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DUNGOG SHIRE COUNCIL

Minutes of the Ordinary Meeting

21 October 2008

This is page number 2 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 21 October 2008.

TABLE OF CONTENTS NOTICE OF MOTION GENERAL MANAGER

1. IPART Review of the Revenue Framework for Local Government 2. Council Committee Structure 3. Gloucester Coal Seam Gas Project 4. Hunter Water Corporation & Dungog Menshed Inc 5. Federal Government Matters 6. Pecuniary Interest Returns 7. Department of Local Government Circulars EXECUTIVE MANAGER – CORPORATE SERVICES

1. Statement of Investments 2. Works Cost Statement for period ending 31 August 2008 3. Works Cost Statement for period ending 30 September 2008 3. Councillors Travelling & Other Expenses 4. RTA Agency 5. Request for Financial Assistance from Dungog A & H Association Inc 6. Hunter Valley Research Foundation EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS

1. Department of Lands Licence (Mount Richardson) 2. Salisbury Cemetery Access – Grant Application 3. Timber Bridge Program 4. Works Progress Report 5. Blackspot Program 6. Traffic & Road Safety Committee MANAGER – PLANNING

1. Environmental Planning & Assessment Amendment Act 2008 2. Draft Discussion Paper – Future Directions for Regional NSW 3. Planning Assessment Commission & Building Professionals Board 4. Strategic Planning Update 5. D N Wells – Development Application 95/08 6. P & J A Flannery – Development Application 99/08 7. Hill Top Planner – Development Application 38/06 8. Dungog Shire Development Control Plan – Complying Development 9. Draft Delegated Authority Policy for Development Applications 10. LEP Amendment No. 6 11. P V Dillon – Vacant Holding Application 12. Gresford Sporting Complex 13. Local Heritage Fund 14. Continuing Use Rights 15. B & R McCutcheon 16. R & R Thompson (Coeplan Consultants) 17. Development Applications – Delegated Authority MANAGER – ENVIRONMENTAL SERVICES

1. Delegations Under the Noxious Weeds Act 1993 2. Hunter & Central Coast Regional Environmental Management 3. Gloucester Coal Seam Gas Project 4. Railcorp Quarry at Martins Creek 5. Illegal Dumping 6. Crown Land Grant for Clarence Town Cemetery 7. Extension of Trading Hours & Changes to Restaurant Licences


CONFIDENTIAL SECTION MANAGER – PLANNING 1. Continuing Use Rights 2. B & R McCutcheon 3. R & R Thompson (Coeplan Consultants) MANAGER – ENVIRONMENTAL SERVICES 1. Martins Creek Railcorp Quarry COMPLIMENTS


MINUTES OF THE ORDINARY MEETING OF DUNGOG SHIRE COUNCIL HELD AT DUNGOG SHIRE COUNCIL OFFICES ON 21 OCTOBER 2008 COMMENCING AT 6.02 PM. PRESENT: The Mayor, Councillor G D Wall, and Councillors L D Mitchell, J F Thompson, S B Farrow, I S Lloyd, P D Ainsworth, A G McKenzie, H F Johnston and R A Booth. OFFICERS IN ATTENDANCE: C F Deasey, General Manager, G W McDonald, Executive Manager Infrastructure & Assets, M D Brown, Manager Planning and T J Kavanagh, Manager Environmental Services. APOLOGY: S L Chandler, Executive Manager Corporate Services. ABSENT: Nil DECLARATION OF INTERESTS: Nil CONFIRMATION OF MINUTES:

Minute No. 34181 RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that the Minutes of the Ordinary Meeting of Council, held on Tuesday 19 August 2008 having been circulated amongst the members of the Council be confirmed.

Minute No. 34182 RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that the Minutes of the Extraordinary Meeting of Council, held on Tuesday 23 September 2008 having been circulated amongst the members of the Council be confirmed. MATTERS ARISING: Nil The Prayer was delivered by Rev Pirial Clift. The Ode was delivered by the Mayor, Cr Glenn Wall.

Minute No. 34183 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that the Order of Council business be suspended to allow members of the public to address Council. On being put the motion was carried.

###### The Order of Council business was suspended at 6.06 pm. Dave Watson – spoke in favour of the recommendation of the Notice of Motion Marion Stuart – spoke against the recommendation of the Notice of Motion Sally Corbett – spoke in favour of the recommendation of the Notice of Motion Tim Olsen – spoke against the recommendation of the Notice of Motion Kate Murphy – spoke against the recommendation of the Notice of Motion Linda Bowden – spoke in favour of the recommendation of the Notice of Motion

###### Minute No. 34184

A MOTION was moved by Cr Wall and seconded Cr McKenzie that Council resume the Order of Council business. On being put the motion was carried. The Order of Council business resumed at 6.25 pm.


NOTICE OF MOTION

Minute No. 34185

A MOTION was moved by Cr Thompson and seconded by Cr Booth that: 1. Dungog Shire Council request the State Government to undertake an independent review of the need for Tillegra Dam based on a comprehensive study of all options for sustainable water supply for the Lower Hunter and Central Coast. 2. Dungog Shire Council request Hunter Water Corporation to fund a statistically robust survey

of community attitudes to Tillegra Dam and that the results of the survey be forwarded to all relevant parties, including Government and Opposition members, Hunter Water, community organisations and the media.

3. A policy on the position on Tillegra Dam be debated for consideration and adoption by

Council to provide clear guidance to all Councillors and staff for all future dealings with the Tillegra Dam proposal.

On being put the motion was carried. GENERAL MANAGER'S REPORT

Craig Deasey 1. IPART REVIEW OF THE REVENUE FRAMEWORK FOR LOCAL GOVERNMENT EF07/70 Précis: Reporting on the IPART review of the revenue framework for local government.

********** Minute No. 34186

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

Craig Deasey 2. COUNCIL COMMITTEE STRUCTURE EF08/215 Précis: Reporting on clarification as regards a Council Delegate to the Williams River Consultative Committee.

********** Minute No. 34187

RESOLVED on the motion of Cr Farrow and seconded by Cr Lloyd that:

1. The report be received and noted. 2. Council appoint a delegate to the NSW Maritime NSW Consultative Committee, with that

delegate being Cr McKenzie.


Craig Deasey

3. GLOUCESTER COAL SEAM GAS PROJECT EF08/542 Précis: Reporting on correspondence from Lucas Energy.

*********** Minute No. 34188

RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that: 1. The report be received and the information noted. 2. Council nominate a Councillor representative to the Gloucester Coal Seam Gas Project

Community Reference Group, with that representative being Cr Ainsworth.

Craig Deasey 4. HUNTER WATER CORPORATION & DUNGOG MENSHED INC. EF08/568 Précis: Reporting on correspondence from Hunter Water Corporation in relation to Dungog Menshed Inc.

*********** Minute No. 34189

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that: 1. The report be received and the information noted. 2. Council advise Hunter Water Corporation that it is in the interests of Dungog Menshed Inc.

to exclude Dungog Shire Council from the proposal and that the lease be directly negotiated between the two parties.

Craig Deasey 5. FEDERAL GOVERNMENT MATTERS EF08/ 627 Précis: Reporting on correspondence & Media announcements from Minister Albanese the Federal Minister for Infrastructure, Transport, Regional Development and Local Government.

********** Minute No. 34190

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


Craig Deasey

6. PECUNIARY INTEREST RETURNS EF08/525 Précis: Reporting on the statutory requirement to table pecuniary interest declarations.

********** Minute No. 34191

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that: 1. The report be received and noted. 2. The General Manager tabled the pecuniary Interests register.

Craig Deasey 7. NSW DEPARTMENT OF LOCAL GOVERNMENT CIRCULARS EF08/142 Précis: Providing a summary of circulars that have been released by the Department of Local Government.

********** Minute No. 34192

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that the report be received and information noted. CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGER'S REPORT

Shaun Chandler 1. STATEMENT OF INVESTMENTS

EF08/220

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

********** Minute No. 34193

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


Cheryl Hyde 2. WORKS COST STATEMENT

EF 08/221 Précis: A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports grounds cost centres.

******** Minute No. 34194

RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the Works Cost Statement for the period ending 31 August 2008 be received and noted.

Cheryl Hyde 3. WORKS COST STATEMENT

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

******** Minute No. 34195

RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the Works Cost Statement for the period ending 30 September 2008 be received and noted.

Shaun Chandler 4. COUNCILLORS TRAVELLING & OTHER EXPENSES

EF 08/222

Précis: Report on Councillors travelling for Councillors information.

********** Minute No. 34196

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


Cheryl Hyde

5. RTA AGENCY EF08/62 Précis Reporting on the performance of the RTA agency for the financial year 2007/08.

******** Minute No. 34197

RESOLVED on the motion of Cr Mitchell and seconded by Cr Farrow that: 1. The report be received and the information noted. 2. Council note the efforts of Mrs Joan Yates and Ms Helen Mammino in the continued high

quality service and conduct of the RTA agency.

Shaun Chandler 6. REQUEST FOR FINANCIAL ASSISTANCE FROM DUNGOG A & H ASSOCIATION INC. EF08/3 Précis: Request for financial assistance from Dungog A & H Association Inc.

********** Minute No. 34198

RESOLVED on the motion of Cr Farrow and seconded by Cr Ainsworth that Council decline this request for assistance as Council already contributes significantly throughout the year toward the showground and committee.

Shaun Chandler 7. HUNTER VALLEY RESEARCH FOUNDATION EF08/20 Précis: Reporting on correspondence in relation to the annual sponsorship allowance.

********** Minute No. 34199

RESOLVED on the motion of Cr McKenzie and seconded by Cr Lloyd that Council increase their support to the HVRF to $1,700 GST incl. with the budget adjustment to be met from the Section 356 budget allocation.


INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGER REPORT

Greg McDonald 1. DEPARTMENT OF LANDS LICENCE (MOUNT RICHARDSON) EF08/442 Précis: Reporting on the Department of Land’s intention to enter into a licence agreement with Dungog Council for the use of Crown land at Mount Richardson.

********** Minute No. 34200

A MOTION was moved by Cr Mitchell and seconded by Cr McKenzie that Council enter into the licence agreement with the Department of Lands and the Common Seal of Council be affixed to the agreement. On being put the motion was carried.

Greg McDonald 2. SALISBURY CEMETERY ACCESS – GRANT APPLICATION EF07/26 Précis: Providing Council with an update on the crossing at Salisbury Cemetery.

********** Minute No. 34201

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that: 1. The grant application for the NSW Fisheries be accepted and the Council seal be applied to

any agreement documents. 2. Council now proceeds to construct the crossing as resources permit.

Greg McDonald 3. TIMBER BRIDGE PROGRAM EF07/10 Précis: Providing Council with an update to the Regional Roads Timber Bridge Program.

********** Minute No. 34202

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that: 1. Council decline to accept the funding offer from the RTA 2. Council continue to pursue Hunter Water Corporation to replace the timber bridges on

Clarence Town Road as part of the haul route upgrade.


Steve Hitchens 4. WORKS PROGRESS REPORT 184 Précis: Reporting on construction and maintenance works.

**********

Minute No. 34203 RESOLVED on the motion of Cr Mitchell and seconded by Cr Johnston that the report be received and information noted.

Greg McDonald 5. BLACKSPOT PROGRAM EF08/543 Précis: Reporting on the successful Blackspot nominations for 2008/09.

********** Minute No. 34204

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

Terry AG Wilson 6. TRAFFIC AND ROAD SAFETY COMMITTEE EF08/5 Précis: Reporting on the Traffic and Road Safety Committee meeting held on 1 September 2008.

********** Minute No. 34205

RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the minutes of the traffic committee be received.

Minute No. 34206 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that the Order of Council business be suspended to allow members of the public to address Council. On being put the motion was carried.

###### The Order of Council business was suspended at 7.42 pm. Rosemary Thompson – spoke on item no. 16 Manager Planning’s report. Paddy Dillon – spoke on item no. 11 Manager Planning’s report.

###### Minute No. 34207

A MOTION was moved by Cr Wall and seconded by Cr Lloyd that the Order of Council business resume. On being put the motion was carried. The Order of Council business resumed at 7.52 pm.


MANAGER PLANNING PLANNING DEPARTMENT

Matthew Brown 1. ENVIRONMENTAL PLANNING & ASSESSMENT AMENDMENT ACT 2008 EF08/172 Précis: Commencement of certain provisions of the Environmental Planning and Assessment Amendment Act 2008.

******** Minute No. 34208

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

Matthew Brown 2. DRAFT DISCUSSION PAPER – FUTURE DIRECTIONS FOR REGIONAL NSW EF08/27 Précis: Draft Discussion Paper – Future Directions for Regional NSW.

******** Minute No. 34209

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

Matthew Brown 3. PLANNING ASSESSMENT COMMISSION & BUILDING PROFESSIONALS BOARD EF08/361 Précis: Planning Assessment Commission (PAC) and Building Professionals Board (BPB).

******** Minute No. 34210

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

Matthew Brown 4. STRATEGIC PLANNING UPDATE EF08/226 Précis: There are at present a number of strategic planning applications being processed. Refer to the summary and status included below.

********** Minute No. 34211

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


Matthew Brown

5. D N WELLS – LOTS 33 & 34 DP 7055 NO. 25-27 SHORT STREET GRESFORD DA 95/08

A MOTION was moved by Cr Thompson and seconded by Cr McKenzie that the matter be deferred for one month to allow further consultation with the applicant’s planners, Ward Councillors and Council staff. On being put the motion was defeated.

Minute No. 34212

A MOTION was moved by Cr Wall and seconded by Cr Mitchell that the application be refused due to: 1. The proposal does not comply with clause 13(e) of the Dungog Local Environmental Plan

2006. 2. The proposal does not comply with the explanatory note in clause 28 of the Dungog Local

Environmental Plan 2006. 3. The proposal does not comply with the Dungog Development Control Plan - Part C, 2.2 -

Dungog Rural Residential Control Plan. 4. The proposal does not comply with the Dungog Development Control Plan - Part D –

Gresford Local Area Plan (LAP), in particular section 7.2. 5. The proposal does not comply with the Dungog Rural Strategy 2003, in particular the

planning principles and section 16.4. On being put the motion was carried.

Councillor Vote: For- Crs, Booth, Ainsworth, Lloyd, McKenzie, Farrow, Mitchell, Wall, Johnston. Against- Cr Thompson

Brent Mason 6. P & J A FLANNERY – LOT 12 DP 773516, 215 GLEN WILLIAM ROAD, CLARENCE TOWN DA 99/08

Minute No. 34213

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that Council approve a telecommunications installation at Lot 12, DP 773516, 215 Glen William Road Clarence Town subject to the following conditions.

Attachment A - Conditions of the Development Consent This consent is subject to the following conditions:- Prior to Commencement 1. The applicant shall obtain a Construction Certificate. 2. Provide for the approval of Council a suitable program and management plan to measure

the EME levels prior to and after installation, In relation to potential impact to residential areas.


3. Submit to Council for approval a detailed landscape plan nominating the location, species and mature height of the proposed plants. The landscaping plan is to be provided between the structure and the boundary’s where a variation to Council’s building line has been approved. The landscaping is to be semi mature, planted in 3 rows at a spacing interval to achieve an effective screen to the satisfaction of Council.

General 4. The applicant is to certify that the facility complies with relevant Australian exposure

standards as specified by the ACA; 5. In the event of emissions other than electromagnetic radiation arising from the installation

and operation of the infrastructure, the applicant is to notify Council and the EPA and to recommend a preferred strategy of amelioration;

6. Infrastructure must be removed when it is no longer in use. 7. For each facility, a permanent and legible weatherproof sign must be publicly visible in the

immediate proximity of the facility to identify the name and contact details of the operator or site manager

8. The applicant is responsible for the maintenance and upgrading of infrastructure and the

maintenance of the site. 9. The development shall not create electrical interference problems with televisions or radio

reception. 10. Completion of landscaping in accordance with the approved detailed landscaping plan

prior to commencement of the use of the site. The landscaping shall be continuously maintained for survival in accordance with the landscaping plan. Maintenance is the responsibility of Optus.

11. An Erosion and Sediment Control Plan shall be submitted for approval by Council in

accordance with Dungog Council’s Erosion and Sediment Control Plan Guidelines. Sediment control measures shall be provided for the duration of the works and until the site is stabilised.

12. All relevant aerial and agricultural organisations are to be notified of the development so

that the structure can be placed on the Tall Structures Database. 13. Engineers certification of the structure to be submitted with the Construction Certificate. 14. Every effort must be made to ensure the construction site is maintained in a safe and healthy

condition at all times for the duration of building works. Access to the site by unauthorised persons is to be restricted at all times.

Councillor Vote: Unanimous

Carolyn Maginnity

7. HILL TOP PLANNERS - LOT 135 DP 786294 NO. 289 GRESFORD ROAD, PATERSON

DA 38/06

Minute No. 34214 A MOTION was moved by Cr Thompson and seconded by Cr Mitchell that DA 38/06 for the construction of two additional tunnel ventilated broiler sheds at Lot 135, 289 Gresford Road, Paterson be approved subject to the following conditions:

Attachment A - Conditions of the Development Consent


This consent is subject to the following conditions:- General Conditions 1. The proposed development being carried out in accordance with the details set out in the

Development Application, Statement of Environmental Effects and accompanying plans, except as modified by the conditions of consent.

2. Feed deliveries and other truck movements (including bird pick-up) shall be restricted to

daylight hours where possible. 3. The LAeq noise level emanating from the premises as measured over any 15 minute period

shall not exceed: (a) 50 dBA between 7am and 6pm; (b) 45 dBA between 6pm and 10pm and (c) 39 dBA between 10pm and 6am at any residence, or at any house site, located

within 200 metres of a boundary of the property.

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

(a) After stripping of topsoil from the vehicle access/footpath crossing and fill areas,

all Erosion & Sediment Control devices and Traffic Control signs shall be installed at this stage.

(b) After placement and compaction of each layer of gravel pavement material. (c) After laying and jointing of all stormwater drainage pipelines prior to backfilling. (d) After restoration and completion of all works. (e) As otherwise required to confirm that the works are satisfactorily executed and in

conformity with environmental controls.

Note: STAGE INSPECTIONS are required to be carried out in order to ensure that an Occupation Certificate can be issued. In the event that any stage inspection is not carried out, an Occupation Certificate cannot be issued. Request for inspections may be made either by telephone or in person.

Forty eight (48) hours notice must be given for inspections. Applicants are required to nominate the relevant Construction Certificate Number and location prior to the inspection request being granted. It should be noted that Council charges fees for inspections and Compliance Certificates. These inspection fees must be paid prior to release of the Construction Certificate associated with the Development Consent. At the time of issuing this Development Consent Council’s Inspection Fee was $110.00 per inspection. Compliance/Inspection Fees to be adjusted in accordance with Council’s Fees & Charges operating at the time of inspection. In the event further additional inspections are requested those inspections will attract inspection fees.

5. Prior to preparation of any engineering design plans associated with the vehicle

access/footpath crossing, the consultant preparing the design plans will need to contact Council’s Executive Manager Infrastructure & Assets to discuss the extent and scope of all works and details required on the design plans. Some of the issues to be discussed and incorporated in the design plans include, but are not limited to, the following:

Standard of sealed vehicle access to accommodate the minimum turning path of a B-

Double vehicle. Erosion & sediment controls Stormwater drainage

6. The developer shall upgrade the existing vehicle entrance to generally comply with the

requirements of the Council drawing titled “Private Entrance - Rural Bitumen Roads – July


2000”. The entrance shall be upgraded to a heavy sealed type standard to accommodate the turning path of a B-Double truck. Advice: A copy of Council’s specification is available from Council’s Infrastructure & Assets Department. Council’s engineering department should be contacted prior to entrance installation to determine the most appropriate point of entry.

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

of existing roads, drainage and Council services for the purposes of the development. 8. The making good to the satisfaction of Council, or payment of the costs incurred by Council

in making good, any pavement damage or structural deterioration caused to Council's roads by the use of such roads as haulage routes for materials used in construction or the operation of the approved development.

9. A spill kit is to be provided for use as emergency equipment if there is a leak or spill of

chemicals or oils. A spill kit should be clearly labelled and might include items such as rags, brooms and mops to stop any spill from entering a drainage system.

10. It is a condition of approval that all building work must be carried out in accordance with the

provisions of the Building Code of Australia (BCA). In this regard the means of egress from the sheds should comply with the provisions of Part D; portable fire extinguishers should be provided in accordance with Part E 1.6; and emergency exit signs should be installed in accordance with Parts E4.5 and E4.8.

11. All works requiring Council’s approval as the Roads Authority under Section 138 of the

Roads Act 1993 must be approved by Council prior to issue of the Occupation Certificate. 12. The land may be subject to flooding and if it is flooded Council will not, pursuant to Section

733, Local Government Act 1993, incur any liability in respect of the granting of this consent.

Advisory Condition 13. It should be noted that approval under Native vegetation Act 2003 may be required for the

proposed removal of five mature spotted gum trees Prior to Issue of Construction Certificate 14. An Environmental Management Plan (EMP), detailing strategies and measures to be

implemented to minimise environmental impacts, contingency actions for managing any environmental problems that may arise and environmental monitoring and recording procedures, being prepared in consultation with Council and submitted for approval prior to the issue of a construction certificate. The premises being managed in accordance with the approved EMP at all times

15. A detailed landscape plan, prepared by a qualified landscape architect or landscape

designer, being submitted to Council for approval prior to release of a construction certificate. The landscape plan must nominate the species (including common and botanical names) and mature height of the proposed plants, plant spacing and proposed maintenance regime to the satisfaction of Dungog Shire Council.

16. An Erosion and Sediment Control Plan being submitted to Council for approval prior to

issuing of the Construction Certificate. The detailed plans shall be in accordance with Dungog Council’s Erosion and Sediment Control Plan Guidelines. Sediment control measures shall be provided for the duration of the works until the site is stabilised.

17. A Construction Certificate is to be issued by the Certifying Authority prior to commencement

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


18. The control of soil erosion on the site and the prevention of silt discharge into drainage

systems and waterways to Council's satisfaction. The design plans must be approved by the Principal Certifying Authority prior to issue of the Construction Certificate.

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

138 of the Roads Act 1993 prior to the issue of any Construction Certificate which includes any works within a Council road reserve. For any such works, design plans must be submitted to Council for approval prior to issue of the Construction Certificate.

20. Stormwater drainage works discharging from the site into a public system or public land

require approval from Council under Section 68 of the Local Government Act. The extent of work must be determined by Council prior to issue of a Construction Certificate. All works are to be designed and constructed to the satisfaction of Council. Design plans shall be submitted to Council for approval prior to issue of the Construction Certificate.

21. A covered impervious bunded area is to be provided for the storage of chemicals, oils or

fuels. The volume of the bunded area should contain 110% of the volume of the largest container. Details being submitted with the application for a Construction Certificate.

Prior to Commencement 22. A continuous landscape buffer, of minimum dimensions 20m x 200m, incorporating at least

4 rows of trees/shrubs, being provided and maintained around the south-eastern perimeter of the proposed poultry sheds to provide a visual screen from nearby dwellings and assist in minimising dust and odour impacts. The landscape buffer being provided prior to operations commencing within the proposed sheds.

23. Odour mitigation spray technology be installed in proposed Shed No’s 4 and 5 and in shed

No. 1. The odour mitigation spray technology being operated and maintained at all times in accordance with the manufacturer’s specifications.

Note: Should Council receive any complaints regarding odour emissions from the premises,

the owner/operator may be asked to demonstrate that odour emissions do not exceed the levels predicted in the Odour Impact Assessment report prepared by Heggies Pty Ltd (dated 2 July 2008).

24. An application for a Compliance Certificate for the upgrading of the existing vehicle entrance

is to be submitted to and approved by Council prior to release of the Occupation Certificate.

Councillor Vote: For- Crs Booth, Ainsworth, McKenzie, Lloyd, Farrow, Mitchell, Wall, Thompson. Against- Cr Johnston

Matthew Brown 8. DUNGOG SHIRE DEVELOPMENT CONTROL PLAN – COMPLYING DEVELOPMENT EF08/532 Précis: Dungog Shire Development Control Plan – Part B – Section 2 – Complying Development.

********

Minute No. 34215 RESOLVED on the motion of Cr Wall and seconded by Cr Lloyd that: 1. Council approve the changes to the Dungog Development Control Plan – Part B – Section 2

– Complying Development. 2. The draft Development Control Plan be placed on public exhibition for a period of twenty

eight (28) days.


3. Section 1.4.3 Local Control – (viii) – be modified to read: “development that requires onsite sewage management in zones other than Rural 1(a)”.

On being put the motion was carried.


Matthew Brown 9. DRAFT DELEGATED AUTHORITY POLICY FOR DEVELOPMENT APPLICATIONS EF08/566 Précis: Draft Delegated Authority Policy for Development Applications.

********

Minute No. 34216 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that: 1. Council adopt the Draft Delegated Authority Policy for Development Applications with proposed amendments. 2. The Draft Delegated Authority Policy for Development Applications be placed on public

exhibition for a period of twenty eight (28) pursuant to the Local Government Act 1993. On being put the motion was carried.


Matthew Brown 10. LEP AMENDMENT NO 6

EF08/68, 171/84 Précis: Dungog Local Environmental Plan Amendment No 6.

********

Minute No. 34217 RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that: 1. Council endorse the draft Local Environmental Plan No 6 (Instrument) as attached. 2. Council resolve to make agriculture require consent in the Environment 7(a) and Environmental Living 1(l) zones 3. Council resolve to amend Lot 4 DP 321021, Vacy from Rural Lifestyle 1(l) to Rural 1(a) as originally proposed.

Councillor Vote: For- Crs Booth, Johnston, McKenzie, Lloyd, Thompson, Mitchell, Farrow, Wall. Against – Cr Ainsworth


Carolyn Maginnity 11. P V DILLON – LOT 1 DP 196871 NO. 3883 CLARENCE TOWN ROAD, BROOKFIELD 171/82/19 Précis: Lodgement of an LEP Amendment – Vacant Holding application.

********* Minute No. 34218

A MOTION was moved by Cr Farrow and seconded by Cr Mitchell that Council defer the issue until a site distance assessment is available following completion of roadworks. On being put the motion was carried.


Matthew Brown 12. GRESFORD SPORTING COMPLEX – LOT 42 DP 706473 NO. 2 GRESFORD ROAD,

EAST GRESFORD DA 168/05 & DA 87/08

Précis: Gresford Sporting Complex Committee – DA Fee Refund Request

******** Minute No. 34219

RESOLVED on the motion of Cr Thompson and seconded by Cr Mitchell that in accordance with Council Policy C4.5 – Financial Assistance to Small Non-Profit Organisations with Development Application Fees, Council refund the development application fees ($475.00) as a unconditional donation to the Gresford Sporting Complex Committee

Glen Harper 13. LOCAL HERITAGE FUND 171/75 Précis: Local Heritage Fund allocations.

******** Minute No. 34220

RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that: 1. The 2008-2009 Local Heritage Funding be allocated as proposed by the Heritage Advisor. 2. The successful applicants to be advised of the funding that has been allocated for their

project and any specific conditions placed on the funding by the Heritage Advisor.


Matthew Brown

14. CONTINUING USE RIGHTS EF08/634 Précis: Continuing Use Rights – Business 3(a) Zone – Dungog.

******** Minute No. 34221

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that the report be considered in Closed Session of Council as the report is confidential as it relates to information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

Matthew Brown and Greg McDonald 15. B & R McCUTCHEON – LOT 17 SECTION 17 DP 758250 NO. 82 MARSHALL STREET,

CLARENCE TOWN DA 321/04

Minute No. 34222 RESOLVED on the motion of Cr Mitchell and seconded by Cr Farrow that the report be considered in Closed Session of Council as the report is confidential as it relates to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Matthew Brown 16. R & R THOMPSON (COEPLAN CONSULTANTS) LOTS 195, 196 & 197 DP 752497,

YARRABEE RIDGE OFF WOERDENS ROAD, CLARENCE TOWN 171/82/6

Précis: Request for Fee Refund of Rezoning Fees.

******** Minute No. 34223

RESOLVED on the motion of Cr Farrow and seconded by Cr Mitchell that the report be considered in Closed Session of Council as the report is confidential as it relates to the personal hardship of a resident or ratepayer.

Matthew Brown 17. DEVELOPMENT APPLICATIONS - DELEGATED AUTHORITY

EF08/228 Development Consent has been granted to the following development applications under delegated authority for the months of August and September 2008.

*********** Minute No. 34224

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


ENVIRONMENTAL SERVICES DEPARTMENT MANAGER'S REPORTS

Terry Kavanagh 1. DELEGATIONS UNDER THE NOXIOUS WEED ACT 1993 EF08/209 Précis: This report is to advise Council of requirements under the Noxious Weed Act in relation to delegated authority and to provide a range of delegations that will enable Council staff to operate and to issue notices under this act.

********** Minute No. 34225

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that: 1. This Council resolve to appoint Eric Pasenow and Terry Kavanagh as inspectors

under Section 41 of the Noxious Weeds Act 1993,

2. The General Manager, Manager of Environmental Services and Weeds Officer be delegated with Council’s powers, duties and responsibilities as specified under the following sections of the Noxious Weeds Act 1993 -

Section 12 Failure to Control Noxious Weeds.

Delegate authority to initiate prosecutions under this section to the General Manager.

Section 18 Weed Control Notices.

Delegate power to issue a Weed Control Notice to both the Weeds Officer and Manager of Environmental Services

Section 18A Prior notice of Weed Control Notice

Delegate power to issue a notice of a proposed Weed Control Notice to both the Weeds Officer and Manager of Environmental Services Subsection (2)(c) - Delegate the duty to consider submissions from occupiers regarding a proposed weed control notice to both the General Manager and Manager of Environmental Services.

Section 19 Failure to Comply with a Weed Control Notice. Delegate authority to initiate prosecutions under this section to the General Manager

Section 20 Noxious Weed Control by LCA after Weed Control Notice not complied with.

Subsection (1) - Delegate power to authorise such work to the General Manager.

Subsection (2) - Delegate authority to carry out such work to Inspectors and LCA Spray Operators. Subsection (3) - Delegate responsibility to issue notices to occupiers, prior to action under this section to both the Weeds Officer and Manager of Environmental Services


Section 28 Sale or Removal from Land, of Notifiable Weed Material.

Delegate authority to initiate prosecutions under this section to the General Manager. Section 29 Sale of Turf etc. From Land Infested With Notifiable Weeds.

Delegate authority to initiate prosecutions under this section to the General Manager. Section 30 Scattering of Notifiable Weed Material.

Delegate authority to initiate prosecutions under this section to the General Manager. Section 32 Use of Agricultural Machines that are Carrying Notifiable Weeds.

Delegate authority to initiate prosecutions under this section to the General Manager. Section 36A Temporary Restrictions During Weed Control.

Delegate authority to impose temporary restrictions to the Weeds Officer.

Section 41 Appointment of Inspectors.

Delegate the power to appoint inspectors under the Noxious Weeds Act for the local control authority to the General Manager.

Section 45 Notice of Entry.

Delegate the duty to give occupiers notice prior to entry to all Inspectors. Section 46 Use of Force.

Delegate power to authorise use of force to gain entry to premises to the General Manager.

Section 47 Notification of Use of Force.

Delegate responsibility to notify an occupier of the use of force to the General Manager.

Section 50 Certificates of Authority.

Delegate power to issue Certificates of Authority for Inspectors under the Noxious Weeds Act 1993 to the General Manager.

* Note that under this section, (S.50 (2) (f)), the Noxious Weed Regulation (Clause 3) requires that the General Manager must also sign the Certificate of Authority. Section 54 Offences: Obstructing an Inspector etc.


Section 55 Offence: Impersonation of an Inspector.


Section 64 Certificates as to Weed Control Notices etc. on land.

Subsection (3) - Delegate power to issue such certificates to both the General Manager and the Manager of Environmental Services


Terry Kavanagh 2. HUNTER & CENTRAL COAST REGIONAL ENVIRONMENTAL MANAGEMENT STRATEGY EF 08/211 Précis: This report is to provide for Council information the Hunter Central Coast Regional Environmental Management Strategy report on its activities and programs over the three months till mid August 2008.

********** Minute No. 34226

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

Terry Kavanagh 3. GLOUCESTER COAL SEAM GAS PROJECT

EF08/542 Précis: Reporting on the Lucas Energy Part 3A application to NSW Planning for the Gloucester Coal Gas Seam Project.

*********** Minute No. 34227

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted. Terry Kavanagh 4. RAILCORP QUARRY AT MARTINS CREEK EF08/166 Précis: This report is to advise Councilors on recent developments in relation to the proposed expansion of the RailCorp Martins Creek Quarry, to provide legal advice in relation to this operation and to seek direction on future action by Council.

********** Minute No. 34228

RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that the report be considered in Closed Session of Council as the report is confidential as it contains advice concerning potential litigation.


Terry Kavanagh 5. ILLEGAL DUMPING EF08/292 Précis: This report is to advise Council of an incident of illegal dumping at Gresford and possible unbudgeted clean up expenditure.

**********

Minute No. 34229 RESOLVED on the motion of Cr Mitchell and seconded by Cr McKenzie that the report be received and information noted.

Terry Kavanagh 6. CROWN LAND GRANT FOR CLARENCE TOWN CEMETERY EF07/29 Précis: This report is to advise Council on grant funding received for Clarence Town Cemetery

********** Minute No. 34230

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

Terry Kavanagh 7. EXTENSION OF TRADING HOURS & CHANGES TO RESTAURANT LICENCES EF08/449, EF08/188 Précis: This report is to advise Council of an application for extension of trading hours at the Erringhi Hotel and of other applications by some local restaurants to serve alcohol without meals. The report also recommends that Council adopt a policy in relation to these applications.

********** Minute No. 34231

RESOLVED on the motion of Cr Mitchell and seconded by Cr Ainsworth that: 1 Council object to all applications for a permanent extension of trading hours by licenced

premises within the Shire on the grounds that the amenity of residents in the area surrounding these venues would be adversely affected and because of the lack of police resources in the Shire.

2 Council does not object to applications for changes to restaurant licences to allow for the

service of alcohol without a meal if approved operating hours are not extended and (after consultation) there are no objections to the licence application by the relevant NSW Licencing and Crime Prevention Police.


Cr Thompson left the Chambers at 8.50 pm and returned at 8.54 pm. QUESTIONS WITHOUT NOTICE Nil BUSINESS OF AN URGENT NATURE Cr McKenzie reported to Council that some construction work is due to commence on the Clarence Skatepark in the ‘old quarry’ on or about the 1 November 2008. There is concern that the study and assessment for this project is up to 8 years old and does not reflect current community expectations or needs.

Minute No. 34232 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that Council deal with Business of an Urgent Nature. On being put the motion was carried.

Minute No. 34233 A MOTION was moved by Cr McKenzie and seconded by Cr Ainsworth that: 1 Council suspend the skate park project and any associated works in or around Rifle Street,

Clarence Town and to further engage the community, with the sportsground committee being advised of this action

2 Council, with the safety and wellbeing of the children and the community paramount as well as an urgency to have a skate park for the children explore all options with regards to relocation of the skatepark in Clarence Town.

3. An onsite meeting is to be arranged by the Executive Manager Infrastructure & Assets as soon as practicable.

On being put the motion was carried. Councillor Johnston requested his negative vote be recorded. CLOSED COUNCIL

Minute No. 34234 RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that: 1. Council resolve into closed council to consider business identified, together with any late reports tabled at the meeting. 2. Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) of the Local Government Act 1993. 3. The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993. Council closed its meeting at 9.10 pm. The public and media left the Chamber.


Minute No. 34239 A MOTION was moved by Cr Thompson and seconded by Cr McKenzie that Council move out of Closed Council and into Open Council. Open Council resumed at 9.44 pm. The following resolutions of Council while the meeting was closed to the public were read to the meeting by the General Manager. PLANNING DEPARTMENT MANAGER’S REPORT

Matthew Brown 1. CONTINUING USE RIGHTS EF08/634 Précis: Continuing Use Rights – Business 3(a) Zone – Dungog.

******** Minute No. 34235

RESOLVED on the motion of Cr Lloyd and seconded by Cr Mitchell that: 1. Council instruct staff to proceed with Option 3, as described above, in order to resolve the

issue regarding the use of buildings/land in the Dungog Business 3(a) commercial precinct. 2. Council NOT waive DA fees for premises applying to retrospectively formalise their use. Any

specific letters of request for fee refunds can be assessed individually on their merits.

Matthew Brown and Greg McDonald 2. B & R McCUTCHEON – LOT 17 SECTION 17 DP 758250 NO. 82 MARSHALL STREET,

CLARENCE TOWN DA 321/04

Minute No. 34236 A MOTION was moved by Cr Wall and seconded by Cr Ainsworth that: 1. Council not undertake any engineering action pending the outcome of a hydrological study. 2. Council continues to actively pursue grant funding for the hydrological study. 3. Mr & Mrs McCutcheon be notified of Council’s decision. On being put the motion was carried.


Matthew Brown 3. R & R THOMPSON (COEPLAN CONSULTANTS) LOTS 195, 196 & 197 DP 752497,

YARRABEE RIDGE OFF WOERDENS ROAD, CLARENCE TOWN 171/82/6

Précis: Request for Fee Refund of Rezoning Fees.

******** Minute No. 34237

RESOLVED on the motion of Cr Lloyd and seconded by Cr Mitchell that: 1. Council determine a consistent approach to assessing applications for rezoning fee refunds.

2. Pursuant to the Dungog Shire Council Management Plan Council resolve to uphold the

management plan and NOT refund the upfront 50% rezoning application fee. 3. All applications for rezoning fee requests affecting land the subject of the Dungog Local

Environmental Plan (Amendment No 6) be deferred, pending its gazettal.

Councillor Vote: Unanimous ENVIRONMENTAL SERVICES MANAGER’S REPORT Terry Kavanagh 1. MARTINS CREEK RAILCORP QUARRY EF08/166, TPA’s 1553/1502, 1553/16, 1553/17 Précis: This report is to advise Councilors on recent developments in relation to the proposed expansion of the RailCorp Martins Creek Quarry, to provide legal advice in relation to this operation and to seek direction on future action by Council.

********** Minute No. 34238

A MOTION was moved by Cr Lloyd and seconded by Cr Thompson that: 1. The matter be deferred until the December meeting to allow for further legal advice. 2. The information contained in this report remains confidential until this matter is resolved. There being no further business the meeting terminated at 9.45 pm. Confirmed ................................................. Date .................................................

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