Council - Tuesday, 13 April 2021
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Council
An Ordinary Meeting of Lismore City Council will be held at the Council
Chambers on Tuesday, 13 April 2021 at 6pm
Members of Council are requested to attend.
Lismore City Council acknowledges the people of the Bundjalung nation, traditional custodians
of the land on which we work.
Michael Donnelly
Acting General Manager
7 April 2021
Agenda
1. Opening of Meeting
2. Acknowledgement of Country
3. Local Government – Pause for personal reflection
4. Apologies and Leave of Absence
5. Confirmation of Minutes of Previous Meeting
Lismore City Council held 9 March, 2021......................................................................................... 78
Lismore City Council held 9 March, 2021......................................................................................... 91
6. Disclosure of Interest
7. Public Access Session on Agenda Items
8. Mayoral Minute(s) and Condolence Motions
9. Notice of Rescission Motions
10. Notice of Motions
10.1 Lismore Lake Precinct ............................................................................................................ 5
10.2 Water Security........................................................................................................................ 6
11. Questions for Next Meeting
12. Altering Order of Business (Consideration of altering the order of business to debate
matters raised during Public Access)
13. Matters Arising
13.1 Endorsement of Lismore Floodplain Risk Management Study ................................................ 8
13.2 Details of all Documents Signed and Sealed under Delegation ............................................ 22
13.3 Planning Review Committee ................................................................................................ 29
14. Reports of the General Manager
14.1 Dedication of Land as Public Road - Corner of Oliver Avenue and Holland Street,
Goonellabah ......................................................................................................................... 37
14.2 Investments - March 2021 .................................................................................................... 41
14.3 Reserves Policy Review ....................................................................................................... 51
14.4 Re-Commence Debt Recovery Action .................................................................................. 59
14.5 Council Financial Report - March 2021................................................................................. 63
15. Committee Recommendations
15.1 Minutes of the Lismore Floodplain Management Committee meeting 10 February
2021 ..................................................................................................................................... 66
15.2 Traffic Advisory Committee Minutes - Meeting of 17 March 2021 ......................................... 70
16. Documents for Signing and Sealing
17. Financial Assistance – Section 356
18. Confidential Business
18.1 Acquisition of Easements and Partial Land Acquisition for Oliver Avenue Link Road -
Lismore Employment Lands Project ..................................................................................... 76
18.2 Tender T2020-24 Clyde Campbell Solar Car Park and EV Charging Station Project ............ 76
18.3 Security Services Tender ..................................................................................................... 76
18.4 Land & Environment Court Appeal - 658 Ballina Road - Subdivision to create 16
Lots ...................................................................................................................................... 77
Notice of Motions
Notice of Motion
Notice of Motion
Councillor Bill Moorhouse has given notice of intention to move:
That Council advertise for expressions of interest from persons/organisations wishing to take over the
control, management and maintenance of the Lismore Lake/old pool complex.
Councillor Comment
Outcome Sought
1. Advertise for expressions of interest for 28 days.
2. Interested parties are then given three (3) months to submit a proposal for the precinct, including:
a. How the lake surrounds can be maintained
b. How the disused pool will be upgraded
c. How water can be put back into the lake
d. How works will be funded, including any financial assistance available from Council.
3. Council will be presented with a report on how this transfer of responsibilities can take place either in
part or full for the precinct for up to five (5) years.
Cost of Implementing
Funding Source
Not identified
Staff Comment
Director Infrastructure Services
The EOI document for the Lake Pool generated from the October 2020 resolution of Council has been
drafted and is ready to progress to exhibition. This Notice of Motion would require alteration of that EOI
document to include the additions relating to Lismore Lake referred to above and then progress to public
exhibition seeking submissions within three months.
Attachment/s
There are no attachments for this report.
TRIM Record No: BP21/267:EF19/25-03
Lismore City Council
Meeting held 13 April 2021 - Lismore Lake Precinct 5Notice of Motion
Notice of Motion
Councillor Nancy Casson has given notice of intention to move:
That:
1. Lismore City Council send a clear message regarding concerns about a secure water
strategy for our region moving forward.
2. Rous County Council continue its investigations as to our access to water going into the
future.
Councillor Comment
Outcome Sought
Council support continued research to ensure water security for our region.
Cost of Implementing
Nil
Funding Source
Not required.
Staff Comment
Not required.
Attachment/s
There are no attachments for this report.
TRIM Record No: BP21/272:EF19/25-03
Lismore City Council
Meeting held 13 April 2021 - Water Security 6Matters Arising
Matters Arising
Matters Arising
Subject Endorsement of Lismore Floodplain Risk Management
Study
TRIM Record No BP21/167:EF19/234-03
Prepared by Strategic Planning Coordinator
Reason To report on the results of the public exhibition of the draft Floodplain Risk
Management Study and recommend Council endorse the Study as one input to
the Floodplain Risk Management Plan preparation.
Strategic Theme An inclusive and healthy community
Strategy Our community is safe, happy and healthy.
Action Provide responsive emergency management and emergency prevention
services.
Executive Summary
At its Ordinary meeting of 10 November 2020, Council resolved to endorse the draft Lismore Floodplain Risk
Management Study (LFRMS) for the purposes of public exhibition for at least 28 days, and to receive a report
on the outcomes of public exhibition and the final Lismore Floodplain Risk Management Study for adoption.
The draft Lismore Floodplain Risk Management Study was subsequently placed on public exhibition from 18
November 2020 to 13 January 2021, during which time 60 submissions were received.
Most submissions were via surveys completed through Council’s Your Say community engagement tool. A
copy of the survey form is attached, along with a compilation of the survey responses and copies of emailed
submissions. A summary of the issues raised by submissions along with brief staff comments are provided in
this report.
A relatively low number of submissions was received especially from residents and businesses located in the
most flood prone areas of Lismore where proposed flood risk management measures will potentially have the
greatest impact (positive and negative). The Floodplain Management Committee (FMC) agreed that there is
a need to engage more widely with the community and, rather than undertake further consultation on the
Study, to address this in the preparation of the Floodplain Risk Management Plan (FRMP).
A key theme to emerge in submissions is the desire for Council to place a much greater emphasis on nature-
based solutions in flood modification rather than structural or engineering measures. There is also a clear
concern about the negative impact that some structural measures have had and could have on parts of the
Lismore community as well as support for increased community awareness and preparedness. Along with
the push for nature-based solutions, this suggests that consideration of structural measures, such as raising
the levees, should not proceed any further.
However, removing options at this stage in the flood risk management process is not supported. This is not to
discount the very real concerns of residents but combined with the relatively low response rate and the fact
that the Study does not commit Council to adopt any particular measure, only to investigate further, it is
proposed that the recommendations of the Study should remain largely unchanged but with additional
community engagement from the beginning of the FRMP preparation. Subject to this, it is recommended that
the Floodplain Risk Management Study is endorsed by Council for the purposes of input to the FRMP.
Completion of the Study is an important step in the flood risk management process and will provide much of
the analysis to inform the preparation of the new FRMP for Lismore, which will commence in the coming
months with the assistance of a grant from the NSW state government. This report recommends that the
preparation of the FRMP commence with community engagement and that the outcomes are reported to
Council prior to proceeding to further investigation of any flood modification options.
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
8Matters Arising
Recommendation
That:
1. Council endorse the attached Lismore Floodplain Risk Management Study, as one (1) input to
the development of the Lismore Floodplain Risk Management Plan, subject to inclusion of the
recommendation below,
• The preparation of the revised Lismore Floodplain Risk Management Plan (LFRMP) by
Lismore City Council to commence with further community engagement on the Study and
its recommendations and include ongoing and regular engagement with the community
and the Lismore City Council Floodplain Management Committee.
2. Staff report back to Council the results from community engagement undertaken in point 1
prior to proceeding to further investigation of any structural flood modification options; and
3. Council note that endorsing the Study’s recommendations for further investigation of structural
flood modification options does not indicate an intention to proceed with implementation of any
option.
Background
Rous County Council, with funding assistance through the (then) NSW state government’s Floodplain
Management Grants program, engaged consultants in the second half of 2018 to prepare the Lismore
Floodplain Risk Management Study (FRMS). It was expected that the Study would be completed by
January 2020; however, the need for significant data collection, work required to calibrate the model and
an unexpected change in consultants led to delayed delivery of the draft Study.
Council’s current Floodplain Management Committee met on seven (7) occasions throughout the
preparation of the FRMS to receive updates and provide direction for the project, particularly surrounding
flood modification measures, and make recommendations to Council. The FMC meeting on 20 October
2020 endorsed the draft Study Report, subject to some changes, for consideration by Council to approve
for the purposes of public exhibition. Council subsequently endorsed the recommendations of the FMC
at its 10 November 2020 meeting and approved the draft FMRS for the purposes of public exhibition for
at least 28 days, and to receive a report on the outcomes of public exhibition and the final LFRMS for
adoption.
The draft LFRMS was subsequently placed on public exhibition from 18 November 2020 to 13 January
2021, during which time 60 submissions were received. A summary of the issues raised by submissions
along with brief staff comments are provided later in this report.
The FMC met on 10 February 2021 to consider the submissions, among other matters, and make
recommendations to Council about the draft Study. The FMC agreed to endorse the Study for the
purposes of moving to the next stage of the process. The Business Paper of that meeting and the
minutes are provided in a separate report on this Agenda.
A Councillor briefing on the outcomes of public exhibition and staff recommendations was held on 23
March 2021. At the briefing a request was made about the numbers of buildings that would be negatively
impacted by the option to raise the CBD and South Lismore levees. The Study provides the total number
of buildings affected by above floor inundation in the ‘base case’ ie prior to considering a modification
option alongside the number of buildings predicted to experience above floor inundation in the mitigated
case. The Study notes that some previously unaffected buildings may experience above floor inundation
due to the mitigation option. Further explanation is provided in the section below on Flood Modification.
Brief Overview of the FRMS
The following is a very brief overview of the Floodplain Risk Management Study, with a focus on the
recommended flood risk management measures.
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
9Matters Arising
Study Area
The study applied to the extent of flood prone land in the urban area of the Lismore LGA, specifically the
Lismore CBD, East Lismore, South Lismore, and North Lismore, and is defined by the extent of the
Probable Maximum Flood (PMF).
Flood Modelling
Flood modelling was undertaken using up to date and calibrated hydrology and hydraulic models which
were established for this Study. A joint hydrologic and hydraulic calibration of the 2017, 2013, 2012 and
1989 flood events was completed with river gauging stations on all tributaries contributing to the main
Leycester Creek and Wilsons River branches utilised to inform hydrologic timing.
The models were simulated for the 10%, 5%, 2%, 1%, 0.2% Annual Exceedance Probability (AEP) flood
events for all temporal patterns and durations as recommended by Australian Rainfall and Runoff 2019
(ARR 2019). The models were also simulated for the Probable Maximum Flood (PMF). These models
have formed the basis for the hydraulic assessment of mitigation options.
A significant part of the Study was focussed on establishing an updated and calibrated model. The jointly
calibrated URBS hydrologic and TUFLOW hydraulic models are considered to provide the most up to
date and accurate analysis of design and historical event flood behaviour for the Wilsons River floodplain
in Lismore. The importance of this work is that it provides a tool for analysis of flooding and its impacts in
which decision makers and the community can have confidence.
Flood Risk Analysis
Records indicate that approximately 30 historical flood events since 1870 in Lismore were major flood
events, with the flood height exceeding 9.7m AHD. Of these events, 12 were of a magnitude large
enough to overtop the current CBD levee, with any events exceeding 9 m AHD prior to the construction
of the levee (completed in 2005) causing flooding of residential and commercial areas in Lismore.
Due to the magnitude of the 2017 event (approximately 5% AEP in Lismore and 1% AEP in Leycester
Creek at Tuncester) and the flood immunity of the levees (approximately 10% AEP), the 2017 flood
event was of particular interest for the study. Section 5.3 of the Study report documents the design event
flood behaviour for Central Lismore, North Lismore, and South Lismore.
Flood hazard analysis was undertaken, and the 1% AEP flood hazard map is presented in Figure 5.4 of
the Study. The Study has also categorised flood hazard. Flood hazard categorisation underpins land use
planning on the floodplain, the formulation of controls on future development, property modification and
flood response and modification measures. Defining flood hazard and risk relies on a combination of
hydraulic modelling, which provides data about water levels, depths and velocity in particular locations
and across a range of flood events, and an assessment of risk based on flood behaviour, community
awareness, location of existing development and ease of evacuation.
Flood Risk Management Measures
Floodplain risk management measures are generally categorised as Flood Modification, Property
Modification and Response Modification. Tables 6.1, 6.2 and 6.3 in the Study provide a good summary
of the pros and cons of the different categories. It is noted that Council’s current Floodplain Risk
Management Plan contains a combination of these risk management measures as no single measure on
its own will mitigate risk.
Flood Modification
Flood modification measures are generally engineering based or structural in nature, although Nature
Based Solutions to flood mitigation are gaining renewed interest in Australia and Table 6.3 of the Study
provides a very brief discussion on its general pros and cons and applicability to Lismore. The Study also
recommends that further investigation of Nature Based Solutions in flood modification should occur as
an input to the Floodplain Risk Management Plan.
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
10Matters Arising
Based on a qualitative review of the options considered and in consultation with the Technical Working
Group and FMC, six (6) flood modification options are recommended for further consideration in the
preparation of the Lismore FRMP as shown on Figure 1 below.
The summary of the potential impacts of each option listed below are the results of from hydraulic
modelling, preliminary cost estimates, an initial cost / benefit analysis and a high-level assessment using
broad environmental, cultural heritage, social and economic viability criteria. More details are contained
in section 6.5 of the Study and Table 6.8 (page 102) sets out the evaluation of all six (6) options.
The simplified cost-benefit analysis only considers the number of buildings estimated to be protected and
the associated cost to construct the mitigation measure. It is a simple estimate of the capital cost for
each building shown to be protected by the mitigation measure in a 5% AEP event. The net benefit was
calculated by the difference between the number of buildings predicted to experience above floor
inundation in the base case and the number of buildings predicted to experience above floor inundation
in the mitigated case, noting that some previously unaffected buildings may experience above floor
inundation due to the mitigation option.
Note the estimate of the cost of flood damages without any mitigation options is $455.3 million in the 5%
AEP event and $732.5 million in the 1% AEP event.
Figure 1: Flood modification options
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
11Matters Arising
Option 1 – CBD levee raise to provide 5% AEP flood immunity
This option is to raise the existing CBD levee along the current alignment to achieve 5% AEP immunity.
As the levels vary along the length of the levee from approximately 12.2 m AHD at the northern end to
11.4 m AHD at the southern end, this represents an average raise of between 200 and 400 mm along
the entire length of the levee. It is noted that localised locations of lower elevations will require a larger
raise, notably in the northern-most extent of the levee adjacent the Browns Creek spillway, where a raise
of at least to 1 m would be required. This levee height should be sufficient to protect against flood events
in the magnitude of the 1887 and 2017 flood events (and of course all events up to the 5% AEP), but
events larger than this such as the 1880, 1889, 1956 and 1974 flood events would be expected to
overtop the levee.
Potential Impacts
The estimated preliminary cost of this option is $809,000 and it is predicted to result in the following
outcomes:
• If the levee is not extended, potentially through a flood gate arrangement at Molesworth Street, minor
flooding is expected to still flow into the CBD along Browns Creek.
• Apart from the northern inundation, the CBD is flood free in the 5% AEP flood event. Note that
localised flooding is not represented.
• Three (3) hours of additional evacuation time for the CBD in the 1% AEP event. In the 5% AEP event,
the net benefit would be 102 buildings protected from above floor inundation and in the 1% AEP
event, 53 buildings.
• In the 5% AEP event, flood levels are expected to increase throughout the remainder of the
floodplain. Most properties in North Lismore would experience an increase in flood levels varying from
60-90mm. In South Lismore, flood levels are expected to increase between 70-90 mm. Note that a
small number of buildings predicted to experience inundation above floor level under this option would
not experience above floor level inundation in the base case. Map B2 in Appendix B depicts the
spread of anticipated impacts.
• For the 1% AEP flood event, no tangible impacts were observed in North and South Lismore and
flood levels in the CBD flood levels would be reduced by around 90 mm.
• Reduction in flood damages in the 5% AEP event is estimated to be $266.2 million. In the 1% AEP it
is estimated to be $16.8 million.
Option 2 – South Lismore levee raise to provide 5% AEP flood immunity
This option is to raise the existing South Lismore levee along the current alignment, to achieve 5% AEP
immunity. The levels would vary down the length of the levee from approximately 12.6 m AHD at the
northern end to 11.8 m AHD around Hollingworth Creek. Relatively, this represents an average raise of
between 200 and 500 mm along the levee.
Potential Impacts
The estimated preliminary cost of this option is $209,000 and it is predicted to result in the following
outcomes:
• Reductions in flood levels throughout South Lismore of between 40-400 mm in the 5% AEP and 30-
190 mm in the 1% AEP. These are depicted in Map B3 in Appendix B.
• In the 5% AEP event, the net benefit would be 14 buildings protected from above floor inundation and
in the 1% AEP event, 11 buildings.
• North Lismore is predicted to experience increases in flood level of up to 15-20 mm in the 5% AEP
and 1% AEP flood events. Refer to Map B3 in Appendix B noting that not all properties contain
buildings.
• Reduction in flood damages in the 5% AEP event is estimated to be $5.8 million. In the 1% AEP it is
estimated to be $4.4 million.
Option 3 – Excavate to increase Wilsons River conveyance at 389 Keen Street
This option is similar in theory to the previously completed works adjacent to Bunnings. The option
considered excavating the land at 389 Keen Street, which is on the eastern bank of Wilsons River, by 1-
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
12Matters Arising
3m down to 4.9m AHD. The intent of the option is to increase conveyance downstream of Lismore, by
reducing the constriction at the bend through excavation. The layout of the option is shown in Figure 3.
Potential Impacts
The estimated preliminary cost of this option is $5,245,000 and it is predicted to result in the following
outcomes:
• For the 5% AEP flood event, flood level reductions are expected in the CBD of 50mm, South Lismore
of 30-60mm and North Lismore of 40mm. Adverse impacts of up to 50mm were observed immediately
surrounding the excavation area at 389 Keen Street and south of Three Chain Road (20 mm).
• For the 1% AEP flood event, flood level reductions are expected in the CBD of 50-60mm, South
Lismore of 30-70mm and North Lismore of 30mm. Isolated impacts around Lismore Lake of around
30mm were observed as well as negligible impacts of less than 10mm west of the Bruxner Highway.
• Downstream flood level impacts extend for less than 1.5 km south of the excavation area and
changes to existing flood velocities are limited to within and immediately surrounding the excavation
area. Based on the modelling results, downstream erosion impacts due to excavation induced velocity
increases are not expected.
• In the 5% AEP event, the net benefit would be 18 buildings protected from above floor inundation and
in the 1% AEP event, 42 buildings.
• Reduction in flood damages in the 5% AEP event is estimated to be $12.6 million. In the 1% AEP it is
estimated to be $16.5 million.
Option 4 – Removal of Kyogle Road railway embankment and viaduct
This option would involve removal of approximately 1,200m of unused railway embankment along
Kyogle Road and viaduct to tie into surrounding ground levels.
Potential Impacts
The estimated preliminary cost of this option is $819,000 and it is predicted to result in the following
outcomes:
• Localised reductions upstream of the railway embankment in the region of 15 mm in the 5% AEP
event. Downstream, impacts of 20 mm were observed.
• For the 1% AEP flood event, the reduction in flood levels upstream of the railway embankment extend
throughout South Lismore (15 mm), North Lismore (15 mm) and the CBD (11 mm). The downstream
increases in flood levels range from 20 to 150 mm.
• In the 5% AEP event, the net benefit would be 0 buildings protected from above floor inundation and
in the 1% AEP event, 8 buildings.
• Reduction in flood damages in the 5% AEP event is estimated to be $0.6 million. In the 1% AEP it is
estimated to be $4 million.
• On its own this option does not provide a net benefit in terms of dwelling inundation; however,
consideration of this option in combination with other options, notably Option 2 and 5, is
recommended.
Option 5 – Increase conveyance at key hydraulic controls
This option represents upgrades to key hydraulic controls downstream of Lismore to increase
conveyance through South Lismore. The option would involve widening the existing bridge or increasing
the number of culverts at crossings. The three locations considered for upgrades are the bridge crossing
at Bruxner Highway south of Caniaba Road (approximate 40m widening), the culvert crossing at
Caniaba Road (approximate 40m widening) and the parallel adjacent bridge crossings at Krauss Avenue
and Bruxner Highway (both approximate 10m widening). The location of the controls is shown in Figure
1 above.
Preliminary Cost and Potential Impacts
The estimated preliminary cost of this option is $8.9 million, and it is predicted to result in the following
outcomes:
• In the 5% AEP flood event, reductions of up to 180 mm downstream of Three Chain Road. Minor
localised impacts downstream of the Bruxner Highway in the order of 12 mm were also observed.
Benefits were more widespread in the 1% AEP flood event, with reductions of 25 mm observed in
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
13Matters Arising
South Lismore, 12 mm in North Lismore and 20 mm in the CBD. Minor localised impacts downstream
of the Bruxner Highway in the order of 20 mm was also observed.
• In the 5% AEP event, the net benefit would be 0 buildings protected from above floor inundation and
in the 1% AEP event, 20 buildings.
• Reduction in flood damages in the 5% AEP event is estimated to be $0.3 million. In the 1% AEP it is
estimated to be $6.6 million.
• On its own this option does not provide a net benefit in terms of dwelling inundation but is expected to
improve flood immunity of relevant roads; however, consideration of this option in combination with
other options, notably Option 2 and 4, is recommended.
Option 6 – Combined option, that is implement Options 1 to 5
This is an option that would combine the previous five (5) flood modification into a single option. These
options are all shown on Figure 1 above.
Potential Impacts
The estimated preliminary cost of this option is $14.277 million, and it is predicted to result in the
following outcomes:
• Areas negatively impacted in the 5% AEP flood event included North Lismore (70 mm), a significant
portion of South Lismore (30-70 mm), Lismore airport buildings (40 mm) and the development located
south of Lismore Lake (50 mm).
• Areas negatively impacted in the 1% AEP flood event generally included uninhabited areas upstream
of the South Lismore levee.
• Areas where flood levels are expected to reduce in the 5% AEP flood event include South Lismore
(15-400 mm) and the area west of the Bruxner Highway and south of the airport (40-110 mm).
• Most of the CBD is flood free in the 5% AEP flood event and there are properties along Caniaba
Street downstream of the South Lismore levee that are also flood free.
• In the 1% AEP flood event, reductions in flood levels are expected throughout the floodplain, except
the previously identified uninhabited areas upstream of the South Lismore Levee within the Leycester
Creek floodplain.
• In the 5% AEP event, the net benefit would be 119 buildings protected from above floor inundation
and in the 1% AEP event, 130 buildings.
• Reduction in flood damages in the 5% AEP event is estimated to be $277.3 million. In the 1% AEP it
is estimated to be $44.7 million.
Other Flood Modification Options
The Study also recommends, following endorsement by the FMC and Council, that additional mitigation
options be investigated and modelled as part of the Lismore FRMP to reduce flows in the Wilsons River
at Lismore. Options include narrowing of Leycester Creek downstream of Booerie Creek and associated
downstream channel works through South Lismore, and an upstream retention structure.
A member of the Community Reference Group has also presented detailed proposals for flood mitigation
throughout the catchment. These proposals have not been subject to any investigation by the FMC or
the Study. They are provided as attachments to this report.
Property Modification
Property modification relates to land use planning (zoning and development control), voluntary house
purchase (VHP) and voluntary house raising (VHR), all of which have proven effective in reducing flood
risk in Lismore for many years. The categorisation of flood hazard (e.g. floodway, high risk) underlies the
zoning of land and the application of development controls. The Study found that Council’s LEP and
DCP apply adequate controls to development and flood risk management is reflected in the zoning of
land. The Study recommends that these measures are reviewed and updated to reflect latest flood
hazard categorisation information.
Lismore has one of the oldest VHP schemes in the state and it has been effective in removing dwellings
from the most hazardous areas of the floodplain. VHR has also been in place for some years and
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
14Matters Arising
reduces flood risk damage, insurance costs and community and personal trauma. Since the 2017 flood
there has been renewed interest from property owners in VHR. There is inadequate state and federal
government funding for both schemes. The Study recommends that Lismore City Council and Rous
County Council advocate for more funding. In addition, it recommends that eligibility criteria for VHR and
VHP are reviewed along with consideration of potential solutions for affordable relocation of residents
who seek to take up voluntary house purchase.
Response Modification
Response modification measures generally relate to emergency management before and during flood
events, including flood prediction and warnings and community flood awareness and readiness. These
measures will continue to be an integral component of flood risk management in Lismore. The Study
recommends that the updated model is provided to the Bureau of Meteorology for consideration for use
and that the SES in conjunction with the BoM review the flood warning systems for Lismore.
Public exhibition and submissions
The draft LFRMS was on public exhibition from 18 November 2020 to 13 January 2021, during which
time 60 submissions were received. The majority of these were via surveys completed through Council’s
Your Say community engagement tool. The survey responses have been compiled into a report, which is
attached along with a copy of the survey form and a community information brochure that was part of the
exhibition material. Also attached are copies of emailed submissions.
Table 1 below provides sets out the numbers of responses to each survey question, a summary of
issues raised in ‘other’ comments and emails and a brief comment from staff.
Table 1: Summary of survey responses - Draft Lismore Floodplain Risk Management Study
Q1 Asked to select which mitigations options should be considered further No.
Increased conveyance around airport roads 16
Removal of Kyogle Rd railway embankment 14
Excavating the Wilsons River 14
South Lismore Levee Raise 10
Combination of Options 1 to 5 9
Narrow Leycester Creek downstream of Booerie Creek 7
CBD Levee Raise 7
Other: 34
Mentioned Nature Based Solutions, Watershed Initiative…. 27
Options 1 to 7 would make it worse 3
Better flood warning and or education \ awareness 3
More management of flood affected land by Council to reduce occupation 1
Comments on responses to Q1:
• Structural flood modifications are not supported in these responses.
• If structural flood modifications are implemented, levee raising is not generally supported.
• Nature Based Solutions and the Northern Rivers Watershed Initiative have strong support.
Q2 Asked to rate support for each of the 7 options
‘Not Supportive’ to some degree of the CBD levee raise. 72%
‘Not Supportive’ to some degree of the South Lismore levee raise. 60%
‘Not Supportive’ to some degree of the Increased Wilsons River conveyance. 57%
Removal of the Kyogle Road rail embankment 50%
split
‘Supportive’ to some degree of the conveyance increases on the roads around the airport. 53%
‘Not Supportive’ to some degree of the combination of Options 1 to 5. 71%
‘Not Supportive’ to some degree of the narrowing of Leycester Creek. 53%
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
15Matters Arising
Comments on responses to Q2:
• Larger scale structural flood modifications, particularly levees are not supported
• If structural flood modifications are implemented, small changes only to help water move through the
Kyogle Road railway embankment and around the airport appear to be acceptable
Q3 Asked to rate support for the mix of measures available to address flood impacts
Chose Flood Warning \ Emergency Response 38
Chose Voluntary House Raising (VHR) \ Voluntary House Purchase (VHP) 32
Chose ‘A Combination of all the Measures’’ 15
Chose ‘Flood Modification Measures’ 7
Comments on responses to Q3:
• The low approval for the proposed flood modification measures show that structural flood modifications are
not supported in these submissions. Strong support for VHR / VHP and community preparedness was
indicated although there was little support expressed for the recommendation to increase funding to the
VHR / VHP programs.
Q4 Asked to rate agreement with a statement
‘Further Investigation of Nature Based Solutions’. 93%
Community awareness of floods is important to reduce their impact’. 97%
‘…concerned about the impacts on some parts of the Lismore community, as a result of protecting 95%
other parts of Lismore through raising levees’.
‘…concerned about the economic implications of future flooding similar to 2017’. 86%
Comments on responses to Q4:
• Regardless of submitters views on other flood matters, most people support further investigation of Nature
Based Solutions for flood mitigation.
• Most submitters are also concerned about the impact on others of new flood modifications measures.
• There is strong support for community awareness and preparedness.
Q5 Asked if they thought a flood mitigation option had been missed from the Study
Yes 66%
Nature Based Solutions, Watershed Initiative, consider in the long term, slowing water from 32
Leycester Creek coming into the town centre
Big Airport Channel \ Leycester Creek bypass 4
More Education \ Preparedness \ Emergency Response 4
Move People and businesses out of flood affected areas 2
North Lismore Flood Prevention Plan 1
Remove the Levee 1
Return Browns Creek to a natural condition 1
Monaltrie \ Wyrallah residents raised the water velocity, river erosion and change in behaviour for 5
the 2017 flood following the excavation of the riverbank alongside Bunnings
Comments on responses to Q5:
Again, there is clear support for increased consideration of Nature Based Solutions upstream.
Q6 Asked for Additional Comments
Nature Based Solutions, Northern Rivers Watershed Initiative, whole of catchment approaches to 16
retaining water in the soil
Protect all residents \ concerns over impacts on South Lismore and North Lismore of increasing 10
levee heights
Stop filling floodplain & narrowing floodway – put development outside the floodplain 6
More Education \ Preparedness \ Emergency Response 5
Downstream erosion \ velocity concerns 3
Rail Trail impacts – removing the rail embankment for minimal impact not justified. 2
Impact of floodwater held back by the South Lismore levee on pasture – major financial losses 2
Retreat to safer ground 1
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
16Matters Arising
Involving Traditional Custodians for advice 1
Lack of downstream resident consultation & no consideration for impacts of flood risk measures on 1
downstream properties
Leycester Creek diversion needed 1
Flawed flood modelling e.g. does not take account runoff from the Caniaba area 1
Financial assistance for house raising 1
Comments on responses to Q6:
• A clear message in the additional comments is for Council to take a broader look at solutions beyond
structural / engineered measures in the Lismore urban area as these only respond to the water once it
reaches the town. A long-term resident of North Lismore notes that the plantings that have occurred in
Slaters Creek has decreased the velocity of water significantly.
• In addition, the benefits of increasing the height of the CBD and South Lismore levees to some properties is
outweighed by the detrimental impacts on residents and properties outside the levee, notably in North
Lismore and South Lismore. There is a strong view expressed that preparedness and awareness is one of
the most important factors in avoiding flood damage and the disaster in 2017 could have been avoided if
there was better preparation and knowledge especially by CBD businesses.
Conclusions
Submission response
60 submissions are a relatively low response to a Study of this nature. Additionally, only a small number
of business owners, who could be expected to have an interest in measures that potentially have a
substantial impact on flood outcomes, responded. Of the 60 submissions received:
• 11 identified as business owners
• 41 identified as residents
• 7 identified as non-residents
There was also a low response from people in the most flood affected suburbs of Lismore. Submissions
came from 22 different localities with the highest numbers from North Lismore (7), Whian Whian (6),
South Lismore (5), Dunoon (4), Monaltrie (4) and Lismore Heights (4).
It is possible that the combined impact of a difficult operating year for businesses and residents due to
COVID and the timing of the public exhibition period meant that businesses and residents did not have
the time or capacity to make a submission.
Regardless of the number, most submissions included well-considered and constructive comments
about the way forward, generally based on evidence and experience. Submitters also acknowledged the
complexity of flooding in Lismore and the challenges of developing responses that don’t ‘favour’ one
area over another.
The relatively low number of submissions and the low response from businesses and people living in the
most flood affected areas is a concern and shows that additional community engagement is warranted.
This will not only increase the awareness of the community about the proposals being considered to
mitigate flood impacts but can also be expected to improve community knowledge.
However, rather than undertake further exhibition of the draft Study report it is recommended that
engagement with the community should occur from the start of and throughout the preparation of the
new Flood Risk Management Plan, which is the next phase in the flood risk management process. It is
also recommended that staff report back to Council following the initial community engagement.
Structural Flood Modification
The survey shows that respondents are concerned about some of the options that involve modification of
flood behaviour through structural measures (including excavation), in particular the impact of levee
raising on some parts of the community, notably North Lismore and South Lismore. The Study does not
recommend implementing any of the options but provides an analysis of each based on the results of
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
17Matters Arising
hydraulic modeling (only in the 5% and 1% events), a simplified cost / benefit analysis and a high-level
evaluation of environmental, economic viability and social impacts. The Study does recommend
undertaking further investigation of the options based on the results of the preliminary assessment.
Additionally, prior to proceeding with any further investigation of the structural flood modification options
in the FRMP, it is recommended that staff report back to Council on the results of the community
engagement that will occur at the commencement of the FRMP preparation.
Nature based solutions (NBS)
Table 6.3 in the Study provides a very brief discussion on the general pros and cons of NBS and its
applicability to Lismore. The Study recommends that, ‘additional flood mitigation using Nature Based
Solutions (NBS) be investigated as part of a separate study’. Submitters to the draft Study expressed
disappointment that greater consideration had not been given to NBS. The FRMS does not include any
detailed analysis about NBS as it was not part of the original brief for the project so was not budgeted for
and is an area that has had limited investigation in Australia.
An in-depth literature review on adopting Nature Based Solutions for Flood Mitigation is currently
underway by Dr Mitchell Kirby from Southern Cross University. This was initiated by some members of
the FMC who obtained funding from Rous County Council, Richmond Landcare Inc, Border Ranges
Richmond Valley Landcare Network, Whian Whian Landcare, Monaltrie Landcare, Soilcare and private
donors.
Dr Kirby has prepared a ‘community information paper’ that defines NBS as ‘a collection of actions that
utilise or mimic natural processes to solve economic, social, and environmental issues’. The paper is
provided as an attachment to this report. The solutions can be grouped into 1) afforestation and riparian
vegetation management, 2) wetland restoration and water retention, and 3) ‘re-naturing’ ie de-culverting
and removal of built infrastructure.
One of the difficulties in assessing NBS in flood modification is that it is hard to determine a definitive
protection that they provide, unlike structural ‘hard’ engineering flood modification. It is only in recent
years that more Australian research has been emerging into NBS. While the biodiversity and soil
productivity benefits of increased vegetation cover and retaining water in soil are reasonably clear there
is limited Australian research and evidence into its role in flood mitigation. This needs to be resolved with
further investigation and computer modelling, which is proposed to occur in the preparation of the FRMP.
The outcomes of the literature review will also inform the FRMP.
Community awareness and preparedness
Submissions were also clear about the importance of community awareness and preparedness. There is
a concern that levees have led to complacence and increasing their height could only exacerbate this
and lead to greater losses and devastation than was experienced in 2017. People who have lived
through floods in Lismore over many years believe that the impacts of flooding on the community have
got worse due to lack of knowledge, preparedness and insufficient or inadequate flood warnings.
Recommendation
The concern about the negative impact that some structural measures have had and could have on parts
of the community along with the desire to have an increased emphasis on nature-based solutions,
suggests that consideration of some of the structural measures should not proceed any further.
However, removing options at this stage or favouring one option over another is not supported.
It is important to remember that the Study represents the first step in a process and does not commit
Council to any course of action, except to undertake further investigation. More detailed review and
analysis of options will occur throughout the preparation of the Flood Risk Management Plan, and it is
the measures that are incorporated in the Plan that will be implemented by the Council.
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
18Matters Arising
The importance of community education and preparedness and the need for good warning and
evacuation systems is already included, as is a recognition of Nature Based Solutions and the need for
further research and analysis as an input to the FRMP.
It is proposed that the recommendations of the Study should remain largely unchanged but with
additional community engagement at the outset of the preparation of the FRMP. The Study’s
recommendations are listed below for ease of reference.
Study Recommendations
1. The robustness of the hydrologic component of the calibration be improved by further development of rating
curves for key river gauging stations. This would include calibration of previously developed TUFLOW local models
for gauging stations to manually gauged events.
2. The calibration approach for future flood studies should consider integrated hydrologic and hydraulic calibration,
including consideration for the greater Richmond River catchment. To improve the available data for such
calibration, continued collaboration with the Bureau of Meteorology should be sought to maximise synergies
between the organisations.
3. A detailed cost benefit analysis be undertaken including a comprehensive flood damage assessment utilising the
updated DPIE damage curves once released. Survey of missing building floor levels should also be captured, and
funding sought to undertake the survey.
4. The Lismore City Local Flood Plan be updated with flood information from this Study and a review of the total
flood warning systems and flood response measures be undertaken. The review should include consideration for
vulnerable members of the community (including hearing impaired persons) where evacuation assistance is
required. A review of gauge locations should also be undertaken as part of the review.
5. A review and update of the Lismore LEP and DCP be undertaken with consideration for flood information
provided in this Study.
6. Further investigation of the preferred mitigation measures from this Study to be undertaken as part of the
Lismore FRMP development. Levee sections not previously surveyed should be captured and incorporated into the
hydraulic modelling undertaken as part of the development of the Lismore FRMP.
7. Further assessment of levee modification works be undertaken including optimisation of levee heights with
consideration for overtopping locations, evacuation (increasing response time), desired flood immunity for
protected areas, and managing consequential flood impacts.
8. Additional flood mitigation using Nature Based Solutions (green infrastructure) be investigated as part of a
separate study to inform the Lismore FRMP. RCC and LCC to seek funding for this study.
9. The list of eligible properties in the voluntary house raising and purchase schemes be reviewed based on the
updated flood information from this Study and that dedicated funds be sought to continue purchasing and raising
houses. The list of properties should also be updated following the development of the Lismore FRMP.
10. Additional mitigation options be investigated and modelled as part of the Lismore FRMP to reduce flows in the
Wilsons River at Lismore. Options include narrowing of Leycester Creek downstream of Booerie Creek and
associated downstream channel works through South Lismore, and an upstream retention structure.
11. The outcomes from this Study be used in the development of the revised Lismore FRMP including
consideration for prioritisation and implementation of proposed measures.
12. The preparation of the revised Lismore FRMP by Lismore City Council to commence, with further community
engagement on the Study and its recommendations. This is to include ongoing and regular engagement with the
community and the Lismore City Council Floodplain Management Committee.
Alternative resolution
Council Briefing
On 23 March 2020 at a Council briefing prior to this report coming to Council, staff advised that this
report recommends endorsing the Study for the purposes of proceeding to the next stage in the process.
However, if Council did not wish to proceed with further investigation of any of the flood modification
options that hydraulic modeling indicates will increase flood levels and the adverse impacts of flooding
on parts of the community, an alternative resolution would be provided for consideration. One option is
set out below for consideration.
That Council:
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
19Matters Arising
1. Endorse the attached Lismore Floodplain Risk Management Study, as one (1) input to the
development of the Lismore Floodplain Risk Management Plan, subject to:
a) Excluding further investigation of flood modification options that involve increasing the height of
the CBD and South Lismore levees to achieve 5% AEP flood immunity, that is, Options 1, 2 and
6;
b) Inclusion of an additional recommendation as follows,
• The preparation of the revised Lismore Floodplain Risk Management Plan (LFRMP) by
Lismore City Council to commence with further community engagement on the Study and its
recommendations and include ongoing and regular engagement with the community and the
Lismore City Council Floodplain Management Committee.
2. Note that endorsing the Study’s recommendations for further investigation of structural flood
modification options does not indicate an intention to proceed with implementation of any option.
Comments
Finance
There are no financial implications at this stage. Council and Rous County Council have already
allocated funds to match the state government’s floodplain grant for the Floodplain Risk Management
Plan.
Other staff comments
Not required.
Public consultation
The draft Floodplain Risk Management Study was placed on public exhibition from 18 November 2020 to
13 January 2021. Submissions to the Study have been discussed in this report and are provided as an
attachment. Further community engagement will occur on the Study’s recommendations at an initial
stage of the Floodplain Risk Management Plan, the preparation of which will commence in the coming
months.
In addition, the current Floodplain Management Committee has met on a number of occasions with the
most recent meeting on 10 February 2021 where it agreed to recommend that Council endorse the
Floodplain Risk Management Study as one input to the Floodplain Risk Management Plan preparation.
Conclusion
Rous County Council engaged consultants in the second half of 2018 to prepare the Lismore Floodplain
Risk Management Study (FRMS). Lismore City Council’s Floodplain Management Committee (FMC) met
throughout the preparation of the Study to provide feedback and direction and endorsed the draft Study
in October 2020 for consideration by Lismore City Council to approve for public exhibition. Council
subsequently endorsed the draft Study at its Ordinary meeting of 10 November 2020, for the purposes of
public exhibition.
Public exhibition of the draft LFRMS occurred from 18 November 2020 to 13 January 2021, during which
time 60 submissions were received. The FMC met on 10 February 2021 to consider the submissions,
among other matters, and make recommendations to Council about the draft Study.
A relatively low number of submissions was received especially from residents and businesses located
in the most flood prone areas of Lismore where proposed flood risk management measures will
potentially have the greatest impact (positive and negative). The FMC agreed there is a need to engage
more widely with the community and, rather than undertake further consultation on the Study, to address
this in the preparation of the Flood Risk Management Plan (FRMP).
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
20Matters Arising
A key theme to emerge in submissions is the desire for Council to place a much greater emphasis on
nature-based solutions in flood modification rather than structural or engineering measures, such as
raising the South Lismore and/or CBD levees, which could have negative impacts on parts of the
Lismore community. While this suggests that consideration of structural measures should not proceed
any further, removing options at this stage in the flood risk management process is not supported.
The Study does not commit Council to adopt any measure, only to investigate further. It is therefore
proposed that the recommendations of the Study should remain largely unchanged but with additional
community engagement in the early stages of the Floodplain Risk Management Plan (FRMP) and
throughout the Plan preparation.
It is recommended that the FRMS is endorsed by Council as one input to the FRMP, the preparation of
which will commence in the coming months with the assistance of a grant from the NSW state
government.
Attachment/s
1.⇨ Lismore Floodplain Risk Management Study - Final (Over 7 pages)
2.⇨ Survey Responses Report redacted (Over 7 pages)
3.⇨ Lismore Floodplain Risk Management Study brochure (Over 7 pages)
4.⇨ Copy of Lismore Flood Risk Management Study survey (Over 7 pages)
5.⇨ Email submission (Over 7 pages)
6.⇨ Submission Leon Detenhoff (Over 7 pages)
7.⇨ Submission Uli Hoffmann (Over 7 pages)
8.⇨ Submission re levee height increase (Over 7 pages)
9.⇨ Short Summary Flood Mitigation proposal (Over 7 pages)
10.⇨ Lismore Food Mitigation Map proposal (Over 7 pages)
11.⇨ NBS community information sheet (Over 7 pages)
Lismore City Council
Meeting held 13 April 2021 - Endorsement of Lismore Floodplain Risk
Management Study
21Matters Arising
Matters Arising
Subject Details of all Documents Signed and Sealed under
Delegation
TRIM Record No BP21/255:EF19/22-03
Prepared by Director Infrastructure Services
Reason Resolution from ordinary Council meeting of 9 March 2021 for report to be
presented to April Council meeting.
Strategic Theme Leadership and participation
Strategy We provide effective management and responsible governance.
Action Ensure the efficient and effective operation of Council.
Executive Summary
This report responds to a Council resolution from the March 2021 meeting and clarifies the function and
use of the Council Seal and advises Councillors how Corporate Procedure 1.1.36 Use of Council Seal,
approved by the Senior Executive in February 2019 (prior to COVID in 2020) has, and is, being applied,
which resulted in a process change for signing and sealing of business documents commencing from
the end of 2018.
Councillors may have noted that there have been no items listed in the “signing and sealing” section of
the Council meeting business papers since the beginning of 2019.
Historically various business documents such as leases and licenses have been submitted to Council
for signing and sealing. However, there is no legal requirement to do so under the Local Government
Act, 1993 or Local Government (General) Regulation 2005.
Going forward, it is suggested that Councillors be notified via City Notes of legal documents signed by
the General Manager under delegated authority.
Recommendation
That:
1. The information in this report regarding the signing and sealing of documents pre-COVID be
received and noted.
2. Councillors be advised via City Notes of legal documents signed by the General Manager
under delegated authority.
Lismore City Council
Meeting held 13 April 2021 - Details of all Documents Signed and Sealed
under Delegation
22Matters Arising
Background
At Council’s ordinary meeting of 9 March 2021, Council resolved that:
“1. Council restores Documents for signing and sealing to the chamber for decision as it was pre-
COVID.
2. A report be brought to the April 2021 meeting detailing all the documents signed and sealed under
delegation since this resolution.”
Relevant Legislation
Clause 400 of the “Local Government (General) Regulation 2005, Division 1 - Council Seal” states;
“…(4) The seal of a council must not be affixed to a document unless the document relates to the
business of the council and the council has resolved (by resolution specifically referring to the
document) that the seal be so affixed.
(5) For the purposes of subclause (4), a document in the nature of a reference or certificate of
service for an employee of the council does not relate to the business of the council.”
Section 683 of the Local Government Act, 1993 (the Act), Authentication of documents, states; “A
document requiring authentication by the council may be sufficiently authenticated without the seal of the
council if signed by the general manager or public officer.”
Delegation of Functions to the General Manager (Section 377 of the Act)
At the Ordinary Council meeting of 11 July 2017 - Council resolved to update the Delegation of
Functions to the General Manager as follows;
“…2. Council delegates to the General Manager all of the functions of the Council pursuant to s.377 of
the Local Government Act, 1993, but excluding:
(a) Those functions specified in clauses (a) to (u) of Section 377(1) of the Local Government Act,
1993 (except the acceptance of tenders with a value in excess of $250,000); and….”
At the Ordinary Council meeting of 11 June 2019 - Council resolved to update the Delegation of
Functions to the General Manager as follows;
“…2. Council delegates to the General Manager all of the functions of the Council pursuant to s.377 of
the Local Government Act, 1993, but excluding:
(b) Those functions specified in clauses (a) to (u) of Section 377(1) of the Local Government Act,
1993 (except the acceptance of tenders with a value in excess of $250,000); and….”
Under the current Delegation of Functions granted by Council, the General Manager may execute
documents for and on behalf of the Council and may specifically authorise others at their discretion to do
so by way of an administrative directive or delegations of authority.
Process Change for Signing Business Documents
The practice of submitting leases, license agreements and other business documents for Signing and
Sealing to Council meetings ceased at the beginning of 2019 in line with approval by the
Senior Executive of revised Corporate Procedure 1.1.36 Use of Council Seal.
Back in 2014 a project commenced to look at reducing tape and introducing efficiencies through digital
signing of documents throughout Council for the introduction of digital signing and electronic plan
stamping to reduce paper, printing and mailing costs, allowing Council to move towards a total electronic
correspondence environment and offering a functionality to counter the growing threat of identity theft.
Lismore City Council
Meeting held 13 April 2021 - Details of all Documents Signed and Sealed
under Delegation
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