.44 167,347 7.2% 6.23% 

Suncorp Deposits and Transactions Prod Suncorp A+ 23-Mar-12 1,000,000.00 1,079,323.74 79,324 1.5% 7% 

Elders Rural Bank Limited Elders BBB+ 26-Mar-12 2,000,000.00 2,167,005.45 167,005 3.0% 7.21% 

Suncorp Deposits and Transactions Prod Suncorp A+ 18-Dec-12 1,000,000.00 1,046,181.17 46,181 1.5% 7.45% 

41,000,000 42,532,652 1,532,652 59.3% 



Face value 

$ 

Current 

value $ 

Unrealised 

Gain / 

(Loss) 

% total 

current 

Rollover 

Current 

Yield 

Corsair (Cayman IslandsI) NTorquay ANZ D 20-Jun-13 1,548,821.44 3,643.29 (1,545,178) 0.0% 21-Mar-11 6.6% No secondary market 

Ethical CDO I Limited Series Green ANZ CCC- 20-Mar-14 5,000,000.00 408,597.50 (4,591,403) 0.6% 21-Mar-11 5.95% No secondary market 

Helium Capital Limited SeriesScarboroug ANZ CCC- 23-Jun-14 965,596.59 1,153.01 (964,444) 0.0% 23-Mar-11 6.83% No secondary market 

Aphex Pacific Capital Ltd SeGlenelg ANZ CCC- 22-Dec-14 3,000,000.00 790,500.00 (2,209,500) 1.1% 22-Mar-11 6.7017% No secondary market 

Zircon Finance Ltd Series 2Miami ANZ NR 20-Mar-17 3,000,000.00 20,910.00 (2,979,090) 0.0% 22-Mar-11 6.45% No secondary market 


13,514,418 1,224,804 (12,289,614) 1.7% 



Face value 

$ 

Current 

value $ 

Unrealised 

Gain / 

(Loss) 

% total 

current 

Current 

Yield 

Home Building Society Subordinated Deb ANZ A-2 25-Jul-11 2,000,000.00 1,987,260.00 (12,740) 2.8% 5.9667% Aust Govt regulated ADI 


Mackay Permanent Building Socity Subor WBC ADI 21-Nov-11 1,000,000.00 945,520.00 (54,480) 1.3% 6.1% Aust Govt regulated ADI 

Holiday Coast Credit Union Limited Subor HCCU ADI 17-Apr-13 1,000,000.00 888,140.00 (111,860) 1.2% 8.72% Aust Govt regulated ADI 

Holiday Coast Credit Union Limited Subor HCCU ADI 17-Apr-13 500,000.00 444,070.00 (55,930) 0.6% 8.72% Aust Govt regulated ADI 

Holiday Coast Credit Union Limited Subor HCCU ADI 17-Apr-13 500,000.00 444,070.00 (55,930) 0.6% 8.72% Aust Govt regulated ADI 

6,000,000 5,668,009 (331,991) 7.9% 

84,191,676 71,771,253 (12,420,423) 100.0% 

PAGE 53


• Other Issues 

'Current value $' in the table above is the estimate of current realisable value for the investment 

as provided by Oakvale Capital. It should be noted that this is not necessarily the amount that is 

expected to be received from the investment. 

All CDO investments are now outside of legislative and policy guidelines which technically 

requires remedy. These CDO's are unlikely to make maturity but given there is effectively no 

secondary market for these investments the opportunities to exit them are limited. 

As reported previously a number of ALN's have been deleveraged meaning no further coupons 

will be received. Invested capital for those products has reverted to underlying zero coupon 

bonds (low risk instruments with highly rated institutions). 

Investment Portfolio Summary (Oakvale Capital Limited) 

Council’s investment portfolio posted a marked to market return in January of 7.95% p.a. This 

was 2.79% p.a. above the bank bill index benchmark return of 5.16% p.a. Outperformance was 

driven by the high-yielding term deposits purchased in recent months (all of which are yielding 

over 6.20%), as well as a decline in long term swap rates, which assisted the price of the zero 

coupon bonds. For the financial year to date ending December, Council’s investment portfolio 

return has exceeded the bank bill index benchmark by 2.77%pa (7.74%pa vs 4.97%pa). (nb 

Oakvale use a different measurement approach to Council) 

Without marked-to-market influences, Council’s investment portfolio currently has an overall 

yield of 5.30%pa. This is based on the interest rates due on existing investments and excludes 

the underlying changes to the market value of the securities/deposits. 

Global issues: 

• Political and civilian unrest in Egypt has helped push oil prices to 2 year highs. 

• The UK economy is facing the prospect of stagflation as the economy shrank by 0.5% in Q4 

2010 and inflation hit 3.7%. 

• Portugal managed to issue 10 year debt at below 7% during January, but many experts 

anticipate a bail out will be required given Portugal’s lacklustre economy. 

• Japan’s credit rating was cut to AA- by Standard and Poor’s on concerns that the country 

lacked a ‘coherent strategy’ to tackle its government debt. 

Domestic issues: 

• The recent floods in Queensland are expected to detract from growth in the early part of 

2011. However, rebuilding for homes and infrastructure will provide a boost to growth in late 

2011 and early 2012. 

• Underlying inflation was lower than expected at 2.25% year on year, the lowest result in a 

decade. 

Interest rates: 

• At its February meeting, the RBA left the cash rate unchanged at 4.75%. Most economists 

do not anticipate any rate increases until the 2nd half of 2011. 

PAGE 54



Interest earned on investments is applied towards the provision of infrastructure in accordance 

with Council's objectives. 

Consultation 

In order to remain as informed as possible and to stay abreast of market changes, there are a 

number of different sources Council uses for reference, they are listed below. 

• Consultation takes place with the following institutions regarding market outlook and the 

status of Council's current investments : 

Oakvale Capital 

ANZ 

Westpac Banking Corporation 

FIIG Securities 

• Economic Commentary is also referred to from the following: 

Financial Press (eg. Financial Review) 

Macquarie Research Economics 

St George 

FIIG Securities 

BankWest 

CBA 

TCorp 

HSBC 

Newcastle Permanent 

Westpac Banking Corporation 




Details of Investment Income Performance (Year to Date): 

PAGE 55


Summary of Actual Interest for November 2010 

Total Budget Budget YTD Accrued Revenue YTD 

$1,611,000 $675,296 $1,812,438 

Summary of Actual Interest for December 2010 


$1,611,000 $812,121 $2,185,872 

Summary of Actual Interest for January 2011 


$1,611,000 $948,945 $2,565,446 

Options 

This is an information report. 

PAGE 56


Environment 

Meeting Date: 16/02/2011 - Environment 

___________________________________________________________ 

Item 25 

Subject DOGS IN PUBLIC OPEN SPACES POLICY 

Director MATT ROGERS (DES) 

___________________________________________________________ 

At Council's Ordinary Council Meeting of 28/4/2010 Council resolved to review all current policies 

in relation to dogs in public places, facilities and conditions in conjunction with a public 

consultation process. That the review is to be completed and placed on public exhibition by 

October 2010. This report presents the results of the review. 


1. That Council place the proposed policy "Dogs in Public Open Spaces"on public 

exhibition for comment for a period of 28 days, with any proposed changes being 

reported back to Council. 

2. That in addition to existing leash-free dog exercise areas on nominated beaches, 

Council consider the establishment of three (3) leash-free parks, one in each of the 

major residential areas namely Port Macquarie, Camden Haven and Wauchope. 

3. That leash-free area options be subject to a community engagement process in 

association with the exhibition of the draft Dogs in Public Open Spaces Policy. 

Discussion 

In accordance with the resolutions from the Ordinary Council Meeting of 28 April 2010, a full 

review of Council's dog policies has been undertaken and incorporated into one consolidated 

policy. An internal Working Party and a public engagement process informed the draft policy 

which caters for the exercising of dogs on beaches and in other public open spaces. 

This report makes several recommended changes to the existing Dogs on Beaches Policy, 

together with the proposal to establish additional off-leash exercise areas within Council's public 

reserve network. 

The draft Policy is attached below. 

An important part of Council's approach to dogs and public open spaces will be the 

identification and establishment of leash-free parks in suitable locations across the Local 

Government area. It is suggested that at least one leash-free area in a park/reserve in each of 

the major urban areas, Wauchope, Camden Haven and Port Macquarie, be considered. Staff 

have carried out a site evaluation process in this respect and have identified a number of 

options and costs associated with the necessary establishment works. 

PAGE 57

Site evaluation breakdown as follows: 

Port Macquarie 


1) The Boom Reserve - The proposed site is community land classified as park land and is 

currently under utilised. The area is partially covered in appropriate shade trees which could be 

incorporated into the site therefore saving on the cost to provide shade. There is appropriate 

access to the site which would only require the construction of a formalised footpath. Car 

parking would be on-street only with sufficient available spaces. Minimal preparation works 

would be required with the area already well grassed and level. Construction of a toilet block 

would be required. The area is bounded by residential blocks and this would need to be 

considered as part of the site selection process. 

2) John Fraser Place - This site is the smallest of the proposed Port Macquarie sites and 

measures 3,600m2. It is located on the corner of Lake Road and John Fraser Place. The land 

is classified as vacant operational land and is currently maintained by Council. There is a small 

amount of natural shade which will be maintained as part of the proposed park. No toilet or car 

parking facilities are present and would need to be constructed. Water and Sewer connections 

are close by. The area is bounded by residential properties to the north and east with the 

current Council Companion Animals Impounding Facility immediately to the south. The close 

proximity to a main arterial road (Lake Rd) would need to be considered. 

3) Tuffins Lane - The site is privately owned and is leased to Council for the next twenty (20) 

years. This site is located to the west of the existing sporting fields and has no current use. 

There is no natural shade at the site and would therefore require some artificial shade erected. 

There are a number of benefits to this site. Firstly there is existing access and car parking 

available. Toilet facilities and water is already located in close proximity to the proposed site 

which is reflected in the costing analysis. There are no residential properties in the immediate 

area which could be impacted. In addition Council has been approached by the local dog 

obedience club to investigate the possibilities of establishing a shared facility at this location. 

This would mean that some funding from the Club may be forthcoming which would 

substantially minimise the burden on Council to fund the entire project. This would need to be 

discussed further should this area be a preferred site. 

Wauchope 

1) Wilbur Trotter Reserve - This site was originally purchased by Council for sporting fields. 

However the development of these facilities is a long term project for Council. This site is 

currently used under a livestock agistment agreement. This agreement is in force until 2014. 

The proposed 6,500m2 site could be offset by allowing access to Council's existing livestock 

pound located adjacent to the land. No natural shade is available on site and would therefore 

require artificial shade to be erected. Existing access to the proposed site off Princess Avenue 

would need to be formalise and an on-site carpark constructed. A toilet block would also be 

required with water being piped from Princess Avenue. Significant impact on residential 

properties is considered unlikely. This is the closest proposed site to the Wauchope township. 

PAGE 58


2) Old Wauchope Landfill - This site is currently vacant and was once part of the Wauchope 

Landfill site. The site has some natural shade which would be incorporated into the proposed 

site. Satisfactory access exists off the Oxley Highway but construction of a formalised carpark 

would be required. A toilet block would also be required to be erected and with no sewerage 

facilities in close proximity it would need to be septic/pump out operation. This in turn would 

see an increase in the yearly maintenance costs. There is a requirement for a minor amount of 

vegetation removal mainly undergrowth. Significant impact on residential properties is 

considered unlikely. Site is located some 3 kilometres east of the Wauchope CBD. 

3) Narran Close Reserve - This is community land and classified as park. The site is located in 

the King Creek precinct some 5 kilometres southeast of the Wauchope CBD. The location is 

adjacent to the King Creek rural fire service station on the Narran Close Reserve. The reserve 

is the subject to a current upgrade and beautification program. As part of these works, on 

street parking, a toilet block and children's playground is to be established. With these works 

already approved and funded, placing a dog leash-free park in the same location is financially 

beneficial. Artificial shade would need to be provided with an access pathway constructed from 

the on-street parking area to the park. The proposed site is relatively level and would only 

require minimal top dressing to establish. There are only a couple of rural residents in close 

proximity to the proposed park and therefore the proposal would be unlikely to have a 

significant impact on residents. Distance from the residential district of Wauchope would need 

to be considered. 

4) Bago Road - This site is located directly to the North of the Wauchope Council Works Depot. 

The area is vegetated and would require clearing works to establish the park. It is also sloped 

and would require earthworks to make the site suitable. Toilets and car parking would require 

construction. The area is bounded by the Wauchope Industrial area and therefore no 

residential properties would be effected by the proposal. Access to the proposed site would be 

via Depot Road which is partially constructed and would require an extension to the existing 

roadway. The site would need to be fully turfed and this is reflected in the estimated costings. 

This site would be the most expensive to establish. 

Camden Haven - 

1) Henry Kendall Reserve - This site is Crown Land for which Council is appointed as the 

trustee manager. The site was first identified in 2003 as a potentially suitable area. As part of a 

noxious weed reduction program in 2004 the site was cleared and has been somewhat 

maintained since. It is situated on Crown Land adjacent to the access road to the Camden 

Haven River. There are no residential properties within the immediate facility and therefore no 

impact would be anticipated. The site is in close proximity to existing toilet facilities with water 

connections nearby. The proposed area would encompass some natural shade trees 

minimising the requirement for artificial shade. A carpark would need to be formalised to 

service to site. Some minor top dressing and landscaping would be required. The area is 

central to the Camden Haven district and would service both Laurieton and areas to the West. 

PAGE 59


2) Laurie Street Reserve - This site is Crown Land for which Council is appointed as the trustee 

manager. The site is the smallest of the proposed sites and would only allow for a total area of 

3,800m2. Whilst this is considered adequate it is not ideal. It is located directly to the south of 

the Laurieton Pool and adjoins the current Camden Haven River walk. No natural shade is 

available and a toilet block would need to be constructed. On street parking is available but 

would require formalising. There would also be some minor vegetation removal required. The 

area is bounded by the Camden Haven River to the east and residential properties to the west. 

Some impact on these residential properties would need to be considered. 

3) Stace Reserve - This site is Crown Land for which Council is appointed as the trustee 

manager. The proposed site is located directly to the west of the Laurieton Fisherman 

Co-operative. The site is bounded on the west by residential properties. The proposed area 

would encompass a number of existing shade trees minimising the requirement for major 

beautification works and landscaping. The area is already fully turfed and maintained by 

Council. Satisfactory access is existing and would only require a short formalised footpath to 

be constructed. On-street parking is available but would require formalising. No toilet facilities 

exist and would need to be constructed. Water facilities are close by. This site is mainly level 

but does slope toward the south of the block but would not require any earthworks. Some 

impact on residential properties to be considered. 

Cost Analysis: 

A site/cost analysis on each site is shown in the following spreadsheet: 

It is proposed that the potential leash-free area options be the subject of further community 

engagement. 


This proposal aligns with the Council's strategies on community engagement and its Social and 

Environment Focus Areas. 

PAGE 60


Consultation 

A copy of Project working parties Consultation Strategy is attached. This outlines the basic 

strategy for the development of the new policy and selection process for determining suitable 

areas for off-leash parks. 

A series of additional community engagement activities have been planned for the period that 

the 

draft policy is on public exhibition in order to obtain community feedback on the policy and the 

leash-free site options. These activities include: 

• Promotion of the exhibition through free media including newspapers, television and 

radio. 

• Advertising in "Council Matters" local newspaper page, on local radio and on the Council 

Website 

• Promotion to the Community Reference Group 

• Targeted advertising with veterinary clinics and other stakeholders 

• On-line survey to obtain quantitative data on preferred sites 

Internal consultation was carried via a Working Party made up of: 

• Senior Ranger, Ian Chetcuti 

• Manager, Development & Environmental Compliance, Tim Atherton 

• Manager, Recreation & Building, Liam Bulley 

• Communications Co-ordinator, Lyndal Harper 

Initial community engagement to guide the development of the draft policy was based around a 

survey and information on Council's interactive web portal, PMHC Listening. 

A breakdown of the initial community engagement results is attached along with a summary of 

the comments received. 

It is proposed to exhibit the new draft Policy and proposed leash-free areas for a period of 

28 days. 


The development of the new policy will require additional planning in relation to the allocation of 

appropriate reserve areas for the establishment of leash-free areas. 

The new policy would replace the existing "Dogs on Beaches" policy. 

PAGE 61



The draft Policy identifies the need to establish additional leash-free areas on parks/reserves 

across the Local Government area. The staged establishment of three (3) leash-free parks, one 

in each of the three major residential areas, Port Macquarie, Wauchope and Camden Haven 

comes with a cost. The estimated establishment costs for each leash-free area is shown detail 

in the spreadsheet attached above and varies according to the works required. It shows an 

estimated cost variation between $54,500 and $145,500 depending upon site 

constraints/opportunities with an annual maintenance allocation required between $7,000 and 

$8,500. 

It is anticipated that Council would need to consider the allocation of funding from retained 

Companion Animals Registration fee revenue and possible grant funds. 

Options 

1. Accept the proposal to place the new policy and leash-free area options on public 

exhibition for comment for the period recommended. 

2. Reject, or modify the proposed introduction and public exhibition of the new Dogs in Open 

Spaces Policy and leash-free area options. 

PAGE 62


Environment 


___________________________________________________________ 

Item 26 

Subject FUNDING OFFERS FOR NATURAL RESOURCE 

MANAGEMENT 


___________________________________________________________ 

This report details a total of 5 funding offers from the Northern Rivers Catchment Management 

Authority and the Environmental Trust. 


That Council accept 4 grant offers of $90,000, $20,000, $30,000 and $25,000 from 

the Northern Rivers Catchment Management Authority and a grant offer of $100,000 

from the Environmental Trust and that the budget be adjusted to reflect these 

grants. 

Discussion 

Port Macquarie - Hastings Council has been successful in biding for 4 grant offers from the 

NRCMA and 1 grant offer from the Environmental Trust. The following table outlines the grant 

offers. 

Grant Offer Amount (GST ex) Works Location 

NRCMA -Bitou Bush 

TAP 

$ 25,000 Control of Bitou Bush 

and other invasive 

weed 

Grants head, Googleys 

Lagoon, Tacking Point, 

Shelly Beach 

NRCMA - Incentive Bid $90,000 

Littoral Rainforest 

Regeneration 

Lake Cathie, Port 

Macquarie. 

NRCMA - Weed $30,000 development of 20 LGA - wide 

Control Plans 

weed control plans 

NRCMA - EcoHealth $20,000 Riparian Ecological LGA - wide 

Health Assessment 

Environmental Trust $100,000 Bush Regeneration 

Works - Littoral 

Rainforest 

TOTAL $265,000 


Coastal strip from 

Shelly Beach to Town 

Beach 

Acceptance of these grant offers and implementation of these bush regeneration works are 

consistent with Council's Strategic Direction and in particular with the Environment Focus Area. 

The proposal has direct links with Council's sustainability values by addressing issues of 

biodiversity and coastal ecosystem restoration. 

PAGE 63


Consultation 





These grant offers supplements Council 2010-2011 budget for Environmental Services. These 

grants were applied for in an open competitive application process and have been secured on 

the basis of proposed contributions which have been provided for in the 2010-2011 budget. 

Options 

Council could choose to not accept these offers. Declining these funds would limit the 

effectiveness of Council's service delivery on the management of public bushland areas. 

PAGE 64


Environment 


___________________________________________________________ 

Item 27 

Subject DELEGATIONS UNDER THE ENVIRONMENTAL PLANNING 

& ASSESSMENT ACT 1979 


___________________________________________________________ 

This report proposes delegation to the General Manager certain functions of the Northern Joint 

Regional Planning Panel following a review of the operation of the Panels by the Department of 

Planning. 


That Council delegate to the General Manager the functions of the Northern Joint 

Regional Planning Panel as specified in the Instrument of Delegation attached to 

this report and dated 3 December 2010. 

Discussion 

Following a recent review of the operation of the Joint Regional Planning Panels (JRPP), the 

Department of Planning advised that the Minister and Chair of the Northern Joint Regional 

Planning Panel had delegated to Council certain functions of the JRPP. The attached 

correspondence outlines the nature and extent of functions delegated to Council. 

The delegations are aimed at streamlining the determination processes for development 

applications subject to SEPP (Major Development) 2006 and are supported by staff. 


The proposed delegation is in alignment with strategic direction and is a routine governance 

matter. 

Consultation 

Consultation has occurred with the Department of Planning, the Chair of the Northern JRPP 

and with the General Manager. 

PAGE 65



The proposal will have no planning impact and is consistent with the normal delegation of 

planning powers by the Council to staff. 



Options 

Council could opt not to delegate the functions of the JRPP as canvassed by this report. 

However, this option would be contrary to the spirit and intent of the delegation and would not 

achieve the planning process efficiencies sought. 

PAGE 66


Environment 


___________________________________________________________ 

Item 28 

Subject DRAFT DEVELOPMENT CONTROL PLAN 2010 


___________________________________________________________ 

Council exhibited a draft Development Control Plan for the Port Macquarie-Hastings local 

government area in March 2010 in conjunction with the draft Standard LEP for the Port 

Macquarie-Hastings. Fourteen (14) submissions were received and a report will be presented to 

Council regarding these submissions in approximately 2-3 months time. 

In the interim, it is proposed that Council re-exhibit additional draft DCP provisions on a number of 

issues and revised draft DCP provisions on environmental buffers, for review and inclusion in the 

final draft DCP to be reported to Council. 

The additional provisions relate to Tree Management, Outdoor Dining and Roof Terraces and the 

revised provisions relate to Environmental Management Areas and Buffers and Hollow Bearing 

Trees. It is proposed that Council publically exhibit these draft provisions for a period of 28 days 

in accordance with the requirements of the Environmental Planning & Assessment Regulation. A 

final draft DCP will then be prepared and reported to Council for adoption. 


That Council: 

1. Exhibit the attached draft DCP provisions relating to tree management, outdoor 

dining and roof terraces in accordance with c18 of the Environmental Planning and 

Assessment Regulation 2000. 

2. Re-exhibit the environmental management areas and buffers and hollow bearing 

trees section of the draft DCP. 

3. Prepare the draft final DCP that considers any additional submissions on the 

attached provisions and report to Council with the draft final DCP for adoption. 

Discussion 

Council is required to prepare and adopt a development control plan that is consistent with the 

Standard Instrument (Local Environmental Plan) Order 2006. Council exhibited its draft DCP in 

2010. Since that time Council has prepared draft DCP provisions for; 

• Outdoor dining; 

• Tree management; and 

• Roof Terraces; 

that can be incorporated into the draft DCP before its adoption. 

PAGE 67


Outdoor dining 

The outdoor dining provisions encourage the activation of public space and protect the 

movement of pedestrians through these areas. The provisions require the applicant to prepare 

a risk assessment where conflict between diners and vehicles may occur. 

Tree management 

Council's draft Standard Instrument Local Environmental Plan includes clause 5.9 - 

Preservation of trees or vegetation. It references a DCP list of 'species or kinds of trees or 

other vegetation' to which that clause applies. 

The tree management provisions fulfil this requirement. 

Roof terraces 

The SEPP (Exempt and Complying Development Codes) 2008 excludes roof terraces from the 

exempt and complying provisions and therefore requires development consent. 

Provisions have been drafted to assess any application for a roof terrace. 

Environmental Management Areas and Buffers 

The development provisions relating to environmental management areas, buffers and hollow 

bearing trees that were exhibited were based largely on the existing provisions in the Area 13 

Development Control Plan. Since the draft DCP was prepared, Council has had cause to 

re-examine those provisions and with the assistance of specialist ecological input has made 

refinements to these. 


The DCP is part of the Council's regulatory control for development. The DCP is generally 

consistent with the Urban Growth Management Strategy. 

The DCP is part of a suite of instruments to achieve the objectives of Council's Local 

Environment Plan and manage development in the Port Macquarie-Hastings. 

Consultation 

The purpose of this report is to seek approval to commence exhibition of the new and revised 

provisions discussed above. The results of that consultation will be reported to Council as part 

of the draft final DCP. 

Council's refinement of the environmental management areas and buffers and hollow bearing 

tree provisions was undertaken in consultation with ecological specialists. 

Council has met with the Hastings Construction Industry Association to discuss aspects of the 

DCP and the provisions therein. 


The DCP provisions are based on sound planning practice and will encourage better planning 

outcomes in the LGA. 

PAGE 68



Options 


Council could opt not to exhibit the draft DCP. It is recommended that the exhibition commence 

as a priority to minimise delays in the establishment of a revised DCP for the Port 

Macquarie-Hastings LGA. 

PAGE 69


Environment 


___________________________________________________________ 

Item 29 

Subject WARLTERS STREET BUSINESS LANDS - LOCAL 

ENVIRONMENTAL STUDY AND DRAFT LOCAL ENVIRONMENTAL 

PLAN 

Director MATT ROGERS 

___________________________________________________________ 

At the Ordinary Council meeting held on 25 August 2010, Council resolved to forward the draft 

PMH (Warlters Street Commercial Lands) Local Environmental Plan 2010 (LEP), supporting Local 

Environmental Study (LES) and draft Voluntary Planning Agreement (VPA) to the Department of 

Planning to request authorisation to place the proposal on public exhibition. 

The draft LEP, LES and draft VPA were publicly exhibited for 28-days during November and 

December 2010 and a total of eleven (11) submissions were received. Subsequent to the 

exhibition, a Public Hearing was held on 16 December 2010 in relation to the reclassification of 

the Council-owned park as part of the draft LEP process. A total of four (4) interested persons 

attended the Public Hearing which was chaired by an independent person in accordance with 

legislative requirements. 

Following a review of the submissions and Public Hearing Report it is considered that no changes 

to the LES, draft LEP and or draft VPA are required before progressing the proposal to the 

Department of Planning, with exception of a small number of minor corrections to the LES and 

draft LEP as described in this report. 

It is recommended that Council endorse the draft PMH (Warlters Street Commercial Lands) LEP 

which represents the culmination of considerable strategic planning work over the last seven (7) 

years and will result in rezoning of land in accordance with the design principles and strategies of 

the Settlement City Precinct Structure Plan and recommendations of the recently adopted PMH 

UGMS 2010. 

It is recommended that the draft LEP be forwarded to the Department of Planning for finalisation. 


1. In accordance with section 59(2)(a) of the Environmental Planning and 

Assessment Act 1979, Council forward the draft Port Macquarie-Hastings (Warlters 

Street Commercial Lands) Local Environmental Plan 2011 to the Department of 

Planning for finalisation. 

2. In accordance with the recommendations of the Warlters Street Commercial 

Lands Local Environmental Study, Council immediately undertake the planting of a 

minimum of four (4) to six (6) Tallowood trees within open space areas to the west 

of that area that will remain following realignment of Bay Street in accordance with 

the Settlement City Precinct Structure Plan. 

PAGE 70


Discussion 

Further to the report considered at the August 2010 meeting of Council, the draft PMH (Warlters 

Street Commercial Lands) Local Environmental Plan (LEP), Warlters Street Commercial lands 

Local Environmental Study (LES) and draft Warlters Street Planning Agreement were placed on 

public exhibition for a statutory 28-days from 12 November to 10 December 2010. A link to the 

August 2010 report is attached. 

Item 27 Ordinary Council Meeting held on 25 August 2010. 

As a result of the exhibition, eleven (11) submissions have been received from landowners, 

consultants/developer interests, the local Chamber of Commerce and various State 

Government agencies. Copies of all submissions are attached below together with a table that 

summarises and addresses each submission on an individual basis. 

The public submissions raise the following key issues:- 

• the amount of supportable retail floor space in the Greater PMQ CBD 

• use of Zone B3 Commercial Core instead of Zone B4 Mixed Use as recommended by the 

adopted Settlement City Precinct Structure Plan 

• objection to the prescriptive nature of the draft LEP Height of Buildings and Floor Space 

Ratio Map controls 

• uncertainty in relation to future funding of precinct-wide infrastructure upgrades and 

improvements; and 

• queries regarding the timing for finalisation of the draft LEP. 

In addition, King and Campbell Consultants on behalf of Kmart Australia Ltd, have requested 

specific amendments to the draft Height of Buildings (HOB) and Floor Space Ratio (FSR) LEP 

Maps to reflect a large format retail concept for the site, given the landowner’s decision to retain 

the existing Primary School on the western half of the site for the next ten (10) years in 

consequence of accepting Building for the Education Revolution (BER) Federal funding. 

The written responses received from State Government agencies raise no significant objection 

to the proposal. In some instances, additional information was provided to improve the content 

of the LES and draft LEP and will be used to inform DCP provisions for the precinct. The key 

issues raised in the submissions are discussed below. 

Subsequent to the public exhibition period and in accordance with the requirements of the 

EP&A Act, a Public Hearing in relation to the reclassification of the Council-owned park from 

“community” to “operational” land was held on 16 December 2010. A report on the Public 

Hearing is also considered below. 

Public Submissions 

Supportable Retail Floor Space in the Greater PMQ CBD 

Opposing views are raised in relation to this issue. Two (2) submissions argue that a significant 

undersupply of retail floor space exists in the PMQ CBD and that the rezoning should occur 

without further delay. Of these submissions, one argues that the draft plan should be 

progressed with no restrictions on the timing for delivery of additional retail floorspace. 

Conversely, the submission from the PMQ Chamber expresses concern on behalf of many of its 

members that the release of the additional retail floorspace as proposed would detrimentally 

PAGE 71


affect on the viability of the town centre. The Chamber recommends that Council seek further 

independent analysis regarding the potential economic and social impacts of the proposal 

before progressing the draft plan further. 

Comment: 

The previous resolutions of Council to endorse the Warlters Street site for additional retail 

floorspace are reiterated in the recently adopted PMH Urban Growth Management Strategy 

2010 which specifies a hierarchy of retail centres for the LGA and reinforces the need for 

staged release of new commercial land at Settlement City to avoid significant oversupply. This 

issue has been comprehensively addressed in the December 2010 report to Council. The 

decision of the landowner to maintain the primary school on the site for at least 10 years is a 

significant mitigating factor that in effect reinforces previous retail timing resolutions. 

Zone B3 Commercial Core vs Zone B4 Mixed Use 

Two (2) submissions question the proposed land use zone B3 Commercial Core for the site on 

the basis that the adopted Settlement City Precinct Structure Plan recommends zone B4 Mixed 

Use. 

Comment: 

At the time of initially exhibiting the draft Standard PMH LEP in March 2010 and based on the 

recommendations of the adopted Structure Plan, zone B4 Mixed Use was applied to all zone 

3(a) Business lands within the precinct including, Port Shores Mall, McDonalds Restaurant, 

Settlement City Shopping Centre and Port Panthers Club. 

Following the public exhibition and further analysis of an appropriate equivalent Standard 

template zoning for the land, Council resolved to amend the draft exhibited LEP and apply zone 

B3 Commercial Core to the land to reinforce the contributory role of the precinct in the Greater 

PMQ CBD and consolidate the primacy of two hubs, consistent with the retail hierarchy 

identified in the PMH UGMS 2010. 

In applying zone B3 Commercial Core to the site, the draft LEP is consistent with the zoning of 

adjoining and adjacent commercial lands; and as noted in the August 2010 Council report, 

gives effect to the intended 3(a) Business zoning for the site in accordance with Council’s 

November 2004 resolution. 

Overly Prescriptive Development Controls 

Two (2) submissions argue that the proposed draft LEP Height of Buildings (HOB) and Floor 

Space Ratio (FSR) controls are overly prescriptive, too restrictive and unviable from a 

commercial and planning perspective and request that these controls be deleted from the draft 

LEP. As an alternative to retaining the exhibited controls, Minedor Development Managers 

suggest a uniform 16m HOB limit and 2.50:1 FSR be applied across the site to provide greater 

flexibility and opportunity for innovative design outcomes. 

Comment: 

Inclusion of HOB and FSR Maps in the draft LEP is not at Council’s discretion. The Department 

of Planning requires that HOB and FSR controls be applied to all business and medium/high 

density zones in major regional centres, particularly where significant growth is expected. 

Together, these controls aim to achieve appropriate bulk and scale of buildings in the 

streetscape. 

The draft exhibited HOB and FSR Maps are based on the adopted Structure Plan for 

Settlement City which confirms Council’s adopted policy position in relation to the coordination 

of land use and development in the Settlement City precinct over the next 10 to 15 years. The 

emphasis of the Structure Plan is on achieving quality design outcomes that are coordinated 

and responsive to future public needs. For this reason it is considered warranted that the 

fundamental elements of the adopted Plan including building heights, movement networks and 

public domain, be reflected in the draft LEP. 

PAGE 72


Contributions Planning 

The submission from BBC Consultants, on behalf of the owner of the adjacent Settlement City 

Shopping Centre, indicates general support to the draft Plan subject to adequate arrangements 

being in place to collect contributions for roadworks and any necessary stormwater drainage 

works/upgrades likely to be required as a result of future development. 

Comment: 

In accordance with Council’s August 2010 resolution, a Contributions Plan pursuant to section 

94 of the EP&A Act is currently being prepared to enable collection of developer contributions 

towards road infrastructure required to service future development within the precinct. Based 

on traffic modelling undertaken by ttm consultants on behalf of Council to supplement the traffic 

assessment carried out to inform the Settlement City Precinct Structure Plan, these works 

include:- 

• Park Street/Warlters Street intersection – traffic lights 

• Bay Street/Wartlers Street intersection – realignment of Bay Street to form a 4-way 

intersection with Warlters Street requiring roundabout controls; 

• Bay Street/Bellbowrie Street intersection – minor works associated with the channelisation 

of through traffic movements on Bay Street; 

• Newport Island Road/Bay Street intersection - minor works associated with the 

channelisation of through traffic movements on Bay Street and Newport Island Road; 

• Newport Island Road/Denham Street intersection - minor works associated with the 

channelisation of through traffic movements on Newport Island Road, Denham Street and 

potentially Scarborough Close; 

• Hastings River Drive/Newport Island Road intersection – traffic lights 

• Hastings River Drive/Aston Street intersection – traffic lights 

• Aston Street Link Hastings River Drive to Warlters Street - duplicate to 2 lanes each 

direction 

• Warlters Street Link Park Street to Aston Street - duplicate to 2 lanes each direction. 

The Contributions Plan will provide for the collection of development contributions on an 

equitable basis throughout the precinct. The community will benefit from improved access 

arrangements and safer roads. 

The need for stormwater drainage infrastructure upgrades/works will be determined at the 

development application stage where Council will require that existing trunk street drainage 

systems (pits, pipes & overflow paths) be modelled and assessed to demonstrate the system’s 

ability to convey design flows as per AUSPEC standards. 

Timing for finalisation of the draft LEP 

Two (2) submissions seek clarification on the likely timing for completion of the draft LEP in 

context of the timing for completion of Council’s comprehensive Standard PMH LEP. 

Comment: 

At the time of writing this report, the draft comprehensive PMH LEP which was adopted by 

Council at the December 2010 meeting, is presently with the Department of Planning is 

expected to be published on the Department’s website in mid-February 2011. 

If the Warlters Street proposal is adopted by Council at the February 2011 meeting, details of 

the public and State Government submissions, the Public Hearing Report and a copy of the 

LES, draft LEP and VPA will be submitted to the Department with a request to progress the 

draft plan to finalisation. 

Having regard to the anticipated timing for publication of the draft Standard PMH LEP, it is 

considered likely that the Department will process the Wartlers Street proposal as an 

amendment to PMH LEP. The timing for this process is dependent on the Department of 

PAGE 73


Planning's consideration of the proposed LEP amendment. 

Proposed large format retail concept 

The submission on behalf of Kmart seeks amendments to the draft exhibited HOB and FSR 

LEP Maps to accommodate a large format retail footprint with at grade carparking in recognition 

of the constraints posed by the landowner’s commitment to retain the St Joseph’s Primary 

School on the western half of the site up to 2021. The key amendments sought are 

summarised as follows:- 

• Relocation of the 16m (4-storey) height limit to reflect the proposed location of the large 

format retail footprint west of that provided for in the Structure Plan and in response to: 

• the area of the proposed lot and need to create a precinct where the front of the retail 

use fronts Park Street and the carpark 

• the need to align “back of shop” servicing access uses away from street frontages and 

adjoining the existing service land 

• the need to retain parking on a single area in the front of the retail uses rather than split 

between two locations on opposite sides of an access road as would be the case with 

the current draft controls. 

• Creation of an 8m height limit over the at grade carpark; and 

• Relocation of the 5m height limit associated with the mid-block link to coincide with a 

driveway access between Warlters Street and Park Street. 

The submission is accompanied by concept plans and a traffic review report. 

Comment: 

For comparison purposes, a rudimentary overlay of the submitted concept footprint with the 

structure reflected in the draft exhibited HOB LEP Map has been compiled and is shown below. 

Whilst the Settlement City Structure Plan is supportive of a mix of uses for the commercial 

areas of the precinct, including large format retail, the submitted information and plans would 

PAGE 74


appear to represent a significant departure from the design principles and strategies of the 

adopted Structure Plan. 

In the absence of any detailed justification or planning grounds to enable Council to make an 

informed assessment of the potential impacts on which to support the proposal, it is 

recommended that Council not amend the HOB and FSR LEP Maps as requested. Instead, it is 

suggested that Kmart be invited to meet with Council planning staff to discuss options for the 

potential future location of retail development on the land in the context of the adopted Structure 

Plan and recognising the constraints posed by the landowner’s commitment to retaining the 

Primary School on the western half of the site up to 2021. 

State Government submissions 

Roads and Traffic Authority (RTA) 

As a result of further consultation with the Authority during the public exhibition, the RTA has 

raised no objections to the proposal, provided that steps will be taken to adopt a Section 94 

Contributions Plan for roadworks as a matter of urgency and that the traffic model is validated 

to ensure the assumptions are sound. 

Comment: 

A Section 94 Plan for roadworks is currently being drafted. The ttm traffic modelling has been 

validated by Council's traffic engineering staff who identified some initial amendments which 

have been since been made to Council's satisfaction. 

Land and Property Management Authority (LPMA) 

The LPMA seek a minor amendment to the LES to incorporate text from Council's Summary 

Information Sheet accompanying the exhibition material to clarify the relationship between the 

proposed building height limits, road movement networks and indicative block plan as 

referenced in the document. 

The submission notes that the orientation of the mid-block link between Warlters and Park 

Streets shown on figures 7, 8 and 16 of the LES is inconsistent. It is considered necessary that 

a critical review of this alignment be undertaken in light of Council's January 2009 decision to 

allow consideration of a corresponding area on the adjoining EOI site to offset the provision of a 

600sqm foreshore plaza square as part of any future redevelopment of the Marina. 

Comment: 

Amendment to the LES for as requested is considered reasonable for clarity. 

With respect to the orientation of the mid-block link, the draft exhibited HOB and FSR Maps 

accord with the adopted Structure Plan. This matter will be a consideration in any future 

development of the Warlters Street site and Port Marina. 

Department of Climate Change and Water (DECCW) 

DECCW’s submission indicates support to the LES recommendations with respect to koala 

habitat and recommends that the immediate planting of additional trees and Vegetation 

Rehabilitation Plan also include a requirement that the number of trees specified to be planted 

actually reach maturity. The need to reclassify the remainder of the park from “operational” to 

“community” land following realignment of Bay Street is also flagged to ensure that the park and 

koala food resource remains available in the long-term. 

Comment: 

These matters will be specified in the future precinct-wide Development Control Plan. 

NSW Office of Water (NOW) 

No specific concerns or objections are raised. 

PAGE 75


Northern Rivers Catchment Management Authority (NRCMA) 

The submission indicates support to the koala habitat recommendations of the LES and 

provides advice in relation to water quality controls and acid sulfate soil management. However 

the CMA raise concerns that the LES does not specifically address climate change impacts. 

Comment: 

Sea Level Rise as a result of climate change has been addressed in the LES in the context of 

flooding hazard and determination of retail floor levels and finished road surface levels for the 

site. In addition, the draft LEP incorporates the sea level rise provisions in clauses 7.2 Flood 

Planning Area and 7.3 Floodplain Risk Management. 

Representations Made at the Public Hearing 

As indicated in the Background section to this report, a Public Hearing was held on 16 

December 2010 in relation to the reclassification of the Council-owned park in Warlters Street 

as part of the draft LEP process. A total of four (4) interested persons were in attendance at the 

Public Hearing. 

Issues raised at the Hearing focused on the impact of existing traffic in the surrounding area 

and the need to provide improved movement networks to cater for future development of the 

site. 

In accordance with the provisions of the EP&A Act 1979 and the LGA 1993 the Chairperson 

has prepared a report in relation to the meeting proceedings. A copy of the Chairperson’s 

Report is attached below which details the issues raised and the corresponding staff responses 

in relation to the questions presented. A copy of the report has been forwarded to the meeting 

participants for their information and perusal. 

It is considered that the issues raised at the Public Hearing have been satisfactorily addressed 

in the preparation of the draft LEP. A copy of the Chairperson’s Report is required to be 

forwarded for the information of the Department of Planning should Council decide to proceed 

with the proposal. 

Proposed amendments to the exhibited LES and Draft LEP 

The following amendments have been made to the exhibited LES and draft Plan:- 

1. Additional text has been included in the LES to clarify the relationship between Figure 16 

Proposed HOB LEP Map, Figure 7 Road Movement Network and Indicative Block Plan as 

requested by the Land and Property Management Authority. 

2. The HOB LEP Map has been adjusted to increase the three storey category ’L’ from 11m to 

11.5m and single storey category ‘C’ from 5m to 5.4m for consistency with the draft 

comprehensive Standard PMH LEP; 

3. The 2.5:1 FSR proposed for the Warlters / Park Street corner of the site has been revised 

downward to 2.0:1 for consistency with the draft comprehensive Standard PMH LEP 

4. A number of typing and formatting errors identified in the LES during the course of the 

exhibition have also been corrected. 

These amendments are minor only and do not alter the intent or meaning of the LES and draft 

LEP. The amended draft LEP HOB and FSR Maps are below. 

PAGE 76



The proposal to rezone the land is consistent with Council’s strategic direction for retail 

expansion in the PMH sub-region as provided for in the recently adopted PMH UGMS 2010. In 

addition, adoption of the draft LEP as detailed in this report represents Council’s commitment to 

implementing the principles and design strategies of the adopted Settlement City Precinct 

Structure Plan 2009. 

Consultation 

Details of consultations leading up to the exhibition of the draft LEP are provided in the August 

2010 report to Council. Details on the outcome of the public exhibition phase of the draft plan 

process are provided in the ‘Discussion’ section of this report. 

As the proposal involved Council-owned land, the exhibition of the draft LEP included display of 

the Department of Planning’s Best Practice Guideline LEPs and Council Land and LEP practice 

note PN 09-003 Classification and reclassification of public land through a local environmental 

plan . The exhibition of this material with the draft LEP helps the public to understand why 

certain information has been exhibited and enables a check that all relevant information has 

been made available. 


The Wartlers Street land is considered to be a key site in the Greater PMQ CBD and a rezoning 

to permit retail expansion on the land is consistent with the strategic importance of the site to 

strengthen the role of the Greater CBD as a major regional destination consistent with the PMH 

UGMS 2010 and Mid-North Coast Regional Strategy 2009. 


The preparation of the LES, draft LEP and draft Planning Agreement has been independently 

coordinated by Council and landowner funded. Upgrade works to service future development 

will be required via appropriate conditions of consent relating to works and/or payment of 

applicable developer contributions. 

Options 

Council could opt to defer or abandon the proposed LEP amendment. However, for reasons 

outlined in this report, it is recommended that the draft Plan be forwarded to the Department of 

Planning for finalisation . 

PAGE 77


Environment 

Meeting Date: 16/02/2011 

ITEM NO: 30 

PROPERTY: 

DA 2010/0475 - LOT 328, DP 1157230, GREENMEADOWS DRIVE, 

PORT MACQUARIE 

APPLICANT: 

KING & CAMPBELL PTY LTD 

OWNER: 

PROPOSAL: 

APPLICATION DATE: 20 OCTOBER 2010 

DATE FORMAL: 

ESTIMATED COST: $745,970 

LOCATION: 

REPORT BY: 

FILE NO: DA 2010/0475 

PARCEL NO: 61452 

J NEWTON CONSTRUCTION PTY LTD 

CLUSTER HOUSING COMPRISING THREE (3) TWO STOREY 

DWELLINGS AND TORRENS TITLE SUBDIVISION INCLUDING 

SEPP 1 OBJECTION TO CLAUSES 15 AND 18 OF THE HASTINGS 

LOCAL ENVIRONMENTAL PLAN 2001 

PORT MACQUARIE 

BR 

PRECIS 

This report considers a development application for cluster housing comprising three (3) 

two storey dwellings and torrens title subdivision including SEPP 1 Objection to clauses 15 

and 18 of the Hastings Local Environmental Plan 2001 at Lot 328 DP1157230, 

Greenmeadows Drive, Port Macquarie. 

The application is being reported to full Council in accordance with the NSW Department of 

Planning's Circular PS 08-014. 

The application was considered by Council's Development Assessment Panel on 19 

January 2011 and the following recommendation was made: 

"That DA 2010/0475 for Cluster Housing comprising three (3) two storey dwellings and 

torrens title subdivision including SEPP 1 Objection to Clauses 15 and 18 of the Hastings 

Local Environmental Plan 2001 at Lot 328, DP 1157230, Greenmeadows Drive, Port 

Macquarie, be supported and it be recommended to Council that the application be 

determined by granting conditional consent". 


That DA 2010/0475 for Cluster Housing comprising three (3) two storey dwellings 

and torrens title subdivision including SEPP 1 Objection to Clauses 15 and 18 of the 

Hastings Local Environmental Plan 2001 at Lot 328, DP 1157230, Greenmeadows 

Drive, Port Macquarie, be determined by granting consent subject to the 

recommended conditions. 

______________________________________________________________________ 

DISCUSSION 

1. PROPOSAL 

The proposal seeks to subdivide the site into three (3) Torrens title allotments and construct a 

dwelling on each. The proposed lots would have areas as follows: 

PAGE 78

• proposed lot 1 = 549m 2 



• proposed residue lot = 8.9179ha 


The site is zoned 2(a1) Residential and part 1(a1) Rural under the HLEP 2001. The proposed 

development across the zone boundary requests the utilisation of clause 12 of the HLEP 2001. 

In this regard a SEPP 1 Objection to vary the minimum lot size provision of Clauses 15 and 18 

of the HLEP 2001 comprises part of the application. 

Concurrence to a SEPP 1 objection was granted as part of the application process by the NSW 

Department of Planning. Concurrence was granted in this instance for the reasons that the 

proposed subdivision involves infill development in an existing residential area; and no issues of 

State or regional significance are raised by the application. 

The site is zoned 2(a1) Residential and partly 1(a1) Rural in accordance with the Hastings 

Local Environmental Plan 2001 as shown in the following zoning plan: 

The existing subdivision pattern and location of existing development within the immediate 

locality is shown in the following aerial photo: 

PAGE 79


The application was reported to Development Assessment Panel at its meeting of 19 January 

2011 where it was resolved to recommend to Council that the application be determined by 

granting consent. 

A link is provided below to the DAP report held on 19 January 2011. 

ATTACHMENTS 

PLANS 

RECOMMENDED CONDITIONS 

SUBMISSION DETAILS 

No submissions received. 

PAGE 80


Environment 


ITEM NO: 31 

PROPERTY: 

DA 2010/0507 - LOT 1 DP1131887 & LOT 73 DP754412, WALLIS 

ROAD, ELLENBOROUGH 

APPLICANT: 

MID COAST SURVEYING PTY LTD 

OWNER: 

PROPOSAL: 

APPLICATION DATE: 11 NOVEMBER 2010 

DATE FORMAL: 

ESTIMATED COST: N/A 

LOCATION: 

ELLENBOROUGH 

REPORT BY: 

BR 

FILE NO: DA 2010/0507 

PARCEL NO: 54425 AND 17228 

HITCHEN & MCKINNON 

BOUNDARY ADJUSTMENT INCLUDING SEPP 1 OBJECTION TO 

CLAUSE 15 OF THE HASTINGS LOCAL ENVIRONMENTAL PLAN 

2001 

PRECIS 

This report considers a development application for a boundary adjustment between two 

existing rural allotments including a SEPP 1 objection to Clause 15 of the Hastings Local 

Environmental Plan 2001 at Lot 1 DP 1131887 and Lot 73 DP 754412, Wallis Road, 

Ellenborough. 

The application is being reported to full Council in accordance with the NSW Department of 

Planning's Circular PS 08-014. 

The application was considered by Council's Development Assessment Panel on 19 

January 2011 and the following recommendation was made: 

"That DA 2010/0507 for a boundary adjustment including a SEPP 1 objection to Clause 15 

of the Hastings Local Environmental Plan 2001 at Lot 1, DP 1131887 and Lot 73, DP 

754412, Wallis Road, Ellenborough, be supported and it be recommended to Council that 

the application be determined by granting conditional consent. 

with the following changes to conditions of consent: 

B(1) delete the words "...(including street lighting where required)...." 

B(4) insert the words after ...Restriction as to User...."in favour of Port Macquarie-Hastings 

Council". 


That DA 2010/0507 for a boundary adjustment including a SEPP 1 objection to 

Clause 15 of the Hastings Local Environmental Plan 2001 at Lot 1, DP 1131887 and 

Lot 73, DP 754412, Wallis Road, Ellenborough, be determined by granting consent 

subject to the recommended conditions. 

______________________________________________________________________ 

DISCUSSION 

PAGE 81


1. PROPOSAL 

The proposal seeks to undertake a boundary adjustment. Both allotments contain no dwellings 

and are zoned 1(a4) Rural Agricultural Protection under the HLEP 2001. In accordance with 

clause 15, the minimum lot size standard is 100 hectares. Lot 1 DP 1131887 has an area of 

104.1 hectares and Lot 73 DP 754412 has an area of 16.19 hectares. In this regard Lot 73 DP 

754412 is already undersized. The proposed boundary adjustment would result in the transfer 

of 4.032 hectares from Lot 73 DP 754412 to Lot 1 DP 1131887 creating a new Lot 10 (adjusted 

Lot 1) with an of 108.1 hectares and new Lot 11 (adjusted Lot 73) with an area of 12.157 

hectares. 

Concurrence to a SEPP 1 objection was granted as part of the application process by the NSW 

Department of Planning. Concurrence was granted on the grounds that no additional lots or 

dwelling entitlements will be created and the existing smaller lot is already well below the 

minimum standard for the 1(a4) zone. 

Both allotments are zoned 1(a4) Rural Agricultural Protection in accordance with the Hastings 

Local Environmental Plan 2001 as shown in the following zoning plan: 

The existing subdivision pattern and location of existing development within the immediate 

locality is shown in the following aerial photo: 

PAGE 82


The application was reported to Development Assessment Panel at its meeting of 19 January 

2011 where it was resolved to recommend to Council that the application be determined by 

granting consent. 

A link is provided below to the DAP report held on 19 January 2011. 

PLANS 

RECOMMENDED CONDITIONS 

ASSESSMENTS 

SUBMISSION DETAILS 

No submissions received. 

PAGE 83


Environment 


ITEM NO: 32 

PROPERTY: 

DA 2010/477 - LOT 40 DP 754403 & LOT 1 DP 1122266, ROB ROY 

ROAD, KING CREEK 

APPLICANT: 

W & G AQUEL 

OWNER: 

W & G AQUEL 

PROPOSAL: TWO (2) STOREY DWELLING-HOUSE INCLUDING SEPP 1 

OBJECTION TO CLAUSE 18 OF HASTINGS LEP 2001 

APPLICATION DATE: 20 OCTOBER 2010 

DATE FORMAL: 20 OCTOBER 2010 

ESTIMATED COST: $429,396 

LOCATION: 

KING CREEK 

REPORT BY: 

PGR 

FILE NO: DA 2010/477 

PARCEL NO: 16604 

PRECIS 

This matter is being reported to Council to note that a SEPP 1 objection has been approved 

by Council's Development Assessment Panel on 15 December 2010 for a two(2) storey 

dwelling-house at the subject site. 

In accordance with the Department of Planning's circular PS 08-014, the SEPP 1 matter 

was able to be determined under delegations of the DAP without the need for the DA to be 

reported to an Ordinary meeting of Council. Approval of the DA using the SEPP 1 

provisions however is required to be noted by Council in accordance with the PS 08-014 

circular for quarterly reporting purposes to the Department of Planning. 


That it be noted that DA 2010/0477 for a Two(2) Storey Dwelling-House Including 

SEPP 1 Objection to Clause 18 of Hastings LEP 2001 at Lot 40 DP 754403 & Lot 1 DP 

1122266, Rob Roy Road, King Creek has been approved by Council's Development 

Assessment Panel. 

______________________________________________________________________ 

DISCUSSION 

A link is provided as follows to the report and resolution made by Council's DAP on 15 

December 2010. 

PAGE 84


Environment 


___________________________________________________________ 

Item 33 

Subject AREA 14 - 1B OCEAN DRIVE, LAKE CATHIE 


___________________________________________________________ 

Council exhibited a Planning Proposal to rezone land at Ocean Drive, Lake Cathie and described 

as Lot A DP374315 and Lot 4 DP615261 in accordance with the Gateway Determination dated 

20/10/10. 

Council received three (3) public submissions and a public agency response from the Department 

of Environment, Climate Change and Water (DECCW). 

Council proposes to submit to the Department of Planning (DoP) a final Planning Proposal 

supporting the rezoning of land in accordance with that proposal. Minor amendments to the text 

of that document are proposed. The zoning plan presented in the initial Planning Proposal is 

proposed to remain the same. 

The Voluntary Planning Agreements were exhibited concurrently with the Planning Proposal. No 

submissions were received regarding these agreements. 


1. That Council submit the final Planning Proposal to the Department of Planning 

and request that the Department of Planning make the LEP in accordance with 

59(2)(a) of the Environmental Planning and Assessment Act 1979. 

2. That Council delegate authority to the General Manager to enter into and execute 

the Milland Area 14 Stage 1B Planning Agreement relating to Lot 1 DP 374315 and 

the Seawide Area 14 Stage 1B Planning Agreement relating to Lot 4 DP 615261, 

Lake Cathie. 

Discussion 

At its meeting on 25/08/10, Council resolved to; 

1. Prepare a Planning Proposal under Section 55 of the Environmental Planning & Assessment 

Act 1979 in relation to land at Ocean Drive, Lake Cathie and described as Lot 1 DP374315, Lot 

4 DP615261, and forward the Planning Proposal to the Minister for a Gateway Determination 

under Section 56 of the Environmental Planning & Assessment Act 1979. 

2. Delegate to the Director Development & Environmental Services, authority to undertake any 

changes arising from the Section 56 Gateway Determination, prior to exhibition of the Planning 

Proposal. 

3. To undertake community consultation in accordance with the Section 56 Gateway 

Determination. 

Council has now exhibited the Planning Proposal and the Voluntary Planning Agreements. A 

summary of the community consultation and the agency submissions and Council's response is 

PAGE 85


attached. 


The site is identified as suitable for future urban purposes in the Mid North Coast Regional 

Strategy, the Hastings Urban Growth Strategy and the Urban Growth Management Strategy. 

The proposed rezoning is also based on Council's adopted Master Plan for Area 14. 

A draft Development Control Plan is currently being prepared for the Area 14 Urban Release 

Area in accordance with the requirements of draft Port Macquarie-Hastings Local 

Environmental Plan 2011. This draft DCP is proposed to be exhibited separately in 

approximately 2-3 months time to provide more detailed policy in relation to Area 14 and will 

inform decision making in relation to future development applications. 

Consultation 

Consultation was undertaken in accordance with the Gateway Determination dated 20/10/2010. 

Three (3) public submissions and (1) government agency submission were received during the 

consultation period. 

Submissions were received from the Lake Cathie and Bonny Hills Progress Associations, which 

raised concerns about the cost and provision of infrastructure, the urban form, road upgrades 

and traffic, the littoral rainforest, beach safety and acid sulphate soils. The other public 

submission was concerned about the impact of stormwater on Duchess Creek. Council has 

provided a detailed response to these issues in the attached summary. 

Council has also met with the NSW Department of Environment, Climate Change and Water 

(DECCW) in relation to its submission. The key issue in the DECCW submission is the buffer 

to the State Environmental Planning Policy 26 designated littoral rainforest that forms the 

eastern edge of the site. The default development exclusion buffer set by that policy is 100m. 

A rigorous groundwater and ecological assessment was undertaken to determine the 

appropriate buffer to secure the ongoing preservation of that forest. The assessment also 

considered the potential impact of climate change and specifically the expected reduction in 

rainfall. It was determined that a 40-60metre vegetated buffer with specific stormwater 

management systems would provide the best mechanism to ensure its ongoing preservation. 

The development will also formalise the access track to Rainbow Beach and provide for the 

rehabilitation of a washout area along that track. The littoral rainforest will be fenced to 

discourage human intrusion. 

Overall it is considered that the development will result in a superior ecological outcome for the 

littoral rainforest in this location, while providing additional land for urban purposes generally in 

accordance with the adopted Area 14 Master Plan. 


The rezoning of Area 14-1B would enable the lodgement of project (or development 

applications) for residential subdivision, tourist and commercial use. 


The proponent has offered to enter into a Voluntary Planning Agreement (VPA) to: 

• Establish the environmental works and the formalised pedestrian beach access, in 

accordance with the Stage 1 Project Application. 

PAGE 86


• Establish other open space areas as part of future stages of the proposed development. 

• Maintain the established areas of environmental lands and open space in accordance with 

an approved management plan for five (5) years. 

• Pay contributions at the subdivision certificate stage to fund a further 15 years maintenance 

of these areas. 

• Establish agreed development contributions pending formal reviews of Section 94 

Contribution Plans. 

The VPA's were exhibited and no submissions were received. 

Options 

Council could opt to not proceed with the submission of the final Planning Proposal for the 

proposed LEP. However, as the issues raised during the consultation period have been 

addressed and the proposal remains an appropriate development and an ecological outcome 

for the site, it is recommended that the Planning Proposal should be supported. 

PAGE 87


Environment 


___________________________________________________________ 

Item 34 

Subject WORKS IN KIND APPLICATION - ROADWORKS, 

STREETSCAPE WORKS AND CONSTRUCTION OF LANEWAY, 

GORE AND BRIDGE STREETS, PORT MACQUARIE 


___________________________________________________________ 

This report recommends the acceptance of an offer to undertake works as Material Public Benefit 

at the intersection of Gore and Bridge Streets and construction of the laneway from Gore Street to 

the Bridge Street public car park. 


1. That the application to undertake works as Material Public Benefit including the 

construction of a roadworks and streetscape works at the intersection of Bridge 

and Gore Streets, Port Macquarie and construction of the laneway from Gore Street 

to the Bridge Street public car park be accepted subject to the completion of a 

Works In Kind Contract, on the basis that the works will provide a material public 

benefit pursuant to s94(5)(b) of the Environmental Planning and Assessment Act. 

2. The General Manager be grant delegated authority to sign the Works In Kind 

Contract on behalf of Council. 

Discussion 

Hopkins Consultants on behalf of East West Business Group Pty Ltd have applied to carry out 

work as Material Public Benefit in lieu of the payment of development contributions for car 

parking in association with an approved Health Services Facility and Refreshment Room (DA 

2009/0443) at the corner of Bridge and Gore Streets, Port Macquarie. 

The development consent requires the payment of Development Contributions in accordance 

with Hastings Contribution Plan 1993 Part C – Car Parking and the Hastings Administration 

Levy Contributions Plan to address a shortfall of 19 car parking spaces to serve the 

development. 

The consent also requires the developer to undertake construction of; the unformed laneway 

abutting the southern boundary of the development, works adjacent to the subject site at the 

south western corner of the intersection including kerb and footpath works and construction of 

on street parking along the Bridge and Gore Street frontages. 

In addition to these works, the developer has offered to undertake construction of kerb and 

footpath works at the north west, north east and south east corners of the intersection of Bridge 

and Gore Streets in lieu of payment of parking contributions required by the development 

consent. These works, including the laneway from Gore Street to the public car park, are 

consistent with Council’s future plan for intersection works, concept future streetscape works 

and proposed kerbing and footpath works in the vicinity of the subject site. 

PAGE 88


The works have a total estimated value of $107,743.35. The current estimate as submitted by 

the applicants has been verified by the Council's Technical Services Manager. 

The developer’s proposal will allow for substantial improvements to the Bridge and Gore Street 

intersection and access to the Bridge Street Public Car Park without significant financial 

implications for Council. 

A formal Works in Kind Contract will need to be executed to formalise the developer’s offer. 

The contract will provide for the offset of $107,743.35 equivalent to 13.282 parking spaces at a 

current rate of $8,112 per space under Council Parking Contribution Plan. Provision will also be 

included to allow for standard rise and fall variations in the cost of the work which will need to be 

verified by Council's Technical Services Manager. 

A cash contribution will be required for the remaining car parking space shortfall in accordance 

with the development consent. 


The proposal will allow the construction of a work proposed at the intersection of Gore and 

Bridge Streets, Port Macquarie, consistent with Council’s future plan for intersection works, 

concept future streetscape works and proposed kerbing and footpath works in the vicinity of the 

subject site as well as works required for access to the Bridge St Public Car Park. 

PAGE 89


Consultation 

Name 

Technical Services Manager 

Comments 

Considers the proposed works and estimate for 

the construction cost are appropriate. 


The proposal conforms to the provisions of Council's Works In Kind Policy. 


The proposal will allow provision of works identified by Council to improve traffic and pedestrian 

safety without impacting on Council's financial position. 

Options 

Council could determine to approve or refuse the application. Where the offer is not accepted by 

Council, the monetary contribution as per the consent remains applicable. 

PAGE 90


Environment 


___________________________________________________________ 

Item 35 

Subject STRATEGIC PLANNING PROGRAM 2011/12 


___________________________________________________________ 

The purpose of this report is to determine priorities for Council’s Strategic Planning team until the 

end of the 2011/12 financial year. A program of proposed work is outlined in the report, which is 

based on the Urban Growth Management Strategy adopted by Council in December 2010. 


That Council proceed to implement the Strategic Planning program outlined in this 

report in the 2011/12 financial year. 

Discussion 

The purpose of this report is to determine priorities for Council’s Strategic Planning team until 

the end of the 2011/12 financial year. 

The Strategic Planning team operates within the Development & Environment Division of 

Council and has responsibility for preparation of land use strategy as well as the review of the 

Port Macquarie-Hastings local environmental plan (LEP) and development control plan (DCP). 

Amongst other things, the Strategic Planning team coordinates land use investigations (e.g. 

ecological and flood planning) for urban release areas, amendments to LEP maps and clauses 

(e.g. zones and land use definitions) and the review of DCP policies (e.g. parking and 

advertising policies for commercial development). 

Council’s strategic land use priorities for 2011/12 will be based on the Port Macquarie-Hastings 

Urban Growth Management Strategy (UGMS), which was recently adopted by Council in 

December 2010. The Strategy has been prepared in accordance with State government 

requirements and has been forwarded to the NSW Department of Planning for endorsement. 

The UGMS provides directions for strategic urban land use planning in the Port 

Macquarie-Hastings LGA to 2031, including priorities for residential, rural residential, retail, 

industrial and tourism planning during that period. The Strategy is to be reviewed in 2014/15 

following review of the Mid North Coast Regional Strategy. 

The UGMS identifies 70 key actions, as summarised in the attached Implementation Summary 

Table and Summary Maps. 

A large number of these projects are identified as “Immediate” (i.e. “Commenced or to 

commence in 2010/11”) or “Short Term” (i.e. “Commence investigations 2011/12 - 2014/15; 

timing to be determined in annual works programs by Council”). There is no significant change 

in the status of these projects since adoption of the UGMS in December 2010. 

PAGE 91


This is the first annual Strategic Planning works program report since completion of the UGMS 

in December 2010. The report is primarily concerned with priorities for the Strategic Planning 

team and does not address the status of projects which are to be coordinated by other Divisions 

of Council. Cross divisional actions in the UGMS include: 

• Preparation of a Biodiversity Strategy 

• Review of Council development contributions 

• Parking strategies for key town centres (Greater Port Macquarie CBD, Wauchope & 

Laurieton) 

• Preparation of Social Plan, 

• Preparation of an overarching transport strategy, and 

• Review of open space & community facilities planning. 

The following priorities, from the adopted UGMS will be undertaken by Council’s Strategic 

Planning team until the end of 2011/12. Separate Council reports will be prepared as 

necessary for each action, during the 2011/12 financial year. 

Strategic Planning Priorities - 2011/12 

1. Strategy Preparation & Review 

Council has recently completed preparation of the UGMS and will now focus on 

implementation actions arising from the UGMS, as described below: 

2011/12 Action Comments 

Development Activity 

Monitoring of development activity in accordance with the 

Monitoring 

Department of Planning requirements for the Mid North Coast. 

This is important to inform the proposed review of the UGMS in 

2014/15. 

Koala Strategy 

To be prepared following completion of vegetation mapping for 

the Port Macquarie-Hastings in 2011/12, in parallel to 

preparation of a Biodiversity Strategy. 

Sancrox Structure Plan 

The preparation of a Structure Plan for the Sancrox area, 

including gateway sites at the intersection of the Pacific and 

Oxley Highways, to provide a framework for future planning 

Preparation of an overarching 

transport strategy 

2. Economic Initiatives 

decisions in that area. 

This initiative is intended to better integrate transport and land 

use planning. The preparation of an overarching framework for 

transport planning will commence in 2011/12, with significant 

input from the Strategic Planning team. 

The UGMS highlights the importance of economic initiatives to the future well being of the 

Port Macquarie-Hastings community. These initiatives include planning for the Port 

Macquarie Town Centre Entertainment Precinct, Tertiary Education Precinct and Port 

Macquarie Hospital Precinct. Strategic planning input will be provided to these initiatives in 

2011/12 as a priority. 

In addition, the following specific industrial and retail actions will be prioritised in 2011/12: 

PAGE 92


a) Industrial 


Sancrox Employment Precinct Finalisation of current planning proposal for the Sancrox 

employment precinct at the intersection of Sancrox Rd and 

Pacific Highway. 

Fernbank Creek Rd 

Employment investigations in the Fernbank Creek Rd area. 

Employment Precinct 

PM Airport 

Employment investigations on land surrounding the Port 

Macquarie Airport. 

Birdon Marine Industry 

Investigations in relation to potential creation of a marine 

Precinct 

industry precinct in the area surrounding Birdon Marine. 

Area 14 Industrial 

Investigation of land at the intersection of Houston Mitchell Dve 

and Ocean Dve Lake Cathie, for potential service industrial 

development. 

b) Retail 


Warlters St 

Finalisation of current planning proposal for land at Warlters St, 

Port Macquarie (see separate report to Council 16 Feb 2011) 

Settlement City DCP 

Preparation of DCP provisions for the Settlement City Precinct. 

Bulky goods precinct 

Preliminary planning to consider potential bulky goods retail in 

the Lindfield Park Rd area and on land between the old and 

new Oxley Highway alignments. 

3. Residential 

The UGMS identifies a substantial existing supply of vacant, zoned residential land in the 

Port Macquarie Hastings LGA and priorities for future investigations. In the 2011/12 

financial year, this is to comprise the following: 


Area 14 (Stage 1A) 

Finalisation of a current planning proposal for residential 

development to the southwest of Lake Cathie 

Area 14 (Stage 1B) 

Finalisation of a current planning proposal for residential 

development to the south of Lake Cathie. 

Area 14 St Vincent Foundation Council input to Part 3A development application, for which the 

(Part 3A & LEP amendment) State government remains the consent authority & preparation 

of a draft planning proposal to reflect the outcome of the Part 

3A process. 

Area 14 DCP 

Preparation of precinct specific DCP provisions to help guide 

development consistent and coordinated development 

outcomes in the Area 14 investigation area between Lake 

Cathie and Bonny Hills. 

Area 15 

Finalisation of a planning proposal and precinct DCP for 

residential development to the east of Kew. 

Area 13 neighbourhood Preparation of neighbourhood DCP provisions for 

planning 

neighbourhoods in the Thrumster area, to the west of Port 

Macquarie. 

West Lindfield (South) 

Preparation of a planning proposal and precinct DCP 

provisions for the part of West Lindfield to the south of the 

realignment of the Oxley Highway entry to Port Macquarie. 

Urban renewal – Port 

Preparation of place-based planning policy for urban 

Macquarie Town Centre Fringe consolidation/renewal in the Port Macquarie Town Centre 

PAGE 93


Fringe area, including assessment of mixed use options and 

review of existing DCP provisions in relation to urban 

consolidation/renewal. 

4. Rural Residential 

The primary aim is to provide a coordinated, strategic approach to the release of land for 

rural residential development, in accordance with the requirements of the NSW Department 

of Planning. 


King Creek 

An update of the strategic framework in the King Creek area 

and amendment/s of the PMH LEP in consultation with the 

NSW Department of Planning 

Sancrox 

Preparation of a Structure Plan as a precursor to potential 

future rural residential development in the greater Sancrox 

area (see also strategy section above). 

5. DCP Review 

In addition to the preparation of new precinct specific DCP provisions listed in the sections 

above, there is a need to continue the staged review of general DCP provisions in the 

comprehensive DCP for the Port Macquarie-Hastings, to update Council policy in line with 

current best practice and State planning requirements. 


Initial review of consolidated The review of the Port Macquarie-Hastings consolidated DCP 

PMH DCP 

is to be finalised following part re-exhibition of DCP provisions 

(see separate report 16 Feb 2011). 

Staged DCP review/updates Priorities for DCP amendment to be assessed by Council, in 

consultation with stakeholders, to determine a program of DCP 

review. 

PAGE 94


6. LEP Review 

The preparation of a new local environmental plan (LEP) for the Port Macquarie-Hastings 

LGA is currently being finalised by the NSW Department of Planning. Advice to Council is 

that this is imminent and that the LEP is likely to be notified and brought into effect in 

February 2011. 

The focus for LEP amendments in the 2011/12 financial year will be on the staged review of 

the new LEP to: 

• Implement the outcomes of strategic investigations described above, 

• Incorporate necessary State wide changes to the LEP, 

• Finalise current investigations for site specific LEP amendments, which have been 

substantially progressed in accordance with past strategies and/or resolutions of 

Council, and 

• Implement site specific amendments that accord with the Mid North Coast Regional 

Strategy and adopted UGMS. 

Site specific LEP amendments will be grouped annually, except in instances where an LEP 

amendment is assigned a high priority due to the economic significance or legal implications 

associated with the proposed amendment. Pre-lodgement meetings will be held in relation 

to potential LEP amendments to promote effective and efficient communication in relation to 

LEP amendments and study requirements. 


Finalisation of a new PMH LEP Expected completion in February 2011. 

Finalise historic site specific 

LEP investigations 

Administrative amendments to 

the new PMH LEP 

Site specific LEP amendments 

Those being progressed are: 

• Lakeside Way 

• Tathra Rd 

• Pioneer St 

• Beach St, Bonny Hills 

• Major Innes Dve 

• Ocean Dve (West Haven) 

Administrative amendments need to be undertaken on an as 

needs basis, including expected changes to the Standard 

Instrument Template for NSW, as required by the NSW 

Department of Planning. 

Where consistent with MNCRS, including the Settlement 

Planning Guidelines and Council’s adopted UGMS. To be 

grouped annually where possible to minimise impact on 

Council’s strategic planning program. 


The proposed work program is derived from Council's adopted Urban Growth Management 

Strategy. 

Consultation 

The proposed 2011/12 work program is consistent with the UGMS adopted by Council in 

December 2010. Substantial community consultation has been undertaken during the 

preparation of that Strategy. Council has received some requests for specific matters to be 

included in the Strategic program for 2011/12. Further consultation will take place with these 

parties within the framework described above. 

PAGE 95



The maintenance of an up-to-date strategic planning framework is an important part of Council’ 

s operations. The objectives of the program are to facilitate ecologically sustainable urban 

development, promote economic growth and coordinate good development outcomes for the 

future benefit of current and future generations. The actions described above are derived from 

Council’s adopted UGMS, which is in turn consistent with the Mid North Coast Regional 

Strategy. 


The Strategic Planning team comprises a Manager, two Senior Strategic Planners and two 

Strategic Planners. The team operates with an annual budget for strategic studies, such as for 

ecological investigations in areas of high landowner fragmentation, where coordination of 

landowner funding is not possible. It is proposed that Council undertake the above program 

within current staffing and annual budget allocation. 

Options 

Council could opt to defer consideration of the above report or amended the priorities contained 

therein. It is recommended that Council endorse the Strategic program, as detailed in the 

report. 

PAGE 96


Environment 


___________________________________________________________ 

Item 36 

Subject OCEAN CLUB RESIDENTIAL COMMUNITY PLANNING 

AGREEMENT 


___________________________________________________________ 

Council has exhibited a revised voluntary planning agreement for provision of infrastructure in 

relation to an approved Manufactured Home Estate and future proposed rezoning of the subject 

land at Lake Cathie. 

The report recommends that the General Manager be delegated authority to enter into and 

execute the voluntary planning agreement. 


That Council delegate authority to the General Manager to enter into and execute 

the Ocean Club Residential Community Planning Agreement relating to Lot 5 in DP 

594793, Lot 4 in DP 255923 and Lot 1 DP 1145106, Ocean Drive, Lake Cathie. 

Discussion 

The landowner has previously entered into a planning agreement in relation to a Development 

Application (DA 2007/0620) for a manufactured home estate on the subject land. DA 

2007/0620 for 257 manufactured home sites, public and private roads, and associated facilities 

including community facilities, a work shed and office/manager's residence was approved on 21 

May 2009 under delegation from Council's Development Assessment Panel. 

The subject land is included within the Area 14 Stage 1A urban growth area and a planning 

proposal has been exhibited to rezone the land from rural to allow development for urban 

purposes. 

The landowner has submitted s.96 application to an amended the development consent. 

Council has received an offer on behalf of the owners of the subject land, Gwynvill Trading Pty 

Ltd, to enter into a revised planning agreement in relation to the s.96 application and any other 

development on the subject land that may only be granted by reason of a rezoning having taken 

effect. 

The draft planning agreement provides for the following: 

• The carrying out of specified works by the Landowner for the purposes of 

establishing and maintaining environmental lands, road works, sewerage works and 

water supply works. 

• The dedication to Council of environmental lands and road links to adjoining lands.. 

• Payment of monetary contributions for Administration Levy Contribution, 

Management Contribution, Open Space Contribution, Roads Contribution, Sewerage 

Services and Sewerage Services Local Contribution and Water Supply Contribution. 

PAGE 97


• Proposed offsets of a specified percentage against specified monetary Development 

Contributions, in consideration of the works carried out by the Developer including 

intersection works, water supply and sewerage works. 

• The Landowner to provide the Council with security to secure the performance of 

obligations under the agreement. 

The draft planning agreement was exhibited in conjunction with the planning proposal for Stage 

1A land at Lake Cathie. There were no submissions received in relation to the planning 

agreement. 

The proposed planning agreement would revoke the previous planning agreement on the date 

from which the new planning agreement commences. 


The proposed planning agreement aligns with Council's strategic direction by giving due 

consideration to the provision of infrastructure to serve the proposed manufactured housing 

estate or to serve development that may be permissible subject to a rezoning of the land having 

taken effect. 

Consultation 

Council's Manager Technical Services, Water Supply Investigation Engineer, Acting Manager 

Sewer and Strategic Planner have been consulted as part of the preparation of the draft 

planning agreement. 


The proposed planning agreement addresses the provision of infrastructure required to serve 

the proposed development and future rezoning of the land for urban purposes. 


The contributions offered under the planning agreement are proposed to address the provision 

of infrastructure required to serve the proposed development. 

Options 

Council can resolve to proceed with the recommendation to delegate authority to the General 

Manager or not proceed with the granting of delegation. 

PAGE 98


Economic 

Meeting Date: 16/02/2011 - Economic 

___________________________________________________________ 

Item 37 

Subject INTERSTATE TRAVEL - QANTAS AUSTRALIAN TOURISM 

AWARDS 

Director TONY LEAHY (C&BS) 

___________________________________________________________ 

To consider a proposal that Linda Hall, Manager Tourism & Events represent Port 

Macquarie-Hastings Council at the Qantas Australian Tourism Awards in Western Australia in 

March 2011. 


That approval be granted to Linda Hall, Manager Tourism & Events represent Port 

Macquarie-Hastings Council at the Qantas Australian Tourism Awards from 11-13 

March 2011. 

Discussion 

The Qantas Australian Tourism Awards will be held at Burswood Entertainment Complex, Perth 

on Friday, 11th March 2011. 

Port Macquarie-Hastings Council's Corporate & Business Services (Tourism & Events) is a 

finalist in the National Awards. The tourism section of Council won the Gold award for 

destination marketing at the NSW StateTourism Awards held in November last year. As a 

result, Council is now a NSW finalist in this category at the Australian Tourism Awards. 

Attendance at the presentation will provide opportunity for Council promote the successful 

outcomes of its work in tourism marketing. 


Growth in the tourism industry is a key element of Council's economic focus area. 

Consultation 

Consultation has taken place with the Acting Director - Corporate & Business Services - Trevor 

Sargeant. 



PAGE 99


The cost are as follows 

Airfares $1291.09 

Awards $199.00 

Accomm $400.00 

-------- 

Total $1890.09 


The cost of the Conference will be funded from Tourism & Events Operational Budget. 

Options 

Council has the option of not endorsing Interstate travel. 

PAGE 100

Ordinary Council Meeting - Hastings Council - NSW Government

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