dungog shire council...norman, n f knudsen, l m bowden, n b bale and g d wall. officers in...

DUNGOG SHIRE COUNCIL

Minutes of the Ordinary Meeting

20 August 2013

TABLE OF CONTENTS NOTICE OF MOTION 1. Notice of Motion 8/2013 – White Paper Response COUNCILLOR REPORT 1. Accessible Events – Smart Business Forum GENERAL MANAGER 1. Governance – Code of Meeting Practice 2. Organisation Structure 3. Delegations of Authority 4. Local Government Infrastructure Audit 5. Minutes of Outside Organisations to Which Council has an Appointed Delegate 6. NSW Division of Local Government Circulars 7. Council’s Management Committee Meeting Minutes 8. Country and Regional Living Expo 9. LGSA Tourism Conference 2013: Leadership and Innovation 10. Closed Council EXECUTIVE MANAGER – CORPORATE SERVICES 1. Statement of Investments 2. Works Cost Statement 3. Councillors Travelling & Other Expenses EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS 1. Mid North Weight of Loads Group 2. Works Progress Report 3. ARTC Proposal for Upgrade of Martins Creek Level Crossing 4. Resident Proposal for the Installation of a Footbridge at Clarence Town Wetlands MANAGER – PLANNING 1. Len & Sue Roberts – Lots 73 & 74 DP 752497, Cemetery Road Clarence Town 2. Development Applications & Complying Development Certificates MANAGER – ENVIRONMENTAL SERVICES 1. Participation in Showerhead Exchange Project 2. Successful Beverage Container Recycling Community Grant 3. Waste and Sustainability Improvement Payment Program Changes 4. Swimming Pool Safety Barrier Inspection Program CONFIDENTIAL SECTION MAYORAL MINUTE 1. General Managers Annual Performance Review COMPLIMENTS

This is page number 2 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 August 2013.

MINUTES OF THE ORDINARY MEETING OF DUNGOG SHIRE COUNCIL HELD AT DUNGOG SHIRE COUNCIL CHAMBERS ON 20 AUGUST 2013 COMMENCING AT 6.00 PM. PRESENT: Mayor H F Johnston and Councillors A G McKenzie, R A Booth, S B Farrow, T Norman, N F Knudsen, L M Bowden, N B Bale and G D Wall. OFFICERS IN ATTENDANCE: C F Deasey, General Manager, S L Chandler, Executive Manager Corporate Services, S W Hitchens, Executive Manager Infrastructure & Assets, J Tupper, Manager Planning and P J Minett, Manager Environmental Services. LEAVE OF ABSENCE: Nil APOLOGIES: Nil ACKNOWLEDGEMENT OF COUNTRY: Delivered by Cr Johnston. DECLARATION OF INTERESTS: Craig Deasey, General Manager declared a Pecuniary Interest in the Confidential Mayoral Minute. CONFIRMATION OF MINUTES:

Minute No. 36136 RESOLVED on the motion of Cr Booth and seconded by Cr Bale that the Minutes of the Ordinary Meeting of Council, held on Tuesday 16 July 2013 and the Extra Ordinary Meeting held 1 August 2013 having been circulated amongst the members of the Council be confirmed. MATTERS ARISING: Nil – Crs Knudsen and Bale will not be attending the Local Government NSW Conference. The Prayer was delivered by Cr Johnston. The Ode was delivered by Cr Johnston.


NOTICE OF MOTION

Councillor Linda Bowden 1. NOTICE OF MOTION 8/2013 – WHITE PAPER RESPONSE EF08/638 A MOTION was moved by Cr Bowden and seconded by Cr Knudsen that this Council: 1. Writes to Premier Barry O’Farrell requesting that, given the substantial criticisms by the ICAC, the Australian Institute of Architects, and the Law Society of NSW, he commits to a re-writing of the Planning Bill 2013 Exposure Draft and a re-exhibition of the proposed legislation. 2. Writes to Local Government NSW urging the Presidents to make representations to the Premier that any new planning legislation which attracts the level of criticism from reputable bodies such a the ICAC, the Law Society of NSW, and the Australian Institute of Architects should not be passed by Parliament until further extensive re- writing and consultation has occurred with those organisations who will have primarily the responsibility of implementing the Act i.e. Local Government. 3. That these letters also have as an attachment the submission overleaf as Annexure ‘A’, which has already been signed by the majority of Dungog Shire’s Councillors and posted on the NSW Government’s website.

Minute No. 36137 AN AMENDMENT was moved by Cr Wall and seconded by Cr Farrow that this Council: 1. Writes to Premier Barry O’Farrell requesting that, given the substantial criticisms by the ICAC, the Australian Institute of Architects, and the Law Society of NSW, he commits to a re-writing of the Planning Bill 2013 Exposure Draft and a re-exhibition of the proposed legislation. 2. That this letter also has an attachment being the Dungog Shire Council submission as already posted on the NSW Government website. On being put the amendment was carried and on becoming the motion was again carried. The Mayor called for a Division. The Division resulted in 8 for 1 against as follows:

For: Crs Johnston, Bale, Norman, McKenzie, Farrow, Knudsen, Booth, Wall. Against: Bowden.

##### Minute No. 36138

A MOTION was moved by Cr McKenzie and seconded by Cr Knudsen that the Order of Council business be suspended to allow members of the public to address Council. On being put the motion was carried. The Order of Council business was suspended at 6.24 pm to allow members of the public to address Council. Mr G Warnes – spoke in favour of recommendation in Manager Planning’s Report No. 1. Mr Bailey – Spoke against the recommendation in Manager Planning’s Report No. 1. Mr Roberts – spoke in favour of recommendation in Manager Planning’s Report No. 1. Mr Farmer – spoke against the recommendation in Manager Planning’s Report No. 1.


Minute No. 36139

A MOTION was moved by Cr McKenzie and seconded by Cr Knudsen that Council resume the Order of Council business. On being put the motion was carried. The Order of Council business resumed at 6.46 pm. PROCEDURAL MOTION – ORDER OF BUSINESS

Minute No. 36140

A MOTION was moved by Cr Johnston and seconded by Cr Knudsen that the Order of Business be changed to allow the Manager Planning’s reports to be considered first. On being put the motion was carried.

##### PLANNING DEPARTMENT MANAGERS REPORT

Kristy Cousins 1. L B & S J ROBERTS PTY LTD – LOTS 73 & 74 DP 752497, CEMETERY ROAD,

CLARENCE TOWN DA 149/2011 Précis: Development Application (DA) No. 149/2011 seeks approval for a camping & caravan park on Lot 73 & 74 in DP 752497 off Cemetery Road, Clarence Town.

************ Minute No. 36141

RESOLVED on the motion of Cr Wall and seconded by Cr Knudsen that the proposed Caravan Park and camping Ground consisting of 1 permanent manager’s residence, 9 short term sites, amenities block, barn/refuge area, shade structure and associated infrastructure on Lot 73 & 74 DP 75249, located off Cemetery Road, Clarence Town be approved subject to the following conditions of consent: GENERAL 1. The development being carried out generally in accordance with the following plans

and/or documents submitted with the development application, except as modified by the conditions of this consent or amendments shown in red on the plans.

Note: Any amendments to these plans and/or documents will require the approval of Council.

(a) Plans Reference:


Drawing No. Name of Plan Date Prepared By 4621 PS-V7 Sheet 1 of 3

Plan of Proposed Site Layout over Lot 73 & 74 DP 752497 Cemetery Road

29/10/2012 Le Mottee Group

4621 PS-V7 Sheet 2 of 3

Plan of Proposed Site Layout over Lot 73 & 74 DP 752497 Cemetery Road

29/10/2012 Le Mottee Group

4621 PS-V7 Sheet 3 of 3

Plan & Elevation of Barn 29/10/2012 Le Mottee Group

1249a -1 Amenities Block – cover page

9/7/2012 UniPlan Group

1249a-2 Amenities Block – Floor Plan


1249a-3 Amenities Block – Elevations

9/7/2012 Uni Plan Group

Salisbury (Managers Residence, floor plan & elevation)


(b) Document Reference:

Document Reference Author Date Statement of Environmental Effects

Synergy Environmental Planning

Undated

Statement of Effect on Threatened Flora & Fauna

Job No 11989

Wildthing Environmental Consultants

October 2010

Preliminary Aboriginal Archaeological & Due Diligence Assessment

Myall Coast Archaeological Services

27 November 2010

Bushfire Protection Assessment

B091103 – 1

Australian Bushfire Protection Planners

18 November 2010

On-Site Sewerage Management System

1004/09-1 Sea Dragon Holdings April 2010

Erosion & Sedimentation Control Plan

Synergy Environmental Planning

Undated

2. The Managers Residence, barn and camping sites shall be situated a minimum of 25m

from the eastern property boundary. 3. The Caravan Park shall be designed, constructed and operated in accordance with the

provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

4. The caravan park is approved with a maximum of 10 sites, with 1 site to be used for

long-term residence and 9 to be used for short term stays. 5. Under the NPW Act 1974, it is the responsibility of all persons to ensure that harm

does not occur to an Aboriginal object. Whilst undertaking works, if an Aboriginal object is found, work must stop and OEH notified. An application for an AHIP may also be required. Some works may not be able to resume until an AHIP has been granted. Further investigation may be required depending on the type of Aboriginal object that is found. If human skeletal remains are found during the activity, work must stop immediately, the area secured to prevent unauthorised access and the NSW Police and OEH contacted. The NPW Act requires that, if a person finds an Aboriginal object on land and the object is not already recorded on AHIMS, they are legally bound under s.89A of the NPW Act to notify OEH as soon as possible of the object's location. This requirement applies to all people and to all situations.


6. The work must be carried out in accordance with the requirements of the Building Code

of Australia.

7. The building is to be set out by a REGISTERED SURVEYOR in the position approved by Council. A copy of the Survey Report indicating the position of the dwelling as approved, shall be submitted to Council prior to the building proceeding beyond damp floor height.

8 The colour and texture of the external materials of the building are to be chosen to

ensure they blend into the natural surroundings. In this regard, non-reflective materials in earth tone colours shall be used in all external finishes.

9. No advertising structure and/or sign outside the exempt provisions shall be erected as

part of the development until consent is granted.

10. The applicant shall ensure that arrangements are made for the Principal Certifying Authority, Council or Private Certifier, to carry out STAGE INSPECTIONS indicated as follows in bold.

Request for inspections may be made either by telephone or in person. Forty eight (48) hours notice must be given for inspections.

Applicants are required to nominate the relevant Construction Certificate Number and

location prior to the inspection request being granted. Note: STAGE INSPECTIONS are required to be carried out in order to ensure that an

Occupation Certificate can be issued. In the event that any stage inspection is not carried out, an Occupation Certificate cannot be issued.

(a) After stripping of topsoil from roads and fill areas, all Erosion & Sediment

Control devices and Traffic Control signs shall be installed at this stage. (b) After completion of road sub grade. (c) After placement and compaction of each layer of gravel pavement

material. (d) After laying and jointing of all stormwater drainage pipelines prior to

backfilling. (e) During application of bitumen seal or asphaltic concrete wearing surface. (f) After restoration and completion of all works. (g) After placement of all steel reinforcing in footpaths and driveways. (h) As otherwise required to confirm that the works are satisfactorily

executed and in conformity with environmental controls and conditions of Development Consent.

CONSULTATION 11. Prior to preparation of any engineering design plans, the consultant preparing the design

plans will need to contact Council’s Infrastructure & Assets department to discuss the extent and scope of all works and details required on the design plans. Some of the issues to be discussed and incorporated in the design plans include the following:

• Location of proposed roads with existing road reserves • Fencing and gating of public roads • Application for short term lease over fenced public roads • Erosion & sediment controls. • Stormwater drainage. • Pavement standards. • Vehicle access locations.


• Road widening. • Standard of river/creek crossing detail. • Earthworks details including quantities. • Traffic control details. • Restoration details.

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 12. Prior to the issue of the Construction Certificate the proprietor is to lodge an application

and obtain approval under section 68 of the Local Government Act for the installation and operation of an Onsite Sewage Management System.

13. Separate approval from Council as the Roads Authority must be obtained under

Section 138 of the Roads Act 1993 prior to the commencement of any works within a Council road reserve. For any such works, design plans must be submitted to Council for approval prior to issue of the S138 Roads Act Approval.

14. Separate approval from Council as the Roads Authority must be obtained under

Section 128 / 129 and 153 of the Roads Act 1993 for the gating / fencing of any Public Road. Full details shall be submitted to and approved by Council prior to the issue of any such approval under the Roads Act 1993.

15. The developer shall arrange for design plans to be submitted to Council for approval

for;

The provision of additional roads and stormwater works within the road reserve or Council’s land at no cost to Council necessary to ensure satisfactory transitions to existing work as a result of conditions of this consent. The extent of works required for this development will be determined by Council in conjunction with assessing the application under the Roads Act. Design plans for any such works are to be incorporated in the design for other roads and stormwater systems required for this development.

Advice: All works to be approved by Council prior to the release of any Construction Certificate.

16. The developer shall arrange for detailed engineering design plans to be submitted to

Council for approval for: -

Roadwork including associated drainage and erosion/sediment controls associated with;

(a) The provision of a 6 metre wide, minimum 300mm thick gravel road formation from the south western corner of the subject land to Clarence Town Road. Including the upgrading / widening of Cemetery Road as required to achieve the above mentioned standard.

(b) The provision of give way / one lane bridge advisory and advanced warning signage at the existing bridge over Stoney Creek.

(c) Plans detailing any proposed fencing, gating or enclosure of any public road currently formed or unformed.

Note: All works to be completed prior to the release of any Occupation Certificate.

17. The developer shall arrange for detailed engineering design plans to be submitted to

Council for approval for: -

Internal roadwork including associated drainage and erosion/sediment controls associated with;

(a) The provision of a 6 metre wide sealed internal road network. (b) Minimum 300mm thick gravel road formation.


(c) Provision of piped drainage as required.

Note: All works to be completed prior to the release of any Occupation Certificate.

18. The registered proprietor of the land is to provide a stormwater detention facility within

the boundaries of the site to reduce the peak stormwater discharge from the developed lot to that of the peak stormwater discharged from the undeveloped lot for all storm events from the 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm event. A detailed drainage design shall be prepared for the disposal of roof and surface water from the site, including any natural runoff currently entering the property. Details of on-site storage and the method of controlled release in accordance with Council’s requirements.

The detailed plans, specifications and copies of the calculations, including existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development prepared by an engineer suitably qualified and experienced in the field of hydrology and hydraulics. Full details shall be submitted to and approved by Council prior to release of the Construction Certificate by the Certifying Authority. Note: Construction shall be completed prior to the release of any Occupation Certificate.

19. The developer shall arrange for design plans to be submitted to the Certifying Authority

for approval to provide: - Erosion and Sediment Control facilities to deal with all aspects of earthworks associated with the development. The detailed plans shall be in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines. Sediment control measures shall be provided for the duration of the works and until the site is stabilised.

20. Prior to the issue of the Construction Certificate the applicant shall submit to the

Principle Certifying Authority for approval an amended Landscape Management Plan which incorporates the following:

a) Provides for the retention of native vegetation on the site where possible and

identifies any trees which require removal. An ecologist is to inspect any trees to be removed to identify if any hollows are present;

b) If any native vegetation requires removal it is to be replaced on site by species consistent with Lower Hunter Spotted Gum – Ironbark Forest sourced from local seed. These must be planted within the low lying area in the northern portion of the site;

c) Identifies suitable erosion and sediment controls which are to be put in place prior to construction and post construction to prevent sediment making its way into the Hunter Lowlands Red Gum Forest (EEC) located within a watercourse;

d) Provides for the re-vegetation on site to help ameliorate the gully erosion upstream of the EEC in the northern portion of the site, the species utilized are to be consistent with Hunter Lowlands Red Gum Forest;

e) If any hollow-bearing trees cannot be avoided and are to be removed from the site, the removal is to be supervised by a suitable qualified and vaccinated person for the purpose of rescuing any displaced fauna and placing in care any fauna injured in the removal operations. Suitable sized nest boxes are to be installed prior to clearance within retained trees to replace lost hollows with two nest boxes to be installed for each hollow removed;

f) The plan must detail how the existing standing dead trees together with the fallen timber and woodpiles shall be retained on site and utilized appropriately within the watercourse area in the northern portion of the property;

g) The plan must identify the control and removal measures proposed for the invasive weed Lantana camara (Lantana) and Rubus fruticosa (Blackberry) on the site;


h) The plan shall provide for the retention of the native vegetation identified as

Koala habitat in the north-western portion of the property in the Wildthing Environmental Consultants report; and

i) Landscaping to the site is to comply with the principles of Appendix 5 of ‘Planning for Bushfire Protection 2006’.

PRIOR TO COMMENCEMENT OF WORKS: 21. A Construction Certificate is to be issued by the Certifying Authority prior to

commencement of any works. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000.

22. Prior the commencement of works on the construction of the amenity facilities, managers’ residence, BBQ’s, shade shelter and barn a Construction Certificate/Local Government Act section 68 approval shall be obtained.

DURING CONSTRUCTION

23. ALL BUILDING MATERIALS, plant and equipment is to be placed ON THE BUILDING SITE. Building materials, plant and equipment (including water closets), are not to be placed on footpaths, roadways, public reserves etc.

a. The development shall not interfere with the amenity of the locality by way of

emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste products, waste water, grit, oil or otherwise.

b. A sign must be erected in a prominent position on any site on which building

work, subdivision work or demolition work is being carried out:

(i) showing the name, address and telephone number of the Principal Certifying Authority for the work, and

(ii) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(iii) stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

24. The EXCAVATED and/or filled areas of the site are to be STABILISED and drained to

prevent scouring onto adjacent private or public property. The finished ground around the perimeter of the building is to be graded to prevent ponding of water and to ensue the free flow of water away from the building and adjoining properties.

25. To minimise soil erosion during construction, the owner and builder shall ensure that

the following measures are implemented in the sequence outlined:-

(i) A dish shaped diversion drain or similar structure will be constructed above the proposed house site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall).

(ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (e.g. "silt stop").

(iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed.


(iv) Top soil from the construction site or builders sand is to be stockpiled in a

location where it will not be eroded from the site, and is not to be stockpiled on the road reserve.

(v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated.

(vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.

All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice.

Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to a $750 on-the-spot fine.

26. The developer shall construct Erosion and Sediment Control facilities to deal with all

aspects of earthworks associated with the development and in accordance with signed Construction Certificate plans issued. Sediment control measures shall be provided for the duration of the works and until the site is stabilised.

PRIOR TO RELEASE OF THE OCCUPATION CERTIFICATE: 27. The building shall NOT BE USED OR OCCUPIED until completed and conditions of

consent have been complied with and an Occupation Certificate has been issued. 28. Prior to the occupation of the caravan park, the proprietor shall submit an application to

operate a caravan park and receive approval from Council under Section 68 of the Local Government Act.

29. The registered proprietor of the land shall submit a report and a works-as-executed

(WAE) drawing of the stormwater detention basin(s) and stormwater drainage system. The WAE drawings shall be prepared by a registered surveyor and shall indicate the following as applicable:

* invert levels of tanks, pits, pipes and orifice plates * surface levels of pits and surrounding ground levels * levels of spillways and surrounding kerb * floor levels of buildings, including garages * top of kerb levels at the front of the lot * dimensions of stormwater basins and extent of inundation * calculation of actual detention storage volume provided The plan shall be accompanied by a report from the designer stating the conformance or otherwise of the as constructed basins in relation to the approved design. The WAE plan and report shall be submitted to and approved by Council prior to the release of any Occupation Certificate.

30. The developer shall ensure that satisfactory arrangements have been made with Council for the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.

Advice: A payment to Council for each rural address is required.

31. The developer being responsible for any costs relating to minor alterations and

extensions of existing roads, drainage and Council services for the purposes of the development.

32. The making good to the satisfaction of Council, or payment of the costs incurred by

Council in making good, any pavement damage or structural deterioration caused to This is page number 11 of the Minutes of the Ordinary Meeting of the Council of the Shire of

Dungog, held Tuesday 20 August 2013.

Council's roads by the use of such roads as haulage routes for materials used in construction or the operation of the approved development.

33. The developer shall carry out additional roads and stormwater works within the road

reserve or Council’s land at no cost to Council necessary to ensure satisfactory transitions to existing work as a result of conditions of this consent. The extent of works required for this development will be determined by Council in conjunction with assessing the application under the Roads Act. Advice: All works to be approved by Council prior to the release of the Occupation Certificate.

34. All civil engineering works to be transferred to Council ownership shall be covered by a

12 months Maintenance Bond in accordance with Council’s Bonding Policy. The 12 months Maintenance Bond shall commence from the Practical Completion date identified by Council.

35. Prior to the issue of any Occupation Certificate; all internal civil works (road and

drainage) prescribed by the conditions of consent shall be completed to the satisfaction of the Certifying Authority.

36. Prior to the issue of any Occupation Certificate; all external roadworks required as

conditions of this consent and as approved under S138 of the Roads Act shall be completed to the satisfaction of Council.

37. Prior to the issue of any Occupation Certificate a satisfactory final inspection for the

required effluent waste water management system shall be carried out by Dungog Council.

38. Prior to Occupation Certificate the applicant shall provide evidence demonstrating

compliance with the NSW Rural Fire Service bushfire safety authority conditions. 39. Prior to release of the Occupation Certificate an Evacuation Plan shall be prepared for

the Caravan Park which will establish the protocols for the timely relocation/evacuation of residents, staff and visitors. A display board with the road layout, sites, hydrant locations and evacuation routes must be erected at the entry of the Park and maintained into perpetuity by the owner/managers of the park.

40. Prior to release of the Occupation Certificate an Operation Management Plan shall be

prepared which specifies the operational details of the caravan park including but not limited to the control of domestic animals, noise restriction for the occupants and ground maintenance, waste removal, medical emergency procedures and other relevant matters.

41. The applicant shall submit to the Certifying Authority for approval a Bushfire Management Plan to ensure that the property is appropriately maintained/managed into the future. Compliance with the Bushfire Management Plan shall be nominated as a positive covenant on the title of the subject land. Evidence is to be supplied that compliance with the Bushfire Management plan has

been registered as a positive covenant on the subject land.

Note: Arrangements for emergency evacuation are to comply with section 4.2.7 of ‘Planning for Bushfire Protection 2006’.

RFS BUSHFIRE SAFETY AUTHORITY CONDITIONS 42. At the commencement of building works and in perpetuity the property around the

Manager’s residence, Barn & Caravan Site to a distance of 25 metres, shall be


maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building.

43. Water, electricity and gas are to comply with sections 4.1.3 and 4.2.7 of ‘Planning for

Bushfire Protection 2006.’

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.

44. Property access roads shall comply with sections 4.1.3(2) of ‘Planning for Bushfire

Protection 2006’.

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation.

45. Internal roads shall comply with section 4.2.7 of ‘Planning for Bushfire Protection 2006’.

The intent of measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area.

46. Arrangements for emergency evacuation are to comply with section 4.2.7 of ‘Planning

for Bushfire Protection 2006’.

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments.

47. New construction of the Manager’s Residence and Barn shall comply with Section 3

and 5 (BAL 12.5) Australian Standard AS3959-2009 ‘Construction of buildings in bush-fire prone areas’ and section A3.7 Addendum Appendix 3 of ‘Planning for Bushfire Protection 2006’.

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack.

48. Landscaping to the site is to comply with the principles of Appendix 5 of ‘Planning for

Bushfire Protection 2006’. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 5 for and 4 against as follows:

For: Crs Johnston, Norman, Wall, Booth, Farrow. Against: McKenzie, Knudsen, Bowden, Bale.


Jacqui Tupper

2. DEVELOPMENT APPLICATIONS - DELEGATED AUTHORITY EF08/228

Precis: Development Consent has been granted to the following development applications and complying development certificate under delegated authority for the month July 2013.

******* Minute No. 36142

RESOLVED on the motion of Cr Farrow and seconded by Cr Wall that the report be received and the information noted. COUNCILLOR REPORT

Councillor Nancy Knudsen 1. ACCESSIBLE EVENTS – SMART BUSINESS FORUM EF11/2

Minute No. 36143 RESOLVED on the motion of Cr Knudsen and seconded by Cr Booth that the report be accepted, the contents noted, it be brought to the attention of the Access Committee and that future Delivery Programs give a high priority to Accessibility and its promotion as a marketing tool. Manager Planning left the Chambers at 7.29 pm. GENERAL MANAGERS REPORT

Craig Deasey 1. GOVERNANCE – CODE OF MEETING PRACTICE EF08/566 Precis: Reporting on the need for Council to review the Code of Meeting Practice.

********* Minute No. 36144

RESOLVED on the motion of Cr Booth and seconded by Cr Knudsen that Council adopt the Code of Meeting Practice Version VII.


Craig Deasey

2. ORGANISATION STRUCTURE EF08/175 Precis: Reporting on the statutory requirement of the Council to review the organisations structure within their first 12 months.

*********** Minute No. 36145

RESOLVED on the motion of Cr Wall and seconded by Cr Bale that Councils organisation structure as presented be adopted. Craig Deasey 3. DELEGATIONS OF AUTHORITY EF08/566 Precis: Report outlines the requirement to review all its delegations of authorities within the first 12 months of each term of office.

********** Minute No. 36146

RESOLVED on the motion of Cr Wall and seconded by Cr Bale that Council endorse the delegated authorities to the Mayor, Deputy Mayor and General Manager as listed in the schedule of delegations contained in Annexure ‘B’ of this report.

Craig Deasey 4. LOCAL GOVERNMENT INFRASTRUCTURE AUDIT EF08/464 Precis: Reporting on the Division of Local Government Circular 13/26.

*********** Minute No. 36147

RESOLVED on the motion of Cr Wall and seconded by Cr Bowden that the report be received and the information noted.

Craig Deasey 5. MINUTES OF OUTSIDE ORGANISATIONS TO WHICH COUNCIL HAS AN APPOINTED DELEGATE Précis: Reporting on the minutes of outside organisations to which Council has an appointed delegate.

*********** Minute No. 36148

RESOLVED on the motion of Cr Booth and seconded by Cr Knudsen that the draft minutes of the Arts Upper Hunter Board General Meeting be received and noted.


Craig Deasey

6. NSW DIVISION OF LOCAL GOVERNMENT CIRCULARS EF08/142 Précis: Providing a summary of circulars that have been released by the Division of Local Government.

********** Minute No. 36149

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bowden that the report be received and the information noted.

Craig Deasey 7. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES Précis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

********** Minute No. 36150

RESOLVED on the motion of Cr Booth and seconded by Cr Knudsen that the minutes of the Management Committee Meetings be received and noted.

Ivan Skaines 8. COUNTRY AND REGIONAL LIVING EXPO EF09/213 Précis: Reporting on the annual Country and Regional Living Expo held 3-4 August at Sydney Olympic Park, Homebush Bay.

********** Minute No. 36151

RESOLVED on the motion of Cr Farrow and seconded by Cr Knudsen that Council notes this report 2013 Country and Regional Living Expo.

Ivan Skaines 9. LGSA TOURISM CONFERENCE 2013: LEADERSHIP AND INNOVATION EF07/34 Précis: Reporting on the annual LGSA Tourism Conference held 11-13 March 2013 at Shoal Bay Resort and Spa, Port Stephens.

********** Minute No. 36152

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bowden that Council notes this report from the 2013 LGSA Tourism Conference.


Craig Deasey

10. CLOSED COUNCIL Précis: Report referring matters to Closed Council.

********** Minute No. 36153

RESOLVED on the motion of Cr Wall and seconded by Cr Knudsen that: 1. Council resolve into Closed Council to consider business identified, together with any

late reports tabled at the meeting. 2. Pursuant to section 10A (1)-(3) of the Local Government Act 1993, the media and

public be excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of Sec 10A(2) as outlined above.

3. Correspondence and reports relevant to the subject business be withheld from access

to the media and public as required by Sec 11(2) of the Local Government Act 1993. CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGER'S REPORT

Shaun Chandler 1. STATEMENT OF INVESTMENTS

EF08/220

Précis: Clause 212 of Local Government (General) Regulation 2005 requires a monthly report to Council outlining all money’s Council has invested under Section 625 of the Local Government Act.

********** Minute No. 36154

RESOLVED on the motion of Cr Booth and seconded by Cr Knudsen that the report be received and information noted.

Cheryl Hyde 2. WORKS COST STATEMENT

EF08/221 Précis: A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports ground cost centres.

******** Minute No. 36155

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bowden that the Works Cost Statement for the period ending 31 July 2013 be received and noted.


Shaun Chandler

3. COUNCILLORS TRAVELLING & OTHER EXPENSES EF08/222

Précis: Report on Councillors travelling for Councillors information.

********** Minute No. 36156

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bale that the report be received and information noted. INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGERS REPORT

Steve Hitchens 1. MID NORTH WEIGHT OF LOADS GROUP EF08/110 Precis: Providing Council with information with regards to the Mid North Weight of Loads Group (MNWOL) and renewal of the Memorandum of Understanding (MOU) between the group and Dungog Shire Council.

**********

Minute No. 36157 RESOLVED on the motion of Cr McKenzie and seconded by Cr Booth that the report be received and the information noted.

Nigel Atkins 2. WORKS PROGRESS REPORT EF08/208 Précis: Reporting on construction and maintenance works undertaken in July 2013.

**********

Minute No. 36158 RESOLVED on the motion of Cr Farrow and seconded by Cr Knudsen that the report be received and the information noted. This is page number 18 of the Minutes of the Ordinary Meeting of the Council of the Shire of


Steve Hitchens 3. ARTC PROPOSAL FOR UPGRADE OF MARTINS CREEK LEVEL CROSSING EF08/279 Precis: Providing Council with information with regards to the Australian Rail Track Corporation (ARTC) proposal to upgrade the Rail Level Crossing in Martins Creek.

**********

Minute No. 36159 RESOLVED on the motion of Cr Wall and seconded by Cr Booth that the ARTC be advised that Council provides ‘in principle’ support for the project subject to final design being approved.

Steve Hitchens 4. RESIDENT PROPOSAL FOR THE INSTALLATION OF A FOOTBRIDGE AT CLARENCE TOWN WETLANDS EF08/279 Precis: Providing Council with information with regards to a proposal by a Clarence Town resident for the installation of a footbridge near the Clarence Town Wetlands area.

**********

Minute No. 36160 A MOTION was moved by Cr McKenzie and seconded by Cr Knudsen that Council accept the footbridge as proposed for installation in the King Street Road Reserve. On being put the motion was carried. ENVIRONMENTAL SERVICES DEPARTMENT MANAGERS REPORT

Paul Minett 1. PARTICIPATION IN SHOWERHEAD EXCHANGE PROJECT EF13/48 Precis: The purpose of this report is to advise Council of an agreement to participate in the Hunter Water’s showerhead exchange project.

********** Minute No. 36161

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bowden that the report be received and the information noted.


Paul Minett 2. SUCCESSFUL BEVERAGE CONTAINER RECYCLING COMMUNITY GRANT EF07/60 Precis: The purpose of this report is to advise of the successful receipt of grant funding of $2179 from Keep Australia Beautiful for the purchase of Bin Caps to support recycling at Special Events.

********** Minute No. 36162

RESOLVED on the motion of Cr Farrow and seconded by Cr Norman that the receipt of the Keep Australia beautiful recycling grant funding be noted.

Paul Minett 3. WASTE AND SUSTAINABILITY IMPROVEMENT PAYMENT PROGRAM CHANGES EF10/55 Precis: The purpose of this report is to advise Council of the contents of the 2012-14 Waste and Sustainability Improvement Payments (WASIP) Action table.

********** Minute No. 36163

RESOLVED on the motion of Cr Wall and seconded by Cr Bale that the report be received and the information noted.

Holley Patterson 4. SWIMMING POOLS SAFETY BARRIER INSPECTION PROGRAM EF13/41 Precis: The purpose of this report is to seek Council’s adoption of the proposed swimming pools barrier inspection program and community consultation process.

************ Minute No. 36164

RESOLVED on the motion of Cr Wall and seconded by Cr Booth that: 1. Council adopt the draft Swimming pool barrier program and community engagement

process contained in this report for the purpose of enabling the engagement process to proceed.

2. The draft Swimming Pool barrier program shall not be enacted until the community

engagement process has been completed and the results have been referred back to Council for consideration. This does not include pool inspections carried out to assess applications for certificates of compliance or where complaints are received or concerns raised regarding non compliance.


QUESTIONS WITH NOTICE Nil BUSINESS OF AN URGENT NATURE Nil CLOSED COUNCIL

Minute No. 36165 RESOLVED on the motion of Cr Booth and seconded by Cr McKenzie that: 1. Council resolve into closed council to consider business identified, together with any

late reports tabled at the meeting. 2. Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and

public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) of the Local Government Act 1993.

3. The correspondence and reports relevant to the subject business be withheld from

access to the media and public as required by section 11(2) of the Local Government Act 1993.

Council closed its meeting at 8.11 pm. The public, staff and media left the Chambers.

#######

Minute No. 36167 A MOTION was moved by Cr Booth and seconded by Cr Knudsen that Council move out of Closed Council and into Open Council. On being put the motion was carried. Open Council resumed at 8.21 pm. The following resolutions of Council while the meeting was closed to the public were read to the meeting by the Mayor. This is page number 21 of the Minutes of the Ordinary Meeting of the Council of the Shire of


MAYORAL MINUTE

Councillor Harold Johnston

1. GENERAL MANAGER’S ANNUAL PERFORMANCE REVIEW 105

Precis: Reporting on the General Manager’s Performance Review for the twelve month period to May 2013.

************ Minute No. 36166

A MOTION was moved by Cr Johnston that: 1. Council approves a salary increase of 6% for the General Manager. 2. Council recognises the leading contribution that the General Manager makes to the efficient functioning of Dungog Shire Council and commends his work. On being put the motion was carried. The Mayor called for a Division. The Division resulted in 9 for as follows:

For: Crs Johnston, Bale, Norman, McKenzie, Farrow, Knudsen, Bowden, Wall, Booth. There being no further business the meeting terminated at 8.22 pm. Confirmed ................................................. Date .................................................


dungog shire council...norman, n f knudsen, l m bowden, n b bale and g d wall. officers in...

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