minutes of ordinary meeting - 18 march 2020 · 2020. 4. 17. · mart ens, cr j o'neill, cr p...

Mid-Western Regional Council Date: 18 March 2020

Page 1 of the Minutes of the Ordinary Meeting of Council held on 18 March 2020

____________________________ ____________________________ Mayor General Manager

Minutes of the Ordinary Meeting of Council Held at the Council Chambers, 86 Market Street, Mudgee

on 18 March 2020, commencing at 6.28pm and concluding at 7.18pm

PRESENT Cr D Kennedy, Cr S Paine, Cr P Cavalier, Cr R Holden, Cr A Karavas, Cr E

Martens, Cr J O'Neill, Cr P Shelley.

IN ATTENDANCE General Manager (Brad Cam), Executive Manager Human Resources (Michele George), Director Operations (Garry Hemsworth), Chief Financial Officer (Leonie Johnson), Director Community (Simon Jones), Director Development (Julie Robertson), Manager Governance (Tim Johnston) and Executive Assistant (Mette Sutton).

Item 1: Apologies

An apology was received from Cr J P Thompson. 59/20 MOTION: Cavalier / Martens

That the apology received for Cr J P Thompson be received.

The motion was carried with the Councillors voting unanimously.

Item 2: Disclosure of Interest

Councillor E Martens declared a pecuniary conflict of interest in item 9.1 as she is a bushfire affected farmer. Councillor D Kennedy declared a significant non-pecuniary conflict of interest in item 8.2 as he is an adjoining owner to the property subject of the development application. Councillor P Cavalier declared a significant non-pecuniary conflict of interest in item 14.2 as he is a resident of Blacklead Lane. Chief Financial Officer, Leonie Johnson, declared a significant non-pecuniary conflict of interest in item 14.2 as she is a resident of Blacklead Lane.

Item 3: Confirmation of Minutes

60/20 MOTION: O'Neill / Martens

That the Minutes of the Ordinary Meeting held on 19 February 2020 be taken as read and confirmed.





Item 4: Matters in Progress

61/20 MOTION: Shelley / Cavalier That the following matters in progress items be noted as complete:

• Solar Energy Options Res 127/17 Ordinary Meeting 17/5/17 • DA0146/2018 Function Centre and Business Identification

Signage 310/19 Ordinary Meeting 16/10/19 • Draft Long Term Financial Plan 2019-2029 Res 316/19 Ordinary

Meeting 16/10/19

The motion was carried with the Councillors voting unanimously. 62/20 MOTION: Shelley / Cavalier

That item 9.1 Bushfire Recovery – Budgetary Requirements and Financial Relief for Affected Residents – Updated Report to Council, be moved forward on the agenda.

The motion was carried with the Councillors voting unanimously. Cr Martens declared a pecuniary conflict of interest in item 9.1 as she is a bushfire affected farmer, left the Chambers at 6:31pm and did not participate in discussion or vote in relation to this matter. 9.1 BUSHFIRE RECOVERY - BUDGETARY REQUIREMENTS

AND FINANCIAL RELIEF FOR AFFECTED RESIDENTS - UPDATED REPORT TO COUNCIL

GOV400087, GOV400087

63/20 MOTION: Shelley / Holden That Council: 1. receive the report by the Chief Financial Officer on the

Bushfire Recovery - Budgetary Requirements and Financial Relief for Affected Residents - Updated Report to Council;

2. note the community submissions received following the last Council meeting regarding allocation of the Commonwealth Disaster Recovery, and thank the community for taking time to provide feedback on this funding;

3. amend the 2019/20 budget to allocate funds from




Commonwealth Disaster Recovery Funding (DRF) to the following activities;

3.1 $370,000 granted towards private property tree "Make Safe" program;

3.2 $90,000 towards rates relief for impacted residents;

3.3 $90,000 towards economic stimulus initiatives for impacted businesses across the region;

3.4 $60,000 towards Ilford Hall upgrades;

3.5 $80,000 granted towards Running Stream Hall upgrades;

3.6 $137,400 granted towards Olinda Hall Upgrades;

3.7 $50,000 towards the waiver of Development fees and charges and Waste charges;

3.8 $30,000 granted towards community welfare initiatives;

3.9 $30,000 towards volunteer worker initiatives;

3.10 $10,000 towards extending the bushfire liaison officer term; and

4. report the full program for the $1.275 million funding to the National Bushfire Recovery Agency.

The motion was put and carried with Councillors voting as follows: Councillors Ayes Nayes Cr Kennedy Cr Paine Cr Cavalier Cr Holden Cr Karavas Cr O'Neill Cr Shelley

Councillor Martens returned to the Chambers at 6:36pm.




Item 5: Mayoral Minute

Nil

Item 6: Notices of Motion or Rescission

6.1 DA APPLICATION FOR A USED VEHICLE SALEYARD GOV400087, P0973111

MOTION Holden / Shelley That Council: 1. investigate how the owner can have the development comply with

the current zoning which does not permit use as a vehicle saleyard; and

2. place restricted parking times within 100m of either side of the

property to prevent the sales spill over on Horatio and Lewis Streets.

The motion was put and lost with Councillors voting as follows: Councillors Ayes Nayes Cr Kennedy Cr Paine Cr Cavalier Cr Holden Cr Karavas Cr Martens Cr O'Neill Cr Shelley

6.2 COX STREET RAIL CROSSING

GOV400087,

64/20 MOTION Holden / Karavas Council investigate the re-opening of the crossing over the rail line on Cox Street. The motion was put and carried with Councillors voting as follows: Councillors Ayes Nayes Cr Kennedy Cr Paine Cr Cavalier Cr Holden




Cr Karavas Cr Martens Cr O'Neill Cr Shelley

6.3 FINANCIAL ASSISTANCE TO BULL-A-RAMA EVENT 2020

GOV400087, FIN300159

65/20 MOTION: Shelley / Holden That Council approves $2841.00 grant funding, to be funded from Community Grants, to the event Bull-A-Rama to be held on 12 April 2020 to cover Council hire fees subject to this even going ahead.

The motion was carried with the Councillors voting unanimously. 6.4 INVESTIGATION OF GARBAGE COLLECTION SERVICE AT

QUEENS PINCH WASTE TRANSFER STATION GOV400087,

66/20 MOTION: O'Neill / Holden

Staff investigate the feasibility of replacing the Waste Transfer Station on Queens Pinch Road with a garbage collection service.

The motion was carried with the Councillors voting unanimously. 6.5 CODE OF MEETING PRACTICE

GOV400087, GOV400009

67/20 RESCISSION MOTION: Kennedy / Shelley That the resolution of the Council Meeting on 19 February 2020 in relation to Item 6.1 Code of Meeting Practice (Min 18/20) is hereby rescinded. The motion was put and carried with Councillors voting as follows: Councillors Ayes Nayes Cr Kennedy Cr Paine Cr Cavalier Cr Holden Cr Karavas Cr Martens Cr O'Neill




Cr Shelley

68/20 MOTION: Kennedy / Shelley

That Council: 1. confirm that members of the public addressing Council

during the Public Forum can speak on any subject matter, regardless of whether it is on the agenda or not;

2. propose to amend clause 4.7 of the section on Public Forums to read “No more than four (4) speakers are to be permitted to speak ‘for’ and ‘against’ each item of business”;

3. place the proposed changes to the Code of Meeting Practice

on public exhibition for a period of 28 days, but allowing a period of at least 42 days during which submissions may be made to the Council, in accordance with s.361 of the Local Government Act 1993; and

4. receive a further report on the proposed changes to the Code of Meeting Practice following the exhibition period, including any submissions on the matter.

The motion was put and carried with Councillors voting as follows: Councillors Ayes Nayes Cr Kennedy Cr Paine Cr Cavalier Cr Holden Cr Karavas Cr Martens Cr O'Neill Cr Shelley


Item 7: Office of the General Manager

7.1 CARETAKER PERIOD FOR THE SEPTEMBER LOCAL GOVERNMENT ELECTIONS

GOV400087, GOV400077

69/20 MOTION: Shelley / Cavalier




That Council: 1. receive the report by the Manager Governance on the

Caretaker Period for the September Local Government Elections;

2. note the requirement under the Local Government (General) Regulations 2005 Section 393B for a caretaker period prior to the Council elections on 12 September 2020;

3. write to the established Section 355 Committees advising that they will stand-down from the start of the caretaker period until the Committees have been reconstituted by Council;

4. reschedule the Ordinary Meeting of Council so that it will now be held on 12 August 2020.


Item 8: Development

8.1 MA0036/2020 - MODIFICATION TO DA0102/2020 - ART GALLERY AND TOURIST INFORMATION CENTRE - 90 MARKET STREET, MUDGEE

GOV400087, DA0102/2020

70/20 MOTION: Holden / Shelley That Council: A. receive the report by the Senior Town Planner on the

MA0036/2020 - Modification to DA0102/2020 - Art Gallery and Tourist Information Centre - 90 Market Street, Mudgee;

B. approve MA0036/2020 - Modification to DA0102/2020 - Art Gallery and Tourist Information Centre - 90 Market Street, Mudgee subject to the following conditions and statement of reasons (with amendments shown in red):

CONDITIONS OF CONSENT PARAMETERS OF CONSENT 1. Development is to be carried out in accordance with the

following plans endorsed with Council’s Stamp as well as the




documentation listed below except as varied by the conditions herein.

Title/Name Drawing

No/ Document Ref

Revision/ Issue

Dated Prepared by

Architectural Plans Site Plan A010 - 3/10/19 BKA

Architecture Ground Floor Demolition Plan

A50 - 3/10/19 BKA Architecture

Level 01 Floor Demolition Plan

A51 - 3/10/19 BKA Architecture

Ground Floor Plan

A100 02 26/02/20 BKA Architecture

Level 01 Floor Plan


Ground Floor Plan 1:100

A102 B 4/11/19 BKA Architecture

Elevation Sheet 01


Elevations Sheet 02


Elevations Sheet 03

A202 B 4/11/19 BKA Architecture

Elevations Sheet 03


Sections A300 01 09/01/20 BKA Architecture

Boundary Wall Detail

A454 A 10/02/20 BKA Architecture

Mood Board A701 - 3/10/19 BKA Architecture

Landscape Plans Design Report and Landscape Design Strategy

02 B 02/10/19 MARA Consulting Pty Ltd

Drawing and Plant Schedule


Landscape Plan





Landscape Plan


Landscape Elevations


Planting Palette


Stormwater Plans General Arrangement Plan

C-0010 B 09/10/19 BG&E

Stormwater Catchment Plan

C-0300 B 09/10/19 BG&E

Raingarden/Detention Basin Plan, Details and Sections

C-0350 B 09/10/19 BG&E

Erosion & Sediment Control Plan

C-0700 B 09/10/19 BG&E

The on-street car parking spaces shown in Drawing A010 are superseded by the on-street car parking spaces shown in other drawings.

MODIFIED BY MA0036/2020

2. This approval does not provide any indemnity to the owner or

applicant under the Disability Discrimination Act 1992 with respect to the provision of access and facilities for people with disabilities.

3. This development consent does not include approval for any

signage for the approved development. A separate Development Consent or Complying Development Certificate may be required for signage, if the signage is not exempt development.

4. This development consent includes approval for:

a) The erection of a building and re-use of an existing building to be used as an information and education facility.

b) The construction of 11 on-site car parking spaces. c) The construction of a 6m wide ingress/egress driveway.




d) Connection of water, sewer and stormwater services to the development.

GENERAL 5. All building works, earthworks and pavement works must be

carried out in accordance with the provisions of the National Construction Code, the Environmental Planning and Assessment Act 1979 and Regulations and all relevant Australian Standards.

6. The three peppercorn trees located along the Market Street

frontage of the property are to be retained. 6A. The new fence on the Market Street frontage of the property is

to be painted Dulux Basalt, or a similar colour. MODIFIED BY MA0036/2020

7. All demolition works are to be carried out in accordance with

AS 2601-2001 “Demolition of structures”, with all waste being removed from the site. Hazardous waste such as asbestos cement sheeting etc., should be handled, conveyed and disposed of in accordance with guidelines and requirements from SafeWork NSW. Disposal of asbestos material at Council’s Waste Depot requires prior arrangement for immediate landfilling.

8. Notwithstanding the approved plans, the structure is to be

located clear of any easements and/or 1.5 metres from any water and sewer mains in accordance with Council Policy.

9. Costs associated with all development works including any

necessary alterations, relocations of services, public utility mains or installations must be met by the developer. The developer is responsible to accurately locate all existing services before any development works commence to satisfy this condition.

10. A sign must be displayed in a prominent position in the

building stating the maximum number of persons, as specified in the development consent, that are permitted in the building for the use of the building as a function centre.

11. If the development involves an excavation that extends below

the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

a) protect and support the building, structure or work from




possible damage from the excavation, and b) where necessary, underpin the building, structure or work

to prevent any such damage.

Note - Prescribed condition pursuant to clause 98E of the Environmental Planning and Assessment Regulation 2000 and Council requirement to preserve the stability of adjoining roads/public places.

12. Any damage which is caused to Council’s infrastructure as a

result of the proposed development must be repaired immediately to Council’s satisfaction and at no cost to Council.

13. All trafficable pavements are to be constructed and sealed with

an impervious surface, either bitumen or concrete, and maintained to the satisfaction of Council at all times.

14. A total of 11 car parking spaces are to be provided within the

site of the development and comply with AS 2890.1: 2004 – Parking facilities – Part 1: Off-street car parking and the following requirements:

a) Each parking space is to have minimum dimensions of

5.5m x 2.4m; and b) All car parking spaces are to be line-marked and provided

with a sealed concrete or bitumen surface and must be maintained in a satisfactory condition at all times.

Earthworks 15. Fill placed in residential or commercial lots shall be compacted

in accordance with AS3798-2007 Guidelines on Earthworks for Commercial and Residential Developments.

16. The only waste derived fill material that may be received at the

development site must be:

a) Virgin excavated natural material, within the meaning of the Protection of the Environment Operations Act 1997; and

b) Any other waste-derived material the subject of a resource recovery exemption under cl.91 of the Protection of the Environment Operations (Waste) Regulation 2014 that is permitted to be used as fill material.

17. All earthworks, filling, building, driveways or other works are to

be designed and constructed (including stormwater drainage if necessary) to ensure that at no time any ponding of stormwater occurs on the subject site or adjoining land as a result of this development. Design must also ensure that no diversion of runoff onto other adjacent properties occurs.




18. Site works and landscaping must be designed and constructed

in such a manner as to have no negative effect on the cross sectional area at any point of the adjacent waterway/drainage feature.

PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE The following conditions must be complied with prior to Council or an accredited Certifier issuing a Construction Certificate for the proposed building. Building 19. Prior to release of the Construction Certificate, approval

pursuant to Section 68 of the Local Government Act 1993 to carry out water supply, stormwater and sewerage works is to be obtained from Mid-Western Regional Council.

20. Pursuant to clause 94 of the Environmental Planning and

Assessment Regulation 2000, the existing building is to be brought into conformity with the following Performance Requirements of the Building Code of Australia – Volume 1:

a) DP2 – So that people can move safely to and within the

building, it must have stairways with slip resistant walking surfaces and suitable handrails where necessary to assist and provide stability to people using the stairway.

b) EP4.1 – To facilitate safe evacuation in an emergency, the

building must be provided with a system that ensures a level of visibility sufficient to enable exits, paths of travel to exits and any obstacles along a path of travel to an exit to be identified; and activates instantaneously upon the failure of an artificial lighting system, to the degree necessary, appropriate to the function or use of the building; and the floor area of the building; and the distance of travel to an exit.

Plans and specifications demonstrating compliance are to be submitted to and approved by the Certifying Authority prior to the issue of a Construction Certificate.

21. All building work is to comply with the requirements of the

Disability (Access to Premises – Buildings) Standards 2010. Details demonstrating full compliance with the Standards, including continuous path of travel from the entrance to the property, are to be submitted and approved as part of any Construction Certificate.




22. The design, construction and fit out of any proposed kitchen, cool room/s and associated structures must be constructed in accordance with the relevant requirements of:

a) Food Act 2003; b) Food Regulation 2015; c) Food Standards Australia and New Zealand – Food

Standards Code 2003; d) AS 4674-2004 for Design, Construction and Fit out of Food

Premises; e) AS 1668.2-2012 – the use of ventilation and air conditioning

in buildings; and f) The Building Code of Australia.

Full details are to be submitted for approval to the Certifier (i.e. Council or a private Certifier) prior to the issue of a Construction Certificate.

The information that will need to be submitted, includes, but is not limited to, the location of hand-basins, wash-up sinks, any exhaust hoods, floor finishes, wall finishes and ceiling finishes.

Heritage 23. A board with detailed samples of proposed colours and

finishes is to be submitted to and approved by Council prior to the issue of a Construction Certificate.

24. A photographic archival record of the heritage item, prepared

in accordance with the Heritage Council publication Photographic Recording of Heritage Items using Film or Digital Capture, including one bound copy, is to be submitted to and approved by Council prior to the issue of a Construction Certificate.

25. An interpretation plan for the item is to be prepared by a

suitably qualified heritage consultant. The plan is to set out recommendations for introduced material and presentation of the fabric which will help to convey the heritage significance of the item to users and visitors. The plan is to be submitted to and approved by Council prior to the issue of a Construction Certificate.

26. Prior to the issue of a Construction Certificate, details of the

installation of the internal lift are to be submitted to and approved by Council. The details of the installation of the lift shall include the following matters:

a) Details of footings and connection to the existing ground

level floor structure;




b) Details of the connection to the upper level floor structure, following the creation of the hole through which the lift will be inserted;

c) The lift overrun shall not penetrate the ceiling of the upper level; and

d) The design and installation of the lift shall be carried out to minimise the removal of existing building fabric.

Note – structural engineer’s certification will be required to support the application for a Construction Certificate.

Engineering 27. Prior to the issue of a Construction Certificate, plans showing

the levels and details of the car park and any footpath adjustments must be submitted to Council. These plans are to include details of proposed footpath regrading.

28. Prior to the issue of a Construction Certificate, detailed

drainage design supported by full and detailed calculations and generally in accordance with the details and layout as provided with the application must be submitted to and approved by Council’s Manager Development Engineering.

29. Consent from Council must be obtained for all works within the

road reserve pursuant to Section 138 of the Roads Act 1993, prior to the issue of a Construction Certificate.

30. Details of the internal driveway and car parking spaces are to

be submitted to and approved by the Certifier (i.e. Council or a private Certifier), prior to the issue of a Construction Certificate. These details shall comply with the requirements of AS/NZS 2890.1:2004 – Parking Facilities – Part 1: Off-street Car Parking and the relevant conditions of this development consent.

Contributions and Levies 31. Prior to the issue of a Construction Certificate, the developer

shall pay a long service levy at the prescribed rate to either the Long Service Levy Corporation or Council, for any work costing $25,000 or more.

Note - The amount payable is currently based on 0.35% of the cost of work. This is a State Government Levy and is subject to change.

Note – Council can only accept payment of the Long Service Levy as part of the fees for a Construction Certificate application lodged with Council. If the Construction Certificate




is to be issued by a Private Certifier, the long service levy must be paid directly to the Long Service Levy Corporation or paid to the Private Certifier.

32. Prior to the issue of a Construction Certificate, the developer

shall obtain a Certificate of Compliance under the Water Management Act 2000, from Council.

Note – Refer to Advisory Notes in relation to the payment of contributions to obtain a Certificate of Compliance.

Trade Waste 33. A Construction Certificate for the approved use is not to be

issued until any necessary approvals under Section 68 of the Local Government Act 1993 to dispose of waste into a sewer of the council (eg liquid trade waste) have been obtained.

PRIOR TO THE COMMENCEMENT OF WORKS 34. No work shall commence until a Construction Certificate has

been issued and the applicant has notified Council of:

a) the appointment of a Principal Certifying Authority; and b) the date on which work will commence.

Such notice shall include details of the Principal Certifying Authority and must be submitted to Council at least two (2) days before work commences.

35. The site shall be provided with a waste enclosure

(minimum1800mm X 1800mm X 1200mm) that has a lid or secure covering for the duration of the construction works to ensure that all wastes are contained on the site. The receptacle is to be emptied periodically to reduce the potential for rubbish to leave the site. Council encourages the separation and recycling of suitable materials. NOTE: ALL WASTE GENERATED FROM THE CONSTRUCTION PROCESS IS TO BE CONTAINED ON-SITE PRIOR TO SUBSEQUENT DISPOSAL AT AN APPROVED WASTE DISPOSAL FACILITY.

36. Sediment erosion controls shall be installed within the

development site, to the satisfaction of the Certifier (i.e. Council or the Principal Certifier), prior to the commencement of works.

37. A sign must be erected in a prominent position on any work

site on which the erection or demolition of a building is carried out:




a) stating that unauthorised entry to the work site is

prohibited; b) showing the name of the person in charge of the work site

and a telephone number at which that person may be contacted outside working hours;

c) the name, address and telephone number of the Principal Certifying Authority for the work; and

d) the sign shall be removed when the erection or demolition of the building has been completed.

38. If the work involved in the erection/demolition of the building:

a) Is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient; or

b) Building involves the enclosure of a public place; then

A hoarding or fence must be erected between the work site and the public place. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.

DURING CONSTRUCTION 39. All plumbing and drainage work must be carried out by a

licensed plumber and drainer and must comply with the Plumbing Code of Australia.

40. All mandatory inspections required by the Environmental

Planning and Assessment Act 1979 and any other inspections deemed necessary by the Principal Certifying Authority are to be notified by the developer (providing no less than 24 hours’ notice) and carried out during the relevant stage of construction.

41. Construction work noise that is audible at other premises is to

be restricted to the following times:

a) Monday to Saturday - 7.00am to 5.00pm b) No construction work noise is permitted on Sundays or

Public Holidays. 42. The strength of the concrete used for the reinforced concrete

floor slab must be a minimum 25Mpa. 43. The list of measures contained in the schedule attached to the

Construction Certificate are required to be installed in the building or on the land to ensure the safety of persons in the




event of fire in accordance with Clause 168 of the Environmental Planning and Assessment Regulation 2000.

44. The development site is to be managed for the entirety of work

in the following manner:

a) Erosion and sediment controls are to be implemented to prevent sediment from leaving the site. The controls are to be maintained until the development is complete and the site stabilised with permanent vegetation;

b) Appropriate dust control measures; c) Construction equipment and materials shall be contained

wholly within the site unless approval to use the road reserve has been obtained; and

d) Toilet facilities are to be provided on the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

45. All public footways, foot paving, kerbs, gutters and road

pavement damaged during the works are to be restored to match existing conditions at the developer’s/demolisher’s expense.

46. A temporary construction fence is to be provided 2m off the

drainage channel, for the duration of the construction phase of the main building. The fencing may be removed when the building is nearing completion to permit landscaping work and construction of the rain garden which is to be located adjacent to the stormwater channel.

47. In the event of any Aboriginal archaeological material being

discovered during earthmoving/construction works, all work in that area shall cease immediately and the Office of Environment and Heritage (OEH) notified of the discovery as soon as practicable. Work shall only recommence upon the authorisation of the OEH.

48. If historical archaeological remains are found during works,

works should immediately cease and the Heritage Branch of the Office of Environment and Heritage should be contacted for further advice, as required under Section 139 of the Heritage Act 1977.

PRIOR TO ISSUE OF THE OCCUPATION CERTIFICATE The following conditions are to be completed prior to occupation of the building and are provided to ensure that the development is consistent with the provisions of the Building Code of Australia and the relevant development consent.




49. Prior to the occupation of a new building, or occupation or use of an altered portion of, or an extension to an existing building, an Occupation Certificate is to be obtained from the Principal Certifying Authority appointed for the erection of the building.

50. Prior to the issue of an Occupation Certificate, the following

works in relation to access, car parking and associated manoeuvring areas are to be completed:

a) Internal car parking spaces and associated manoeuvring

areas are to be provided with an all-weather sealed surface. b) The car parking area must be set out and clearly delineated

in accordance with the requirements of AS 2890.1:2004 Parking Facilities Part 1: Off-street Car Parking.

c) Physical measures, such as wheel stops, shall be provided to ensure parked vehicles do not overhang and obstruct internal footpaths.

51. Prior to the commencement of use or issue of an Occupation

Certificate, the developer must install signage (external and internal) to indicate direction of traffic flow and the entry and exit points. Signage must be provided in accordance with the standards and requirements set out in AS 1742.1 – 2014 Manual of uniform traffic control devices Part 1: General introduction and index of signs.

52. Prior to the commencement of use or the issue of an

Occupation Certificate, the developer must construct all stormwater drainage and the proposed detention tank in accordance with the details as shown on the approved drainage plans, showing detention of stormwater runoff.

53. Prior to occupation or the issue of the Occupation Certificate

the owner of the building must cause the Principal Certifying Authority to be given a fire safety certificate in accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000 for each measure listed in the schedule. The certificate must only be in the form specified by Clause 174 of the Regulation. A copy of the certificate is to be given to the Commissioner of the Fire and Rescue NSW and a copy is to be prominently displayed in the building.

54. Prior to the issue of an Occupation Certificate, the external

finishes of the development must be completed and matching to the approved sample board of colours and finishes.

55. The approved heritage interpretation plan is to be implemented

to the satisfaction of Council’s Heritage Advisor, prior to the issue of an Occupation Certificate.




56. The work listed in the Heritage Asset Conservation Plan, prepared by Urbis Pty Ltd, dated October 2013, Part 4: Capital Works, Table 2, is to be completed to the satisfaction of the Principal Certifying Authority prior to the issue of an Occupation Certificate.

57. Prior to the issue of an Occupation Certificate, for any

buildings on site, the building is to be connected to reticulated water supply, stormwater and sewerage in accordance with the relevant section 68 approval/s.

58. All plants shown on the approved landscape plan/s are to be

planted and all hard landscaping (eg rocks, retaining walls, solid garden bed edging) is to be installed prior to occupation of the development and/or commencement of the use.

59. Rainwater tanks with a minimum combined capacity of 10 kL,

or as otherwise approved by the detailed stormwater management plan required by a condition of this consent, are to be installed prior to the issue of an Occupation Certificate.

60. Prior to use of the development and/or issue of an Occupation

Certificate, all works included in any Trade Waste Approval are to be completed.

OPERATIONAL/ ONGOING CONDITIONS 61. For every 12 month period after the issue of the Final Fire

Safety Certificate the owner/agent of the building must provide the Council and the Commissioner of NSW Fire Brigades with a copy of an Annual Fire Safety Statement certifying that each specified fire safety measure is capable of performing to its specification.

62. Where any essential services are installed in the building a

copy of the final Fire Safety Certificate (together with a copy of the current fire safety schedule) is to be given to the Commissioner of Fire and Rescue NSW. A further copy of the Certificate (together with a copy of the current fire safety schedule) is to be prominently displayed in the building.

63. The hours of operation of the development are limited to 8am

to 10pm, 7 days per week. 64. All vehicles are required to enter and leave the site in a forward

direction at all times. 65. All line-marking for the on-site car parking spaces and footpath

areas are to be maintained in a visible condition, at all times.




66. All loading and unloading in connection with the premises shall be carried out wholly within the site and at the approved loading dock.

67. All car parking spaces, loading and unloading areas, vehicle

manoeuvring and driveway areas must not be used for the storage of any goods or materials and must be available for their intended use at all times.

68. All exterior lighting associated with the development shall be

designed and installed so that no obtrusive light will be cast onto any adjoining property or roadways, in accordance with Australian Standard 4282 “Control of the Obtrusive Effects of Outdoor Lighting”.

69. Garbage storage areas are to be adequately screened from

public view. 70. No display or sale of goods is to take place from public areas

or footpaths fronting the premises. 71. The development is to be maintained in a clean and tidy

manner, at all times. 72. The café is to be registered with Council as a Class 3 - Food

Premises. The premises will be subject to inspections by Council for which a fee will be payable. The application form (Food Registration Form) and further information is available on Council’s website www.midwestern.nsw.gov.au.

73. The premises shall, at all times, be operated and maintained in

accordance with Food Safety Standards 3.1.1, 3.2.2 and 3.2.3 prescribed in chapter 3 of the Australia and New Zealand Food Standards Code.

REASONS FOR DECISION 1. The proposed development complies with the requirements of

the applicable environmental planning instruments and Mid-Western Regional Development Control Plan 2013.

2. The proposed development is considered satisfactory in terms

of the matters identified in Section 4.15 of the Environmental Planning and Assessment Act 1979.

3. There is sufficient justification for the proposal’s variation from

the maximum height limit requirement contained in Mid-Western Regional Local Environmental Plan 2012.

4. The proposed development satisfactorily addresses the issues

http://www.midwestern.nsw.gov.au/




raised in objections received in response to public notification of the development, as follows:

a) The proposed development will not have an adverse impact

on heritage character or aesthetic impact, subject to conditions.

b) The loss of some large trees within the grounds will not have a significant impact on the streetscape and the heritage conservation area.

5. The proposed modification is considered to result in minimal

environmental impact and is substantially the same development as the originally approved development – thereby satisfying the requirements of Section 4.55 (1A) (a) and (b) of the Environmental Planning and Assessment Act 1979. ADDED BY MA0036/2020

ADVISORY NOTES 1 The removal of trees within any road reserve requires the

separate approval of Council in accordance with the policy “Tree Removal and Pruning – Public Places”.

2 The land upon which the subject building is to be constructed

may be affected by restrictive covenants. This approval is issued without enquiry by Council as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this approval. Persons to whom this approval is issued must rely on their own enquiries as to whether or not the building breaches any such covenant.

3 Sections 8.2, 8.3, 8.4 and 8.5 of the Environmental Planning and

Assessment Act 1979 (EP&A Act) gives you the ability to seek a review of the determination. This request is made to Council and must be made within 6 months after the date on which you receive this notice. The request must be made in writing and lodged with the required fee; please contact Council’s Planning and Development Department for more information or advice.

4 If you are dissatisfied with this decision Sections 8.7 and 8.10

of the EP&A Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice.

5 To ascertain the date upon which the consent becomes

effective, refer to Sections 4.20 and 8.13 of the EP&A Act. 6 To ascertain the extent to which the consent is liable to lapse,

refer to Section 4.53 of the EP&A Act.




7 This development consent requires a Certificate of Compliance

under the Water Management Act 2000 to be obtained prior to the issue of a Construction Certificate.

A person may apply to Mid-Western Regional Council, as the water supply authority, for a Certificate of Compliance pursuant to section 305 of the Water Management Act 2000. Please be advised that as a precondition to the granting of a Compliance Certificate:

a) A monetary contribution in accordance with the following

Schedule of Contributions must be paid in full (including indexation, where applicable).

Section 64 Contributions The rates shown below are current up to 30 June 2020 12 Additional Lots (3 credits for existing lots) ET/Unit Value Total Water Headworks 0.716 $8,548.00 $6,120.37 Sewer Headworks 0.716 $3,903.00 $2,794.55 Total Headworks $8,914.92

Note - Section 64 Developer Contributions are subject to Consumer Price Index increase at 1 July each year. Please contact Council’s Planning and Development Department regarding any adjustments. MODIFIED BY MA0036/2020

The motion was put and carried with Councillors voting as follows: Councillors Ayes Nayes Cr Kennedy Cr Paine Cr Cavalier Cr Holden Cr Karavas Cr Martens Cr O'Neill Cr Shelley

Councillor Kennedy declared a significant non-pecuniary conflict of interest in item 8.2 as he is an adjoining owner to the property subject of the development application, left the Chambers at 6:57pm and did not participate in discussion or vote in relation to this matter. Deputy Mayor, Cr Paine, proceeded to chair the meeting.




8.2 DA0101/2020 - 23 LOT RESIDENTIAL SUBDIVISION AND

BOUNDARY ADJUSTMENT (3 LOTS INTO 2), BOMBIRA GOV400087, DA0101/2020

71/20 MOTION: Shelley / Holden

That Council: A. receive the report by the Senior Planner on DA0101/2020 -

23 Lot Residential Subdivision and Boundary Adjustment (3 Lots into 2), Bombira ;

B. approve DA0101/2020 - 23 Lot Residential Subdivision and Boundary Adjustment (3 Lots into 2), Bombira be approved subject to the following conditions and statement of reasons:

CONDITIONS APPROVED PLANS

1. Development is to be carried out generally in accordance with stamped plans

o Drawing Reference BK610 sheets 1 & 2 of 4 dated

14.02.2020 and the Application received by Council on 17 October 2019 except as varied by the conditions listed herein. Any minor modification to the approved plans will require the lodgement and consideration by Council of amended plans. Major modifications will require the lodgement of a new development application.

GENERAL

2. This approval provides for the subdivision of the land only over two (2) stages. No physical work or approval is provided by this consent for the release of any easements or proposed new easements over private land.

3. The developer shall ensure that the road names within the subdivision are updated in accordance with the requirements of the Geographical Names Board of NSW and Council’s Property and Revenue Department. Early contact shall be made with Council to formalise the




road names for the subdivision noting the process can be a minimum of 6 months.

Note: This condition relates to the need for an amendment to “Paige Circuit” shown as a cul-de-sac on the Stage 2 plan.

4. The subdivision works are to be inspected by the Council (or Accredited Certifier on behalf of Council) to monitor compliance with the consent and the relevant standards of construction encompassing the following stages of construction: (a) Installation of sediment and erosion control

measures (b) Water and sewer line installation prior to

backfilling (c) Establishment of line and level for kerb and gutter

placement (d) Road pavement construction (e) Road pavement surfacing (f) Practical completion

All works are to be constructed at the full cost of the

developer, in a manner consistent with Aus-Spec #1 and Council’s standard drawings.

5. No structures or earthworks are permitted to encroach

within any easements for the purposes of utility infrastructure as specified in Council’s Development Control Plan 2013.

6. The adjustment of existing services or installation of new services and meters, as required, in compliance with Australian Standard 3500: National Plumbing and Drainage Code. All costs associated with this work shall be borne by the developer.

7. All demolition works are to be carried out in accordance with AS 2601-2001 “Demolition of structures”, with all waste being removed from the site. Hazardous waste such as asbestos cement sheeting etc, should be handled, conveyed and disposed of in accordance with guidelines and requirements from SafeWork NSW. Disposal of asbestos material at Council’s Waste Depot requires prior arrangement for immediate landfilling.

8. The only waste derived fill material that may be received at the development site must be:

a) Virgin excavated natural material, within the




meaning of the Protection of the Environment Operations Act 1997; and

b) Any other waste-derived material the subject of a resource recovery exemption under cl.91 of the Protection of the Environment Operations (Waste) Regulation 2014 that is permitted to be used as fill material.

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE (STAGE 1 BOUNDARY ADJUSTMENT ONLY)

9. A linen plan and two (2) copies are to be submitted to Council for approval and endorsement by the General Manager.

Note: Under the Environmental Planning & Assessment Act, 1979, a Subdivision Certificate is required before the linen plan of subdivision can be registered with the Land Registry Office. Council’s fee to issue a Subdivision Certificate is set out in Council’s fees and charges.

10. Three metre wide easements, including associated

Section 88B of the Conveyancing Act 1919 instruments, are to be created in favour of Council over any existing easements or newly constructed water, or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this subdivision.

Note: where an easement is proposed or to be released over private land for the purpose of servicing the subdivision, Council will require landowner’s signatures to be obtained on the 88B prior to lodgement with Council.

11. Easements which exist over the land which are required

for servicing or access to benefit Council shall not be released unless otherwise endorsed by Council.

PRIOR TO ISSUE OF THE SUBDIVISION WORKS CERTIFICATE

(STAGE 2) 12. A Subdivision Works Certificate is required for but not

limited to the following civil works; o Water and sewer main extensions o Roads, including concrete kerb o Stormwater drainage such as inter-allotment




drainage and detention basins o Footpath o Landscaping of public reserves

No works can commence prior to the issue of the

Subdivision Works Certificate.

Note: Additional permits and approvals may also be required under other legislation, e.g. Plumbing and Drainage Act 2011, and Plumbing and Drainage Regulation 2017 for water and sewer infrastructure works.

13. All finished surface levels shall be shown on the plans

submitted for the Subdivision Works Certificate. Where it is proposed to import fill, including to backfill the existing dam over proposed Lot 1, the material shall be certified as free of hazardous materials and contamination by a suitably qualified geotechnical engineer. Fill placed in residential or commercial lots shall be compacted in accordance with AS3798-2007 Guidelines on Earthworks for Commercial and Residential Developments.

14. Prior to the issue of a Subdivision Works Certificate a detailed engineering design, specifications, supporting documentation / reports and calculations, and schedules are to be submitted to and approved by Council. The engineering design is to comply with the technical and performance requirements of Council’s Development Control Plan and the Standards referenced within Appendix B and D of that document. Detailed documentation including, but not limited to the following matters, must be submitted with the detailed design. These documents must include runoff calculations.

15. Prior to the issue of a Subdivision Works Certificate the Applicant must provide a fully detailed Stormwater Drainage Report and Design for approval by Council that provides for control and treatment of stormwater runoff generated by future residential development of the land. The report must demonstrate that proposed detention arrangements do not increase the rate of discharge of stormwater runoff from the site beyond the existing undeveloped state for a storm event up to and including a 1:100 year ARI event. Methods of stormwater detention must be included in the design to ensure that the rate of stormwater runoff flows from the




development do not exceed the volume and rates generated by a 1:5 year ARI storm event from the undeveloped site. Note: The Stormwater Drainage Report should, where necessary, include provisions for dwelling development on each allotment to provide for temporary detention storage of up to 2,000 litres in addition to any BASIX requirements for storage and re-use.

16. Prior to the issue of a Subdivision Works Certificate the Applicant must arrange for the necessary consents for the creation of easements for the drainage of stormwater over ‘Existing Drainage Channel’ on proposed Lot 56 and any other downstream allotments that may be affected. All easements and any necessary drainage upgrades must extend to an approved discharge location. Documentation for the registration of Easements on titles must include appropriately worded encumbrances, Restrictions as to User or other instruments deemed necessary to ensure the ongoing maintenance and function of the infrastructure to prevent restriction of flows and potential inundation of adjacent land. Additional requirements may also include provision for, and ongoing maintenance of, open type wire mesh fencing on each boundary crossing the swale for the width of the swale.

17. Prior to issue of a Subdivision Works Certificate, Council shall be provided with an updated phase 1 contamination report for Lot 1 and 2 DP 118576, incorporating testing around the former farm outbuilding to confirm that the site is suitable for residential development.

18. Prior to issue of a Subdivision Works Certificate, a

landscaping plan shall be provided to and approved by Council which includes details of proposed trees to be retained and new plantings as required by the Mid-Western Regional Development Control Plan 2013 (two street trees per lot). Consideration must be given to the existing and proposed new easements for water, sewer and stormwater infrastructure to ensure plantings do not obstruct or damage infrastructure.

19. A detailed engineering design supported by plans, and

an “Autocad compatible” Plan, (in dwg format including pen-map), material samples, test reports and specifications are to be prepared in accordance with




AUS-SPEC #1 (as modified by Council) and the conditions of this development consent.

20. An Erosion and Sediment Control Plan for the

development is to be prepared and implemented in accordance with the LANDCOM guidelines and requirements as outlined in the latest edition of “Soils and Construction – Managing Urban Stormwater”. Points to be considered include, but are not limited to: o drainage reserves are to be turfed; o single strip of turf to be laid behind kerb and

gutter; o saving available topsoil for reuse in the

revegetation phase of the subdivision; o using erosion control measures to prevent on-

site damage; o rehabilitating disturbed areas quickly; o maintenance of erosion and sediment control

structures; o a schedule of operations is to be submitted to

ensure all appropriate works are undertaken at the correct stage.

21. Any registered easements or restrictions applicable to

the site are to be removed from the title prior to the issue of Subdivision Works Certificate for that stage to which the easement or restriction may apply.

22. Prior to the issue of a Subdivision Works Certificate a Traffic Control Plan (TCP) completed by a “Certified Person” for implementation during works is to be submitted to Council. All requirements of the Traffic Control Plan must be put in place and implemented prior to any work commencing.

23. Prior to the issue of the Subdivision Works Certificate,

Council is to be provided with the certified copies of the Electrical and Telecommunications distribution network design for the subdivision.

PRIOR TO THE COMMENCEMENT OF WORKS

24. Prior to the commencement of any works a copy of the Contractor’s public liability insurance cover for a minimum of $20,000,000 (Twenty million dollars) is to




be provided to Mid-Western Regional Council. Mid-Western Regional Council is to be indemnified against any works carried out by the contractor.

25. The applicants shall, at their own expense, engage a registered surveyor to relocate any survey mark that may be disturbed by the development or any associated work. Any information regarding relocation should be supplied to the Land Titles Office and Council.

26. Prior to commencement of works, the submission of

updated street/road names in order of preference, for the proposed new roads within the subdivision, are to be submitted to Council for approval.

27. Prior to development the applicant shall advise

Council’s, in writing, of any existing damage to Council property before commencement of works. The applicant shall repair (at their own expense) any part of Council’s property damaged during the course of this development in accordance with AUS-Spec #1/2 (as modified by Council) and any relevant Australian Standards.

28. All works are to be constructed at the full cost of the

developer, in a manner consistent with Aus-Spec #1 and Council’s standard drawings.

29. Prior to the commencement of subdivision works, the

following actions are to be carried out; o A site supervisor is to be nominated by the

applicant; o Council is to be provided with two (2) days’ notice of

works commencing. DURING SUBDIVISION CONSTRUCTION WORKS

30. Construction work noise that is audible at other premises is to be restricted to the following times:

a) Monday to Saturday - 7.00am to 5.00pm

No construction work noise is permitted on Sundays or

Public Holidays.

31. The subdivision works are to be inspected by the Council (or an Accredited Certifier on behalf of Council) to monitor compliance with the consent and the relevant standards of construction, encompassing the




following stages of construction:

• Installation of sediment and erosion control measures

• Water and sewer line installation prior to backfilling

• Vacuum / pressure testing of all water and sewer mains

• Stormwater drainage pipe installation prior to backfilling

• Proof roll inspection of sub-grade prior to placement and compaction of sub-base

• Proof roll inspection of sub-base prior to installation of concrete kerb

• Proof roll inspection of compacted sub-base prior to placement of base course

• Proof roll inspection of compacted base prior to sealing

• Practical completion

In addition to proof roll inspection, compaction testing may also be required.

32. If any aboriginal artefacts are uncovered or identified

during construction earthworks, such work is to cease immediately and the local aboriginal community and National Parks and Wildlife Service are to be notified.

Note: A suitably qualified person is required to be present during earthworks to identify whether any artefacts were uncovered.

33. If unexpected soil contaminants are discovered during

works which has the potential to alter previous conclusions regarding site contamination; work must cease and Council or NSW Environmental Protection Authority must be notified immediately. The contaminated land situation is to be evaluated by a supervising environmental consultant and an appropriate response determined in consultation with the developer, which is agreed to by Council. Note: Council may also request that a NSW Environmental Protection Authority accredited site auditor is involved to assist with the assessment of the contaminated land situation and review any new contamination information. The developer must also adhere to any additional conditions which may be




imposed by the accredited site auditor. 34. The development site is to be managed for the entirety

of work in the following manner:

a) Erosion and sediment controls are to be implemented to prevent sediment from leaving the site. The controls are to be maintained until the development is complete and the site stabilised with permanent vegetation;

b) Appropriate dust control measures including suppression at all times;

c) Toilet facilities are to be provided on the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

35. Any necessary alterations to, or relocations of, public

utility services to be carried out at no cost to Council and in accordance with the requirements of the relevant authority including the provision of easements over existing and proposed public infrastructure.

36. Any soil / water retention structures are to be constructed prior to the bulk stripping of topsoil, to ensure sediment from the whole site is captured.

37. All earthworks, filling, building, driveways or other

works, are to be designed and constructed (including stormwater drainage if necessary) so that at no time will any ponding of stormwater occur on adjoining land as a result of this development.

38. Fill placed in residential or commercial lots shall be

compacted in accordance with AS3798-2007 Guidelines on Earthworks for Commercial and Residential Developments.

39. The developer is to grant Council unrestricted access

to the site at all times to enable inspections or testing of the subdivision works.

40. No construction traffic (including trucks and light

vehicles) is permitted to occur via Moggs Lane and Robert Hoddle Grove into the subdivision.

INFRASTRUCTURE




Stormwater Drainage

41. The Developer must provide for the design and construction of all stormwater drainage infrastructure to service the development including a proportional contribution determined by relative catchment areas for the upgrade of any existing downstream features.

42. Drainage design must ensure that no stormwater runoff is permitted to discharge over adjoining properties other than at approved locations and methods of disposal. Discharge of runoff onto adjoining properties and any works associated with the control of stormwater discharge over any adjoining property must not occur without the consent of the owner of any affected property.

43. All internal roads shall comprise roll back concrete kerb

and gutter. Sub-surface drainage is required where gutter flows exceed 2.5m width during minor events (1 in 5yr ARI). If required, sub-surface drainage shall be located behind the kerb.

44. Inter-allotment drainage is to be provided to remove

stormwater from any lots that cannot discharge to the street in accordance with Aus Spec #1. Easements not less than 3 metres wide shall be created over inter-allotment drainage in favour of upstream allotments.

45. One (1) roof-water outlet per allotment is to be provided

in the kerb and gutter 2m from the downhill boundary at the time of the installation of the kerb and gutter.

ROADS

46. The internal roads within the subdivision must be designed and constructed to the following standards:

Item Requirement Full Road Pavement Width

9m (2 x 3m travel lanes)

Nature Strip 2 x 4.5m Concrete Footpaths

1.2m

Seal Two-coat flush seal -14/7 mm (Double/ Double) as required

Kerb & Gutter Roll back concrete kerb & gutter




Subsoil Drainage

Where gutter flow exceeds 2.5m during minor events or adjacent to intersections. To be installed behind kerb

47. All road crossings for services and utilities are to cross

perpendicular to the road alignment and must be installed prior to the commencement of construction of base course and kerb and channel.

48. The finished surface of all nature strips and verges

must be graded to fall toward the kerb and channel and formed with a minimum 100 mm thick layer of clean topsoil free of stones and other impurities. Nature strips and verges are to be seeded or hydro-mulched with an approved grass prior to the issue of a Certificate of Practical Completion.

49. The submission to Council of engineering design plans

for any road works shall include pavement and wearing surface investigation and design.

50. All electrical, telecommunication and water service

crossings are to be perpendicular to the road centreline and performed prior to the addition of the base course and installation of kerb and gutter.

51. All stormwater, water and sewer main infrastructure

road crossings must be installed prior to the addition of the base course and installation of kerb and gutter.

52. All water mains and associated fittings/valves should

not be installed underneath a concrete structure such as the footpath.

53. All required earthworks for roads associated with the

subdivision must have compaction testing in compliance with RMS Q4 and AUS-SPEC CQS-A.

54. Street signs necessitated by the subdivision are to be

installed in accordance with Aus-Spec #1 and Council standards.

55. The proposed internal road network should have

sufficient width to accommodate the turning paths for service vehicles (e.g. rubbish collection and removalist vehicles). Particular attention should be given to cul-de-sac finishing points.

WATER AND SEWER




56. Three metre wide easements, including associated

Section 88B of the Conveyancing Act 1919 instruments, are to be created in favour of Council over any existing or newly constructed water, or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this subdivision.

Note 1: where an easement is proposed over private land for the purpose of servicing this subdivision, Council will require evidence that the easement has been created prior to release of the Subdivision Works Certificate. Note 2: Section 88B documentation, where required, for Stage 2 will also be required to ensure temporary detention of stormwater runoff from dwelling development on each allotment is provided and maintained in accordance with Council requirements.

57. The applicant is to provide separate water and sewer

reticulation services to each allotment within the subdivision.

58. The developer is to extend and meet the full cost of

water reticulation to service the development plus the cost of connecting to existing services. All water supply work is required to be carried out in accordance with the requirements of Mid-Western Regional Council (as the Water Supply Authority under the Local Government Act 1993) and in accordance with the National Specification – Water Supply Code of Australia.

59. The developer is to provide a water service and meter

for each lot in the subdivision. Where the provision of a service connection for a proposed new lot is undertaken during the installation of new water mains by the Developer, and prior to any ‘live’ connection, the developer can be achieve this by making a payment to Council of $655.00 per lot.

Note: Council does not permit other bodies to insert new connections into ‘live’ water mains. The cost referenced above is for the supply of meter only and is subject to CPI increases.




60. In the case of any lots that will not be serviced by a water main constructed by the developer, a full water service will be required and the developer will be required to pay for full Water Service Connection for an amount of $2,150.00 for a 20 mm water supply.

61. Sewer works are to include and make provision for

connection to the new Sewer Pump Station and connection from the existing Sewer Pump Station located on Lot 31 DP1074415.

62. All sewerage work is required to be carried out in

accordance with the requirements of Mid-Western Regional Council (as the Water Supply Authority under the Local Government Act, 1993) and in accordance with the National Specification – Sewerage Code of Australia.

63. In the case of any lots that will be serviced by a sewer

main constructed by the developer the sewer junctions required to service the proposed lots must be installed by the developer

CONTRIBUTIONS AND OTHER CHARGES

64. In accordance with the provisions of Section 7.11 of the

Environmental Planning and Assessment Act 1979 and the Mid-Western Regional Council Developer Contributions Plan 2019, the developer is required to make payment to Council for contributions towards the provision, extension or augmentation of local infrastructure as a consequence of development within the LGA. The contributions are to be paid at the lodgement of the Subdivision Certificate for Stage 2 or in accordance with the deferred payments requirements of the Developer Contributions Plan, with a maximum deferral period of 6 months upon application being made to Council. The following is calculated and payable on a per lot basis:

Mudgee Contributions

Transport Facilities $4,303.00 Recreation and Open Space $2,160.00




Community Facilities $628.00 Stormwater Management $453.00 Plan Administration $985.00 TOTAL PER LOT $8,529.00

Note: Developer Contributions and all other fees and

charges are subject to Consumer Price Index increase at 1 July each year. Please contact Council’s Development Department regarding any adjustments.

65. An application for a Compliance Certificate under the

Water Management Act, 2000 is to be submitted to Council as the Water Supply Authority and approved prior to the issue of a Subdivision Certificate for stage 2. This will require the payment of a contribution for water and sewerage headworks in accordance with Council’s Developer Servicing Plans. Note: The current rates for Headworks Charges are included within the Advisory Notes and are subject to CPI.

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE (STAGE 2)

66. A linen plan and two (2) copies are to be submitted to Council for approval and endorsement by the General Manager.

Note: Under the Environmental Planning & Assessment Act, 1979, a Subdivision Certificate is required before the linen plan of subdivision can be registered with the Land Titles Office. Council’s fee to issue a Subdivision Certificate is set out in Council’s fees and charges.

67. Following completion of the subdivision works, one full

set of Work-As-Executed plans, in pdf and dwg format, which is “AutoCAD compatible”, is to be submitted on disk to Council. All Work-As-Executed plans shall bear the Consulting Engineer's or Consulting Surveyor's certification stating that all information shown on the plans is accurate.

68. Underground electricity, street lighting and

telecommunications are to be supplied to the subdivision. Prior to issue of the Subdivision Certificate, Council is to be supplied with: a) A certificate of acceptance from the appropriate

power authority indicating that satisfactory arrangements have been made for provision of reticulated electricity supply to each lot in the




subdivision; b) Satisfactory evidence that arrangements have been

for the installation of fibre-ready facilities to all individual lots so as to enable fibre to be readily connected to any premises that may be constructed on those lots. This will need to include confirmation in writing from the carrier that they are satisfied that the fibre ready facilities are fit for purpose, and;

c) Satisfactory evidence (usually by way of an agreement with a carrier) that arrangements have been made for the provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots.

69. Prior to the issue of a Subdivision Certificate:

(a) all contributions must be paid to Council and all works required by the consent be completed in accordance with the consent, or

(b) an agreement be made between the developer and Council; be paid to Council in accordance with this condition for the purpose of:

i) as to the security to be given to Council that the works will be completed or the contribution paid, and

ii) as to when the work will be completed or the contribution paid.

70. If the Subdivision Certificate is not issued within the

financial year of the date of determination, then the charges and contributions contained in this consent will be increased to the current rate at the time of payment.

71. Street trees are required at a rate of two (2) trees per lot and are to be planted prior to the issue of the Subdivision Certificate. The trees are to be a semi-mature and barricaded for protection for a minimum period of 2 years. Should any trees be damaged or die, the developer is required to replace the tree for a like-for-like tree within one (1) month of formal notification being made by Council or a contractor.

72. The developer must provide Council and land

purchasers with a site classification for each lot within the subdivision. The classification is to be carried out at a suitable building site on each lot and is to be carried out by a NATA registered laboratory using method (a) of Clause 2.2.3 of AS2870 - 1996. Results are to be submitted to Council prior to issue of the Subdivision




Certificate.

73. Following completion of all engineering works a Defects Liability bond in a form acceptable to Council to the value of 5% of the value of all works must be lodged with Council to be held for a period of twenty-four (24) months to ensure any defects that become apparent during that time are remedied by the developer.

Note: The bond may be provided by way of a monetary

deposit with the Council or a bank guarantee to the satisfaction of the Council. The bank guarantee must not specify any time limitations on the operation of the guarantee.

74. The developer is to ensure that all defects in the works

that become apparent within twenty four (24) months of Council accepting the works on maintenance are remedied to Council's satisfaction. If these defects are not satisfactorily remedied, Council may use bond money to carry out rectification.

Note: Any unspent bond money will be returned to the

developer at the end of the twenty four (24) month period, less the estimated cost of any outstanding works.

75. The applicant shall repair in accordance with Aus-

Spec# 1 and Council Standard Drawings any part of Council’s property damaged during the course of this development.

ADVISORY NOTES

1. In accordance with Section 64 of the Local Government Act

1993 and the Water Management Act 2000, a Compliance Certificate is required prior to issue of the Subdivision Certificate and shall include the payment of a contribution for water and sewerage headworks in accordance with Council’s Developer Servicing Plans. Current fees calculated are provided below and are subject to CPI:

Section 64 Contributions Water Headworks (1.5 ET/UNIT) $ 277,810.00 Sewer Headworks (1.05 ET/UNIT) $ 86,061.15 Total Headworks $ 363,871.15

2. The removal of trees within any road reserve requires the




separate approval of Council in accordance with the policy "Tree Removal and Pruning - Public Places".

3. The land upon which the subject building is to be constructed may be affected by restrictive covenants. This approval is issued without enquiry by Council as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this approval. Persons to whom this approval is issued must rely on their own enquiries as to whether or not the building breaches any such covenant.

4. Essential Energy’s records indicate there is electricity infrastructure located within the properties and within close proximity to the properties. Any activities within these locations must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure. Approval may be required from Essential Energy should activities within the properties encroach on the electricity infrastructure.

5. Prior to carrying out any works, a “Dial Before You Dig” enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW).

6. Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around power lines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines and Code of Practice – Work near Underground Assets.

7. It is the Applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the subdivision, which may include the payment of fees and contributions. Despite Essential Energy not having any safety concerns, there may be issues with respect to the subdivision layout, which will require Essential Energy’s approval.

8. If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment.

9. As part of the subdivision, easement/s are to be created for any existing or new electrical infrastructure, using Essential Energy’s standard easement terms current at the time of registration of the Plan/s of subdivision.

10. Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above properties should be complied with.




11. Division 8.2 of the Environmental Planning and Assessment Act 1979 gives you the ability to seek a review of the determination. This request is made to Council and must be made within 6 months after the date on which you receive this notice. The request must be made in writing and lodged with the required fee; please contact Council's Development Department for more information or advice.

12. If you are dissatisfied with this decision section 8. 7 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice.

13. To ascertain the extent to which the consent is liable to lapse, refer to Section 4.53 of the Environmental Planning and Assessment Act 1979.

STATEMENT OF REASONS The determination decision was reached for the following reasons: 1. The proposed development complies with the requirements of

the applicable environmental planning instruments and Mid-Western Regional Development Control Plan 2013.

2. The proposed development is considered to be satisfactory in terms of the matters identified in Section 4.15 of the Environmental Planning & Assessment Act 1979.

3. The matters raised within submissions have been addressed in the following manner: • Conditions of consent have been imposed to address the

matters relating to: o further detailed design requirements to complement

the Bombira Estate Subdivision; o easements to be retained; o dust mitigation and no construction traffic

movements through Robert Hoddle Grove (via Moggs Lane); and

o A landscaping plan and street trees are required to be installed in accordance with the DCP 2013 as a result of the loss of trees due to infrastructure provisions required to service the subdivision.

The motion was put and carried with Councillors voting as follows: Councillors Ayes Nayes Cr Paine




Cr Cavalier Cr Holden Cr Karavas Cr Martens Cr O'Neill Cr Shelley

Councillor Kennedy returned to the Chambers at 6:57pm and continued to chair the meeting. The following recommendations (item 8.3 to item 12.7) were adopted as a whole, being moved by Cr Shelley, seconded by Cr Holden and carried with Councillors voting unanimously. Each recommendation is recorded with separate resolution numbers commencing at Resolution No. 72/20 and concluding at Resolution No. 95/20. 8.3 DRAFT MID-WESTERN REGIONAL LOCAL STRATEGIC

PLANNING STATEMENT GOV400087, LAN900107


That Council: 1. receive the report by the Manager, Strategic Planning on

the Draft Mid-Western Regional Local Strategic Planning Statement;

2. endorse the Draft Mid-Western Regional Local Strategic Planning Statement;

3. place the Draft Mid-Western Regional Local Strategic Planning Statement on public exhibition for 28 days in accordance with the provisions of Council’s Community Participation Plan 2019; and

4. receive a further report following the public exhibition period.

The motion was carried with the Councillors voting unanimously. 8.4 MONTHLY DEVELOPMENT APPLICATIONS PROCESSING

AND DETERMINED GOV400087, DEV700023





That Council receive the report by the Director Development on the Monthly Development Applications Processing and Determined.

The motion was carried with the Councillors voting unanimously. 8.5 NSW GOVERNMENT - BUSHFIRE COMMUNITY RESILIENCE

& ECONOMIC RECOVERY FUND GOV400087, GRA600041


That Council: 1. receive the report by the Manager Economic Development

on the NSW Government’s Bushfire Community Resilience & Economic Recovery Fund;

2. accept up to $100,000 in grant funding from the NSW Government for use towards Community Resilience and Economic Recovery iniaititives;

3. authorise the General Manager to finalise and sign funding agreements with the NSW Government if funding applications are successful; and

4. amend the 2019/20 Budget to:

• increase grant funding by $100,000; and

• establish an expenditure budget for Bushfire Community Resilience & Economic Recovery activi

minutes of ordinary meeting - 18 march 2020 · 2020. 4. 17. · mart ens, cr j o'neill, cr p...

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