Chair: Tr Barry Longland
Trustees: M Armstrong G Bagnall C Byrne K Milne W Polglase P Youngblutt
Agenda
Tweed Coast Reserve Trust Meeting Thursday 15 November 2012
held at Murwillumbah Cultural and Civic Centre commencing at 5.45pm
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Items for Consideration of the Trust:
ITEM PRECIS PAGE
CONFIRMATION OF MINUTES 5
1 [CONMIN-TCHP] Confirmation of the Minutes of the Ordinary Tweed Coast Reserve Trust Meeting held Tuesday 25 September 2012
5
REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST/GENERAL MANAGER
7
REPORTS FROM DIRECTOR ENGINEERING AND OPERATIONS 7
2 [EO-TCRT] Tweed Valley Sailing Club 7
CONFIDENTIAL MATTERS 19
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CONFIRMATION OF MINUTES
1 [CONMIN-TCHP] Confirmation of the Minutes of the Ordinary Tweed Coast Reserve Trust Meeting held Tuesday 25 September 2012
UNDER SEPARATE COVER/FURTHER INFORMATION:
To view any "non confidential" attachments listed below, access the meetings link on Council's website before the meeting) or Council's libraries (from Monday the week of the meeting).
1. Minutes of the Ordinary Tweed Coast Reserve Trust Meeting held Tuesday 25 September 2012 (ECM 56920477).
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REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST/GENERAL MANAGER
REPORTS FROM DIRECTOR ENGINEERING AND OPERATIONS 2 [EO-TCRT] Tweed Valley Sailing Club
SUBMITTED BY: Recreation Services
SUMMARY OF REPORT:
At its meeting held 20 March 2012, Council considered a report regarding the Tweed Valley Sailing Club and their endeavours to secure a site in Fingal to construct a fenced, hardstand area to provide storage for members dinghies.
Council resolved to support, in principle, the use of a section of road reserve in Fingal dependent upon the Club demonstrating the support of the local community. Notification of the proposal was advertised inviting comment. The majority of submissions received were against the proposal (17-4), generally in relation to issues associated with the site and not issues with the Sailing Club.
The preferred location of the Sailing Club in their initial submission is a cleared area within the Fingal Boat Harbour. This area is Crown land and the advice from the Land and Property Management Authority (LPMA) was that they would not support a facility at this site. As a result of the feedback from the consultation the LPMA reconsidered its position and will provide owner's consent to a development application provided Council, as Trust Manager, authorises the use.
RECOMMENDATION:
That the Trust authorises the use of an area within the Fingal Boat Harbour as described in this report for the Tweed Valley Sailing Club to construct a dinghy storage facility.
REPORT:
Background:
At its meeting held 20 March 2012, Council considered a report regarding the Tweed Valley Sailing Club (the Club) and their endeavours to secure a site in Fingal to construct a fenced, hardstand area to provide storage for members dinghies (letter reproduced below).
Council resolved to support, in principle, the use of a section of road reserve in Fingal for the use of the Club dependent upon demonstrating the support of the local community.
Notification of the proposal was advertised inviting comment. The majority of submissions received were against the proposal (17-4), generally in relation to issues associated with the site and not issues with the Sailing Club.
AGAINST (17 submissions)
Issues Comments No
a. Localised flooding Photo's submitted ECM49798755.
Stated water is not tidal and part of the local stormwater run off and catchment area.
9
b. Eye sore The entrance into Fingal is renown for
natural green vista and other landscapes contribute to the visual character and identity of Fingal Head
9
c. Vandalism Risk 1
d. Club would be built at the expense of Fingal Residents
1 e. Degradation of the natural ecosystem 1. Proposed site includes significant
stand of Melaeluca and Casuarina species, site supports an ecosystem that includes frog breeding in the hollow that frequently floods.
2. Natural water course and close to protected littoral rainforest
3. Proposal indicates construction where trees would need to be removed.
4
f. Fails to satisfy the functional requirements for dinghy storage
1. Significant leaf-litter making storage difficult and unsightly.
2. Localised flooding (recorded against a. above).
1 1 g. Adverse impact on the amenity of the
general community and residents of Bamberry St
Community
1. Poorly funded dinghy storage facilities almost universally end up as a set of unsightly sheds and fenced enclosures that become a holding ground for un-used and uncared for hulls, masts and general sailing debris.
1
on the cultural and environmental significance of Fingal Head.
Ignorance highlighted by the Club claiming that people need further encouragement to use the waterway, when the boat harbour is full every weekend with boat enthusiasts.
Residential
1. Access paths into residential property would be restricted by the presence of the fenced facility.
2. Increased noise impacts due to the set-up, take down and repair of dinghies.
3. Reduction in land value bordering the proposed site.
4. Unacceptable that a green area be wired off and a facility like this be built for a for a small section of people.
2 2
2
2 2 4
h. Parking/Traffic 1. New facility would increase demand for more parking and increase vehicle, trailer and pedestrian traffic across a main road.
2. Sailors would be tempted to cross the road with dinghies and paraphernalia at a point where visibility from cars is most restricted due to a blind corner.
4
10
i. Impact on Roads The roads into Fingal particularly around Old Boat Harbour are already badly damaged with potholes that are never fixed properly.
3
FOR (4 submissions)
Issues Comments No
Affordable for parents The Club provides children's lessons for a gold coin donation
2 Community benefit by way of people
exploring new sports and skills
Closest sailing club is Southport and Brisbane which is beyond the reach of many locals.
3
Tweed River is a fine body of water to sail on
It's relatively sheltered and wide enough to accommodate all users.
2 Aesthetic value 1. "the sight of white sails elegantly
2. Communities surrounding yacht marinas and local business enhances environment, increases property prices and improves the
"liveability" of the area.
Good use of proposed land 2
In their initial submission the Sailing Club identified three potential sites with the preferred location being a cleared area within the Fingal Boat Harbour (figures 1 and 2). This area is Crown Land, being part of Crown Reserve No 1001008 Lot403//755740. The advice from the Land and Property Management Authority (LPMA) was that they would not support a facility at this site, mainly due to concerns at setting a precedent for use of Crown Land for such facilities.
Proposal:
As a result of the feedback from the consultation which included comment from the Fingal Head Community Association that they support the Sailing Club constructing a facility, but at the Boat Harbour site, further discussions were held with the LPMA. The LPMA reconsidered its position and will providers owners consent to a development application provided Council, as Trust Manager, makes several determinations in the first instance as follows:
1. That the use is consistent with the reserve purpose and does not contravene Section 114(2) Crown lands Act;
Comment: The reserve purpose is Public Recreation and Environmental Protection with which the proposal is considered consistent. Section 114(2) of the Crown Lands Act refers to an adopted plan of management for a reserve in that no operations may be undertaken on or in relation to the reserve unless that are in accordance with the plan. The Tweed Coast Regional Crown Reserve Plan of Management (the plan) was adopted by the Minister for Lands in 2010. With reference to the Fingal Boat Harbour site the plan states:
"Any future development of the Fingal Peninsula Boat Ramp facility is to be consistent with the existing use and development."
It is considered that the proposal is consistent with the use and development of this site.
2. If so, whether the Trust is prepared to authorise the use;
3. If so, what the market rent is and how and why that should be rebated;
Comment: The Crown lands Act (the Act) requires that the market rent for Crown land be determined for the purposes of a lease. Section 151 of the Act enables the Minister to grant a rebate in respect of a prescribed class of holder or in respect of a holding which is used for prescribed purposes. Section 43 of the Crown Land Regulations state:
"For the purposes of section 151 of the Act, the following classes of holder and the purposes for which a holding may be used, are prescribed:
(b) a community service, sporting or recreational organisation:
(i) that is the holder of an authority under t (ii) that is incorporated under the
(iii) that the Minister is satisfied is a non-profit organisation, whose holding is used as a help or service facility of benefit to the general community or as an active sporting, passive recreational or youth advancement facility of general benefit to a local community,"
Section 141A of the Act states that the annual rent is not in any case to be less than the minimum rent. Section 141 A prescribes the minimum rent at $350.00
The subject site is zoned 6(A) under the 2000 LEP and RE1 under the draft 2011LEP.
Under this zoning this proposal is permissible with consent.
It appears there are no impediments to the Club lodging a development application to construct the fenced storage area at the boat harbour site provided Council, as Trust Manager, authorises the use.
Storage Site Details:
The proposal is to construct a fenced area of a size and shape appropriate for the location.
The hardstand will be built to Council requirements with the Club at this stage intending a gravel surface enclosed by a 2.4m high chain wire fence with double gates for access.
The purpose of the storage facility is for the storage of dinghies as seen in the photo below.
It is anticipated that the smaller dinghies will be stored directly on the ground and on low profile beach trolleys with a small minority being on road trailers. It is not the Club's intention to have any form of stacking facility for sailing dinghies at the Fingal location.
Figures 1 and 2: Three site options considered by the Tweed Valley Sailing Club in their initial submission (Top). Proposed site within Fingal Boat Harbour (bottom).
Photos 1 and 2: Site of proposed Tweed Valley Sailing Club dinghy storage area.
OPTIONS:
1. The Trust can authorise the use of the site within the boat harbour for use by the Tweed Valley Sailing Club (subject to receiving development approval).
2. The Trust can request the Tweed Valley Sailing Club to advertise the proposal for comment prior to considering authorisation of use of the site.
3. The Trust, in its capacity as Council can approve the use of the road reserve site that was the subject of the original report and consultation process.
4. The Trust can notify the Tweed Valley Sailing Club that they do not authorise the use of the Crown Land Reserve in Fingal harbour for construction of a dinghy storage area.
CONCLUSION:
The resolution from the report considered by Council at its March meeting indicated that Council, in principle, supported the Club's endeavours to find a suitable location to create a storage facility in Fingal. The consultation process demonstrated concern from within the community for a facility to be located at the proposed site within the road reserve for a number of reasons, largely related to impacts on amenity and neighbours plus issues of flooding and safety. Few submissions identified issues with the Club or their operations.
As discussed earlier, the site within the boat harbour was the Club's preferred site and is the site supported by the Fingal Head Community Association. A consideration for the Trust is the same as the concerns initially expressed by the LPMA, that is, the setting of precedents by approving the use of this land for this purpose. Whilst no other similar requests have been received at this point in time, there may be a number of other organisations that could mount similar justification.
As the proposal for a dinghy storage facility has already been the subject of a consultation process, the Trust may consider authorising the use of the site within the Fingal boat harbour understanding that a development application will be required and through this process the proposal will be considered on its merit and the community and other stakeholders will be provided a further opportunity to comment.
COUNCIL IMPLICATIONS:
a. Policy:
Corporate Policy Not Applicable.
b. Budget/Long Term Financial Plan:
Nil.
c. Legal:
Not Applicable.
d. Communication/Engagement:
Consult-We will listen to you, consider your ideas and concerns and keep you informed.
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:
2 Supporting Community Life
2.3 Provide well serviced neighbourhoods
2.3.6 Provide conveniently placed and well equipped parks, sporting, recreational, cultural and community facilities
UNDER SEPARATE COVER/FURTHER INFORMATION:
Nil.
CONFIDENTIAL MATTERS Nil.
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