minutes of ordinary meeting of council - 25 may 2011€¦ · minutes of the ordinary meeting of...

MINUTES of the ORDINARY MEETING OF COUNCIL held on Wednesday 25 May 2011.

This is page 1 of the MINUTES of the ORDINARY MEETING OF COUNCIL of the Council of the CITY OF WAGGA WAGGA held on 25 MAY 2011. ………………………………………….….MAYOR ………………..……..………GENERAL MANAGER

PRESENT

The Mayor, Councillor W Geale OAM Councillor D Argus Councillor Y Braid Councillor A Brown Councillor R Goodlass Councillor G Hiscock Councillor R Kendall Councillor K Pascoe Councillor C Uden Councillor L Vidler Councillor K Wales

IN ATTENDANCE

General Manager (Mr P Pinyon) Acting Director Commercial & Economic Development (Mr G Johnson) Acting Director Corporate Services (Mr M Schmid) Acting Director Environmental & Community Services (Mr D Walker) Director Infrastructure Services (Mr H Kausche) Acting Director Planning (Mr C Farmer) Manager Economic Development (Mr J Davis) Manager Corporate Governance (Ms N McCormack) Manager Finance (Mr C Richardson) Manager Program Integration (Mr A Fenwick) Manager Executive Services (Mr L Grealy) Director Riverina Regional Library (Mr R Knight) Project Manager Recreation (Mr J Bryant) Strategic Planner Recreation (Mr J Bolton) Internal Auditor (Mr P Swaffield) Environmental Compliance Co-ordinator (Mr C Coombes) Executive Assistant Environment and Community (Mrs K Wendt) Governance Coordinator (Mrs N Johnson) Media and Communications Coordinator (Mrs N Crowley) Media Officer (Mr B Koschel)



PRAYER Almighty God, Help protect our Mayor, elected Councillors and staff. Help Councillors to govern with justice, integrity, and respect for equality, to preserve rights and liberties, to be guided by wisdom when making decisions and settling priorities, and not least of all to preserve harmony. Amen.

ACKNOWLEDGEMENT OF COUNTRY

I would like to Acknowledge the Wiradjuri people who are the Traditional Custodians of this Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Community members present.

CONDOLENCE AND SYMPATHY – MR PAT BRASSIL AND MR JAMES “JIM” GEALE The Mayor Councillor W Geale OAM extended condolences and sympathy to the family of the late Mr Pat Brassil in recognition of his contribution to the City in particular his contribution to Wagga Wagga City Council as a Councillor from 1974-2004 that included the position of Deputy Mayor from 1977 to 1982 and Mayoral positions in 1983 and from 1989 to 1995. One minute’s silence in recognition of the passing of Mr Pat Brassil was observed. Deputy Mayor Councillor A Brown on behalf of the Council extended condolences and sympathy to the Mayor Councillor W Geale OAM and his family on the recent passing of his father.

APOLOGIES No apologies received.



CONFIRMATION OF MINUTES

CM-1 CONFIRMATION OF MINUTES - 27 APRIL 2011 11/110 RESOLVED: On the Motion of Councillors R Kendall and A Brown

That the Minutes of the proceedings of the Ordinary Meeting of Council held on 27 April 2011 be confirmed as a true and accurate record.

CARRIED

DECLARATIONS OF INTEREST Councillor R Kendall declared a Non-Pecuniary Interest and remained in the Chamber during its consideration; the reason being that he would like to bring to the attention of the meeting the general declaration made in his annual return in that he has neither interest in nor contract with Xeros Kendall Consulting Engineers, 5 Bye Street, Wagga Wagga. Casual consulting work is undertaken for that entity and other entities. Councillor L Vidler declared an Interest in RP-3 LEGAL EXPENSES AS PER POL 025 - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS the reason being that he is one of the Councillors involved in the matter and vacated the Chamber during its consideration. Councillor C Uden declared a Pecuniary Interest RP-3 LEGAL EXPENSES AS PER POL 025 - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS the reason being that he is one of the Councillors involved in the matter and vacated the Chamber during its consideration. Councillor K Wales declared a Non- Pecuniary Interest in RP-3 LEGAL EXPENSES AS PER POL 025 - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS the reason being that he nominated himself to give evidence in the matter and remained in the Chamber during its consideration.

Councillor K Pascoe declared a Non- Pecuniary Interest in RP-3 LEGAL EXPENSES AS PER POL 025 - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS the reason being that he nominated himself to give evidence in the matter and remained in the Chamber during its consideration.



MAYORAL MINUTE

MM-1 COUNCIL’S PLANNING POWERS

11/111 RESOLVED: On the Motion of The Mayor Councillor W Geale OAM

That Council: a note the Department of Planning & Infrastructure’s (DPI) proposed

dissolution of the Wagga Wagga Interim Joint Planning Panel and the Wagga Wagga Planning Panel

b note that the DPI have resolved not to appoint a planning administrator to Wagga Wagga City Council

c endorse Council’s membership to the Southern Joint Regional Planning Panel

d confirm Council’s representatives on the Southern Joint Regional Planning Panel as Councillor Kerry Pascoe and Councillor Rod Kendall, with Councillor Donna Argus being the alternate representative

e offer a vote of thanks to the Hon Pam Allan, Mr Stephen Driscoll and Ms Terri O'Brien for their valuable contribution to the Wagga Wagga Interim Joint Planning Panel

CARRIED

REPORTS FROM STANDING COMMITTEES

SC-1 ENVIRONMENT AND COMMUNITY STANDING COMMITTEE

The Mayor, Councillor Wayne Geale OAM requested Councillors to nominate any recommendations from the minutes they wished to discuss. No nominations received. 11/112 RESOLVED: On the Motion of Councillors R Goodlass and Y Braid

That the Minutes of the Environment and Community Standing Committee Meeting held on 16 May 2011 be confirmed and recommendations numbered CM-1, NOM-1, RP-1 to RP-3 contained therein be adopted.

CARRIED



SC-2 COMMERCIAL AND ECONOMIC DEVELOPMENT STANDING COMMITTEE MEETING

The Mayor, Councillor Wayne Geale OAM requested Councillors to nominate any recommendations from the minutes they wished to discuss. No nominations received. 11/113 RESOLVED: On the Motion of Councillors K Pascoe and G Hiscock

That the Minutes of the Commercial and Economic Development Standing Committee Meeting held on 16 May 2011 be confirmed and recommendations numbered CM-1, RP-1 and RP-2 contained therein be adopted.

CARRIED

SC-3 PLANNING STANDING COMMITTEE

The Mayor, Councillor Wayne Geale OAM requested Councillors to nominate any recommendations from the minutes they wished to discuss. The Mayor, Councillor W Geale OAM nominated RP-1 DA11/0091 - ALTERATIONS AND ADDITIONS TO DWELLING IN THE CONSERVATION AREA - Lot B DP 356001, 2 SIMMONS STREET, WAGGA WAGGA The Mayor, Councillor W Geale OAM nominated RP-2 DEVELOPMENT APPLICATION DA11/0066: HEALTH CARE CONSULTING ROOMS AND DWELLING, LOT 10, SECTION 48, DP 759031, 109 FOX STREET, WAGGA WAGGA 11/114 RESOLVED: On the Motion of Councillors K Wales and K Pascoe

That the Minutes of the Planning Standing Committee Meeting held on 17 May 2011 be confirmed and recommendations numbered CM-1 and RP-3 contained therein be adopted excluding RP-1 and RP-2.

CARRIED



RP-1 DA11/0091 - ALTERATIONS AND ADDITIONS TO DWELLING IN THE CONSERVATION AREA - Lot B DP 356001, 2 SIMMONS STREET, WAGGA WAGGA

A motion was moved by Councillor C Uden and seconded by Councillor K Wales That Council: a receive and note the report on DA11/091 for Alterations and additions to a

dwelling in the conservation area, 2 Simmons Street, Wagga Wagga, Lot B DP 356001

b approve Development Application DA11/0091 for Alterations & Additions to Dwelling in Conservation Area, 2 Simmons Street WAGGA WAGGA NSW 2650, Lot B DP 356001 in accordance with the following conditions:-

Approved Plans and Documentation 1. The development must be carried out in accordance with the approved plans.

Plan no. Plan/Doc. Title Prepared by Issue Date

1026-DA1 Site Plan Noel Thomson Architecture

A 03-03-11

1026-DA2 Lower Level - Ground Noel Thomson Architecture

A 03-03-11

1026-DA3 Upper Level Noel Thomson Architecture

A 03-03-11

1026-DA4 Roof Level Noel Thomson Architecture

A 03-03-11

1026-DA5 East Elevation & West Elevation Noel Thomson Architecture

A 03-03-11

1026-DA6 North Elevation & South Elevation

Noel Thomson Architecture

A 03-03-11

1026-DA7 Section 1 & Section 2 & Section 3


A 03-03-11

1026-DA8 Site Plan & Existing Condition Plan


A 03-03-11

1026-DA9 South Elevation & West Elevation & East Elevation & North Elevation


A 03-03-11

2 Simmons Street, Wagga Wagga, Statement of Environmental Effects


Feb 2011



Note: Any modifications to the proposal shall be the subject of an application under Section 96 of the Environmental Planning and Assessment Act, 1979. REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

Prior to release of Construction Certificate 2. Submission by a practising Structural Engineer, approved by Council, details of

all structural concrete and structural steelwork prior to issue of Construction Certificate. REASON: It is in the public interest that all building elements are able to withstand the combination of loads and other actions to which it may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

3. Pursuant to s94A of the Environmental Planning and Assessment Act 1979 and City of Wagga Wagga Section 94A Levy Contributions Plan 2006, prior to the issue of the Construction Certificate, the applicant must pay to Council a levy in the amount of $907.50 towards the cost of one or more of the public facilities specified in the Works Schedule to that Plan. This amount must be indexed in accordance with clause 25J(4) of the Environmental Planning and Assessment Regulation 2000 and clause 11 of the City of Wagga Wagga Section 94A Levy Contributions Plan 2006. A copy of the City of Wagga Wagga Section 94A Levy Contributions Plan 2006, is available for inspection at Council Chambers, corner Baylis and Morrow Streets, Wagga Wagga. REASON: Having considered the development in accordance with Section 94 A of the Environmental Planning and Assessment Act 1979, as amended, Council is satisfied that the development will require the provision of, or increase the demand for, public infrastructure, public amenities or services within the area. Section 80A(1)(h) of the Environmental Planning and Assessment Act 1979, as amended.

4. Prior to the issue of the construction certificate, the applicant shall submit to Council additional details /information that the fire separation is adequate for the proposed additions and are in accordance with the requirements for firewalls under the Building Code of Australia. REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act, 1979, as amended.

5. Prior to the release of the Construction Certificate, the applicant is to submit two (2) copies of the design details for the floor, frame, truss, including frame bracing and tie down report.



REASON: It is in the public interest that all building elements are able to withstand the combination of loads and other actions to which it may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

6. The parapet level on the extension is to be removed from the building to give the building a height of no greater than 5.3 metres. Revised plans are to be submitted to comply with this condition prior to the release of the construction certificate. REASON: To reduce the impact on the streetscape and the character of the conservation area. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

6A. Where roof access is proposed the applicant is to submit details in accordance with Section 3.9.2.3 “Balustrades or other barrier construction” of Volume 2 of the Building Code of Australia 2011. Any balustrades or barriers must be visually permeable. Details of the balustrades or barrier is to be submitted to Council to the satisfaction of the Director of Planning prior to the release of the construction certificate. REASON: To reduce the impact on the streetscape and the character of the conservation area. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended. To ensure the development complies with the requirements imposed under Clause 98 of Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

7. The finished floor level of the study must be a minimum of 177.6m AHD. A revised site plan is to be submitted prior to the release of the construction certificate. REASON: To reduce the likelihood of damage from water inundation. Section 79C(1)(c) of Environmental Planning and Assessment 1979, as amended.

8. Prior to the release of the Construction Certificate a Construction Access Management Plan is to be submitted to Council. This plan is to outline the methods of accessing the construction area by materials and vehicles during the construction of the development as vehicular access via adjacent Council owned land both during and after construction is not permitted at any time. REASON: To ensure that construction vehicles do not damage Council property. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

Prior to Commencement of Works 9. Toilet facilities must be provided, at or in the vicinity of the work site on which

work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be:



a) a standard flushing toilet connected to a public sewer, or b) if that is not practicable, an accredited sewage management facility

approved by Council, or c) if that is not practicable, any other sewage management facility approved

by Council. NOTE 1: The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced and the toilet facility must not be removed without the prior written approval of Council. NOTE 2: “Vicinity” in this condition is defined to mean within 50 metres of the subject building site. NOTE 3: The toilet facilities are to comply with all WORK COVER NSW requirements. REASON: To provide adequate sanitary facilities during the construction phase. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

10. The applicant must submit to Council, at least two (2) days prior to the commencement of any works, notification of the details of the Principal Certifying Authority appointed by the owner for the development. NOTE: If the Council must be appointed as the Principal Certifying Authority, the appropriate form to submit to Council, is attached. REASON: It is in the public interest that Council receive notification in accordance with the provision of the Environmental Planning and Assessment Act 1979, as amended. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

11. The applicant must obtain a CONSTRUCTION CERTIFICATE pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as amended from either Council or an accredited certifying authority certifying that the proposed works are in accordance with the Building Code of Australia PRIOR to any works commencing. NOTE 1: No building, engineering, excavation work or food premises fitout must be carried out in relation to this development until the necessary Construction Certificate has been obtained. NOTE 2: YOU MUST NOT COMMENCE WORK UNTIL YOU HAVE RECEIVED THE CONSTRUCTION CERTIFICATE, even if you made an application for a Construction Certificate at the same time as you lodged this Development Application. NOTE 3: It is the responsibility of the applicant to ensure that the development complies with the provision of the Building Code of Australia in the case of building work and the applicable Council Engineering Standards in the case of subdivision works. This may entail alterations to the proposal so that it complies



with these standards. REASON: To ensure the design of the proposed work may be assessed in detail before construction commences and because it is in the public interest that the development complies with the appropriate construction standards. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

12. Prior to the commencement of works erosion and sediment control measures are to be established and maintained to prevent silt and sediment escaping the site or producing erosion. This work must be carried out and maintained in accordance with Council’s

a) Erosion and Sediment Control Guidelines for Building Sites; and b) Soils and Construction, Volume 1, Managing Urban Stormwater

NOTE: All erosion and sediment control measures must be in place prior to earthworks commencing. REASON: To ensure the impact of the work on the environment in terms of soil erosion and sedimentation is minimised. Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

13. The subject land is covered by Council's Tree Management Controls "Preservation of Trees" as set out in the WWCC DCP 2010. Trees impacting on the development shall not be removed from the site without first obtaining approval. Enquiries are to be made to Council's Tree Management Officer by telephoning 1300 292 442. REASON: To ensure that any trees, on or near to the subject land, are not damaged or removed unnecessarily. Section 79C(b) and (c) of the Environmental Planning and Assessment Act 1979, as amended.

14. The existing tree/s to be retained situated within the property of the proposed development shall be protected from all construction works. All care must be taken to protect existing trees from damage. The developer shall identify all trees to be retained prior to commencement of construction works. A Tree Protection Zone (TPZ) shall be constructed for all existing trees to be retained within the development in accordance with Australian Standards - AS 4970-2009 Protection of Trees on Development Sites. Copies of AS 4970-2009 Protection of Trees on Development Sites can be obtained of Australian Standards web site. Construction of Tree Protection Zone’s, shall be completed and inspected by Council’s Tree Management Officer, prior to the commencement of any site works. Contact can be made by phoning 1300 292 442 during normal business hours.



Removal, relocation or disruption of the Tree Protection Zone fencing will be considered as a breach of this consent. TPZ fences shall remain in place until the end of construction. If damage of any sort should occur to any protected trees/ vegetation within the development, contact shall be made with Council’s Tree Management Officer to determine what remedial action should be taken, An Arboricultural company with membership of a professional association as the National Arborists Association of Australia should be engaged to carry out any works associated with the protected trees in Accordance with Australian Standards - AS 4373-2007, Pruning of Amenity Trees. Throughout the construction period regular inspections of protected trees shall be carried out to ensure trees retained are of good health and vigour. REASON: Because it is in the public interest that the subject trees are protected. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

15. Any sewer or stormwater works associated with the development are to meet the requirements of the AS3500 and the New South Wales Plumbing Code of Practice. In this regard, it may be necessary for you to contact a Licensed Plumber and Drainer. A Plumbing Permit must be obtained by a Licensed Plumber and Drainer, prior to any sewer or stormwater work being carried out on site. Further, a final inspection must be carried out upon completion of plumbing and drainage work and prior to occupation of the development. REASON: It is in the public interest that plumbing work is carried out in accordance with AS/NZS 3500 and New South Wales Code of Plumbing Practice, Plumbing and Drainage. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

16. Building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development:

a) in the case of work done by a licensee under the Act: i) has been informed in writing of the licensee’s name and

contractor license number, and ii) is satisfied that the licensee has complied with the requirements

of Part 6 of that Act, OR b) in the case of work to be done by any other person:

i) has been informed in writing of the person’s name and owner-builder permit number, or

ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount



prescribed for the purposes of the definition of owner-builder work in Section 29 of the Act, and, is given appropriate information and declarations under paragraphs a) and b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either a) or b).

NOTE: A certificate issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that the person is the holder of an insurance policy is sufficient evidence to satisfy this condition. REASON: To ensure the development complies with the requirements of Clause 98 of the Environmental Planning and Assessment Regulations 2000, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

17. The applicant is to submit to Council, at least two (2) days prior to the commencement of any works, the attached ‘Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority’. REASON: Because it is in the public interest that Council receive notification in accordance with the provision of the Environmental Planning and Assessment Act 1979, as amended. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

During works 18. The applicant must obtain a Compliance Certificate pursuant to Section 109C of

the Environmental Planning and Assessment Act 1979, as amended, from Council or an accredited certifying authority, certifying compliance with the Building Code of Australia for the stages of construction listed. For the purposes of obtaining the Compliance Certificate the works must be inspected by the accredited certifying authority at the times specified. a) Footings - When the footings have been excavated and all steel

reinforcement has been placed in position. b) Wall frame - When the brick veneer outer wall has been constructed and tied

to the frame. c) Roof frame - When external roof covering has been installed and prior to the

installation of the ceiling lining and eaves soffit lining. d) Wet areas - When the flashing to all wet areas, including the plinth under the

bath, the bathroom, laundry, water closet, ensuite and shower recess have been completed.

e) Final - Required prior to occupation of the building



NOTE 1: A Final Occupation Certificate in relation to the building cannot be issued by Council or an accredited certifying authority until all Compliance Certificates required by this condition have been issued by, or registered with Council. NOTE 2: The above Compliance Certificates are required whether or not the work has been inspected by a Structural Engineer, a lending authority or any other person. If the Compliance Certificates are not issued Council may refuse to issue a Building Certificate under Section 149A of the Environmental Planning and Assessment Act 1979, as amended. NOTE 3: Submission of the bracing plan and the Truss and Frame Certificate is required seven (7) working days before the frame inspection. REASON: It is in the public interest that Compliance Certificates be issued for these components of the development, and Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

19. The demolition must be carried out in accordance with the provisions of Australian Standard AS2601-2001: The Demolition of Structures. REASON: It is in the public interest that the demolition be carried out in a safe manner and that the utilities be protected from damage. Section 79C(1)(a) & (e) of the Environmental Planning and Assessment Act 1979, as amended.

20. All excavation and backfilling associated with the erection/demolition of the building must be properly guarded and protected to prevent them from being dangerous to life or property. NOTE 1: Excavations must be undertaken in accordance with the terms and conditions of Council’s Cut and Fill Policy. REASON: It is in the public interest that all building elements are able to withstand the combination of loads and other actions to which it may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

21. Any alterations or additions marked by Council on the approved plans and/or the specifications must be carried into effect. REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

22. The applicant must take all reasonable steps to minimise dust and noise generation during the demolition and/or construction process. No offensive noise must be emitted during either process. Such activities must only be undertaken Monday to Friday 7.00am to 6.00pm and Saturday 8.00am to 1.00pm, excepting public holidays.



REASON: To ensure building works do not have adverse effects on the amenity of the area. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, and to comply with the Environmental Noise Control Manual, Chapter 171.

23. All building rubbish and debris, including that which can be wind blown, must be contained on site in a suitable enclosure, approved by Council, at all times prior to disposal at Council's Waste Management Centre. The container must be erected on the building site prior to work commencing. Materials and sheds or machinery to be used in association with the construction of the building must not be stored or stacked on Council’s footpath, nature strip, reserve or roadway.

NOTE 1: No building rubbish or debris must be placed, or be permitted to be placed on any adjoining public reserve, footway, road or private land.

NOTE 2: The applicant must retain weighbridge certificates, receipts or dockets that clearly identify where waste has been deposited. Documentation must include quantities and nature of the waste. This documentation must be provided to Council prior to application for an Occupation Certificate for the development. NOTE 3: The suitable container for the storage of rubbish must be retained on site until an Occupation Certificate is issued for the development. REASON: To ensure that the building site and adjoining public places are maintained in a clean and tidy condition so as not to interfere with the amenity of the area. Section 79C (1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

24. All storm water runoff from the proposed development must be collected on site and conveyed to Simmons Street, in a manner consistent with AS 3500 and Council’s Guidelines for Subdivision and Developments. REASON: To provide for the drainage of storm water and minimise the risk of flood damage to adjoining properties. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

25. All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant Construction Certificate or Complying Development Certificate was made). REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

26. A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:



a) stating that unauthorised entry to the site is prohibited, and 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 work hours

c) the development consent or complying development consent number, the name and contact details of the Principal Certifying Authority.

Any sign must be removed when the work has been completed. NOTE: This condition does not apply to: a) building work carried out inside an existing building, or

b) building work carried out on premises that must be occupied continuously (both during and outside work hours) while the work is being carried out.

REASON: It is in the public interest that adequate safety measures are provided. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

Prior to release of Occupation Certificate 27. Council requires a “Works as Executed Diagram” to be approved by Council

Plumbing Inspector, prior to the issue of a Final Plumbing Certificate. The Works as Executed Diagram must be submitted in electronic format in either AutoCAD or PDF File in accordance with Council Requirements. REASON: It is in the public interest that plumbing and drainage work is carried out in accordance with AS/NZS 3500 and the relevant provisions of the New South Wales Code of Plumbing Practice, Plumbing and Drainage. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

28. Council requires a Water Plumbing Certificate from Riverina Water County Council to be submitted to Council, prior to the issue of a Final Certificate for any building work. Note 1: The applicant is to obtain a Plumbing Permit from Riverina Water County Council before any water supply / plumbing works commence and a Compliance Certificate upon completion of works. Contact Riverina Water's Plumbing Inspector Norm Kerslake on 6922 0634. Please be prepared to quote your Construction Certificate number. Note 2: Occupation/Final Building Certificate will not be issued unless Riverina Water's Certificate is received by Council. REASON: To ensure that the water servicing requirements of the development have been approved by the relevant authority. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.



29. The commitments listed in any relevant BASIX Certificate for this development must be fulfilled in accordance with the BASIX Certificate Report, Development Consent and the approved plans and specifications. REASON: To ensure the development complies with the requirements imposed under Clause 97A of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A (11) of the Environmental Planning and Assessment Act 1979, as amended.

General 30. The Applicant is to ensure that should asbestos material be found, that it is

handled, transported and disposed of in accordance with the legislative requirements and standards determined by NSW WorkCover. NOTE: All asbestos material needs to be double wrapped in 200µm thick plastic and disposed of at an EPA licensed facility. In this regard it should be noted that Wagga Wagga City Council's Gregadoo Waste Facility is the only EPA licensed facility within the Local Government Area to accept asbestos material. Council's Waste Management Supervisor requires 24 hours notice prior to disposal of this material REASON: It is in the public interest that asbestos be removed and disposed of in accordance with appropriate standards. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

31. In the event that any Aboriginal site is found in an area affected by works, work will immediately cease and the applicant will contact the Department of Environment Climate Change and Water. Any works which may result in destruction or damage to known Aboriginal sites will require a Consent to Destroy from the Department of Environment Climate Change and Water in accordance with Section 90 of the National Parks & Wildlife Act 1974. REASON: To ensure that Aboriginal sites are protected. Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

32. Prior to the commencement of any plumbing or drainage works, an Activity Approval is required under Section 68, Part B - 4, 5 and 6, of the Local Government Act 1993 and a Plumbing Permit is required under the Plumbing and Drainage Code of Practice. Reason: To ensure that the activity is carried out with the relevant approvals required under the Local Government Act 1993 and the Plumbing and Drainage Code of Practice.

33. Any existing earthenware drainage lines beneath the proposed development must be replaced with PVC to comply with the relevant provisions of AS3500. REASON: It is in the public interest that plumbing and drainage work is carried out in accordance with AS/NZS 3500 and the relevant provisions of the New South Wales Code of Plumbing Practice, Plumbing and Drainage. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as



amended.

An AMENDMENT was moved by Councillor R Kendall and seconded by Councillor Y Braid That Council: a defer consideration of DA11/0091 – ALTERATIONS AND ADDITIONS TO

DWELLING IN THE CONSERVATION AREA – LOT B DP 356001, 2 SIMMONS STREET, WAGGA WAGGA

b receive a further report from staff in relation to the impacts on the Heritage Conservation Area and where it complies or does not comply with the Heritage Conservation Area in the Development Control Plan (DCP) Part 30 Section 3.

The AMENDMENT on being put to the meeting was CARRIED and became the Motion. RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993 For the Motion Against the Motion D Argus R Goodlass A Brown G Hiscock Y Braid C Uden The Mayor, Councillor W Geale OAM L Vidler R Kendall K Wales K Pascoe

11/115 RESOLVED: On the Motion of Councillors R Kendall and Y Braid

That Council: a defer consideration of DA11/0091 – ALTERATIONS AND ADDITIONS TO

DWELLING IN THE CONSERVATION AREA – LOT B DP 356001, 2 SIMMONS STREET, WAGGA WAGGA

b receive a further report from staff in relation to the impacts on the Heritage Conservation Area and where it complies or does not comply with the Heritage Conservation Area in the Development Control Plan (DCP) Part 30 Section 3.

CARRIED



RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993 For the Motion Against the Motion D Argus R Goodlass A Brown C Uden Y Braid L Vidler The Mayor, Councillor W Geale OAM K Wales R Kendall K Pascoe G Hiscock



RP-2 DEVELOPMENT APPLICATION DA11/0066: HEALTH CARE CONSULTING ROOMS AND DWELLING, LOT 10, SECTION 48, DP 759031, 109 FOX STREET, WAGGA WAGGA

11/116 RESOLVED: On the Motion of Councillors K Pascoe and G Hiscock

That Council:

Approve Development Application DA11/0066 for health care consulting rooms and dwelling, Lot 10, Section 48, DP 759031, 109 Fox Street, Wagga Wagga in accordance with the following conditions:-

Approved Plans and Documentation 1. The development must be carried out in accordance with the approved

plans. The Development Application has been determined by the granting of consent subject to the plans/specifications detailed below:

Plan no. Plan/Doc. Title Prepared by

Issue Date

Combined Statement of Heritage Impact and Statement of Environmental Effects

Charles W Merrett

15.02.11

Correspondence Viv Latimer Scanned 24.02.11

10137-1 Details of Existing BCM Design

3 17.01.11

10137-2 Floor & Site Plan, Demolition Plan

BCM Design

3 01.02.11

10137-3 Elevations & Site Analysis BCM Design

3 14.02.11

Note: Any modifications to the proposal shall be the subject of an application under Section 96 of the Environmental Planning and Assessment Act, 1979. REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.



Prior to release of Construction Certificate 2. Provision must be made in the building and on the site for:

a) access to the building for people with disabilities in accordance with the Building Code of Australia;

b) toilet facilities for people with disabilities in accordance with the Building Code of Australia, and such toilet facilities must be accessible to all persons working in, or using, the building; and

c) one motor vehicle parking space on the site for the exclusive use of people with disabilities in accordance with the Building Code of Australia.

NOTE: The applicant must ensure that these matters are addressed in the plans and specifications submitted with the application for a Construction Certificate. REASON: To provide for the use of the development by people with disabilities. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

3. Pursuant to s64 of the Local Government Act 1993, and Division 10 of Part 2 of Chapter 6 of the Water Management Act 2000, prior to the issue of the Construction Certificate a Compliance Certificate must be obtained for water management works (as defined in s283 of the Water Management Act 2000) relating to the development. Alternatively, this condition is satisfied by virtue of payment of the figure nominated within this condition. Evidence of payment receipt shall be provided to Council at Construction Certificate application stage. DSP Sewer contribution: $629.27 DSP Stormwater contribution: Nil NOTE: The total Section 64 contribution required is $629.27. REASON: It is in the public interest that Council maintain the ability to provide adequate water and sewer reticulation services. Section 79C(1)(c) and (e) of the Environmental Planning and Assessment Act 1979, as amended).

4. Under Section 68 of the Local Government Act 1993, approval is required to discharge liquid trade waste to sewer. The applicant is required to submit a Trade Waste application with detailed sewer layout plans including pre-treatment equipment prior to the issue of the Construction Certificate. You are required to check with Council’s business unit on 1300 292 442 to determine if an approval is required.



REASON: To prevent damage to the Council’s Sewage Treatment System and subsequent pollution of the Murrumbidgee River and comply with the Local Government (General) Regulation 2005, and Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

Prior to Commencement of Works 5. Toilet facilities must be provided, at or in the vicinity of the work site on

which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be: a) a standard flushing toilet connected to a public sewer, or b) if that is not practicable, an accredited sewage management facility

approved by Council, or c) if that is not practicable, any other sewage management facility

approved by Council. NOTE 1: The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced and the toilet facility must not be removed without the prior written approval of Council. NOTE 2: “Vicinity” in this condition is defined to mean within 50 metres of the subject building site. NOTE 3: The toilet facilities are to comply with all WORK COVER NSW requirements. REASON: To provide adequate sanitary facilities during the construction phase. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

6. The applicant must submit to Council, at least two (2) days prior to the commencement of any works, notification of the details of the Principal Certifying Authority appointed by the owner for the development. NOTE: If the Council must be appointed as the Principal Certifying Authority, the appropriate form to submit to Council, is attached. REASON: It is in the public interest that Council receive notification in accordance with the provision of the Environmental Planning and Assessment Act 1979, as amended. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

7. The applicant must obtain a CONSTRUCTION CERTIFICATE pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as amended from either Council or an accredited certifying authority certifying that the proposed works are in accordance with the Building Code of Australia PRIOR to any works commencing.



NOTE 1: No building, engineering, excavation work or food premises fitout must be carried out in relation to this development until the necessary Construction Certificate has been obtained. NOTE 2: YOU MUST NOT COMMENCE WORK UNTIL YOU HAVE RECEIVED THE CONSTRUCTION CERTIFICATE, even if you made an application for a Construction Certificate at the same time as you lodged this Development Application. NOTE 3: It is the responsibility of the applicant to ensure that the development complies with the provision of the Building Code of Australia in the case of building work and the applicable Council Engineering Standards in the case of subdivision works. This may entail alterations to the proposal so that it complies with these standards. OPTIONAL NOTE: Dangerous Goods The Construction Certificate plans and specifications will need to be approved by the Dangerous Goods Branch, Department of Industrial Relations, prior to the commencement of any work. REASON: To ensure the design of the proposed work may be assessed in detail before construction commences and because it is in the public interest that the development complies with the appropriate construction standards. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

8. Prior to the commencement of works erosion and sediment control measures are to be established and maintained to prevent silt and sediment escaping the site or producing erosion. This work must be carried out and maintained in accordance with Council’s

a) Erosion and Sediment Control Guidelines for Building Sites; and b) Soils and Construction, Volume 1, Managing Urban Stormwater

NOTE: All erosion and sediment control measures must be in place prior to earthworks commencing. REASON: To ensure the impact of the work on the environment in terms of soil erosion and sedimentation is minimised. Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

9. The subject land is covered by Council's Tree Preservation Order. Trees impacting on the development shall not be removed from the site without first obtaining approval. Enquiries are to be made to Council's Tree Management Office by telephoning 1300 292 442. REASON: To ensure that any trees, on or near to the subject land, are not damaged or removed unnecessarily. Section 79C(b) and (c) of the Environmental Planning and Assessment Act 1979, as amended.



10. The existing tree/s to be retained situated within the property of the proposed development shall be retained and protected from all construction works. All care must be taken to protect existing trees from damage. The developer shall identify all trees to be retained prior to commencement of construction works. A Tree Protection Zone (TPZ) shall be constructed for all existing trees to be retained within the development in accordance with Australian Standards - AS 4970-2009 Protection of Trees on Development Sites. Copies of AS 4970-2009 Protection of Trees on Development Sites can be obtained of Australian Standards web site. Construction of Tree Protection Zone’s, shall be completed and inspected by Council’s Tree Management Officer, prior to the commencement of any site works. Contact can be made by phoning 1300 292 442 during normal business hours. Removal, relocation or disruption of the Tree Protection Zone fencing will be considered as a breach of this consent. TPZ fences shall remain in place until the end of construction. If damage of any sort should occur to any protected trees/ vegetation within the development, contact shall be made with Council’s Tree Management Officer to determine what remedial action should be taken, An Arboricultural company with membership of a professional association as the National Arborists Association of Australia should be engaged to carry out any works associated with the protected trees in Accordance with Australian Standards - AS 4373-2007, Pruning of Amenity Trees. Throughout the construction period regular inspections of protected trees shall be carried out to ensure trees retained are of good health and vigour. REASON: Because it is in the public interest that the subject trees are protected. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

11. Any sewer or stormwater works associated with the development are to meet the requirements of the AS3500 and the New South Wales Plumbing Code of Practice. In this regard, it may be necessary for you to contact a Licensed Plumber and Drainer. A Plumbing Permit must be obtained by a Licensed Plumber and Drainer, prior to any sewer or stormwater work being carried out on site. Further, a final inspection must be carried out upon completion of plumbing and drainage work and prior to occupation of the development.



REASON: It is in the public interest that plumbing work is carried out in accordance with AS/NZS 3500 and New South Wales Code of Plumbing Practice, Plumbing and Drainage. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

12. The applicant is to submit to Council, at least two (2) days prior to the commencement of any works, the attached ‘Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority’. REASON: Because it is in the public interest that Council receive notification in accordance with the provision of the Environmental Planning and Assessment Act 1979, as amended. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

During works 13. The applicant must obtain a Compliance Certificate pursuant to Section

109C of the Environmental Planning and Assessment Act 1979, as amended, from Council or an accredited certifying authority, certifying compliance with the Building Code of Australia for the stages of construction listed in Column 1. For the purposes of obtaining the Compliance Certificate the works must be inspected by the accredited certifying authority at the times specified in Column 2.

COLUMN 1 COLUMN 2 Wall frame When the brick veneer outer wall has been

constructed and tied to the frame. Wet areas When the flashing to all wet areas, including the

plinth under the bath, the bathroom, laundry, water closet, ensuite and shower recess have been completed.

Drainage When the stormwater and roof water drainage system has been completed.

Final Required prior to occupation of the building

NOTE 1: A Final Occupation Certificate in relation to the building cannot be issued by Council or an accredited certifying authority until all Compliance Certificates required by this condition have been issued by, or registered with Council. NOTE 2: The above Compliance Certificates are required whether or not the work has been inspected by a Structural Engineer, a lending authority or any other person. If the Compliance Certificates are not issued Council may refuse to issue a Building Certificate under Section 149A of the



Environmental Planning and Assessment Act 1979, as amended. NOTE 3: Submission of the bracing plan and the Truss and Frame Certificate is required seven (7) working days before the frame inspection. REASON: It is in the public interest that Compliance Certificates be issued for these components of the development, and Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

14. The demolition must be carried out in accordance with the provisions of Australian Standard AS2601-2001: The Demolition of Structures. REASON: It is in the public interest that the demolition be carried out in a safe manner and that the utilities be protected from damage. Section 79C(1)(a) & (e) of the Environmental Planning and Assessment Act 1979, as amended.

15. The Builder must at all times maintain, on the job, a legible copy of the plan and specification approved with the Construction Certificate. REASON: It is in the public interest that a copy of the Construction Certificate plans are available, and Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

16. Any alterations or additions marked by Council on the approved plans and/or the specifications must be carried into effect. REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

17. The applicant must take all reasonable steps to minimise dust and noise generation during the demolition and/or construction process. No offensive noise must be emitted during either process. Such activities must only be undertaken Monday to Friday 7.00am to 6.00pm and Saturday 8.00am to 1.00pm, excepting public holidays. REASON: To ensure building works do not have adverse effects on the amenity of the area. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, and to comply with the Environmental Noise Control Manual, Chapter 171.

18. All building rubbish and debris, including that which can be wind blown, must be contained on site in a suitable enclosure, approved by Council, at all times prior to disposal at Council's Waste Management Centre. The container must be erected on the building site prior to work commencing. Materials and sheds or machinery to be used in association with the construction of the building must not be stored or stacked on Council’s footpath, nature strip, reserve or roadway. NOTE 1: No building rubbish or debris must be placed, or be permitted to be placed on any adjoining public reserve, footway, road or private land.



NOTE 2: The applicant must retain weighbridge certificates, receipts or dockets that clearly identify where waste has been deposited. Documentation must include quantities and nature of the waste. This documentation must be provided to Council prior to application for an Occupation Certificate for the development. NOTE 3: The suitable container for the storage of rubbish must be retained on site until an Occupation Certificate is issued for the development. REASON: To ensure that the building site and adjoining public places are maintained in a clean and tidy condition so as not to interfere with the amenity of the area. Section 79C (1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

19. Prior to the commencement of any plumbing or drainage works, an Activity Approval is required under Section 68, Part B - 4, 5 and 6, of the Local Government Act 1993 and a Plumbing Permit is required under the Plumbing and Drainage Code of Practice. REASON: To ensure that the activity is carried out with the relevant approvals required under the Local Government Act 1993 and the Plumbing and Drainage Code of Practice.

20. All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant Construction Certificate or Complying Development Certificate was made). REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

21. A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

a) stating that unauthorised entry to the site is prohibited, and 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 work hours

c) the development consent or complying development consent number, the name and contact details of the Principal Certifying Authority.

Any sign must be removed when the work has been completed.



NOTE: This condition does not apply to: a) building work carried out inside an existing building, or b) building work carried out on premises that must be occupied

continuously (both during and outside work hours) while the work is being carried out.

REASON: It is in the public interest that adequate safety measures are provided. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

Prior to release of Occupation Certificate / Prior to Operation 22. The building must comply with the requirements of the Commonwealth

Disability Discrimination Act 1992 and the NSW Anti-Discrimination Act 1977.

NOTE 1: The Disability Discrimination Act 1992 and the Anti-Discrimination Act 1977 provide that it is an offence to discriminate against a person in a number of different situations. IT IS THE OWNER’S RESPONSIBILITY TO ENSURE THAT THE BUILDING COMPLIES WITH THIS LEGISLATION.

NOTE 2: Guidelines in respect of disabled access and produced by the Human Rights and Equal Opportunity Commission, are available from the Commission or from Council’s Planning Directorate. The applicant must ensure that these matters are addressed in the plans and specifications submitted with the application for a Construction Certificate. REASON: It is in the public interest that access to the building be provided for persons with disabilities. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

23. The area used for the purpose of skin penetration must comply with the Public Health (Skin Penetration) Regulation 2000. Medical waste, such as sharps, must not be disposed of at any of Council’s Waste Management Facilities. In this regard, a Medical Waste Management Plan must be submitted to Council’s Environmental Health Officer, for approval, prior to the issue of a final Occupation Certificate for the development. REASON: It is in the public interest to manage the disposal of medical waste. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

24. The Class 6 and Class 1a sections of the building be fire separated in accordance with the Building Code of Australia, or alternatively, an alternate solution is to be submitted. NOTE: The Class 6 needs to be Fire Separated by a firewall in the roof area. An alternative solution eg. Fire Alarms through the building plus additional portable fire extinguishers could meet the requirements.



REASON: It is in the public interest that the building provides an adequate level of fire protection. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

25. The building must a) comply b) be upgraded to comply with the Fire Safety Schedule, attached. NOTE: The Fire Safety Schedule supersedes any earlier Fire Safety Schedule and will cease to have effect when any subsequent Fire Safety Schedule is issued. REASON: It is in the public interest that the building provides an adequate level of fire protection. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

26. The owner must submit to Council a final Fire Safety Certificate stating that each essential fire safety measure specified in the current Fire Safety Schedule for the building to which the certificate relates: a) has been assessed by a properly qualified person; and b) was found, when it was assessed, to be capable of performing to a

standard not less than that required by the current Fire Safety Schedule for the building.

Further, the assessment must be carried out within a period of three (3) months of the date on which the final Fire Safety certificate was issued. The owner of the building must forward a copy of the certificate to the New South Wales Fire Brigades and must prominently display a copy in the building. NOTE: A final Fire Safety Certificate must be provided before a final Occupation Certificate can be issued for the building and must be provided if a Fire Safety Order is made in relation to the building premises. REASON: To ensure the development complies with the requirements imposed under clause 153 of the Environmental Planning and Assessment Regulation 2000, as amended. Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

27. The applicant must obtain an Occupation Certificate, pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, from either Council or an accredited certifying authority, prior to occupation of the building.



NOTE: The issuing of an Occupation Certificate does not necessarily indicate that all conditions of development consent have been complied with. The applicant is responsible for ensuring that all conditions of development consent are complied with. REASON: It is in the public interest that an Occupation Certificate be issued prior to occupation of the building. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

28. Council requires a “Works as Executed Diagram” to be approved by Council Plumbing Inspector, prior to the issue of a Final Plumbing Certificate. The Works as Executed Diagram must be submitted in electronic format in either AutoCAD or PDF File in accordance with Council Requirements. REASON: It is in the public interest that plumbing and drainage work is carried out in accordance with AS/NZS 3500 and the relevant provisions of the New South Wales Code of Plumbing Practice, Plumbing and Drainage. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

29. Council requires a Water Plumbing Certificate from Riverina Water County Council to be submitted to Council, prior to the issue of a Final Certificate for any building work. Note 1: The applicant is to obtain a Plumbing Permit from Riverina Water County Council before any water supply / plumbing works commence and a Compliance Certificate upon completion of works. Contact Riverina Water's Plumbing Inspector Norm Kerslake on 6922 0634. Please be prepared to quote your Construction Certificate number. Note 2: Occupation/Final Building Certificate will not be issued unless Riverina Water's Certificate is received by Council. REASON: To ensure that the water servicing requirements of the development have been approved by the relevant authority. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

General 30. All exterior lighting associated with the development must be designed

and installed so that no obtrusive light will be cast onto any adjoining property. NOTE: Compliance with Australian Standard AS4282 “Control of the Obtrusive Effects of Outdoor Lighting” will satisfy this condition. REASON: To prevent the proposed development having a detrimental effect on the developments existing on adjoining land. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.



31. No signs or advertising material must be erected on or in conjunction with the proposed occupation of the site without Council’s prior consent. REASON: Advertising structures are a development requiring the consent of Council in the zone which applies to the subject land. Section 79C(1)(a) of the Environmental Planning and Assessment Act 1979, as amended.

32. No more than 2 medical practitioners may practice from the premises and no more than 4 staff may be in attendance at the practice at any one time. Any expansion of the practice is subject to a further Development Application. The medical practice is to be confined to those rooms shown as part of the practice on Plan10137-2, prepared by BCM Design and dated 1.02.2011 and shall not operate from other rooms of the dwelling. The practice shall operate within the definition of "health consulting rooms" as per the Dictionary in Wagga Wagga Local Environmental Plan 2010. NOTE: The WWLEP 2010 defines health consulting rooms as a medical centre that comprises one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals who practise in partnership (if there is more than one such professional) who provide professional health care services to members of the public. REASON: The premises is being assessed as health consulting rooms. Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, as amended.

CARRIED

RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993 For the Motion Against the Motion D Argus A Brown Y Braid R Goodlass The Mayor, Councillor W Geale OAM G Hiscock R Kendall K Pascoe C Uden L Vidler K Wales



SC-4 CORPORATE GOVERNANCE STANDING COMMITTEE

The Mayor, Councillor Wayne Geale OAM requested Councillors to nominate any recommendations from the minutes they wished to discuss. No nominations received. 11/117 RESOLVED: On the Motion of Councillors G Hiscock and K Wales

That the Minutes of the Corporate Governance Standing Committee Meeting held on 17 May 2011 be confirmed and recommendations numbered CM-1, RP-1 to RP-6 contained therein be adopted.

CARRIED

SC-5 INFRASTRUCTURE SERVICES STANDING COMMITTEE

The Mayor, Councillor Wayne Geale OAM requested Councillors to nominate any recommendations from the minutes they wished to discuss. No nominations received. 11/118 RESOLVED: On the motion of Councillors A Brown and R Kendall

That the Minutes of the Infrastructure Services Standing Committee Meeting held on 17 May 2011 be confirmed and recommendations numbered CM-1, RP-1 and M-1 contained therein be adopted.

CARRIED



NOTICE OF MOTION OF RESCISSION

NOR-1 RESCISSION MOTION - WAGGA WAGGA EXHIBITION CENTRE 11/119 RESOLVED: On the Motion of Councillors A Brown and G Hiscock

That Council rescind resolution 10/0055 carried on 22 February 2010 which reads as follows:

That Council: a note the public submissions received on the Wagga Wagga

Exhibition Centre Master Plan document b adopt the amended Wagga Wagga Exhibition Centre Master Plan c endorse Option B for the Wagga Wagga Exhibition Centre as the

preferred development option for the area CARRIED

A Division was called by Councillor K Wales. For the Motion Against the Motion D Argus Y Braid A Brown K Pascoe R Goodlass C Uden The Mayor, Councillor W Geale OAM L Vidler G Hiscock K Wales R Kendall



NOR-2 WAGGA WAGGA EXHIBITION CENTRE

11/120 RESOLVED: On the Motion of Councillors A Brown and R Goodlass

That Council:

a note the public submissions received on the Wagga Wagga Exhibition Centre Master Plan document

b adopt the amended Wagga Wagga Exhibition Centre Master Plan c endorse Option A for the Wagga Wagga Exhibition Centre as the

preferred development option for the area d note the need for property acquisition to implement Option A and that a

further report regarding Council’s purchase of the relevant properties be received

e conduct a Workshop Meeting with Equestrian Groups involving Councillors and Staff to determine the preferred location and venue requirements for the various equestrian groups including Dressage, Rodeo, Eventing, Showjumping and other interested horse pursuits

f receive a further report on possible amendments to the site plan for the Exhibition Centre

g through the Mayor instigate a meeting with the Outdoor Association in order to reach an agreement on the release and use of the bequeathed funds held for the development of equestrian facilities at the Equex Centre with Council to contribute an amount at least equivalent to the bequest

h through the Mayor contact both Charles Sturt University and the Riverina Equestrian Association informing them of Council’s preferred way forward

CARRIED A Division was called by Councillor K Wales. For the Motion Against the Motion A Brown R Goodlass Y Braid The Mayor, Councillor W Geale OAM K Pascoe G Hiscock C Uden R Kendall L Vidler D Argus K Wales



Councillor D Argus vacated the Chamber at 7:40pm.

Councillor D Argus entered the Chamber at 7:43pm.

Councillor R Goodlass vacated the Chamber at 7:43pm.

Councillor R Goodlass entered the Chamber at 7:45pm.

Councillor K Wales vacated the Chamber 7:56pm and did not return to the Chamber during the meeting.

PROCEDURAL MOTION – EN GLOBO

11/121 RESOLVED: On the Motion of Councillors D Argus and R Goodlass

That the standing orders be varied for the meeting as set out hereunder:

• Items where councillors wish to speak • Items where no councillors wish to speak • Confidential • Matter of urgency • Closure of Meeting

That RP-2, RP-4, RP-6, RP-7 and M-1 be adopted as recommended in the business papers.

CARRIED



REPORTS FROM STAFF

RP-1 ANNUAL GRANTS PROGRAM 11/122 RESOLVED: On the Motion of Councillors R Kendall and A Brown

That Council appoint at least two Councillors with two alternate Councillors being nominated to form a panel to assess applications received under the annual grants program.

CARRIED Councillor R Goodlass was nominated by Councillor R Kendall Councillor R Goodlass accepted the nomination Councillor D Argus was nominated by Councillor R Kendall Councillor D Argus accepted the nomination The Mayor Councillor W Geale OAM was nominated by Councillor R Kendall as the alternate Councillor The Mayor, Councillor W Geale OAM accepted the nomination as the alternate Councillor Y Braid was nominated by Councillor K Pascoe Councillor Y Braid accepted the nomination Councillor K Pascoe was nominated by Councillor L Vidler Councillor K Pascoe accepted the nomination Councillor R Goodlass, Councillor D Argus, Councillor Y Braid and Councillor K Pascoe were duly elected to as Council’s representatives on the panel to assess applications received under the annual grants program. The Mayor, Councillor W Geale OAM was duly elected to as Council’s alternate representative on the panel to assess applications received under the annual grants program.



RP-2 DISCLOSURE OF PECUNIARY INTEREST RETURN - DESIGNATED STAFF


That Council receive and note the Register of Pecuniary Interest Returns, containing the return of the Director of Commercial and Economic Development.

CARRIED

RP-3 LEGAL EXPENSES AS PER POL 025 - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS

Councillor C Uden declared a Pecuniary Interest and vacated the Chamber at 8:02pm. Councillor L Vidler read a prepared statement, declared an Interest and vacated the Chamber at 8:03pm. 11/124 RESOLVED: On the Motion of Councillors A Brown and R Kendall

That Council agree to further consider an application for payment of legal fees incurred by Councillor C Uden and Councillor L Vidler at the conclusion of the Code of Conduct investigation in accordance with clause 3.6.9.2 of Council’s adopted Policy, POL 025 – Payment of Expenses and Provision of Facilities to Councillors.

CARRIED

Councillor C Uden entered the Chamber at 8:09pm. Councillor L Vidler entered the Chamber at 8:09pm.

Councillor D Argus vacated the Chamber at 8:10pm and did not return to the Chamber during the meeting.

.



RP-4 DELIVERY PROGRAM 2010/11 THIRD QUARTER PERFORMANCE REPORT


That Council note the Delivery Program 2010/2011 Performance Report for the second quarter ended 31 March 2011.

CARRIED

RP-5 AUSTRALIAN TRUCK DRIVERS' MEMORIAL AT TARCUTTA A Motion was moved by Councillor R Kendall and seconded by Councillor K Pascoe

That Council: a grant a Community Licence to the Australian Truck Drivers’ Memorial

Incorporated with their stated below committee structure for a period of five (5) years at the Council annual Community Licence amount of $416.00 plus GST, indexed annually to CPI:

• 7 members from the current Australian Truck Drivers’ Memorial Incorporated Board

• 3 Tarcutta residents as community representatives including • 1 Trans-Help Foundation representative (should membership be

accepted by the Trans-Help Foundation) • 1 Council representative by way of appointment of the Mayor as

Chairperson for the committee; or

b include the following additional clause within the Community Licence agreement:

The Licencee must provide Council with annual reporting statements to include information on income and expenditure and annual activities relating to the memorial wall

c authorise the execution of all necessary documents under Council's common seal as necessary

d advise the unsuccessful applicant in writing



An AMENDMENT was moved by Councillor L Vidler and seconded by Councillor Y Braid That Council: a not grant a community licence to either applicant i) Australian Truck Drivers’

Memorial Incorporated or applicant ii) Trans-Help Foundation b form a Council Committee with the following membership:

• 4 representatives of the current Australian Truck Drivers Memorial Committee

• 4 representatives from Trans-Help • 1 Australian Road Transport and Heritage Centre Committee

representative • 1 Tarcutta resident • 1 elected member of Wagga Wagga City Council

c advise the unsuccessful applicants in writing

The AMENDMENT being put to the meeting was CARRIED and became the Motion. 11/126 RESOLVED: On the Motion of Councillors L Vidler and Y Braid

That Council: a not grant a community licence to either applicant i) Australian Truck

Drivers’ Memorial Incorporated or applicant ii) Trans-Help Foundation b form a Council Committee with the following membership:

• 4 representatives of the current Australian Truck Drivers Memorial Committee

• 4 representatives from Trans-Help • 1 Australian Road Transport and Heritage Centre Committee

representative • 1 Tarcutta resident • 1 elected member of Wagga Wagga City Council

c advise the unsuccessful applicants in writing

CARRIED



Councillor G Hiscock vacated the Chamber at 8:23pm

Councillor A Brown vacated the Chamber at 8:23pm

Councillor G Hiscock entered the Chamber at 8:24pm

Councillor A Brown entered the Chamber at 8:24pm

RP-6 COMPLETION OF THE WAGGA WAGGA EXHIBITION CENTRE NETBALL COURTS UPGRADE


That Council: a receive and note the report b note a budget saving of $250,214 (GST exclusive) from the Wagga Wagga

Exhibition Centre Netball Courts Upgrade project c allocate $452,400 for the remediation and sealing of the Wagga Wagga

Exhibition Centre netball carpark utilising the following funding sources: (i) budget saving of $250,214 from the Wagga Wagga Exhibition

Centre Netball Courts Upgrade project (ii) reallocation of $202,186 from the Urban heavy patching and

rehabilitation program d refer consideration to recoat the Wagga Wagga Exhibition Centre netball

courts with an acrylic surface to the Long Term Financial Plan in 2020/21 at an estimated cost of $150,000

CARRIED



RP-7 SEWER & STORMWATER - REFUND OF DEVELOPMENT APPLICATION, BUILDOVER APPLICATION, APPLICATION TO ENCUMBER A MAIN/EASEMENT AND ENCUMBRANCE FEES, FOR LOT 39 DP 253648 MERINDA CRESCENT, KOORINGAL


That Council: a refund the Development Application, Buildover Application and

Encumbrance Fees only, associated with the existing encumbrance over the Council Sewer/Stormwater Mains and Easement at (Lot 39 DP 253648) Merinda Crescent, Kooringal

b note the condition of approval for the encumbrance of the buildover is subject to the generation of a Positive Covenant and Annexure under Section 88E of the Conveyancing Act (1919) indemnifying Council of any risk arising from the encumbrance

CARRIED

COMMITTEE MINUTES

M-1 AUDIT AND RISK COMMITTEE MEETING MINUTES 11/129 RESOLVED:

On the Motion of Councillors D Argus and R Goodlass

That the Council receive and note the minutes of the Audit and Risk Committee Meeting held on the 25 January 2011.

CARRIED



CLOSED COUNCIL

11/130 RESOLVED: On the Motion of Councillors K Pascoe and R Kendall

That the Council now resolve itself into a Closed Council, the time being 8:29PM

AT THIS STAGE OF THE MEETING THE PRESS AND PUBLIC GALLERY RETIRED FROM THE COUNCIL MEETING.

CONFIDENTIAL REPORTS

CONF-1 LICENSING OF THE WIRADJURI GOLF CENTRE, NARRUNG STREET, WAGGA WAGGA

11/132.1 RESOLVED: On the Motion of Councillors K Pascoe and R Kendall

That Council: a enter into a Licence agreement with Mr John King, upon the following

terms: i Property – Lots A & B DP 362030, Lot 8 DP 833386 and Lot 1 DP

260462 known as the Wiradjuri Golf Centre Narrung Street, Wagga Wagga

ii. Term – Three (3) years iii. Rental – As denoted in the body of this report

b authorise the execution of all necessary documents under Council’s common seal as necessary

CARRIED



CONF-2 PURCHASE OF WAGGA WAGGA CBD PROPERTY 11/132.2 RESOLVED: On the Motion of Councillors K Pascoe and R Kendall

That Council: a agree to purchase the property named in the body of this report and on

the terms specified in the body of this report b That upon acquisition, the property identified in the report be classified as

operational land in accordance with Section 31 (2) of the Local Government Act 1993 (as amended)

c authorise the affixing of Council’s Common Seal to all relevant documents as required

CARRIED

CONF-3 RFT23/2011 OASIS HAZARDOUS CHEMICAL STORE 11/132.3 RESOLVED: On the Motion of Councillors K Pascoe and R Kendall

That Council: a accept the tender of Burton Constructions Pty Ltd for the construction of

the Oasis hazardous chemical store in the lump sum amount of $176,990 including GST

b authorise the General Manager or his delegate to enter into a contract with Burton Constructions Pty Ltd for the construction of the Oasis hazardous chemical store

c advise the unsuccessful tenderers in writing d authorise the affixing of Council’s Common Seal to all relevant documents

as required CARRIED



CONF-4 RFT25/2011 REHABILITATION OF GRAVITY SEWER MAINS KOORINGAL AND TURVEY PARK

11/132.4 RESOLVED: On the Motion of Councillors R Kendall and L Vidler

That Council: a pursuant to regulation 178(1)(b) decline to accept any of the tenders

received for the RFT 25/2011 REHABILITATION OF GRAVITY SEWER MAINS KOORINGAL AND TURVEY PARK accordance with their original tender submissions

b pursuant to regulation 178(3)(e) authorise the General Manager to enter

into negotiations with Keough’s Plant Hire Pty Ltd and Pipe Replacement Solutions Pty Ltd with a view to entering into a contract

c pursuant to regulation 178(4)(a) indicate that the reasons for declining to

invite fresh tenders are it is considered that there is no likelihood that further submissions would be received from the market

d pursuant to regulation 178(4)(b) indicate that the reasons for determining

to enter into negotiations with Keough’s Plant Hire Pty Ltd and Pipe Replacement Solutions Pty Ltd is because both tenderers have demonstrated their ability to perform the services required by the contract but Council requires further clarification of contractor time schedules

e authorise the affixing of Council’s Common Seal to all relevant documents

as required f advise the unsuccessful parties in writing

CARRIED



CONF-5 RFT26/2011 EMERGENCY LEVEE BANK REPAIRS STAGE III 11/132.5 RESOLVED: On the Motion of Councillors K Pascoe and R Kendall

That Council: a accept the tender of D & L McCallum Pty Ltd (Option1) for the emergency

levee bank repairs in the lump sum amount of $855,322 b authorise the General Manager or his delegate to enter into a contract with

D & L McCallum Pty Ltd for the emergency levee bank repairs c advise the unsuccessful tenderers in writing d authorise the affixing of Council’s Common Seal to all relevant documents

as required CARRIED

CONF-6 RIVERINA WATER COUNTY COUNCIL - URBAN NATURE STRIP LAWN REPLACMENT SCHEME

11/132.6 RESOLVED: On the Motion of Councillors K Pascoe and R Kendall

That Council: a support the Riverina Water County Council’s program to encourage

householders to replace irrigated lawn on their nature strips with low water use alternatives

b note the issues of potential risk and financial liability as outlined in this report as it relates to Wagga Wagga City Council resulting from the implementation of the urban nature strip lawn replacement scheme as proposed by Riverina Water County Council

c endorse an interim conditional agreement as generally described in this report between Wagga Wagga City Council and Riverina Water County Council to facilitate the implementation of the urban nature strip lawn replacement scheme

d receive a further report for the adoption of a newly amended Roads Reserve Policy (POL 008) for public exhibition

CARRIED



REVERSION TO OPEN COUNCIL

11/131 RESOLVED: On the Motion of Councillors K Pascoe and A Brown

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 9:13pm.

REPORT OF PROCEEDINGS OF CLOSED COUNCIL

11/132 RESOLVED: On the Motion of Councillors K Pascoe and A Brown

That the recommendations contained in the report of the proceedings of the Closed Council be adopted. THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 9:15pm.

………………………………………………….. MAYOR

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