minutes of the ordinary meeting - dungog shire · craig deasey, general manager declared a conflict...

DUNGOG SHIRE COUNCIL

Minutes of the Ordinary Meeting

19 February 2008

This is page number 2 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 19 February 2008.

TABLE OF CONTENTS MAYORAL MINUTE 1. Presentation from Tillegra Dam Community Reference Group 2. Planning Changes: Outcomes of Leaders Forum GENERAL MANAGER 1. Liquor Accord 2. Tillegra Dam Update 3. Staffing Matters 4. Draft Plans of Management – Parks, Sportsgrounds & General Community Use 5. Dungog Film Festival 6. Shire Wide Development Control Plan – Signage 7. ACF Site – Lot 22, 2266 Stroud Hill Road 8. Report of Conduct Committee 9. Management Plan Quarterly Report 10. LGSA Tourism Conference 2008: Tourism Partnerships EXECUTIVE MANAGER – CORPORATE SERVICES 1. Statement of Investments 2. Works Cost Statement 3. Councillors Travelling & Other Expenses 4. Statecover Mutual Limited Scheme Performance Rebate 5. Statewide Mutual Financial Position – Financial Year 2006/2007 6. Quarterly Finance Report for the Period Ending 31 December 2007 7. Dungog – Gresford Hoof & Hook Inc Carcass Competition 8. Australian Youth Team Representation 9. Provision of Auditing Services 2007/2013 – Tender A01/07 EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS 1. Floodplain Management Program 2. Emergency Risk Management 3. Rural Fire Service – Service Level Agreement 4. RTA – Timber Bridges Program – Wallaroo Creek Bridge 5. Rehabilitation of Regional & Local Roads – Parers Hill 6. Works Progress Report 7. Council’s Water & Wastewater Business Operations 8. Clarence Town Sewerage Contributions MANAGER – PLANNING 1. Pegepu Pty Ltd – Development Application 112/2007 2. M Farnham – Development Application 230/2007 3. State Environmental Planning Policy No. 1 4. Reimbursement of Development Application Fee 5. Strategic Planning Update 6. Litigation Report 7. Development Applications – Delegated Authority MANAGER – ENVIRONMENTAL SERVICES 1. Noxious Weeds Report 2. Hunter & Central Coast Regional Environmental Management Strategy 3. Pilchers Reserve Plan of Management 4. Grant for River Bank Rehabilitation – Frank Robinson Park


COMMITTEE OF WHOLE GENERAL MANAGER 1. Staffing Matters EXECUTIVE MANAGER –CORPORATE SERVICES 1. Provision of Auditing Services 2007/2013 – Tender A01/07 EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS 1. Rehabilitation of Regional & Local Roads – Parers Hill 2. Council’s Water & Wastewater Business Operations 3. Clarence Town Sewerage Contributions


MINUTES OF THE ORDINARY MEETING OF DUNGOG SHIRE COUNCIL HELD AT DUNGOG SHIRE COUNCIL OFFICES ON 19 FEBRUARY 2008 COMMENCING AT 6.01 PM. PRESENT: The Mayor, Councillor G D Wall, and Councillors S T Low AM, M A Flannery, L D Mitchell, P C Trappel, B R Watkins, S B Farrow and J F Thompson. OFFICERS IN ATTENDANCE: C F Deasey, General Manager, S L Chandler, Executive Manager Corporate Services, S W Hitchens, A/Executive Manager Infrastructure & Assets, K M Cousins, A/Manager Planning and T J Kavanagh, Manager - Environmental Services. APOLOGIES: Councillors E M Murrell.

Minute No. 33794 RESOLVED on the motion of Cr Flannery and seconded by Cr Mitchell that the apology be accepted and leave of absence granted. ABSENT: Nil DECLARATION OF INTERESTS: Craig Deasey, General Manager declared a Conflict of Interest in Item 8 General Managers Report. CONFIRMATION OF MINUTES:

Minute No. 33795 RESOLVED on the motion of Cr Mitchell and seconded by Cr Flannery that the Minutes of the Ordinary Meeting of Council, held on Tuesday 18 December 2007 having been circulated amongst the members of the Council be confirmed. MATTERS ARISING: Nil NOTICE OF MOTION: Nil The Prayer was delivered by the Mayor, Cr Glenn Wall. The Ode was delivered by the Mayor, Cr Glenn Wall. MAYORAL MINUTE

Councillor G D Wall 1. PRESENTATION FROM THE TILLEGRA DAM COMMUNITY REFERENCE GROUP ECONOMIC & TOURISM DEVELOPMENT SUBGROUP

EF 07/75 Précis: A request has been received from the Chairman of the Tillegra Dam Community Reference Group, Mr. Brett Peterkin, asking Council’s consideration in allowing the TDCRG Economic & Tourism Subgroup who recently met with Minister Rees, to offer Council the same presentation at an open Council briefing session.

***********

RECOMMENDATION That Council move into Committee of the Whole – Open Council, to allow the Tillegra Dam Community Reference Group, Economic & Tourism Subgroup to present to Council.


Minute No. 33796 A MOTION was moved by Cr Wall that Council move into Committee of the Whole – Open Council, to allow the Tillegra Dam Community Reference Group, Economic & Tourism Subgroup to present to Council. On being put the motion was carried.

Minute No. 33797

A MOTION was moved by Cr Wall and seconded by Cr Low that Standing Orders be suspended to allow members of the Tillegra Dam Community Reference Group Economic and Tourism Development Subgroup to address Council. On being put the motion was carried. Standing Orders were suspended at 6.07 pm.

####### Minute No. 33798

A MOTION was moved by Cr Wall and seconded by Cr Low that Standing Orders resume at 6.45 pm. On being put the motion was carried. WITHDRAWAL OF ITEMS AND LATE ITEMS OF BUSINESS The General Manager advised that the following late items of business are tabled for consideration at the meeting: Item No. 2 Mayoral Minute Items No 9 and 10 General Managers Report. MAYORAL MINUTE

Councillor G D Wall 2. PLANNING CHANGES: OUTCOMES OF LEADERS FORUM EF 07/55 Précis: The Local Government and Shires Associations of NSW have provided the outcomes resolved from the Leaders Forum (attached) regarding the NSW Governments proposed Planning changes.

*********** RECOMMENDATION That council acknowledge and endorse the Associations’ request that:

1. Council supports the actions of the Presidents and Executive of the Local Government and Shires Associations in mounting a campaign on the NSW Governments proposed Planning changes, including both the issues of Section 94 Contributions and the recommendations in the “Improving the NSW Planning System” discussion paper, and preparing an alternative reform package as a basis for discussion with the Government, Councils, Stakeholders and the Community.


2. That Council will refuse to cooperate with the NSW Government, if requested to transfer Section 94 Funds held in trust by Council’s to the Government.

3. Council will support in principal the proposal that the Associations seek contributions (on a

pro-rata basis as in the past) from member Councils towards the cost of engaging high level lobbying and media representation to formulate and assist with the implementation of a continuing public campaign.

Minute No. 33799

A MOTION was moved by Cr Wall that Council acknowledge and endorse the Associations’ request that:

1. Council supports the actions of the Presidents and Executive of the Local Government and Shires Associations in mounting a campaign on the NSW Governments proposed Planning changes, including both the issues of Section 94 Contributions and the recommendations in the “Improving the NSW Planning System” discussion paper, and preparing an alternative reform package as a basis for discussion with the Government, Councils, Stakeholders and the Community.

2. That Council will refuse to cooperate with the NSW Government, if requested to transfer

Section 94 Funds held in trust by Council’s to the Government. 3. Council will support in principal the proposal that the Associations seek contributions (on a

pro-rata basis as in the past) from member Councils towards the cost of engaging high level lobbying and media representation to formulate and assist with the implementation of a continuing public campaign.

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

Craig Deasey 1. LIQUOR ACCORD EF 08/150 Précis: Reporting on the second meeting with licensees.

********** Minute No. 33800

A MOTION was moved by Cr Farrow and seconded by Cr Thompson that: 1. The report be received and information noted. 2. A letter be sent to all service groups and sporting organisations advising them of the formation of the Accord. On being put the motion was carried.


Craig Deasey 2. TILLEGRA DAM UPDATE EF 07/75 Précis: Reporting on aspects associated with the proposed Tillegra Dam project.

**********

Minute No. 33801 RESOLVED on the motion of Cr Low and seconded by Cr Trappel that: 1. The report be received and noted. 2. Council note the appointment of the Mayor and the General Manager to the Tillegra Dam

Whole of Government Reference Group.

Craig Deasey 3. STAFFING MATTERS EF 08/217 Précis: Reporting on outcomes of Council workshop.

********** Minute No. 33802

RESOLVED on the motion of Cr Flannery and seconded by Cr Mitchell that the matter be considered in a Closed Session of Council as the report is CONFIDENTIAL as it relates to personnel matters concerning particular individuals (other than councillors).

Craig Deasey 4. DRAFT PLANS OF MANAGEMENT – PARKS, SPORTSGROUNDS AND GENERAL COMMUNITY USE EF08/177 Précis: Reporting on the implementation of Draft Plans of Management for Council’s Parks, Sportsgrounds and General Community Use Land.

********** Minute No. 33803

RESOLVED on the motion of Cr Mitchell and seconded by Cr Trappel that: 1. The Draft Plans of Management Community Land – Parks, Sportsgrounds and General

Community Use be exhibited for a period of not less than 28 days with submissions being received for a period of not less than 42 days.

2. If no submissions are received prior to the closing date of the submission period the Draft

Plans of Management be adopted.


Greg Fenwick

5. DUNGOG FILM FESTIVAL 2008 EF 08/7 Précis: Reporting on the request by the organisers of the 2008 Dungog Film Festival for support from Council for this event.

********* Minute No. 33804

RESOLVED on the motion of Cr Flannery and seconded by Cr Mitchell that: 1. Council staff works with the James Theatre Committee to ensure that the issues currently

surrounding the use of the premises and the privately owned projection equipment do not interfere with the successful staging of the Dungog Film Festival.

2. Prior to any work being planned for the renovation of the James Theatre, Council’s Heritage

Adviser is consulted to ensure that the aims of the project are compatible with the Heritage aspects of the site.

3. Council has already committed to a budget allocation to Shire wide events and the

distribution of these funds needs to be determined by the Dungog Shire Events Inc. Committee. The Committee will need to determine the level of funds that can be committed to the 2008 Dungog Film Festival taking into account the success of the 2007 event.

4. That the Economic Development & Tourism Coordinator continues to work with the Dungog

Film Festival organisers to ensure that Council’s commitment to events throughout the Shire, including the Film Festival, is effectively managed.

Greg Fenwick 6. SHIRE WIDE DEVELOPMENT CONTROL PLAN – SIGNAGE EF 08/218 Précis: Reporting on the need for a separate development control plan which outlines the approval processes relating directly to advertising signs throughout Dungog Shire.

********** Minute No. 33805

RESOLVED on the motion of Cr Mitchell and seconded by Cr Flannery that Pursuant to the provisions of the Environmental Planning and Assessment Act 1979 (as amended) Council exhibit the Draft Signage Development Control Plan.


Greg Fenwick

7. ACF SITE – LOT 22, 2266 STROUD HILL ROAD TPA 2062 / 11 Précis: Reporting on the progress of the proposed sale of this property as reported to Council in a confidential report in November 2007.

********** Minute No. 33806

RESOLVED on the motion of Cr Trappel and seconded by Cr Mitchell that Council accepts this report and remains informed on the progress of any future negotiations to attract similar developments to the Dungog Shire.

###### Cr Bruce Watkins and Craig Deasey General Manager declared a Conflict of Interest in Item 8 and left the Chambers at 6.53 pm.

######

Cr Glenn Wall 8. REPORT OF CONDUCT COMMITTEE EF 07/21 Précis: The Conduct Committee has met to consider a complaint against Councillor Bruce Watkins. The findings of the Committee and subsequent recommendations are detailed within this report to Council.

************* Minute No. 33807

A MOTION was moved by Cr Low and seconded by Cr Flannery that: 1. The report of the Conduct Committee regarding the complaints against Councillor Watkins

be received and that Councillor Watkins tender an apology for his improper and disrespectful remarks.

2. In the absence of a written apology being tendered by the close of business on 7 March

2008 to the satisfaction of Council, that Cr. Watkins be censured for his actions. On being put the motion was carried. Cr Watkins and Craig Deasey, General Manager returned to the Chambers at 6.56 pm.


Craig Deasey 9. MANAGEMENT PLAN QUARTERLY REPORT 320 Précis: Reporting on the progress of implementation of Councils management plan.

********** Minute No. 33808

A MOTION was moved by Cr Wall and seconded by Cr Low that: 1. The quarterly report on the progress of implementation of Councils Management Plan be received and the information noted. 2. The General Manager and staff be congratulated on their ongoing efforts over the previous quarter. On being put the motion was carried.

Greg Fenwick 10. LGSA TOURISM CONFERENCE 2008: TOURISM – PARTNERSHIPS: SHARING THE RISKS AND BENEFITS EF 08/173 Précis: Reporting on an invitation from the LGSA for Dungog Shire Council to attend the conference to be held 12-14 March 2008 at Lismore.

********** Minute No. 33809

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that Council supports the attendance of Councillor Farrow as the delegate from the Tourism Advisory Committee to attend the 2008 LGSA Tourism Conference in Lismore and allocates sufficient resources from Councillor’s Delegate Expenses Fund for this purpose. 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. 33810

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


Robert Brown 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. 33811

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

Shaun Chandler 3. COUNCILLORS TRAVELLING & OTHER EXPENSES

EF 08/222

Précis: Report on Councillors travelling for Councillors information.

********** Minute No. 33812

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

Shaun Chandler 4. STATECOVER MUTUAL LIMITED SCHEME PERFORMANCE REBATE EF 08/43 Précis: Reporting on StateCover’s 2007 workers compensation and OHS performance report for Dungog Shire Council.

********** Minute No. 33813

A MOTION was moved by Cr Flannery and seconded by Cr Mitchell that: 1. The report be received and information noted. 2. The OH&S Committee and staff be commended for their vigilance in this area. On being put the motion was carried.


Shaun Chandler

5. STATEWIDE MUTUAL FINANCIAL POSITION – FINANCIAL YEAR 2006/2007 EF 08/223 Précis: Reporting on the financial position of Statewide Mutual (Council’s insurers) for the financial year 2006/2007.

********** Minute No. 33814

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

Robert Brown 6. QUARTERLY FINANCE REPORT FOR THE PERIOD ENDING 31 DECEMBER 2007 EF 08/224 Précis: Review of expenditure and revenues as per Section 203 of the Local Government (General) Regulation 2005 for the quarter ending 31 December 2007.

******** Minute No. 33815

RESOLVED on the motion of Cr Low and seconded by Cr Flannery that: 1. The variations to budgeted expenditures and revenues for the December quarter be

approved and form part of the Management Plan 2007/08 2. Council note the restricted cash transfers as highlighted within the review.

Shaun Chandler 7. DUNGOG - GRESFORD HOOF & HOOK INC CARCASS COMPETITION EF 07/74 Précis: Request for financial assistance under Sec 356 of the Local Government Act 1993.

********** Minute No. 33816

RESOLVED on the motion of Cr Mitchell and seconded by Cr Farrow that Council donate $100 to the Dungog-Gresford Hoof & Hook Inc 2008 Carcass Competition.


Shaun Chandler 8. AUSTRALIAN YOUTH TEAM REPRESENTATION EF 07/74 Précis: Request for financial assistance under Sec 356 of the Local Government Act 1993.

********** Minute No. 33817

RESOLVED on the motion of Cr Farrow and seconded by Cr Thompson that: 1. Council pledge $200 towards Samantha Graham attending the 2008 World Championship

Paint Horse Show in Fort Worth, Texas USA as a member of the Australian Paint Horse Association Youth Team conditional that she raises the funds required by the Paint Horse Association of Australia to allow her to attend.

2. Payment is made to Samantha upon confirmation from the Paint Horse Association that

Samantha has raised the required funds and is permitted to attend as part of the Paint Horse Association Australian Youth Team.

Shaun Chandler

9. PROVISION OF AUDITING SERVICES 2007 - 2013 - TENDER A01/07 EF 08/219

Précis: Reporting on Council’s Provision of Auditing Services Tender.

********** Minute No. 33818

RESOLVED on the motion of Cr Low and seconded by Cr Flannery that the matter be considered in a Closed Session of Council as the report is CONFIDENTIAL as the matters and information contained therein would if disclosed confer a commercial advantage on a person/company with whom the Council is conducting business. INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGER REPORT

Terry AG Wilson 1. FLOODPLAIN MANAGEMENT PROGRAM EF 08/10 Précis: Reporting on the extensions to the Upper Paterson and Williams Rivers Flood Studies and offers of grants for both from the Department of Climate, Environment and Water and Councils financial position.

********** Minute No. 33819

A MOTION was moved by Cr Wall and seconded by Cr Low that Council advise the Department of Climate, Environment and Water that funding is not available and as such decline the offer. The advice to the Department should include details regarding Council’s financial situation at this point in time. This should include loss of rate base due to the Tillegra Dam, loss of overheads due to the


transfer of water and sewer and other financial implications such as the moratorium on rezoning applications. On being put the motion was carried.

Greg McDonald 2. EMERGENCY RISK MANAGEMENT EF 08/63 Précis: In early 2005, Dungog Council, in conjunction with Cessnock, Maitland and Port Stephens Councils, commenced an Emergency Risk Management (ERM) project for the Lower Hunter Emergency Management Co-ordinating Committee. The ERM project has investigated natural, technological and biological hazards and has identified levels of risk for these hazards and has undertaken a gap analysis of treatment plans for hazards having high and extreme risks. This report presents the outcomes of the ERM project for the information of Council.

********** Minute No. 33820

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

Greg McDonald 3. RURAL FIRE SERVICE – SERVICE LEVEL AGREEMENT EF 07/86 Précis: Providing Council with a copy of a proposed Zone Service Level Agreement from the RFS.

********** Minute No. 33821

A MOTION was moved by Cr Wall and seconded by Cr Low that Council will only commit and sign the Service Level Agreement subject to: 1. In accordance with the original Service Level Agreement, Council’s annual contribution being limited to the rate - pegging limit as determined by the Minister for Local Government. 2. Submission of a Team/Zone Service Level Agreement between Dungog - Port Stephens Councils/Maitland – Cessnock Councils that is to the satisfaction of Council. 3. On completion of the above process, a further report be presented to Council indicating the outcomes of this recommendation and discussions with the RFS. 4. Council continue to lobby the RFS regarding the inadequacies of the present funding provisions particularly the Insurance Levy and continue to provide support to the LGSA to investigate a funding program that encapsulates all land owners in NSW. On being put the motion was carried.


Greg McDonald 4. RTA – TIMBER BRIDGES PROGRAM – WALLAROO CREEK BRIDGE EF 08/207 Précis: Reporting on additional funding provided to Council for Regional Road timber bridge replacements.

********** Minute No. 33822

A MOTION was moved by Cr Wall and seconded by Cr Low that: 1. Council note the third timber bridge grant success, but advise the RTA that none of the

three timber bridges can be undertaken by Council due to funding constraints and lack of information from Hunter Water. The advice to the RTA should include details regarding Council’s financial situation at this point in time. This should include loss of rate base due to the Tillegra Dam, loss of overheads due to the transfer of water and sewer, concurrent loan borrowings on bridges that will be inundated by the Dam and other financial implications such as the moratorium on rezoning applications. Emphasis should also be made regarding the issue of Hunter Water needing to carry out an Access Route Analysis of the road network for the construction of the dam.

2. The situation be reassessed in Year 3 of the program. On being put the motion was carried.

Greg McDonald 5. REHABILITATION OF REGIONAL AND LOCAL ROADS – PARERS HILL MR301 RR10 EF 07/18 Précis: Reporting on the tender evaluation for tender R01/08 – Rehabilitation of Regional and Local Roads – Parers Hill.

********** Minute No. 33823

RESOLVED on the motion of Cr Flannery and seconded by Cr Trappel that the matter be considered in a Closed Session of Council as the report is CONFIDENTIAL as the matters and information contained therein would if disclosed confer a commercial advantage on a person/company with whom the Council is conducting business.

Steve Hitchens 6. WORKS PROGRESS REPORT EF 08/208 Précis: Reporting on construction and maintenance works.

**********

Minute No. 33824 RESOLVED on the motion of Cr Mitchell and seconded by Cr Trappel that the report be received and information noted.


Greg Horvath

7. COUNCIL’S WATER & WASTEWATER BUSINESS OPERATIONS EF07/96

Minute No. 33825 RESOLVED on the motion of Cr Flannery and seconded by Cr Low that the matter be considered in a Closed Session of Council as the report is CONFIDENTIAL as the information contained within the report may, if disclosed, prejudice the maintenance of law.

Greg Horvath 8. CLARENCE TOWN SEWERAGE CONTRIBUTIONS

143/2

Précis: Reporting on the need to finalise Clarence Town Sewerage Special Rate Contributions.

********** Minute No. 33826

RESOLVED on the motion of Cr Low and seconded by Cr Trappel that the matter be considered in a Closed Session of Council as the report is CONFIDENTIAL as the information contained within the report may, if disclosed, prejudice the maintenance of law. A/MANAGER PLANNING PLANNING DEPARTMENT

Minute No. 33827 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that Standing Orders be suspended to allow members of the public to address Council. On being put the motion was carried.

####### Standing Orders were suspended at 7.17 pm. Jocelyn Middleton – spoke against DA 230/07. Bob Cowie – Spoke against the recommendation of Item 1 Manager Planning’s Report.

####### Minute No. 33828

A MOTION was moved by Cr Wall and seconded by Cr Thompson that Standing Orders resume at 7.26 pm. On being put the motion was carried.


Kristy Cousins

1. PEGEPU PTY LTD - LOTS 4 & 5 DP 1009184, LOTS: 2, 3, PLT 5, 6, PLT 8, PLT 9, PLT 10, 12, 13, 14 DP: 1077159; 25 & 26 Nirvana Close, 42 & 64 Bower Bird Close, 717 & 719 Gresford Road, 39, 51 & 57 Bower Bird Close, 16 & 24 Sanctuary Way, VACY

DA 112/2007

Minute No. 33829 A MOTION was moved by Cr Low and seconded by Cr Thompson that: 1. Development Application 112/2007 be refused for the following reasons:

i) The application is not consistent with the Dungog Local Environmental Plan 2006,

ii) The application does not comply with the Dungog Shire Wide Development Control Plan No 1 – Part D, Vacy Local Area Plan.

iii) The application has not fully demonstrated adequate vehicle access. iv) The proposal could have a negative impact on the water quality of the Paterson River.

2. Council amend the Local Area Plan with respect of the intersection of Serenity Way and Lennoxton Road. On being put the motion was carried.

Councillor Vote: For – Wall, Low, Flannery, Mitchell, Trappel, Farrow, Thompson. Against - Watkins

Glen Harper 2. M FARNHAM – LOT 8 DP 559933 NO. 11 RESERVOIR ROAD, DUNGOG DA 230/2007

Minute No. 33830 RESOLVED on the motion of Cr Wall and seconded by Cr Trappel that approval be granted to subdivide Lot 8 DP 559933, to create 3 allotments subject to compliance with the following conditions: Prior to Release of Subdivision Certificate The following conditions are to be complied with prior to release of Final Plan of Subdivision by Council:- 1. Payment of a cash contribution to Council in accordance with the provisions of Dungog

Section 94 Contributions Plan 2004 adopted 29 September 2004.

The following contributions, which are subject to quarterly adjustment, are to be paid prior to the release of linen plan and subdivision certificate.

Dungog Catchment Sports Fields $ 5,535 Parklands $ 397 Swimming Pool $ 1,276 Indoor Sports Facility $ 1,345 Local Community Centre $ 407 District Community Centre $ 276 Youth Venue $ 222 Arts & Craft Centre $ 64


Aged Facility $ 208 Library $ 604 Pre-School $ 794 Rural Sub-Arterial Roads upgrades $ 1,282 Rural Local Roads and intersection upgrades $ 379 Traffic Management $ 416 Bikeway Facilities $ 238 Fire Services $ 1,384 Section 94 Management $ 977 Administration $ 683 Total $16,487 per additional lot created

Reason: This development results in increased demand on existing amenities or services that has been identified in respective contribution plans. These plans are available for inspection at Council’s offices, Dowling Street, Dungog. Council will hold the money payable under this condition and utilize these funds to upgrade amenities or services in the future. Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog.

The applicant and / or subdivider must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly. Staging of payments is permitted if staging of development is approved by the terms of this consent

2. Suitable arrangements being made with an energy provider to ensure that:-

(a) electricity will be available to each allotment created by the subdivision when and if development is proposed on the land;

(b) that any transmission lines or other assets of an energy provider on private land be “protected” by an easement; and

(c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with an energy provider for such relocation to be carried out.

Reason: To ensure that the interests and responsibilities of energy provider and Dungog Council with regard to the timely supply of power connections are satisfied. Advice: An energy provider is responsible for the supply of electricity to this land. The applicant must contact an energy provider on all matters concerning electricity supply. A letter from an energy provider stating that satisfactory arrangements have been made for the supply of electricity in the subdivision is to be submitted to Council, and accepted, prior to the release of the linen plan of subdivision.

3. Suitable arrangements being made with a telecommunications carrier to ensure that:-

(a) communication will be available to each allotment created by the subdivision when and if development is proposed on the land;

(b) that any transmission lines or other assets of a telecommunications carrier on private land be “protected” by an easement; and

(c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with a telecommunications carrier for such relocation to be carried out.

Reason: To ensure that the interests and responsibilities of a telecommunications carrier and Dungog Council with regard to the timely supply of telephone connections are satisfied. Advice: For details of arrangements pertaining to the land, applicants must contact a telecommunications carrier direct.


A letter from a telecommunications carrier stating that suitable arrangements have been made is to be submitted to Council, and accepted, prior to release of the linen plan of subdivision.

4. Submission of an original plan of survey by a Registered Surveyor and ten (10) copies to

Council for subdivision approval.

Reason: To ensure compliance with Council’s requirements.

Advice: The final plans must conform generally with the subdivision proposal shown on the concept plan submitted with the Development Application dated the 14th December 2007 and incorporate Council’s requirements.

Council’s fee covers the cost of providing copies of the plan of survey to relevant internal Council departments and to Government departments as required.

5. Application for a Subdivision Certificate is to be submitted to and approved by Council prior to release of the final linen plan of subdivision.


Advice: The fee for a Subdivision Certificate is $220.00. A Subdivision Certificate will not be issued nor the final plan signed and released by Council until all conditions of consent have been complied with to Council’s satisfaction.


6. A Subdivision Certificate will not be issued nor the final plan signed and released by Council until all conditions of consent have been complied with to Council’s satisfaction.


Engineering Conditions & Contributions 7. The applicant shall ensure that arrangements are made for the Principal Certifying Authority,

Council or Private Certifier, to carry out STAGE INSPECTIONS indicated as follows in bold. Request for inspections may be made either by telephone or in person. Forty eight (48) hours notice must be given for inspections. Applicants are required to nominate the relevant Construction Certificate Number and location

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

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

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

devices and Traffic Control signs shall be installed at this stage. (b) After laying and jointing of all stormwater drainage pipelines prior to backfilling. (c) After laying and jointing of all water supply pipelines prior to backfilling. (d) During application of bitumen seal or asphaltic concrete wearing surface. (e) During pressure testing of all water supply pipelines. (f) During testing of sewer manholes. (g) After restoration and completion of all works. (h) After placement of all steel reinforcing in footpaths and driveways.


(n) As otherwise required to confirm that the works are satisfactorily executed and in conformity with environmental controls and conditions of Development Consent.

It should be noted that Council charge fees for inspections and Compliance Certificates. These inspection fees must be paid prior to release of the Construction/Subdivision 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 will be adjusted in accordance with Council’s Fees & Charges operating at the time of inspection. In the event further additional inspections are required those inspections will attract inspection fees.

Reason: To demonstrate that development works are carried out in conformity with the Construction Certificate issued development conditions and to appropriate technical engineering standards.

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

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

• Erosion & sediment controls. • Stormwater drainage. • Battle axe and pavement standards etc. • Vehicle access locations. • Provision of Water & Sewer. • Traffic control details. • Restoration details. • Water Sensitive Urban Design principles.

Reason: To ensure appropriate levels of works and engineering design details are satisfactorily addressed.

Prior to Release of Construction Certificate 9. 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.

Reason: Required under the Roads Act 1993.

10. The provision at no cost to Council of half road construction and associated storm water

drainage for the full street frontage of the development in accordance with the latest AUSPEC standards and to the satisfaction of Council. Design plans shall be submitted to Council for approval prior to the issue of a Construction Certificate shall also include Water Sensitive Urban Design principles for the table drains.

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

Reason: To provide an appropriate standard of vehicle access to the land to accommodate the traffic likely to be generated from the development.

11. 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 in accordance with the latest version of AUSPEC and to the satisfaction of Council. Design plans shall be submitted to Council for approval prior to issue of the Construction Certificate.


Advice: All works to be approved by Council prior to the release of the Occupation/Subdivision Certificate.

Reason: To ensure an appropriate standard of civil engineering works are carried out to current engineering standards.

12. Provide design for Council approval of an inter allotment drainage scheme for all lots that

cannot discharge stormwater direct to Council's street or an approved stormwater drainage scheme.

Reason: To ensure that the development does not have an adverse environmental impact on adjoining or downstream properties.

13. The provision of a vehicle access/footpath and gutter crossing in accordance with Council's

standard drawing. Design and construction to include a minimum of 150mm thick reinforced concrete or 150mm thick compacted material with a 2 coat bitumen seal 3 metres wide. Design plans shall be submitted to Council for approval prior to the issue of a Construction Certificate.

Advice: All works to be approved by Council prior to the release of the Occupation/Subdivision Certificate.

Reason: To provide an appropriate standard of each vehicle access to the land to accommodate the traffic likely to be generated from the development.

14. The construction of a driveway for the full length of the access way or the battle axe handle

lot to the satisfaction of Council. Design plans shall be submitted to Council for approval prior to the issue of a Construction Certificate.

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

Reason: To provide an appropriate standard of vehicle access to the land to accommodate the traffic likely to be generated from the development.

15. All water and sewer services necessary to service the development must be provided in

accordance with Council’s requirements. All services are to be designed and constructed in accordance with AUSPEC and NSW Code of Practice Plumbing & Drainage. Contact with Councils Water & Sewer Engineer shall take place to discuss costs and connection requirements. Final design plans and details to be submitted to Council for approval prior to the issue of the Construction Certificate.

Advice: All works to be approved by Council prior to the release of the Subdivision Certificate for the development. All fees and contributions are to be paid prior to the issue of the Construction Certificate.

Reason: To ensure an appropriate standard of civil engineering works are carried out to current engineering standards.

Advice: Please note that Council’s Water and Sewer operations shall be transferred to Hunter Water Corporation as from 1 July 2008.

16. The connection of the proposed new lot to the water supply and sewerage systems to the

satisfaction of Council. Design plans shall be submitted to Council for approval prior to issue of a Construction Certificate.

Reason: To ensure the development is connected to appropriate public services.



17. Construction of water reticulation to service all lots in accordance with design plans submitted

to and approved by Council.

Reason: To ensure that the development complies with Council requirements.


18. The obtaining of approval under the Local Government Act for water and sewer requirements

from Dungog Shire Council as the Water Supply Authority. Design plans are to be approved by Council prior to the issue of a Construction Certificate. All works to be approved by Council prior to the release of the Occupation/Subdivision Certificate.

Reason: To conform to the Water Supply Authority. Advice: Please note that Council’s Water and Sewer operations shall be transferred to Hunter Water Corporation as from 1 July 2008.

19. An Erosion and Sediment Control Plan shall be 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 and until the site is stabilised.

Reason: To ensure all sediment is contained on the development site and appropriate

environmental controls are in place. 20. 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.

Reason: Required by the Environmental Planning and Assessment Act.

Prior to Release of Subdivision Certificate 21. The plan of subdivision shall include the dedication as Public Road of such land as is

necessary to contain the constructed road in use, and known as reservoir Road over the frontage of proposed Lots 81, 82 & 83. The registered surveyor who prepares the plan of subdivision shall certify to the Principal Certifying Authority that the existing constructed road is wholly contained within the road reserve boundaries shown on the plan of subdivision.

Reason: To rectify encroachments as part of the subdivision.

22. The payment to Council of Section 64 contributions under the Local Government Act. The

contributions will be adjusted to the amount applicable at the time of payment.

Payment of sewerage Headwork’s charge based upon an additional 1 LOT which is (currently $3,250/additional lot). Payment of a water supply Headwork’s charge based upon an additional 1 LOT which is (currently $3,000/additional Lot).

Reason: As required by the Local Government Act.



23. Prior to connection of the water service the applicant shall pay Council’s Demand Management contribution of $330/additional Lot.

Reason: To enable Council to fund the additional demand on the water supply provided by

the Hunter Water Corporation.


24. All civil engineering works to be transferred to Council ownership shall be covered by a 6

months Maintenance Bond in accordance with Council’s Bonding Policy. The 6 months Maintenance Bond shall commence from the Practical Completion date identified by Council or until registration of the subdivision plan whichever is greater.

Reason: To ensure all civil engineering works being transferred to Council ownership are at an acceptable standard when transferred.

25. The development shall be connected to Council’s reticulated sewer system at the applicant’s

expense. Reason: To ensure the development has appropriate sewer service. Advice: Please note that Council’s Water and Sewer operations shall be transferred to

Hunter Water Corporation as from 1 July 2008. 26. Payment to Council for the provision of a sewer junction and/or minor extension to serve the

proposed subdivision.

Reason: To ensure that the development complies with Council requirements. Advice: Please note that Council’s Water and Sewer operations shall be transferred to

Hunter Water Corporation as from 1 July 2008. 27. Any relocation or alterations of public utilities made necessary as a result of the development

are to be carried out at no cost to Council. Reason: To ensure that the development is serviced by all public utilities at no cost to

Council. 28. The provision of Work as Executed information prior to release of the Subdivision Certificate.

The information is to be submitted in hard copy and in electronic format compatible with AutoCAD. This information is to be approved by Council prior to issue of the Subdivision Certificate.

Reason: To ensure Council has documentary proof of all their assets to complete appropriate records.

29. 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.

Reason: To ensure appropriate servicing to the lots. 30. 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.

Reason: To ensure Councils assets are maintained to good engineering standards.


31. All fees, Section 94 and other Contributions will need to be adjusted in accordance with Councils Fees & Charges applicable at the time of payment.

Reason: To ensure all Fees & Charges are paid at the correct rate at the time of payment.

32. Creation of drainage, water, sewer and service easements where required and/or as directed

by Council free of all costs to Council.

Reason: To ensure that all easements are in place to satisfy Council requirements.

Councillor Vote: For – Wall, Low, Flannery, Mitchell, Trappel, Watkins, Thompson. Against – Farrow

Kristy Cousins 3. STATE ENVIRONMENTAL PLANNING POLICY NO. 1 EF 08/225 Précis: The use of SEPP 1 for dwelling houses.

********

Minute No. 33831 RESOLVED on the motion of Cr Low and seconded by Cr Thompson that: 1. Support the use of SEPP 1 for dwelling houses on land 54ha or over in the Rural 1(a) and

Transition 9(a) Zone; and 2. Applications complying with the requirements outlined in this report be dealt with under

delegation.

Glen Harper 4. REIMBURSEMENT OF DEVELOPMENT APPLICATION FEE DA 20/2005 Précis: Application for financial assistance for Development Application fee paid for Development Application 20/2005.

********

Minute No. 33832 A MOTION was moved by Cr Low and seconded by Cr Trappel that 100% of the permitted refund be reimbursed. On being put the motion was carried.


Kristy Cousins 5. STRATEGIC PLANNING UPDATE EF 08/226 Précis: There are at present a number of strategic planning applications being processed.

********** Minute No. 33833


Kristy Cousins 6. LITIGATION REPORT EF 08/227 Précis: Reporting on Planning Legal Costs in relation to litigation matters.

********** Minute No. 33834

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

Kristy Cousins 7. DEVELOPMENT APPLICATIONS - DELEGATED AUTHORITY

EF 08/228 Development Consent has been granted to the following development applications under delegated authority for the months of December 2007 and January 2008.

*********** Minute No. 33835

RESOLVED on the motion of Cr Flannery and seconded by Cr Thompson that the report be received and information noted. ENVIRONMENTAL SERVICES DEPARTMENT MANAGER'S REPORTS

Eric Pasenow 1. NOXIOUS WEEDS REPORT EF 08/209 Précis: Reporting on Noxious Weeds Program for the period 1st October to 31st December 2007.

********** Minute No. 33836

A MOTION was moved by Cr Trappel and seconded by Cr Mitchell that: 1. The report be received and information noted. 2. Council is pleased to see the recovery of Eric Pasenow and his return to work. On being put the motion was carried.


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 last three months.

********** Minute No. 33837


Terry Kavanagh 3. PILCHERS RESERVE PLAN OF MANAGEMENT

EF 07/52 Précis: This report is to provide for Council consideration a Draft Plan of Management (PoM) for Pilchers Reserve. The draft if adopted will be forwarded to the Department of Lands for approval prior to public exhibition. A final PoM and report will be provided for Council consideration after the draft is amended.

********** Minute No. 33838

RESOLVED on the motion of Cr Low and seconded by Cr Mitchell that: 1. The Draft Plan of Management be forwarded to the Department of Lands for their approval. 2. If approved by the Department of Lands that the Draft Plan of Management be placed on

public exhibition for a period of 28 days with submissions invited from members of the public for a period of 42 days.

3. Upon closing of the submission period the draft Plan of Management be reviewed in conjunction with any submissions received and be reported back to Council prior to final adoption.

Terry Kavanagh

4. GRANT FOR RIVER BANK REHABILITATION FRANK ROBINSON PARK 79/31

Précis: This report is to advise Council of a grant for $7500 received through the Hunter Central Rivers Catchment Management Authority (HCRCMA) for riverbank rehabilitation work in Frank Robinson Park, Dungog.

******* Minute No. 33839

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


QUESTIONS WITHOUT NOTICE Cr Thompson – Requested a letter of congratulations be sent to the organisers of the Paterson New Years event, Mr Bill Collins and Mr Kevin Unicomb. Mayor Glenn Wall to address. Cr Farrow – Enquired who is responsible for the organisation of the Thunderbolt Rally at the Showground? The General Manager replied that the Showground Committee is running the event and has done so previously. Arrangements are underway. Cr Farrow – Enquired when objections are received to Development Applications could Council send out the section of the Business Paper that relates to the objection to the objectors. General Manager advised that the meetings are advertised and the Business Paper is available on Council’s website. The objectors also receive notification of when the Development Application will be reported to Council.

CLOSED COUNCIL

Minute No. 33840 RESOLVED on the motion of Cr Wall and seconded by Cr Low that: 1. Council resolve into closed council to consider business identified, together with any late reports tabled at the meeting. 2. Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) of the Local Government Act 1993. 3. The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993. Council closed its meeting at 8.24 pm. The public and media left the Chamber.

Minute No. 33846 A MOTION was moved by Cr Wall and seconded by Cr Low that Council move out of Closed Council and into Open Council. Open Council resumed at 8.42 pm. The following resolutions of Council while the meeting was closed to the public were read to the meeting by the General Manager.


GENERAL MANAGER’S REPORT

Craig Deasey 1. STAFFING MATTERS EF 08/217 Précis: Reporting on outcomes of Council workshop.

********** Minute No. 33841

RESOLVED on the motion of Cr Farrow and seconded by Cr Trappel that: 1. That the report be received and noted. 2. That Council note the actions of the General Manager in engaging the Local Government &

Shires Association to assist with the recruitment of the Planning Manager. 3. That the General Manager engage a suitably qualified company to assist in the

Organisational Review process with a budget allocation of $20,000 to be sourced from available funds.

4. That the General Manager and Mayor pursue through the Tillegra Dam Whole of

Government reference Group the funding for staff positions as identified within the report. 5. That consultants as reported within the report be engaged to finalise the LEP Transitional

Zone amendment process. In particular to undertake on behalf of Council the public consultation process and review and reporting of the public submission received throughout the process.

6. That the General Manager finalise preparations of Councils 2008/2009 budget on a deficit

budget basis with an allowance to accommodate staffing levels until June 2009 pending the outcomes of the organisational review.

7. That the contents of the report remain within “Closed Council” for a period of 10 months. CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGER’S REPORT

Shaun Chandler 1. PROVISION OF AUDITING SERVICES 2007 - 2013 - TENDER A01/07

EF 08/219

Précis: Reporting on Council’s Provision of Auditing Services Tender.

********** Minute No. 33842

A MOTION was moved by Cr Low and seconded by Cr Thompson that a Council Sub Committee of two Councillors, being Crs Wall and Trappel, the General Manager and Executive Manager Corporate Services interview representatives from Forsyths Chartered Accountants, Prosperity Advisers and Pricewaterhouse Coopers on their proposals and the provision of Audit Services with a recommendation being submitted to Council for the appointment of the Auditor. On being put the motion was carried.


INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGER'S REPORT

Mark Smith (LEGS) 1. REHABILITATION OF REGIONAL AND LOCAL ROADS – PARERS HILL MR301 RR10

EF07/18

Minute No. 33843 RESOLVED on the motion of Cr Low and seconded by Cr Mitchell that Council: 1. Accepts the schedule of rates tender of Woodbury’s Haulage and Earthmoving for Contract

R01/08 Rehabilitation of Regional & Local Roads – Parer’s Hill for the sum of $512,875.00 plus GST; and

2. Advises the unsuccessful tenderers, after the signing of contracts, that their tender was not

accepted; and

3. Grants authority to the General Manager to execute agreements to deliver Contract No. R01/08 Rehabilitation of Regional & Local Roads – Parer's Hill

4. That the contents of this report remain confidential

Greg Horvath 2. COUNCIL’S WATER & WASTEWATER BUSINESS OPERATIONS EF07/96 Précis: Reporting on legal advice regarding the transfer of Council’s water & wastewater business operations to the Hunter Water Corporation.

********* Minute No. 33844

RESOLVED on the motion of Cr Wall and seconded by Cr Low that: 1. Due to extenuating circumstances including:-

i. Currently no person other than Council is authorised to provide the Operations in the Dungog Local Government Area (Dungog LGA);

ii. Currently no person other than Council or HWC has water or wastewater infrastructure in or near the Dungog LGA;

iii. HWC has key infrastructure in the Dungog LGA, including Chichester Dam, the proposed Tillegra Dam, the Dungog Water Treatment Facility and its associated trunk main;

iv. HWC currently supplies over approximately 90% of potable water to Council;

v. HWC’s infrastructure interconnects with Council’s water infrastructure; and

vi. No other person’s infrastructure connects to Council’s water or wastewater infrastructure.

2. Council transfer the Water & Wastewater Business Operations of Council to the Hunter

Water Corporation in compliance with Section 55 (3) of the Local Government Act 1993 (NSW).

3. The contents of this report remain confidential.


Greg Horvath

3. CLARENCE TOWN SEWERAGE CONTRIBUTIONS 143/2

Précis: Reporting on the need to finalise Clarence Town Sewerage Special Rate Contributions.

********** Minute No. 33845

RESOLVED on the motion of Cr Low and seconded by Cr Mitchell that: 1. Council adopt 30 April 2008 as the cancellation date for policy C2.7.

2. Council advise Clarence Town Sewerage Scheme customers that have the potential to split

their property for revaluation purposes of the impending cancellation and all potential ramifications.

There being no further business the meeting terminated at 8.43 pm. Confirmed ................................................. Date .................................................

minutes of the ordinary meeting - dungog shire · craig deasey, general manager declared a conflict...

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